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Backup Documents 10/10/2023 Item # 9A BCC Oct 10, 2023 PL20220001142 Jennifer Hansen COCOHATCHEE BAY (PUDA). From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Monday, September 11, 2023 10:46 AM To: Minutes and Records Cc: bellows_r; LauraDeJohnVEN; Ellen Summers; Bob Mulhere; RodriguezWanda; BradleyNancy; GMDZoningDivisionAds Subject: 10/10 BCC- Ad Request for COCOHATCHEE BAY(PUDA) (PL20220001142) Attachments: Ad Request- signed.pdf; Ad Request.docx; 2 x 3 Ad Map.pdf; Ordinance 7-6-23 for BCC.pdf Good morning, M&R, Attached is the Ad Request for PL20220001142 for the October 10, 2023, BCC hearing that needs to run on September 20. Thank you! Respectfully, Ailyn Padron Management Analyst I Cofrar County Growth Management Community Development Department Operations&Regulatory Management Division 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY We appreciate your feedback! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Crystal K. Kinzel �C`¢CVT COURT�� Collier County � Clerk of the Circuit Court and Comptroller 0 3315 Tamiami Trail East, Suite 102 A Naples, Florida 34112-5324 C�FR CouNrr•�� September 11, 2023 Hole Montes, Inc — Robert Mulhere 950 Encore Way Naples, Fl 34110 Re: PL20220001142 COCOHATCHEE BAY (PUDA) Dear Petitioner, Please be advised the above referenced petition will be considered by the Collier County Board of County Commissioners, on Tuesday, October 10, 2023. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 20, 2023. You are invited to attend this public hearing. Sincerely, CRYSTAL KINZEL, CLERK Jennifer Hansen, Deputy Clerk Enclosure Phone-(239)252-2646 Fax-(239) 252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Ad: The advertisement must be a'/4 page advertisement,and the advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Originating Dept/Div: GMD/Zoning Person:Ray Bellows,Zoning Manager Date:September 1,2023 Petition No.(If none,give a brief description):PL20220001142 Petitioner: (Name&Address): Hole Montes, Inc.—Robert Mulhere 950 Encore Way Naples, FL 34110 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date:Collier County Board of County Commissioners(BCC)at 9:00 A.M.,October 10,2023 (Based on advertisement appearing 20 days before hearing.) Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#323534 Other Legally Required Purchase Order No.4500220085 Proposed text:(include legal description&common locations&size): Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: �'7'"77 C Date: / � , ' Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to the County Manager.Note:if legal documents are involved,be sure that any necessary legal review,or request for same,is submitted to the County Attorney before submitting to the County Manager.The County Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE Date Received Date of Public Hearing Date Advertised NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M. on October 10,2023, in the Board of County Commissioners meeting room,third floor, Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600, CHANGING THE PERMITTED USES IN THE GOLF COURSE(GC)DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS AND ADD ESSENTIAL SERVICES IN ADDITION TO GOLF COURSE USES; INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES AND 175 FEET FOR BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO MATCH THE MAXIMUM ZONED HEIGHT OF THE OTHER FOUR BUILDINGS OF 200 FEET; ADDING DEVELOPMENT STANDARDS FOR THE ESSENTIAL SERVICES USE IN THE GOLF COURSE (GC) DISTRICT; AMENDING THE MASTER PLAN TO REVISE ACCESS POINTS; ESTABLISHING A NEW EAGLE MANAGEMENT PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17 AND 20,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY, FLORIDA,CONSISTING OF 532.09+ACRES. [PL20220001142] (insert map) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Deputy Clerk(SEAL) = U { �"" j I , do * ,c::::71-, -4-11 \ Cl 1 I - 11.,7•.....,i 14i-K,,,,,_ 40: e '"" 1 cn 11 r' .„, ,, > ,/ ._ N 1111 !we! ael�_ ._ Z MIMI 0. r_ Q �a �I !gaapu �n C (I) O O cc 4 L (I) Z elm O J ORDINANCE NO. 2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600; CHANGING THE PERMITTED USES IN THE GOLF COURSE (GC) DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS AND ADD ESSENTIAL SERVICES IN ADDITION TO GOLF COURSE USES; INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES AND 175 FEET FOR BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO MATCH THE MAXIMUM ZONED HEIGHT OF THE OTHER FOUR BUILDINGS OF 200 FEET; ADDING DEVELOPMENT STANDARDS FOR THE ESSENTIAL SERVICES USE IN THE GOLF COURSE (GC) DISTRICT; AMENDING THE MASTER PLAN TO REVISE ACCESS POINTS; ESTABLISHING A NEW EAGLE MANAGEMENT PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 532.09± ACRES. [PL20220001142] WHEREAS, Lodge/Abbott Associates LLC and Lodge/Abbott Investments Associates, LLC, represented by Richard Yovanovich, Esq. of Yovanovich, Coleman & Koester, PA, and Robert J. Mulhere, FAICP of Hole Montes, Inc. and Karen Bishop of PMS Inc. of Naples, petitioned the Board of County Commissioners to amend the RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Amendment to PUD Document. The PUD Document attached to Ordinance No. 2000-88, as amended by Settlement Agreement, is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. [22-CPS-02233/1780514/I] 167 Cocohatchee Bay 1 PL20220001142 Page 1 of 2 7-6-23 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of ,2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: IliAc- Heidi Ashton-Cicko 7-6-23 Managing Assistant County Attorney Attachment: Exhibit A- PUD Document [22-CPS-02233/1780514/1] 167 Cocohatchee Bay 1 PL20220001142 Page 2 of 2 7-6-23 COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AM)SUPPORTING AMENDED MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: VANDERBILT PARTNERS II, LTD PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SUITE 408 NAPLES,FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC 12/11/00 ORDINANCE NUMBER 2000 88 AMENDMENTS AND REPEAL DOCUMENT DATE 12/11/00 SETTLEMENT AGREEMENT AND RELEASE DATED 2008 Page 1 of 56 Words underlined are additions;words atru through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx TABLE OF CONTENTS INDEX PAGE List of Exhibits and Tables II Statement of Compliance III SECTION I Property Ownership,Legal Description and Short Title -146 SECTION II Project Development 13 SECTION III Residential Development Areas 3.119 SECTION IV Golf Course/Open Space 422 SECTION V Preserve District 5.126 SECTION VI General Development Commitments 29 I Page 2 of 56 Words underlined are additions;words struckare deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx LIST OF EXHIBITS AND TABLES EXHIBIT "A" Amended Planned Unit Development Master Plan EXHIBIT "B" Cocohatchee Bay PUD Amended Bald Eagle Management Plan EXHIBIT "C" Settlement Agreement and Release TABLE I Land Use Summary TABLE II Development Standards for"R"District TABLE III Development Standards for"GC" DistrictSingle Family II Page 3 of 56 Words underlined are additions;words strut through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx STATEMENT OF COMPLIANCE The development of approximately 532.09±acres of property in Collier County as a Planned Unit Development(PUD)to be known as Cocohatchee 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. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with 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 Cocohatchee Bay Project are adequate. The Cocohatchee 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 Cocohatchee 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 low- rise residential development and high-rise multi-family development. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Development's residential density as described in Objective 2 of the Future Land Use Element. 4. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. The property was down-zoned during the Zoning Re-evaluation Process which resulted in an action establishing several zoning districts and densities: Parcel 1 11.19 acres RSF-3st = 33.57 units Parcel 5 161.63 acres RSF-4 = 646.52 units Parcel 6 13.15 acres RSF-4(3) = 39.45 units Parcel 7 69.61 acres RSF-3st(3) = 208.83 units RSF-3(3) RMF-6(3) RMF-6st(3) Parcel 8 194.60 acres RMF-12(3) = 583.80 units RMF-12st(3) Parcel 9 1.26 acres RMF-12st(3) = 3.78 units Parcel 10 80.65 acres RMF-12st(3) = 241.95 units RMF-6st(3) TOTAL 532.09 acres = 1757.90 or 1758 units III Page 4 of 56 Words underlined are additions;words straelk-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx The PUD will utilize a total of 590600 units on 532.09 ± acres for a gross density of 4- 1-1-1.13 dwellings per acre. This 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 Element. 7. 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. 8. The project Development is planned to protect the functioning of natural 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. All final local development orders for this Project are subject to the Collier County Land Development Code(LDC). 10. This PUD Amendment is hereby made pursuant to a Settlement Agreement and Release, recorded in OR Book 4368 page 2345 eq seq. as amended by First Amendment to Settlement Agreement recorded in OR Book_ page 2a copy which is attached hereto as Exhibit"C" and which terms and conditions are hereby deemed to be incorporated herein by reference as if fully set forth herein. If any terms between thisthe 2008 PUD Amendment and the Settlement Agreement and Release are in conflict, the Settlement Agreement and Release will control. IV Page 5 of 56 Words underlined are additions;words s*w•kthreugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 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 condition of the property proposed to be developed under the project name of COCHATCHEE BAY. 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24'40"W. (SHOWN IN ERROR AS S.88°26'40"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 484; HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22°31'00"W., (SHOWN IN ERROR AS N.22°30'00"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 INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00"E., FOR 815.68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'10"E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR Page 6 of 56 Words underlined are additions;words struckare deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,EXCEPTING THEREFROM THE RIGHT-OF- WAY FOR STATE ROADS S-865A(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 NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°54'20"W., ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.01°30'05"E., 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.30°00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88°26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET(SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS),TO THE EAST QUARTER CORNER; THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS Page 7 of 56 Words underlined are additions;wordsstruck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx S.0°26'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN S.89°53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89°53'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.41°11'03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E., FOR 120 FEET, THENCE RUN N.89°53'18"E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89°40'S5"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.0°26'00"W., FOR 100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.89°40'55"W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41"E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00°14'00"W. FOR 1698.91 FEET; THENCE RUN N.54°47'52"W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC Page 8 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R. BOOK 68,PAGE 235); THENCE RUN N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°54'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.02°12'00"E., ALONG THE EAST LINE OF SAID SECTION 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 RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOWN AS BLUEBILL AVENUE). AND LESS AND EXCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION; THENCE N.89°52'20"W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE 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.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.00°14'00"W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.87°48'00"E.ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE S.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.87°48'00"E. A DISTANCE OF 200.00 Page 9 of 56 Words underlined are additions;words t sw•�, are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02°12'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"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 THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02°12'00"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A DISTANCE OF 1481.48 FEET; THENCE S.34°26'15"W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54°47'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68,AT PAGES 235 THROUGH 250,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE N.79°17'10"E.,ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.02°59'30"W., ALONG SAID Page 10 of 56 Words underlined are additions;words struckare deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27°15'20"W.,ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET;THENCE N.87°48'00"E.,A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET; THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by A.L.Dougherty Co.Inc.,a Delaware Corporation Lodge/ Abbott Associates, LLC &Lodge/Abbott Investments Associates, LLC. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay PUD, on the South by the Dunes PUD and on the North by Arbor 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-3 ST (3), RSF-4, RSF-4 (3), RMF-12ST(3), RMF-12 (3), RMF-6 ST (3), RMF-6(3), and A-ST. 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 stormwater runoff to wetland areas 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 category. The site lies within Flood Zone AE (EL 11 ') and AE (EL 12') according to Firm Maps 120067-0191D, 0187D, and 189D, dated June 3, 1986. D. Soil types within the Project include Keri fine sand(approximately 50%), 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. Page 11 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 1.6 PROJECT DESCRIPTION The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 590600 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 recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "AMENDED COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." Page 12 of 56 Words underlined are additions;words struckare deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx SECTION II PROJECT DEVELOPMENT 2.1 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 other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Amended Planned Unit Development document, the Settlement Agreement and Release attached hereto, 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 not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable,remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit "A", the Amended 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 tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. Page 13 of 56 Words underlined are additions;words dough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilitates,golf course layout,roadway pattern, and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s/Square Footage Acres Residential "R" 590600 53.70 Golf Course "GC" 2-N/A 170.39 +/- Open Space N/A 308.00+/- (Preserve, Lakes and Landscape Buffers) Total 594600*— Total 532.09 +/- acres *2 "GC"units to be deducted from the total in the "R"use so total overall remains 590 units. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate: Collier County governmental agency to ensure compliance with the Amended PUD Master Plan,the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Revised Exhibit"A,"the Amended PUD Master Plan,constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the Amended PUD Master Plan. Any division of property and the development of the and shall be in compliance with the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions 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 the Collier County Land Development Code prior to the issuance of a building permit or other development order. Page 14 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of 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 required 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 perpetual maintenance of the common facilities. 2.5 MODEL HOMES/SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Cocohatchee Bay PUD, subject to the Collier County Land Development Code and all other applicable sections. Sales facilities will be permitted prior to final plat approval as provided in the Collier County Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR 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 terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' associations, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection,U.S. Army Corps of Engineers,and South Florida Water Management District. 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large Page 15 of 56 Words underlined are additions;words struck thr^ugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code. The Applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the Collier County Land Development Code. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, 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 contractors and consultants, including necessary access ways,parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Page 16 of 56 Words underlined are additions;words struckthrough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 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 (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines — One half (1/2) the height of the structure,minimum of twenty feet(20'). 3. Minimum distance between structures which are part of an architecturally unified grouping—Five feet(5'). 4. Minimum distance between unrelated structures—Ten feet(10') 5. Minimum floor area—None required. 6. Minimum lot or parcel area—None required. 7. Sidewalks, bikepaths, and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk,bikepath, or cartpath. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The Amended PUD Master Plan satisfies the open space requirements 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. 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with the Land Development Code. Page 17 of 56 Words underlined are additions;words struckhough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 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 berm. 2. Ground cover on the side of be berm shall form a dense attractive 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 percent native species. B. A minimum landscape area of thirty-five (35') shall be developed along the Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt Drive shall include development features that impede the view of high rise residential structures from Vanderbilt Drive. Page 18 of 56 Words underlined are additions;words s'ru.elf-thre-tigh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx SECTION III RESIDENTIAL "R"DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A", the Amended PUD Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 540600. The subject property contains a gross acreage of 532.09 +/- acres and base density of 1.14-3 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Amended PUD Master Plan are designed to accommodate high-rise residential dwelling unit types,multi-family dwellings,adult living facilities, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreages are indicated on the Amended PUD Master Plan.These acreages are based on conceptual designs and are approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED 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" as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Page 19 of 56 Words underlined are additions;words struckare deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Recreational uses such as,but not limited to, clubhouse, fitness center, health spa,tennis courts, swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential Districts. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay PUD, 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 standards apply to principal structures. C. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development A green space area of not less than ten feet(10')in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Page 20 of 56 Words underlined are additions;words struckugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx AMENDED COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR"R"DISTRICT TABLE II DEVELOPMENT STANDARDS HIGH-RISE NON HIGH Multi-Family RISE (Other Dwellings*-- Structures)t Minimum Lot Area N/A 1 Acre Minimum Lot Width N/A N/A Front Yard—Internal Road *1 0.5 BH not less 0.5 BH not less than 25 feet than 25 feet Front Yard—Accessory Bldg. 0.5 BH not less 0.5 BH not less including Parking Structure than 25 feet than 25 feet Front Yard—Vanderbilt Drive BH N/A Front Yard—Accessory Bldg. 50 N/A Side Yard 0.5 BH 15 Rear Yard Principal 0.5 BH 15 Rear Yard Accessory 15 10 Maximum Bldg. Height 20 stories for maximum 35 height of 200 feet *2 Distance Between Principal 0.5 SBH *3 .05 BH not less than 15 Structures feet Floor Area Min. (S.F.) 1800 SF 1200 SF *4 BH: (Building Height): Zoned Bbuilding height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. *1 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by private road, setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). *2 The maximum zoned building height shall be 200 feet, and the maximum actual building height shall be 250 feet.Building height for the north property line adjacent to Arbor Trace in the"Rl"tract shall be 17 stories for a maximum height of 175 feet. *3 Where buildings with a common architectural theme are angled, skewed or offset from one another,and walls are not parallel to one another,the setbacksbuilding separation can be administratively reduced. *4 For accessory uses, including cabanas,there shall be no minimum floor area. Page 21 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\CCPC\Cocohatchee Bay PUD(PL-20220001142)(7-6-2023).docx SECTION IV GOLF COURSE "GC"DEVELOPMENT AREAS 4.1 PURPOSE The purpose 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. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities caddie quarters,clubhouse,guest suites, including temporary golf clubhouses. 2. Up to 2 single family detached dwelling units. Essential Services. Those services and facilities, including utilities, safety services, and other government services,necessary to promote and protect public health,safety, and welfare, including but not limited to the following: Police, fire, emergency medical,public park, and public library facilities 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings,utility and maintenance staff offices. 5. Any of the uses of the"P"District subject to the development standards of the "P"District. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatibleas determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal Page 22 of 56 Words underlined are additions;words struckough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx uses permitted in this District. 2. Pro-shops, practice areas and ranges, golf cart barns, restrooms, 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 intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other types of accessory facilities intended to provide recreational opportunities for members. 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 —GOLF FACILITIES 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. B. Accessory structures shall be set back a minimum of ten feet(10')from Golf Course District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures - 2 stories for a maximum height of 20 feet. 2. Accessory Structures - 1 story for a maximum height of 15 feet. E. Minimum distance between principal structures - Ten feet(10'). F. Parking for the community center/clubhouse shall be three spaces per every one thousand(1,000)square feet of gross floor area,which shall be considered inclusive of the required golf course parking, provided the golf course and recreational facilities are private, otherwise, applicable provisions of the Land Development Page 23 of 56 Words underlined are additions;words s.ruthrough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S. 41. H. 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 standards apply to principal structures. 4.4 DEVELOPMENT REGULATIONS — ESSENTIAL SERVICES CRITERIA No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and two hundred feet(200') from all PUD boundaries: B. Accessory structures shall be set back a minimum of ten feet (10') from Golf Course District boundaries and private roads, and two hundred feet (200') from all PUD boundaries and residential tracts. Fences, gates and non-habitable gate houses are exempt from the requirement of Paragraph 4.4.B. Page 24 of 56 Words underlined are additions;words struck Arou i are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx DEVELOPMENT STANDARDS FOR "GC" ESSENTIAL SERVICES TABLE HI DEVELOPMENT STANDARDS "GC" Single-Family Detached—Dwellings Essential Services Minimum Lot Area 15,500 SF1 Acre Minimum Lot Width 4-OON/A Front Yard 20* Prent-Yar-d—fer--sitle-entr-y-gar-ages 4-0 Side Yard 2-520 Rear Yard Principal 20 Rear Yard Accessory 10 Rear Yard Special** 10 Maximum Bldg Height for principal and 4-8-35'zoned height/50' actual height accessory structures Distance Between Principal Structures 1-015' Floor Area Min.(S.F.) 4200-SFN/A All distances are in feet unless otherwise noted. *Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). **Rear yards setback for principal and accessory structures on lots that abut preserves shall be per the Land Development Code. C. Permitted accessory uses and structures: a. Customary accessory uses and structures, including but not limited to: i. Covered parking, attached and detached garages. ii. Recreational facilities including but not limited to pools and tennis courts. iii. Equestrian barns and appurtenances iii.Water management facilities and lakes v. One (1) guest house (as allowed by the Land Development Code) per principal structure and two (2) service quarters supporting the principal structure. The guest house and service quarters combined shall not exceed 40% of the size of the principal structure. The service quarters will not be counted as additional density. 4iii.Storage facilities. b. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the Hearing Examiner determines to be compatible in this district,per the process outlined in the LDC. Page 25 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx SECTION V PRESERVE "P"DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Amended Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated 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 impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. 5.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following: 1. Passive parks. 2. Passive recreational areas limited to the following: i. Boardwalks ii. Bicycle paths iii. Environmental uses(wetlands and conservation areas) iv. Flower beds v. Golf cart paths * vi. Pathways and/or bridges vii. Handicap ramps viii. Equestrian uses and trails * ix. Fitness trails and shelters * x. Hiking and nature trails xi. Open space drainage systems (required for the permitting of the project) xii. Parking lots (in support of any use within this section) * xiii. Sidewalks * xiv. Underground drainage xv. Water parks (fountains) xvi. Lake(including structural bank treatments) xvii. Boat(non-motorized),kayak and canoe docks xviii. Fishing piers Page 26 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx xix. Guardhouses, gatehouses * xx. Passive parks, with passive recreational uses subject to this section. [Intended to be limited to the definition in the Land Development Code] xxi. Gazebos xxii. Picnic areas xxiii. Wildlife sanctuary xxiv. Recreational shelters, in preserve upland areas only xxv. Drainage and water management facilities as may be required by SFWMD xxvi. Motorized devices required by physically impaired individuals. xxvii. Restroom facilities * *East of Vanderbilt Drive only. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be-eempatihle as determined by the Board of Zoning Appeals (BZA)or the Hearing Examiner by the process outlined in the LDC. 5.4 DEVELOPMENT STANDARDS y A. Setback requirements for all structures shall be in accordance with 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 written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures—Twenty-five feet(25'). C. Minimum distance between principal structures—Ten feet(10'). D. Minimum distance between accessory structures—Five feet(5'). E. Standards for parking,landscaping, signs and other land uses where such standards are not specified herein are to be in accordance 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. Page 27 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s) or assigns, including the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. Page 28 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL 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, 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 the commitments outlined in this document. The Developer, his successor or assignee, shall follow the Amended Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is bound by the commitments within this agreement. 6.3 PUD MASTER PLAN—As Amended by the Settlement Agreement and Release A. Exhibit"A,"the Amended PUD Master Plan,illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of the Land Development Code, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and common areas in the Project. C. The following shall be considered minor changes and refinements, subject to the limitations of PUD, Section 6.3A: 1. Reconfiguration of preserve areas, 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. Page 29 of 56 Words underlined are additions;words st-�ruelc-throuthroub s are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 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 preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 PUD MONITORING PRO A. Initiation of construction on the Cocohatchce Bay Project is contemplated in calendar year 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 2000/2001. 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 the Collier County Land Development Code. C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of the Land Development Code as modified by Paragraph 7 of the attached Settlement Agreement and Release. A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Lodge/Abbott Associates, LLC and Lodge/Abbott Investments,LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its Page 30 of 56 Words underlined are additions;words&truelc-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 6.5 POLLING PLACES Pursuant to the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon 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 necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) A. Sidewalks / bike paths shall conform with the LDC. Due to the environmental issues on this Project impacts are to be minimized. B. Private streets shall conform with the right-of-way width requirements of the Land Development Code except as follows: 1. The right-of-way for Ecul-de-sacs and other local streets less than one thousand feet (1,000') in length are required to have a may be a minimum fifty foot (50') right of way in width, with two ten foot (10') wide travel lanes as required by the Land Development Code. 2. All other cul de sacs are required to have a minimum of fifty foot (50') right of way width and two ten foot (10') wide travel lanes as required by the Land Development Code. 3-2. Tangents between reverse curves shall not be required under the Land Development Code. 4,3. Street grades may exceed four percent (4%) under the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 5-4. Pursuant to the Land Development Code, the standard that street name markers shall be approved by the Development Services Director and Page 31 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001 I42)(4-27-2023).docx conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting, stripping 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. 5,6_ Pursuant to the Land Development Code, the minimum back of curb radii for internal roads shall be 30 feet with the exception of both entrance road intersections which shall be 40 feet. 6.7 TRANSPORTATION—For Additional Information, see Settlement Agreement and Release A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at Project access when deemed warranted by the County Engineer. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, East/West Livingston Road, and/or Wiggins Pass Road rights-of-way if such improvements conflict with or negatively impact public roadway, drainage, or utility facilities planned as part of future four- laning construction. C. The 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 25 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 required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without 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. 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 final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. do not show required right-of-way for right turn lanes for this PUD, but the Page 32 of 56 Words underlined are additions;words struckthrough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 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 10 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 for Collier 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 credits for public roadway, drainage, and public utility improvements. The right- of-way conveyance shall occur at the time requested by the County. F. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD's north boundary for future East/West Livingston Road between Vanderbilt Drive and U.S.41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right-of-way along its°southern property line for the future East/West Livingston Road. 100 feet of right-of-way along the northern property line for future East/West Livingston Road shall be dedicated to the County. Such required 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 conveyance shall occur at the time requested by the County. G. The Developer shall design and pay for any required road improvements to Vanderbilt 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 construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay the design and construction 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 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. H. The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from East/West Livingston Road along the Project property line in the form of water quantity. Water quality will be handled within the 167.5' right- of-way reservation. Page 33 of 56 Words underlined are additions;words struckthrough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 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 Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. K. The maximum total daily trip generation for the PUD shall not exceed 236 two- way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 6.8 UTILITIES The development of this Amended PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission lines to serve the Project are to be designed,constructed,conveyed,and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system 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 shall 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. 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 west forth 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 property and not Page 34 of 56 Words underlined are additions;words elf-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 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 the 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 Water/Sewer District for ownership,operation and maintenance. All sewer facilities constructed on private property 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. G. All construction plans and technical specifications and proposed plats,if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 6.9 ENVIRONMENTAL The development of this Amended PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall 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 easements 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 the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Page 35 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx E. Petitioner shall comply with the guidelines and recommendations of the 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 shall be submitted to Planning Services Section staff for review and approval prior to final site plan/construction plan approval. A Bald Eagle Management Plan and a Gopher Tortoise Management Plan are required for this site. 6.10 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. 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 permit shall be required for the proposed lakes in accordance with the Collier County Code of Laws and Ordinances and South Florida Water Management District Rules. 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to 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 County Code Enforcement Department contacted. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors storage and office facilities and the like, may be erected Page 36 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.14 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 permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. 2. Entrance Signs A. Two (2) signs with maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right-of-way to the uppermost portion of the sign structure. C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent street or going into adjacent residences. 3. Project Signs A. Project signs, designed to promote the Cocohatchee 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 Cocohatchee 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. Page 37 of 56 Words underlined are additions;words st~•c'� thhrough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 2. A maximum of four (4) project signs shall be permitted. Two (20 signs shall be located along the CR 901 frontage; one (1) shall be located along the Livingston Road Extension frontage, and one (1) shall be located along the CR 888 frontage. 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 Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Code of Laws and Ordinances. If it is demonstrated that 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 activates shall comply with the definition of a "development excavation" pursuant to Code of Laws and Ordinances whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of the Code of Laws and Ordinances are applicable. 6.17 ESSENTIAL SERVICES—EMERGENCY ACCESS A. In the event a fire station facility is constructed at the location depicted on the master plan, an emergency access, which may be limited to a stabilized area, connecting the fire station facility to the adjacent development to the south(Tarpon Cove) will be provided. The site design of such emergency access or stabilized area will be coordinated at time of SDP and shall be managed by the fire department. Page 38 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000I 142)(4-27-2023).docx — .. ' - • — e a i - A --,A) COY Co'" Op n o n v 2 s 2 x 5 a S g 1,1 4A.\ .. 4 \�� \\�\ \\\ ...:....:::.::::::::::::::::::...:::............;::'...i......7::::::::;::.........,,...:-..:!,4:::•:::.:...:•ii:':\\.:: \:\,.:1110 ..N.., :.:, .,' ,,:..\2.,:\::\:.:::.:...... .....::. : . '''*\s.(\ ..4:::::.:i:::::•:::::: :'.'.. :::':':':':':':**•:•:•:.:•:•:.:•:•::::....:....• , ., \ 1 0 ...:......,....:...........::::.:.:.:.:, — 1....:::::::.:.::::,...:.:.:.:.:.:.::::::. ad ,......i.....:::::::::.:....:::,:.......,....,....., , ,...:.:.:::.:.:....:•::::::::.:.:.:.:.:.:.....„ ...,, . ( A . . _, �4 L ._., . .. ,.,,,,, 4.-_—_ : ..,- , ._,, . ,...._. ._., ,, ./...., -; • • . ., ' Ili) 0 i 1Ilii , .. - i \e ... -.11,,, ` :, r. s ., 1 - ,'. . \, 1 -i --..... .,,,. ,....,. .,.,... ... : ,,. ... iii .- ,. . . \ , 44,2., _.(. ,_. ;' E hibit"A"to Amended Planned Unit Development Document i► Vanasse "' .- 1"11 .:' R�,T£ �-2'-� 5 COCOHATCHEE BAY w y.., K of-Zs-D8 N.r.s. PUD MAsrEg PLANDaylor ,';;', ;:-1-�1d`- PR,wccr No.: 80447 ` .fl$U7w,.aC1 4 ACAO No. 80447-PUD_MP7 Page 39 of 56 Words underlined are additions;words struck throes are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx C:\Dwgs1Projects\Coco2oningSupport\PUDMP\ZoningMasterPlan-2023-0111.dwg,1/11/2023 6:52:15 PM S n O y o 00 OW m VO coy, m • o— G , O 73 m corn �O 0V� Z u 0 0 -Di• Om m m \m o>c0 nD 8• S- • n + D m O +rn _._ • n m Z `\ 2 r D Z y 0 rn m N `" Z > `�`�; crn Z ``````••/ (-) CD silt in,,,-,9 ne — — BUFFER PER LDC VANDERBILT DRIVE(S.R. S-865A tr y it i'U -. cnrO 2 I ` • I 1 Z n ^ zm O p .-N \ )) Z —1 u) Lori o n o > m "----1 ........_.. . .• ,..1, if AO z m m m � �\O � C1n2G � o-I n � myZ 1w n � O � o OO ovp ..____.. .__I i ZZm "' c � C� D , _, mmQ > C) c -i _ > m_ ZOcmi' ZZ KTOO -0 o m0 ZmmmZ myt it m Z o 02 J xi `�� 0Z •• vt4 Z k)m _ 0, sn lwviwvl) co (1IV 1 SCALE: DATE: PAGE TITLE: ♦/ 1 AS NOTED 01/23 COCOHATCHEE BAY LODGE i ABBOTT 5620 Sonnen Court Fort Myers,FL 33919 ASSOCIATES;,LLC Exhibit PUD MASTER PLAN Consulting Group C.A.#28291 A PROJECT NO: 1408 Project Management/Civil Engineering Solutions J♦ ACAD NOZonMastPIan0.; OR: 4368 PG: 2434 EXHIBIT B COCOHATCHEE BAY PUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has been coordinated throu and approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. ish & Witdlife.,Service ("USFWS"), and the Florida Fish & Wildlife Co•• ation Comtetfssjon("FFWCC").' 'ROJECT DESCRIPTION The •. 'cant proposed to construct five high-rise condo s(each 17 to 20 stories) , • social and fitness center, a golf driving rang: tennis courts, guest cottages, p•• 'ng areas, and storm water management •cilities on a 111.3-acre project site. . =• :• . ; To co • nsate for unavoidable effects to bald eagles at nest CO-19,and 'w C0-19A; e applicant prepeceste shall purchase and preserve suitable habita or' -. ' g bald eagles in, or in the vicinity of, Collier County,in southwest F •;••. )it project site is located north of Wiggins Pass Marina in Sections 8, 16, 1 and 20, Township 48 South,Range 25 East, Collier County,Florida. B. TERM AND • i V •NS4 1. In the event of .jest implementatio '-fhe entry road, stormwater pond, parking area, . d golf club house areas '11 bd cleared and constructed in the first n. -nesting season (May 16 gh September 30). Exterior construc •.n of the golf club house woul. Iso•"occur in the first non- nestin' .eason. 2. clearing and the initiation of construction of c• ddfninitt_m number 1 r would be initiated in the non-nesting seaso (Nay-46 through eptember 30). However,construction of this 20-story ilding,which is This sec..n is from the DESCRIPTION OF THE PROPOSED ACTION section in the U. Fish& Wildlife .ervice's Biological Opinion dated February 27,2004,as amended on February 6 .• ebruary 27,21,' r In cordance with the Cocohatchee Bay Development Standards,buildings#1,#2,#3,and#4 20- s• 'es and building#5 is 17-stories. 'rivate practice area. Not open to the public. Biological Opinion dated February 27,2004,Page 14,as amended on February 6 and February 27,200 Page 41 of 56 Words underlined are additions;words struck-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx OR: 4368 PG: 243 anticipated to take about 2 years to complete, would not be limi • to the non-nesting season. The staging area for building number 1 •uld be at the future location of building number 3 (Figure 1). Site cl•. ' g for the staging areas would occur in the same non-nesting period. 3. In the second non-nesting season, construction •f the remaining recreational facilities east of the access road (i.e., 'tress facility, social facility, pool, cottages and tennis areas) would • initiated and exterior construction completed. These facilities are ' ended to be operational •••n completion of the 2-year constructi• phase for condominium - ber1. 4. Lan• easing and the initiation of con . ction of condominium number 2 likely. •uld begin in the next non-n- ing season,depending on economic conditio • The pad for condomi '• number 3 would again serve as the staging : y or condominium a umber 2. The pertittee agrees the construction, ••uence for e remaining condominiums would be buildings 3,4 :•, 5 with start of construction of these condominiums initiated only in non- esting season(s) (Figure 1). The construction start dates of these.• ominiums likely would be in consecutive non- nesting seasons,but • s be delayed based on the economy. 5. The boardwalk c• • ectirtg--•ndominium numbers 4 and 5 inside 660' of CO-19A woul' only be Co a••u•cted in the uplands in the non-nesting season after . ese two units are •a pleted and at the revised location as shown. 6. In the vent the bald eagle pair retdms CO-19 or builds other nests on pro• y owned by Lodge Abbott Moe': '.,LLC,the permittee agrees to s' ilarly modify the construction sequence - the remaining buildings to inimize the adverse effects of the project on --ting bald eagles. . The permittee has proposed to preserve an. off- e bald eagle nesting territory as compensation for unavoidable effects to .gle nest CO-19A. Securing a territory may be in the form of fee ' ple title or a conservation easement to be granted to an acceptable• • party. The territory must include sufficient area to accommodate alt . to nest trees in the event that the primary nest tree is lost. The permittee 11 use best efforts to locate and secure a territory in Collier County,but- -. es the right to search elsewhere if an acceptable contract cannot be in Collier County. C. ADDITIONAL TERMS AND CONDITIONS' t Amended Biological Opinion dated June 30,2004 pursuant to a request for letter of technical assistance from Collier County. Page 4-5,as amended and/or rc-stated in the February 6 and 27,2007 Biological Opinion. Page 42 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx OR: 4368 PG: 24 The USACE has requested the USFWS to modify the February 7, 2004 biological opinion for the Cocohatchee development based on m•' fications to the project proposed by the applicant. The USFWS has review the proposed project modifications and notes that they will result in th addition of the following two (2) items to the Terms and Conditions Secti• of the biological 'pinion: 1. The construction of condominiums numbers 2 d 3 can be initiated only during the non-nesting season(May 16 throw September 30)(no earlier • 2008). However,once initiated,cons,. tion activities can carry over • gh the nesting season until the co ction of each condominium is corn• 0.. 2. The appli :- t has agreed to pure•, and preserve an offsite bald eagle nesting t •• prior to the '•'•:tion of construction activities for the project. ' g a territory ay be in the form of fee simple title or a conservation • • ept to • granted to an acceptable third party. The territory must incl su i'cient area to accommodate alternate nest trees in the event that-the . nest tree is lost. The applicant will use best efforts to locate and • ..a territory in Collier County,but reserves the right to search els, 13- ' ;an acceptable contract cannot be secured in Collier County. e seleeti•• criteria are as follows: i) Preferenc• '11 be given to s,> tion of a parcel that presently supports active nes' g by bald eagles,but 'arcel that supports suitable habitat for attractin and supporting nesting'b d eagles may also be considered accep ••le. ii Preference will be given, but not limit•• to, selection of a parcel of . 'table habitat that has been selected ed as a conservation priority for preservation by agency process. iii) Proximity to other conservation lands being.m.. !ed or identified for preservation and management, proximity to foragin size, cover types, and presence of other species of conservation •ncern will be considered for selection of a parcel of suitable habitat f• nesting bald eagles. • D. CONSERVATION MEASURE(' Provided the necessary federal,state and local permits are obtained,the appli i t will construct a 50-to 60-foot artificial nest tree on a salt flat approximately 5,1 I 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 Biological Opinion dated February 27,2004,page 15 Page 43 of 56 Words underlined are additions;words struckthrough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx OR: 4368 PG: 243 purpose of the artificial nest tree is to ascertain if eagles that are utilizing • st CO- 19 will relocate to the adjacent artificial tree. This specific location , : chosen because it is within the territory of the eagles that nest at CO-19 arther than 1,000 feet from the proposed condominium construction area,wel suffered from other potential conflicting land uses, and will minimize dis ': ce to wetland resources. The geotechnical engineer(ASC Geoservices, In••rporated) suggest at actual fill for the base structure in the salt flat wetland I be limited to a 25- • are foot area,and can be pile driven by a crane from , floating barge. Water dep are adequate to reach the site, and representat" es of the South Florida Wale • agement District will accompany the co•• • tor during barging and tree' ►• 'on to ensure that environmental dama: will be minimized. The artifi eat.tree will use technology d, eloped for monopole cell towers with artificial limbs and needles mate " g that of a mature slash pine with a crotch confi: •n suitable for construe.n of a nest by bald eagles. The tree will be designed to hstand 140 mph nds,be lightning proof and constructed of non-toxic materia . Examples of ' s technology can be found at manufacturer websites such as w •:naturem. ers.com or www.utilitycamo.com. The applicant also proposes t. " • video camera in the nest tree to provide the residents of Cocohatchet; : • other interested parties with an opportunity to monitor eagle nesting behav' The final designs of the base, the nest tree,and the camera will be submitt=, to $ervice. E. CHANGES THAT EC' TH. ;OVE TERMS AND CONDITIONS Any revision by • U.S. Army Corti ogineers (USACE), the U.S. Fish & Wildlife Servic• (USFWS), and tht P'• •< Fish & Wildlife Conservation Commission ' WCC)that may cause reniSio."of the above described terms and conditions 11 not require further amendment; the Cocohatchee PUD or this Bald Ea: Management Plan. Should the . - eagle pair or a second eagle pair b "d a new nest within the PUD boundary,. y revisions to the above desc ".ed terms and conditions required by the'agent s listed above shall not r • an amendment to this Bald Eagle Management P . The applicant shall • ify the County in writing of any revisions to the abov •escribed terms and •nditions approved by the agencies listed above and s • revisions shall automatically become part of this Bald Eagle Management P1:. and no further action to amend this Bald Eagle Management Plan shall be requ' • F. PHASING PLAN In accordance with B & C above, a phasing diagram has been includ-• for reference. See Attachment 1. G. REASONABLE AND PRUDENT MEASURES From Biological Opinion dated February 27,2004,pages 13-14 Page 44 of 56 Words underlined are additions;words struclk-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx OR: 4368 PG: 2 1. For the duration of the project,the applicant must take all neces steps to minimize the potential for incidental take of bald eagles . i g each nesting season. During the construction of the project,the a••licant must make reasonable effort to prolong the integrity of the bald ..gle nest tree, the nest,and the surrounding habitat. 2. Upon the onset of the nesting season each year of •.nstruction(October 1), the applicant must initiate monitoring acc. +ing to Service draft Monitoring guidelines,to detect the presence of .ald eagles on the project sijrand,if present,any abnormal bald eagle b :vior,since site work and • ' •'•g construction within the primary zo is proposed to occur during • .esting season. This monitoring cons' of 4 hours per morning,for 3 da week while construction is occ • 'ng. • Page 45 of 56 Words underlined are additions;words struck-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx OR: 4368 PG: 2438 For the duration of the project,the applicant must take all necessary steps to minimize the potential for incidental take of bald eagles during each nesting season. During the construction of the project,the applicant m • make reasonable effort to prolong the integrity of the bald eagle nest • , the nest,and the surrounding habitat. 2. Upon the onset of the nesting season each year of construction • tober I), the applicant must initiate monitoring according to Se' ce draft gionitoring guidelines,to detect the presence of bald eagles . the project Shand,if present,any abnormal bald eagle behavior,sinc site work and building construction within the primary zone is propos to occur during the nesting season. This monitoring consists of 4 ho • .er morning,for 3 a per Week while construction is occurring. • 5,f • r , Page 46 of 56 Words underlined are additions;words struckthrough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx OR: 4368 PG: 2439 e fl�il w \j °j ! 0 Cal . ; > a I' a w -------------- 1 1 r OM C0:31.1C-Alize Oil Wig"'''-„ ' \ • ,CIA CM:4 rgil •-• VW 4// '', ,,Ili v P all c. % •\\ _J n )1 It.! „---- tutt111-, ,g—. -. / .' ,40 .-, it N>. -*' trAjdepetto,,, :14+.3 idiikg i -- --ie:.-"'"Ilit---.::„. Wit )41 ' 9 : ' i g v. 1 .- -- .... -- ,f,....0,A. , itvi, 6 ..4p,, \ ., ..._ ] iu ,-' §, lik_46... i • E .q -.- --ibloptAillP,T,"14 . i ) N':: r4.1Wy* i'l t'i lit.7.S'Illi 4;0\771A i/-*\). 111''' i' ... �..� fi t' 1 .� �:1 \ � - �/� 11' �i• e * ♦ , ♦ ' 1 1 apt '': ' -10"4 tir- , i .-, , i . . ,t , i A " • o r ♦ 1 . - �. ,. titlliC 1ll' 16't v0 . k 1 1 tit' F 1 1 OA t 11 •1i 1 i t ° Oi 4 I'.. ,t 2ttl'i:a}i 1 L t;i i l 1 i.L' t . 1 a ,+ ; Attachment 1 to BEMP Page 47 of 56 Words underlined are additions;words struck-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx EXHIBIT B BALD EAGLE MANAGEMENT PLAN 1.0 INTRODUCTION This report provides project management guidelines for the maintenance of habitat, foraging and nesting opportunities for bald eagles (Haliaeetus leucocephalus) within the boundaries of the Kalea Bay and Cocohatchee golf course properties. The document addresses the existing use of the site by eagles, with general background information on their ecological and biological characteristics and habitat requirements. It also outlines a description of how planning and site development will be guided in consideration of the existing use. The plan briefly describes habitat that will be impacted by the development, as well as that which will remain available. Maintenance of the preserve areas is also described with the measures to be followed in order to keep the site viable for continued nesting by future eagle pairs. 2.0 PROJECT LOCATION AND DESCRIPTION The Kalea Bay and Cocohatchee golf course projects are an existing approved residential and golf course development located in the North Naples area of Collier County. The property is more specifically located east(Cocohatchee golf course) and west (Kalea Bay residences) of Vanderbilt Drive immediately north of the intersection of Wiggins Pass Road and Vanderbilt Drive. A portion of the preserve areas associated with the project is also located west of Vanderbilt Drive immediately south of the intersection of Wiggins Pass Road and Vanderbilt Drive. The Kalea Bay residential high-rise community is under construction, with four of five towers erected, and work slated to start on the fifth at the end of the 2022/23 eagle nesting season. The Cocohatchee golf course will be constructed on the east side of Vanderbilt Drive. Some clearing for the course was conducted in 2002 but then put on hold. Additional work was started in 2016, but again put on hold and not completed. The course is currently undergoing design modifications and permitting reviews though work on previously permitted areas is underway. Surrounding and adjacent land uses include high rise residential development and a county park with playground and boat ramp to the south,while single-family residences and multi- family low-rise development are found to the east and north sides of the project. Adjacent land to the west is undeveloped open estuarine waters and mangrove forest 3.0 BALD EAGLE (Haliaeetus leucocephalus) 3.1.1 Occurrence on Site Active bald eagle nesting has occurred on the project site for at least the past 25 years. Observations of the nesting activities by the property owners commenced during the 1998/99 nesting season. The original nest (CO-19) was located in the center of the site on the west side of Vanderbilt Drive. It was constructed in 1997 in a large pine tree. The tree was killed during a small fire in 1998 but was still Page 48 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx successfully used by the eagles for several more years. A new nest (CO-l9A)was constructed during the 2005/06 nesting season. The new nest was located in a pine tree approximately 1000 feet northwest of the original nest tree. The nest has been taken over by great horned owls a few times,but the eagles continued to come back. During the 2019/20 season, the eagle pair built another new nest (CO-19B) a little over 2,000 feet to the east, on the east side of Vanderbilt Drive but have never actually used this nest. They instead moved back to the CO 19A nest for the nesting seasons since 2019/20.Great horned owls were observed using nest CO-19B during both the 20/21 and 21/22 seasons. CO-19B was blown out of the tree during Hurricane Ian in September 2022 and has not been rebuilt. The nests were permitted to be taken via a Biological Opinion initially issued in 2004 and subsequently modified later in 2004 (for the original nest (CO-19) location), 2006 (after the eagles built CO-19A) and 2007. The authorization to allow take of the nest was then continued via a transitional permit (MB 196606-0) in 2008. The area and trees around the CO-19B nest tree is being preserved under the modified design even though active nesting has not occurred at that site since the nest was constructed. Three of the buildings have been constructed while the fourth is substantially complete and the fifth will soon be under construction. All construction to date has been accomplished per the terms and conditions as outlined in the BO and authorized under the transitional permit. The new nest(CO-19B) on the east side of Vanderbilt Drive is not included in any of the take authorizations that have been issued to date on the subject property.This nest site is located in an area that is currently approved to be cleared for the golf course. The course is being modified to try and avoid the nest tree as much as possible even though the eagles have never used this nest. It was co-opted by great horned owls immediately after it was constructed. The work proposed to construct the golf course will encroach within the 330 and 660 foot buffer zones around the nest tree but since the nest is no longer present,additional permitting is not required. Annual monitoring has been and will continue to be conducted to document any usage or new nesting. If a new nest is constructed, then a new or amended eagle permit will be required and will be coordinated with USFWS. 3.1.2 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 white. Juveniles are brown-black and fully developed with a 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 Page 49 of 56 Words underlined are additions;words struckh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 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 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 Florida's eagle pairs are year round residents while the young are migratory. In addition to the 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 available in the vicinity and how well the bird can see it,thus perch sites are typically trees bordered by an open area such as river or lake banks. As a top predator eagles are vulnerable to the build up of contaminants in the food chain. Population size was severely affected by the use of the pesticide DDT(now banned), which reduced reproductive success by thinning eggshells; lead and mercury poisoning are on-going concerns. Multiple disturbances by humans of nesting birds has been shown to lead ultimately to nest abandonment. Spatial and temporal isolation from the nest site and feeding areas are components of species management plans. Given the general requirements for the ecological success of the eagle,an overview of how development on the project site will allow continued habitation is provided below. 3.1.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of 5 high-rise residential towers with clubhouse and recreational amenities, and a golf course with associated clubhouse, maintenance, and stormwater components. The high-rise buildings were originally permitted as 4-20 story buildings, and 1 - 17 story building. One component of the current plan is to amend the building heights to all 5 as 20 story buildings. The parking and staging for the construction of building 5 is on the east side of Vanderbilt Drive and is within the 660 foot buffer around the CO-19B nest tree. The current golf course approvals would directly impact the CO-19B nest tree, so the golf course is being modified to avoid the nest tree and adjacent potential perches. However, the updated design of the course still falls within the 330 foot buffer.The updated layout for the course has the fairway for one of the holes located Page 50 of 56 Words underlined are additions;words struck throthreugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx approximately 35 feet from the nest tree. It is not possible to shift the hole further away due to the existing conservation easements and wetland preserve that are already in place as a result of the original permitting. As stated though, with no nest present, monitoring or additional permitting is not required unless the eagles re-establish a nest in the tree. If a new nest is constructed prior to the completion of construction activities,then a new or amended bald eagle permit will be required. The main foraging area for the eagles is the Wiggins Pass estuarine system, which is designated as Outstanding Florida Waters,220 acres of which has been protected by the project via conservation easements to the South Florida Water Management District, US Army Corps of Engineers, and Collier County,preserving this habitat in perpetuity. Approximately 90 acres of which were purchased as mitigation for the incidental take permit which was issued for the project. The National Bald Eagle Management Guidelines (2007) recommend the establishment of a single buffer zone 660 feet or less from the nest, depending on the presence or absence of existing activities (of"similar scope") and the visibility of the activity from the nest. To avoid disturbing nesting bald eagles, FWS recommends: • Keeping a distance between the activity and the nest(distance buffers), • Maintaining forested (or natural) areas between the activity and around nest trees (landscape buffers), and • Avoiding certain activities during the breeding season. The buffer areas serve to minimize visual and auditory impacts associated with human activities near nest sites. Ideally, buffers would be large enough to protect existing nest trees and provide for alternative or replacement nest trees. The CO-19A nest location is approximately 112 feet from the closest permitted high rise building and approximately 60 feet from the clearing limits. The CO-19B nest location is approximately 570 feet from Vanderbilt Drive and 436 feet from the bypass which will be used as parking and staging during the Building 5 construction. Under the proposedproject amendments,nothing would change with respect to the proximity of structures or clearing around nest CO-19A, though Building 5 would increase from 17 stories to 20 stories in height. Nest CO-19B was constructed within the permitted development footprint for the golf course. As a result of this new nest location,the golf course holes and lake area around the nest tree have been amended to avoid the nest tree and leave some of the potential perch trees in place to accommodate a nest if the eagles decide to rebuild one in this location in the future. Page 51 of 56 Words underlined are additions;words struckthrough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx The owners of the property are aware of the CO-19B nest location and are aware that the golf course and Building 5 staging areas may be subject to additional restrictions depending on whether or not a new nest is re-constructed in the future. Based on the monitoring efforts undertaken since CO-19B was constructed, there has been no successful eagle use of the nest. Great horned owls took the nest over immediately after construction and have used it successfully during the ensuing nesting seasons until September 2022 when the nest was destroyed by Hurricane Ian. Even though eagle nesting has not been documented at this site, the project proposes ongoing monitoring to document if new nest construction is initiated as well as the following to minimize the chance of disturbance of the eagles should they rebuild the nest in the future. • All clearing and earthwork (including lake excavation) within the 660 foot buffer zone will be done between May 16 and September 30 (outside of the eagle nesting season). • Construction will be scheduled so that work further from the nest will occur before construction closer to the nest. • All exterior lighting will be shielded so that lights do not shine directly towards the nest. • A visual buffer between the staging and parking activities for building 5 and the nest will be enhanced with opaque fencing as well as by planting native pines and hardwoods within the landscape buffer area. • A no-entry buffer zone will be established around the nest tree to keep golfers and maintenance equipment away from the tree during nesting season. • Monitoring of the nest will be undertaken during initial maintenance activities to determine if golf course maintenance (mowing) disturbs the nesting and chick rearing of the eagles. Limits to maintenance activities with respect to day of the week, times of day, and activities allowed during nesting season will be assessed regularly and amended as needed to minimize disturbance to any nesting eagles. As mentioned previously, the new nest location is right in the middle of the previously approved golf course plan. There is no way to reconfigure the golf course to avoid the 330 foot buffer, much less the 660 foot buffer. If a new nest is rebuilt in the same area, the incidental take permit with FWS will have to be amended to allow for the golf course construction to be undertaken. Page 52 of 56 Words underlined are additions;words s'-- through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx ROVE/LL WM NOI1V0O1 DAP MI 3'7,13S3ad'300V 6'LL6611 16 -6'LL6ad W \A)" I p'2 PR I' A n m o��gW 3�10 — j y Y'y '. 111 i 5 p .. 1L. .... r �" NE weFt . ' . o AI 41.71 VJ y7r ITN E. 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''' .; i , -1.f: - ._ V Page 54 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx ZZOZRO/OL.31E1815314153M Ory'ZZ0Z-01-310V3 8 LL88IISINX3LL3311SkOVONs'O Pp a1,SUf1-8'LLBdA , 1` `1I fJ� � Io I I jilt O z 1 o U'exe?- x T.+ 211 g p, q yr o -v is: /... N 11 / / \ z /(r — „,\,,, C (4 / \77il ( m r1 c ,` ''Z' / t A. (I* - IT" 0 I I "ILIA ,N : ch A Ns . 7,i / En ,* -; '' ''''' .. 1 iloot - / ni,� '�'Ili, ,. — _ -ti7 . i','4 0 *„. uke)irie, •...._......,. ,e,.c e.",2, , :-:::: lid — - A"lii1/424 V 11111 SNIP ! lust ,...06,"' __ 1 000000 — - �ti u i _Ir. i ' I I: NMI -I- 1 '. : _[23 0 — 1 _ r' I 1' �- o Coll �� �� 1 I I , : : Page 55 of 56 Words underlined are additions;words struck-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx ZZOV.0,Stl310S 153N 15096W1,ZZOZ-04-310V3 o'14Ed1161HX3LL33HS\W3Y.noo.o.Mrs6M-8440a:d 14,11 'N Fl 1 EL—tj ‘:?)! i 1 C $ vim ` r 7 if [N _ A .;.-T,,k.- - , __ ______-, le_ p' t. — — > > �.•— J3". t� ��as .us.a�.ar ��aiaa- -Y� .• L- SNOO NOd ONIN Vd OMd ONIOVIS • 1_ is c2�,. \\ l `ems 4/ -----------:-N ri iLit::::-N.:y - ,.\\ :1'1 _ i t:., --") ..., D \ \ 0-C ..P.\ , ✓ / I i , f sc \ ,,Sf"- Ilc.- ift., , 0 •. _ ; sCA YI • ♦ � , co 0zm ... " 441 ale Ocn � / 0 i ` w r / OPI/_*2(q * ) 411 �� "` g° Din ea -. 4 1 :;rs.0 ' I tL\- / : I H trk '/ f i P 40> ' II -�4,r■.r- _�%, A \ A 1 .j 1 7.1111.7.. ........ . N'-:. . Or ----- Li- -.-,.,,, l 10 • -r- OF• 4-. , ix- .,1.,ir ------,,i 0, N,1,lf- -'' A. / C� — ' Page 56 of 56 Words underlined are additions;words Duel gh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx Jennifer Hansen From: Jennifer Hansen Sent: Monday, September 11, 2023 11:22 AM To: Naples Daily News Legals Cc: Minutes and Records Subject: COCOHATCHEE BAY (PUDA) (PL20220001142) Attachments: COCOHATCHEE BAY (PUDA) (PL20220001142).pdf; PL20220001142 COCOHATCHEE BAY (PUDA).docx; PL20220001142 COCOHATCHEE BAY (PUDA)..docx Good afternoon The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Thank you, Jennifer Hansen BMR&VAB Deputy Clerk (0% Office: 239-252-8406 •E` Fax: 239-252-8408 • �A '° E-mail: iennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court �" & Comptroller of Collier County 3299 Tamiami Trail E, Suite#401 �t'F�Cot.Ti'i'Y � Naples, FL 34112 www.CollierClerk.com i NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)at 9:00 A.M. on October 10, 2023, in the Board of County Commissioners meeting room, third floor, Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600, CHANGING THE PERMITTED USES IN THE GOLF COURSE (GC)DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS AND ADD ESSENTIAL SERVICES IN ADDITION TO GOLF COURSE USES; INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES AND 175 FEET FOR BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO MATCH THE MAXIMUM ZONED HEIGHT OF THE OTHER FOUR BUILDINGS OF 200 FEET; ADDING DEVELOPMENT STANDARDS FOR THE ESSENTIAL SERVICES USE IN THE GOLF COURSE (GC) DISTRICT; AMENDING THE MASTER PLAN TO REVISE ACCESS POINTS; ESTABLISHING A NEW EAGLE MANAGEMENT PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,CONSISTING OF 532.09+ACRES. [PL20220001142] (insert map) A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three(3)minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT& COMPTROLLER By: Jennifer Hansen, Deputy Clerk (SEAL) . , eill) oCI) .11:1 Mil rii) o. i m s o C 3 - I .. _____ ._..... I i f� , Vanderbilt DR j MA rnMa 1. 11 � Tam iam i TRL N ` y � a Th 1 "w" f i t t i •�,a}.,{ �� ' I 7� L -� -� 7� ye Li 1 � M • NDN Acct #323534 September 11, 2023 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PL20220001142 COCOHATCHEE BAY (PUDA). Dear Legal: Please advertise the above referenced Notice on Wednesday, September 20, 2023, and send the affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Jennifer Hansen, Deputy Clerk P.O. #4500220085 Jennifer Hansen From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Monday, September 11, 2023 11:22 AM To: Jennifer Hansen Subject: DO NOT REPLY External Message: Please use caution when opening attachments,clicking links, or replying to this message. This is an auto generated email, please do not reply. The legal department has received your email and will be processing your notice as soon as possible. We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department 1 Jennifer Hansen From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Monday, September 11, 2023 11:38 AM To: Jennifer Hansen Subject: RE: 03197455 COCOHATCHEE BAY (PUDA) (PL20220001142) Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Received and processing — please wait for proof Thanks! Public Notices Team Loca I i Q I NUSA ETWORK Y Office: 844-254-5287 From:Jennifer Hansen <jennifer.hansen@collierclerk.com> Sent: Monday, September 11, 2023 10:22 AM To: NDN-Legals<legals@naplesnews.com> Cc: Minutes and Records<MinutesandRecords@collierclerk.com> Subject:03197455 COCOHATCHEE BAY(PUDA) (PL20220001142) Good afternoon The advertisement must be a 1/4 page advertisement, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement MUST NOT BE placed in that portion of the newspaper where classified advertisements appear. Thank you, 1 Jennifer Hansen From: Calago, Mark <MCalago@gannett.com> Sent: Thursday, September 14, 2023 2:36 PM To: Jennifer Hansen Cc: Gannett Legals Public Notices 4 Subject: Order# GC11104840 I Creative Review for Naples Daily News Attachments: ND-GCI1104840-01 (proof).pdf Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good afternoon, Jennifer— Iwork with the Legal Department for the Naples Daily News and have your creative attached and ready for your review. Please note, our final deadline for creative approval is on 9/17/2023 at 3:00 PM EST. Please let me know if you'd like any updates to your ad or if this is approved for publication. Corrections should be submitted an hour before the deadline so we can cater for the changes needed. We are strict with deadlines, so we need to approve the ad before the specific deadline given to make sure the ad reaches the press. Order Details are noted below for your records: Order#GC11104840 1 Material #GC11104840-01 Publication = Naples Daily News Section = Main/ROP Run Dates = 9/20 Ad Size = 1/4 page (3 col. x 10") Total Cost = $1,008.00 Please also click 'reply all' when responding to this email. Thank you, Mark Calago (he/him) Account Coordinator SMB-Legals Loca I i Q I •NETWORK Y mcalago@localiq.com Seize your potential at LocaliQ.com i NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners(BCC)at 9:00 A.M. on October 10,2023,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NUMBER 2000-88,THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT,AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9,2008,BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600,CHANGING THE PERMITTED USES IN THE GOLF COURSE(GC)DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS AND ADD ESSENTIAL SERVICES IN ADDITION TO GOLF COURSE USES;INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES AND 175 FEET FOR BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO MATCH THE MAXIMUM ZONED HEIGHT OF THE OTHER FOUR BUILDINGS OF 200 FEET;ADDING DEVELOPMENT STANDARDS FOR THE ESSENTIAL SERVICES USE IN THE GOLF COURSE(GC)DISTRICT;AMENDING THE MASTER PLAN TO REVISE ACCESS POINTS;ESTABLISHING A NEW EAGLE MANAGEMENT PLAN;AND BY PROVIDING AN EFFECTIVE DATE.THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8,16,17 AND 20,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 532.09±ACRES.[PL20220001142] 41/. Project 0 Location Wiggins PassRD z J cc d E C � l9 N 111th AVEN 1 ] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item.Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/ our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By:Jennifer Hansen, Deputy Clerk ND-GCI7104840-01 Jennifer Hansen From: Jennifer Hansen on behalf of Minutes and Records Sent: Thursday, September 14, 2023 2:45 PM To: 'Bob Mulhere'; PadronAilyn; Minutes and Records Cc: bellows_r; LauraDeJohnVEN; Ellen Summers; RodriguezWanda; BradleyNancy; GMDZoningDivisionAds; Ellen Summers Subject: RE: 10/10 BCC- Ad Request for COCOHATCHEE BAY (PUDA) (PL20220001142) Attachments: ND-GCI1104840-01 (proof).pdf Good afternoon Attached is the Ad proof for your approval. Below are the estimated costs: Order#GCI1104840 I Material # GC11104840-01 Publication = Naples Daily News Section = Main/ROP Run Dates = 9/20 Ad Size = 1/4 page (3 col. x 10") Total Cost = $1,008.00 Thank you Jennifer Hansen BMR &VAB Deputy Clerk c yr cou,o, Office: 239-252-8406 Fax: 239-252-8408 E-mail: iennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court * & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 `b`�" �` Naples, FL 34112 www.CollierClerk.com From: Bob Mulhere<BobMulhere@hmeng.com> Sent: Monday, September 11, 2023 10:50 AM To: PadronAilyn <Ailyn.Padron@colliercountyfl.gov>; Minutes and Records<MinutesandRecords@collierclerk.com> Cc: bellows_r<Ray.Bellows@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Ellen Summers <EllenSummers@hmeng.com>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy <Nancy.Bradley@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; Ellen 1 Jennifer Hansen From: Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Sent: Thursday, September 14, 2023 4:05 PM To: Minutes and Records; Jennifer Hansen Cc: bellows_r; LauraDeJohnVEN; Bob Mulhere; Ellen Summers; RodriguezWanda; BradleyNancy; GMDZoningDivisionAds; Ellen Summers Subject: RE: 10/10 BCC- Ad Request for COCOHATCHEE BAY (PUDA) (PL20220001142) Attachments: RE: 10/10 BCC- Ad Request for COCOHATCHEE BAY (PUDA) (PL20220001142); RE: 10/10 BCC- Ad Request for COCOHATCHEE BAY (PUDA) (PL20220001142) Good afternoon, This ad has been approved. Thank you! Respectfully, Ailyn Padron Management Analyst I Co#er County Growth Management Community Development Department Qperatb0ns&Regulatory Maneyen ent LImuan 2800 North Horseshoe Dr. Naples Florida 34104 Phone:239-252-2400 How are we doing? The Operations & Regulatory Management Division wants to hear from you! Please take our online SURVEY We appreciate your feedback! From:Jennifer Hansen <jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records Sent:Thursday, September 14, 2023 2:45 PM To: 'Bob Mulhere' <BobMulhere@hmeng.com>; Ailyn Padron<Ailyn.Padron@colliercountyfl.gov>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: Ray Bellows<Ray.Bellows@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Ellen Summers<EllenSummers@hmeng.com>; Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Bradley <Nancy.Bradley@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; Ellen Summers<EllenSummers@hmeng.com> Subject: RE: 10/10 BCC-Ad Request for COCOHATCHEE BAY(PUDA) (PL20220001142) 1 Jennifer Hansen From: Ellen Summers <EllenSummers@hmeng.com> Sent: Thursday, September 14, 2023 4:03 PM To: Minutes and Records; Bob Mulhere; PadronAilyn Cc: bellows_r; LauraDeJohnVEN; RodriguezWanda; BradleyNancy; GMDZoningDivisionAds; Stephanie Karol Subject: RE: 10/10 BCC- Ad Request for COCOHATCHEE BAY (PUDA) (PL20220001142) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Approved. ELLEN SUMMERS, AICP Planner III I Hole Montes, a BOWMAN company 950 Encore Way, Naples, FL 34110 0:(239)254-2000 I D: (239) 254-2016 esummers@bowman.com I bowman.com From:Jennifer Hansen <jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records Sent:Thursday, September 14, 2023 2:45 PM To: Bob Mulhere<BobMulhere@hmeng.com>; PadronAilyn <Ailyn.Padron@colliercountyfl.gov>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: bellows_r<Ray.Bellows@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Ellen Summers <EllenSummers@hmeng.com>; RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; BradleyNancy <Nancy.Bradley@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; Ellen Summers<EllenSummers@hmeng.com> Subject: RE: 10/10 BCC-Ad Request for COCOHATCHEE BAY(PUDA) (PL20220001142) You don't often get email from minutesandrecordsPcollierclerk.com.Learn why this is important Good afternoon Attached is the Ad proof for your approval. Below are the estimated costs: Order#GCI1104840 I Material # GC11104840-01 Publication = Naples Daily News Section = Main/ROP Run Dates = 9/20 Ad Size = 1/4 page (3 col. x 10") Total Cost = $1,008.00 Thank you i Jennifer Hansen From: LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov> Sent: Thursday, September 14, 2023 3:34 PM To: Minutes and Records; 'Bob Mulhere'; PadronAilyn Cc: bellows_r; Ellen Summers; RodriguezWanda; BradleyNancy; GMDZoningDivisionAds; Ellen Summers Subject: RE: 10/10 BCC- Ad Request for COCOHATCHEE BAY (PUDA) (PL20220001142) Approved. Laura DeJohn, AICP Collier County Growth Management Department Zoning Services (Vendor) 2800 North Horseshoe Drive Naples, FL 34104 Desk: (239) 252-5587 laura.dejohn@colliercountyfl.gov From:Jennifer Hansen <jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records Sent:Thursday, September 14, 2023 2:45 PM To: 'Bob Mulhere' <BobMulhere@hmeng.com>; Ailyn Padron <Ailyn.Padron@colliercountyfl.gov>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: Ray Bellows<Ray.Bellows@colliercountyfl.gov>; LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov>; Ellen Summers<EllenSummers@hmeng.com>; Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Nancy Bradley <Nancy.Bradley@colliercountyfl.gov>; GMDZoningDivisionAds<GMDZoningDivisionAds@colliercountyfl.gov>; Ellen Summers<EllenSummers@hmeng.com> Subject: RE: 10/10 BCC-Ad Request for COCOHATCHEE BAY(PUDA) (PL20220001142) EXTERNAL EMAIL:This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon Attached is the Ad proof for your approval. Below are the estimated costs: Order#GCI1104840 I Material # GC11104840-01 Publication = Naples Daily News Section = Main/ROP Run Dates = 9/20 Ad Size = 1/4 page (3 col. x 10") Jennifer Hansen From: Jennifer Hansen Sent: Thursday, September 14, 2023 4:19 PM To: 'Calago, Mark' Cc: Gannett Legals Public Notices 4 Subject: RE: Order# GC11104840 I Creative Review for Naples Daily News Good day Mark, This Ad has been approved! Thank you, Jennifer Hansen BMR&VAB Deputy Clerk II CO(Rt. Office: 239-252-8406 ° Fax: 239-252-8408 e. E-mail: jennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County �����, 3299 Tamiami Trail E, Suite #401 co,�`� �, Naples, FL 34112 www.CollierClerk.com From:Calago, Mark<MCalago@gannett.com> Sent:Thursday,September 14, 2023 2:36 PM To:Jennifer Hansen <jennifer.hansen@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: Order#GC11104840 I Creative Review for Naples Daily News Importance: High Please use caution when opening attachments, clicking links, or replying to this message. Good afternoon, Jennifer— I work with the Legal Department for the Naples Daily News and have your creative attached and ready for your review. Please note, our final deadline for creative approval is on 9/17/2023 at 3:00 PM EST. Please let me know if you'd like any updates to your ad or if this is approved for publication. Corrections should be submitted an hour before the deadline so we can cater for the changes needed. We are strict with i Jennifer Hansen From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, September 14, 2023 4:48 PM To: Minutes and Records; Jennifer Hansen Cc: PadronAilyn; GMDZoningDivisionAds; LauraDeJohnVEN Subject: proof correction and approval - COCOHATCHEE BAY (PUDA) (PL20220001142) 10/10 BCC Attachments: ND-GCI1104840-01 (proof).pdf; RE: 10/10 BCC- Ad Request for COCOHATCHEE BAY (PUDA) (PL20220001142) Jennifer, The punctuation mark after "600" should be a semicolon, not a comma: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDIN 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMEr DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600, PERMITTED USES IN THE GOLF COURSE (GC) DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS AND I SERVICES IN ADDITION TO GOLF COURSE USES; INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES ANI BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO MATCH THE MAXIMUM ZONED OTHER FOUR BUILDINGS OF 200 FEET; ADDING DEVELOPMENT STANDARDS FOR THE ESSENTIAL SERVICES U: COURSE (GC) DISTRICT;AMENDING THE MASTER PLAN TO REVISE ACCESS POINTS;ESTABLISHING A NEW EAGLE PLAN;AND BY PROVIDING AN EFFECTIVE DATE.THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEA: WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17 AND 20,TOWNSHIP 48 SOUTH, RANGE 25 COUNTY, FLORIDA, CONSISTING OF 532.09+ ACRES. [PL20220001142] Please ask NDN to make this correction. The ad is otherwise approved by staff, applicant, and CAO, and we do not need to see another proof. Thank you, "Wanda Rodriguez, ACT, CP.M Office of the County .Attorney (239) 252-8400 O AI 41 an) 3-cz �-jrj-j MOI'��TSERVIIG p. A C COUNTY program WWYI SINCE Cercifed Public Manager p NALA 2005 From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Sent:Thursday, September 14, 2023 3:48 PM To: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Derek Perry<Derek.Perry@colliercountyfl.gov>; Nancy Bradley<Nancy.Bradley@colliercountyfl.gov>; Kathynell 1 Jennifer Hansen From: Jennifer Hansen Sent: Friday, September 15, 2023 8:10 AM To: 'Calago, Mark' Cc: Gannett Legals Public Notices 4 Subject: RE: Order# GC11104840 I Creative Review for Naples Daily News Good morning Can we just make one small change to this ad? Then it is approved. The punctuation mark after hL600A should be a semicolon, not a comma: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDI 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEME DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600, PERMITTED USES IN THE GOLF COURSE (GC) DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS AND SERVICES IN ADDITION TO GOLF COURSE USES; INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES AF BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO MATCH THE MAXIMUM ZONE( OTHER FOUR BUILDINGS OF 200 FEET; ADDING DEVELOPMENT STANDARDS FOR THE ESSENTIAL SERVICES U COURSE (GC) DISTRICT;AMENDING THE MASTER PLAN TO REVISE ACCESS POINTS; ESTABLISHING A NEW EAGL PLAN;AND BY PROVIDING AN EFFECTIVE DATE.THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHER WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 1 6, 17 AND 20,TOWNSHIP 48 SOUTH, RANGE 2 COUNTY, FLORIDA,CONSISTING OF 532.09±ACRES. [PL20220001142] Thank you! Jennifer Hansen BMR&VAB Deputy Clerk `sorcoUR74 Office: 239-252-8406 caw 0,,� Fax: 239-252-8408 E-mail: iennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court * * & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 <��`"` � Naples, FL 34112 www.CollierClerk.com From: Calago, Mark<MCalago@gannett.com> Sent:Thursday, September 14, 2023 4:33 PM To:Jennifer Hansen <jennifer.hansen@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: Re: Order#GC11104840 I Creative Review for Naples Daily News Importance: High 1 Jennifer Hansen From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Friday, September 15, 2023 8:11 AM To: Jennifer Hansen Subject: DO NOT REPLY External Message: Please use caution when opening attachments, clicking links, or replying to this message. This is an auto generated email, please do not reply. The legal department has received your email and will be processing your notice as soon as possible. We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department i Jennifer Hansen From: Calago, Mark <MCalago@gannett.com> Sent: Friday, September 15, 2023 10:04 AM To: Jennifer Hansen Cc: Gannett Legals Public Notices 4 Subject: Re: Order# GC11104840 I Creative Review for Naples Daily News Attachments: ND-GC11104840-01 rev.pdf Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, Jennifer— Attached are the latest revisions with the changes applied. Please let me know if you'd like any updates to your ad or if this is approved for publication. Corrections should be submitted an hour before the deadline so we can cater for the changes needed. We are strict with deadlines, so we need to approve the ad before the specific deadline given to make sure the ad reaches the press. Thank you, Mark Calago (he/him) Account Coordinator SMB-Legals * LocaliQ I O NETWORK mcalago@localiq.com Seize your potential at LocaliQ.com From:Jennifer Hansen<jennifer.hansen@collierclerk.com> Sent: Friday, September 15, 2023 8:10 AM To: Calago, Mark<MCalago@gannett.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: RE: Order#GC11104840 1 Creative Review for Naples Daily News Good morning Can we just make one small change to this ad? Then it is approved. 1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners(BCC)at 9:00 A.M. on October 10,2023,in the Board of County Commissioners meeting room,third floor,Collier Government Center,3299 East Tamiami Trail,Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NUMBER 2000-88,THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT,AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9,2008,BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600;CHANGING THE PERMITTED USES IN THE GOLF COURSE(GC)DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS AND ADD ESSENTIAL SERVICES IN ADDITION TO GOLF COURSE USES;INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES AND 175 FEET FOR BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO MATCH THE MAXIMUM ZONED HEIGHT OF THE OTHER FOUR BUILDINGS OF 200 FEET;ADDING DEVELOPMENT STANDARDS FOR THE ESSENTIAL SERVICES USE IN THE GOLF COURSE(GC)DISTRICT;AMENDING THE MASTER PLAN TO REVISE ACCESS POINTS;ESTABLISHING A NEW EAGLE MANAGEMENT PLAN;AND BY PROVIDING AN EFFECTIVE DATE.THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8,16,17 AND 20,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 532.09±ACRES.[PL20220001142] �a Project Location Wiggins PassRD r z au I- E > .03 111th e 1 AVE N � t A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item.Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/ our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By:Jennifer Hansen, Deputy Clerk ND-GC11104840-01 Jennifer Hansen From: Jennifer Hansen Sent: Friday, September 15, 2023 10:06 AM To: 'Calago, Mark' Cc: Gannett Legals Public Notices 4 Subject: RE: Order# GC11104840 I Creative Review for Naples Daily News HI Mark, Perfect11111111 Thank you so much! Jennifer Hansen BMR&VAB Deputy Clerk GEC\i11'cot . Office: 239-252-8406 Fax: 239-252-8408 E-mail: iennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court * & Comptroller of Collier County %<<,l�rY�����° 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com From: Calago, Mark<MCalago@gannett.com> Sent: Friday, September 15, 2023 10:04 AM To:Jennifer Hansen <jennifer.hansen@collierclerk.com> Cc: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Subject: Re: Order#GC11104840 I Creative Review for Naples Daily News Importance: High External Message: Please use caution when opening attachments, clicking links, or replying to this message. Good morning, Jennifer— Attached are the latest revisions with the changes applied. Please let me know if you'd like any updates to your ad or if this is approved for publication. Corrections should be submitted an hour before the deadline so we can cater for the changes needed. We are strict with deadlines, so we need to approve the ad before the specific deadline given to make sure the ad reaches the i NapIrs Battu i.ewsIaiL PART OF THE USA TODAY NETWORK Published Daily Naples,FL 34110 BCC ZONING DEPT 3299 TAMIAMI TRL E#700 NAPLES, FL 34112 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Naples Daily News, published in Collier County, Florida; that the attached copy of advertisement, being a PUBLIC NOTICE, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: Issue(s)dated: 9/20/2023 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally Known to me, on September 20th, 2023: 40titt Notary, State of WI, County of Brown My commission expires: KATHLEEN P ALLEN Notary State of Wisconsin Publication Cost:$1,008.00 Ad No:GCI1104840 Customer No:505868 PO#:COCOHATCHEE BAY PUDA PL20220001142 - DISPLAY ADS 3X10 #of Affidavits: 1 This is not an invoice ..... ... .. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners(BCC)at 9:00 A.M. on October 10,2023,in the Board of County Commissioners meeting room.third fluor.Collier Government Center,3299 East Tainiaini Trail,Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NUMBER 2000-88,THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT,AS AMENDED BY SETTLEMENT AGREEMENT . DATED JUNE 9,2008,BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600;CHANGING THE PERMITTED USES IN THE GOLF COURSE(GC)DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS AND ADD ESSENTIAL SERVICES IN ADDITION TO GOLF COURSE USES;INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES AND 175 FEET FOR BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO MATCH THE MAXIMUM ZONED HEIGHT OF THE OTHER FOUR BUILDINGS OF 200 FEET;ADDING DEVELOPMENT STANDARDS FOR THE ESSENTIAL SERVICES USE IN THE GOLF COURSE(GC)DISTRICT;AMENDING THE MASTER PLAN TO REVISE ACCESS POINTS;ESTABLISHING A NEW EAGLE MANAGEMENT PLAN;AND BY PROVIDING AN EFFECTIVE DATE.THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8,1 6,17 AND 20,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA,CONSISTING OF 532.09+ACRES.[PL20220001142) 11 a* �a Project ° Location Wiggins PassRD IY z d E ttT 111th ©. 1 AVE N Ty A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any Item.The selection of any individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted ten(10)minutes to speak on an item.Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.AN materals used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement.the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountytl.gov/ our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues For additional information about the meeting,please call Geoffrey Wittig at 252-8369 or email to Geoffrey.Willig@calliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance.Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112-5356,(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA RICK LOCASTRO, CHAIRMAN CRYSTAL K.KINZEL, CLERK OF THE CIRCUIT COURT&COMPTROLLER By:Jennifer Hansen, Deputy Clerk Nn'Gcn 104*4o,m ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than NIonday preceding the Board meeting. **NEW** ROUTING SLIP Complete muting lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the :xception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and f,rward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date . 2. 3 County Attorney Office County Attorney Office 1—t( f (0 -' Z 4. BCC Office Board of County ,I 10,J1.13 Commissioners 5. Minutes and Records Clerk of Court's Office F1O_1 —PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information Name of Primary Staff Ray Bellows,Laura DeJohn Phone Number 239-252-2463 Contact/ Department GMD Agenda Date Item was October 10,2023 Agenda Item Number 9A Approved by the BCC "Type of Document Ordinance Number of Original Attached Documents Attached ccount number or is x^ " — Lit/ number if document is U`�,//—,//� to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A'' :he Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? LD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be LD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LD document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LD should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10-10-23 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 11 c-4.k.c i /fit C1-.c'"+ 9. Initials of attorney verifying that the attached document is the version approved by the / w, BCC,all changes directed by the BCC have been made,and the document is ready for the (•�` Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 9A re ORDINANCE NO. 2023- 4 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600; CHANGING THE PERMITTED USES IN THE GOLF COURSE (GC) DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS AND ADD ESSENTIAL SERVICES IN ADDITION TO GOLF COURSE USES; INCREASING THE ZONED HEIGHT LIMITATION OF 17 STORIES AND 175 FEET FOR BUILDING FIVE ON THE NORTH PROPERTY LINE ADJACENT TO ARBOR TRACE TO A MAXIMUM ZONED HEIGHT OF 220 FEET AND A MAXIMUM ACTUAL HEIGHT OF 270 FEET; ADDING DEVELOPMENT STANDARDS FOR THE ESSENTIAL SERVICES USE IN THE GOLF COURSE (GC) DISTRICT; AMENDING THE MASTER PLAN TO REVISE ACCESS POINTS; ESTABLISHING A NEW EAGLE MANAGEMENT PLAN; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 532.09± ACRES. IPL202200011421 WHEREAS, Lodge/Abbott Associates LLC and Lodge/Abbott Investments Associates, LLC, represented by Richard Yovanovich, Esq. of Yovanovich, Coleman & Koester, PA, and Robert J. Mulhere, FAICP of Hole Montes, Inc. and Karen Bishop of PMS Inc. of Naples, petitioned the Board of County Commissioners to amend the RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to PUD Document. The PUD Document attached to Ordinance No. 2000-88, as amended by Settlement Agreement, is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. 122-CPS-02233/1820938/1]257 Cocohatchee Bay 1 PI.20220001142 Page 1 of 2 10/10/23 9A al SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County -70 Commissioners of Collier County, Florida,this J (, day of C ,2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K, KINZEL,CLERK COLLIER COUNTY,FLORIDA By: By: /2/ ' Attest as a ChairmlAuty Clerk Rick LoCastro, Chairman IL__ signature only Approved as to form and legality: �L Y° /( • 0., uk I leidi Ashton-ricko Managing Assistant County Attorney Attachment: Exhibit A -PUD Document This ordinarice fiikd with the Secretary of State,'s Office th I./ day of 2:19_2— and acknowledgement >f that filing received IH;s _L dray of OGi' --, -20 f3yw— tlapVty Chr,k (22-CPS-02233/1820938/1125 7 Cocohatchee Bay\PL20220001142 Page 2 of 2 10/10/23 9A COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING AMENDED MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: VANDERBILT PARTNERS II,LTD PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SUITE 408 NAPLES,FL 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC 12/11/00 ORDINANCE NUMBER 2000 88 AMENDMENTS AND REPEAL DOCUMENT DATE 12/11/00 SETTLEMENT AGREEMENT AND RELEASE DATED 2008 Page 1 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A TABLE OF CONTENTS INDEX PAGE List of Exhibits and Tables II Statement of Compliance III SECTION I Property Ownership, Legal Description and Short Title -146 SECTION II Project Development 2413 SECTION III Residential Development Areas 33419 SECTION IV Golf Course/Open Space 4422 SECTION V Preserve District 5426 SECTION VI General Development Commitments 6429 I Page 2 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A LIST OF EXHIBITS AND TABLES EXHIBIT "A" Amended Planned Unit Development Master Plan EXHIBIT"B" Cocohatchee Bay PUD Amended Bald Eagle Management Plan EXHIBIT"C" Settlement Agreement and Release TABLE I Land Use Summary TABLE II Development Standards for"R"District TABLE III Development Standards for"GC" DistrictSingle Family II Page 3 of 56 Words underlined are additions;words struck through are deletions 14:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A SIM STATEMENT OF COMPLIANCE The development of approximately 532.09±acres of property in Collier County as a Planned Unit Development(PUD)to be known as Cocohatchee 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. Cocohatchee Bay is a mixed use residential golf course community and will be consistent with 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 Cocohatchee Bay Project are adequate. The Cocohatchee 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 Cocohatchee 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 low- rise residential development and high-rise multi-family development. 3. The subject property's location in relation to existing or proposed community facilities and services permits the Development's residential density as described in Objective 2 of the Future Land Use Element. 4. The project Development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. The property was down-zoned during the Zoning Re-evaluation Process which resulted in an action establishing several zoning districts and densities: Parcel 1 11.19 acres RSF-3st = 33.57 units Parcel 5 161.63 acres RSF-4 = 646.52 units Parcel 6 13.15 acres RSF-4(3) = 39.45 units Parcel 7 69.61 acres RSF-3st(3) = 208.83 units RSF-3(3) RMF-6(3) RMF-6st(3) Parcel 8 194.60 acres RMF-12(3) = 583.80 units RMF-12st(3) Parcel 9 1.26 acres RMF-12st(3) = 3.78 units Parcel 10 80.65 acres RMF-12st(3) = 241.95 units RMF-6st(3) TOTAL 532.09 acres = 1757.90 or 1758 units III Page 4 of 56 Words underlined are additions, words struck ough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A The PUD will utilize a total of 590600 units on 532.09 ± acres for a gross density of 4,141.13 dwellings per acre. This 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 Element. 7. 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. 8. The project Development is planned to protect the functioning of natural 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. All final local development orders for this Project are subject to the Collier County Land Development Code (LDC). 10. This PUD Amendment is hereby made pursuant to a Settlement Agreement and Release, recorded in OR Book 4368 page 2345 eq seq. as amended by First Amendment to Settlement Agreement recorded in OR Book page 417,a copy which is attached hereto as Exhibit "C" and which terms and conditions re hereby deemed to be incorporated herein by reference as if fully set forth herein. If any terms between thisthe 2008 PUD Amendment and the Settlement Agreemen and Release are in conflict, the Settlement Agreement and Release will control. 6297 Iv Page 5 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A 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 condition of the property proposed to be developed under the project name of COCHATCHEE BAY. 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24'40"W. (SHOWN IN ERROR AS S.88°26'40"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 484; HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01 FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22°31'00"W., (SHOWN IN ERROR AS N.22°30'00"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 INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00"E., FOR 815.68 FEET,TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'l0"E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR Page 6 of 56 Words underlined are additions;words struck hreug#are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 5 THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLIER COUNTY,FLORIDA,EXCEPTING THEREFROM THE RIGHT-OF- WAY FOR STATE ROADS S-865A(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 NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°54'20"W., ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.01°30'05"E., 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.30°00'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05°00'00"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29°11'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS N.88°26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0°27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET(SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS),TO THE EAST QUARTER CORNER; THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS Page 7 of 56 Words underlined are additions;words seek-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A S.0°26'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN S.89°53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN S.89°53'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.41°11'03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E., FOR 120 FEET, THENCE RUN N.89°53'18"E., FOR 275.72 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A (VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89°40'55"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.0°26'00"W., FOR 100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.89°40'55"W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.0°25'41"E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00°14'00"W. FOR 1698.91 FEET; THENCE RUN N.54°47'52"W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC Page 8 of 56 Words underlined are additions;words smuelc throuugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET (SHOWN IN ERROR AS 1475.01 FEET IN O.R.BOOK 68,PAGE 235); THENCE RUN N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET; THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR 887.03 FEET, THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SECTION 20; THENCE RUN S.89°54'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S.02°12'00"E., ALONG THE EAST LINE OF SAID SECTION 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 RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOWN AS BLUEBILL AVENUE). AND LESS AND EXCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION; THENCE N.89°52'20"W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE 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.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.00°14'00"W.,ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.87°48'00"E.ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE S.02°12'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1; THENCE N.87°48'00"E. A DISTANCE OF 200.00 Page 9 of 56 Words underlined are additions;words siruele4hpeugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02°12'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"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 THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.02°12'00"W.A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A DISTANCE OF 1481.48 FEET; THENCE S.34°26'15"W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B, BAKER-CARROLL POINT,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.54°47'52"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68,AT PAGES 235 THROUGH 250,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE N.79°17'10"E.,ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.02°59'30"W., ALONG SAID Page 10 of 56 Words underlined are additions;words 6tmelf-threugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE N.27°15'20"W.,ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67 FEET;THENCE N.87°48'00"E.,A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET; THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by A.L.Dougherty Co. Inc.,a Delaware Corporation Lodge/ Abbott Associates, LLC & Lodge/Abbott Investments Associates, LLC. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the Delenor Wiggins State Park and Barefoot Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay PUD, on the South by the Dunes PUD and on the North by Arbor 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-3 ST (3), RSF-4, RSF-4 (3), RMF-12ST(3), RMF-12 (3), RMF-6 ST (3), RMF-6(3), and A-ST. 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 stormwater runoff to wetland areas 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 category. The site lies within Flood Zone AE (EL 11 ') and AE (EL 12') according to Firm Maps 120067-0191D, 0187D, and 189D, dated June 3, 1986. D. Soil types within the Project include Keri fine sand (approximately 50%), 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. Page 11 of 56 Words underlined are additions;words ugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A .0 1.6 PROJECT DESCRIPTION The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 590600 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 recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "AMENDED COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." Page 12 of 56 Words underlined are additions;words struckblhrourgh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A SECTION II PROJECT DEVELOPMENT 2.1 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 other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Amended Planned Unit Development document, the Settlement Agreement and Release attached hereto, 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 not limited to, Final Subdivision Plat,Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit "A", the Amended 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 tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. Page 13 of 56 Words underlined are additions;words struckgh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilitates,golf course layout,roadway pattern, and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s/Square Footage Acres Residential "R" 590600 53.70 Golf Course"GC" 2-N/A 170.39+/- Open Space N/A 308.00+/- (Preserve, Lakes and Landscape Buffers) Total 3-998600/ Total 532.09+/-acres *2 "GC" units to be deducted from the total in the "R" use so total overall remains 590 units. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate: Collier County governmental agency to ensure compliance with the Amended PUD Master Plan,the Collier County Subdivision Code,and the platting laws of the State of Florida. B. Revised Exhibit"A,"the Amended PUD Master Plan,constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the Amended PUD Master Plan. Any division of property and the development of the and shall be in compliance with the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions 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 the Collier County Land Development Code prior to the issuance of a building permit or other development order. Page 14 of 56 Words underlined are additions;wordsstruckgh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of 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 required 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 perpetual maintenance of the common facilities. 2.5 MODEL HOMES/SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Cocohatchee Bay PUD, subject to the Collier County Land Development Code and all other applicable sections. Sales facilities will be permitted prior to final plat approval as provided in the Collier County Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR 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 terms and conditions of County development approval. For those areas not maintained by the Master Association, the Developer has created a property owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The Master or the property owners' associations, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Cocohatchee Bay PUD, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large Page 15 of 56 Words underlined are additions;words stfttek-gifough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A se tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code. The Applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the Collier County Land Development Code. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, 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 contractors and consultants, including necessary access ways,parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in nature with the foregoing uses-ate wliis tl,e Plan "ag er Syiees D r rr t Di ♦ d + « t_ compatible as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Page 16 of 56 Words underlined are additions;words struc1Hhrrough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A 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 (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines — One half (1/2) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping—Five feet(5'). 4. Minimum distance between unrelated structures—Ten feet(10') 5. Minimum floor area—None required. 6. Minimum lot or parcel area—None required. 7. Sidewalks, bikepaths, and cartpaths may be placed within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The Amended PUD Master Plan satisfies the open space requirements 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. 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with the Land Development Code. Page 17 of 56 Words underlined are additions;words strucli-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A 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 berm. 2. Ground cover on the side of be berm shall form a dense attractive 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 percent native species. B. A minimum landscape area of thirty-five (35') shall be developed along the Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt Drive shall include development features that impede the view of high rise residential structures from Vanderbilt Drive. Page 18 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A", the Amended PUD Master Plan as"R". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590600. The subject property contains a gross acreage of 532.09 +/- acres and base density of 1.14-3 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Amended PUD Master Plan are designed to accommodate high-rise residential dwelling unit types,multi-family dwellings,adult living facilities, compatible nonresidential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreages are indicated on the Amended PUD Master Plan.These acreages are based on conceptual designs and are approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED 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" as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Page 19 of 56 Words underlined are additions;words struek-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A B. Accessory Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential Districts. B. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Cocohatchee Bay PUD, 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 standards apply to principal structures. C. Off-street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development A green space area of not less than ten feet(10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Page 20 of 56 Words underlined are additions;words deck thro egh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A AMENDED COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR"R" DISTRICT TABLE II DEVELOPMENT STANDARDS HIGH-RISE NON HIGH Multi-Family RISE (Other Dwellings*-- Structures)* Minimum Lot Area N/A 1 Acre Minimum Lot Width N/A N/A Front Yard—Internal Road *1 0.5 BH not less 0.5 BH not less than 25 feet than 25 feet Front Yard—Accessory Bldg. 0.5 BH not less 0.5 BH not less including Parking Structure than 25 feet than 25 feet Front Yard—Vanderbilt Drive BH N/A Front Yard —Accessory Bldg. 50 N/A Side Yard 0.5 BH 15 Rear Yard Principal 0.5 BH 15 Rear Yard Accessory 15 10 Maximum Bldg. Height 20 stories for maximum 35 height of 200 feet *2 Distance Between Principal 0.5 SBH *3 .05 BH not less than 15 Structures feet Floor Area Min.(S.F.) 1800 SF 1200 SF *4 BH: (Building Height): Zoned Bbuilding height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. All distances are in feet unless otherwise noted. *1 Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by private road, setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). *2 The maximum zoned building height shall be 200 feet,and the maximum actual building height shall be 250 feet,except the fifth residential high-rise building shall be permitted a maximum zoned building_ height of 220 feet and maximum actual height of 270 feet.Building hcight for the north property linc adjacent to Arbor Trace in the"RI"tract shall be 17 stories for a maximum height of 175 feet. *3 Where buildings with a common architectural theme are angled,skewed or offset from one another,and walls are not parallel to one another,the cetbacksbuilding separation can be administratively reduced. *4 For accessory uses, including cabanas,there shall be no minimum floor area. Page 21 of 56 Words underlined are additions;words struc--k-through are deletions H:\2022\2022025\WP\PUDA\BCC\Post-BCC\Cocohatchee Bay PUD(PL-20220001142)(10-10-2023).docx 9A SECTION IV GOLF COURSE "GC" DEVELOPMENT AREAS 4.1 PURPOSE The purpose 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. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities caddie quarters,clubhouse,guest suites, including temporary golf clubhouses. 2. Up to 2 single family detached dwelling units. Essential Services. Those services and facilities, including utilities, safety services, and other government services,necessary to promote and protect public health,safety, and welfare, including but not limited to the following: Police, fire, emergency medical, public park, and public library facilities 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings, utility and maintenance staff offices. 5. Any of the uses of the "P" District subject to the development standards of the "P"District. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatiblcas determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal Page 22 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A uses permitted in this District. 2. Pro-shops, practice areas and ranges, golf cart barns, restrooms, 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 intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other types of accessory facilities intended to provide recreational opportunities for members. 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—GOLF FACILITIES 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. B. Accessory structures shall be set back a minimum of ten feet(10')from Golf Course District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures - 2 stories for a maximum height of 20 feet. 2. Accessory Structures - 1 story for a maximum height of 15 feet. E. Minimum distance between principal structures - Ten feet(10'). F. Parking for the community center/clubhouse shall be three spaces per every one thousand(1,000)square feet of gross floor area,which shall be considered inclusive of the required golf course parking, provided the golf course and recreational facilities are private, otherwise, applicable provisions of the Land Development Page 23 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S. 41. H. 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 standards apply to principal structures. 4.4 DEVELOPMENT REGULATIONS — SINCLE FAMILYESSENTIAL SERVICES CRITERIA No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and two hundred feet(200') from all PUD boundaries: B. Accessory structures shall be set back a minimum of ten feet(10') from Golf Course District boundaries and private roads, and two hundred feet (200') from all PUD boundaries and residential tracts. Fences, gates and non-habitable gate houses are exempt from the requirement of Paragraph 4.4.B. Page 24 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A DEVELOPMENT STANDARDS FOR "GC" ESSENTIAL SERVICES TABLE III DEVELOPMENT STANDARDS "GC" D Essential Services Minimum Lot Area 15,500 SF1 Acre Minimum Lot Width 1-OON/A Front Yard 20* Front Yard side entry 1-O Side Yard 2520 Rear Yard Principal 20 Rear Yard Accessory 10 Rear Yard Special ** 10 Maximum Bldg Height for principal and 4-8-35' zoned height/50' actual height accessory structures Distance Between Principal Structures 4-015' Floor Area Min.(S.F.) 12200 N/A All distances are in feet unless otherwise noted. *Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not curbed). **Rear yards setback for principal and accessory structures on lots that abut preserves shall be per the Land Development Code. C. Permitted accessory uses and structures: a. Customary accessory uses and structures, including but not limited to: i. Covered parking, attached and detached garages. ii. Recreational facilities including but not limited to pools and tennis courts. i-vii.Water management facilities and lakes v. One (1) guest house (as allowed by the Land Development Code) per pri al structure and * (2) service quarters supporting the principal structure. The guest house and service quarters combined s'�a' exceed-40% of the s e of the princ l str cture. eke viiii.Storage facilities. b. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals or the Hearing Examiner determines to be compatible in this district, per the process outlined in the LDC. Page 25 of 56 Words underlined are additions;words stlf—through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-202 2000 1 1 42)(4-27-2023).docx 9A SECTION V PRESERVE "P" DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Cocohatchee Bay Community designated on the Amended Master Plan as the Preserve District. 5.2 GENERAL DESCRIPTION Areas designated 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 impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay Community residents. 5.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following: 1. Passive parks. 2. Passive recreational areas limited to the following: i. Boardwalks ii. Bicycle paths iii. Environmental uses (wetlands and conservation areas) iv. Flower beds v. Golf cart paths * vi. Pathways and/or bridges vii. Handicap ramps viii. Equestrian uses and trails * ix. Fitness trails and shelters * x. Hiking and nature trails xi. Open space drainage systems (required for the permitting of the project) xii. Parking lots (in support of any use within this section) * xiii. Sidewalks * xiv. Underground drainage xv. Water parks (fountains) xvi. Lake (including structural bank treatments) xvii. Boat(non-motorized), kayak and canoe docks xviii. Fishing piers Page 26 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A xix. Guardhouses, gatehouses * xx. Passive parks, with passive recreational uses subject to this section. [Intended to be limited to the definition in the Land Development Code] xxi. Gazebos xxii. Picnic areas xxiii. Wildlife sanctuary xxiv. Recreational shelters, in preserve upland areas only xxv. Drainage and water management facilities as may be required by SFWMD xxvi. Motorized devices required by physically impaired individuals. xxvii. Restroom facilities * *East of Vanderbilt Drive only. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compa i-bk as determined by the Board of Zoning Appeals (BZA)or the Hearing Examiner by the process outlined in the LDC. 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with 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 written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures—Twenty-five feet(25'). C. Minimum distance between principal structures—Ten feet(10'). D. Minimum distance between accessory structures—Five feet(5'). E. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance 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. Page 27 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code,said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s) or assigns, including the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. Page 28 of 56 Words underlined are additions;words struc14lmough are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023)docx 9A SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL 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, 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 the commitments outlined in this document. The Developer, his successor or assignee, shall follow the Amended Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is bound by the commitments within this agreement. 6.3 PUD MASTER PLAN—As Amended by the Settlement Agreement and Release A. Exhibit"A,"the Amended PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of the Land Development Code, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and common areas in the Project. C. The following shall be considered minor changes and refinements, subject to the limitations of PUD, Section 6.3A: 1. Reconfiguration of preserve areas, 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. Page 29 of 56 Words underlined are additions;words strzre-l&through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A 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 preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 6.4 PUD MONITORING PRO ON A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar ycar 2000 with completion of the golf course and Project infrastructure anticipated to occur in calendar year 2000/2001. 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 the Collier County Land Development Code. C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of the Land Development Code as modified by Paragraph 7 of the attached Settlement Agreement and Release. A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Lodge/Abbott Associates, LLC and Lodge/Abbott Investments, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity,then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney.After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its Page 30 of 56 Words underlined are additions;words stru•��are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A responsibility under this Section. When the PUD is closed-out,then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 6.5 POLLING PLACES Pursuant to the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon 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 necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) A. Sidewalks / bike paths shall conform with the LDC. Due to the environmental issues on this Project impacts are to be minimized. B. Private streets shall conform with the right-of-way width requirements of the Land Development Code except as follows: 1. The right-of-way for Qcul-de-sacs and other local streets less than one thousand feet (1,000') in length are required to have a may be a minimum fifty foot (50') right of way in width, with two ten foot (10') wide travel lanes as required by the Land Development Code. 2. All other cul de sacs are required to have a minimum of fifty foot (50') right of way width and two ten foot (10') wide travel lanes as required by the Land Development Code. 42. Tangents between reverse curves shall not be required under the Land Development Code. 443. Street grades may exceed four percent (4%) under the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 5,4. Pursuant to the Land Development Code, the standard that street name markers shall be approved by the Development Services Director and Page 31 of 56 Words underlined are additions;words st+uek--througlh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A conform with the Florida Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices are waived. The requirements for street pavement painting, stripping 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. 576_ Pursuant to the Land Development Code, the minimum back of curb radii for internal roads shall be 30 feet with the exception of both entrance road intersections which shall be 40 feet. 6.7 TRANSPORTATION—For Additional Information, see Settlement Agreement and Release A. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at Project access when deemed warranted by the County Engineer. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all Project accesses prior to the issuance of any certificate of occupancy for a building accessed from a Project entrance. B. The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, East/West Livingston Road, and/or Wiggins Pass Road rights-of-way if such improvements conflict with or negatively impact public roadway, drainage, or utility facilities planned as part of future four- laning construction. C. The 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 25 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 required right-of-way along each side of Vanderbilt Drive shall be dedicated and conveyed to Collier County without 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. 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 final four-lane design plans prepared for Collier County by Johnson Engineering, Inc. do not show required right-of-way for right turn lanes for this PUD, but the Page 32 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A 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 10 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 for Collier 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 credits for public roadway, drainage, and public utility improvements. The right- of-way conveyance shall occur at the time requested by the County. F. The Developer shall provide additional right-of-way in fee simple title, when necessary, along the PUD's north boundary for future East/West Livingston Road between Vanderbilt Drive and U.S.41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right-of-way along its southern property line for the future East/West Livingston Road. 100 feet of right-of-way along the northern property line for future East/West Livingston Road shall be dedicated to the County. Such required 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 conveyance shall occur at the time requested by the County. G. The Developer shall design and pay for any required road improvements to Vanderbilt 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 construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay the design and construction 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 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. H. The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the stormwater management commitments at a rate to be determined. The Project shall accept future stormwater commitments from East/West Livingston Road along the Project property line in the form of water quantity. Water quality will be handled within the 167.5' right- of-way reservation. Page 33 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A 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 Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. K. The maximum total daily trip generation for the PUD shall not exceed 236 two- way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. 6.8 UTILITIES The development of this Amended PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and transmission lines to serve the Project are to be designed,constructed,conveyed,and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system 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 shall 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. 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 west forth 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 property and not Page 34 of 56 Words underlined are additions;words lk-threeegh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A . 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 the 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 Water/Sewer District for ownership,operation and maintenance. All sewer facilities constructed on private property 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. G. All construction plans and technical specifications and proposed plats,if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 6.9 ENVIRONMENTAL The development of this Amended PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall 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 easements 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 the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Page 35 of 56 Words underlined are additions;words st+ucle-thre-ugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A E. Petitioner shall comply with the guidelines and recommendations of the 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 shall be submitted to Planning Services Section staff for review and approval prior to final site plan/construction plan approval. A Bald Eagle Management Plan and a Gopher Tortoise Management Plan are required for this site. 6.10 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. 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 permit shall be required for the proposed lakes in accordance with the Collier County Code of Laws and Ordinances and South Florida Water Management District Rules. 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to 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 County Code Enforcement Department contacted. 6.13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors storage and office facilities and the like, may be erected Page 36 of 56 Words underlined are additions,-words struck are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 94 and utilized during the period of Project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.14 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 permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. 2. Entrance Signs A. Two (2) signs with maximum area of 40 square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right-of-way to the uppermost portion of the sign structure. C. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent street or going into adjacent residences. 3. Project Signs A. Project signs, designed to promote the Cocohatchee 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 Cocohatchee 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. Page 37 of 56 Words underlined are additions;words mthreugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A 2. A maximum of four (4) project signs shall be permitted. Two (20 signs shall be located along the CR 901 frontage; one (1) shall be located along the Livingston Road Extension frontage, and one (1) shall be located along the CR 888 frontage. 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 Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted subject to applicable sections of the Code of Laws and Ordinances. If it is demonstrated that 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 activates shall comply with the definition of a "development excavation" pursuant to Code of Laws and Ordinances whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. B. All other provisions of the Code of Laws and Ordinances are applicable. 6.17 ESSENTIAL SERVICES—EMERGENCY ACCESS A. In the event a fire station facility is constructed at the location depicted on the master plan, an emergency access, which may be limited to a stabilized area, connecting the fire station facility to the adjacent development to the south(Tarpon Cove) will be provided. The site design of such emergency access or stabilized area will be coordinated at time of SDP and shall be managed by the fire department. 6.18 COUNTY PARKING LOT A. The developers Lodge/Abbott Associates,LLC and Lodge/Abbott Investments Associates, LLC will complete all of their obligations under new paragraph 26 of the Settlement Agreement as amended by the First Amendment to Settlement Agreement dated October 10,2023 and recorded in Official Records Book 6297 Page 417 including but not limited to the conveyance to the County, all described in the First Amendment to Settlement Agreement. Page 38 of 56 Words underlined are additions;words struck-through are deletions H:\2022\2022025\WP\PUDA\BCC\Post-BCC\Cocohatchee Bay PUD(PL-20220001142)(10-10-2023).docx 9A - _ OR --43 --PG ---243 b a - n CO 3 n \ y `r Z r1 O ^� 5 2 2 S `:.�\\\\\\\��., I o / 1 ti • le '414� ,� • lk Exhibit"A"to Amended Planned Unit Development Document COCOHATCHEE BAY Vanasse IIIII i-w' w— turf oe-l9-oo su God�l ft mg REV 01-15-08 l N.rS1 PUD MASTER PLAN Dayl o r ini r"=�� Pawcc No. 80++7 M4uM ` uu m wi.Rauh AC.40 NO 80.447-PUD_MP7 Page 39 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx CADwgs\Projects\Coco\ZoningSuppoMPUDMP\ZoningMasterPlan-2023-0111.dwg,1/11/20236.52.15 PM 9 A * S CDC) (I) m m 01 o— 1— -0 -0 co v) oO v— _ u' o O xi xi wm o0 Z n0 `O cmn D D m n < °n D Z 0 w Z y "' 0 �N .\2 tm 0 n rn _ � 0 r crni, cc., D D cn to Z D Z cn _i r— z n \ N .:mit rn to o .>� ` .. ' .'••••••••••••••.•••.'. . ••••••••••••••••••••••.'.'.',•• • • • • • .0. • • • • • • • rn 011P,z,),--43 . . . . . . . . . . . . . . . . . . .......................•.................. .•.........•.................•...•...•.•. no �,,.... m O emn0 .......•.............•.•.........•.•.•.... �ry Aim . . . . . . . . . . . .•.....•.•...•. �m . . . . . . . . . . . . . . . . . . . BUFFER PER LOC 111 VANDERBILT DRIVE(S.R. S-865A H �o Z I ti ' _.0 ,lk vr mCD w Z 1. I• Ou � _inc ;?.),, , 4 I ry, m -••.'- ill —1 0 cn o —1 > 71 73 cr""C. — rn DZ °0. �Q O1n 00V) O � 7 I Z Z m CA C -0 n D -0 m rn o D n c -+ 2 D rn- -, O m Z N Z D Fri OQ n, a o n I.13 1rn �_ � rnWTO met0 AZm0r2 m r,1v, 0 - -1Z o• l acia- U 00Z Cri m M �n Zm En: �HrnZ ^�.o tv •S n 0 �O coaliwdiw•a..) SCALE: DATE: PACE TITLE: AS NOTED 01/23 COCOHATCHEE BAY Qmega LODGE/ABBOT 5620 Sonnen Court Fort Myers,FL 33919 ASSOCIATES, LLC Exhibit PUD MASTER PLAN Consulting Group C.A.#28291 A PROJECT NO: 1408 Project Management/Civil Engineering Solutions ACAD NoZonMastPlanO9 7 A OR: 4368 PG: 2434 EXHIBIT B COCOHATCHEE BAY PUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has been coordinated throu_ and approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. ish & Wildlife.Service ("USFWS"), and the Florida Fish & Wildlife Co,.ervation Commission("FFWCC").' A. 'ROJECT DESCRIPTION The a. icant proposed to construct five high-rise condom' • ms(each 17 to 20 stories) , social and fitness center, a golf driving rang: tennis courts, guest cottages, p ing areas, and storm water management .cilities on a 111.3-acre project site. .. _ _ ___ • :.•:NI � ::.-. . To co •nsate for unavoidable effects to bald eagles at nest CO-19, and •w CO-19A, e applicant prepeses-te shall purchase and preserve suitable habita or nes g bald eagles in, or in the vicinity of, Collier County,in southwest Fl. 'da he project site is located north of Wiggins Pass Marina in Sections 8, 16, 1 and 20, Township 48 South, Range 25 East, Collier County,Florida. B. TERMS AND CONDIT NS4 1. In the event of• oject implementatio , the entry road,stormwater pond, parking area, . d golf club house areas ill be cleared and constructed in the first n -nesting season (May 16 gh September 30). Exterior construct'.n of the golf club house woul• •Iso occur in the first non- nestin_ .eason. 2. .•i clearing and the initiation of construction of c. dominium number I o would be initiated in the non-nesting seaso (May- 16 through eptember 30). However,construction of this 20-story ilding,which is ' This sec.,n is from the DESCRIPTION OF THE PROPOSED ACTION section in the U. Fish& Wildlife ervice's Biological Opinion dated February 27,2004,as amended on February 6 an• February 27,2'•' I In cordance with the Cocohatchee Bay Development Standards,buildings#1,#2,#3,and#4 20- s• es and building#5 is 17-stories. 'rivate practice area. Not open to the public. 'Biological Opinion dated February 27,2004,Page 14,as amended on February 6 and February 27,200, Page 41 of 56 Words underlined are additions;words.trurelr ettghr are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A OR: 4368 PG: 243 anticipated to take about 2 years to complete, would not be limi •i to the non-nesting season. The staging area for building number 1 .uld be at the future location of building number 3 (Figure 1). Site cl, 'ng for the staging areas would occur in the same non-nesting period. 3. In the second non-nesting season, construction .f the remaining recreational facilities east of the access road (i.e., 'tness facility, social facility, pool, cottages and tennis areas) would •_ initiated and exterior construction completed. These facilities are tended to be operational upon completion of the 2-year constructio phase for condominium ber 1. 4. Lan. • earing and the initiation of con uction of condominium number 2 likely -uld begin in the next non-n ing season,depending on economic condition- The pad for condomi ..in number 3 would again serve as the staging ar-• for condominium lumber 2. The permittee agrees the construction •uence for c remaining condominiums would be buildings 3, 4 . 5 with start of construction of these condominiums initiated only in non- esting season(s) (Figure 1). The construction start dates of these c ..ominiums likely would be in consecutive non- nesting seasons,but c• t . be delayed based on the economy. 5. The boardwalk c• nesting -ndominium numbers 4 and 5 inside 660' of CO-l9A woul, only be con cted in the uplands in the non-nesting season after ese two units are mpleted and at the revised location as shown. 6. In the vent the bald eagle pair returns . CO-19 or builds other nests on pros rty owned by Lodge Abbott Associa • , LLC,the permittee agrees to s ilarly modify the construction sequence the remaining buildings to iinitnize the adverse effects of the project on sting bald eagles. '. The permittee has proposed to preserve an. off- e bald eagle nesting territory as compensation for unavoidable effects to •agle nest CO-19A. Securing a territory may be in the form of fee 'mple title or a conservation easement to be granted to an acceptable t .rd party. The territory must include sufficient area to accommodate alte to nest trees in the event that the primary nest tree is lost. The permittee 'II use best efforts to locate and secure a territory in Collier County,but r• rues the right to search elsewhere if an acceptable contract cannot be s= ed in Collier County. C. ADDITIONAL TERMS AND CONDITIONS5 Amended Biological Opinion dated June 30,2004 pursuant to a request for letter of technical assistance from Collier County. Page 4-5,as amended and/or re-stated in the February 6 and 27,2007 Biological Opinion. Page 42 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A OR: 4368 PG: 24 The USACE has requested the USFWS to modify the February 7, 2004 biological opinion for the Cocohatchee development based on nt.• tications to the project proposed by the applicant. The USFWS has review•, the proposed project modifications and notes that they will result in th addition of the following two (2) items to the Terms and Conditions Secti. of the biological pinion: l. The construction of condominiums numbers 2 . d 3 can be initiated only during the non-nesting season(May 16 throu i September 30)(no earlier 2008). However,once initiated,cons . tion activities can carry over thr• gh the nesting season until the con uction of each condominium is com. ted. 2. The apph.• t has agreed to purer -e and preserve an offsite bald eagle nesting te ry prior to the i cation of construction activities for the project. Sec g a territory • ay be in the form of fee simple title or a conservation e• ent to . granted to an acceptable third party. The territory must incl e su i'cient area to accommodate alternate nest trees in the event that the . ary nest tree is lost. The applicant will use best efforts to locate and • re a territory in Collier County, but reserves the right to search els. here f an acceptable contract cannot be secured in Collier County. te selecti►• criteria are as follows: i) Preferenc: will be given to s- ._ lion of a parcel that presently supports active nes g by bald eagles,but . ,arcel that supports suitable habitat for attractin and supporting nesting b d eagles may also be considered accep Ic. ii Preference will be given, but not limit•• to, selection of a parcel of . itable habitat that has been selected an. • ked as a conservation pnority for preservation by agency process. iii) Proximity to other conservation lands being man. .ed or identified for preservation and management, proximity to foraging • eas, size, cover types, and presence of other species of conservation intern will be considered for selection of a parcel of suitable habitat f. nesting bald eagles. D. CONSERVATION MEASURE° Provided the necessary federal,state and local permits are obtained,the appli t will construct a 50-to 60-foot artificial nest tree on a salt flat approximately 5,11 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 °Biological Opinion dated February 27,2004,page 15 Page 43 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023)docx 9A OR: 4368 PG: 243 purpose of the artificial nest tree is to ascertain if eagles that are utilizing • st CO- 19 will relocate to the adjacent artificial tree. This specific location , : chosen because it is within the territory of the eagles that nest at CO-19 arther than 1,000 feet from the proposed condominium construction area,wel Buffered from other potential conflicting land uses, and will minimize dist . ce to wetland resources. The geotechnical engineer (ASC Geoservices, In• rporated) suggest hat actual fill for the base structure in the salt flat wetland I be limited to a 25- s• are foot area, and can be pile driven by a crane from floating barge. Water dep ,s are adequate to reach the site, and representat es of the South Florida Wate Management District will accompany the co• ractor during barging and tree ins . ation to ensure that environmental damn- will be minimized. The artificia est tree will use technology d• eloped for monopole cell towers with artificial • k, limbs and needles mate g that of a mature slash pine with a crotch configura en suitable for construc 'en of a nest by bald eagles. The tree will be designed to ithstand 140 mph Inds, be lightning proof and constructed of non-toxic material . Examples of • s technology can be found at manufacturer websites such as wow ...naturerm ers.com or www.utilitvcamo.com. The applicant also proposes to "nstal video camera in the nest tree to provide the residents of Cocohatchee B. • d other interested parties with an opportunity to monitor eagle nesting behay. The final designs of the base, the nest tree, and the camera will be submitt.. to • Service. E. CHANGES THAT FFECT TH�.. :OVE TERMS AND CONDITIONS Any revision by U.S. Army Corp o' ngineers (USACE), the U.S. Fish & Wildlife Servic. (USFWS), and the Flo Fish & Wildlife Conservation Commission 'WCC) that may cause revisio of the above described terms and conditions 11 not require further amendment . the Cocohatchee PUD or this Bald Ea: Management Plan. Should the curren eagle pair or a second eagle pair b d a new nest within the PUD boundary, y revisions to the above desc ed terms and conditions required by the agenc s listed above shall not r • rc an amendment to this Bald Eagle Management P . The applicant shall ify the County in writing of any revisions to the abov- escribed terms and onditions approved by the agencies listed above and s revisions shall automatically become part of this Bald Eagle Management PI , and no further action to amend this Bald Eagle Management Plan shall be requir:• F. PHASING PLAN In accordance with B & C above, a phasing diagram has been includ:• for reference. See Attachment 1. G. REASONABLE AND PRUDENT MEASURES' From Biological Opinion dated February 27,2004,pages 13-14 Page 44 of 56 Words underlined are additions:words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 7 A OR: 4368 PG: 2' 8 I. For the duration of the project,the applicant must take all necess .y steps to minimize the potential for incidental take of bald eagles • •'ng each nesting season. During the construction of the project,the a..licant must make reasonable effort to prolong the integrity of the bald gle nest tree, the nest,and the surrounding habitat. 2. Upon the onset of the nesting season each year of..nstruction(October 1), the applicant must initiate monitoring ace. •ing to Service draft monitoring guidelines,to detect the presence of ald eagles on the project site and, if present,any abnormal bald eagle . avior, since site work and • ilding construction within the primary zo, is proposed to occur during th- testing season. This monitoring cons of 4 hours per morning,for 3 days -r week while construction is occ .ng. Page 45 of 56 Words underlined are additions:words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A OR: 4368 PG: 2438 I. For the duration of the project,the applicant must take all necessary steps to minimize the potential for incidental take of bald eagles during each nesting season. During the construction of the project, the applicant mus make reasonable effort to prolong the integrity of the bald eagle nest tr , the nest,and the surrounding habitat. 2. Upon the onset of the nesting season each year of construction 4 tober t), the applicant must initiate monitoring according to Se• Ice draft monitoring guidelines,to detect the presence of bald eagles . the project site and, if present,any abnormal bald eagle behavior,sinc• site work and building construction within the primary zone is propos- to occur during the nesting season. This monitoring consists of 4 ho • .er morning, for 3 •vs per week while construction is occurring. Page 46 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A OR: 4368 PG: 2439 i I; t. ` 1 w g l'. \I4 h IA r' as 0 i as s g az ,/11 3^' A T wkiir Awl ,.........„,, ) :: . ....._ 4, 4 3 iN1111 r it 0 1•!fi�`� /far+f• , \ _-J ;) II s: -- (egt4 4 °(1 ,.. ,/ ; :"7: C. '' •- Ni ill 1%. 4 .1 I i:.. '' ,-"- _-..,/,„ jt,r,„:„. It .,. ,,,- .,. ,. IlAmp. „4,4 :,..,,, i I , ,,: . ' ., ,, , i ,. . ,_ . , ,.. 4,,,,---.),:-.. tik I / ,- 4-194-7,,,,Si\ :.- ,,, §4/' :,-. .. ' :00::\::, 5 lbw ,,,------ 1., , ...\, /400,„ . . . . . ., i i A --- MW or•ass )Net,_44 ; , N .-,--7-„,... ,,,: , : •\.,,,. . . . .„, .. I s. Iysir . . . . RRdddd , - -1 - ' gr 1 a, I f • • . • . •. 111,1 `'.X U w x Attachment 1 to BEMP Page 47 of 56 Words underlined are additions;words r are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A EXHIBIT B BALD EAGLE MANAGEMENT PLAN 1.0 INTRODUCTION This report provides project management guidelines for the maintenance of habitat, foraging and nesting opportunities for bald eagles (Haliaeetus leucocephalus) within the boundaries of the Kalea Bay and Cocohatchee golf course properties. The document addresses the existing use of the site by eagles, with general background information on their ecological and biological characteristics and habitat requirements. It also outlines a description of how planning and site development will be guided in consideration of the existing use. The plan briefly describes habitat that will be impacted by the development, as well as that which will remain available. Maintenance of the preserve areas is also described with the measures to be followed in order to keep the site viable for continued nesting by future eagle pairs. 2.0 PROJECT LOCATION AND DESCRIPTION The Kalea Bay and Cocohatchee golf course projects are an existing approved residential and golf course development located in the North Naples area of Collier County. The property is more specifically located east (Cocohatchee golf course) and west (Kalea Bay residences) of Vanderbilt Drive immediately north of the intersection of Wiggins Pass Road and Vanderbilt Drive. A portion of the preserve areas associated with the project is also located west of Vanderbilt Drive immediately south of the intersection of Wiggins Pass Road and Vanderbilt Drive. The Kalea Bay residential high-rise community is under construction, with four of five towers erected, and work slated to start on the fifth at the end of the 2022/23 eagle nesting season. The Cocohatchee golf course will be constructed on the east side of Vanderbilt Drive. Some clearing for the course was conducted in 2002 but then put on hold. Additional work was started in 2016, but again put on hold and not completed. The course is currently undergoing design modifications and permitting reviews though work on previously permitted areas is underway. Surrounding and adjacent land uses include high rise residential development and a county park with playground and boat ramp to the south,while single-family residences and multi- family low-rise development are found to the east and north sides of the project. Adjacent land to the west is undeveloped open estuarine waters and mangrove forest 3.0 BALD EAGLE (Haliaeetus leucocephalus) 3.1.1 Occurrence on Site Active bald eagle nesting has occurred on the project site for at least the past 25 years. Observations of the nesting activities by the property owners commenced during the 1998/99 nesting season. The original nest (CO-19) was located in the center of the site on the west side of Vanderbilt Drive. It was constructed in 1997 in a large pine tree. The tree was killed during a small fire in 1998 but was still Page 48 of 56 Words underlined are additions:words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A successfully used by the eagles for several more years. A new nest(CO-19A) was constructed during the 2005/06 nesting season. The new nest was located in a pine tree approximately 1000 feet northwest of the original nest tree. The nest has been taken over by great horned owls a few times,but the eagles continued to come back. During the 2019/20 season, the eagle pair built another new nest(CO-19B) a little over 2,000 feet to the east, on the east side of Vanderbilt Drive but have never actually used this nest. They instead moved back to the C019A nest for the nesting seasons since 2019/20.Great horned owls were observed using nest CO-19B during both the 20/21 and 21/22 seasons. CO-19B was blown out of the tree during Hurricane Ian in September 2022 and has not been rebuilt. The nests were permitted to be taken via a Biological Opinion initially issued in 2004 and subsequently modified later in 2004 (for the original nest (CO-19) location), 2006 (after the eagles built CO-19A) and 2007. The authorization to allow take of the nest was then continued via a transitional permit(MB 196606-0) in 2008. The area and trees around the CO-19B nest tree is being preserved under the modified design even though active nesting has not occurred at that site since the nest was constructed. Three of the buildings have been constructed while the fourth is substantially complete and the fifth will soon be under construction. All construction to date has been accomplished per the terms and conditions as outlined in the BO and authorized under the transitional permit. The new nest(CO-19B) on the east side of Vanderbilt Drive is not included in any of the take authorizations that have been issued to date on the subject property.This nest site is located in an area that is currently approved to be cleared for the golf course. The course is being modified to try and avoid the nest tree as much as possible even though the eagles have never used this nest. It was co-opted by great horned owls immediately after it was constructed. The work proposed to construct the golf course will encroach within the 330 and 660 foot buffer zones around the nest tree but since the nest is no longer present,additional permitting is not required. Annual monitoring has been and will continue to be conducted to document any usage or new nesting. If a new nest is constructed, then a new or amended eagle permit will be required and will be coordinated with USFWS. 3.1.2 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 white. Juveniles are brown-black and fully developed with a 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 Page 49 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A 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 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 Florida's eagle pairs are year round residents while the young are migratory. In addition to the 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 available in the vicinity and how well the bird can see it,thus perch sites are typically trees bordered by an open area such as river or lake banks. As a top predator eagles are vulnerable to the build up of contaminants in the food chain. Population size was severely affected by the use of the pesticide DDT(now banned), which reduced reproductive success by thinning eggshells; lead and mercury poisoning are on-going concerns. Multiple disturbances by humans of nesting birds has been shown to lead ultimately to nest abandonment. Spatial and temporal isolation from the nest site and feeding areas are components of species management plans. Given the general requirements for the ecological success of the eagle,an overview of how development on the project site will allow continued habitation is provided below. 3.1.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of 5 high-rise residential towers with clubhouse and recreational amenities, and a golf course with associated clubhouse, maintenance, and stormwater components. The high-rise buildings were originally permitted as 4 -20 story buildings,and 1 - 17 story building. One component of the current plan is to amend the building heights to all 5 as 20 story buildings. The parking and staging for the construction of building 5 is on the east side of Vanderbilt Drive and is within the 660 foot buffer around the CO-19B nest tree. The current golf course approvals would directly impact the CO-19B nest tree, so the golf course is being modified to avoid the nest tree and adjacent potential perches. However, the updated design of the course still falls within the 330 foot buffer.The updated layout for the course has the fairway for one of the holes located Page 50 of 56 Words underlined are additions;words struelceugh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A approximately 35 feet from the nest tree. It is not possible to shift the hole further away due to the existing conservation easements and wetland preserve that are already in place as a result of the original permitting. As stated though, with no nest present, monitoring or additional permitting is not required unless the eagles re-establish a nest in the tree. If a new nest is constructed prior to the completion of construction activities,then a new or amended bald eagle permit will be required. The main foraging area for the eagles is the Wiggins Pass estuarine system, which is designated as Outstanding Florida Waters,220 acres of which has been protected by the project via conservation easements to the South Florida Water Management District, US Army Corps of Engineers, and Collier County, preserving this habitat in perpetuity. Approximately 90 acres of which were purchased as mitigation for the incidental take permit which was issued for the project. The National Bald Eagle Management Guidelines (2007) recommend the establishment of a single buffer zone 660 feet or less from the nest, depending on the presence or absence of existing activities (of"similar scope") and the visibility of the activity from the nest. To avoid disturbing nesting bald eagles, FWS recommends: • Keeping a distance between the activity and the nest(distance buffers), • Maintaining forested (or natural) areas between the activity and around nest trees (landscape buffers), and • Avoiding certain activities during the breeding season. The buffer areas serve to minimize visual and auditory impacts associated with human activities near nest sites. Ideally, buffers would be large enough to protect existing nest trees and provide for alternative or replacement nest trees. The CO-19A nest location is approximately 112 feet from the closest permitted high rise building and approximately 60 feet from the clearing limits. The CO-19B nest location is approximately 570 feet from Vanderbilt Drive and 436 feet from the bypass which will be used as parking and staging during the Building 5 construction. Under the proposed project amendments,nothing would change with respect to the proximity of structures or clearing around nest CO-19A, though Building 5 would increase from 17 stories to 20 stories in height. Nest CO-19B was constructed within the permitted development footprint for the golf course. As a result of this new nest location,the golf course holes and lake area around the nest tree have been amended to avoid the nest tree and leave some of the potential perch trees in place to accommodate a nest if the eagles decide to rebuild one in this location in the future. Page 51 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A The owners of the property are aware of the CO-19B nest location and are aware that the golf course and Building 5 staging areas may be subject to additional restrictions depending on whether or not a new nest is re-constructed in the future. Based on the monitoring efforts undertaken since CO-19B was constructed, there has been no successful eagle use of the nest. Great horned owls took the nest over immediately after construction and have used it successfully during the ensuing nesting seasons until September 2022 when the nest was destroyed by Hurricane Ian. Even though eagle nesting has not been documented at this site, the project proposes ongoing monitoring to document if new nest construction is initiated as well as the following to minimize the chance of disturbance of the eagles should they rebuild the nest in the future. • All clearing and earthwork (including lake excavation) within the 660 foot buffer zone will be done between May 16 and September 30 (outside of the eagle nesting season). • Construction will be scheduled so that work further from the nest will occur before construction closer to the nest. • All exterior lighting will be shielded so that lights do not shine directly towards the nest. • A visual buffer between the staging and parking activities for building 5 and the nest will be enhanced with opaque fencing as well as by planting native pines and hardwoods within the landscape buffer area. • A no-entry buffer zone will be established around the nest tree to keep golfers and maintenance equipment away from the tree during nesting season. • Monitoring of the nest will be undertaken during initial maintenance activities to determine if golf course maintenance (mowing) disturbs the nesting and chick rearing of the eagles. Limits to maintenance activities with respect to day of the week, times of day, and activities allowed during nesting season will be assessed regularly and amended as needed to minimize disturbance to any nesting eagles. As mentioned previously, the new nest location is right in the middle of the previously approved golf course plan. There is no way to reconfigure the golf course to avoid the 330 foot buffer, much less the 660 foot buffer. If a new nest is rebuilt in the same area, the incidental take permit with FWS will have to be amended to allow for the golf course construction to be undertaken. Page 52 of 56 Words underlined are additions;words through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx 9A Whitt NYINDUNDO1 MO 14181 3W353tld30J/61166%101303f111.11:13d133N3Qi Aanan1m oPtu1'6 tt66%1 14, , D' O0 °dam I._ Cry ..� .•�X(?►% t 5 o 1IL bx s rFp!., 4 ,-- M— ''4 T R 1 ; wD n n A C).' mitaimil V V V " m2 - ° n "v� O _ m - v.5 Non z� o m- °' C4 m rno� p g O �� il nM Z yr2y1A Z g� I 11 Z , , 1� 8� m 53 r- T O -i r 2z o * z�m z�zm P D sD _ OD 73 0 o� 2 0 r =0� n ' 1"' Z ' n �$" --I 1 Z 111 s D ' ' r ii I Page 53 of 56 Words underlined are additions;words strueh-through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A =aoottl04 5153031003 1111*650 a 1100311033A0 Ie.0 0131003 311331181M%3U331.1510V 31.v.10 e1.1..1MO 113*3 1. f yC rJ 1 a v` ri IN G a 0 o $�';NI 0Zz co ci, m -+ m .""..-.--/--#ef-7 — D A D O r O Z 8 m m ,1n Z = , s00r .,,___„ ,., , z > (\c:)--- , ,,, ,,___<, m \ Z D ...._, ..• m ... o r y Gill VANDERBILT DR o (4, 4 ,i,. , , =()A C m A O c 4 _, 1 › 0 1 0 ...< , z_4: . k i r- O C liii Z n, m '®mg 4 a: \_jIiii!13IIrc?&.!L e. 4 `•c' .sw. � S US41 + ' Page 54 of 56 Words underlined are additions;words struck through are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9A ZZOZAEN4 SM31308153N 153M D* ZZOZ'04310V3 04061161H,.3'-141., y" 11 J O 4'` f 1 g r r gt-'2' gr-§" / 7 / • Z / ,--",....,.........,_ „,----,.._ \ 8/ (C2' H V--_-_,\-\_...,,,, ��. ,''' \ (/) D -_i m zD � / m \ 1rmr j 1 Wm i * 7/2. -- C 1 N 1 m "' I 99 V0 ..-- ----- / cn o f j r :,r ;:1 -. \ / .-,\ i4: 44 r . 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XJ CO i \ 41 r• \ / is 0 \ ,' .. �' \ CO W m / r ,1 `c ,� / YBVg " , % \ / :Pi Ygy J' - 1 1 „1 I ' 00 illic • ,__.,-,. :4fr,_ Page 56 of 56 Words underlined are additions;words streeegh are deletions H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx 9 A - ‘Allif •,1, Ek, ..... ...„..34,,, z. , , sy, . • FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 18, 2023 Crystal K. Kinzel, Clerk of Court , Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-46,which was filed in this office on October 17, 2023. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 PROPOSED USE - MIXED USE - The 3 luxury single family homes on large homesites range from 2,700 to 3,800 square feet with lakefront and preserve views - Design echoes the frontage road homes immediately across the site at 13th Ave SW - Similarly sized homes in Naples range from $1.25 to $2.5 million. - Enhanced buffering sheilds the residents from road noise and neighboring uses. 1aoft -ft . 30m , t 0 1 :' iRETENTIC N w POND tt $r„, ( i CUBESMART VANDERBILT &COLLIE' Superimposed to Scale 95,000 SF Built in 2022 PRESERVE 300'x 125' 3 Stories 9 CubeSmart _ -~~-Self Storagemmi— Ormilladle gill mum r aka.' 9 A .wrwwwr . . _ LU III) LLI p ,...... . 0 --..s. ........,. • Z 11.1g. 4 „. kiim . . ..,... .. .. ..,_ ..., NJIW CC ...... ,,,.. ,. Li.1 Ill ii- 2 .,,., .„.• . . ,..... ,,,.....,.,.,... ...: , ,. 0 .... . . . .,...,. 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