Ordinance 2000-088ORDINANCE NO. 2000-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS
MAPS NUMBERED 8508S, 8516N, 8517N, 8520N, AND 8520S; BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM RSF-3 (3), A (ST), RMF-6
(ST) (3), RMF-6 (3), RMF-12 (ST) (3), RMF-12 (3), RSF-3 (ST) (3),
RSF-4 (3), and RSF-4, TO "PUD" PLANNED IYNIT
DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A
MAXIMUM OF 590 RESIDENTIAL DWELLING UI~ITS AND
RECREATIONAL FACILITIES INCLUDING A GOLF COURSE
AND CLUBHOUSE LOCATED ON THE NORTHWEST CORNER
OF WIGGINS PASS ROAD (C.R. 888) AND VANDERBILT DRIVE
(C.R. 901) IN SECTIONS 8, 16, 17, AND 20, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 532+__ ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Karen Bishop of PMS, Inc. of Naples, representing'Vanderbilt Partners II,
LDT., petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property. ~
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners o~'~
Collier County, Florida, that: : ' -
SECTION ONE: C;~-~ ,'~',
The zoning classification of the herein described real property located in Sections 8, 16,
17 and 20, Township 48 South, Range 25 East, Collier County, Florida, 'is changed from RSF-3
(3), A (ST), RMF-6 (ST) (3), RMF-6 (3), RMF-12 (ST) (3), RMF-12 (3),.RSF-3 (ST) (3), RSF-4
(3), and RSF-4, to "PUD" Planned Unit Development in accordance with the Cocohatchee Bay
PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The
Official Zoning Atlas Maps numbered 8508S, 8516N, 8517N, 8520N, and 8520S, as described in
.Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ,/;t~day of ~ ,2000.
DVvqGHT' E. BROCK, Cl~k
Attest as to Chalnaan'$
sSgnature only.
Approved as to Form
and Legal Sufficiency
MarjoraM. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,
BY: ~A
JAMES D. CARTER, PhD., CHAIRMAN
This ordinance filed with the
Secre, tary of Stj~te's Office the
/)figSday of~r~(~:~-', ~o~
and acknowledgement of that
filina ~.eceived this _~ _~:!/-do¥
g/admin/PUD-99-28/RN/im
-2-
COCOHATCHEE BAY
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING 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
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
12/14/00
EXHIBIT "A"
INDEX PAGE
SECTION I
SECTION II
SECTION IH
SECTION IV
SECTION V
SECTION VI
List of Exhibits and Tables
Statement of Compliance
Property Ownership, Legal
Description and Short Title
Project Development
Residential Development Areas
Golf Course / Open Space
Preserve District
General Development Commitments
II
1.1
2.1
3.1
4.1
5.1
6.1
LIST OF EXHIBITS AND TABLES
EXHIBIT "A"
EXHIB1T "B"
TABLE I
TABLE II
Planned Unit Development Master Plan
PUD Master Plan with Eagle Zone Overlay and
Bald Eagle Management Plan
Land Use Summary
Development Standards
II
STATEMENT OF COMPLIANCE
The development of approximately 532.09 :t: 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:
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.
e
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.
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.
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.
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
Parcel 5 - 161.63 acres RSF-4
Parcel 6 - 13.15 acres RSF-4(3)
Parcel 7 - 69.61 acres RSF-3st(3)
RSF-3(3)
RMF-6(3)
RMF-6st(3)
Parcel 8 194.60 acres RMF-12(3)
RMF-12st(3)
Parcel 9 1.26 acres RMF- 12st(3)
Parcel 10 80.65 acres RMF-12st(3)
RMF-6st(3)
33.57 units
646.52 units
39.45 units
208.83 units
583.80 units
3.78 units
241.95 units
TOTAL 532.09 acres
1757.90 or 1758 units
The PUD will utilize a total of 590 units on 532.09 + acres for a gross density of 1.11 dwellings
per acre. This action makes the land use and density consistent with the Future Land Use
Element of the Growth Management Plan.
Ill
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.
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.
e
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.
All final local development orders for this Project are subject to Division 3.15, Adequate Public
Facilities, of the Collier County Land Development Code (LDC).
IV
SECTION I
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project name
of COCOHATCHEE BAY.
1.2 LEGAL 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'%V. 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°1 l'40"W., ALONG SAID 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'~7~r., (SHOWN IN ERROR AS N.22°30'00'~7~r. 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 2744.30 FEET, TO THE
POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR
RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY
SUBMERGENCE OR EROSION.
1.1
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
ACCEPT 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 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
1.2
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 ACCEPT 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'%V., 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
ACCEPT 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'%V., ALONG THE
SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.00°l 4'00"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 RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN N.79°17'I0"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
1.3
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
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO
KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS BLUEBILL AVENUE).
AND LESS AND ACCEPT 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'%V. 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 ! 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°l 4'00"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.I; 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 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
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY:
1.4
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°l 2'00"W., ALONG THE EASTERLY LINE OF SAID
SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00%V., 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°l 2'00"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.05°9'30"W., ALONG SAID 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.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
Ae
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.
Bo
The zoning classification of the project prior to approval of this PUD document was
RSF-3 (3), RSF-3ST (3), RSF-4, RSF-4 (3), RMF-12ST (3), RMF-12 (3), RMF-6 ST(3),
RMF-6(3), and A-ST.
1.5
1.5 PHYSICAL DESCRIPTION
The Project lies within South Florida Water Management District No. 6. Drainage from
the property will discharge into Cocohatchee Bay
Bo
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.
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.
De
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.
1.6
PROJECT DESCRIPTION
The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 590
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 "COCOHATCHEE BAY PLANNED UNIT
DEVELOPMENT ORDINANCE."
1.6
SECTION II
PROJECT DEVELOPMENT
2.1
2.2
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.
GENERAL
Ae
Development of Cocohatchee Bay shall be in accordance with the contents of the Planned
Unit Development document and applicable sections of the Collier County Land
Development Code and Growth Management Plan in effect at the time of issuance of any
development order, such as, but 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.
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.
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.
De
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.
Eo
Development permitted by the approval of this Petition will be subject to a concurrency
review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at
the earliest or next to occur of either final SDP approval, final plat approval, or building
permit issuance applicable to this Development.
2.1
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Project Master Plan, including land uses for the various tracts, is iljustrated by
Exhibit "A," the PUD Master Plan. The nature and extent of land uses within the Project
are indicated on Table I. The specific location and size of individual tracts and the
assignment of dwelling units thereto shall be determined at the time of detailed site
development planning or platting.
The final size of the recreation and open space lands will depend on the actual
requirements for water management facilities, golf course layout, roadway pattern, and
dwelling unit size and configuration.
COCOHATCHEE BAY
LAND USE SUMMARY
TABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
USE
MAX. D.U.'s / Square Footage
ACRES
Residential "R1" 480
44.00 +/-
Residential "R2" 90
9.70 +/-
Golf Course "GC"
20
170.39 +/-
Open Space N/A
(Preserve, Lakes and Landscape Buffers)
Total 590
Total
308.00 +/-
532.09 +/- acres
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
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 PUD Master Plan, the
Collier County Subdivision Code, and the platting laws of the State of Florida.
Bo
Exhibit "A," the 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 PUD Master Plan. Any
division of property and the development of the land shall be in compliance with Division
3.2 of the Collier County Land Development Code, and the platting laws of the State of
Florida.
2.2
Co
The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts or parcels of land as
provided in said Division prior to the issuance of a building permit or other development
order.
Do
Fo
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 Division 3.2 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.
Utility, road, public and private easements shall be established as required during the SDP
and/or plat approval process.
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
requirements of Section 2.6.33.4. of the Collier County Land Development Code and all other
applicable sections. Sales facilities will be permitted prior to final plat approval as provided in
said Section 2.6.33.4.
2.6
2.7
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development
Code, Section 2.7.3.5.
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' association, 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.
2.3
2.8 DESIGN GUIDELINES AND STANDARDS
2.9
The Collier County Planned Unit Development District is intended to encourage ingenuity,
innovation and imagination in the planning, design and development of relatively large tracts of
land under unified ownership or control, as set forth in the Collier County Land Development
Code, Section 2.2.20.2.3.
The Applicant 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 that an estimate based on current marketing knowledge. The estimate may, of
course, change depending upon future economic factors.
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:
Essential services as set forth under the Collier County Land Development Code,
Section 2.6.9.1.
o
Water management facilities and related structures.
Temporary sewage treatment facilities.
Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
o
Guardhouses, gatehouses, and access control structures.
Community and neighborhood parks, recreational facilities, community centers.
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.
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.
Any other use which is comparable in nature with the foregoing uses and which
the Planning Services Department Director determines to be compatible.
2.4
2.10
2.11
Bo
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.
OPEN SPACES REQUIREMENTS
The PUD Master Plan identifies approximately 483 acres included in the Recreation, Golf
Course, Landscape/Open Space, Lakes and Preserve District designations. These areas equate to
approximately 91 percent of the Project and fully satisfy the open space requirements of Section
2.6.32 of the Collier County Land Development Code.
NATIVE VEGETATION RETENTION REQUIREMENTS
Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be
preserved.
2.5
2.12 LANDSCAPING REQUIREMENTS
Ae
A perimeter berm shall be constructed in conformance with Section 2.4.4 of the Land
Development Code.
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.
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.
A minimum landscape area of thirty-five feet (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.
2.6
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 PUD Master Plan as "RI" and
"R2".
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted within the PUD is 590. The subject property
contains a gross acreage of 532.09 +/- acres and base density of 1.11 dwelling units per gross
acre.
3.3 GENERAL DESCRIPTION
Areas designated as "R!" and "R2" on the 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 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 Division 3.3 and Division 3.2, respectively, of 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.
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 "RI" and "R2" Districts.
3.1
3.5
B. Accessory Uses
1. Uses and structures customarily associated with principal uses permitted.
o
Recreational uses such as, but not limited to, clubhouse, fitness center, health spa,
tennis courts, swimming pools or similar recreational uses.
e
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 1" and "R2" Districts.
DEVELOPMENT STANDARDS
Table I sets forth the development standards for land uses within the "R" Residential
Districts.
Be
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.
Co
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.
In the event the Developer builds the multiple family housing placed in the area between
Tarpon Cove and Falling Waters, a minimum of 30 percent of the multiple family
housing shall be offered to employees of the golf course with purchase price or rental
rates consistent with traditionally accepted housing costs to income ratios.
3.2
COCOHATCHEE BAY COMMUNITY
DEVELOPMENT STANDARDS FOR
TABLE 1
DEVELOPMENT STANDARDS "RI" "R2"
HIGH-RISE MULTI-FAMILY
Multi- Family Dwellings
Minimum Lot Area N/A 1 Acre
Minimum Lot Width N/A N/A
Front Yard - Internal Road *! 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 BIdg Height 20 stories for a maximum 35
height of 200 feet *2
Distance Between Principal Structures 0.5 SBH *3 0.5 BH not less
than 15 feet
Floor Area Min. (S.F.) 1800 SF 1200 SF
B...~.H: (Building Height): Building 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 a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not
curbed).
*2 Building height for the north property line adjacent to Arbor Trace in the "RI" tract shall be 15 stories for a maximum height of
150 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 setbacks can be administratively reduced.
3.3
SECTION IV
GOLF COURSE "GC" DEVELOPMENT AREAS
4.1
4.2
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.
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
Golf courses and golf club facilities, caddie quarters, clubhouse, guest suites,
including temporary golf clubhouses.
2. Project information and sales centers.
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 facilties and pump buildings, utility
and maintenance staff offices.
Any other principal use which is comparable in nature with the foregoing uses and
which the Planning Services Department Director determines to be compatible.
B. Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with the principal uses
permitted in this District.
Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack
bars and golf course maintenance yards.
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.
4.1
Shuffleboard courts, tennis courts, health spas, swimming pools, and all other
types of accessory facilities intended to provide recreational opportunities for
members.
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.
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
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.
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.
Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
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 Code shall apply.
The golf course maintenance building shall be located a minimum of 1750 linear feet
west of U.S. 41.
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.
4.2
SECTION V
PRESERVE "P" DISTRICT
5.1
5.2
5.3
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within the Cocohatchee Bay Community designated on the Master Plan as the Preserve District.
GENERAL DESCRIPTION
Areas designated as Preserve on the Master Plan are designed to accommodate a full range of
conservation and limited water management uses and functions. The primary purpose of the
Preserve District is to retain viable 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. '
USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in whole or
in part, for other than the following:
A. Principal Uses
1. Passive parks, passive recreational areas, boardwalks.
2. Biking, hiking, and nature trails.
o
Golf cart paths are permitted in the preserve areas outside the limits of the bald
eagle primary zone.
4. Wildlife sanctuary.
5. Pathways and or bridges.
6. Recreational shelters, in Preserve upland areas.
7. Drainage and water management facilities as may be required by SFWMD.
Any other accessory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director determines to be
compatible.
5.1
5.4 DEVELOPMENT STANDARDS
Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. of
the Collier County Land Development Code, as amended. Any lot abutting a
protected/preserve area shall have a minimum 25 foot setback from the boundary of such
protected/preserve area in which no principal structure may be constructed. Further the
plat shall require that no alteration, including accessory structures, fill placement,
grading, plant alteration or removal, or similar activity shall be permitted within such
setback without the prior 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').
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.
5.5 PRESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land Development
Code, Section 3.2.8.4.7.3. 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.
5.2
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, Division 3.2 shall apply to this Project even if the land within the
PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the
commitments outlined in this document.
The Developer, his successor or assignee, shall follow the 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
Ao
Exhibit "A," the PUD Master Plan, iljustrates 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 Section 2.7.3.5.
of the Land Development Code, PUD amendments may be made from time to time.
All necessary easements, dedications, or other instruments shall be granted to ensure the
continued operation and maintenance of all service utilities and all common areas in the
Project.
Co
The following shall be considered minor changes and refinements, subject to the
limitations of PUD, Section 6.3A:
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.
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.
Reconfiguration of golf course envelopes and design features where there is no
encroachment into preserve areas.
6.1
4e
Internal realignment of rights-of-way other than a relocation of access points to
the PUD.
Reconfiguration of residential parcels when there is no encroachment into
preserve areas.
6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
6,5
6.6
Initiation of construction on the Cocohatchee 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.
Be
Monitoring Report: An annual monitoring report shall be submitted pursuant to Section
2.7.3.6. of the Collier County Land Development Code.
The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of
Section 2.7.3.4 of the Land Development Code.
POLLING PLACES
Pursuant to Section 2.6.30. of 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.
SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17. of the LDC.
Due to the environmental issues on this Project impacts are to be minimized.
Private streets shall conform with the right-of-way width requirements of Subsection
3.2.8.4.16.5. of the LDC except as follows:
Cul-de-sacs and local streets less than one thousand feet (1,000') in length are
required to have a minimum fifty foot (50') fight-of-way width and two ten foot
(10') wide travel lanes as required by Subsection 3.2.8.4.16.5.
All other cul-de-sacs are required to have a minimum of fifty foot (50')
fight-of-way width and two ten foot (10') wide travel lanes as required by
Subsection 3.2.8.4.16.5.
6.2
6.7
Tangents between reverse curves shall not be required under Subsection
3.2.8.4.16.10. of the Land Development Code.
Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14. of the
Land Development Code provided that applicable Florida Department of
Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and
AASHTO criteria are met.
LDC Subsection 3.2.8.3.19.: The standard that street name markers shall be
approved by the Development Services Director and conform with the Florida
Department of Transportation Federal Highway Administration Manual on
Uniform Traffic Control Devices are waived. The requirements for street
pavement painting, striping 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.
LDC Subsection 3.2.8.4.16.8.: 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.
TRANSPORTATION
The Developer shall provide a fair share contribution toward the capital costs of any
traffic signals necessary at Project accesses 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.
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.
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.
6.3
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 fight turn lanes for development purposes are required or specified. Such
additional right-of-way is declared to be compensating fight-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 right-of-way shall generally be of a typical width of
approximately 15 feet. The fight-of-way conveyance shall occur at the time requested by
the County.
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 fight-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 fight-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.
Fe
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
fight-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.
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.
6.4
Ho
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.
The Developer shall design noise mitigation/abatement systems in accordance with the
Collier County Land Development Code.
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.
6.8 UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
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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.
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.
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.
Stubs for future system interconnection with adjacent properties shall be provided
to the property lines of the Project at locations to be mutually agreed to by the
County and the Developer during the design phase of the Project.
6.5
Do
A water distribution system shall be constructed throughout the project development by
the Developer pursuant to all current requirements of Collier County and the State of
Florida. Water facilities constructed within platted rights-of-way or within utility
easements as set 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 required by the County to be located
within utility easements shall be owned, operated and maintained by the Developer, his
assigns or successors.
All construction plans and technical specifications and proposed plats, if applicable, for
the proposed water system must be reviewed and approved prior to commencement of
construction.
FJ
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.
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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.
6.6
6.9 ENVIRONMENTAL
6.10
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
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.
Be
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 3.2.8.4.7.3. of the Collier County Land Development Code.
Co
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.
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site,
with emphasis on the conservation/preservations areas, shall be submitted to Current
Planning Environmental Staff for review and approval prior to final site plan/construction
plan approval.
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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.
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Any amendment to the Bald Eagle Management Plan shall require review of the
Environmental Advisory Council or any successor body.
ENGINEERING
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.
Design and construction of all improvements shall be subject to compliance with all
applicable provisions of the Collier County Land Development Code.
6.7
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
An excavation permit shall be required for the proposed lakes in accordance with
Division 3.5 of the Land Development Code and South Florida Water Management
District Rules.
6.12 HISTORICAL AND ARCHAEOLOGICAL
Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site
clearing, excavation or other construction activity a historic or archaeological artifact is found,
all development within the minimum area necessary to protect the discovery shall be immediately
stopped and the Collier 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 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.
6.8
6.14 SIGNS
1. General
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All County sign regulations shall apply unless such regulations are in conflict with
the conditions set forth in this Section.
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.
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
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Two (2) signs with a 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.
Be
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.
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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 streets or going
into adjacent residences.
3. Project Signs
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.
2)
A maximum of four (4) project signs shall be permitted. Two (2) signs
shall be located along the CR 901 frontage, one (1) shall be located along
the Livingston Road Extension frontage. and one (1) shall be located along
the CR 888 frontage.
6.9
3)
Project signs may be lighted provided all lights are shielded in a manner
which prevents direct glare which would impact the vision of drivers using
the adjacent streets or going into adjacent residences.
6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the
Collier County Land Development Code in effect at the time of building permit application.
6.16 PROVISION FOR OFF-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 Land
Development Code. 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:
Excavation activities shall comply with the definition of a "development
excavation" pursuant to Division 3.5 of the Land Development Code 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 said Division 3.5 are applicable.
6.10
EXHIBIT
COCOHATCHEE BAY [
rt~D M~,,STER r~ I
~ co~mo~]
VANASSE & DAYLORI ]
DATE: 08-29-00
REV: 11-06-00
SCALE: N. T.S.
PROJECT NO.: 80205
ACAD NO. 80205-PUDM~
, ,!
EXHIBIT "B"
COCOHATCHEE BAY
PUD MASTER PLAN
WITH EAGLE ZONE OVERLAY
VANASSE & DAYLORI
,(r~o .New. Jb'~tte. n,r Bh'd.
DATE: 08-29-00
REV: 11-06-00
SCALE: N.T.S.
IPROJECT NO.: 80205
,AC,4D NO. 80205-PUDM,O
Bald Eagle Habitat Management Plan
COCOHA TCHEE
Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Collier County.
Turrell & Associates, Inc. August 2000
4.0
4.1
Bald Eagle (Haliaeetus leucocephalus leucocephalus)
Occurrence on Site
An active bald eagle nest is located on the site on the west side of
Vanderbilt Drive, shown on the attached site plan / preserve map.
According to FFWCC records, the site has been active for at least the last
7 years with nest being constructed in two different trees. The current nest
was constructed in 1995 and the original nest tree was cut down in 1997,
the nest had already fallen. The parent birds fledged one hatchling in
1998-99 and two young during the survey period. The nest is located in a
dead and rapidly deteriorating Slash Pine tree on the western portion of
the property. The tree is located between a small sawgrass marsh area
and the bay forest / mangrove swamp. The birds have an open view to the
water over the tops of the mangroves to the west. Almost all of the
established trees between the nest tree and Vanderbilt Drive have died,
mostly due to a fire that occurred on the property several years ago so the
birds also have a relatively unobstructed view of Vanderbilt Drive. Due to
the condition of the tree, it is not expected that the eagles will continue to
use the nest more than a couple of more years at the most. It is more
likely that a storm with heavy winds will either destroy the tree supporting
the nest, or destroy the nest itself. It is not clear where the eagles will try
to construct a new nest if this occurs. Specific observations were made
during the past two nesting seasons to note flight patterns and feeding
behavior around the nest. These observations showed that flights into and
out of the nest were predominately to the south and south-west from the
nest tree. Several other dead pines around the nest served as perches for
the parents during the nesting season. An effort was made by the parent
birds to construct a new nest adjacent to the existing marina early in the
'99-'00 season, however, these efforts were unsuccessful.
2.2 Biology and Habitat Requirements
The bald eagle is the largest raptor that breeds on the peninsula of
Florida, with a wingspan of about seven feet. Body plumage is dark
brown with the head and tail a distinctive while. Juveniles are brown-black
and fully develop the white head and tail by the age of five or six.
Eagles typically nest close to water with their diet comprised mainly of fish
but supplemented with a variety of vertebrates including birds and turtles.
Thus nests must provide prey opportunities in the vicinity, good visibility
and a clear flight path.
Nest laying begins in early fall and the cone shaped nests can be 6 feet
Bald Eagle Habitat Management Plan
COCOHA TCHEE
Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Collier County.
Turrell & Associates, Inc. August 2000
across and 6-8 feet deep, lined with soft materials. Most commonly, living
pine or cypress trees are chosen where some canopy remains above the
nest. The ratio of water to land edge is one of the most important
considerations and so long as prey density does not diminish, habitat
suitability of an area remains constant.
Egg laying peaks in early December and clutches usually consist of one to
two eggs with incubation of approximately 35 days. The young fledge
after 10-12 weeks although parental care may continue a furlher 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.
4.3 Site Development Considerations and Species Management
Protocol
The current site plan calls for development of a golf course only with an
option to conduct future residential construction should the site conditions
or management techniques change to allow it. It should be noted that
existing flight paths are predominantly to the south and south-west and a
far greater area of preserve extends from the nest tree to the west,
keeping the site in a similar configuration to how it is currently utilized by
the birds. The main foraging area is the Wiggins Pass estuarine system
which is designated as Outstanding Florida Waters, 280 acres of which
will be deeded by conservation easement to the South Florida Water
Management District preserving this habitat in perpetuity.
Bald Eagle Habitat Management Plan
COCOHA TCHEE
Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Collier County.
Turrell & Associates, Inc. August 2000
The Habitat Management Guidelines outlined in the Recovery Plan for the
Southeastern States Bald Eagle call for a primary protection zone, except
under unusual circumstances, extending 750 to 1500 feet outward from
the nest tree. The precise distance being dependent upon the proximal
and spatial configuration of critical elements such as the nest tree, feeding
area, and roost trees. No residential, commercial, or industrial
development, logging or mining should occur within this zone.
The site plan for the golf course as proposed projects into the 750 foot
primary zone to the east of the nest tree. It is not anticipated that this will
adversely affect the eagles because of the existing circumstances of the
site. There are no existing living trees within this area and the birds
currently have a relatively unobstructed view of Vanderbilt Drive. The golf
course would remove some of the dead snags left in the area but
observations over the past two years have shown that these snags are not
utilized by the birds for roosting or perching. Also, flight paths into and out
of the nesting area were in the opposite direction and not over the area
proposed to be impacted. A screen of living vegetation will be planted
between the golf course and the nest site to block views and sounds of
the golfers from the nest. This action would result in a buffer of
approximately 530 feet to the east of the nest. A buffer of 750' would be
maintained to the south and north of the nest, and no impacts are
proposed to the west between the tree and the Gulf of Mexico.
To minimize disturbance during the important nesting period, a greater
buffer zone of 1500' in radius will be established and maintained during
site construction activities. No construction activities will take place within
the 1500-foot zone during the nesting period which runs from October 1
through May 15.
Incorporated throughout the site is an education plan consisting of signs
and posters located at golf hole tees, with information and pictures of the
habitats and species located in the vicinity of each hole. In this way
players and residents will gain knowledge and an appreciation of the
system as they progress through the course. The eagle will be highlighted
at the appropriate location with details on the species biology, ecology
and conservation status.
3
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-88
Which was adopted by the Board of County Commissioners on
the 12th day of December, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 15t~i'da~
of December, 2000.'
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
County Commissioners
By:
Ellie Hoffman,
Deputy Clerk