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Agenda 03/24/2015 Item #12A
3/24/2015 12.A. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners consider the amendment to Settlement Agreement and Release proposed by Lodge/Abbott Associates, LLC and Lodge/Abbott Investments Associates LLC (owners of the Cocohatchee Bay Planned Unit Development) to allow the Cocohatchee Planned Unit Development to be amended. OBJECTIVE: That the Board of County Commissioners consider the amendment to Settlement Agreement and Release proposed by Lodge/Abbott Associates, LLC and Lodge/Abbott Investments Associates LLC (owners of the Cocohatchee Bay Planned Unit Development), hereinafter referred to as "Lodge Abbott", to allow the Cocohatchee Planned Unit Development to be amended. This item should be considered a companion item to Lodge Abbott's application for an amendment to the existing PUD zoned project known as Cocohatchee Bay Residential Planned Unit Development (RPUD), as various issues are intertwined between both items. CONSIDERATIONS: The following sets forth a brief background to this matter: PUD History The Cocohatchee Bay PUD was created by Ordinance 2000-88 on December 12, 2000. Prior to this rezoning, 1,758 homes could have been built on this land. The PUD reduced that to a maximum of 590 units with 480 residential units in the Rl District (which contemplated residential towers up to 20-stories), 90 one-acre lot residential homes in the R2 District, and authorized a golf course with up to 20 units and a clubhouse. The PUD document included a Bald Eagle Management Plan. The applicant for this PUD was a contract purchaser, Vanderbilt Partners II, Ltd., whose purchase obligation was contingent on approval of the PUD, and whose rights were then purchased by Lodge Abbott. Lodge Abbott waited 5 years after approval of the PUD before progressing towards active development. The Bald Eagle Management Plan At the time of the PUD approval, a pair of bald eagles nested in a dead slash pine tree located in the westerly portion of the property. Accordingly, the PUD was required by the LDC and GMP to contain a Bald Eagle Management Plan. The Plan called for a no construction zone within 750 feet from the nest and a no construction zone within 750-1500 feet around the nest during nesting season. The Plan noted that due to the deteriorating tree, continued nesting would be expected to last for a couple of years at most; nesting continued longer than expected. Lodge Abbott took the position that under the Bald Eagle Management Plan the County deferred to State and Federal Permitting, and that it worked with the State and Federal agencies to secure a permit to allow construction within the vicinity of the nest. The permit included an incidental take provision, with a mitigation plan which included construction of an artificial tree nearby to the existing nest. It was hoped that the eagles would relocate their nest to the artificial tree. Since then, the eagles have relocated to a new nest on the property. 1 Packet Page-122- 3/24/2015 12.A. The PUD Amendment Application After receiving State and Federal approval, Lodge Abbott submitted a site development plan, and was advised by staff that a PUD amendment to modify the Bald Eagle Management Plan was first required. On September 21, 2004, the BCC voted that the PUD amendment was limited solely to the Bald Eagle Management Plan, and the review process commenced. The amendment proposed by Lodge Abbott included additional mitigation but would have authorized development. The staff report recommended approval. The Collier County EAC reviewed the PUD Amendment on February 2, 2005 and recommended denial by a vote of 5-2. The Planning Commission reviewed the application on March 17, 2005, and recommended denial by a vote of 7-1. The BCC heard the Plan Amendment on May 10, 2005 and disapproved by a vote of 4-1. Litigation Lodge Abbott commenced litigation in June of 2005 with essentially an appeal of the Board's disapproval action. On May 1, 2006, Lodge Abbott served a Bert Harris Act Notice of Claim on the County based on the denial, claiming damages of approximately $300 million. Simply put, a Bert Harris Notice of Claim is required as a pre-condition to filing a Bert Harris lawsuit, and gives the government an opportunity to make an offer (including zoning changes) to satisfy the property owner. At its December 12, 2006 meeting, the Board authorized making a written settlement offer to Lodge Abbott. The path to final settlement included numerous hearings before the Planning Commission, and is summarized in the accompanying Chronology. The Settlement Agreement At its April 22, 2008 meeting the Board approved a Settlement Agreement, which was recorded by the Clerk on June 10th. With the economic downturn, no meaningful development was undertaken. *********** Lodge Abbott is requesting the following amendments to the Settlement Agreement and Release: 1. Revising the Cocohatchee Bay PUD, including a revised Bald Eagle Management Plan; 2. Removing the requirement to pay $3 million to County for affordable housing; 3. Removing the requirement to record restrictive covenants limiting the use of the Golf Course parcel to 2 residential units and to the uses in the PUD for golf course development, and remove the requirement that if golf course development area or golf course use is discontinued or abandoned, the golf course parcel shall be forever green open space; 4. Removing the maximum number of dwelling units of 590 units, and 5. Removing the requirement to merge R-1 and R-2 into a single R parcel. 2 Packet Page -123- 3/24/2015 12.A. LEGAL CONSIDERATIONS: The 2008 Settlement Agreement specifically contemplated that it could be amended by the parties. Whether the Board wishes to reopen the Settlement Agreement is a policy decision. The proposed amended agreement is approved as to form and legality. Typically an agreement would require majority vote for approval, however, as the issues in the proposed amendment are intertwined with the rezoning request, unless the changes are limited in scope (such as the request to eliminate the affordable housing provision), this item effectively requires four votes. -JAK FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider the proposed Amendment to Settlement Agreement and Release proposed by Lodge Abbott. If approved, the Chairman should be authorized to execute the Amendment to Settlement Agreement and Release. Prepared by: Jeffrey A. Klatzkow, County Attorney Attachments: 1. Chronology (with hyperlink to Public Hearing Transcripts) 2. May 1, 2006 Notice of Claim 3. January 4, 2007 County written settlement offer 4. Settlement Agreement 5. Proposed Amendment to Settlement Agreement, including revised Bald Eagle Management Plan 3 Packet Page -124- 3/24/2015 12.A. COLLIER COUNTY Board of County Commissioners Item Number: 12.12.A. Item Summary: Recommendation that the Board of County Commissioners consider the amendment to Settlement Agreement and Release proposed by Lodge/Abbott Associates, LLC and Lodge/Abbott Investments Associates LLC (owners of the Cocohatchee Bay Planned Unit Development) to allow the Cocohatchee Planned Unit Development to be amended. Meeting Date: 3/24/2015 Prepared By Name: AllenDebbie Title: Legal Office Administrator, CAO Office Administration 3/17/2015 8:54:02 AM Submitted by Title: County Attorney, Name: KlatzkowJeff 3/17/2015 8:54:04 AM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 3/17/2015 9:33:51 AM Name: isacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 3/17/2015 9:46:20 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/17/2015 10:01:53 AM Packet Page-125- CHRONOLOGY 3/24/2015 12.A. Cocohatchee Bay PUD Amendment/Settlement Agreement Board of County Commissioners and Collier County Planning Commission meeting transcripts and agenda documents referenced herein as#items with asteriks are available for online public viewing at: http://www.coiliergov.net/ftp/AgendaMarch2415/ExecOffices/cocohatcheecepcmtgtranscriptsagenda.pdf # DATE DESCRIPTION 1 June 8,2005 Lodge Abbott(Cocohatchee PUD property owner)files Petition for Writ of Certiorari in Circuit Court(Case 05-967-CA) against County seeking Court Order to quash 5/10/2005 BCC decision to deny Lodge's application to amend Cocohatchee Bay PUD and Bald Eagle Management Plan 2 May 1,2006 Lodge serves Bert Harris Act Notice of Claim on County for BCC denial of its application, alleging damages of approximately$300 million dollars 3 May 16,2006 Order in Case 05-967 (Writ)Granting parties' Stipulation to Stay case 4* December 12,2006 BCC Meeting approving County make formal written Settlement Offer to Lodge relating to the Bert Harris Act Notice of Claim 5 January 4,2007 County's written Settlement Offer to Lodge (to include Circuit Writ case) 6* July 24,2007 BCC agenda item for consideration of approval of proposed Settlement Agreement, continued, after County's receipt of Lodge's counsel email of same date requesting continuance to 9/11/2007 BCC Meeting; BCC direction for CCPC to provide recommendations to BCC on parties' proposed Settlement prior to any subsequent consideration by BCC 7 August 14,2007 Email from Lodge's counsel requesting revisions to proposed Agreement before CCPC review, resulting in item being pulled from scheduled CCPC Meeting 8/16/2007; acknowledging the 180 day time period for the County to respond to the Bert Harris Claim will not expire until Lodge contacts the County regarding their revised language to the proposed Settlement 8 September 13,2007 Lodge's counsel "acceptance"letter of County's 1/4/2007 written Settlement Offer; advising parties' ongoing discussions of terms of"Agreement" should not be construed as a rejection and"Agreement"in full force and effect 9 September 21,2007 County response to Lodge's counsel 9/13/2007 letter, rejecting analysis of"Settlement"; acknowledging Lodge's request for continuance of CCPC review of proposed Settlement; CAO opines BCC needs to approve Lodge's changes to the terms of the proposed Settlement Agreement 10 October 12,2007 Lodge's counsel response to CAO 9/21/2007 letter stating client's position is "Settlement"was reached at BCC Meeting on 12/12/2006 and if ongoing negotiations on terms of Agreement are not agreed upon, Lodge will abide by "Settlement Agreement" approved by BCC 12/12/2006 11* November 1,2007 Discussion at CCPC Meeting regarding 11/14/2007 special CCPC Meeting to review proposed Settlement,pursuant to BCC direction 7/24/2007; CCPC continues review indefinitely due to parties' ongoing negotiations of terms of proposed Settlement 12* November 27,2007 BCC discussion and clarification for CCPC review of proposed Settlement, advertised for 12/13/2007 CCPC Meeting 13* December 13,2007 CCPC Special Meeting,review of proposed Settlement; discussions on review involved issues related to County Staff processing and approval of Lodge's SDPs that are included in terms of proposed Settlement; CCPC approval to continue CCPC Meeting to 1/11/2008 to allow Staff review of further revision to proposed Settlement 14* January 11,2008 CCPC Special Meeting,review of proposed Settlement in context of the PUD and LDC regulations; CCPC approval to continue meeting until 2/14/2008 for final review 15* February 7, 2008 CCPC Meeting and approval for continuance of 2/14/2008 CCPC final review of proposed Settlement due to SDP processing to 2/25/2008 16* February 25,2008 CCPC Special Meeting on final review of proposed Settlement; CCPC approves proposed Settlement and recommends review by BCC 17* March 25,2008 BCC consent agenda item to consider approval of proposed Settlement Agreement and amended Cocohatchee PUD with bald eagle management plan; BCC continues to 4/22/2008 BCC Meeting 18* April 22,2008 BCC approves summary agenda item of proposed Settlement Agreement and amended Cocohatchee PUD with bald eagle management plan 19 June 10,2008 Fully executed Settlement Agreement Recorded by Clerk to the Board in Official Records Packet Page -126- 3/24/2015 12.A. LODGE ABBOTT ASSOCIATES,LLC, a foreign limited liability company registered to do business in Florida, Claimant, ORTINOINVESTIGATIONS vs. reived Date iNo 6 Time :,.r.ed Date ID# '/l COLLIER COUNTY, a Political Subdivision of the State of Florida, Respondent. NOTICE OF CLAIMS TO COLLIER COUNTY - . y' TO: COLLIER COUNTY ?= r, Attention: James V. Mudd, County Manager . Frank Halas, Chair County Commissioner David C. Weigel, County Attorney '' *= Claimant, Lodge Abbott Associates, LLC, a foreign limited liability company registered to do business in Florida,hereinafter referred to as"Claimant", serves the following notice upon Collier County, and states: 1. FACTS The Cocohatchee Bay PUD Approval 1. Collier County Ordinance No. 2000-88, passed December 12, 2000, approved a Planned Unit Development ("PUD") known as Cocohatchee Bay PUD for property described in Exhibit"A"hereto. This became the new zoning classification for the property. 2_ The property consists of 532 acres more or less and shall be referred to as the "Subject Property". AIN Packet Page-127- 3/24/2015 12.A. • 3. The PUD Ordinance authorized construction of a clubhouse and 590 units consisting of five residential towers (one 15-story building and four 20-story buildings) on the westerly parcel of the Subject Property and a golf course on the easterly parcel of the Subject Property. This was a "down zoning" and reduction of units from the 1758 allowable units under the prior zoning code. 4. In designing the project, Petitioner was required to protect wetlands under state, federal, and county regulations. A great percentage of the Subject Property is designated wetlands and, due to state, federal and county regulations, these portions cannot be used. The Claimant 5. The Petitioner for the rezoning, Vanderbilt Partners II, Ltd., was a contract • purchaser whose obligation to purchase was contingent upon the approval of the PUD. 6. Claimant,at all relevant times, was the contract assignee of Vanderbilt Partners II, Ltd. This was well known to Collier County. Reliance 7. In reliance on the passage of the PUD Ordinance, Claimant took record title to the Subject Property, expended substantial sums of money, and devoted substantial time and efforts toward development. In excess of$45 million dollars has been expended and this continues to mount. 8. As a condition of the passage of the PUD Ordinance, Collier County required Claimant to dedicate easements and deed certain portions of the Subject Property to Collier County. Claimant made these dedications and conveyances in reliance on the passage of the PUD Ordinance, and Collier County has accepted same. S 2 Packet Page-128- 3/24/2015 12.A. Then Applicable Standards Pertaining to Wildlife Protection 9. In the year 2000, the applicable provisions of Collier County Growth Management Plan("GMP")relating to wildlife protection provided: Policy 7.3.4: Until management guidelines are prepared, the County will evaluate and apply applicable recommendations of Technical Assistance to Local Government, and U.S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders. PUD Wildlife Provisions in PUD Document 10. In accordance with the 2000 GMP, the Cocohatchee Bay PUD Document contains an Environmental Section which requires compliance with the guidelines and recommendations of the U. S. Fish and Wildlife Service ("USFWS")and the Florida Fish and Wildlife Conservation Commission ("FFWCC")regarding any protected wildlife species. USFWS Guidelines and Policies 11. In the absence of a site-specific management plan, the guidelines of USFWS and FFWCC provide for"protective zones"around the eagle nest. Cocohatchee Bay Bald Eagle Management Plan 12. At the time the PUD was approved, a pair of bald eagles had nested in a dead slash pine tree located on the westerly portion of the Subject Property. 13. Under USFWS and FFWCC guidelines, a bald eagle management plan was required for this property because of the eagles'nest. 14. In accordance with USFWS guidelines, a Bald Eagle Management Plan (the "Eagle Plan") was developed for the PUD which provided that there would be no development in the primary zone surrounding the nest (750 ft. radius) so long as the eagles 3 Packet Page -129- 3/24/2015 12.A. remained — except for the golf course (which had no impact on the eagles). The Eagle Plan also provided that there would be no construction in the secondary zone(750- 1500 ft. radius) during nesting season so long as the eagles remained. 15. The protective zones called for under USFWS guidelines are the general "default" provisions in the USFWS guidelines when an individual site has not been studied, a site-specific management plan has not been devised, and alternative mitigation has not been considered. 16. However, the USFWS and FFWCC policy generally allow development around nests after site studies are conducted and site-specific mitigation plans are approved. 17. Similarly, the Eagle Plan for the PUD provided that the development restrictions could be removed should site conditions and/or management techniques change to • allow it after site-specific analysis. Collier County Eagle Management in Year 2000 18. At the time of ruling on the PUD application, Collier County did not have eagle expertise, had not adopted standards for the protection of endangered species and simply deferred to state and federal agencies for the management of bald eagles and for site- specific review and mitigation measures. 19. Collier County's deference to state and federal expertise was acknowledged not only in the GMP but also in the Land Development Code in effect in the year 2000 (LDC § 3.11.3). 2002 Amendments to GMP and LDC 20. In 2002, the amendments to the Collier County Growth Management Plan ("GMP") addressed protected species. Although there are provisions in the GMP which call • 4 Packet Page -130- 3/24/2015 12.A. for use of the USFWS protective zones in the absence of site-specific analysis, the amendments still provided deference to state and federal site-specific rulings. In keeping with the policy to defer to state and federal expertise, GMP Policy 7.1.2(3) states: The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations on a case by case basis. may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. (Emphasis supplied) 21. Following the GMP amendment,the Land Development Code was amended to conform to the GMP amendments dealing with protected species. These contain similar provisions requiring deference to state and federal site-specific rulings. 22. At all relevant times, it was Claimant's understanding that the 2002 amendments likewise called for deference to state and federal agency decisions. Current County Expertise on Bald Eagles 23. Collier County has not yet adopted guidelines or standards governing management of protected species or habitat for bald eagles nor do they have the staff with necessary expertise to devise site-specific species management plans. Bald Eagle Management Plan Amendment Process 24. The PUD Document required that any amendment to the Eagle Plan was to be reviewed by the Collier County Environmental Advisory Council ("EAC"). However, under the PUD document, modifications to the Eagle Plan were to be approved by staff. The EAC A 5 Packet Page -131- 3/24/2015 12.A. • review was a limited review for the purpose of determining if all approvals and permits had been obtained from all applicable state and federal agencies. Revised Bald Eagle Management Plan Approved by State and Federal Agencies 25. Claimant waited four years after approval of the PUD before progressing toward active development. By the year 2004, Claimant had successfully worked with USFWS and the FFWCC to obtain approval for an eagle mitigation plan to accommodate the development plan. The approvals by USFWS and FFWCC provide for Claimant taking mitigating measures by purchase of eagle mitigation habitat, the construction of an artificial nest tree in a preservation area adjacent to the Subject Property, and by conducting construction in phases toward the nest tree on the Subject Property slowly over time. • 26. The revised Bald Eagle Management Plan mitigation plan was approved by state and federal agencies. Claimant was issued "Incidental Take Permits" by the Army Corps of Engineers authorizing construction to proceed on the site. Site Development Plan Application 27. Claimant thereafter submitted Site Development Plans to Collier County for approval of the PUD golf clubhouse and residential dwelling units, citing that it had obtained the required state and federal permits. 28. In response to the submittals, staff deferred ruling citing the need for review by the Environmental Advisory Council. 29, Thereafter, Collier County decided that before ruling on the Site Development Plan, Claimant would have to obtain the approval by the Board of County Commissioners to amend the PUD document to reflect the revised Bald Eagle Management Plan, Claimant was S 6 Packet Page -132- 3/24/2015 12.A. J told to file a rezoning petition to formally amend the PUD Ordinance to modify the Bald Eagle Management Plan. PUD Amendment Application and Application of GMP and LDC 30. Claimant complied with the request and submitted a Petition for PUD amendment to modify the Bald Eagle Management Plan to conform to the USFWS and FFWCC approvals(the"Petition"). 31. Staff reviewed the Petition and recommended its approval, citing the mandated deference to state and federal rulings. 32. The Environmental Advisory Council of Collier County reviewed the Petition on February 2, 2005 and recommended its disapproval. 33. The Planning Commission of Collier County reviewed the Petition on March 17, 2005 and recommended its disapproval. 34. The Board of County Commissioners reviewed the Petition on April 12, 2005 and also voted to deny its approval by vote of 4 to 1,notwithstanding that all state and federal permits had been obtained. 35. In so ruling, the Board of County Commissioners applied the newly-adopted GMP and Land Development Code provisions to the effect that Collier County would no longer defer to the rulings of the state and federal agencies and simply would not allow any development in the protective zones, no matter that appropriate mitigation was offered which provided alternative suitable habitat. 36. Collier County now asserts that the language mandating deference to state and federal permitting is ambiguous, resulting from a "glitch" in its 2002 Land Development 7 Packet Page -133- 3/24/2015 12.A. • Code and GMP amendments and has applied the Code and GMP to the effect that there is no deference to state and federal permitting and no development of the property will be allowed in the protective zones. H. DAMAGES 37. As a result of Collier County's actions, Claimant has been damaged in the following respects: (a) The difference in the fair market value between (1) the Subject Property as though it could be developed in accordance with the approved PUD plan with the Amended Bald Eagle Management Plan, and (2) the Subject Property with the current Bald Eagle Management Plan in effect—$239,890,000,plus interest. (b) The monies expended toward development--in excess of$45,000,000, • plus interest. (c) If Collier County's denial is later retracted or overruled, Claimant will be damaged by the loss of the fair market rate of return on the use of its property during the time that Collier County prevented its use. 38. A bona fide appraisal supporting the damages set forth in (a) above is attached as Exhibit"A". III. j NOTICES Bert Harris Private Property Act, Fla. Stat. § 70.001 39. Once permits from applicable state and federal agencies were obtained, Claimant had a"vested right"within the meaning of Fla. Stat. § 70.001 to develop the Subject Property in accordance with the SDP plans submitted. • 8 Packet Page -134- 3/24/2015 12.A. 40. Alternatively, Claimant had a "reasonably foreseeable, non-speculative" expectation to receive approval from Collier County to go forward with its development once state and federal permits were obtained. This constituted an "existing use" within the meaning of Fla. Stat. § 70.001. 41. Alternatively, as a result of the application of the 2002 amendments to the Subject Property, Claimant is left with a use that is unreasonable such that it permanently bears a disproportionate share of a burden imposed for the good of the public which, in fairness, should be borne by the public at large, as set forth in Fla. Stat. § 70.001. 42. Collier County's actions constitute an "inordinate burden" on the Subject Property within the meaning of Fla. Stat. § 70.001. 43. Claimant hereby gives notice of its intent to seek compensation under Fla. Stat. § 70.001. Request for Settlement Negotiations and Ripeness Decision 44. Claimant invites the County to meet with Claimant over the next 180 days to engage in settlement discussions and, if an impasse is reached, to make a ripeness decision as set forth in Fla. Stat. § 70.001. Florida Constitution Article X 45. The actions of Collier County also have so unduly restricted the right of Claimant to use its property and have so impacted its investment-backed expectations as to the reasonable economic beneficial use of the Subject Property so as to constitute a "taking" within the meaning of Article X of the Florida Constitution. This "taking" is temporary and/or permanent in nature. 9 Packet Page-135- 3/24/2015 12.A. 46. Claimant gives notice of its intent to seek compensation under Article X of the Florida Constitution for a temporary and/or permanent taking. Federal Claims—Reservation of Rights 47. Claimant gives notice of potential claims arising under 42 U.S.C. § 1983. Claimant hereby reserves all rights guaranteed to it under the United States Constitution including,but not limited to: (a) Fifth Amendment—taking of private property for a public purpose; and (b) Fourteenth Amendment — substantive due process, procedural due process, equal protection. DATED this 2g day of 1i/ i r ,2006. Respectfully submitted, JONES,FOSTER,JOHNSTON&STUBBS Attorneys for Claimant 505 South Flagler Drive, Suite 1100 P.O.Box 3475 West Palm Beach FL 33402-3475 561-659-3000 561-650-0422(fax) B Y Margaret L. ooper,Esq. Florida Bar No: 217948 mco oper(j ones-foster.corn N:\NMLC\23396-2\pleadings\bert harris pleadings\noiice of ciaims.doc 10 Packet Page -136- 3/24/2015 12.A. SERVICE LIST David C. Weigel,Esq. Collier County Attorney 3301 East Tamiami Trail Naples,Florida 33112 James V, Mudd Collier County Manager 3301 East Tamiami Trail Naples,Florida 34112 Frank Halas,Chairman Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 N:\MLC\23396-2\pleadingslbert hams pleadingslnotice of claims.doc A 11 Packet Page -137- 3/24/2015 12.A. _GI.L(F4, • si l • COLLIER COUNTY DAVID C.WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Heidi F.Ashton Naples,Florida 34112-4902 Jennifer A.Belpedio Telephone:(239)774-8400 Ellen T.Chadwell FAX:(239)774-0225 Colleen M.Gmenc Jacqueline W.Hubbard Jeffrey A.Kiatzkow William E.Mountford Thomas C.Palmer Michael W.Pettit Marjorie M.Student Scott R,Teach Jeff E.Wright Robert N.Zachary January 4,2007 Via Email: ryovanovich(a ecliaw.com; ►ncooper(rrliones-foster.com and Regular U.S.Mail Richard Yovanovich,Esq. Goodlette,Coleman&Johnson,P.A. • 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Margaret Cooper, Esq. Jones, Foster,Johnston&Stubbs, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach,FL 33401-5950 RE: Settlement Offer from Collier County to Lodge Abbott Dear Mr. Yovanovich and Ms. Cooper: As you know, on December 12, 2006, the Board of County Commissioners of Collier County directed the Office of the County Attorney to make a written settlement offer to your client, Lodge Abbott Associates, LLC("Lodge")to resolve any and all claims Lodge has or may have against Collier County that relate or refer in any way either(1)to the so-called Cocohatchee Bay Project or PUD No. 2000-88, whether as amended or otherwise, or (2) the Bald Eagle Management Plan, whether as amended or otherwise, for that PUD. Without limitation, therefore, this settlement offer shall resolve all claims under the Bert J. Harris, Jr., Private Property Protection Act("Harris Act")in accordance with Section 70.001(4Xb)of the Harris Act as well as the lawsuit currently pending in Collier County Circuit Court styled Lodge Abbott Associates, LLC v. Collier County, Case No. 05-967-CA. • The offer authorized by the Board is as follows: 1 Packet Page -138- 3/24/2015 12.A. "J 1. The settlement documents will consist of the original PUD No. 2000-88, the revised Bald Eagle Management Plan for that PUD ("Planned Unit Development"), a copy of which is attached to this letter, and a fully executed settlement agreement which shall expressly state any acceptable deviations in development standards from the original PUD. Absent an express term in the settlement agreement, the original PUD will control. 2. The settlement shall be contingent upon three site development plans ("SDP") that Lodge has submitted being approved by the County, in accordance with the rules and regulations of the County as well as the development standards set forth in the original PUD and as may be varied by the express terms of the settlement agreement. These three site development plans are AR5282, AR5283 and AR5284. 3. The County will expedite the review of the SDPs and all future building permit applications submitted by Lodge or any subsequent purchasers of the property. The existing environmental impact statement ("EIS") does not need to be amended unless the SDPs are substantially amended. In this instance, a substantial amendment shall mean an increase in wetland impacts beyond the impact permitted by the South Florida Water Management District and the Army Corps of Engineers by more than five(5%)percent. 4. Lodge agrees to contribute $3 million to the County for affordable workforce housing. Payment shall be made at the rate of $600,000 for each of five (5) residential condominium buildings to be built by Lodge at the time each building permit is issued. This payment shall be a credit against any affordable workforce housing fee adopted by the County. If no fee is adopted or if the fee is less than the payment set forth,the County shall retain the excess payment. 5. Within fifteen (15) days of the approval of the latter of the three SDPs, Lodge shall contribute the sum of $3 million to the County to fund Vanderbilt Drive improvements and bridge enhancements. No impact fee credits shall be given for payment of this sum. Lodge recognizes that the County may request an additional contribution equal to the proposed road impact fees due for 590 dwelling units to assist the County in funding the construction of the Vanderbilt Drive corridor improvements. Any such sums paid over the initial $3 million shall receive road impact fee credits. 6. Lodge and the County agree that the Cocohatchee Bay PUD shall be exempted from the County's PUD sunsetting provisions within the Land Development Code ("LDC") until the latter of the three SDPs are approved. At that point, the five year sunsetting provisions now in effect in the LDC (see LDC Section 10.02.13(D)l.a.) shall govern. Lodge still shall be obligated to provide annual PUD monitoring reports. 7. As each residential condominium building receives a certificate of occupancy, Lodge shall record restricted covenants on one-fifth (1/5) of what is known as the GC Parcel, restricting use of the entire GC Parcel to two (2)residential units and the uses described in the PUD for the golf course development area. These restricted covenants shall each provide that if the golf course development area is ever discontinued or abandoned for any reason,then that portion of the GC Parcel used for the golf course development area shall remain as green open space and 2 Packet Page -139- 3/24/2015 12.A. • be limited in perpetuity to the uses expressly allowed in paragraph 5.3 of PUD No. 2000-88 for the Preserve Parcel. 8. Lodge shall construct a pathway ten (10) feet in width on the western side of Vanderbilt Drive (consistent with the Comprehensive Pathways Plan adopted by the County in 2006) in lieu of building a sidewalk on Wiggins Pass Road and a sidewalk on the east side of Vanderbilt. This construction shall be accomplished by Lodge with Lodge's funds and shall commence upon the issuance of the first building permit for the Cocohatchee Bay PUD Project. 9. Building Five as shown on the revised Bald Eagle Management Plan attached to this letter shall be increased from fifteen (15) to seventeen (17) habitable floors, but shall not exceed 175 habitable feet in height. 10. The maximum number of dwelling units to be constructed by Lodge shall not exceed 590 units. Of these, 588 units shall be multifamily; the other two(2)units shall be single family units to be built on the (3C Parcel. The development standards for the single-family dwelling units on the GC Parcel shall be as follows: minimum lot area— 6,000 square feet; minimum lot width — sixty (60) feet; front yard setback from internal road — twenty feet; front yard accessory building including parking structure — twenty (20) feet; side yard — seven point five (7.5) feet; rear yard—twenty(20) feet; rear yard for the accessory building— ten (10) feet;maximum building height—eighteen (18) feet; maximum floor area — 1200 square feet; each single family dwelling unit shall be set back a minimum of 200 feet from the north and past boundaries of the POD Project_ 11. What has been referred to as the R-I and R-2 parcels shall be replaced by a single R parcel as set forth in the Master Plan, Exhibit A. The development standards for the R parcel are as set forth in the high rise multifamily dwellings portion of Table 1 of Section 3 of POD No. 2000-88 (except as may be expressly modified by the settlement agreement). 12. If there are additional changes to the Bald Eagle Management Plan required by federal or state agencies, no further County PUD amendment process shall be required. Lodge, however, shall be required to notify the County of any such changes required by state or federal agencies, which will then require an administrative change by the County to any of the previously approved SDPs or site plans under review or that have been approved by the County. 13. Lodge shall release and forever discharge the County of any claims Lodge has or may have referencing, relating or referring in any way, whether directly or indirectly, to the Cocohatchee Bay Project, PUD No. 2000-88 or the related Bald Eagle Management Plan through the date the settlement documents are approved for signature by the County including, without limitation, all Harris Act claims and the claim asserted in Case No. 05-967-CA. This release shall be a paragraph in the settlement agreement and shall be effective as of the date the Board approves the form of settlement agreement for signature. 14. In the event of a third party challenge to the settlement agreement,the County and Lodge agree to work cooperatively to defend the settlement, In this regard, the County and Lodge shall each seek to become parties to any such challenge proceeding if one or the other of them is not named as a party in the first instance. • The County and Lodge shall each bear their own costs and attorney's fees in any such proceeding. 3 Packet Page-140- 3/24/2015 12.A. 15. If any third party challenge to the settlement should ever be successful, after exhaustion of all appeals or other requests for review or reconsideration, then the County agrees to return all money provided by Lodge under the settlement upon sixty (60) days written notice from Lodge and to allow Lodge to retain the Bald Eagle Management Plan as permitted by the settlement to the extent allowed by law. 16. The settlement shall be binding upon Lodge's and the County's predecessors, successors, assigns, officers, employees, owners, elected officials, ex-elected officials,ex-employees,insurers,principals and representatives. 17. Any conservation easement that has been granted to any federal or state agency or local government must be reviewed to determine if there is any prohibition on including any shoreline subject to the easement for the purpose of calculating the number of boat slips/docks for which Lodge may apply. In addition, as you both know, there was discussion regarding boat docks at the meeting on December 12, 2006. At this time, the question of whether a shoreline otherwise subject to a conservation easement can be used to calculate the number of slips/docks for which Lodge can apply would seem to be determined by the language in any applicable easement. It is understood,however,that any docks associated with the Project shall be subject to all permitting and regulation requirements and that no docks or rights to docks are being granted pursuant to this settlement offer. /'1 Please call either me or Marjorie Student-Stirling if you have any questions. Very truly yours, "ae Michael W.Pettit Chief Assistant County Attorney MWP/nfb Attachment cc: David C.Weigel,County Attorney Marjorie Student-Stirling,Assistant County Attorney James V. Mudd,County Manager Joseph Schmitt, Administrator, CDES 04-COA-OI017/413 A 4 Packet Page-141- Retn: 4176441 OR: 4368 PG: 2345 3/24/201512.A. CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COOATY, FL COPIES 97.00 IATEROFFICE 4TH FLOOR 06/10/2008 at 10:46AM DWIGHT E. BROCK, CLERK KIT 7240 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement and Release") is made and entered into on this`A}1�day of ,Lir,e__, , 2008 by and between the Board of County Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge"). WITNESSETH: WHEREAS, on or around May 10, 2005, the County denied Lodge's Planned Unit Development ("PUD") Amendment request, a request that more specifically asked for an amendment to the PUD's Bald Eagle Mgmen - lea; and• WHEREAS, the Pub i esti n s also son times`referred to as the Cocohatchee \\\ \ / s a Bay PUD; and / _'--''/0 l I m /—\ / / /mot - 1\i-- 577 7;1 WHEREAS, Lodge filed 4 pst(tion°for ejo: ii h� Twentieth Judicial Circuit in 1 (-,,,k L„,,,,t\ U) 1 47,and for Collier County, Flartaa to`atta`—the' ity s'tletisxafis concerning the proposed \"`°''`\ `;I<, //,. / amendment amendment to the PUD's Bald-Eagle Management P1an1,�tha`t-^vase being styled Lodge Abbott Associates, LLC v. Collier County; as -e I&.967-CA, ad WHEREAS, on or around May 1, 2006, Lodge submitted a notice of claim to the County purportedly, among other things, pursuant to the Bert J. Harris, Jr., Private Property Rights Protection Act ("Bert Harris Act"), Section 70.001 et seq.,Fla. Stat.; and WHEREAS, in accordance with Section 70.001(4)(c) of the Bert Harris Act, the County met at a regularly scheduled meeting on December 12, 2006 and authorized the making of a written settlement offer to resolve any and all claims Lodge had against the County; and WHEREAS, this Agreement and Release protects the public interest served by the regulations at issue. 1 2/28/08 revision Packet Page -142- OR: 43 6 r 3/24/2 015 12.A. NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement and Release, the sufficiency of which is acknowledged, and with the intent to be legally bound, Lodge and the County mutually agree to the following: 1. The County and Lodge agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses"by reference into this Agreement and Release. 2. The settlement documents will consist of the original PUD Ord. No. 2000-88 (Exhibit 1), the amended PUD (Exhibit 2), the revised Bald Eagle Management Plan for the amended PUD (attached as Exhibit `B" to the amended PUD), a phasing diagram entitled "Cocohatchee Bay Golf Course Exhibit" - hiil d a Pathway Depiction (Exhibit 4). f � 4 This Agreement and Release,-xpr ss1y states the ac tsle deviations in development /r \ standards from the original PUID, bseut atrxpresif`term n his`Agreement and Release, the 2 original PUD will control. ft a i� ,/ J ` 3. The settlement b nti��gept up* tl ' site development plans ("SDPs") that Lodge has subtriitted being approved y the`1Caunty, in accordance with the .-7 'w rules and regulations of the County:as'vvelLass_the opment standards set forth in the original PUD PUB and as may be varied by the express terms of this Agreement and Release. These three SDPs are identified as AR5282, AR5283 and AR5284. 4. The County will expedite the review of these three SDPs and all future building permit applications submitted by Lodge. The existing environmental impact statement ("EIS") does not need to be amended unless the SDPs are revised to increase wetland impact beyond the impact currently permitted by the South Florida Water Management District and the U.S. Army Corps of Engineers by more than five(5%)percent. 5. Lodge agrees to contribute $3 million to the County for affordable workforce housing. Payment shall be made at the rate of $600,000 for each of five (5) residential 2 2/28/08 revision Packet Page -143- OR: 4368 Dr_. d14-1 3/24/2015 12.A. condominium buildings to be built by Lodge at the time each building permit is issued. This payment shall be a credit against any affordable workforce housing fee adopted by the County. If no fee is adopted or if the fee is less than the payment set forth, the County shall retain the excess payment. 6. Within fifteen (15) days of the Effective Date of this Settlement Agreement, Lodge shall contribute the sum of$3 million to the County to fund Vanderbilt Drive corridor improvements and bridge enhancements. No impact fee credits shall be given for payment of this sum. Lodge recognizes that the County may request additional contributions up to the proposed road impact fees due for 599-4 u; omits to assist the County in funding the construction of the Vanderbilt DIQ Bridge enhanceif is _.No such additional contributions shall be required, however until the County-prevides evidence that all parties have spent $5,500,000.00 on the Vanderbilt Drive Bn g enhancements.$ Any such sums paid over the initial $3 million shall receive road ii pac°f/ fee-,creditsy:{{-`No ing in this Agreement and Release, however, is intended` ,n\or shall it restrict m anyway the County's ability under applicable laws, ordinances or s .requir.e fi#tv.pe cent (�5/0(%) of all transportation impact fees upon approval of the SDPs. These funds shall be refunded to Lodge should Lodge be permanently prevented from commencing construction based upon actions by any governmental entity or any third party. County shall be entitled to retain these funds without any need for reimbursement upon the earlier of(1) Lodge's commencement of construction of the first tower, or (2) the exhaustion of time to file any third party challenge with respect to any matter concerned by this Agreement and the attachments hereto. 7. Lodge and the County agree that the Cocohatchee Bay PUD shall be exempted from the County's PUD sunsetting provisions within the LDC until the Effective 3 2/28/08 revision Packet Page -144- OR: 4368 Dt'. 11/10 3/24/2015 12.A. Date of this Settlement Agreement. At that point, the five year sunsetting provisions in the LDC shall govern. Lodge still shall be obligated to provide annual PUD monitoring reports. 8. As each residential condominium building receives the first certificate of occupancy or temporary certificate of occupancy, Lodge shall record restrictive covenants on one-fifth (1/5) of what is known as the GC Parcel, and when all five covenants are recorded, they will restrict the use of the entire GC Parcel to two (2) residential units and the uses described in the PUD for the golf course development area. The phasing diagram of this requirement is attached as Exhibit 3. These restrictive covenants shall each provide that if the golf course development area or gol, irse`4e-.is ever discontinued or abandoned for then r n" rte" + . . the golf any reason, then all of the GCfi1 arcT, including wi hoot mitation the entire golf course development area, except for those portion aiiowe2lt for the two (2) residential units, shall t (`' ..' y4 remain forever as green open space ana innitectqn pep ttr`ityj to the uses expressly allowed 4 1 t1 € ( i , in Paragraph 5.3 of the ar ' dedttD`Preserve l arcef'4 Ariy; e°visions to these restrictive covenants will require a supei n jority vote of the Be ird of.0 unty Commissioners. 9. To fully satisfy its obti ations to_cant ,sidewalks along adjacent off-site public roads, Lodge shall construct a pathway ten (10) feet in width on the western side of Vanderbilt Drive (consistent with the Comprehensive Pathways Plan adopted by the County in 2006) in lieu of building a sidewalk on Wiggins Pass Road and a sidewalk on the east side of Vanderbilt Drive. The pathway is depicted in Exhibit 4. This construction of the pathway shall be accomplished by Lodge with Lodge's funds and shall be completed upon the issuance of the first certificate of occupancy or temporary certificate of occupancy for the first residential condominium building within the Cocohatchee Bay PUD Project. 10. Building Five as shown on the revised Bald Eagle Management Plan attached as Exhibit B to the amended PUD shall be increased from fifteen (15) stories to seventeen 4 2/28/08 revision Packet Page -145- OR; 4368 son 3/24/2015 12.A. (17) stories, but shall not exceed 175 feet in Building Height, as defined in Paragraph 3.5 entitled "Amended Cocohatchee Bay Community Development Standards" of the amended PUD, and Footnote 2 thereto. 11. The maximum number of dwelling units to be constructed by Lodge shall not exceed 590 units. Of these, a maximum of 590 units may be multi-family and constructed on the R Parcel. However, two (2)units of the 590 may be single family units to be built on the GC Parcel. The development standards for the single-family dwelling units on the GC Parcel shall be as set forth in Section 4.4 in the amended PUD, attached hereto as Exhibit 2. 12. What has been referred...to 1`and R-2 Parcels shall be replaced by a single R parcel as set forth in�tl /.--;,\A s PUD Mast r ,attached to the amended PUD. i` The development standards/for t ie azcei-are--aa s et forth in Table II of Paragraph 3.5 of the amended PUD (except as rraay cpressl g r ovif e ,t n Agreement and Release). 13. If there are°° d i tionai c�s fo e Bat fag Management Plan required by federal or state agencies,\nSurther County PUD-anaendraaent process shall be required. \" "� rF The County acknowledges that th An4 tided..Bald-Fagle" IMnagement Plan is in compliance with the County regulations. Lodge shall be exempt from any County regulations that may be adopted in the future applicable to the Bald Eagle and the County shall defer to the state and federal regulatory permitting process relating to the Bald Eagle Management Plan and issues related thereto. Lodge, however, shall be required to notify the County of any such changes required by state or federal agencies, which will then require an administrative change by the County to any of the previously approved SDPs under review or that have been approved by the County. Any change to the construction sequencing shall be considered an insubstantial change to the SDP. 14. The Cocohatchee Bay PUD is hereby amended as set forth in Exhibit 2. 5 2/28/08 revision Packet Page -146- OR: 4368 1" . 3/24/2015 12.A. 15. Lodge shall and hereby does without limitation release, waive and forever discharge the County, its present and former elected or appointed officials and employees, insurers, sureties, agents, attorneys, and representatives of any and all claims, causes of action, costs, expenses, attorneys' fees, or charges of any kind that Lodge has or may have that arise from, or reference, relate or refer in any way, whether directly or indirectly, to the Cocohatchee Bay Project, PUD Ord. No. 2000-88, the related Bald Eagle Management Plan or any amendment or proposed amendment to the PUD Ord. No. 2000-88 or the Bald Eagle Management Plan through the date this Agreement and Release are approved and authorized by the Board for the Chairman's sigrlatncI a g..without limitation all Bert Harris Act Cif ' 'c�.�''� h[�7(� 4 1 o n shall be immediately claims and the claim asserted In-easti No. 05-96,—CA pis release shall be immediately r, effective upon the County/ a s /r a f'`tne—i- DPs in ccordance with the terms and i r^ ^' E �v r"1 �' � conditions set forth in qise. I 16. In the even,of,a rid party challenge ca-thisgreement and Release, the County a n d Lodge agree tok ,cooperatively to ilefendiftikkgreement and Release. In this regard, the County and Log halt-eacek-td-4i*time parties to any such challenge 1 proceeding if one or the other of them is not named as a party in the first instance. The County and Lodge shall each bear their own costs and attorney's fees in any such proceeding. 17. If any third party challenge to this Agreement and Release should ever be successful, after exhaustion of all appeals or other requests for review or reconsideration or federal permit conditions prevent Lodge from being able to develop the project consistent with the amended PUD Master Plan then the County agrees to return all money provided by Lodge under this Agreement and Release upon sixty(60) days written notice from Lodge and to allow Lodge to retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. In addition, if Lodge is ultimately unable to obtain 6 2/28/08 revision Packet Page -147- OR: 4368 "' "'1 3/24/2015 12.A. required federal permits for the SDPs as referenced in this document and is therefore unable to build this project (exclusive of any federal permits or approvals for docks), Lodge likewise will be entitled to a refund of all money provided under this Agreement and Release within sixty (60) days of written notice from Lodge and Lodge shall retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. 18. Nothing in this Agreement and Release or the settlement documents shall be construed or interpreted to confer any right to docks or any particular number of docks. 19. The Agreement and Release shall be binding upon Lodge's and the County's predecessors, successors, assigns, off cers. re e and former employees, owners, present and former elected or appointed ciis, insurers, ;:gais,and representatives, who shall work together in good faith to accomplish then tent.of this A ee lment and Release. 20. This Agreementiand sReleak •ShallT e governed by the laws of the State of € , Florida. 21. This Agreement Agreemenfdand Release may be amended`only by a written instrument specifically referring to this Agrees eni mad,. eR lease-nd ciccuted with the same formalities as this Agreement and Release. This Ag e men d Release supersedes all prior discussions and representations and contains all agreements of the parties. 22. The County and Lodge acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision that my exist in this Agreement and Release is to be construed against any party either based upon a claim that the party drafted the ambiguous language or that the language in question was intended to favor one party or the other. 7 2/28/08 revision Packet Page -148- OR: 4368 I". "" 3/24/2015 12.A. 23. The Effective Date of this Agreement and Release shall be the date upon which the Chairman of the Board of County Commissioners of Collier County, Florida, executes this document. 24. The County and Lodge acknowledge and assume the risk that additional, different or contrary facts to the facts which they believe exist may now exist or may be discovered after this Agreement and Release has been entered into, and they agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. The County affirmatively states that it is not aware of any facts that would prohibit the construction of theprcre -t as, harized by the PUD and this Agreement and Release or the enforceabiiity greement an ase. Lodge affirmatively states that it is not aware of any fact`�wottld proIu it the construction of the project as authorized by the PUD d ;`tii 'Agreemerit and 1 or the enforceability of this, , , Agreement and Release. i; 1 r ' , ; A 1 'r 25. In the event of: bleach of this Agree mentian Release, either party to this \,,f-- N Agreement and Release may enf rms n---thr Oventieth Judicial Circuit in and for Collier County, Florida. In this respect, the bounty and Lodge shall request that the Court in Case No. 05-967-CA approve this Agreement and Release as part of a stipulated judgment and retain jurisdiction to enforce this Agreement and Release's terms and award any other ancillary relief for the breach should such be necessary. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK REMAINING SIGNATURE PAGE TO FOLLOW 8 2/28/08 revision Packet Page -149- OR: 4368 3/24/2015 12.A. ATTEST:;: ` BOARD OF COUNTY COMMISSIONERS DWIGHT E,$ROCK, CLERK COLLIER CO TY, F ORIDA By: /7 / �,. Y' �'. � � By: _ 111 r A ° n%to Chg f. ft-puty lerk TOM HENNING, CHAI• signature on�'i, ,,' - WIT 1 S ES; / _/ L J Signed Name Cdt 440e,EWYck Print-s Name / / eZ4e....„,,,,._‘. Si-it. Name ,. 2„a - j BOTT ASSOCIATES, LLC •. 1�2. /9/J 0 �'. Z/W7/4#1,--) �(}ITS: i�l�/l�R 11 J: Printed Name ' °"`. t / / f r �.`° \ °-,f" \ \\ Ape oved as to form r t °` � \ l and e! : St _ - - ( E t 3 -:if _ r 1\. e¢ ' t1, :-, .., , f! f '',...7 Je 1 ' A. KI ow /...L-,<` Co .. y Atto y c- \ ,/ f 9 2/28/08 revision Packet Page -150- OR. 4368 PC-.3/24/2015 12.A. a. 110 ORDINANCE NO.2000- 8 8 <re,��Llft'ft' 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-I2(ST)(3),RMF-12(3),RSF-3 (ST)(3), RSF-4 (3), and RSF-4, TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING UNITS AND RECREATIONAL FACILITIES INCLUDING A GOLF COURSE AND CLUBHOUSE LOCATED-0 THE NORTHWEST CORNER OF WIGGINS PASS' 'Asp •_ C.( ) VANDERBILT DRIVE (C.R. 90I) IMF &TI;.. 9-1gJ , AN 0, TOWNSHIP 48 SOUTH, RANG :`,25 EAST, COLL a .COUNTY, FLORIDA, CONSISTING/,OF 532± ACRES; AND 'i.--PROVIDING AN EFFECTIVE,DATF. WHEREAS,Karen Biahop o [acs;rep ting�jVanderbilt Partners II, LDT.,petitioned the Board of CountylCC to oonn to the Diming classification of the herein described refit prof ,2 ,/ r NOW, THEREFORE BE IT ORDAINED by°the Board of`Conmty Corhmissiarers or Collier County,Floods,,"ihat: '�' j ✓ . / • - SECTION ONE: `" M w The zoning classification herein "` lxiiireal..pioperty located in Sections 8, 16, 17 and 20,Township 48 South,Range-25-E.ast,--Ca li-ei County,Florida,is changed from RSF-3 (3),A(ST),RMF-6(ST)(3),RMF-6(3),RMF-l2(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. SEkTION TWO; This Ordinance shall become effective upon filing with the Department of State. Exhibit 1 to Settlement Agreement and Release Packet Page -151- OR: 4368 3/24/2015 12.A. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 1?day of 2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLO• DA ATTEST:. 0 I,�// /BY: JAMES D.CARTER,PhD.,CHAIRMAN Y • ✓are /"•L+ D GHT E.BROCK,Clerk Attest as to Chairman'S signature only. secretory ordinance filed with the Secretory of 5 te's Office the Approved as to Form -� 'r tdoy of ; and Legal Sufficiency ' 1 - °+ one ockrww:cCge*�nJl cf rtiu /p lilrl�f e1VR� tn:S GX� Y r" ° iSY ° a/ ,/?/j, Z, f `� „e"'--` 1\ Marj M.Student f' - Assistant County Attorney LL v t ‘LC, / 1 ti N f• q 2- Packet Page —152— OR: 4368 " '1"r 3/24/2015 12.A. 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 CQ j /,(..)% PREPARED FOR: / t �- 7\77! i VANIERBILT PARTNERS II,LTD, ( ) ; t tom` \ ` PREPARED BX.-, 3 \PMS,INC.OF NAPI F§1/ 2335,rAMIAMI TRAIL N,`O$T H IS ivy► , x.5411: " DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER lam°-BT AMENDMENTS AND REPEAL DOCUMENT DATE 12/14/00 EXHIBIT"A" Packet Page -153- OR: 4368 3/24/2015 12.A. INDEX PAGE List of Exhibits and Tables II Statement of Compliance III SECTION I Property Ownership,Legal Description and Short Tide 1.1 SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 SECTION IV Golf Course/Open Space 4.1 SECTION V Preserve,.Di 5.1 SECTION VI Ger -ra;13evelopment Co rents 6.1 / I( I u( \ .1„/CHI , `" \ jj ! fir' ° '� 1 Packet Page -154- OR: 4368 "^• 1"" 3/24/2015 12.A. LIST OF EXHIBITS AND TABLES EXHIBIT"A" Planned Unit Development Master Plan EXHIBIT"B" PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan TABLE I Land Use Summary TABLE II Development Standards �R C' \� I it( \!/` ) ) \ ; L� , is LMr -, i 11 Packet Page -155- OR; 4368 Da° 7"Ca 3/24/2015 12.A. 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 Developmcni-ii tible wilkani is mplementary to existing and future surrounding uses'ai g land / jregvirrd in Policy 5.4 o 'th�e�Pture Land Use Element. 5. The property was down"-zotred: uringngg Re-e,valuation Process which resulted in an action establishing seve�nic drstrmts.and tensitres. Parcel I J , 1 11 6cres ' V RSF 3�t \ �i 3337 units Parcel 5 4 F lti61.6.11cres, / 1 RSF$ J 646.52 units Parcel 6-\`7 k`4.3.E°5 ages" ' RSF ( , 39.45 units Parcel 7-t \ 69.61 acres `NSF-3st 3 1 i ( ) , = 208.83 units 4:(3)/C37/ R 6(3) \ 4 ? ti RMF-6stt(3) Parcel 8 04.60 ` tM 42(3) - 583.80 units ___F R1b1F-12st(3) Parcel 9 1.26 acres RMF-12st(3) - 3.78 units Parcel 10 80.65 acres RMF-l2st(3) - 241.95 units RMF-6st(3) 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. m Packet Page -156- OR: 4368 Pr! 73 fin 3/24/2015 12.A. 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 Division 3.15,Adequate Public Facilities,of the Collier County Land Development Code(LDC). \\\ .,, / r t\� ° ,/ � fl I K .fir% r� /` A F' (1,,/ / lv Packet Page -157- OR: 436 3/24/2015 12.A. 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"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; JNAF ER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE:91 'gAID(O MENT LOT 4 AND THE WESTERLY PROLONGATION OF S/A jj`Cl'I'H C1 36.71 FEET,TO AN INTERSECTION WITH AN AGREED'1309NDARY LINE AS R1✓C0IIDI D IN O.R.BOOK 87,PAGES 439 THROUGH 447(SPUR dVEyOR'-S-NOTE ALTHOUGH O:t.BOOK 167,PAGE 692 AND O.R. BOOK 218,PAGE 484 114131CATE T kATIHE AGREED BOUNDARY LINE IS FOUND IN O.R.BOOK 68,PAGE,23 -1'H;*AIH�I,6S,s iD TATICE ARE IN EFFECT THOSE RECITED IN A LA'I, R i70OhA 3 o) Q �, DEEDS O.R.BOOK 87,PAGES 439 THROUGH 447),QI1\THE P(TB .tC DS()F",CO [> R COUNTY,FLORIDA; THENCE RUN N. ;1l "WT`;ANe-S ID B01JND 'Y LINE,FOR 300 FEET;THENCE RUN N.3°00'00'V ,,�4 ,ONG SAID AGREE BOpND RY LINE,FOR 961.43 FEET (SHOWN IN ERR R AS 96130 FEET W 1' IE OFFK14 RECORDS);THENCE RUN N.67°30'00"W.ALONOSAID AGREED BOUT & RYL1NE,FOR 139799 FEET(SHOWN IN ERROR AS 139701., .III THE OFFTCIA `RECORDS );THENCE RUN N.22°31'00"W.,(SHOWNN Olt ORJ.Q2°3:0'()0"W.IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOON . E;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 I1Eht;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 Packet Page-158- OR: 4368 l 3/24/2015 12.A. 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 26834 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,COJ-I.IFR COUNTY,FLORIDA,EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF AY-OF-.STATE ROAD S-865A(VANDERBILT DRIVE). PLUS ANY LAND ADDER BCCRETION OR RELICTION,AND LESS AND ACCEPT ANY LAND L aST:, EFROM- rS MERGENCE OR EROSION. PARCEL 8 it/ BEGINNING AT THE'SO ' AST COB 4ER OF SECTION 17,TOWNSHIP 48 SOUTH, RANGE 25 EAST',COLLIER C' M • i.TN 1,1.89°54120"W.,ALONG THE SOUTH LINE OF SAID SF 'I©1 *1 ^s" 24932 ET TO AN INTERSECTION WITH AN AGREED B UI4DARY t E ! •RDEI3 IN 10 RI BOOK 68,PAGE 235 THROUGH 250 9F TI "P 3\11e`• s'• `=DS okcothAER COUNTY,FLORIDA;THENCE RUN N.01°30105W LONG SAID AGRE')BOLINIARY LINE,FOR 1298.70 HI (SHOWN IN ERRO S 1300.00 FEET,IN BOOK68,PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREIN \A R CITED AS OFFI? !I ORDS);THENCE RUN N30°00'00"E.,ALONS$3*AGREED BO ,YLINE,FOR 800 FEET;THENCE RUN N.05°00'00"W.,ALON -Si:ID 41J ARY LINE,FOR 1480 FEET;THENCE RUN N.29°11'40"W.,ALON $ ITBOUNDARY 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°27'301E.,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°26'001E.(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 Packet Page -159- OR. 4368 r3/24/201512.A. 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 114 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°53'1 S'1E.,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 F-B.EGIINING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF'I 'S �I�"14 OF SAID SECTION 17,RUN N.89°40355'E.,FOR 56a FEET`ALONZ ,I tTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST1 1WOF SAID SECTION°1�7 Tb 4 POINT ON THE BULKHEAD LINE AS SHOWN ON Pi.AT'T ER-E©F RECORDED J1 BULKHEAD LINE PLAT BOOK 1, PAGE 7,OF THE PUBLIG°RECORI2S 4F'COLLIER\COU,TNTY,FLORIDA;THENCE RUN N.0°26'00"W., ` FOR ]�OAE'I' r3 } LINE;THENCE RUN S.89°40'55'W.,FORE 60.2 -FE A � K 'HEAD LINE,TO A POINT ON THE WEST LINE OE ANOR ASTJ1 a4," THE SOLJiEAST 1/4 OF SAID SECTION 17; THENCE RUN S Q241 ,\Pd -10(I:a;,, a Tkil POINT OF BEGINNING.PLUS ANY LAND ADDED=THERETO BY ACCRETION QRR RELICTION,AND LESS AND ACCEPT ANY LANDLLOST THEREFROM*SUBMERGENCE OR EROSION. PARCEL 10 < g � BEGINNING AT THE�gT %OF SECTION 20,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLLEEI `°CC, 1'`"Th ltIDA,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 RECORDS OF COT I.TF,R 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 1+E1:1;THENCE RUN N.18°4430"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°54'201E.,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 I.3 Packet Page -160- OR: 4368 3/24/2015 12.A. 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 NCE N.89°52120"W.ALONG THE SOUTHERLY LINE OF SAID LOT 4,A-DI .TXNC1/4;0CSt9)6,FEET TO THE SOUTHWEST CORNER OF SAID LOT 4,THE SA,ME`83 THE SOUTST CORNER OF LOT 10,BLOCK 1 OF SAID WIGGINS PAS INGS UNIT NO.11 I�(CE N.89°5270'W.,ALONG THE SOUTHERLY LINE Op/S26,113-WIGGINS PASS LAIDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTH. CIS ER OF SAID WIGGINS PASS LANDINGS UNIT NO.1;THFNCENA 14 a.� ...n, i ESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT N�Q'.1,(A'11 ISTA 1:60/3.90\FEET;THENCE N.34°26'15"E., ALONG SAID WES'1ERL Ji 1E'A DI IAN ®F 439. 81•hh I TO A POINT ON THE � ,� �. ,. � r � � rte, NORTHERLY L' 'OF All �JCGGGINSPAS�DINGS UNIT NO.1,THENCE N.87°48'00"E.ALONG SAID NORTHERLLtLINE A,DI$TANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3,BLOCKS? OF S'ATD/WIGGINS PASS LANDINGS UNIT NO.1;THENCE S.O2 2'QO"E.A DISTANCE OF,a�6t7.1 FEET TO THE NORTHWEST CORNER OF LOT 1,`BLOCK, OF SAID WWI ` ASS LANDINGS UNIT NO.1; THENCE N.87°480'E:A4DIS`I 21 : ii i TO THE NORTHEAST CORNER OF SAID LOT I;THENCE S�``t3. 2 Cf' ONG 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 l 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 Packet Page -161- OR: 4368 3/24/2015 12.A. 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 114 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 I 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 I; THENCE N.02°I2'00"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-AA r INS PASS LANDINGS,UNIT NO.1,A DISTANCE OF 439.48 FEET T r' r., e R�sTERLY CORNER OF TRACT B, BAKER-CARROLL ` CCCORDING'I - ",:: 5i4E'P.LAT THEREOF RECORDED IN PLAT BOOK 8,PAGE 42,, 1T-HE PUBLIC RECORDSF CBOT-r mR COUNTY,FLORIDA; THENCE N.54°47,5T W.,cALTING I4ORTHERLy LINE OF SAID BAKER-CARROL POINT,A DISTANCE OFL39 :3'2 FEET,TO AN INTERSECT ION WITH AN AGREED BOUNDARY LINE 4 eoR c,, •' IAL CORDS BOOK 68,AT PAGES 235 THROUGH 250,1 OFt P LIC�RI CO'.• OF LLIER COUNTY,FLORIDA;THENCE N.79°17'10"E.,AI I G All A�GIt�EEI :rOUNDARYILINE,A DISTANCE OF 69.60 FEET; THENCE N.050 ?`9'301 W; ,OIVG SAIIS; , I) OU `ARY LINE,A DISTANCE OF 1417.66 FEET;THENCE N.27°1520"W.,AJ,ONG SAID)A,r�GREED BOUNDARY LINE A DISTANCE OF 616:I 7,REET;THENCE N.8'1, 48'OQ"E`?A'DISTANCE OF 2472.71 Fir TO A POINT ON THE WESTERLY RIGHT-OF-WAS OF SAID VANDERBILT DRIVE; THENCE S.02°12'25"E,ALONG.SAID VVESTERLYLINE,A DISTANCE OF 1373.11 FEET; THENCE S.02012100'x.ALQI G$AID- , `CY LINE A DISTANCE OF 667.03 FEET TO THE POINT OF BEGINNING;PARCEL CONTAINS 100 ACRES,MORE OR LESS. 13 PROPERTY OWNERSHIP The subject property is owned by A.L.Dougherty Co.Inc., a Delaware Corporation. 1A 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-3ST(3),RSF-4,RSF-4(3), RMF-12ST(3),RMF-12(3), RMF-6 ST(3), RMF-6(3),and A-ST. 1.5 Packet Page -162- OR, 436 3/24/2015 12.A. 1 v rv, GJVV 1S 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. 1.6 PROJECT DESCR EI / \o The Cocohatchee Bay PUI Aiis-&rresidti¶tial-anid golf�rseConununity with a maximum of 590 dwelling units. Recrebti far s clu�i g o f oursc,clubhouse,maintenance facility, caddie quarters,and grtcstiu ;es l be Ofiridiedtbin\ctithjunction with the dwelling twits. Residential and recreational land us es pare estgned t?be harmonious with one another in a natural setting bi the es appropriate screening and buffering and Pe space. / open arc.s ��. ) "s N ! 1.7 SHORT TITLE This Ordinance shall be w ditcd 'the=`COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." 1.6 Packet Page -163- OR: 4368 3/24/2015 12.A. 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 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..1here-these jeegulations fail to provide developmental standards, then the provisions,of` iic st$infii,at'district in the County Land Development Code shall apply. ' Ne- e B. Unless otherwise-tedrthe definitions of al rms shall be the same as the definitions set forth in the Cower(luny Land�evelppmenttCod�;in effect at the time of building permit ap licattcm 7 \ t C. All condition imposeli and l)gra t c mater.al presebted depicting restrictions for the developrt e$et doc'h y PUBizshall!DOCOMC part of the regulations which govern the er in which the PUT)site may b dez+eloped. D. Unless modf ;waived or excepted by\his,'P; D;the provisions of the LDC,where applicable,remaiiij dull force and effect, ith,zespcct to the development of the land which camp rises this E. 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 Packet Page-164- OR, 43A$ 3/24/2015 12.A. 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 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. B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities,golf course layout,roadway pattern,and dwelling unit size and configuration. COCOHATCHEE BAY LAND USE SUMMARY TABLE I MAXIMUM AL N1)US 1 TENSITY SUMMARY USE f` � `f z(X,D.U.'s/Square,Vo thPe ACRES f \ Residential"R1" / z48D" --.1 44.00 +/- Residential"R2" �` ( 0 '' ` \ 9.70 +/- Golf Course GC, 1 .t� $7, / 170.39+!- Q I Open Space \` "; N/A r 308.00 +!- (Preserve,Lakes and Landsc .-Buffers) Total)`. 5 9900 / Total 532.09+1-acres 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 PUD Master Plan,the Collier County Subdivision Code,and the platting laws of the State of Florida. B. 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 Packet Page -165- OR: 4368 I"' 1"0 3/24/2015 12.A. C. The provisions of Division 3.3 of the Collier County Land Development Code.when applicable,shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with 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. 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 ES`"-�- 0/11',1 \-->- a. it Model homes.sales centei and other uses nstm cures 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`p cipal uses_throughout the Cocohatchee Bay PUD,subject to the requirements of Section 2.633.4f the,Collie ,CoungkLand Development Code and all other applicable sections.Sal,es"' aciliti iv' IWI er r""tt prior to final plat approval as provided in said Section 2.6.33.4, 2.6 AMENDMENTS: PUD DOCUMENT.OR Feb MASTER PLAN Amendments may beamade to the PUD as provided in- ,,Collier County Land Development Code,Section 2.7.35. 2.7 ASSOCIATION OF PROPETY=OWNE fRSS;FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners'Association. The Association is a Iegitimate 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 Packet Page-166- OR: 436e 3/T1/1. 410111A 24/2015 12.A. 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 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. 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 infrastructurt:or e'er nsi community facilities. A. General PermiuJ F \ \ 1. Essential's 'ices as'set-forthsunder Colder County Land Development Code, Section'2.6.9.T .. �; 2. Water g tiie`t facilities lated structures. ;� 3. Temporary sewage treatmentfacilities. / /l } ) 4. Lakes inc iding lakes with bulkheads,or other architectural or structural bank treatments. 5. Guardhous ; bees 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. 2.4 Packet Page-167- OR. 436P "" 3/24/2015 12.A. 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 can equired. . ) 6. Minimutnjl.or parcel area-No `: wired. //� 7. Sidewalks,sbd cepat is,-and_ aths may be slaced within County required buffers;howeViethemidth of the required buffer shall be increased taly "wf F;aveZ'surface of the sidewalk,bikepath,or ( � \ L 1 d.a 8. Standards or parking,landsc ing,"signs ind other land uses where such dare are not specified he� ,are to,.i?we accordance with the Collier County Land velopment Code in effec i theti ne of Site Development Plan Approval. 2.10 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. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent(25%)of the viable naturally functioning native vegetation on site shall be preserved. 2.5 Packet Page -168- OR: 4368 PG: 2372 3/24/2015 12.A. 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with Section 2.4.4 of the Land Development Code. I. 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 feet(35')shall be developed along the Vanderbilt Drive fron dixttv. • buffer on the west side of Vanderbilt Drive shall include deve1. rrteitgf high 1 si�tn ��•a the view of hi h rise residential structures from Vanderbiltv /�Y L,/ \ \ / 1 f `'" I ,I` ,1 i ! 2.6 Packet Page -169- 011; 4368 "^L "1' 3/24/2015 12.A. 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. 33 GENERAL DESCRIPTION Areas designated as"RI"and"R2"o t e--P f-Master Plan are designed to accommodate high-rise residential dwelling uit ylaes;-rtte tt: artlyd`wellings,adult living facilities, compatible nonresident, used i full range of e$t on facilities,essential services,and customary accessory ` ' The approximate acreages are rnlcat-. Q' the PUD Master PIan. These acreages are based on conceptual designs an d'are` roil te, " a -:gohf all°�Cievelopment tracts will be provided at the time of site Developmer '1Ji or Prel nary Subdivision Plat approvals in accordance with L?ivisj`rui 3 au Aim 0 312,res ectt ely/-of}the Collier County Land Development Cod a.`Residential tracts are- ‘gned to accommodate internal roadways,open spaces,parks and amenity areas,lakes and watt management`facilities,and other similar uses found in residential areas, ,err f / rn 3.4 USES PERMITTED M` A '{ • „, r 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"R1"and"R2"Districts. 3.1 Packet Page -170- 3/24/2015 12.A. OR: 436b ru: 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"RI"and"R2"Districts. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the developpment.standards for land uses within the"R"Residential Districts. °,ter coo-, q B. Standards for andscaping,signs gns and land uses where such standards we not specified'her�rn or within the Cocohatch�.Bay` PUD,are to be in accordance with Collier County .! opment-Codeein effect at the time of Site Development Plan approval./unless o rwrse.rndiCated,requir�edyards,\heights,and floor area standards apply to principal trucres.- ` f(// C. Off- tp ryng__iiir Anult -farnilyy shalt be accessed by parking aisles or driveways which are separate from any mart which serve more than one development. A green space n'ea,of not less than ten feet frlip 0')inFv idth as measured from pavement edge to pavement shall separate any par'kg)ats',le,ordriveway from any abutting road. D. In the event the eloper-builds the.multiple amily housing placed in the area between Tarpon Cove and Falling Waters,a r iimu" of 30 percent of the multiple family housing shall be offer t mployees of the golf course with purchase price or rental rates consistent with traditionally accepted housing costs to income ratios. 3.2 Packet Page -171- OR: 4368 3/24/2015 12.A. • COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR TABLE 1 DEVELOPMENT STANDARDS "El" "El" HIGH-RISE MULTI-FAMILY Multi-Family Dwellings Minimum Lot Area N/A I Acre Minimum Lot Width NIA WA Front Yard-Internal Road •t 0.5 BH not less 0.5 BR not less than 25 feet than 25 feet Front Yard-Accessory Bldg. i 0.5 BH not less 0.5 BH not less Including Parking Structure 25 feet than 25 feet than Front Yard-Vanderbilt Drive BR NIA Front Yard-Accessory Bldg. 50 N/A Side Yard 0.5 BH 15 Rear Yard Principal ',� �fi 0.5 BH 15 i Rear Yard Accessory 7f.1 1 - r ,� N,-as _ l 0 Maximum Bldg Beiglt( � % 20 t'on'sfa'za'maximum [ 35 / f, height 00''fe2u *2 Distance Between Priacipa�TSl"nu'Ior .,0.5 SB' +3 ° 0.5 BH not less i ,r ar_ f 'p than 15 feet Floor Area Min- 15 +'1 §/ \`i' `\ 181)0`, \ 1200 SF 1k r'',k, / t @j j (Building Height):Building height Shall be the vertical distance measured f thetirsthhabitable finished floor elevation to the uppermost fin ceiling elevation of the strttcp /,-.S`/ $BB (Sent of Bari Height): ¢ \ � '1 t lding ght):Combm height of two adjacent buildings far.tfic purposes of determining setback requiremermt. <,: � T « / All distances are in feet unless otherwise noted."N. - F,' '-?, .,.,,-," •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 fine. B. If the paned 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"R I"tract shall be 15 stories fora 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 Packet Page -172- OR' 4368 3/24/2015 12.A. cu. I.Jio 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" >> 1. Golf courses-and golf club faciuties,,cadaie quarters,clubhouse,guest suites, inclu/ngniporary golf clubhouses. are- 2. Project informanonratrd`nales centers. I fr. Tin c 3. Community and golf course mar areas,maintenance buildings,essential sor r irrrga sib wtatcr` d �f]ucrt4st rage and ponds,water and want w r treatment plants,utility pumping and pump buildings,utility 6' andenance staff offices : R. ; /e` 4. Any othgc prrzlcipal use which is comparable in nature with the foregoing uses and which thelidnitingServices DepartitieritDirector determines to be compatible. B. Permitted Accessory Uses and-St-r-uettttres 1. Accessory uses and structures customarily associated with the principal uses permitted in this District. 2. Pro-shops,practice areas and ranges,golf cart barns,rest rooms,shelters,snack bars and golf course maintenance yards. 3. Retail sales of associated recreational equipment and apparel,such as,but not limited to,golf,tennis,and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve club members and club guests. 4.1 Packet Page -173- OR' 4368 pr' /171 3/24/2015 12.A. 5. Shuffleboard courts, tennis courts, health spas,swimming pools,and all other types of accessory facilities intended to provide recreational opportunities or 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. 43 DEVELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet(20')from Golf Course District boundaries and private roads,and twenty-five feet(25')from all PUD boundaries. B. Accessory structures shall' set inimum of ten feet(10')from Golf Course District boundaries d ri°r te-zoadsd)wenty feet(20')from all PUD boundaries and ~ residential tracts, l� f `/ C. Lighting facilities'sha,'l be arranged.in,a-nannerwhich will protect roadways and residential properties frorirectglare orA`unreasonable interference. I? ! t \i / 1 D. Maximum het Iiiri t of struc t 1 j 1. , cipal trjcture '.4 stories for airnax`imum height of 20 feet. 2. cces sory Structures.4story for 8; cimum height of 15 feet. E. Minimum di`stinice.between principal structures'='Ten feet(10'). 7<:/c,, F Parking for the come tunitycenter/clubhotise'sall be three spaces ti �......^ . sp per every one thousand (1,000)square feet'of grcftstfloorsarec tacki `'shall be considered inclusive of the required golf course parking, 'i g parki g,Provrded`�u--b�a1f course and recreational facilities are private, otherwise,applicable provisions of the Land Development 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. 4.2 Packet Page -174- OR; 4368 n"-' 1"4 3/24/2015 12.A. 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 Master Plan as the Preserve District. 52 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. • 5.3 USES PERMITTED j No building or structur�' r. rthereof,shall be er•.,4teti altered or used,or land used,in whole or in part,for other than/thefoflowing: 'N \ A. Principal Uses \ 1. Passive asks,n passive, pUaleafi;boardwalks. 2. Biking,tilcrng,and nature trams. `! fF 3. Golf cart,Paths are permitted in tie presen a areas outside the limits of the bald eagle pnmaN ryzone. i )h o 4. Wildlife sanetuary t p .' 5. Pathways and or bridges. 6. Recreational shelters,in Preserve upland areas. 7. Drainage and water management facilities as may be required by SFWMD. 8. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 5.1 Packet Page -175- OR: 4368 p 3/24/2015 12.A. 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3.of the Collier County Land Development Code,as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in which no principal structure may be constructed. Further the plat shall require that no alteration,including accessory structures,fill placement, grading,plant alteration or removal,or similar activity shall be permitted within such setback without the prior 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 aree.to-be n c dance with the Collier County Land Development Code in effect at the`,�"' 'ego lop en4Plan approval. Unless otherwise indicated, q�u a li heights,and floor. sstandards apply to principal structures. ,✓ / /t 5.5 PRESERVE DISTRICT ebVSER.VATION rasEMENT A non-exclusive cons f or t ss uIred by Collier County Land Development Code,Section 32.8.473 A,for4ana a elluaed,in they serke..J))istrict. In addition to Collier County,a non-exalltsive eo ervatrzst'i ea t m�` `l o/V0 quir ed by other regulatory agencies with juriirlie tgn over Preserve Distric,.lane s. fn,, ition to complying with provisions of the Collier Couni nd Development Co x"aaid easeiment shall be provided in accordance with the terms set fortktlri any applicable permit granted-4Y other agencies. The Developer,its successor(s)or assigns,u> litding.the Master wners'Association shall be responsible for control and maintenance�,of_)idtds wt u 'Preserve District. ;- 5.2 Packet Page -176- OR. 4368 nn. 11t)fl 3/24/2015 12.A. 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 ass' -fshall„follow the Master Plan and the regulations of the PUD as adopted,and any Q e itC7 odi`fications as may be agreed to in the rezoning of the property. In additw any successor or L ass „�ri title,is bound by the commitments n within this agreement( ,/ '` 63 PUD MASTER PLAN/ '~ u„, f�, '' P 1 A. Exhibit" ,"the Pill"- to Plan,�u a proposed development and is conceptual* ature. .l ro�, c, of orjand us. undaries or special land use �' ' � and be adjusted during the planing caristtue�ta�e spea�ii: `,�, Y 1 g P 8 or site dev1opment plan approval pros. ubjcc t;t the provisions of Section 2.7.3.5. of the Landelopment Code,PUD acndtneilis may be made from time to time. B. All necessary easen*nts,dedications,or-otht instruments shall be granted to ensure the continued operatiob andirrmai,service utilities and all 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. 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. 6.1 Packet Page-177- OR: 4368 Dr-. 11Q1 3/24/2015 12.A. 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 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. 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. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6.of the Collier County Land Development Code. C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Lan.011epment-trode. tj 6.5 POLLING PLACES Pursuant to Section,'2.6.3O.,of lli t- nd )eyelopment C ,provision shall be made for the future use of space within a comctioo,buiiding fof the purpose of accommodating the function of an electoral polling 5-7\ An agreement shall.be re cc ded ;,theftIcial reco,, of erk of the Circuit Court of Collier County,which sbal ybinding upon any an .4all successora" r`interest that acquire ownership of such common areas ir eluding,but not limited condo/MiniuM associations,homeowners' associations,that suclk 9 moron facilities may berused,for an electoral polling place if determined to be necessary by theiiipervisor of EIections %1 66 SUBDIVISION REQUIRE1 WFIVA -S A DARD DESIGN SUBSTITUTIONS A. 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. B. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5.of the LDC except as follows: 1. Cul-de-sacs and local streets less than one thousand feet(1,000')in length are required to have a minimum fifty foot(50')right-of-way width and two ten foot (10')wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of fifty foot(50') right-of-way width and two ten foot(10')wide travel lanes as required by Subsection 3.2.8.4.16.5. 6.2 Packet Page -178- 011: 436E 3/24/2015 12.A. 3. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. of the Land Development Code. 4. Street grades may exceed four percent(4%)under Subsection 3.2.8.4.16.14.of the Land Development Code provided that applicable Florida Department of Transportation,Manual of Uniform Minimum Standards(FDOT MUMS)and AASHTO criteria are met. 5. 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. 6. LDC Subsection 3.2.8.4.16.8.: The minimum back of curb radii for internal roads shall be 30 feet wa _m on of both entrance road intersections which shall be 40 feet.,/. 6.7 TRANSPORTAT101 , / �__ -,r- A. The Developer shalrp ovide a-fair share;contnbatiortoward the capital costs of any traffic signals 'x:eRsitry 1 4dee'ned warranted by the County Engineer.(Theitr is stgnai will i E Vtnstalled,owned,operated,and maintained by Coll' County The •Dev loppe r shall p •`amide arterial level street lighting at all Project accesses prior to the issuance-of my erti care of=dccppancy for a building accessed from a Project eintraxice. n B. The Developer,agre ess\that Collier County reserves'the right to disallow developer improvements mill"Vanderbilt Drive,1 f est Livingston Road,and/or Wiggins Pass Road rights-of-way`ttF suchltrproov is nflict with or negatively impact public roadway,drainage,or unhtyy fa -p anned as part of future four-laving 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. 6.3 Packet Page -179- OR; 436F nn. "" 3/24/2015 12.A. 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 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 " vide: itio arrg�ht-f-way in fee simple title,when necessary, along the PUD.sntuthobothidary for'$utuitlast/West Livingston Road between Vanderbilt Drive,.i d U.S.41. The Village PIace\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 tivingsto°n R 100 fea of right-4-way along the northern property line for future East/We fat- shaleRoa`d�l d �ted\to the County. Such required right-of-way shah be ediccateed°an , onveeyed Collier County for public roadway, drainage,ilandpublliccutility imprnv rnents:4 Coliier;,.ounty shall compensate the Developer.fcir‘liemg'ht-of=way on professional land appraisals of the fair market value baseci,on its value prior to approval of the:iPUD. The right-of-way conveyance shall occur at theArtherequested by the counatyy. G. The Developer dial( sign and pay f r any,required road improvements to Vanderbilt Drive that will provide o I ro' (this includes turn lanes and other improvements such as lrghtng)`'`.If se 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 Packet Page -180- 011; 4368 t" ' 3/24/2015 12.A. 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. 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. 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: ---- /`. \ ..--- r �•. A. Water distributio wage collection a �ansmission lines to serve the Project arc to be designed,constr cued,conveyed,and/or a c \'and maintained in accordance with Collier County Oidinaannce-No.97-17,,as ame ded.and other applicable County rules and regulations. f/ �� ; B. All custoinerrtconneCtm tai the w ter liStrNItion and sewage collection facilities to be constructed, be customers of:tlat�Cou y and,wall be billed by the County in t f i e a t er., accordance.ivit u`the"County's establzs s i i 6`' 1 C. The on-site'wattcr\distribution system ifgr f)roject must be connected to the District's wate(mart and must be consistent With the main sizing requirements specified in the County's Va Master Plan and-extc lad throughout the Project. During design of these facilities;the a l rt i. res 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. 6.5 Packet Page -181- OR: 4368 PG 3/24/2015 12.A. D. A water distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of-way or within utility easements as set 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. 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 Di su'iet-foroiership,operation and maintenance. All sewer facilities constructed"ctn ri►atecrr 't't Viand not required by the County to be located within utility s p ty easornents-all be o _� ; pirated and maintained by the Developer,his assigns or su `� ...r - \ g /wc�scrs. G. All constructio n plans-and technical p ecifcaaons and proposed plats,if applicable,for the proposed se werzsys cd and approved prior to commencement of construction.I ` � ;,/ f- / 6.6 Packet Page -182- OR: 4368 nr+ . "" 3/24/2015 12.A. 6.9 ENVIRONMENTAL The development of this 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 3.2.8.4.7.3.of 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 all mG in Conservation Areas which shall be platted. D. An exotic vege aao` moval,moni a, ,,maintenance(exotic-free)plan for the site with emphasis 6n,'xlie conservation/presery onssareas,shall be submitted to Current Planning Environri n� or_review and anprOval prior to final site plan/construction plan approval./ �. , \',F ? E. Petitioners l comp 14i the guidelines and recortrmendations of the U.S. Fish and Wildlife Service(USFWS„),, nd Florida Fah ilnd/Wil_dlife Conservation Commission (FFWCC)\regar liii po n ral impacts to pt tectektvildlife species. Where protected species are o'bsbrved on site,a HabitatManagernent Plan for those protected species shall be submitted"td 'lanning Services Sec�`t on,s�taf�for'review and approval prior to final site plan/constr u cii plan approval. A Bald, leylanagemcnt Plan and a Gopher Tortoise Management Plan- uueed for ttti tte� // F. Any amendment to the Bard-Eagle-Management Plan shall require review of the Environmental Advisory Council or any successor body. 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. 6.7 Packet Page -183- OR; 4368 Pa. ,1A7 3/24/2015 12.A. 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 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 tie-eotastruc eed strttultaneousay with or following the construction of the principal structure ex that `d ings\trailers,marketing facilities, contractors storage and offic'. `facilie l may be erected and utilized during the period tk s k t' s . of Project developp e n t ajnd tarketin ` i terur rarylbuil lings shall be removed upon completion of the tea keting o cdnstruttio activity3vhiccb they are accessory to. d ; ,, 6.8 Packet Page -184- OR; 4368 n^ . "" 3/24/2015 12.A. 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 signs-WitOrnmumuntareAsof 40 square feet each or one(1)sign with a maximunx``area-i'f`-1100 square`feet_s4a be permitted at each entrance to the . /,,mot,,-- �;� 4 Development. ' 4\ l B. Entrance fsigiz-slia ,l not.exce'ei l height of fifteen(15)feet above the lowest centerluia-gra deb ep op fi'vat;right-of-way to the uppermost po rtion/tif tle si rstricure � ` C. Entrance signs may hgnter pro allJaghts are shielded in a manner which prevnts`adirect glare into the vtiron of dnv„er using the adjacent streets or going into adjacent residences. .,, / iii 0,, �,,i` 3. Signs ~ . F lf,/ Project gn ' 4` /I C;; `- -- 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. 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 Packet Page -185- 0R; 4368 or!. 5100 3/24/2015 12.A. 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 tlx 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: A. Excavations ti dcs shall cbmpy`ryith,the definition of a"development excavati6n,piirsuant to Division 3 r f t e Land Development Code whereby off-site renwvaLshall be limited to ten, rcent(to a maximum of 20,000 cubic yards)o thutotalevo lume ezca 1 ted unless commercial excavation permit is reeeivti. r , s i € B. All other provisions of sad ism 3.5 are applicable. l . am \ df r f 6.10 Packet Page-186- 3/24/2015 12.A. (1R• • 2 0 0 6) 6) A Ai cZ) CD A r n C) r.:,.1 H CI e H. Cd ti) ._ a in M n �\ ''\S10;li 4 ::::::::::::,::::::::::::::::::.::::::4::::::::::::.„,,,\„,,,,,.,.\,. •...::,,,,„,,‘,,\,„ .::::::::::.:.:::::::::::::.:::.:.::::::,.::::::::::::::. „,,,,,,,, „s„,„,..,,.. ....„\,,,.:.. .:::::::::::::::::::::::::::::::::::::::::,...::::::::::::.:„ „ ,„, ‘,..,,,,:„...:,:..s...::::::::::::: „..„. :::::::::::::::::::::::....:..::::::::::„:::,:::::::::::::: , ,,,„„,,,,„,,,,,,,,...„.,.„...,;,,,,:i.„:::::.:.... ::::::::::::::::::::::0::::::::. ::::::::::::::,„,„,,,.,,, ,,,,,,,,,..::::.::::„:.. .."\• 1 :::::::::::::::::::::::.....::::::::::: ,::::::::,:::::„,c,,,, ,..„.....:..:„............. •."---"jiwN. ::•:'.*•••••••:•:•:•:•:'-'•'•••••••••••:•.k if (7---1 . Er,,,,... -......, lip. . Y Q likk \mil (.!..., iiii s''''''' Isi _ Gii.11... \a31 ° ..;:• • 111 1 ' , J i ( • 1 ri i e ' ' t N _, m EXHIBIT "A " �'°'■ COCOHATCHEE BAY °"TE 08-29-00 PROJECT NO.: X205 PUD MASTER PLAN \' F F. VANASSE do DAYLOR 7 r-06-00 ' r ) inyo x..1k�VUBE CONDITION) •OO SCALE- N.ts- A�cw tin 80205-PCav, "vs ap..+, n sawn Packet Page -187- OR: 4368 3/24/2015 12.A. '''' CO 0 0 r -70 O V t-1 el s -c rn n w by �\ Z n, t r_ 6) ; PI ;1::::::::::::::::::::::::::::::::1:::::.;:1:::•:1:::::::::::::::::::::.41:1:.:::..:.i.::::.,‘,,,-es,-,„=--v\,,-i ',:0,,, .:, \., ts,\.:i-sl,-;;;7\'';%•,,-. .\\,,x.\''s 's . ;;.�_�\ ..\��. \fit: :.!�. � I�` • .::.,:::::.::::::::::::::(2)::::::::: -o I// f-- �t i I 11 1 tkx / it I 1 � . , 4, 1 k "11 j . n>. \ it �� °'3f , r•P ' -,.--. - Mi■ 1\44141V 13 z t PI as - ` 4 if' i?.;'t )t?-, Q *i� . ED- r 1 N. 1 K * cf) 51 ', . EXHIBIT "B" coCOHATCHEE BAY �, -�-�, /, Na"a2°5 PUD MASTER PLAN `` [ VANASSE&DAYLOR ZIT r r-06-00 WITH EAGLE ZONE O VERLA '`� �C.1 1 I wN.... /..f w...4,n aswr SCALE: MT.S. ACAD NO. e0205-PtouP Packet Page -188- OR: 4368 3/24/2015 12.A. Bald Eagle Habitat Management Plan cocci-laTCHEE Sections 8, 16, 17,&20,Township 48 S,Range 25 E,Collier County. Turre!!&Assoriates,Inc.August 2000 4.0 Bald Eagle (Hatlaeetus leucocephalus leucocephalus) 4.1 Occurrence on Site An active bald eagle nest is located on the site on the west side of Vanderbilt Drive, shown on the attached site plan / 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 to -mangroves to the west. Almost all of the established trees b leer the t,-.tree and Vanderbilt Drive have died, mostly due,tct a�fir hat occurred i s,property several years ago so the birds also hJ?b a relatively unobst?ucfd view of Vanderbilt Drive. Due to the conditioryo#the tr-e e, it is not expectedlthat the eagles will continue to use the°nest r�ra.,,#han a c 5t 1e of rrlare�rears at the most. It is more likely that a story witi,4 . rout+ c ither destroy the tree supporting the nest, des i`y h r ea eI4.I •' not clear where the eagles will try to co `stmt a new est tb ` °M1 rs specific observations were made during + q past%tviia- e tir�g- e ,r pea flight patterns and feeding behaviiarrpund the nest.The observations showed that flights into and out of the. st were predominaeiy io/tiai3 south and south-west from the nest tree\SOeral other dead pint;aroundi the nest served as perches for the parents\deJing the nesting seat Utz..A`n effort was made by the parent birds to con ct t e��'ac enf to the existing marina early in the '99-COO season, �iow v ,the . 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 t Packet Page -189- 011: 4368 n�. '"' 3/24/2015 12.A. Bald Eagle Habitat Management Play COCOHATCHEE Sections 8, 16, 17,&20,Township 48 S, Range 25 E,Collier County. Turrell&Associates,Inc.August 2000 across and 6-8 feet deep, lined with soft materials. Most commonly, living pine or cypress trees are chosen where some canopy remains above the nest. The ratio of water to land edge is one of the most important considerations and so long as prey density does not diminish, habitat suitability of an area remains constant. Egg laying peaks in early December and clutches usually consist of one to two eggs with incubation of approximately 35 days. The young fledge after 10-12 weeks although parental care may continue a further 4 to 6 weeks after this. Most of 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 availabl in-the_ nity and how well the bird can see it,thus perch sites are,typically ee rdered by an open area such as river or lake banks/ ,,,�,.- ----- ,`, ,r')"e.• As a top�p`reator eagles are vulnerable to�the build up of contaminants in the food lation-sib was severely affected by the use of the pesticide DDS(., ovi banned), which reduced reproductive success by thinning hel le an'd:`°me" �`®isoning are on-going concerns. Multiple rstuLbar by humans ofi nesting birds has been shown to lead ultimately id,nest``abar dot. Spali icd temporal isolation from the nest site and feeding areas` re compote`is of species management plans. ''''c:\ j Given the"genet 1 requirements,for th ecological success of the eagle, an overview°of lopment onr,,.the project site will allow continued habitation is provided:below e>.-° 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. z Packet Page -190- OR. 4368 P". 110A Bald Eagle Habitat Management Plan COCOHATCHEE Sections 8, 16, 17,&20,Township 48 S, Range 25 E,Cotner 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 wit 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 e years have shown that these snags are not utilized by the,birds�, o "o�r Perching. Also, flight paths into and out of the nesting ea' 'ere in t e . .. ite direction and not over the area proposed:-tor/impacted. A scree �b living vegetation will be planted between'the�.-fgolf-course and the neat site\to block views and sounds of the golers free nest.`"This action \would result in a buffer of approxim t 0.feet:to-the-eas#-ofthe,/ nest. A buffer of 750' would be maintained ei�+e south ar d n iof the nest, and no impacts are Lf proposed to the west between the and the Gulf of Mexico. To mini, disturbance duri important im nt nesting period, a greater buffer zone of 1500' in radius ill bee tablished and maintained during site con activities. No construction activities will take place within the 1500-foot zone,during the rte ig.period which runs from October 1 through May 155, ' 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. Packet Page -191- OR; 4368 D/'_. 1"oG 3/24/2015 12.A. 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 �t�� ,�B �d (a . County Commissioners on the 12th day of Decembe ey2000, during k gular Session. WITNESS my hand ,'and the official! seal of\the Board o-V County Commissioners Of Collie Court ty, fttorida\, this 15ti: day .'n of December, 2000. �t �-. `� .-f` r L ,,.... ,I .,„/ r= I'm � sn, l ;'7 IF I '� t i' s f�r.L-`e O- �v<^*^•L 5/.-. /' �-.: \ - &1 '- 'l of Courts and Cierk Ex-officio to Board of , - County Commissioners By: Ellie Hoffman, Deputy Clerk Packet Page-192- OR; 436& 3/24/2015 12.A.- im' w , i COCOHATCHER BAY f A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING AMENDED,MAS IER PLAN GOVERNING COCOHATCHEE BAY A PLANNED 1 UN F DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE i ;� ; ;f / VANDERBILT PARTNERS II,LTD; 1 / ( / i(/ I L---., \s„.c,,, _ ,,.., .1 s., , i PREPARED BY ;' °'\ . '\PMS,INC.OF NAPLES` ...,/ TAMIAMI \\233 TRAILN I TII DATE REVIEWED BY CCPC DATE APPROVED BY BCC 12/11/00 ORDINANCE NUMBER 2004.88 AMENDMENTS AND REPEAL DOCUMENT DATE 12/14/00 SETT1attaiT AGREEMENT AND RELEASEDATED •2008 EXHIBITAV 1 2128/08 revision Exhibit 2 to Settlement Agreement and Release ill I Packet Page -193- OR: 4368 nI. "O1 3/24/2015 12.A. IT INDEX PAGE List of Exhibits and Tables II Statement of Compliance III SECTION I Property Ownership,Legal Description and Short Title 1.1 • SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 • SECTION IV Golf Co , 4.1 LAjtJ SECTION V Primes-'ve Thstict �`�V 5.1 r� SECTION VI Genet Deve"lopraent Zo traents 6.1 / / _ _\ 777, I F t \ '17'I ,/ CD/ �.. I 2/28108 revision • Packet Page -194- IP%PM AAA A .-. __ - - _-- . __ 3/24/2015 436 3/24/2015 12.A. I ' r LIST r 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- f TABLE II Deve,opment Standards rR District. /TABLE III /Development Standards for"GC"Sin le Family 1 f 1 / A". , C 113, II 2J28/08 revision Packet Page -195- OR; 4368 nr_, " °° 3/24/2015 12.A. I 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: 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 Projectyvill. ibiewith and complimentary to existing and planned land uses in the/vi:Airy .� «'' ��� `.in a transition area which includes low-rise residential deve and high-rise multi. ` ly development 3. The subject loccafion rrr subject property's � telatian;tci4existing r proposed community facilities and services permits the Dever iMent.'s-residential density as\described in Objective 2 of the Inure Land Use n f- \ rte\ \ 4. The project Development a als: mdm `b ` wi and Oo 1 to existing and future P l ,� �„.�- � ��5' g surrounding land t ses as requiredinfolicy �of tfa�tu r:Land Use Element. 5. The property was down zoned during the Zo n g e=evaluation Process which resulted in an action establishingg severai,zoning districts and densities: Parcel 1 - 11.39aces-i. ( st -/ = 3337 units Parcel 5- 161.63 acre----� -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 2128/08 revision Packet Page -196- ► OR' 4368 p3/24/201512.A.' �,,,. 532.09 for density t t t 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. 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 Divialew-371-SrAflaquate Publie-Faeilitiear of the Collier,,,Conat Land=Development Code(LDC). 10. This PUD amendment made pursuant , anent Agreement and Release. a cove of which is atta'ched'hereto as Exhibit "C"a-���which terms and conditions are hereby deemed to be incormR hemin._by referencc®!s il'YuLly setIorth-herein. If any terms between this PUD amen enuan� the Se ttlemeit AI�r�nent and Release are in conflict,the Settl fomeniA mR nt—din � � � al. I( LI ) 1 "7„ ) 14-7 E CI • N 2/28/08 revision - Packet Page -197- Cl - • _ OR; 4368 x3/24/201512.A. 1 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"W. IN e 6f1-(PppE.,235; O.R. BOOK 87, PAGE 439 THROUGH 447; O.Ryr a I- " 157; - - OR: 436$ 4 3/24/2015 12.A.1 rilipwwww---"",1 I !' 1 THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY I 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). THA6 T OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 1~ 1) 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 j RIGHT-OF-WAY OF U.S.HIGHWAY 41 (ALSO KNOWN AS TAI IIANII TRAIL). PARCEL 7 THE EAST 112 OF THE NQRT1 'Q? FjcI'TON 17,TOWNSHIP 48 SOUTH, RANGE 25 EAST,COLL , O EXCEPTING THEREFROM THE SOUTHEAST 1/4 O SOU HEAST 1/4\:W THE NORTHEAST 1/4 AND EXCEPTING THEREFRQM_IH1r RIGHT-OF-SWAY of STATE ROAD S-865A (VANDERBILT DRIV . PLU .ANY-LANI)\ADDED THERETO BY ACCRETION OR RELICTION,ANT)• , At M:�' ,LAST THEREFROM BY SUBMERGEN OPRb�'I1 `ip_ t 4 (jF PARCEL 8, f, \ `. ., U , BEGINNING AT SOUTHEAST CO't OF S C 1ON 17, TOWNSHIP 48 • SOUTH, RANGE.'25A' 1ST, COLLIER CO , f" F A, RUN N.89°54'20"W., ALONG THE SOUTH' I OF SAID SECTIOI I/ItFOR 2839.52 FEET' TO AN INTERSECTION WITH?1 AGREED BOUNDARY/LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 0'by , grria,,PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; )RL4N1- 11°`30'05"E., ALONG SAID AGREED BOUNDARY LINE,FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 H JG 1., IN O.R.BOOK 68,PAGE 235 AND O.R.BOOK 167,PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N30°00100"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 1.2 2/28/08 revision t i -Packet Page -199- OR: 4368 " 115 3/24/2015 12.A. 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 IA 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°5318"W., FOR 186.65 IT.E1', 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 COI.I.JRR COUNTY,FLORIDA;THENCE RUN S.41°11'03"W. FOR 133.10 I'L.h'1', ALONG SAID BULKHEAD LINE; THENCE RUN S.0°06'42"E.,FOR 120 I,r ef, THENCE RUN N.89°53'18"E.,FOR 275.72}'bEf, 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 I.1 T, TO THE POINT OF BEGINNING. PLUS AIY_.LAND ADDED THERETO BY ACCRETION OR RELIC ION, AND LESS'; DV.4 ,AIRY LAND LOST THEREFROM BY SUBMERGENCE OR EICT9I =— '- T ,` r ! r FARCEL 9 THAT PORTION OF T TE'1 LO1 TEEAST`t/4 OF THE OU 'HEAST 1/4 OF SECTION 17, TOWNSHIP f48 sourg,- RA 4 R COUNTY, FLORIDA, DESCRIBED AS FG IY :rPRRl PO 1. OF \BEGINNING AT THE NORTHWEST GORIER OFITIf E S• .; 1 OrF THE SOUTHEAST 1/4 OF SAID SECTION 560.24 MET, ALONG THE NORTH LINE OF THE S® 4l° TI}EA.ST 1/4 OF THE 4S9UTHEAS i 4 OF SAID SECTION 17, TO A POINT O Y BULKHEAD L1N AS SL %N ON PLAT THEREOF RECORDED IN B[ AD LINE PLAT BOOICi(1;'AGE 7, OF THE PUBLIC RECORDS OF COT1'TP . COUNTY, FLORIDDA ' _,THENCE RUN N.0°26'00"W., FOR 100 1.-Ehi', ALONG SAID LJ ; CE RUN S.89°40'55"W., FOR 560.23 FEET,ALONG SAID 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 1• r, 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°52'0"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 Q.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 } ET; THENCE RUN 1.3 2/28/08 revision Packet Page -200- OR: 4368 pr 3/24/2015 12.A. jr 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 iF i', 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 ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. • AND LESS AND AC r pGIiI AY OF STATE ROADS S-865 A R (ALSO KNOWN AS �E F 1)RT T S-846 (ALSO KNOW AS BL UEBIL.L.AVENUE).( V I r e \ AND LESS AND ACCEPT'THI FOLLOWING,DESCRIBE\REAL PROPERTY: / ,- mot ` ALL OF WIGGINS PAS� bSI' 10. k"ADDLTION, ACCORDING TO THE PLAT � RECORDED PLAT It ;1011 _A+T PAGE 81 OF THE PUBLIC RECORI3.S O 4I��G'OJNT Y, F:LORII1 'AND ALL OF WIGGINS PASS LANDINGS. 1'NO.1 ACCORDINGTO 1 HET THEREOF RECORDED IN PLAT BOOK l o,,,,At PAGE 44, OF -OE UBL %RECORDS OF COLLIER COUNTY,FLORIDAfEING MORE PARTICUL~.4SI DESCRIBED AS FOLLOWS: BEGINNING AT TI SESIT EAST CORNER-O 4 OF SAID WIGGINS PASS LANDINGS UNIT NO`:i 'AD ON;-;' +i 'N.89°5270"W. ALONG THE SOUTHERLY LINE OF SA ID L T 11S LANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10,BLOCK I 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 1' i' 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 43938 I•r.>ri'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 HET 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 PEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE 1.4 2/28/08 revision • 4 Packet Page -201- OR: -13a 3/24/2015 12.A._ S.02°12'00"E.ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 ',h r 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 liter 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 RELIC ION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FQLLOW.INGDESCRIBED REAL PROPERTY: -!' COT A PORTION OF LAND,L A E -KTHE EAST, ,I12 OF SECTION 20,TOWNSHIP 48 SOUTH, RANGE," LE,. Si' OF COLLJER Y, FLORIDA, BEING MORE PARTICULARLY DES ED A.FOLLOWS: COMMENCING fAT ,SO THE SOUTHEAST 1/4 OF SAID SECTION (200, CE 1 '.02°12 AI C THE EASTERLY LINE OF SAID SOUTHEAST I L DISTANCEEOF 0.2O 113ETLTHENCE S.87°48'00"W.,A DISTANCE OF 507061/4/ DIETZ ON qrEFTERLY RIGHT-OF-WAY LINE OF VANDEI R.T DRIVE, A 100:00 FOrOT,/JI i -0RWAY AND THE NORTHEAST COR OF LOT 1 BLOCI ., W�I�'PASS LANDINGS, UNIT NO.1, ACCORDING;O T IE PLAT THEREOF RECgI DED IN PLAT BOOK 10,AT PAGE 44, OF THE PUBUG,RECORDS OF I:A' COUNTY, FLORIDA, THE SAME BEING THE PO ) B G 's, OE;'THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87D4 1 ,,, 1' ONCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID�T 1;THENCE N.02°12'00"W.A DISTANCE OF 163.77 I't i 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 1'tb1; THENCE S.34°26'15"W. ALONG THE NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 439.48 1-EE T 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°47152"W., ALONG THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 PEE',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°17'1011, ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET;THENCE N.05°9'30"W., ALONG 1.5 2128/08 revision Packet Page -202- UK: 46bd ru: L4Ub 3/24/2015 12.A. SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 1, f; THENCE N.27°1520"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°1225"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. 13 PROPERTY OWNERSHIP The subject property is owned by A.L.Dougherty Co.Inc.,a Delaware Corporation. 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 Parlc.-.on-the..East by Tarpon Cove PUD and Wiggins Bay PUD,on the South-the mtts( the North by Arbor Trace PUD and tlx Retreat PUD/ f \ ,,., =---- K l r O` B. The zoning classtficatio1Lophe project prior approval of this PUD document was RSF-3/(3),*SFa3ST(3);`RSF4;`RSF-4 (3k, RMF-12ST (3), RMF-12 (3), RMF-6 ST,(3),FRMF 3) and'A- L— ,< ' 5"-\ 1.5 PHYSICAL D t' TON j - '"per es within South Florida Water' ement District No. 6. A. The fm n fie property will dischar nto hee Bay B. Water Manage em, . .acilities for the Project`f will be designed and constructed in order to introduceNp jest- orris wetland areas in an attempt to assist in the restoration of• iiirie v t `ration and preserve areas. C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level. Most of the sues,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. 1.6 2/28/08 revision 1 Packet Page -203- OR: 4368 Pa. 94n'1 ri . 3/24/2015 12.A. - i ' i L6 rRO.IEtr'I'D�Ou 'ifiN 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 1 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. L7 SHORT TITLE, This Ordinance shall be known and cited as the "AM NDED COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT ORDINANCE." ,,--- r ``J \\,..-,, \ i / 0 + r f 1 11 ( I L' . -' ,3,,,,, v 1 * � f "1`"' r .i L1 "e" a.y /�' '°'.f r i 1.7 2/28/08 revision i I Packet Page -204------ -- OR: 4368 nom. "" 3/24/2015 12.A. SEA- 1ON 11 • 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 cavation Permit, and Preliminary Work Authorization, to whi ' gs telaate. Where these regulations fail to • provide developmental ` -en-he pr Y s ons of the most similar district in the County Land Development Code shad y B. Unless otherwise noted the definitions of all-terms shall be the same as the • definitions'set forth.i ,thee li oun veloprnent Code in effect at the time of building"/per iti app( oql i ~^ e; �� 'c presented depicting restrictions • C. All conditions mod yap_ . gi�u iz� for the del, t of the Cocohahee Bay ,PUS shall become part of the regulations which govern the manner i which*pip site may be developed. D. Unless modified, awed or excepted by ,this PUD, the provisions of the LDC, `, a ' e'i t`�with respect to the development where applicable;�em full�or+ce�an� � of the land which coarpris s PI ' •--- E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of , Fasilitieer ef 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 L The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. 2.1 2128/08 revision Packet Page -205- 01: 4368 "^ """" 3/24/2015 12.A.- T ' I B. The final size of the recreation and open space lands will depend on the actual requirements for water management facilities,golf course layout,roadway pattern, and dwelling unit size and configuration. 1 COCOHATCHEE BAY LAND USE SUMMARY TABLE I tAXIMUM LAND USE SITU. UMMARY JPriE MAX D.U.'s/Saws Footage A m Residential "R3." IN 486 53.701400 1/- Residential "R2" 9.70 E/ Golf Course GC' 2120 -°o `» _,,� 17039+/- Open Space -1-/-,f '. _ N/A_-_,.,_ .., 308.00 +/- (Preserve,Lakes and Landscape Buffers')‘,.,— Total,4¢ #@ ES Total 532.09+/-acres per` 1\\L.4\ y J f` 1.: m .��^w S t, , .n' ,. ,�•,1 it .�i �. .,,. _f ,4„ "I j \ 4 I t_ // " Y ,rte.l 2.4 RELATED PROJECi APPROVAL REQR v[ENTS e � � . e A. Prior to the recording of a rd Pla atiid/or Condominium Plat for all or part of the PUD, final plans for all req iced improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master PIan, the Collier County Subdivision Code, and the i platting laws of the State of Florida. B. &AEA 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 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. C. The provisions of Diarision43 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of 2.2 2!28/08 revision 1• I Packet Page -206- OR: 4368 3/24/2015 12.A. land as provided in the Collier County Land Development Code said-Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements e€-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. 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�F Model homes, sales 9enteraj,and other uses and' clues related to the promotion and sale of real estate such as;/but not limited to, pavilions;;viewing platforms, gazebos, parking areas, tents, and";si , shall—be-..ermitte principal uses throughout the Cocohatchee Bay PUD; subject _the Collier County Land Dev l s , till alatifer apps i d ecti`bns.Sales facilities will be permitted prior Ito : Pl \ appro E as- pram in the Collier County Land Development Cori:" / E-71 2.6 AMENDMENTS TO UD DOCUMENT Q gUD MASTER PLAN • Amendments may bee ,made,, to the PUD as provided/in the Collier County Land Development 0\,' 2.7 ASSOCIATION OF PROPER-TY—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 2/28/08 revision Packet Page -207- -f OR; 4368 3/24/2015 12A 2.8 DESIGN GUIDELINES AND STANDARDS i 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 . . , . . 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. 29 GENERAL PERMITTED USES Certain uses shall be considered geneaa ltted uses throughout the Cocohatchee Bay Community PUD except in the • --)7,. e fD ,General permitted uses are those uses which generally serve the, v �' .- s a e Cocohatchee Bay PUD and are typically part of the�rbn\if'fasstruct re or a re`A sidss�, end community facilities. �/ \. A General Permitted"1J es_ -4,-. "\ \ r 1. Essentz °set i'f' 'se f i n `' `e Ilier County Land Development , v -'1,\°\`. . \ \ /'rt' `/12_,,,, iy 1 r'' „„i 2. Waterm iagement facilities a 1 related stru tU es. � 1 ,�'_ { 3. Temporary sewage treatment facibuesf.,' "/'' • 4. Lakes inclizcing takes-with -or other architectural or structural bank treatments:-:-' ' __7711:°>::-----. 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, 1 including necessary access ways,parking areas and related uses. � I 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. 2.4 2128/08 revision I j Packet Page -208- -- - - - OR; 436$ F 3/24/2015 12.A. 9. •__.°t or 1 ture with the foregoing uses and I , y. Any VWG'.r use which is comparable in nat.=is itii ..,.. avav�jrou'ab uses � which the Planning Services Department Director determines to be compatible. - 1 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 grouMg.. ect 39' ``r. 4. Min'muru d stance between unrelated structures-Ten feet(10'). 5. Minim` um. floorr ea-None--required. �\ I. / , 6. Muumum parcel e--, 7. Sidewalks,bi v` w ` d - L., placed within County required • buEhowever the width Of the )requid/buffer shall be increased i proportionately to the width of pavedseiface of the sidewalk,bikepath, or carob ,/ 8. Standards°€or4par c�'ttng,landsc nng, sttps and other land uses where such standards are floc.s, - ._1'fieti-fierettr,lare to be in accordance with the Collier County Land DevelopnIeaifCo ie in effect at the time of Site Development Plan Approval. 110 OPEN SPACES REQUIREMENTS The Amended PUD Master Plan satisfy maga the open space requirements of the Collier County Land ': Development Code. I 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent(25%)of the viable naturally functioning native vegetation on site shall be preserved. 2.5 2/28/08 revision • Packet Page -209- OR: 4368 3/24/2015 12.A. I 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with Section-3-4.-e€the Land Development Code. 1. Trees and shrubs shall be planted along the base of the berm so as to visually soften the appearance of the side of the 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 feet(35') shall be developed along the Vanderbilt Drive frontage:" d buffer on the west side of Vanderbilt Drive shall include<dilylair 2hat impede the view of high rise residential stru En Vanderbilt Dri ve/ / � ' \11. 1 i q s 6F i F ,),/ j f s "-/ • Ii 2.6 • 2/28108 revision Packet Page -210- . '1 A 4 A } - - - - 3/24/2015 12.A. i t 1 ► I SE...CT ION 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 AnEnsigi PUD Master Plan as"R""R "anal"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 +1- acres and base density of 1.11 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as".1_, t PUD Master Plan are designed to accommodate highneL" ciential dwelling uhit'ty s, multi-family dwellings, adult living facilities, compatible/nonresidential uses, a Full range of recreational facilities, essential services,and cusp accessory-uses , � tam!si�'� The approximate '—attindi" -• omy P{UD Master Plan. These acreages are based o dies' and aapproximate. Actual acreage of all development tracts( 'a ' time of, it Develo anent Plan or Preliminary Subdivision Plat iepprov in a ccordance.` with) 'd e. , meepeetiveiy—e€ "5oilier County Land D C lopment., ode. Residential tracts are designed to accommodliteintemal roadways,o en..spaceS arks and amenity areas,lakes and water management. aci1itics,and other similar WW1 wind 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 "'__d"°2"Districts. B. A sor Use 1. Uses and structures customarily associated with principal uses permitted. 3.1 2/28/08 revision Packet Page -211- - OR: 4368 nri 3/24/2015 12.A. 1 _ Ii 3 J *+ uses such as, but not limit to, cl bhnn fi c center, 2. P.e~t�tio..al , m..ed �, � se, tam_ 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 °t"and"R''„Districts. • 3.5 DEVELOPMENT STANDARDS I A. Table 1 jj 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 tie d —mti -..- 1l3!,,,-. shall be accessed by parking i aisles or driveways ch are separate from;and reads which serve more than one development./ A Brien space area of not loss than ten feet (10') in width as f measured from pave ent gc-to-paxment edge shall separate any parking aisle or driveway from any abu tg,road. t! 1 1/7-1,(-- V-016,771 \ . 'Tk,te•ifieeme.faiieiii.._ I ./.,.„�.),/' COCORATCHEE BAY COMMUNITY DEVELOPMENT � (),�n•!`R"DLSTRIC DEVELOPMENT STANDARDS Min witail NON HIGH HIGH-RISE RISE(Other Marti-Fanny Dwelliapi Miniaaam Lot Area N/A 4-Aor. .1..66111 1 Minimum Lot Width N/A N/A k/A Front Yard-Internal Road et 0.5 BR not less 03-H•R not Iese 0.5 B H not less than 25 feet _ 5-feet than 25 feet Front Yard-Aeeasary Bldg. 0.5 BR not less 03 I-set•l. 0.5_BR not less Including Parking Structure than 25 feet tl feet than.25 fe t Front Yard-Vanderbilt Drive BH _ WA NIA Front Yard•Accessary Skit. 50 _ WA @ Side Yard 0.5 BH 43 Rear Yard Principal 0.5 BH 43 Rear Yard Acceors 15 40 1Q -,s 3.2 2t28/08 revision Packet Page-212- OR; 4368 to , ',PIC 3/24/2015 12.A. 1 Maximize Bldg� 20 stories for a maximum 3-S 3 ' height of 200 feet '2 Distance Between Pr ndpsi Stew:brea 0.5 SBH *3 0.5 BH sot lass 0.5 BA not less then-1-5-feat 1=111= . Floor Ares Min. (S.F.) 1500 SF f�SF _ 1200 SF•4 . Bit(Building Height):Building height shall be the vertical distance measured front the first habitable fmisbed floor elevation to the uppermost finished ceiling elevation of the st n:cure. I I , : (Sum of Building Hight): Combined height of two adjacent buildings for the purposes of determining setback i All distances are in feet unless otherwise noted. •1 Frost yards shall be measured as follows: A. If the parcel is saved by a public right-of-way.setback is measured from the adjacent right-of-way line. B. If the parcel is saved by a private road,setback is measured from the back of curb(if curbed)or edge of pavement(if not=bed). *2 Building height for the north property line adjacent to Arbor Trace in the"R4'uact shall be n 45 stories for a maximum height of j11 434 feet _ *3 Where baitdinpr with a common _________1,7 l "s r 7 ,err,offset from one another, and walls are not • parallel to me another,the setbacks/can vely reduced p, f /f '4 For accessory oars iesiodme eahanas shall be no m fluor utp< C -s.. i f .--- .\ \ t q 6 d , � ., t' ; .7,,,zi ) i ..,..,.i e ✓ i 3.3 2/28/08 revision t Packet Page-213- OR' 4368 P(• 9117 3/24/2015 12.A. 'T 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 i 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-andi --, f,- .1 ;1\- -' '*e '>,e ' -1. Golf courses 8 golf club ff lit idie quarters, clubhouse, guest suitesiin&l'tiding temporary golf clu °bhouses'\ / /,2. Up to 2 sinel�fam y detached 4 elline units. '32, P%lec nforcnaton and * a L j f ',Fr o ' t p / ) .mss'1 4.3: Community and gf course\maintenance ,des, maintenance buildings, essenC ral\services, irrigation wra avid uert storage tanks and ponds, ?asp > %"�, i water Wastewater treatment j ant., tilit+'pumping facilities and pump building utility and maintenance staff offices. 5.... Anv of the lies.of:lhe"F'Dj r>pt.subject to the development standards of the"P"District, ' 6.4. 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 1. Accessory uses and structures customarily associated with the principal uses permitted in this District 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 4.1 S 2128/08 revision 1 I Packet Page -214- n OR' 43b8 ^. 1/1111 3/24/2015 12.A. 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 tlx foregoing uses and which the Plannin Services Department Director determines to be compatible. 43 DEVELOPMENT REG ��,, OILS -GOLF'FACILITIES, \ A. Principal stru tctnt�s 1 be set bacl_ainimuin of`twenty feet (20') from Golf Course District,boundan 4ad-private roads, and twenty-five feet(25') from all PUD bounden ` `'\� et ` F �. ` . �.E , Accessory structures l set back a nuninum o ten feet (10') from Golf B SOS't,, , .:� .� Course Disriet\boundaries and private roads l and itienty feet(20')from all PUD boundaries argjesidential tracts. / C. Lighting facilities sh be arranged in a manner which will protect roadways and residential properhedinim dire. t glared ale interference. D. Maximum height of 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 arca, 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. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S.41. 4.2 2/28/08 revision Packet Page -215- -- rwmir PtAAA OR: 4368 3/24/2015 12.A. i 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-SINGLE FAMILY CRITERIA Plo building or structuteorpart thereof shall be erected,awful or useai.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 andprivate roads.and two hundredfeet(200')_fromall PUD boundaries. D. Accessory structures shall be set back a minimum-of ten (10') from Golf Course District boundaries andprvate roads.and two hundred feet(2001 from all PUD boundaries and rrtialrtrac`. Fences. gates and non-habitable pie houses are exempt +e k iiiret *paragraph 4.4.13, r �lSVELOPMETr STANDARDSFOR 7 / 74 aS '_'SI NCLB FFAMILY \ Flu" • ;/2Q Side Yard \tea°:. ,.;`—,..._--_..�.-- `�,/ 2. Rear Yard Prddid..:1 „t ( V e '` 2 • L t --i,!7:r7;rr,,:Ti rfi:7:171 r -1 1$zoned hcirht acelmanitharinim Allstistimaucslabstaslonatbsrxisantast. •Frontt y df ill be mriaar fl w folio • dfbt-of-wav fine. sauteorelseofmma at6feot41dady, Rsasiaa ana-Carla 4.3 2/28/08 revision Packet Page -216- m„ .., OR: 4365 Pr3/24/2015 12.A. i (g^., Permitted accessory uses and structures: a. Customary accessory uses and structures,including but notlimited to:. i. Covered parking.attached and detached garages. ii. jtecreational facilities including but not limited to cols and tennis .• courts iii. Equestrian ba_rn_s and WR rttenanccS iv. Water management facilities and lakes v. One (1)guest house (as allowed by the Land Development Codc)per. principal structure and two(2)service quarters supporting the principal structure. The_pest house and service hers combined shall not, exceed 40%of the size of thy princinal structure. The service garters will not be counted as additional density. vi. Storage_facilities • b. Any other acc sso- " h ich'i corrinarable in nature with the foregoing uses and which theme x k.en /teals determines to be compatible in • this district/o;- l``'am ; . • I / r ---•P -1___. /T (t . . \ „ ,,, i .t M : OR: 43611 T^. 0111'14 3/24/2015 12.A. 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. I co 5.3 USES PERMITTM/ \e No building or stru ur /or an tWiercof,shall erected altered or used,or land used, in whole or in part,for other thanollowing: \ R A. Principal Uses ) I '/.. ," 2. Passive reCreatitiriallueaslimitvzItOtne following: BeiirdwldW C i $icycle paw' iji, environmental uses(wetlands and conservation areas) iv. Flower beds v_j Golf cart paths Pathways and/or bridges vii. Handicap ramrls viii. Equestrian uses and trails* i Fitness trails and shelters* b diking and nature trails Ai, Open space drainage systems(required for the permitting of the project) zi. Parking lots(in support of any use within this section) * xiii• ,sidewalks* 3jx Underground drainage xv. Water parks(fountains) 5.1 2128/08 revision 1 Packet Page-218- r -- OR; 4368 -- - 3/24/2015 12.A. A.Y L Lake(including structural bank treatments) • boat(non-motorized).kayak and canoe docks xviii. Fishing piers Guardhouses.¢alehouses zx Passive parks. with passive recreational uses subiect to this section, [Intended to be limited to the definition in_the Land. Development Codel Gazebos xxii. Picnic areas 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. J estroom facilities * *Brit of Vanderbilt Drive only d aTh, . k • „ : . : '77,70.\.,77\/ I I l& Any of a ory use which is curs aranie in nature with the foregoing uses ands' ld'fi'the.l'lanning_Servtas.�artment Director determines to be co atib�leY f SA DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Seetiee 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'). 5.2 2J28/08 revision Packet Page -219- --- AT 4368 3/24/201512.A. 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. • 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT • A non-exclusive conservation easement or tract is required by Collier County Land Development C 72787444: 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 accordan9 he -set forth in any applicable permit granted • by other agencies. The vTlo! ,ats sa �s for assigns, including the Master Property Owners' Assocta*i --shall be responsible foricontral and maintenance of lands within the Preserve District( `? N f' �- G-",f C � ` . ` ' \\71-- t ' . „ C\-)"/ .. " 5.3 2128/08 revision • Packet Page -220- ""1 -.__ 0R: 4368 3/24/2015 12.A.- 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 shall apply to this Project even if the land within the PUD is not to be planed. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document The Developer, his suec r or gn,shall ill ow Amended Master Plan and thr regulations of the PUD ls'.adopted, and any other conditions or modifications as may be agreed to in the rezonm inf thhe_prropertyT-In- ; tion,any successor or assignee in title,is bound by the commitments within thisagreetnenl; 4 i °�� � 63 PUD MASTER PZ� As by t e S a Aareement and Release �r A A. Exhibit "gee` the Amen ed PUD Master P `�illustrates the proposed development and is conceptual in nature.) ,' tract, lot or land use s boundaries of ecral land use boundartes,.shall not be construed to be specific and may be adjusted,during the platting:"'off site development plan approval process. Subject 16 the pp ovistons of e 2:'.'.`. of the Land Development Code,PUD amendments`ntayke tni to,u'6ime 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 all common areas in the Project. C. The following shall be considered minor changes and refinements,subject to the limitations of PUD,Section 6.3k 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. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South 6.1 2/28/08 revision Packet Page -221- .. OR: 4368 nn. "'1[ 3/24/2015 12.A. 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 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is contemplated in calendar year 2000 with •• •letion of the golf course and Project infrastructure anticipated to occur in an I m S •t I. Marketing of commercial and residential sites and'gol f �. .: _ ":,_ ,are to begin in calendar year 2000, and are expect concluded in caleddar 2010. B. Monitoring ann monitor r►g report shall be submitted pursuant to the Collier County Ladd Developme°.nt Code. C. The C a�co atchae Bay PUD Shall pubjt W the Sunset Provisions of Section 2.7.3 4 of the! amd.Dev as r . ed r ;p > r� by h 7 of the attached SeWement'Agreement and Release. \71. 1a& / 6.5 POLLING PLACES " / f ` j �e Pursuant to Seetfee-2 3 of d the-Lan Develvprnant, provision shall be made for the future use of space within tt conimon lldtng-for the purpose of accommodating the function of an electoral polling 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 Sitbaeatieef the LDC. Due to the environmental issues on this Project impacts are to be minimized. 6.2 2128/08 revision Packet Page -222- flRA362 nn. namr 3/24/2015 12.A. .�T D. Private streets shall conform with the right-of-wry width a uireueuu of the Land Development Code LDG except as follows: 1. Cul-de-sacs and local streets less than one thousand feet(1,000') in length are required to have a minimum fifty foot (50') right-of-way width and two ten foot(10') wide travel lanes as required by the Land Development C2 . . . . 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 Subeeetion-3724:43464. 3. Tangents between reverse curves shall not be required under Subsection . the Land Development Code. • 4. Street grades may exceed four percent (4%) under Subeeetion .347871-4644,—ef the Land Development Code provided that applicable Florida D, — ---`` ion, Manual of Uniform Minimum Standards �s, +s' )-an criteria are met. 5. . . .. Pursuanit4 to the Land Development Code, t he/stn ilatsg,_ street--name manners Shall be approved by the Development SeAes-Director and conform with the Florida Department of /I'm po`' pi : 'way Arrnumstration Manual on Uniform Traffic €trol Deyic es aived. T requirements for street pavement III paiirosinactl +e edgf. g-of; main road system will be waive a.`1 Traffic circulation si'hrtage shall /conformance with Florida Department of Transportation ' 'ivstY Administration Manual on Unifomn Zraffic Control Devices`sta ndarde �.. � ' 6. _ - • It. r�,l s: _ i d Dec ,� t •,•�. tTe minimum d ch-A '.ftir internal roads shall be 30 feet with the exception of bothth ifii-�` road intersections which aball be 40 feet. 6.7 TRANSPORTATION—For Additional Information.see Settlement Amt and Release A. 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. 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 6.3 2/28/08 revision Packet Page -223- OR; 4368 PG's 24/2015 12.A.- ,f . 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 fed 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-ofwady a��cx "rngly will not be subject to road impact fee rte' ared for Collier County by Johnson • credits. The finalr -w�-, ,, gismo g, Inc. _- '. ' -. En rin A 1 ryr." show sequined n - ay for right turn lanes for this PUD, but theght-of--way shall generally be`of apical width of approximately 15 feet. Ili right-0-way c�reyaacc at the time requested by the County. ( _-s E. The Dever shall prov de • '',.. 1u. eet of right-of-way in fee simple • title, when ,talon t e P ;,'ron 'fie Wiggins Pass Road. Additional right-of-way;tts � tired in varying widths on't he north iside of Wiggins Pass Road as shown ci final four-lane plans for Collier County by Johnson Engineering, Inc. Such req night-,ofvay along Wiggins Pass Road shall be dedicated deditedrand,conveyed to Coll \County without consideration for impact fee credits ublic..madway; °t'. "and public utility improvements. The right-of-way conveya t ha T ✓at .s 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 673 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. 6.4 • 2/28/08 revision 1 Packet Page -224- r-� OR: 43-68 3/24/2015 12.A.- Orippowssmek a 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. F�turc 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. K The Developer shall meet the stormwater attenuation and water quality requirements for the future East/West lvingston 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 EasWVest Livingston Road along the Project property line in the f 4fatelitWater quality will be handled within the 167.5'right ese ►a�t3an r„ f L The Developer Shall Developerf design noise mitigation/abatement systems in accordance with the Collier�9otingr-i -Develops nt Cone. / r J. In the event the oinu fo' ': s. ` men 'to Viinnderbilt Drive or Wiggins Pass Roads tht�( °ve ,‘ .a l iaojeat's access to Vanderbilt Drive, the Developer,shal�,ebe�ir /cost,„ >tlx ca essand�/appropnate turn lanes. 6.8 UTILITIES =' a l / • The development of tht E�PUD Master Plat4sWI be subject to and governed by the following conditions:;;,' - - / ! A. Water distribution, sewage coollettion 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 tlx Project. During design of these facilities,the following features shall be incorporated into the distribution system: 6.5 2/28/08 revision — Packet Page -225 ► OR: 4368 3/24/2015 12.A. - • 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 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. E. All construction plans and technical specifications and proposed plats, if applicable,for the proposea�u s tinust be reviewed and approved prior to commencement of Y 6n-----,,,,1 ;7.. F. A sewer distribution system shall be obnstruted throughout the project development/by peveloper--pursuant to all\current requirements of Collier County and the state of Aori_da`-Sewer facilities constructed within platted rights- of-way or wi n eiseit ents i ollier County Ordinance 97-17, shall be cOnv eed to o znty "`�DiStrict for ownership, operation and marnt siancc, 1 sew.orW jacculitres � private property and not required by,:tl e�County to be located within utility easements shall be owned, operated anif, aintained by the Developed.hi ass 'or successors. G. All coristru ctt pans o � and technical �' �eafions and proposed plats, if applicable,for the,ptoposed-sewer...systeiii abbe reviewed and approved prior to commencement of ttu eon. i 6.9 ENVIRONMENTAL The development of this wed 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. 6.6 2128/08 revision II Packet Page -226- " --1` 3/24/2015 12.A. Buffers and setbacks shall be in accordance with 3-3-8-4-7-3—et 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/preservations areas,shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 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-sly he ' !�.tte to Planning Services Section staff for review and approyarin ‘)?tistruction plan approval. A Bald Eagle Managerirent and a Gopbor Tc:iiit4esOanarm=nt Plan are required for this site. //1( )i 6.10 ENGINEERING (') -N A. Detailed pavnv its,.\grading, site drainag� ndi utiit plans shall be submitted to Engineering Reffiew Services for review. to constriction permits shall be issued • unless and urns l approval of the proposed'cgn*nrction in accordance with the submitted plans is` t4by-the.Batt Review Services. C -' B. Design and construction of a-lt-1tnp:uteneats 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 requited 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 Ditieien-3-3-e€the Collier County Code of Laws and Ordinances and South Florida Water Management District Rules. 6.7 2/28/08 revision Packet Page -227- OR: 4368 "34/ 4/2"^ 2015 12.A. r 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 • 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 o`• 1. General, ; t..,'.! `� A. All:County mg-Tr'regulations sons sons hall apply unless such regulations are in conflictwi lions f' tfiEtection. ((B. For the pnc�se`�o is P Docut u/ rdinance, each platted parcel shall be�\considered a separatelpanxl of laricciUrid shall be entitled to signs as pernuttou herein. C. Should any(,o -the signs be requested ,be;,.plac ed within the public rights- of-way,a` "\ yt^rg�t-:o��-waypetrnt �ti �rphed 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 a maximum area of 40 square feet each or one(I)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 streets or going into adjacent residences. 6.8 2128/08 revision • Packet Page -228- I ! . , or. 1A' ) 3/24/2015 12.A. r i 1 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: • t 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. 3) pro °s >�provided all lights are shielded in a .w rich prevents d' e_z+e,,which would impact the vision /`ofd'8nvers using the adjac a streets or going into adjacent f residoLa 'L -� I / 6.15 LANDSCAPING FOR IVEET A"it,N( A EAS 1 P ) l 1 i s rdance with the AD landscaping fr"af-& , Division-2A : of-the-Collier County Land Development Code in effect at�tte time of building permit application. "' f /� • ) `, 1 6.16 PROVISION FOR O F,SITE REMOVAL OF E iR BEN MATERIAL The excavation of earthen � ai 'ts'..3tockpilmg •in preparation of water management facilities or other watirbies 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 activities shall comply with the definition of a"development excavation"pursuant to Division 3.5 of the 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 i I excavated unless a commercial excavation permit is received. B. All other provisions of the Code of Laws and Ordinances said-Division 3.5 are applicable. 6.9 228✓08 revision Packet Page -229- OR. 436$ 3/24/2015 12.A. 1 n I i?' ri 1 r.,- riz;) ® i 4 I �J -'/ I 2 in r9 °�vi o ; oo rn r 20� nA, Nn a2 1. ni x y cri _cl to y �I Di rn a :.:::::::::::::::::::;V::::.:.:::*-t.'.' :!;,: Nj:■\' ''Q'. .', , ,.d.::::::::::::::::•::::.•:::::.••• • 5 ....:....•:.:.:.:.:.:.:•:...........2.„. .„,:•..:.:.:.:k. .......,,...„............,,.....:::::,::,.::::::::, .., .:::\ \ c, ; ...:.:.:.:::::::::::::::::„.„:„.....„::::,:„..., ________„--\ . \ 1 i'E J T \7)'\-2-:--;:;' \--‘----2---/-14,,,, *4"t;'..i\13' ''''.',.--:-1-.r. '— – :\ \\\ ,,,,,:, , . Nt .,,,,,,,,,,;,i,q, \(.„) . • A------< '.04"EN,°\.1°?i '.t \lir----- CilL r ..- ‘ , i t it ins a. 4 . 4 l r-+ j 1 I iii Exhibit"A"to Amended Planned Unit Development Document 1 COCOHATCHEE BAY Vanasse DATE: De-29-DD SCALE: foul Scow REV: O1-25-08 N.TS. PUB MASTER PLAN Daylor ,,m w3„ , wa PROJECT NO.: 80447 V111.117.44$1 o mum ACAD NO. 80447-PUD_MP7 Packet Page -230- OR: 436 3/24/2015 12.A. EXHIBIT B COCOHATCHEE BAY PUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has been coordinated through, and approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. Fish & Wildlife Service ("USFWS"), and the Florida Fish & Wildlife Conservation Commission("FFWCC").t A. PROJECT DESCRIPTION The applicant proposed to construct five high-rise condominiums (each 17 to 20 stories)`, a social and fitness center, a golf driving range,3 tennis courts, guest cottages, parking areas, and storm-water.management facilities on a 111.3-acre• project site. II-: .:: : �. . .. .• _ . •- . Z t -. - .. _ .. np at `for unavoidable effects to bald eagles at nest C)-19¢ aid now C p-19A)--the icaikt shall purchase and preserve suutabl� tat ri ba gl�s'in, or in the vicinity of, Collier County, in% ,uthwest Florida. Thdproj ct sit s'located north of Wiggins Pass Marina in Sections 8, 16, 17, and 2 ;,fownship'48 South, Range 25 East, Collier County, Flondi:\ � B. TERMS AND CONDITIO/4S :J -° 1. In the event of project implementations, the entry road, stormwater pond, parking area, and golf club house areas will be cleared and constructed in the first non-nesting season (May 16 through September 30). Exterior construction of the golf club house would also occur in the first non- nesting season. 2. Land clearing and the initiation of construction of condominium number 1 also would be initiated in the non-nesting season (May 16 through September 30). However, construction of this 20-story building, which is This section is from the DESCRIPTION OF THE PROPOSED ACTION section in the U.S.Fish& Wildlife Service's Biological Opinion dated February 27,2004,as amended on February 6 and February 27,2007 2 In accordance with the Cocohatchee Bay Development Standards,buildings#1,#2,#3,and#4 are 20- stories and building#5 is 17-stories. 3 Private practice area. Not open to the public. 4 Biological Opinion dated February 27,2004,Page 14,as amended on February 6 and February 27,2007. Packet Page-231- OR; 4368 Pr 3/24/2015 12.A. anticipated to take about 2 years to complete, would not be limited to the non-nesting season. The staging area for building number I would be at the future location of building number 3 (Figure 1). Site clearing for the staging areas would occur in the same non-nesting period. 3. In the second non-nesting season, construction of the remaining recreational facilities east of the access road (i.e., fitness facility, social facility, pool, cottages and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phase for condominium number 1. 4. Land clearing and the initiation of construction of condominium number 2 likely would begin in the next non-nesting season, depending on economic conditions. The pad for condominium number 3 would again serve as the staging area for condominium number 2. The permittee agrees the construction sequence r--the—remaining condominiums would be buildings 3, 4 and, ''' ,rte start o f2 nstruction of these condominiums initiated only iri ;;non-nesting season(s) (Figure 1). The construction start dates of these condominiums likely° would be in consecutive non- nesting seasons,but"could,be..delayed bas on'the economy. 5. The boardwalk " ect i n n tut Timbers 4 and 5 inside 660' of CO-19A two'1 d t,onl bye coy cted `' '.the uplands in the non-nesting season after;he .iwo.t ts`are. omp 'at the revised location as shown. k�` �;\ ' 6. In the event the eagle pair returns to CO'-19 or builds other nests on property owneti,_1 lodge Abbott,Associates, LLC, the permittee agrees to similarly modify the ns uctior:sequence on the remaining buildings to minimize the adverse edoffects-of-t e roject on nesting bald eagles. 7. The permittee has proposed to preserve an off-site bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19A. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The permittee will use best efforts to locate and secure a territory in Collier County, but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County. C. ADDITIONAL TERMS AND CONDITIONS5 S 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. Packet Page -232- OR: 4368 D -' 1 A 1 3/24/2015 12.A. The USACE has requested the USFWS to modify the February 17, 2004 biological opinion for the Cocohatchee development based on modifications to the project proposed by the applicant. The USFWS has reviewed the proposed project modifications and notes that they will result in the addition of the following two (2) items to the Terms and Conditions Section of the biological opinion: 1. The construction of condominiums numbers 2 and 3 can be initiated only during the non-nesting season (May 16 through September 30) (no earlier than 2008). However, once initiated, construction activities can carry over through the nesting season until the construction of each condominium is completed. 2. The applicant has agreed to purchase and preserve an offsite bald eagle nesting territory prior to the initiation of construction activities for the project. Securing a territory-may,be in the form of fee simple title or a conservation easement\abe� ante o an acceptable third party. The territory must incl ,de-sufficient area?,.i-' ommodate alternate nest trees in the event thatt ht1ie primary nest tree is'!ostt'The applicant will use best efforts to lccate`and seci .e_a..terrtory in Collier County, but reserves the right to search' els where if an acceptable contract cannot be secured in Collier Cpun : Ott a ibn ni a follows: ! f i) Preference wee given to do .o.fa pacel that presently supports active nestiiig by bald eagles,but a par l tha supports suitable habitat for attracting and.\supporting nesting lc eagles may also be considered acceptable. ` - , ` ✓f ii) Preference wild be g ver �bu not,. imited to, selection of a parcel of suitable habitat that h been-=sekcted and ranked as a conservation priority for preservation by agency process. iii) Proximity to other conservation lands being managed or identified for preservation and management, proximity to foraging areas, size, cover types, and presence of other species of conservation concern will be considered for selection of a parcel of suitable habitat for nesting bald eagles. D. CONSERVATION MEASURE6 Provided the necessary federal, state and local permits are obtained, the applicant will construct a 50- to 60-foot artificial nest tree on a salt flat approximately 5,000 feet northwest of the existing nest tree CO-19. The applicant shall utilize diligent efforts to attempt to obtain the necessary federal, state and local permits. The 6 Biological Opinion dated February 27,2004,page 15 Packet Page -233- OR: 4368 Pn. M17 3/24/2015 12.A. purpose of the artificial nest tree is to ascertain if eagles that are utilizing nest CO- 19 will relocate to the adjacent artificial tree. This specific location was chosen because it is within the territory of the eagles that nest at CO-19, farther than 1,000 feet from the proposed condominium construction area, well buffered from other potential conflicting land uses, and will minimize disturbance to wetland resources. The geotechnical engineer (ASC Geoservices, Incorporated) suggest that actual fill for the base structure in the salt flat wetland will be limited to a 25- square foot area, and can be pile driven by a crane from a floating barge. Water depths are adequate to reach the site, and representatives of the South Florida Water Management District will accompany the contractor during barging and tree installation to ensure that environmental damage will be minimized. The artificial nest tree will use technology developed for monopole cell towers with artificial bark, limbs and needles matching that of a mature slash pine with a crotch configuration suitable for construction of a nest by bald eagles. The tree will be designed to withstand 140 mph winds, be lightning proof and constructed of non-toxic materials. Examples-ef-- stechnology can be found at manufacturer websites such as www ri r ii ak+ �'``-or www.utilitycamo.com. The applicant also proposes"stt" irastall a video elan the nest tree to provide the residents of Cocohat 1i'eesBay and other interest('parties with an opportunity to monitor eagle nesting behavior:mThe_„final design of'the base, the nest tree, and the camera will be submitted tc the~Service.\ \ r 17 �T \ E. CHANGES HAT AFF CI THE RMS AND CONDITIONS Any revision by°the'U.S. Army Corp o ,EngineersJSACE), the U.S. Fish & Wildlife Service WS), and the Fdfisli '& Wildlife Conservation Commission (FFWCQ) that may cause revisibi,o(;iic above described terms and conditions will not re%u fiirther amen dme t of,, he Cocohatchee PUD or this Bald Eagle Management .,larij ;oul : curtent eagle pair or a second eagle e- pair build a new nest within P-U -toundary, any revisions to the above described terms and conditions required by the agencies listed above shall not require an amendment to this Bald Eagle Management Plan. The applicant shall notify the County in writing of any revisions to the above described terms and conditions approved by the agencies listed above and such revisions shall automatically become part of this Bald Eagle Management Plan and no further action to amend this Bald Eagle Management Plan shall be required. F. PHASING PLAN In accordance with B & C above, a phasing diagram has been included for reference. See Attachment 1. G. REASONABLE AND PRUDENT MEASURES' From Biological Opinion dated February 27,2004,pages 13-14 Packet Page -234- OR: 4368 Dr-. ')n44 3/24/2015 12.A. 1. 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 must make reasonable effort to prolong the integrity of the bald eagle nest tree, the nest, and the surrounding habitat. 2. Upon the onset of the nesting season each year of construction (October 1), the applicant must initiate monitoring according to Service draft monitoring guidelines, to detect the presence of bald eagles on the project site and, if present, any abnormal bald eagle behavior, since site work and building construction within the primary zone is proposed to occur during the nesting season. This monitoring consists of 4 hours per morning, for 3 days per week while construction is occurring. / 111(71-\ 1/ 1-1\1)j\-7‘ /7 Packet Page -235- OR. 4368 73/24/2015 12.A. 1 4 r r = It31 1 ""1 o o� o � MI II , L., a) t- N el pi. C it a e 2 1. _,- -.____ 1 J N\ ■ c i — --- -tom = y®1 = Iii � �� :....A; I \ V PN, ' i ilk_ 7i -/• 11 7g." , .1[...r v g 11. / D ilt I( ..„.„; ‘i-,..) iii\\' \_____, -) j 1 g. '1 1 '.‘;‘i is i ,I.,.1 ,,1---;-\---, ,,,,,- , ,/,/,&\\\----,,„.ot g: _, 4P':- .1. 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'-.. .__,---- ---- --- I 1 Exhibit 3 to Settlement Agreement and Release ......_ COCOHATCHEE BAY i ... . . '.. , VAN,k.SSE&DAYLOR 1 „..,-.,.. ,.. ,..... , • . _ -,,, I GOLF COLJEsE Emma i . -- . -:- ,- ,---, r '”: ..-- ,.. . , ._ aIMIMIIIIIIIIIIMIIIIIMIIIIIMIIIMIIIIr=ge777MMIMMIIIMIIIII " *** OR. 4368 ?SA- n A 114 3/24/2015 12.A. J I N I W+ ,..) E I-- S ,,,rc 4.. \ _, ..' \ ... .1 • I. - ' • ., .2:41,4: :, -:""--; e% 4.. .- -• " ' /' • 4'`,-.'' -..--: tr,..-i-.41'v,,fi: —- -. --4--"--..-, -'f' SS •( ; . • -..-=..----- -,,, __, ,4.. ,■ -I, ,t-, „,..*,, ,k. - , .-,.:-tr.--7-1.-i ..,.„.t - I: :N •■•.1:4 .• -1.'1. :'-, NCIRTHERN PUD FRONTAGE. - - .= i "'''''c), 6vd-r- - _.....- ,..- ALONG WESTERN VANDERBILT DR , ....4.. ,‘:.' F SY. --- • R/W = 201 7 L.F 4-7 ,":. s'— -'-'''y'll' ''':\.. ; ''1,5...4.-4#4 (1 0' WIDE SIDEWALK TO BE •"- . i. ' ..,-,9-.-.,--'- .ii ii'!''..'■ '' , ,.-7.-..,,." •CONSMUCTED/REPLACED),.,.. . + 1 Ap,44,4 -";":—;ji, t' ''' A .,m,:..4,.,,,L..... ..__........_ , " .. .., . . 1 : ., Iiii.....:.i.F.,., ..... ... i;OP• 7.,K,. . , 4. .,... I-A/I.._ 1.11'24.S.. ,...• - - ., ;:' t.---t.",' I'. ir IT . .1147.: . •', 7 .;,..1,,,' .1 ±4,,It r? Wier, - , -....-13 .1.lr'.,•jei..--A I Iv r• ,11647-1 e., • ' i i„,,,,,,iy . i .. Ll.t.....— , 4 / ---- /*--11,e- :3 1._ , \---, -...._...., .,........... ....: ", , ' c L 1 ( ''',. - '-'21", -'-'""---------------- N''''',. 'f tr-I-r- --........._ .......,-- vii3)' 1 coo°1°'4)te i — — —— PROPOSED SIDEWALK (10' WIDE hIULT1-USE ASPHALT) i . SOUTHERN PUD FRONTAGE ALONG WESTERN VANDERBILT DR. R/W e. 1,692 C.F. +/- ( 0. WIDE SIDEWALK TO BE CONSTRUCTED/REPLACED) Exhibit 4 to Settlement Agreement and Release IMAM Mt M A Man■Inort Irak birneern IMMO MI ha 1•32 3)4 4 7 Vanasse 1---9,k,hito." 1.--s-- Cocohatchee Partner4 Ltd KINSALE CONDOMINIUM Gf I Noting/ IL 3“ MOCOHATCHEE BAY P.U.D1 ht.*M 800 Laurel Oa, Dime, Stote 300 ____ ______ ,6447-SWO9 Daylor ...mil ,,wi,i..,....,.:„7,,,...,...i.s,...ix Naples, a .34;08 PUD R/W FRONTAGE EXHIBIT ISM IM Mom V 11$417 4601•11/41/44.34 •"HAN ue zrav t-m 12-10-07 Sheet No.1 PM) of 1 _ - _ . _ . .. ... . ...... .._ _ .. .___. Packet Pa:e -238- 3/24/2015 12.A. AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE This Amendment to Settlement Agreement and Release is executed this 21 day of Sa..aw , 2015, by and between the Board of County Commissioners of Collier County, Florida (the "County"), Lodge/Abbott Associates LLC ("Lodge"), and Lodge/Abbott Investments Associates LLC ("Investments Associates"). BACKGROUND A. The County and Lodge entered into a Settlement Agreement and Release dated June 9, 2008 (the"Settlement Agreement"), recorded at Official Records Book 4368, Page 2345, et seq., of the Public Records of Collier County, Florida; B. Among other things the Settlement Agreement resulted in approval by the County of an amendment to the Cocohatchee Bay PUD, Ord.No. 2000-88, set forth as Exhibit"2"to the Settlement Agreement(the"Amended PUD"); C. In the years since the Settlement Agreement, economic circumstances have been such that no development has been carried out under the Amended PUD and Lodge has determined that further amendment of the Amended PUD is desirable; D. Lodge conveyed a portion of the real property that is subject to the Amended PUD to Investments Associates by special warranty deed dated November 12, 2014, and recorded in Official Records Book 5095, Page 908, of the Public Records of Collier County, Florida; E. Lodge, joined by Investments Associates, has filed an application to further amend the Amended PUD and the County has concurrently with this Amendment to Settlement Agreement and Release approved the Amended Cocohatchee Bay PUD; F. Lodge, joined by Investments Associates, has requested that the Settlement Agreement be amended; and G. Consistent with the forgoing, the parties have agreed to amend certain terms set forth in the Settlement Agreement and have entered into this Amendment for that purpose. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged,the parties hereby agree as follows: 1. The above recitals are true and correct, are a part of this Amendment, and are a material inducement to the parties in entering into this Amendment. 2. It is acknowledged that the Amended PUD has been further amended by an Amended PUD concurrently approved by the Board of County Commissioners, under Ordinance Page 1of6 Cocohatcbec Bay PUD Text added is underlined PUDZ—PL20130001813 Text deleted is sty t rough Date:1/16/15 Packet Page -239- 3/24/2015 12.A. No. (the "2015 Amended Cocohatchee Bay PUD"). Consistent with its adoption the parties hereby amend the Settlement Agreement as follows. 3. Paragraph 2 of the Settlement Agreement is hereby amended to state: The settlement documents, at the time of execution of the Amendment to Settlement Agreement, will consist of the original PUD Ord. No. 2000-88 (Exhibit 1), the amended PUD, concurrently adopted (Exhibit 2), the revised Bald Eagle Management Plan for the 2015 a Amended Cocohatchee Bay PUD (attached as Exhibit "B" to the amended PUD), a phasing diagram entitled"Cocohatchee Bay Golf Course Exhibit" (Exhibit 3), and a Pathway Depiction (Exhibit 4). This Agreement and Rcl ase expressly states the acceptable deviations in development 4. The following Paragraph 5 of Settlement Agreement is hereby deleted in its entirety: 5. Lodge agrees to contribute $3 million to the County for -, - , ve (5) residential condominium buildings to fee adopted by the County If no fee is adopted or if the fee is less payment. 5. The following Paragraph 8 of the Settlement Agreement is hereby deleted in its entirety: 8. As each residential condominium building receives the first Lodge shall record restrictive covenants on one fifth (1/5) of what is '.mown as the GC Parcel, and when all five covenants are recorded, they will restrict the use of the entire GC Parcel to two (2) residential units and the uses described in the PUD for the golf course development area. The phasing diagram of this requirement is attached as Exhibit 3. These restrictive covenants shall each GC Parcel including without limitation the entire golf colrsc residential units, shall remain forever as green open space and be Page 2 of 6 Cocohatchee Bay PUD Text added is underlined PUDZ—PL20I30001813 Text deleted is etrecl:through Date:1/16/15 Packet Page -240- 3/24/2015 12.A. restrictive covenants will require a supermajority vote of the Board of County Commissioners. 6. The following Paragraph 11 of the Settlement Agreement is deleted in its entirety: 11. The maximum number of dwelling units to be constructed by Lodge shall not exceed 590 units. Of these, a maximum of 590 units may be multi family and constructed on the R Parcel. However, two (2) units of the 590 may be single family units to be family dwelling units on the GC Parcel shall be as set forth in Section'!. in the amended PUD, attached hereto as Exhibit 2. 7. The following Paragraph 12 of the Settlement Agreement is deleted in its entirety: 12. What has been referred to as the R 1 and R 2 Parcels shall " - - - .-- - . * - * -- -- - - ------ s t a n d a r d s s for the R Parcel are as set forth in Table II of Paragraph 3.5 of the amended PUD (except as may be expressly modified by the Agreement and Release). 8. All other provisions of the Settlement Agreement making reference to the Amended PUD and its content are amended to refer to the 2015 Amended Cocohatchee Bay PUD. 9. To the extent that there is a conflict between the terms of the Settlement Agreement, as hereby amended, and the terms, entitlements, impositions, and obligations imposed by the 2015 Amended Cocohatchee Bay PUD,the latter shall control. 10. Except as modified hereby, the Settlement Agreement remains in full force and effect. Any provision of the Settlement Agreement pertaining to land uses as are intended to continue and be binding and applicable are incorporated into the 2015 Amended Cocohatchee Bay PUD. The parties have executed this instrument as of the day and year first above written. [SIGNATURE PAGES TO FOLLOW.] Page 3 of 6 Cocohatchee Bay PUD Text added is underlined PUDZ—PL20130001813 Text deleted is etrusk ough Date:1/16/15 Packet Page-241- 3/24/2015 12.A. AFi EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Tim Nance, Chairman STATE OF COUNTY OF I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of , 201_, by Tim Nance, as Chairman of The Collier County Board of County Commissioners, who is personally known to me OR—produced as identification. Notary Public (Notary Seal) Printed Name of Notary Public My Commission Expires: Approved as to form and legal sufficiency Jeffrey A. Klatzkow, County Attorney Page 4 of 6 Cocohatcbee Bay PUD Text added is underlined PUDZ—PL20130001813 Text deleted is etruck through Date:1/161 5 Packet Page -242- 3/24/2015 12.A. Witn sses: LODGE/ABBOTT ASSOCIATES LLC G�%ti%71,C ("r d(Le� j Wane 1 By; 4,µ/V it,IAMA/1 f,C2/7fiir`'' (2. (.1 //At* e Printed Name: war R_—Se��►o--ae r� Printed name o wi� ss#1 \I t mot. f rtS 1 at riT Y Title: Wi .- 1 M ..-he,► e e. W a I kex- Printed name of Witness#2 STATE OF M1C.HiOfAt' COUNTY OF W Ay t € I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 21 S+ day of Sar wary , 2015 by EAwar& R.. StAmm t'er_ , as V i e.e nrt s i Xe,* of LODGE/ABBOTT ASSOCIATES LLC, a Michigan limited liability company, on behalf of the company, who—is personally known to me OR produced as identification. ,;,,,,,t1, a. xii-:-Lks_k„ Notary blic (Notary Seal) M i c_4,e-t-e.. C- atker Printed Name of Notary Public My Commission Expires: MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,2018 ACTING IN COUNTY OF wilve, Page 5 of 6 Cocohatchee Bay PUD Text added is underlined PUDZ—PL20130001813 Text deleted is steusk-4hre41 Date:1/16/15 Packet Page -243- 3/24/2015 12.A. Witrsses: LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC Wime #1 By: OA 111"e .''• tiles ih�P By rinter/na e witness,#1 L: Printed Name: Ca,WB.r.4 R. �G onper� Wim #2 Title: V icy ?re-5l at, e ic, e W .Ikex- Printed name of Witness#2 STATE OF M I c.1.4 a A hi COUNTY OF tnl Ay N E I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this 2,1_5+ day of Say,u- rat , 2015, by Edvaz►rk R, S c.1•on'rer , as 4 ic.e ere s4e.,y-c4 of LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC, a Michigan limited liability company, on behalf of the company, who is personally known to me OR produced as identification. i ' of la_th Not ' ulic (Notary Seal) M .e.he e L' . Walk -r Printed Name of Notary Public My Commission Expires: MICHELE C WALKER NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Jun 10,2018 ACTING IN COUNTY OF W , Page 6 of 6 Cocohatchee Bay PUD Text added is underlined PUDZ—PL20130001 813 Text deleted is strut;:through Date:1/16/15 Packet Page-244- 3/24/2015 12.A. COCOHATCHEE BAY PUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has been coordinated through, and approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. Fish & Wildlife Service ("USFWS"), and the Florida Fish & Wildlife Conservation Commission("FFWCC"),I A. PROJECT DESCRIPTION The applicant proposed to construct five high-rise condominiums (four to 20 stories and one to 17 stories)2,a social and fitness center,tennis courts,up to 652 residential units,parking areas,and storm water management facilities on a 625.6 acre project site. To compensate for unavoidable effects to bald eagles at nest CO-19A, the applicant has purchased a 93.5+ acres which will be added to the PUD boundary and preserved in perpetuity. The property is directly adjacent to preserved public lands (Barefoot Beach) in Collier County, Florida. The project site is located north of Wiggins Pass Marina in Sections 8, 16, 17, and 20, Township 48 South,Range 25 East,Collier County,Florida. B. TERMS AND CONDITIONS2 1. In the event of project implementations,the entry road, stormwater pond, parking area and club house areas will be cleared and constructed in the first non-nesting season (May 16 through September 30). Exterior construction of the club house would also occur in the first non-nesting season. 2. Land clearing and the initiation of construction of condominium building number 1 also would be initiated in the non-nesting season (May 16 through September 30). However, construction of this 20-story building, which is anticipated to take about 2 years to complete, would not be limited to the non-nesting season. The staging area for building number 1 would be at the future location of building number 3 (Figure 1). Site clearing for the staging areas would occur in the same non-nesting period. 'This section is from the DESCRIPTION OF THE PROPOSED ACTION section in the U.S.Fish& Wildlife Service's Biological Opinion dated February 27,2004. 2 In accordance with the Cocohatchee Bay Development Standards,buildings#1,#2,#3,and#4 are 20- stories and building#5 is 17-stories. 3 Biological Opinion dated February 27,2004,Page 14. Packet Page -245- 3/24/2015 12.A. 3. In the second non-nesting season, construction of the remaining recreational facilities west of the access road (i.e., fitness facility, social facility, pool, cottages and tennis areas) would be initiated and exterior construction completed. These facilities are intended to be operational upon completion of the 2-year construction phase for condominium building number 5. 4. Land clearing and the initiation of construction of condominium building number 2 likely would begin in the next non-nesting season,depending on economic conditions. The pad for condominium building number 3 would again serve as the staging area for condominium building number 2. The permittee agrees the construction sequence for the remaining condominiums would be buildings 3, 4, and 5 with the start of construction of these condominiums initiated only in the non-nesting season(s)(Figure 1). The construction start dates of these condominiums likely would be in consecutive non-nesting seasons,but could be delayed based on the economy. 5. The boardwalk connecting condominium building numbers 4 and 5 inside 660' of CO-19A would only be constructed in the uplands in the non- nesting season after these two buildings are completed and at the location as shown. 6. In the event the bald eagle pair returns to CO-19 or builds other nests on property owned by Lodge Abbott Associates,LLC,the permittee agrees to similarly modify the construction sequence on the remaining buildings to minimize the adverse effects of the project on nesting bald eagles. 7. The permittee has preserved an off-site bald eagle nesting territory as compensation for unavoidable effects to eagle nest CO-19A. The purchased property is located in Collier County directly adjacent to the Barefoot Beach preserve lands. C. ADDITIONAL TERMS AND CONDITIONS4 The applicant requested that the USFWS modify the February 17,2004 biological opinion for the Cocohatchee development based on modifications to the project previously proposed by the applicant. The amendment included the following changes to the Terms and Conditions Section of the biological opinion: 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 6,2006 and February 27, 2007 Biological Opinion amendments. Packet Page -246- 3/24/2015 12.A. 1. The construction of condominium building numbers 2 and 3 can be • initiated only during the non-nesting season(May 16 through September 30) (no earlier than 2015). However, once initiated. construction activities can carry over through the nesting season until the construction of each building is completed. 2. The applicant has purchased an additional 93.60 acres within the eagles nesting territory and will preserve those lands in perpetuity to offset the potential impacts to the current nesting area as a result of the project proposal. The property purchased is immediately adjacent to other conservation lands(Barefoot Beach)being managed. D. CHANGES THAT AFFECT THE ABOVE TERMS AND CONDITIONS Any revision by the U.S. Army Corp of Engineers (USAGE), the U.S. Fish & Wildlife Service (USFWS), and the Florida Fish & Wildlife Conservation Commission(FFWCC)that may cause revision of the above described terms and conditions will not require further amendment of the Cocohatchee Bay PUD or this Bald Eagle Management flan. Should the current eagle pair or a second eagle pair build a new nest within the PUD boundary. any revisions to the above described terms and conditions required by the agencies listed above shall not require an amendment to this Bald Eagle Management Plan. The applicant shall notify the County in writing of any revisions to the above described terms and conditions approved by the agencies listed above and such revisions shall automatically become part of this Bald Eagle Management Plan and no further action to amend this Bald Eagle Management Plan shall be required. E. PHASING PLAN In accordance with B & C above, a phasing diagram has been included for reference. See Attachment I. F. REASONABLE AND PRUDENT MIASURESS 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 must make reasonable effort to prolong the integrity of the bald eagle nest tree. the nest,and the surrounding habitat. From Biological Opinion dated February 27.2004,pages 13-14 Packet Page -247- 3/24/2015 12.A. '4 2. Upon the onset of the nesting season each year of construction (October 1), the applicant must initiate monitoring according to Service Draft Monitoring Guidelines,to detect the presence of bald eagles on the project site and,if present,any abnormal bald eagle behavior,since site work and building construction within the primary zone is proposed to occur during the nesting season. This monitoring consists of 4 hours per morning,for 3 days per week while construction is occurring. • Packet Page -248- 3/24/2015 12.A. C: Tl,, , United States Department of the interior "'.: ° FISH AND WILDLIFE SERVICE 3 ' t = �{�`a• South Florida Ecological Services Office 1339 20th Street Vero Beach,Florida 32960 February 27,2007, Colonel Paul L. Grosskruger District Commander U.S. Army Corps of Engineers 701 San Marco Boulevard,Room 372 Jacksonville,Florida 32207-8175 Service Federal Activity Code: 41420-2007-FA-1681 Service Consultation Code: 41420-2007-F- 0638 Corps Application No.: SAJ-2003-00526 (1P-TWM) Date of Reinitiation of Formal Consultation: November 30,2006 Project: Cocohatchee Development Applicant: Cocohatchee Partners, Limited County: Collier Dear Colonel Grosskruger: This letter constitutes an amendment to the Cocohatchee Development project letter dated February 6, 2007. The Fish and Wildlife Service(Service)has received an updated version of the site map originally attached to the February 6, 2007, letter. The Service has assessed the proposed amendment by reviewing the new map for consistency with the text in the letter and considers the proposed amendment appropriate. The new map,identified here as Figure 1 will replace Figure 1 in the February 6, 2007, letter. As of the date of this letter, the February 6,2007 letter for the Cocohatchee Development project is amended. All other components of the February 6,2007, letter and the February 27, 2004, Biological Opinion for this project remain unchanged. Please attach this amendment to the original biological opinion. Thank you for your efforts in protecting Florida's listed species. If you have any questions, please contact Al Begazo at 772-562-3909, extension 234. Sincerely yours, Paul Souza Field Supervisor South Florida Ecological Services Office TAKE PR Ee' I NAM ERIC:A Packet Page -249- • 3/24/2015 12.A. Enclosures cc: w/enclosures: Corps, Fort Myers,Florida(Melissa Ellis) Service,Jacksonville Ecological Services Office(Bald Eagle Species Lead) District,West Palm Beach,Florida FWC,Tallahassee, Florida(Brad Gruver) Lee County,Division of Planning and Environmental Sciences,Fort Myers,Florida Service,Atlanta,Georgia(Ken Graham) • 2 II Packet Page -250- _ - - - 3/24/2015 12.A. 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