Agenda 04/22-23/2008 Item #17A
Aoenda Item No. 17 A
~ April 22, 2008
Page 1 of 117
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners consider approving a
Settlement Agreement and Release with Lodge Abbott Associates, LLC (owner of the
Cocohatchee Bay Planned Unit Development) to settle alleged claims, including an alleged
Bert Harris Act claim purportedly arising from denial of an amendment to the
Cocohatchee Bay PUD to modify the Bald Eagle Management Plan, and Lodge Abbott
Associates, LLC v. Collier County, Case No. 05-967-CA, now pending in the Twentieth
Judicial Circuit in and for Collier County, Florida, as well as amended Cocohatchee Bay
PUD Document with attached Bald Eagle Management Plan.
OBJECTIVE: Recommendation that the Board of County Commissioners consider approving
a Settlement Agreement and Release with Lodge Abbott Associates, LLC ("Lodge Abbott")
(owner of the Cocohatchee Bay Planned Unit Development) to resolve alleged claims, including
an alleged Bert Harris Act claim purportedly arising from the denial of an amendment to the
Cocohatchee Bay PUD to modify the Bald Eagle Management Plan, and Lodge Abbott
Associates. LLC v. Collier Count)', Case No. 05-967-CA, now pending in the Twentieth Judicial
Circuit in and for Collier County, Florida, as well as amended Cocohatchee Bay PUD Document
with attached Bald Eagle Management Plan (BEMP).
CONSIDERATIONS: On or around May I, 2006, Lodge Abbott submitted a notice of claim
to Collier County purportedly pursuant to the Bert J. HaITis, Jr., Private Property Rights
Protection Act, Section 70.001, Fla. Stat. This claim allegedly arises from the Board's May 10,
2005 denial to a requested amendment of the Cocohatchee Bay PUD to modify the Bald Eagle
Management Plan. In addition, Lodge Abbott also filed a Petition for Ccrtiorari, Case No. 05-
967-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. The
general purpose of this Petition is to attack the Board's decision and request the court to require
the Board to hold arother hearing on the matter.
On December 12, 2006, the Board gave direction to the County Attorney Office and staff to draft
a settlement agreement with Lodge Abbott to resolve all claims allegedly arising from the denial
of the amendment to the Cocohatchee Bay PUD on May 10, 2005. The Board further requested
that the settlement agreement be returned to the Board for final review. The Board's action on
December 12, 2006 was taken in accordance with Section 70.001 (4)(c), Fla. Stat., which
provides that governmental entities shall make a written settlement offer when confronted with a
Bert Harris Act claim. Section 70.001(4)(c) provides broad authority to a governmental entity to
fashion a settlement but also allows the governmental entity to offer a settlement of no change to
the original governmental action. The possibilities for settlement may involve any of the
following according to the statutory scheme:
1.
2.
.- 3.
4.
An adjustment of land development or permit standards or other provlSlons
controlling the developmcnt or use of land.
Increases or modifications in the density, intensity, or use of areas of
development.
The transfer of developmental rights.
Land swaps or exchanges.
Agenda Item No. 17 A
/lVil 22, 2008
Page 2 of 117
5. Mitigation, including payments in lieu of onsite mitigation.
6. Location on the least sensitive portion of the property.
7. Conditioning the amount of development or use permitted.
8. A requirement that issues be addressed on a more comprehensive basis than a
single proposed use or development.
9. Issuanee of the development order, a varJance, special exception, or other
extraordinary relief.
10. Purchase of the real property, or an interest therein, by an appropriate
governmental entity.
II. No changes to the action of the governmental entity.
In this case, the Board is authorizing an amendment of the Cocohatchee Bay PUD by settlement,
which is clearly permitted under the above listed alternatives. A copy of the proposed Settlement
Agreement and Release, amended PUD Docun1ent with amended Bald Eagle Management Plan
for the Board's consideration is attached to this Executive Summary.
The Settlement Agreement and Release with attachments was brought to the Board at its July 24,
2007 meeting. Due to additional changes that were made to the Agreement (as identified on
pages 2 ard 3 of the 7/24/07 Executive Summary), the Board directed that the Collier County
Plarming Commission (CCPC) review the Settlement Agreement and Release and determine
consistency of the Settlement Agreement with the PUD and the LDC.
The CCPC reviewed the Agreement over the course of three meetings. These meetings were
held on December 13, 2007, January II, 2008, and February 25, 2008. As a result, the
documents for the Board to review now include a revised Settlement Agreement and Release; an
amended PUD Document with the development standards that were forn1erly in the Settlement
Agreement together with any amendments to those standards; and a revised Bald Eagle
Management Plan as an exhibit to the amended PUD Document.
The Planning Commission has submitted a Report which outlines their proposed changes to the
Settlement Agreement and the PUD, which Report is included as back-up to this Executive
Summary.
The Site Development Plans (SDPs) as referenced in the sdtlemcnt agreement have been
reviewed aJ1d approved by County Staff pursuant to the LaJld Development Code, the
Cocohatchee Planncd Unit Development and the proposed Settlement Agreement.
FISCAL IMPACT: The pUlported Bert Han-is Act claim was accompanied by an appraisal
that asserted a diminution in value of approximately $240 million due to the denial of the PUD
amendment in May of2005. In addition, if Lodge Abbott is successful in prosecuting the claim,
it would be entitled to reasonable attorneys' fees and costs. At this time, of course, the purported
BeJ1 Harris Act Claim is disputcd and any ultimate potential fiscal impact to the County is in fact
unknown. The cost of defcnding against thc claim is currently being paid through Community
Development and Environmental Services/Fund III. No insuranee exists to cover damages
under the Bert Harris Act.
2
Aaenda Item No. 17 A
~ .l;pril 22, 2008
Page 3 of 117
GROWTH MANAGEMENT IMPACT: The Bert Harris Act allows deviations with the
County's Growth Management Plan where a local government detennines that the public interest
in the ordinance at issue is protected by the terms of the settlement agreement.
RECOMMENDA nON: It is recommended that the Board of County Commissioners consider
approving the attached Settlement Agreement and Release with Lodge Abbott as well amended
PUD Document with attached amended Bald Eagle Management Plan. Aceordingly, the
Chairman should be authorized to execute that Settlement Agreement and Release.
PREPARED BY: This Executive Summary is substantially similar to the July 24, 2007
Exeeutive Summary, prepared by Michael Pettit, then Chief Assistant County Attorney, and has
been updated by Jeffrey A. Klatzkow, Chief Assistant County Attorney
06-CMD-Q0024i1275
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Page I of 1
Agenda Item No. 17.1'-.
April 22. 2008
Page 4 of 117
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
17A
This item continued from the March 25, 2008 Bee Meeting. Recommendation that the Board
of County Commissioners consider approving a Settlement Agreement and Release with
Lodge Abbott Associates, LLC (owner of the Cocohatchee Bay Planned Unit Development)
to settle alleged claims, including an alleged Bert Harris Act claim purportedly arising from
denIal of an amendment to the Cocohatchee Bay PUD to modify the Bald Eagle
Management Plan, and Lodge Abbott Associates. LLC v, Collier County, Case No. 05-967-
CA, now pending In the Twentieth JudIcial Circuit in and for Collier County, Florida, as well as
amended Cocohatchee Bay PUD Document with attached Bald Eagle Management Plan
Meeting Date:
4/22120089.00.00 AM
Prepared By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/13/20084:09:48 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/13/20084:39 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
3/13/20088:23 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/8/20087:50 AM
Approved By
John A. Yonkcsky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
4/8/20083:37 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/15/20082:15 PM
file://C:IAQendaTestIExnortll 05-AnriJ%2022.%20200RI 17.%20S1 JMMARY%20AGFNOA..
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r\genda item No. 17 A
,l\pril 22, 2008
i"age5of117
C(,PC SlTM:\1ARY OF COCOHATCHEE BERT HARRIS REVm,V
Date: 2-25-08
Background:
Over a period of 3 months and 3 separate meetings. the Collier County Planning Commission
(CCPC) publicly reviewed a Settlement Agreement remanded to the CCPC by the Board of
County Commissioners (Bee). This Agreement was the result of a contested Planned Unit
Development (PUD) known as the Cocohatchee PUD. The BCC instructed the CCPC to review
the content of the Settlement Agreement and determine consistency of the Settlement Agreement
with the PUD and the County Land Development Code (LDC).
Results:
Each paragraph of the Agreement was reviewed and discussed. In many instances there were
changes suggested to better focus and define the intent of the paragraphs, those are all outlined in
the attached documentation.
Cel1ain sections of the Agreement required more intense discussion and thus debate with
members of the CCPC as well as interaction with representatives of the ownership of the PUD.
In order to provide the critical points in as brief a manner as possible, those items of primary
concern are as follows:
I. In order to assure that future staff members as well as the public will be able to accurately
track the actual development standards that this project will have as a result of the
Settlement Agreement, it is rccommcnded that the tenns of the Settlement Agreement be
incorporated into a strikethrough version of the PUD and recorded as an amendment to
the PUD ordinance. The following is a summary of the various document and exhibits:
a. Amended PLlJ) (2113/08 revision)
b. Amended site plan as Exhibit "A" to the Amended PUD (Rev 01-25-08)
c. Amended Bald Eagle Management Plan as Exhibit "B" to Amended PUD (with
footnote #4 updated 2-27-07)
d. Settlement Agreement as Exhibit "C" to Amcnded PUD (2-08-08 revision)
I. Original PUD as Exhibit I to Settlement Agreement (Ordinanee 2000-88)
II. Amended PLlD as Exhibit 2 to Settlement Agreement (2/13/08 revision)
(which includes the Amended Bald Eagle Management Plan as Exhibit B
(with footnote #4 updated 2-27-07))
Ill. Phasing plan of Golf Course as Exhibit 3 to Settlement Agreement (rev 7-
18-07)
IV. Pathways plan as Exhibit 4 to Settlement Agreement (Date: 12-10-07)
2. The on-site bald eagle relocated to a new nest north of the old location. the Settlement
Agreement incorporates a new management plan reflecting the new loeation and re-
establishes the phasing of the project consistent with the new nest site.
Agenda item No. 17 A
April 22, 2008
Page 6 of 117
3. All references that dealt with docks or alluded to docks are recommended to be struck
from the Settlement Agreement. Since the SDP's, once they reach a tentative state of
approval subject to the terms of the Settlement Agreement, are incorporatcd as approved
as part of this Agreement, it is recommended that the SDP's likewise remove all
references to docks or dock pCrIllltting.
4. The terminology for retaining "passive recreation" on the golf course site, should the golf
coursc operations ccase, were defined and addcd to the Settlement Agreement. These
uses werc listed in the language in the Prescrve section of the PUD and referenced in the
Golf Course section.
5. The manner in which height was mcasurcd and defincd originally in the Settlement
Agreement was inconsistent with the PUD. This was corrected and the height references
in the Settlement Agreement now coincide with the PUD. This projecl is utilizing two
stories of primarily under building parking and the first habitable floor, as thc term
habitable is defined in our Code of Laws, begins above the second deck of parking.
6. There was lengthy discussion concerning the setbacks of the buildings from one another.
The Settlement Agreement relied upon a footnote in the PCD referencing reduced
setbacks hased on common architectural theme. There was concern by some members of
the CCPC that this reliance in the footnote was not adequately ,hsclosed in the original
PUD approval. Tbe dcvcloprnent standards table in the original PUD requires a
scparation of one-half the sum of the building heights with a footnote to that table which
states:
*3 Where buildings H'ith a common architecturalrheme are angled, skcl-ved or
rdf'ict from one another and lvalls are fwl parallel to one another; the setbacks
call he admillistratil'ely reduced.
Without such a footnote, the building separation would have been as stated in the
development standards table of the PUD, which is one-half of the total of Ihe height of
each building (200 feet plus 200 feet), or in the case of the first four buildings, a
separation of 200 fcct. With this footnote, the tower separations, for the 4 southern most
towcrs, are at a minimum 100 feet up to 153 feet. Due to the footnote above. the distance
bctween the tower portions of the buildings was noted in the Settlement Agreement to be
referenced at not less than 100 fcct. However. as a result of the language in the PUD, the
CCPC recommended that reference to building separation be removed from thc
Settlement Agrcement and the applicants rely upon the interpretation of the PUD wilh the
understanding that Ihe separations would not be less than those shown on the SDP's
reviewed by the CCPC.
As an alternative to the reduction in this separation, greater distances could be provided
by moving alternating towers closer to Vanderbilt Drive.
P,genda Item No. 17 A
April 22, 2008
Page 7 of 117
7. One paragraph in the Scttlemcnt Agreement addresses the ownership of submerged lands.
This issue had not been fully analyzed by County legal staff and is not necessary to be
included within the Settlement Agreement and is thus recommended for removal.
8. As part of the original Agreement negotiations included moving all density, except two
single family homes, to the west side of Vanderbilt Drive. Since the PUD did not have
development standards for single family homes, standards were provided and are
recommended for approval.
9. The original PUD did not clearly address development standards for structures like a
Clubhouse or Cabanas. Standards for these accessory uses were also provided and are
recommended for approval.
RESPECTFULLY WRITTEN AND REVIEWED FOR SUBMISSION BY THE COLLIER COUNTY
PLANNING COMMISSION ON 2-25-08.
RI..:d r.~-r
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Agenda item No. 17 A
A.pril 22, 2008
7; Blu.e lext-J/ll/OR; text ~ J.1 fl" ....h.nige\ as PL'f CCPC' dirtRagei3 of 117
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement and Release") is made and entered
into on this _ day of __..____, 2008 by and between the Board of County Commissioners
of Collier County, Florida (the "County") and Lodge Abbott Associates, LLC ("Lodge").
WITNESSETH:
WHEREAS, on or around May ] 0, 2005, the County denied Lodge's Planned Unit
Development C'PUD") Amendment request, a request that more specifically asked for ar
amendment to the PUD's Bald Eagle Management Plan: and
WlIEREAS, the PlJD in question is also sometimes referred to as tbe Cocohatchee Bay
PUD; and
WHEREAS, Lodge filed a petition for eertiorari in the Twentieth Judicial Cireuit in and
for Collier County, Florida to attack the County's decisions concerning the proposed amendment
to the PUD's Bald Eagle Management Plan, that case being styled Lodf!.e Abbott Associates, LLC
v. Collier County, Case No. 05-967-CA; and
WHEREAS, on or around May I, 2006, Lodge submitted a notice of claim to the County
purportedly, among other tbings, pursuant to the Bert J. Harris, Jr., Private Property Rights
Protection Act ("
Harris Act"), Section 70.001 et seq.. Fla. Stat.; and
WHEREAS, in aecordarce with Section 70.001 (4)(c) of the c
Harris Act, the County
met at a regularly scheduled meeting on Deeember 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 thc public
interest served by the
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flgenda item No. 17,A.
April 22, 200.3
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NOW, THEREFORE, in consideration of the mutual covenaJ1ts set forth in this
Agreement and Release, the sufficiency of whieh is acknowledged, and with the intent to be
legally bound, Lodge and the County mutually agree to the following:
I. The County and Lodge agree to adopt and incorporate the foregoing recitals,
sometimes referred to as "\Vhereas clauses" by reference into this Agreement and Release.
~
The settlement documents will consist of the original PCD Ord. No. 2000-88
, the revised Bald Eagle Management Plan for :-L,"f
Agreement and Release '++i".;1
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expressly states the acceptable deviations m development standards from the original PUD.
Absent an express term in this Af,'Teement and Release, the original PUD will control.
3. The settlement shall be contingent upon three site development plans c-SDPs")
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 this Agreement and Release.
These three SOPs are identified as AR5282. AR5283 and AR5284.
4.
The County will expcdite the review of
SOPs and all future
building permit applications submined by Lodge
The existing enviromnental impact statement ("EIS") does not need to be amended unless the
SDPs are
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Agenda Item No. 17 A
.I\pril 22, 2008
C' Page.10 of 117
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';ie"~cf:'-4a1+-;r"'""H'd+~"+C:..,C ;;1 wetland impact beyond the impact curre;ffi 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 eaeh of five (5) residential
condominium buildings to be built by Lodge at the time cach building permit is issued. This
payment shall be a credit against any affordable workforce housing fee adopted by the COUll1Y.
If no fee is adopted or if thc fee is less thar the payment set forth, the County shall retain the
excess payment.
6.
Within fifteen (15) days of
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Lodge shall contribute the
sum of $3 million to the County to fund Vanderbilt Drive corridor improvements and bridge
enhancements. No impaet 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 f{)r
590 dwelling units to assist the County in funding the construction of the Vanderbilt Drive
Bridge enhancements. No such additional eontributions shall be required, however. until the
County provides evidence that all parries have spent S5.500,OOO.00 on the Vanderbilt Drive
Bridge enhancements. Any such sums paid over the initial $3 million shall receive road impact
fee credits. ,",othing in this Agreement and Release, however. is intended to nor shall it rcstrict
in any way the County's ability under applicable Jaws, ordinances or rules to require fifty percent
(50%) of all transportation impact fees upon approval of the SDPs.
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7. Lodge and the County agree that the Cocohatchee Bay PUD shall be exempted
from the COlli1ty'S PUD sunselling provisions within the LDC until':.E'i,;",..,+,.,t -A'""'''''''F'H
At
that point, the five year sunsening provisions "l'h\- .:'c-..,....,~*q m the LDe c;;{'t-LDC' ':.,,':i'::l
shall govern. Lodge still shall be obligated to provide annual PUD monitoring
reports.
8.
As each residential condominium building receIves
'ir,,, ". certificate of
occupancy
. .,....- ."
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Lodge shall record restrictive covenants on
one-fifth (1/5) of what is kno'wl1 as the Ge
will restrict the use of the entire GC Parcel to
two (2) residential units and thc uses described in the PUD for the golf course development area.
The phasing diagran1 of this requircment is attached as Exhibit .;. Thcse rcstrictivc eovenams
shall each provide that if the golf course development area or golf course use is ever
discontinued or abandoned for any reason, then all of the GC Parcel including without limitation
the entire golf course development area. except j()f those portions ailo\ved for the t\vo (2)
residential units, shall remain j(Jrever as grcen open space and be limited in perpetuity to the uses
expressly allowed in Paragraph 5.3 of the
PUD
. :r', Preserve
Parcel. \
9.
To fully satisfy its obligations to construct
along
adjacent oU:site public roads, Lod"e shall constmct a pathway kn t 1 OJ feel in width on the
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Agenda Item No. 17 A
April 22, 2008
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western side of Vanderbilt Drive (consistent with the Comprehensive Pathways Plan adopted by
the County in 2006) in lieu of building a ":,~".,,,;h f'dJ,',,,,cI '.idcwalk on Wiggins Pass Road and
a s~de",ttili F~t;n,::\ 'oidc\\i.t1k on the east side of Vanderbilt Drive. The ":d"",,,,,* n3l!nVt~ is
depicted in Exhibit:!. This eonstruction Qf the 8;tilV.'3}' shall be accomplished by Lodge with
Lodge's funds aJ1d
shall h~, ,~:~"~JnnlcTeQ
10. Building Five as shown on the revised Bald Eagle Management Plan attaehed as
Exhihit !l to the am",nd"JPl'[) "his .'.;~'i'''cnt u~ ReLt:,: shall be increased from fifteen (15)
stories to seventeen (17) stories. but shall not exceed] 75 feet in ijuiljjng !!height,jlS dC1incd in
Footnote 2
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.';oenda Item No. 17 A
~ Ap'jl 22, 2008
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habi:ub!e fBfi~f :~l:: c:diin::.
II. The maximum mlli1ber of dwelling units to be constructed by Lodge shall not
exeeed 590 units. Of these, a maximum of 590 units :r:."'- ,1..,,2.) be multi-family and eonstructed
on the R Parcel. However, two (2) units of the 590 may he single family units to be built on the
GC Pareel. The development standards for the single-family dwelling units on the GC Parcel
shall be as
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12. Vcl1at has heen referred to as the R-l and R-2 Parcels shall be replaeed by a single
R parcel as set forth in the revised PleD Master Plan, attaehed to
The development standards fClr the R Parcel are as set fonh
10
Table
()f Paragraph 3.5 of
(exeept as may he expressly n1l1ditied hy the Agreement and Relcase).
13. If there are additional changcs to the Bald Eagle Management Plan required by
federal or state agencies, no turther County PUD amendment proeess shall be required. The
County acknowledges that the Amended Bald Eagle Management Plan is in compliance with the
County r~.!2ulutions. IJodge shall be exempt from any County regulations that nlay be adopted 111
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Agenda Item No. 17 A
April 22, 2008
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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 chaJ1ges required by
state or federal agencies, which will then require an administrative charge by the County to any
of the previously approvcd SDPs under review or tl1at have been approved by the County. c'\.ny
charge to the construction sequencing shall be considered an insubstaJ1tial change to the SDP.
).4. Tlk' C'()coh2itehee.l?_~~J.J;f) i:bercbv :ullcndcd as :;el j(lnhjJlf,,;hihiL2.
+-h i5. Lodge shall and hereby does without limitation release, waive and forever
discharge the County, its ;,rcseTll cmdL'.rrner eleeted or appointed officials and employees. e*-
e-h:--2.;e4-+ :'~i:::;;:.L: L:T+Jt:'!-:--~"fR-ft;~s~ insurers, sureties, agents, attomeys~ and representatives of
any ard all claims, causes of aetion. 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 Coeohatchee Bay Project, PUD Ord. No. 2000-88, the related Bald Eagle
Managcment Plan or any amendment or proposed amcndment to the PUD Ord. No. 2000-88 or
the Bald Eagle Management Plan through the date this Agreement and Release are approved aJ1d
authorized by the Board jor the Chairman '5 signature including without limitation all
Harris
Act claims and the claim asserted in Case No. 05-967-CA. This release shall be immediately
effective upon the County's approval of the 3 SDPs in accordance with the tellliS aJ1d conditions
set forth in paragraph 3 of this Agreemcnt and Release.
7
2/~8/O8 revision
,;
7,' Blue !C,'"-'t- li'f }/()8; : '. '..d-
",
,,!\qenda :te~l1 [\'Jo. 17 A
- .April 22, 2008
.f! (( PC.f[ag.e,.l5 of 117
{{'~:t - 2,15'08
16. In the event of a third pany challenge to this Agreement and Release, the County
and Lodge agree to work eooperatively to defend this Agreement and Release. In this regard. the
County and Lodge shall caeh seek to become panies to any such challenge proceeding if one or
the other of them is not named as a pany 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 pany challenge to this Agreement and Release should ever be
successful, after exhaustion of all appeals or othcr requests j()r rcvicw or reconsideration or
federal permit conditions prevcnt Lodge li'om being able to develop the project consistent with
the :'::",j~,:':';: :i:,":'_""
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 \1anagement Plan as permitted by this Agreement aJld
Release to the extent allowed by low. In addition. if Lodge 1S ultimately unable to obtain
req uired federal pernl i ts ;,
", Ji'.,
_ __:-:_ __'~~,'-,:.!;:;l~<.~_IJ
(exclusive of any federal permits or approvals ii)r docks).
Lodge likewise will be entitled 10 a refund of al1 money prO\ided under this Agreement and
Relcase within sixty (60) days of written noticc from Lodge and Lodge shail retain thc Bald
Eagle J\laJ1agemcnt Plan as pennitted by this Agrecmcnt aJ1d Release to the extent allowed by
,
Jaw.
g
:2/28/08 revision
! ],'] 3/,/;: Biue text-Jill/OS; Grc~'n le1."t - I'LA
text- 2/25/08
Agenda Item No. 17.A
April 22, 2008
per ( CPC di;rlI~,~n16 of 117
"!) -_J
n t.',~
18. Nothing in this Agreement and Release or the settlement documents shall be
construed or interpreted to eonfer any right to docks or any particular number of docks. A-R7
appi-i::::"l;l,L for :":~'c;~:; h: I ,'i""'dge----i~c;H€f'f :'::;:,-r:~--Bf--:.i~-;:;j~_;,tS-,--::,hall~)t ~L,!l~,' :'COJez'l-rt) all _~-~d2ra~.
5-t-2-l<::'--2-rtd- I~' :' \;;n:~_' t'J':: rTI.1ilt-i+t'E-ft-Efti~renE;)-F!~-cl-F-:'~+t--'M--S~
19. The Agreement and Release shall be binding upon Lodge's and the County's
predecessors, successors, assigns, offieers,
employees, o"mers, prcscnt and
!C)f]11Cr elected or appointed officials, ~CE0".4:':ici~'i~"*"Bffij,*,: "c:;, insurers, principals aJ1d
representatives, who shall work together in good faith to accomplish the intent of this Agreement
and Release.
20. This Agreement and Release shall be governed by the laws of the State of Florida.
21. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release aJ1d executed with the same fOlmalities as
this Agreement and Release. This Agreement and Release supersedes all prior discussions and
representations and contains all agreements of the parties.
n. rhe County and Lodge aeknowlcdge 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 paJ1y 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 othcr.
)'
_0.
The idfective D,c'ate of this Agreement and Release shall be the date upon which
the
Board of County Commissioners of Collier County, Florida,
execute,. this document.
24. The County and Lodge acknowledge and assume the risk tbat additional, different
or contrary facts to tbe facts which they believe exist may now exist or may be discovered after
9
2']K"08 revision
...,l .1
'i -.,' Blue ic.,:t- 1./1 !.,,(;R: i '.':.:'(!? ::<x! - ,j"
Ag9rlCa Item No. 17 A
.I\pril 22, 2008
('fl:,~", :',,\ c':"'l' ~ II. .'iiPflg~,'i7 of 117
P,U :::'.d - ':,25/(;8
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 affirn1atively states that it is not aware of any facts that would prohibit the
construction of the project as authorized by the Pl)D and this Agreement and Release or the
enforceability of this Agreement and Release. Lodge afflrmatively states that it is not aware of
any facts that would prohibit the construction of the project as authorized by the Pl'D and this
Agreement and Release or the enforceability of this Agreement and Release.
25. In the event of a breach of this Agreement and Release, either party to this
Agreement and Release may enforce its terms in the Twentieth Judicial Circuit in and for Collier
County. Florida. In this respect, the County and Lodge shall request that the Court in Case No.
05-967-CA approve this Agrccmcnt and Releasc 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 bc necessary.
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COU:\'TY COMtvllSSIONERS
COllIER COl''\TY. FLORIDA
By: _____ ___
. Depmy Clcrk
By: _u____u_______u,
, Chaim'ian
VI'IT"\:ESSES:
Signed Name
Printed Name
--_.~-_.._-_.._._._-
Signed Name
LODGE ABBOTT ASSOCIATES. LLC
BY:
ITS:
Printed Name
Approved as 10 jiJml
and legal suiiiciency:
Jeffrey A. Klatzkow
Chief Assistant County Attomey
10
2/28/08 revision
Agenda Item No. 17 A
April 22, 2008
Page 18 of 117
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement and Release") is made and
entered into on this _ day of
. 2008 by and between the Board of County
Commissioners of Collier County, Florida (the "County") and Lodge Abbott Associates,
LLC ("Lodge").
WITNESSETH:
WHEREAS. on or around May 10, 2005, the County denied Lodge's Planned Unit
Development ("PUD") Amendment request, a request that more specifically asked for an
amendment to the PUD's Bald Eagle Management Plan; and
WHEREAS, the PUD in question is also sometimes referred to as the Cocohatchee
Bay PUD: and
WHEREAS, Lodge filed a petition for certiorari in the Twentieth Judicial Cireuit in
and for Collier County, Florida to attack the County's decisions eoncerning the proposed
amendment to the PUD's Bald Eagle Management Plan, that case being styled Lodge Abbott
Associates, LLC v. Collier County, Case No. 05-967-CA; and
WHEREAS, on or around May I, 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. Slat.; and
WHEREAS, in accordance with Section 70.001(4)(c) of the Bert Harris Act, the
County met at a regulaJ']Y 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 aJ1d Release protects the public interest served by the
regulations at issuc.
2/28/08 revision
:~\'J9nja !!ern No. 17 A
- April 22, 2003
Page 19 of 117
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:
I. The County and Lodge agree to adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas clauses" by rcference into this Agrccment and Release.
2. The settlement documents will consist of the original PUD Ord. No. 2000-88
(Exhibit I), the amended PUD (Exhibit 2), the revised Bald Eagle Management Plan for the
amcnded 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 Release expressly states the acceptablc deviations in development
standards from the original PUD. Absent an express term in this Agrecment and Release, the
original PUD will control.
3. The scttlcment shall be contingcnt upon three site development plans
("SDPs") that Lodge has submittcd being approved by thc County, in accordance with the
rules and regulations of the County as well as the dcvclopment standards set forth in the
original reD and as may be varied by the express terms of this Agreement and Release.
These three SDPs are identified as AR5282. AR5283 and AR5284.
.+. The Count)' will expedITe the rC\iew 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 heyond the impact currently permitted by the SOllth Florida Water
Management District and the U.S. Army Corps of Engineers by more than five (5%) percent.
5. Lodge agrees to contrihute $3 million to the COllnty for affordable \\orkfmcc
housing. Payment shall be made at the rate of S600.000 for each of five (5\ residential
2
212~/()S rC\'ision
Agenda Item No. 17 A
April 22, 2008
Page 20 of 117
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 f011h, the County shall
retain the excess payment.
6. Within fiftcen (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 cnhancements. No impact fee credits shall bc given for paymcnt of
this sum. Lodge recognizcs that the County may request additional contributions up to the
proposed road impact fees due for 590 dwelling units to assist the County in funding the
construction of the Vanderbilt Drive Bridge enhancements. No such additional contributions
shall be required, however, until thc County provides evidence that all partics have spent
$5,500,000.00 on the Vanderbilt Drive Bridge enhancements. Any such sums paid over the
initial $3 million shall receive road impact fee credits. Nothing in this Agreement and
Release, however. is intended to nor shall it restrict in any way the County's ability under
applicable laws, ordinances or rules to require fifty percent (50%) of all transpo11ation impact
fees upon approval of the SDPs. These funds shall be refunded to Lodge should Lodge he
permanently prcvented 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 (I) Lodge's commencement of construction
of the first tower, or (2) the exhaustion of time to file ary third party challcnge with respect
to any matter concerned by this Agreemcnt and the attachments hereto.
7. Lodge and the County agrce that the Cocohatchee Bay PUD shall be
cxempted from the County's PUD sunsetting provisions within the LDC until the Effectivc
3
212S/O~ revision
/\genc3 Item No. 17 A
April 22. 2008
Page 21 of 117
Datc of this Settlement Agreemcnt. At that point, the fivc ycar 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 ,hall rccord restrictive covenants on
one-fifth (115) of what is known as the GC Parcel, and when all five covenants are recorded,
they will rcstrict the use of the entire GC Parcel to two (2) residential units and the uses
described in thc PUD for the golf course dcvelopment area. The phasing diagram of this
requircment is attached as Exhibit 3. These rcstrictive covenants shall each provide that if
the golf course development area Of golf COUfse use is ever discontinued or ahandoned for
any reason, then all of the GC Parcel including without limitation the entirc golf coursc
dcvclopment area, except for those portions allowed for the two (2) residential units. shall
remain forever as green open space and be limited in perpetuity to the uses expressly allowcd
in Paragraph 5.3 of the amcndcd PUD Prcserve Parcel. Any rcvisions to these restrictive
covcnants will require a supermajoriry vote of the Board of County Commissioners.
9. To fully satisfy its obligations to construct sidewalks along adjacent off-site
public roads. Lodgc 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 2(06) in lieu of building a sidewalk on Wiggins Pass Road and a sidewalk on the cast sidc
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 complctcd 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 J\1anagement Plan attached
as Exhiblt B to the amended PI JJ) "h:111 be increa"ed fr0!11 fifteen (! 5) stories to seventeen
-1
2/2X/ON TC\hl(\n
Agenda Item No. 17 A
April 22, 2008
Page 22 of 117
(17) stories. hut shall not exceed 175 feet in Building Height, as defined in Paragraph 3.5
entitled "Amcnded Cocohatchee Bay Community Deve]opment Standards" of the amended
PUD, and Footnote 2 thereto.
I ] . 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 constmcted on
the R Parcel. However, two (2) units of the 590 may be single family units to he built on the
GC Parcel. The developmcnt 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 bcen referred to as the R-I and R-2 Parcels shall be replaced by a
single R parcel as set forth in the revised PUD Master Plan, attached to the amended PUD.
The development standards for the R Parcel are as set forth in Table II of Paragraph 3.5 of
the amended PUD (except as may be expressly modificd by the Agreement and Release).
13. If therc are additional changes to the Bald Eagle Management Plan required
by federal or state agencies, no further County PUD amendment process shall be required.
The County acknowledges that the Amcnded SaId Eagle Management Plan is in compliance
with the County regulations. Lodge shall be exempt from any County regulations that may
be adopted in the futurc 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
issucs related thereto. Lodge, however, shall be required to notify the County of any such
changes rcquired by state or federal agencies. which will then require an administrative
change by the County 10 any of the previously approved SDPs under review or that have
been approved by the County. Any change to the construction sequcncing shall be
considered an insubstantial change to thc SDP.
]4. The Cocohatchec Say PUD is hcreby amended as set forth in Exhibit 2.
5
2128/()~ T-cvi::;J(ln
AGenda Item No. 17/\
- April 22, 2008
Page 23 of 117
15. Lodge shall and hereby does without limitation releasc, waive and forever
discharge the County, its present and former elected or appointed officials and employees,
insurers, sureties, agents, attorneys, and rcpresentatives of any and all claims, causes of
action, costs, expenses, attorneys' fees, or charges of any kind that Lodge has or may havc
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 signature including without limitation all Bert Harris Act
claims and the claim asselted in Case No. 05-967-CA. This release shall be immediately
effective upon the County's approval of the 3 SDPs in accordance with the tcrms and
conditions set forth in paragraph 3 of this Agreement and Relcase.
16. In the event of a third party challenge to this Agreement and Release, the
County and Lodge agree to work cooperatively to defend this Agreement and Release. In
this regard, the County and Lodge shall each seek to hecome parties to any such challenge
procecding 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 Agreemcnt and Releasc should evcr be
succcssfuJ, after exhaustion of all appeals or other requests for review or reconsideration or
fcderal pel111it conditions prevent Lodge from being ahle to develop the project consistent
with the amcndcd PUD Master Plan then the County agrccs to return all moncy 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 hy this Agreement
and Release to the extent allowed hy law. In addition, if Lodge is ultimately llnahle (0 obtain
()
2/28108 reviSion
Agenda Item No. 17 A
April 22, 2008
Page 24 of 117
required fcderal permits for the SDPs as refcrenced in this document and is therefore unable
to build this project (exclusive of any federal permits or approvals for docks), Lodge likewisc
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 Agrecment and Release shall be binding upon Lodgc's and the County's
predecessors, successors, assigns, officers, present and former employees, owners, present
and former eleeted or appointed officials, insurers, principals and representatives, who shall
work together in good faith to accomplish the intent of this Agreement and Release.
20. This Agreement and Release shall be governed by the laws of the State of
Florida.
2 I. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities
as this Agreement aJld Release. This Agrecment and 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 othcr.
7
2/28/08 revision
Aaenda Item No, 17 A
~ t,pcil 22. 2008
Page 25 of 117
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,
exccutes this document.
24. The County and Lodge acknowledge and assume the risk that additional,
different or contrary facts to the facts which thcy believe exist may now exist or may be
discovered after this Agreement and Releasc has been entcred into, and they agree that any
such additional, different or contrary facts shall in no way limit, waive, affect or alter this
Agreemcnt and Release. The County affirmatively states that it is not aware of any facts that
would prohibit the construction of the project as authorized by the PUD and this Agreement
and Release or thc enforceability of this Agreement and Release. Lodge affirmatively states
that it is not aware of any facts that would prohibit the construction of the project as
authorizcd by the PUD and this Agreemcnt and Releasc or the enforceability of this
Agreement and Release.
25. In the event of a breach of this Agreement and Release, either party to this
Agreement and Rclease may enforce its terms in the Twentieth Judicial Circuit in and for
Collicr County, Florida. In this rcspect. the County and Lodge shall request that the Court in
Case No. OS-967-CA approve this Agreement and Release as part of a stipulated judgment
and rctain jurisdiction to enforce this Agreement and Release's terms and award any other
ancillary relief for the breach should sllch be necessary.
REMAINDER OF PAGE INTENTION ALLY LEFr BLANK
REMAINING SIGNATURE PAGE TO FOLLOW
.',
2,'2~;/{)S rC\'I."jcn
Agenda item No. 17 A
April 22, 2008
Page 26 of 117
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
, Chairman
WITNESSES:
Signed Name
Printed Name
Signed Name
LODGE ABBOTT ASSOCIATES, LLC
BY:
ITS:
Printed Name
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Chief Assistant County Attorney
9
2/28/08 revision
,~qenda Item No. 17.1\
~ /l,pril 22, 2003
Page 27 of 117
ORDINANCE NO. 2000-~~__
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102,
THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSrvE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS
MAPS NUMBERED 8508S, 8516N, 8517N, 8520N, AND 8520S; BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM RSF-3 (3), A (ST), RMF-6
(ST) (3), RMF-6 (3), RMF-12 (ST) (3), RMF-12 (3), RSF-3 (ST) (3),
RSF-4 (3), and RSF-4, TO "PUD" PLANNED UNIT
DEVEWPMENT KNOWN AS COCOHATCHEE BAY PUD FOR A
MAXIMUM OF 590 RESIDENTIAL DWELLING uNITS AND
RECREATIONAL FACILITIES INCLUDING A GOLF COURSE
!\NO CLUBHOUSE LOCATED ON THE NORTHWEST CORNER
OF WIGGINS PASS ROAD (C.R. 888) AND VANDERBILT DRIVE
(C.R. 901) lN SECTIONS 8, 16, 17, AND 20, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 532:!: ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Karen Bishop of PMS, Inc. of Naples, representing Vanderbilt Partners II.
LDT., petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissiorr= ;(
Collier County, Florida, that:
,~
SECTION ONE:
,~
The zoning classification of the herein described real property located in Sections 8, 16,
17- and-20, Township 4& South, Range 25 East, Collier County, Florida, -is changed 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 in accordance with the Cocohatchee Bay
PUD Document, attached hereto as Exhibit n A" and incorporated by reference herein. The
Official Zoning Atlas Maps numbered 8508S, 8516N, 8517N, 8520N, and 8520S, as described in
Ordinance Number 91-102, the Collier County Land Development Code, are- hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Departm~t of State.
Exhibft" 1 to Settlement Agreement and Release
Agenda Item No. 17 A
April 22, 2008
Page 28 of 117
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this -Lil;(;i,d:ily of a'tJ1?..N_ 1.././>./ . 2000.
A1TEST:.
BOARD OF COUNTY COMMISSIONERS
COLUER~DA
BY:
JAMES D. CARTER, PhD., CHAIRMAN
~'~''''. /..0
. .. ,..~';;::'"'r~'
D\ Grrt E. BROCK, Clerk
Attest as to CIlall'lWl's
.Igoature 0111,.
Approved as to Fonn
and Legal Sufficiency
..,.;&ct
7'rL.t A ('V " 7il.~
MllIjorili M. Student
Assistam County Anomey
This ordinonce filed with the
Secretory of ~$ Office the
~dayof ,~
and o!;:knowkdgem.;-nt of :+,o.t
fllm~~.ted tni$ ;;D~y
of.' . ..:t.C&oo ~.
By "lO ~.::<.
r-.......t:_
~
&ladminIPUD-99-2l1RN1irn
.2..
COCOHATCHEE BAY
A
PLANNED UNIT DEVELOPMENT
REGULA DONS AND SUPPORTING MASTER PLAN
GOVERNING COCOHATCHEE BAY A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THECOLUER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
VANDERBILT PARTNERS II, LID
PREPARED BY:
PMS, INC. OF NAPLES
2335 T AMlAMI TRAIL NORTH
SUITE 408
NAPLES, FL. 34103
DATE REVIEWED BY ccpe
DATE APPROVED BY Bee
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
12]/~6'
.z~5D
12114/00
EXHIBIT "A"
,;gencia Item No. 17A
April 22, 2008
Page 29 of 117
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 N Golf Course I Open Space 4.1
SECTION V Preserve District 5,1
SECTION VI General Development Commitments 6.1
Agenda Item No. 17 A
April 22, 2008
Page 30 of 117
LIST OF EXHIBITS AND TABLES
EXHIBIT "A"
Planned Unit Development Master Plan
Agenda item No. 17 A
I~prjl 22, 2008
?age 31 of 117
'-"f~'""""'___"'<u,'''.'~''~''-"_''''
EXHIBIT "B"
PUD Master Plan with Eagle Zone Overlay and
Bald Eagle Management Plan
TABLE!
Land Use Summary
TABLE II
Development Standards
!t
Agenda Item No. 17 A
April 22, 2008
Page 32 of 117
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:
I. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay Project
are adequate. The Cocohatchee Bay Project will participate in the expansion of existing public
facilities to the extent of its impact on those facilities via payment of impact fees.
2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and
planned land uses in the vicinity, Project lands lie in a transition area which includes low-rise
residential development and high-rise multi-family development.
3. The subject property's location in relation to existing or proposed community facilities and
services permits the Development's residential density as described in Objective 2 of the Future
Land Use Element,
4. The project Development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
5, The property was down-zoned during the Zoning Re-evaluation Process which resulted in an
action establishing several zoning districts and densities:
Parcel I - 1 1.\ 9 acres RSF-3st
Parcel 5 - 161.63 aeres RSF-4
Parcel 6 - I 3. I 5 acres RS F-4(3)
Parcel 7 - 69.61 aeres RSF-3st(3)
RSF-3(3)
RMF-6(3)
RMF-6st(3)
RMF-12(3)
RMF-12st(3)
RMF-12st(3) -
RMF-12st(3)
RMF-6st(3)
-
33.57 units
646.52 units
39.45 units
208.83 units
Parcel 8
194.60 acres
583.80 units
Parcel 9
Parcel 10
I .26 aCres
80.65 aeres
3.78 units
241.95 units
TOTAL
532.09 acres
1757,90 or 1758 units
The PUD will utilize a total of 590 units on 532.09 :t 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
Agenda Itel11 No. 17 A
April 22, 2008
Page 33 of 117
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 aIlocation of community
facilities and services as required in Policies 3.I.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. AIl final local development orders for this Project are subject to Division 3,15, Adequate Public
Facilities, of the Collier County LaJ1d Development Code (LOC).
IV
. ~I."~~"""'o'c'~""~""",.. .~~'.J..~"'m>~' "c" .,
Agenda Item No. 17 A
April 22, 2008
Page 34 of 117
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 COCOHA TCHEE BAY.
1.2 LEGAL DESCRIPTION
PARCEL 1
TIlE SOUTHERLY S48 FEET OF A TRACf OF LAND LYING IN SECfION 8, TOWNSmp
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRAcr BEING
DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT
4, SAID SECfION 8, RUN S,88024'40"W. (SHOWN IN ERROR AS S.88026'40''W. IN O.R.
BOOK 68, PAGE 235; O,R. BOOK 87, PAGE 439 THROUGH 447; O.R. BOOK 167, PAGE
692; O.R. BOOK 218, PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS),
ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND TIm WESTERLY
PROLONGATION OF SAID SOUTH LINE, FOR 776,71 FEET, TO AN INTERSECfION
WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439
TIlROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R, BOOK 167, PAGE 692 AND O.R.
BOOK 218, PAGE 484 INDICATE TIIA T TIlE AGREED BOUNDARY LINE IS FOUND IN
O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECfTHOSE
RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439
TIlROUGH 447), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE RUN N.290ll '40''W., ALONG SAID BOUNDARY LINE, FOR 300 FEET; TImNCE
RUN N.30oo'OO''W., ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET
(SHOWN IN ERROR AS %1,30 FEET IN THE OFFICIAL RECORDS); TIIENCE RUN
N.67030'00'W, ALONG SAlD AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN
IN ERROR AS l397m FEET IN THE OFFICIAL RECORDS); TImNCE RUN
N.22"31 'OO''W., (SHOWN IN ERROR AS N.22030'00''W. IN THE OFFICIAL RECORDS),
ALONG SAID AGREED BOUNDARY LINE, FOR 944,72 FEET; TImNCE RUN NORTH,
ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INfER SECTION
WITH THE WESTERLY PROLONGATION OF THE NORm LINE OF GOVERNMENT
LOT 3, SAID SECfION 8; TIlENCE RUN N.oo08'53"E, (SHOWN IN ERROR AS NORTH IN
TIlE OFFICIAL RECORDS), FOR 429.82 FEET; TIlENCE S.590oo'00''E., FOR 815.68 FEET,
TO AN INTERSECfION WITH SAID WESTERLY PROLONGATION OF TIlE NORTH
LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89012'20"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.ooo23'IO''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 mERETO BY ACCRETION OR
RELICfION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY
SUBMERGENCE OR EROSION.
1.1
Aosnda Item No. 17 A
~ April 22. 2008
Page 35 of 117
PARCELS
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-&65B (ALSO
KNOWN AS WIGGINS PASS ROAD).
PARCEL 6
THAT PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY
DESCRIBED BY ACCURATE SUR VEY AS THE NORTH 268.54 FEET) OF THE NORTH
1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 4& SOUTH, RANGE 25 EAST,
COLUER COUNTY, FLORIDA WHICH LIES WEST OF THE RIGHT-OF- WAY OF U.S,
HIGHWAY 41 (ALSO KNOWN AS T AMIAMI TRAIL).
PARCEL 7
THE EAST 112 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE
SOUTHEAST l/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING
THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-&65A (V ANDERBIL T DRIVE),
PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 8
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N,&9054'20"W., ALONG THE
SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH
AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235
THROUGH 250 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TIiENCE
RUN N.Ol030'05''E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298,70 FEET
(SHOWN IN ERROR AS 1300.00 FEET, IN O.R, BOOK 6&, PAGE 235 AND O.R. BOOK 167,
PAGE 642 HEREINAFfER CITED AS OFFICIAL RECORDS); TIlENCE RUN
N.30000'OO"E., ALONG SAID AGREED BOUNDARY LINE, FOR &00 FEET; THENCE RUN
N.05000'OO''W., ALONG SAID AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE
RUN N.2901 I '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; TIlENCE RUN N,&8024'40"E. (SHOWN IN ERROR AS N.&8026'40''E, IN
THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449,51 FEET TO TIffi
NORTHEAST CORNER OF SAID SECTION 17; THENCE RUN S.0027'30''E., ALONG THE
EAST LINE OF SAID SECTION I 7, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35
FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN
S.0026'00"E. (SHOWN IN ERROR AS S.0026'00''W. IN TIffi 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 TIlE NORTHEAST 1/4, (2)
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE
SOUTHEAST l/4, OFTHE SOUTHEAST 1/4. ALL IN SAID SECTION 17; AND
EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (V ANDERBTLT DRIVE),
AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST V.
, ~
1.'<:'
Aaenda Item No. 17 A
- April 22, 2008
Page 36 of 117
OF THE SOUTI-lEAST 1/40F SECfION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST.
DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF TIlE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF TIlE SOUTIlEAST 1/4 OF SECTION 17. RUN
S,89053'18''W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE RUN
S.89053'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS SHOWN ON
PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK I , PAGE 7, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SAlol 1'03''W. FOR
133.10 FEET, ALONG SAID BULKHEAD LINE; TIlENCE RUN S.00Q6'42''E., FOR 120
FEET, TIlENCE RUN N.89053'18''E., FOR 275,72 FEET, TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF STATE ROAD S-865A (V ANDERBIL T DRIVE): TIlENCE RUN
N.0026'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED
THERETO BY ACCRETION OR RELICfION, AND LESS AND ACCEPT ANY LAND
LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 9
THAT PORTION OF mE NORTIlEAST 1/4 OF THE SOUTHEAST 1/4 OF SECI10N 17,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA, DESCRIBED
AS FOLLOWS: FROM A POINT OF BEGINNING AT TIlE NORTHWEST CORNER OF
THE SOUTHEAST 1/4 OF TIlE SOUTI-lEAST 1/4 OF SAID SECTION 17, RUN
N.89040'55"E" FOR 560,24 FEET, ALONG THE NORTII LINE OF THE SOUTIlEAST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE
AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK I,
PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TIlENCE RUN
N.0026'OO''W., FOR 100 FEET, ALONG SAID BULKHEAD LINE; TIlENCE RUN
$,89040'55''W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE
WEST LINE OF TIlE NORTHEAST 1/4 OF THE SOUTI-lEAST 1/4 OF SAID SECTION 17;
THENCE RUN S.0025'41 ''E., FOR 100.00 FEET, TO TIlE POINT OF BEGINNING, PLUS
ANY LAND ADDED TIlERETO BY ACCRETION OR RELICTION, AND LESS AND
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 10
BEGINNING AT THE SOUTIfEAST CORNER OF SECI10N 20, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89052'20''W., ALONG THE
SOUTII LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.oooI4'OO''W,
FOR 1698.91 FEET; THENCE RUN N.54047'52"W., FOR 399.32 FEET, TO AN
INTERSECfION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK
68, PAGES 235 TIlROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE RUN N.79017'10"E., AI_ONG SAID AGREED BOUNDARY LINE, FOR
69.60 FEET; THENCE RUN N.02059'30''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.27015'20''W" ALONG SAID AGREED BOUNDARY LINE FOR 705.31
FEET; TIlENCE RUN N,18044'30''W., ALONG SAID AGREED BOUNDARY LINE FOR
887.03 FEET, THENCE RUN N.05037'50''W., ALONG SAID AGREED BOUNDARY LINE
FOR 393.34 FEET, TO AN INTERSECfION WITH THE NORTII LINE OF SECTION 20;
THENCE RUN S.89054'20"E., ALONG SAID NORTH LINE FOR 2839.52 FEET, TO THE
NORTHEAST CORNER OF SAID SECfION 20; THENCE RUN S,020 12'OO"E., ALONG THE
1.3
/\oenda Item r~o. 17A
~ April 22, 2008
Page 37 of 117
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 BEGlNNrNG.
PLUS ANY LAND ADDED TIlERETO BY ACCRETION OR RELICTION, AND LESS AND
ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION,
AND LESS AND ACCEPT TIlE RIGHTS-OF- WAY OF STATE ROADS S-865 A (ALSO
KNOWN AS V ANDERBIL T DRIVE) AND S-846 (ALSO KNOW AS BLUEBILL A VENUE).
AND LESS AND ACCEPT TIlE FOLLOWING DESCRIBE REAL PROPERTY:
ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ADDITION. ACCORDING TO TIlE
PLAT THEREOF RECORDED IN PLAT BOOK 10. AT PAGE 81 OF THE PUBLIC
RECORDS OF COLLIER COUNTY. FLORIDA. AND ALL OF WIGGINS PASS LANDINGS
UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10. At
PAGE 44. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS
LANDINGS UNIT NO.1 ADDITION; THENCE N.89052'20''W, ALONG THE SOUlHERLY
LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO lHE SOUTHWEST CORNER OF
SAID LOT 4. THE SAME BEING THE SOUTHEAST CORNER OF LOT 10. BLOCK 1 OF
SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89052'20''W" ALONG lHE
SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF
1400,65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS
UNIT NO.1; THENCE N.OOOI 4'OO"W., ALONG THE WESTERLY LINE OF SAID WIGGINS
PASS LANDINGS UNIT NO.1. A DISTANCE OF ]608,90 FEET; THENCE N.34026'15''E.,
ALONG SAID WESTERLY LINE. A DISTANCE OF 439.38 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE
N.87048'00''E. ALONG SAID NORTHERLY LINE A DlSTANCEOF 1481.48 FEET TO THE
NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT
NO.]; THENCE S.02012'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST
CORNER OF LOT J, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N,87048'OO"E. A DISTANCE OF 200.00 FEET TO THE NORlHEAST CORNER
OF SAID LOT 1; THENCE S.020IZ'OO"E, ALONG THE EASTERLY LINE OF SAID
WIGGINS PASS LANDINGS UNIT NO. J, A DISTANCE OF 668.16 FEET TO THE
SOUTHEAST CORNER OF LOT ], BLOCK J OF SAID WIGGINS PASS LANDINGS UNIT
NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT J OF SAID WIGGINS
PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.0201Z'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.]
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,
PAGE 8] 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 EROS]ON.
AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY:
1 A
..~
"""~"~-"'""",",,,.,..,.,..,,".~-,,,~~"",,,,,,, ,',
Agenda Item No. 17.A
April 22, 2008
Page 38 of 117
A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECfION 20. TOWNSHIP 48
SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TIlE SOUTHEAST CORNER OF TIlE SOUTHEAST 1/4 OF SAID
SECfION 20; THENCE N.020I2'OO'W., ALONG TIlE EASTERLY LINE OF SAID
SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87048'00'W., A DISTANCE
OF 50,00 FEET TO A POINT ON TIlE WESTERLY RIGHT-OF-WAY LINE OF
V ANDERBlL T 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, TIlE SAME BEING TIffi POINT OF
BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED; TIlENCE S,87048'OO'W.,
A DrST ANCE OF 200.00 FEET TO TIlE NORTIlWEST CORNER OF SAID LOT 1;
THENCE N.020 I 2'OO"W. A DISTANCE OF 163.77 FEET TO TIlE NORTHEAST CORNER
OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT I; TIffiNCE
S,87048'OO'W. ALONG TIlE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS,
UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.34026'15'W. ALONG TIlE
NORTIlWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO,I, A
DISTANCE OF 439.48 FEET TO TIlE 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.54047'52'W., ALONG TIlE NORTIlERL Y LINE OF SAID BAKER-CARROL
POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECI10N WITH AN AGREED
BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS BOOK 68, AT PAGES 235
THROUGH 250, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
N.79017'10"E., ALONG SAID AGREED BOUNDARY LINE, A DISTANCE OF 69.60 FEET;
THENCE N.0509'30'W., ALONG SAID AGREED BOUNDARY LINE. A DISTANCE OF
1417,66 FEET; THENCE N.27015'20'W., ALONG SAID AGREED BOUNDARY LINE A
DISTANCE OF 616.67 FEET; TIlENCE N.87048'00"E., A DISTANCE OF 2472.71 FEETTO
A POINT ON TIlE WESTERLY RIGHT-OF-WAY LINE OF SAID V ANDERBIL T DRIVE;
TIlENCE S,020 12'25''E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET;
THENCE S.020I2'00''E, ALONG SAID WESTERLY LINE A DISTANCE OF 667.03 FEET
TO THE POINT OF BEGINNlNG, PARCEL CONTAINS 100 ACRES, MORE OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is owned by A.L, Dougherty Co, Inc., a Delaware Corporation.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
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
'~,'d9nda item No. 17 A
April 22, 2008
Page 39 of 117
1.5 PHYSICAL DESCRIPTION
A. The Project lies within South Florida Water Management District No.6. Drainage from
the property will discharge into Cocohatchee Bay
8. Water Management Facilities for the Project will be designed and constructed in order to
introduce project stonnwater 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 I I feet above mean sea level. Most
of the area, however, falls within the 10' to I I' foot elevation category. The site lies
within Flood Zone AE (EL I I') and AE (EL 12') according to Finn Maps
120067-01910, 0187D, and 189D, dated June 3,1986.
D. Soil types within the Project include Ken fine sand (approximately 50%), Cypress
Swamp (approximately 48%) and Charlotte fine sand (approximately 2%), Soil
characteristics were derived from the Soil Survey of Collier County, Florida, issued by
the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954.
1.6 PROJECT DESCRIPTION
The Cocohatchee Bay PUD is a residential and golf course community with a maximum of 590
dwelling units. Recreational facilities including a golf course, clubhouse, maintenance facility,
caddie quarters, and guest suites will be provided in conjunction with the dwelling units.
Residential and recreational land uses are designed to be harmonious with one another in a
natural setting by using common architectural themes, appropriate screening and buffering and
open space.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "COCOHA TCHEE BAY PLANNED UNIT
DEVELOPMENT ORDINANCE."
1.6
.+',,,".'~"""',,,,",,,~,,",,,,,",,,"U""';"M.,.,O"_"._'-""'__'_''-
Agenda Item No. 17 A
April 22, 2008
Page 40 of 117
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The pUlpose 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 DevcIopment document and applicable sections of the Collier County Land
Development Code and Growth Management Plan in effect at the time of issuance of any
development order, such as, but not limited to, Final Subdivision Plat. Final Site
Development Plan, Excavation Permit, and Preliminary Work Authorization, to which
such regulations relate. Where these regulations fail to provide developmental standards,
then the provisions of the most similar district in thc County Land Development Code
shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in the Collier County Land Development Code in effect at the time of building
permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for the
development of the Cocohatchee Bay PUD shall become part of the regulations which
govern the manner in which the PUD site may be developed,
D. Unless modified, waived or excepted by this PUD, the provisions of the LOC, where
applicable, remain in full force and effect with respect to the development of the land
which comprises this PUD.
E. Development pennitted 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 SOP approval. final plat approvaL, or building
permit issuance applicable to this Development.
2.1
.t,'Jenca Item No. 17 A
- I'\pril 22. 2008
?age 41 of 117
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 LAND USE INTENSITY SUMMARY
!lSE
MAX. D.lJ.'s 1 Souare Foot.af!e
ACRES
Residential "R I"
480
44.00 +/-
Residential "RZ"
90
9.70 +/-
Golf Course "GC"
ZO
]70.39 +1-
Open Space N/ A
(Preserve, Lakes and Landscape Buffers)
Tota] 590
308.00 +/-
Total 53Z.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.Z of the Collier County Land Development Code, and the platting Jaws of the State of
f<1orida.
2,2
"_..,~~,;-"-;"""",~-,,,,=--._.,,,,-". "
Agenda Item No. 17 A
April 22, 2008
Page 42 of 117
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 shaH 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 I SALES OFFICES
Model homes, sales centers and other uses and structures related to the promotion and sale of real
estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and
signs, shaH be permitted principal uses throughout the Cocohatchee Bay PUD, subject to the
requirements of Section 2.6.33,4. of the Collier County Land Development Code and all other
applicable sections. Sales facilities will be permitted prior to final plat approval as provided in
said Section 2.6.33.4.
2.6 AMENDMENTS TO PUD DOCUMENT OR POO MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land Development
Code, Section 2.7.3.5.
2,7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Common area maintenance will be provided by the Master Property Owners' Association. The
Association is a legitimate alternative for the timely and sustained provision of quality common
area infrastructure and maintenanee 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 funetions shall include
provision for the perpetual maintenance of common facilities and open spaces. The Master or
the property owners' association, as applicable, shaH 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
l'\OenC3 item No. 17.A.
~ April 22, 2008
Page 43 of 117
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 PERMI'ITED USES
Certain uses shall be eonsidered general permitted uses throughout tile Cocohatchee Bay
Community PUD except in the PreseIVe District. General permitted uses are those uses which
generally seIVe the Developer and residents of the Cocohatchee Bay PUD and are typically part
of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
\, Essential seIVices as set forth under the Collier County Land Development Code,
Section 2.6.9.1.
2. Wate! management facilities and related structures,
3. Temporary sewage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
5, Guardhouses, gatehouses, and access control structures,
6. Community and neighborhood parks, recreational facilities, community centers.
7. Temporary construction, sales, and administrative offices for the Developer and
the Developer's authorized contractors and consultants, including necessary
access ways, parking areas and related uses,
8. Landscape features including, but not limited to, landscape buffers, berms, fences
and walls which shall be in aceordance 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 SeIVices Department Director determines to be compatible.
2.4
....1.."'..~.~"''''''...,,~.,''~..,...,_.."
.Agenda Item No. 17 A
April 22, 2008
Page 44 of 117
B. Development Standards:
Unless otherwise set forth in this document, the following development standards shall
apply to structures:
1. Setback from back of curb or edge of pavement of any road - Fifteen feet (IS')
except for guardhouses, gatehouses, and access control structures which shall
have no required setback.
2, Setback from exterior property lines - One half (1/2) the height of the structure,
minimum of twenty feet (20'),
3, Minimum distance between structures which are part of an architecturally unified
grouping - Five feet (5 '),
4, Minimum distance between unrelated structures - Ten feet (10').
5. Minimum floor area - None required,
6, Minimum lot or parcel area - None required.
7. Sidewalks, bikepaths, and cartpaths may be placed within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bikepath, or
cartpath.
8. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein, are to be in accordance with the Collier County
Land Development Code in effect at the time of Site Development Plan Approval.
2.10 OPEN SPACES REQUIREMENTS
The 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 9] 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
Acenda Item No. 17 A
- April 22. 2003
Page 45 of 117
2.12 LANDSCAPING REQUIREMENTS
A. A perimeter berm shall be constructed in conformance with Section 2.4.4 of the Land
Development Code,
1. Trees and shrubs shall be planted along the base of the berm so as to visually
soften the appearance of the side of the 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 tbe
Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt Drive
shall include development features that impede the view of high rise residential structures
from Vanderbilt Drive,
2.6
_........,.,i'_.".."'.__",.,~.._m"~"_.".~".. '.
Agenda Item No. 17 A
April 22, 2008
Page 46 of 117
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 "Rl" and
HR2".
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted within the PUD is 590. The subject property
contains a gross acreage of 532.09 +/- acres and base density of 1.11 dwelling units per gross
acre.
3.3 GENERAL DESCRIPTION
Areas designated as "R 1 " and "R2" on the PUD Master Plan are designed to accommodate
high-rise residential dwelling unit types, multi-family dwellings, adult living facilities,
compatible nonresidential uses, a full range of recreational facilities, essential services, and
customary accessory uses.
The approximate acreages are indicated on the PUD Master Plan. These acreages are based on
conceptual designs and are approximate. Actual acreage of all development tracts will be
provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in
accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land
Development Code. Residential tracts are designed to accommodate internal roadways, open
spaces, parks and amenity areas, lakes and water management facilities, and other similar uses
found in residential areas.
3A USES PERMITI'ED
A. Princit>al Uses
I, 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 "Rl" and "R2" Districts.
3.1
L\aenda !1em hlo. 17/4.
~ April 22. 2008
Page 47 of 117
B. Accessorv Uses
I. 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 a=ssory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director determines to be
compatible in the "R I" and "R2" Districts.
3.5 DEVELOPMENT STANDARDS
A. Table I 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 arc
not specified herein or within the Cocohatchee Bay PUD. are to be in accordance with
Collier County Land Development Code in effect at the time of Site Development Plan
approval. Unless otherwise indicated, required yards, heights, and floor area standards
apply to principal structures.
C, Off-street parking required for multi-family uses shall be accessed by parking aisles or
driveways which are separate from any roads which serve more than one development. A
green space area of not less than ten feet (10') in width as measured from pavement edge
to pavement edge shall separate any parking aisle or driveway from any abutting road.
D. In the event the Developer builds the multiple family housing placed in the area between
Tarpon Cove and Failing Waters. a minimum of 30 percent of the multiple family
housing shall be offered to employees of the golf course with purchase price or rental
rates consistent with traditionally accepted housing costs to ineome ratios.
o "
~.~
"......'-=..,..."".;~~'"'-~.....".""^....._~"._.,.-,.,-, '"'
Agenda Item No. 17A
April 22, 2008
Page 48 of 117
COCOHA TCHEE BAY COMMUNITY
DEVELOPMENT STANDARDS FOR
TABLE I
DEVELO~ENTSTANDARDS "Rl" "R2"
HIGH.RISE MULTI.FAMlLY
Multi. FamOy DwellIngs
Minimum Lot Area NtA 1 Acre
Minimum Lot Width NJA N/A
Front Yard . Internal Road 'I 0.5 BH not less 0.5 BH nolless
thao 25 fect than 25 feet
Front Yard. Accessory Bldg. 0.5 BH not less 0.5 BH nOlless
Including Parking Structure than 25 feet than 25 fcct
Front Vard - Vanderbilt Drive BR NIA
Front Yard. Accessory Bldg. 50 I N/A
Side Yard 0.5 BH I 15
Rear Yard Principal 0.5 BH I 15
Rear Yard Accessory 15 10
-
Maxbnum Bldg Height 20 stories for a maximum 35
heighl of 200 fect *2
i DIstance Between Principal Structures 0.5 SBH '3 0.5 BR not less
I than 15 feel
I Floor Area Min. (S,F.) I 1800 SF I 1200 SF
ft.H: (Build-ing Heighl): Building height shaU be the vcnical distance measured from the first habitable finished floor elevation to lhc
uppennost finished ceiling elevation of the structure.
SJlll; (Sum of Building Height): Combined height of two adjacent buildings for the purposes. of determining setback requirements.
All distanCeS aft: in feet unless otherwise noted.
-I Front yards &hall be measured as follows:
A. If the parcel is served by a public righl-of.way, setback is measured from the: adjacent rightMofMway line.
B, If the parcel is served by . private rolld, setback is measured (rom the back of curb (if curbed) or edge of pavement (if Pot
curbed).
*2 Building height for the north property line adjacenlto Arbor Tnlce in the "R I" t.mct shaH be I S stories for a maximum height of
150 feet.
.3 Where buildings with a common architectural theme are angled, skewed or offset from one another. and walls are not paraUelto one
another. the setbec~s can be administratively reduced.
o 0
c."
,b..gencja Item hlo. 17A
April 22. 2008
Page ~9 of 117
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. Permilled Principal Uses and Structures
I. Golf courses and golf club facilities. caddie quarters, clubhouse, guest suites,
including temporary golf clubhouses,
2. Project information and sales centers,
3. Community and golf course maintenance areas, maintenance buildings, essential
services, irrigation water and effluent storage tanks and ponds. water and
wastewater treatment plants, utility pumping facilties and pump buildings, utility
and maintenance staff offices.
4. Any other principal use which is comparable in nature with the foregoing uses and
which the Planning Services Depanment Director determines to be compatible.
B. Permitted Accessory Uses and Structures
I. Accessory uses and structures customarily associated with the principal uses
permilled in this District.
2. Pro-shops, practice areas and ranges. golf cart barns, rest rooms, shelters, snack
bars and golf course maintenarce 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.
4J
Agenda Item No. 17 A
April 22, 2008
Page 50 of 117
5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other
types of accessory facilities intended to provide recreational opportunities for
members.
6. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers,
picnic areas, fitness trails and shelters.
7. Any other accessory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director determines to be
compatible.
4.3 DEVELOPMENT REGULA nONS
A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course
District boundaries and private roads, and twenty-five feet (25') from all PUD
boundaries.
B, Accessory structures shall be set back a minimum of ten feet (10') from Golf Course
District boundaries and private roads, and twenty feet (20') from all PUD boundaries and
residential tracts.
C, Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
D, Maximum height of structures
I. Principal Structures - 2 stories for a maximum height of 20 feet.
2. Accessory Structures - I story for a maximum height of 15 feet,
E. Minimum distance between principal structures - Ten feet (10').
F. Parking for the community center/clubhouse shall be three spaces per every one thousand
(1,000) square feet of gross floor area, which shall be considered inclusive of the required
golf course parking, provided the golf course and recreational facilities are private,
otherwise, applicable provisions of the Lard 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
Agenda Item No. 17 A
i\pril 22, 2008
Page 51 of 117
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,
5.2 GENERAL DESCRIPTION
Areas designated as Preserve on the Master Plan are designed to accommodate a full range of
conservation and limited water management uses and functions, The primary purpose of the
Preserve District is to retain viable 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 PERMITIED
No building or structure or part thereof. shall be erected altered or used, or land used, in whole or
in part, for other than the following:
A. Principal Uses
J, Passive parks, passive recreational areas, boardwalks.
2. Biking, hiking, and nature trails,
3. Golf cart paths are permitted in the preserve areas outside the limits of the bald
eagle primary zone.
4. Wildlife sanctuary.
5, Pathways and or bridges.
6. Recreational shelters. in Preserve upland areas.
7. Drainage and water management facilities as may be required by SFWMD.
8. Any other a=ssory use which is comparable in nature with the foregoing uses
and which the Planning Services Department Director determines to be
compatible,
5.1
.- "'1''' _~",_=,~-"'_~'_"'''__C~''M''_'.''''_"__ ,,-,.M'_'"
Agenda Item No. 17 A
April 22, 2008
Page 52 of 117
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 ]ot 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 aetivity shall be permitted within such
setback without the prior written consent of the Development Services Director. In no
event shall these activities be permitted within ten feet of the preserve boundary.
B, Maximum height of structures - Twenty-five feet (25').
C. Minimum distance between principal structures - Ten feet (10'),
D. Minimum distance between accessory structures - Five feet (5').
E. Standards for parking, landscaping, signs and other land uses where such standards are
not specified herein are to be in accordance with the Collier County Land Development
Code in effect at the time of Site Development Plan approval. Unless otherwise
indicated, required yards, heights, and floor area standards apply to principal structures.
5.5 PRESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land Development
Code, Section 3.2.8.4.7.3, for lands included in the Preserve District. In addition to Collier
County, a non-exclusive conservation easement may also be required by other regulatory
agencies with jurisdiction over Preserve District lands, In addition to complying with provisions
of the Collier County Land Development Code, said easement shall be provided in accordance
with the terms set forth in any applicable permit granted by other agencies. The Developer, its
successor(s) or assigns, including the Master Property Owners' Association shall be responsible
for control and maintenance of lands within the Preserve District.
5.2
Ag8nda Item No. 17 A
.I\pril 22, 2008
Page 53 of 117
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 suecessor and assigns, shall be responsible for the
commitments outlined in this document.
The Developer, his successor or assignee, shall follow the Master Plan and the regulations of the
PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning
of the property, In addition, any successor or assignee in title, is bound by the commitments
within this agreement.
6.3 PUD MASTER PLAN
A. Exhibit "A," the PUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special land use
boundaries, shall not be construed to be specific and may be adjusted during the platting
or site development plan approval process, Subject to the provisions of Section 2,7.3.5.
of the Land Development Code, PUD amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to ensure the
continued operation and maintenance of all service utilities and 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:
I. 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.i
"."+""""~,....".,."--,-,;,-,,,,^.,.",,,.,^,-, '
Agenda Item No. 17A
April 22, 2008
Page 54 of 117
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 DEVELOPMENTIMONITORING 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 Land Development Code.
6.5 POLLING PLACES
Pursuant to Section 2,6,30. of the Land Development Code, provision shall be made for the
future use of space within a commOn building for the purpose of accommodating lhe function of
an electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier
County, which shall be binding upon any and all successors in interest that acquire ownership of
such common areas including, but not limited to, condominium associations, homeowners'
associations, that such common facilities may be used for an electoral polling place if determined
to be necessary by the Supervisor of Elections.
6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
A, Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17. of the LOC.
Due to the environmental issues on this Project impacts are to be minimized.
B. Private streets shall conform wilh the right-of-way width requirements of Subsection
3.2.8.4.16.5, of the LDC except as follows:
], Cul-de-sacs and local streets less than one thousand feet (1,000') in length are
required to have a minimum fifty foot (50') right-of-way width and two ten foot
(10') wide travel lanes as required by Subsection 3.2.8.4.16.5.
2. AU 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
,,6,']enda Item No. 17l\
- '''poil 22, 2008
Page 55 of 117
3, Tangents between reverse curves shall not be required under Subsection
3.2.8.4. I 6, I O. 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
Cniform Traffic Control Devices standards.
6, LDC Subsection 3.2.8.4, I 6.8.: The minimum back of curb radii for internal roads
shall be 30 feet with the exception of both entrance road intersections which shall
be 40 feet.
6.7 TRANSPORTATION
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 maintaine..
by Collier County. The Developer shall provide arterial level street lighting at all Project
accesses prior to the issuance of any certificate of occupancy for a building accessed from
a Project entrance.
B, The Developer agrees that Collier County reserves the right to disallow developer
improvements within Vanderbilt Drive, East/West Livingston Road, and/or Wiggins Pass
Road rights-of-way if such improvements conflict with or negatively impact public
roadway, drainage. or utility facilities planned as part of future four-Ianing 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
,.- 1
Agenda Item No. 17 A
April 22, 2008
Page 56 of 117
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 provide additional right-of-way in fee simple title. when necessary,
along the PUD's north boundary for future EastlWest Livingston Road between
Vanderbilt Drive and U,S, 41. The Village Place PUD directly to the north of this PUD
has dedicated 67.5 feet of right-of-way along its southern property line for the future
East/West Livingston Road, ] 00 feet of right-of-way along the northern property line for
future East/West Livingston Road shall be dedicated to the County. Such required
right-of-way shall be dedicated and conveyed to Collier County for public roadway,
drainage, and public utility improvements. Collier County shall compensate the
Developer for the right-of-way based on professional land appraisals of the fair market
value based on its value prior to approval of the PUD. The right-of-way conveyance shall
occur at the time requested by the county.
G, The Developer shall design and pay for any required road improvements to Vanderbilt
Drive that will provide access for the Project (this includes turn lanes and other
improvements such as lighting). ]f 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 Projeet 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
Agenda Item ~~o. 17.A.
April 22, 2008
Page 57 of 117
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.
I. The Developer shall design noise mitigation/abatement systems in accordance with the
Collier County Land Development Code.
], In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pass
Road precedes the development of this Project's access to Vanderbilt Drive, the
Developer shall bear the full cost for the a=ss and appropriate turn lanes,
6.8 UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
A, Water distribution, sewage collection and transmission lines to serve the Project are to be
designed, constructed, conveyed, and/or owned and maintained in accordance with
Collier County Ordinance No. 97-17, as amended, and other applicable County rules and
regulations,
B, All customers connecting to the water distribution and sewage collection facilities to be
constructed will be customers of the County and will be billed by the County in
accordance with the County's established rates,
C. The on-site water distribution system serving the Project must be connected to the
District's water main and must be consistent with the main sizing requirements specified
in the County's Water Master Plan and extended throughout the Project. During design
of these facilities, the following features shall be incorporated into the distribution
system:
I. Dead-end mains shall include dead-end flushing hydrants.
2. Stubs for future system interconnection with adjaeent 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
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Agenda Item No. 17 A
April 22, 2008
Page 58 of 117
D, A water distribution system shall be construeted 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 District for ownership, operation and maintenance. All sewer
facilities constructed on private property and not required by the County to be located
within utility easements shall be owned, operated and maintained by the Developer, his
assigns or successors,
G. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed sewer system must be reviewed and approved prior to commencement of
construction.
6.6
.t:,genda Item No. 17."
April 22. 2008
Page 59 of 117
6.9 ENVIRONMENTAL
The development of this PUD Master Plan shaH 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 Stale 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 shall
be submitted to Planning Services Section staff for review and approval prior to final site
plan/construction plan approval. A Bald Eagle Management Plan and a Gopher Tortoise
Management Plan are required for this site.
F. Any amendment to the Bald Eagle Management Plan shall require review of the
Environmental Advisory Councilor 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 construetion of all improvements shall be subject to compliance with all
applicable provisions of the Collier County Land Development Code.
6.7
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Agenda Item No. 17 A
April 22, 2008
Page 60 of 117
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 be constructed simultaneously with or following the construction of
the principal structure except that temporary sales buildings, trailers, marketing facilities.
contractors storage and office facilities and the like, may be erected and utilized during the period
of Project development and marketing. Such temporary buildings shall be removed upon
completion of the marketing or construction activity which they are accessory to.
6.8
6.14 SIGNS
I'.~enda Item No. 17 A
April 22, 2008
Page 61 of 117
I, 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 Sie:ns
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.
3. Proiect Sil!ns
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 feel.
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
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3)
Agenda Item No. 17 A
April 22, 2008
Page 62 of 117
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 cxcavation of earthcn material and its stockpiling in preparation of water management
facilities or othcr water bodics is hereby permitted subject to applicable sections of the Land
Developmcnt Codc. If it is dcmonstrated that fill activitics on those buildable portions of thc
Project site are such that there is a surplus of earthen material, thcn its off-site disposal is also
hercby pe1111itted subject to the following conditions:
A. Excavation activities shall comply with the definition of a "development
excavation" pursuant to Division 3.5 of the Land Development Code whereby
off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic
yards) of the total volume excavated unless a commercial excavation permit is
received,
B. All other provisions of said Division 3,5 are applicable,
6.10
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--------,---------
."'genda Item No. 17 A
April 22, 2008
Bald Eagle Habitat M',<J!l~!ro''''~~'''
COC'OHA TCHEE
Sections 8,16,17, &20, Township 48 S, Range 25 E. Collier County.
Turrell & Associates, Inc. August 2000
4.0 Bald Eagle (Haliaeetus leucocephalus leucocephalus)
4.1 Occurrence on Site
An active bald eagle nest is located on the site on the west side of
Vanderbilt Drive, shown on the attached site plan I preserve map.
According to FFWCC records, the site has been active for at 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 I mangrove swamp. The birds have an open view to the
water over the tops of the mangroves to the west. Almost all of the
established trees between the nest tree and Vanderbilt Drive have died,
mostly due to a fire that occurred on the property several years ago so the
birds also have a relatively unobstructed view of Vanderbilt Drive. Due to
the condition of the tree, it is not expected that the eagles will continue to
use the nest more than a couple of more years at the most. It is more
likely that a storm with heavy winds will either destroy the tree supporting
the nest, or destroy the nest itself. It is not clear where the eagles will try
to construct a new nest if this occurs. Specific observations were made
during the past two nesting seasons to note flight patterns and feeding
behavior around the nest. These observations showed that flights into and
out of the nest were predominately to the south and south-west from the
nest tree, Several other dead pines around the nest served as perches for
the parents during the nesting season. An effort was made by the parent
birds to construct a new nest adjacent to the existing marina early in the
'99-'00 season, however, these efforts were unsuccessful.
2.2 Biology and Habitat RequIrements
The bald eagle is the largest raptor that breeds on the peninsula of
Florida, with a wingspan of about seven feet. Body plumage is dark
brown with the head and tail a distinctive while. Juveniles are brown-black
and fully develop the white head and tail by the age of five or six,
Eagles typically nest close to water with their diet comprised mainly of fish
but supplemented with a variety of vertebrates including birds and turtles,
Thus nests must provide prey opportunities in the vicinity, good visibility
and a clear flight path.
Nest laying begins in early fall and the cone shaped nests can be 6 feet
1
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Agenda Item No. 17 A
~I
Bald Eagle Habitat M. i! t
C C
Sections 8,16,17, & 20, Township 48 S, Range 25 E, Collier County.
Turrell & Associates, Inc, August 2000
across and 6-8 leet deep, lined with salt 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 01 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
alter 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 01
the eagle's territory, when, during the non-nesting season, perching may
take up 74-83% of the day (FWS). Selection is similarly based on how
much prey is available in the vicinity and how well the bird can see it, thus
perch sites are typically trees bordered by an open area such as river or
lake banks.
As a top predator eagles are wlnerable to the build up of contaminants in
the food chain. Population size was severely alfected by the use of the
pesticide DOT (now banned), which reduced reproductive success by
thinning eggshells, lead and mercury poisoning are on-going concerns.
Multiple disturbances by humans of nesting birds has been shown to lead
ultimately to nest abandonment. Spatial and temporal isolation from the
nest site and feeding areas are components of species management
plans.
Given the general requirements for the ecological success of the eagle,
an overview of how development on the project site will allow continued
habitation is provided below.
4.3 Site Development Considerations and Species Management
Protocol
The current site plan calls for development of a goll 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 loraging area is the Wiggins Pass estuarine system
which is designated as Outstanding Florida Waters, 280 acres 01 which
will be deeded by conservation easement to the South Florida Water
Management District preserving this habitat in perpetuity.
2
Aaenda Item No. 17 A
- April 22, 2008
Bald Eagle Habitat MpoMYl'N'1!r~'"
COCOHA TCHEE
Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Collier Coun1y.
Turrell & Associates, Inc. August 2000
The Habitat Management Guidelines outlined in the Recovery Plan for the
Southeastern States Bald Eagle call for a primary protection zone, except
under unusual circumstances, extending 750 to 1500 feet outward from
the nest tree. The precise distance being dependent upon the proximal
and spatial configuration of critical elements such as the nest tree, feeding
area, and roost trees. No residential, commercial, or industrial
development, logging or mining should occur within this zone.
The site plan for the golf course as proposed projects into the 750 foot
primary zone to the east of the nest tree. It is not anticipated that this will
adversely affect the eagles because of the existing circumstances of the
site. There are no existing living trees within this area and the birds
currently have a relatively unobstructed view of Vanderbilt Drive. The golf
course would remove some of the dead snags left in the area but
observations over the past two years have shown that these snags are not
utilized by the birds for roosting or perching. Also, flight paths into and out
of the nesting area were in the opposite direction and not over the area
proposed to be impacted. A screen of living vegetation will be planted
between the golf course and the nest site to block views and sounds of
the golfers from the nest. This action would result in a buffer 01
approximately 530 leet to the east 01 the nest. A buffer 01 750' would be
maintained to the south and north 01 the nest, and no impacts are
proposed to the west between the tree and the Gull 01 Mexico.
To minimize disturbance during the important nesting period, a greater
buffer zone of 1500' in radius will be established and maintained during
site construction activities. No construction activities will take place within
the 1500-loot zone during the nesting period which runs from October 1
through May 15.
Incorpqrated throughout the site is an education plan consisting of signs
and posters located at gall hole tees, with inlormation and pictures 01 the
habitats and species located in the vicinity 01 each hole. In this way
players and residents will gain knowledge and an appreciation 01 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.
J
Agenda Item No. 17 A
April 22, 2008
Page 68 of 117
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-88
Which was adopted by the Board of County commissioners on
the 12th day of December, 2000, during Regular Session,
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county commissioners of Collier County, Florida, this 15t~daYc~
WITNESS my hand and the official seal of the Board ~i"
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of December, 2000.
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DWIGHT E. BROCK
Clerk of Courts and Cl.erk .
Ex-officio to Board of . ,
County Cowmissioners .
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By: Ellie Hoffman,
Deputy Clerk
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.April 22. 2008
Page 69 of 117
COCOHATCHEEBAY
~
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING AMENDED MASTER PLAN
GOVERNING COCOliATCHEE BAY A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COUlER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
;.
VANDERBILT PARTNERS n, L TO
PREPARED BY:
PMS, INe. OF NAPLES
2335 T AMIAMI TRAll.. NORTH
SUITE 408
NAPLES, FL. 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
SElTT .F.MF.NT AGREEMENT AND RELEASE DATED
12111/00
2000-88
12114/00
.2008
EXJ.IIiIT u~~.."
2128/08 revision
Exhibit 2 to Settlement Agreement and Release
I'
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I
INDEX PAGE
List of Exhibits and Tables II
,
Statement of Compliance ill
SECTION I Property Ownership, Legal
Description and Short Title 1.1
SECTION n Project Development 2.1
SECTION ill Residential Development Areas 3.1
SECTION IV Golf Course / Open Space 4.1
SECTION V Preserve District 5,1
SECTION VI General Development Commitments 6,1
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Agenda item !\Jo. 1 !.t:..
.lIpnl 22, 2008
Page 70 of i 17
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22. 2D08
[.'.age 71 of 117
,.
LIST OF EXHIBITS AND TABLES
EXHIBIT "A,t
Amended Planned Unit Development Master Plan
EXHIBIT ~'B"
POO ~{B:Ster Plan ~ ilk 12rg1e aile 9-.wlay and
Rald ~&:gle !{8B&geBleBt Plan
Cocohatchee Bav PUD Amended Bald ElU!le Manal!ement Plan
EXHIBIT ~'C"
Settlement Al!reement and Release
TABLE I
Land Use Summary
TABLE II
Development Standards for "R" District
TABLE III
Development Standards for "DC" Sin!!le Familv
II
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2i28i08 revision
L
Agenda Ite;~ No. 17 A f. .,-.
Apri! 22. 2008
Page 72 of 117
STATEMENT OF COMPLIANCE
The development of approximately 532.09 :l: 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:
I. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay
Project are adequate. The Cocohatchee Bay Project will participate in the expansion of
existing public facilities to the extent of its impact on those facilities via payment of
impact fees.
2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and
planned land uses in the vicinity. Project lands lie in a transition area which includes
low-rise residential development and high-rise multi-family development.
3. The subject property's location in relation to existing or proposed community facilities
and services permits the Development's residential density as described in Objective 2 of
the Future Land Use Element.
4, The project Development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
5. The property was down-zoned during the Zoning Re-evaluation Process which resulted in
an action establishing several zoning districts and densities:
Parcel 1-
Parcel 5 -
Parcel 6 -
Parcel 7 -
11.19 acres
161.63 acres
13,15 acres
69.61 acres
Parcel 8
194.60 acres
Parcel 9
Parcel 10
1.26 acres
80.65 acres
TOTAL
532.09 acres
I
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2/28/08 revision
RSF- 3st
RSF-4
RSF-4(3)
RSF-3st(3)
RSF-3(3)
RMF-6(3)
RMF-6st(3)
RMF-12(3)
RMF-12st(3)
RMF-12st(3)
RMF-12st(3)
RMF-6st(3)
ill
= 33,57 units
= 646.52 units
= 39.45 units
= 208,83 units
=
583.80 units
=
3,78 units
241.95 units
=
=
1757,90 or 1758 units
L
!\;~a Item -~-J~;. 1/ A
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Page 73 ~Jf 117
!
The PUD will utilize a total of 590 units on 532,09 :l: 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.l.H and 3.l.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 Di':iaisB J.13,} e!ltIIata
Pu9lie Feeililiea. af the Collier County Land Development Code (LOC).
10. This Pun amendment is herebv made pursuant to a Settlement A..,.,...,ment and Release, a
CODV of which is attached hereto as Exhibit "C" and which terms and conditions are
herebv deemed to be incoroorated herein bv reference as if fullv set forth herein, If anv
terms between this Pun amendment and the Settlement Al!I'eement and Release are in
conflict. the Settlement Al!I'eement and Release will control.
IV
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,U,;12nda Item No. 17 A
F.prll 22, 2008
Page74of117
SECTION I
PROPERTY OWNERSmp & GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of COCOHA TCHEE BAY.
. 1.2 LEGAL DESCRIPTION
PARCEL 1
THE SOurHERL Y 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.88024'40"W, (SHOWN IN ERROR
AS S.88026'40"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;
HEREINAFI'ER CITED AS OFFICIAL RECORDS), ALONG TIm SOUTH LINE OF
SAID GOVERNMENT LOT 4 AND TIm WESTERLY PROLONGATION OF SAID
SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WTI1:I AN AGREED
BOUNDARY LINE AS RECORDED IN O.R, BOOK 87, PAGES 439 THROUGH 447
(SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK
218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN
O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT
THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS OR BOOK
87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN N.290I1'40"W., ALONG SAID BOUNDARY
LINE, FOR 300 FEET; THENCE RUN N.3000'OO"W" ALONG SAID AGREED
BOUNDARY LINE, FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN THE
OFFICIAL RECORDS); THENCE RUN N,67030'00"W. ALONG SAID AGREED
BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.Q1 FEET IN
THE OFFICIAL RECORDS); TIIENCE RUN N.22031'OO"W" (SHOWN IN ERROR AS
N.22030'OO"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED
BOUNDARY LINE, FOR 944,72 FEET; THENCE RUN NORTH, ALONG SAID
AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WTI1:I THE
WESTERLY PROLONGATION OF TIm NORTH LINE OF GOVERNMENT LOT 3,
SAID SECTION 8; THENCE RUN N.oo08'53"E, (SHOWN IN ERROR AS NORTH IN
THE OFFICIAL RECORDS), FOR 429,82 FEET; TImNCE S,59000'00"E" FOR 815,68
FEET, TO AN INTERSECTION WTI1:I SAID WESTERLY PROLONGATION OF THE
NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89012'20"E.,
ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF
SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTImAST CORNER
OF SAID GOVERNMENT LOT 3. TIIENCE RUN S,00023'IO''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
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THERETO BY ACCRETION OR REliCTION, AND LESS AND ACCEPT ANY
LAND LOST THEREFROM BY SUBMERGENCE OR EROSION,
PARCEL 5
THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25
EAST. COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE RIGHT-
OF-WAY FOR STATE ROADS S-865A (ALSO KNOWN AS VANDERBILT DRIVE)
AND S-865B (ALSO KNOWN AS WIGGINS PASS ROAD).
PARCEL 6
THAT PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY
DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE
NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE
RIGHT-OF-WAY OF U,S, HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL).
PARCEL 7
THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE
SOUTHEAST 1/4 OF THE SOlITHEAST 1/4 OF THE NORTHEAST 1/4 AND
EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A
(VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION
OR REliCTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY
SUBMERGENCE OR EROSION,
PARCELS
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COIllER COUNTY, FLORIDA, RUN N.89054'20"W.,
ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN
INTERSEcrION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R.
BOOK 68, PAGE 235 THROUGH 250 OF THE PUBUC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN N,Olo30'05"E" ALONG SAID AGREED
BOUNDARY LINE, FOR 1298.70 FEET (SHOWN IN ERROR AS 1300,00 FEET, IN
O,R, BOOK 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFfER CITED
AS OFFICIAL RECORDS); THENCE RUN N.30000'OO''E.. ALONG SAID AGREED
BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05000'OO"W., ALONG SAID
AGREED BOUNDARY LINE. FOR 1480 FEET; THENCE RUN N.290II'4Q"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.88024'40"E. (SHOWN IN ERROR AS
N.88026'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR
3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; TIIENCE
RUN S.oo27'30"E., ALONG THE EAST LINE OF SAID SECfION 17, FOR 2690.04
FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO
THE EAST QUARTER CORNER; THENCE RUN S.oo26'00"E. (SHOWN IN ERROR
AS S.oo26'OO"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID
SEcrION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING
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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 114, AU. IN SAID SECI10N 17; AND EXCEPTING THE
RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBn..T DRNE), AND
EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST '/.I
OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTII, 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,89053'18"W, FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE
RUN S,89053'18"W" FOR 186,65 FEET, TO A POINT ON BULKHEAD LINE AS
SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK I,
PAGE 7, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
RUN S.41 OIl '03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE
RUN S.00Q6'4Z"E" FOR 120 FEET, THENCE RUN N.89053'18"E., FOR 275.72 FEET,
TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A
(VANDERBn..T DRIVE): THENCE RUN N.0026'OO"W., FOR 220 FEET, TO THE
POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION
OR REUCI10N, 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 SEcrION
17, TOWNSHIP 48 SOUTII, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE
NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SAID SECI10N 17, RUN N.8904Q'55"E" FOR 560,24 FEET. ALONG THE NORTII
LINE OF TIlE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SAID SEcrION 17,
TO A POINT ON TIlE BULKHEAD LINE AS SHOWN ON PLAT THEREOF
RECORDED IN BULKHEAD LINE PLAT BOOK I. PAGE 7, OF THE PUBUC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.oo26'00"W" FOR
100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.8904Q'55"W" FOR
560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE
OF THE NORTHEAST 1/4 OF TIlE SOUTHEAST 1/4 OF SAID SECTION 17;
THENCE RUN S.0025'41 "E., FOR 100.00 FEET, TO TIlE POINT OF BEGINNING.
PLUS ANY LAND ADDED THERETO BY ACCRETION OR REUCnON, AND
LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR
EROSION.
PARCEL 10
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48
SOUTII, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89052'20"W.,
ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053,75 FEET; THENCE
RUN N,oooI4'OO"W, FOR 1698.91 FEET; THENCE RUN N.54047'52"W., FOR 399.32
FEET, TO AN INTERSECI10N WITH AN AGREED BOUNDARY LINE AS
RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBUC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79017'1O"E.,
ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN
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N.02059'30''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.27015'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET;
THENCE RUN N,18044'30"W., ALONG SAID AGREED BOUNDARY LINE FOR
887.03 FEET, THENCE RUN N.05037'50"W" ALONG SAID AGREED BOUNDARY
LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF
SECTION 20; THENCE RUN S,89054'20"E., ALONG SAID NORTH LINE FOR
2839,52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE
RUN S.020IZ'OO"E., ALONG THE EAST LINE OF SAID SECTION 20, FOR 5Z73.90
FEET (SHOWN IN ERROR AS 5277.24 FEET IN OR BOOK 68, PAGE 235) TO THE
POINT OF BEGINNING.
PLUS ANY LAND ADDED THERETO BY ACCRETION OR REUCTION, 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 DRNE) AND S-846 (ALSO KNOW AS
BLUEBILL AVENUE),
AND LESS AND ACCEPT THE FOu..oWING DESCRIBE REAL PROPERTY:
ALL OF WIGGINS PASS LANDINGS UNIT NO. I ADDmON, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE
PUBUC 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 PUBUC RECORDS OF COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUfHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS
LANDINGS UNIT NO,I ADDmON; THENCE N,89052'ZO"W, ALONG THE
SOUfHERLY LINE OF SAID LOT 4. A DISTANCE OF 599.96 FEET TO THE
SOlITHWEST 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,89052'20"W., ALONG THE SOUfHERLY LINE OF SAID WIGGINS
PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE
SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N.OOo 14'OO"W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS
LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 FEET; THENCE N.34026'I 5"E.,
ALONG SAID WESTERLY LINE. A DISTANCE OF 439.38 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1;
THENCE N,87048'OO"E. ALONG SAID NORTHERLY LINE A DISTANCE OF
1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID
WIGGINS PASS LANDINGS UNIT NO.1; THENCE S,02012'OO"E. A DISTANCE OF
163.77 FEET TO THE NORTHWEST CORNER OF LOT I, BLOCK 3 OF SAID
WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87048'00"E. A DISTANCE OF
200.00 FEET TO THE NORTHEAST CORNER OF SAID LOT I; THENCE
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S,OZO 12'OO"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS
UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF
LOT I, 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 ADDmON; THENCE S.02012'00"E. ALONG THE
EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDmON, 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 ADDmON, 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 REUCITON, AND
LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR
EROSION,
AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY:
A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP
48 SOUTH, RANGE 25 EAST OF COUJER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF
SAID SECTION 20; TlIENCE N.020I2'OO"W., ALONG THE EASTERLY LINE OF
SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; TlIENCE S,87048'00"W., A
DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY
LINE OF VANDERBll...T DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE
NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT
NO,I, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT
PAGE 44, OF THE PUBLIC RECORDS OF COUJER COUNTY, FLORIDA, THE
SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE S.87048'00"W., A DISTANCE OF 200.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 1; THENCE N,02012'00"W. A DISTANCE OF
163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID
WIGGINS PASS LANDINGS UNIT I; TlIENCE S,87048'OO"W, ALONG THE
NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A
DISTANCE OF 1481.48 FEET; THENCE S,34026'15"W, ALONG THE
NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A
DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B,
BAKER-CARROLL POINT, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COUJER COUNTY,
FLORIDA; THENCE N.54047'52"W., ALONG THE NORTHERLY LINE OF SAID
BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION
WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS
BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; TlIENCE N,79017'10"E., ALONG SAID AGREED
BOUNDARY LINE, A DISTANCE OF 69.60 FEET; THENCE N.0509'30"W., ALONG
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SAID AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE
N.27015'20"W" ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF
616,67 FEET; TIffiNCE N,87048'OO"E" A DISTANCE OF 2472.71 FEET TO A POINT
ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBll..T DRIVE;
TIffiNCE S.020 12'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11
FEET; THENCE S.02"12'OO"E, ALONG SAID WESTERLY LINE A DISTANCE OF
667.03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES,
MORE OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation.
1.4 GENERAL DESCRIYflON 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 PHYSICAL DESCRIYflON
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 II feet above mean sea level.
Most of the area, however, falls within the 10' to II' foot elevation category. The
site lies within Flood Zone AE (EL II ') and AE (EL 12') according to Firm Maps
120067-01910, 0187D, and I 89D, dated June 3, 1986.
D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress
Swamp (approximately 48%) and Charlotte fme sand (approximately 2%). Soil
characteristics were derived from the Soil Survey of Collier County, Florida,
issued by the U.S, Department of Agriculture (Soil Conservation Service) in
March, 1954.
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1.6 PROJECT DESCRIPTION
The Cocohatchee Bay PUD is a residential and golf course community with a maximum
of 590 dwelling units. Recreational facilities including a golf course, clubhouse,
maintenance facility, caddie quarters, and guest suites will be provided in conjunction
with the dwelling units, Residential and recreational land uses are designed to be
harmonious with one another in a natural setting by using common architectural themes,
appropriate screening and buffering and open space.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "AMENDED COCOHATCHEE BAY
PLANNED UNIT DEVELOPMENT ORDINANCE."
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the Project plan of development.
relationships to applicable County ordinances. the respective land uses of the tracts
included in the Project, as well as other project relationships.
2.2 GENERAL
A. Development of Cocohatchee Bay shall be in accordance with the contents of the
Amended Planned Unit Development document, the Settlement A=ment and
Release attached hereto. and applicable sections of the Collier County Land
Development Code and Growth Management Plan in effect at the time of issuance
of any development order, such as, but not limited to, Final Subdivision Plat,
Final Site Development Plan, Excavation Permit, and Preliminary Work
Authorization, to which such regulations relate. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district
in the County Land Development Code shall apply,
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Cocohatchee Bay POO shall become part of the
regulations which govern the manner in which the POO site may be developed.
D. Unless modified. waived or excepted by this POO. the provisions of the LOC,
where applicable. remain in full force and effect with respect to the development
of the land which comprises this pu~,
E. Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of DiyisieR 3.15, Adeflllate PlIlllie
l"aeililies. af the LDC at the earliest or next to occur of either final SOP approval,
final plat approval, or building permit issuance applicable to this Development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan, including land uses for the various tracts, is illustrated
by Exhibit "A," the Amended PUD Master Plan, The nature and extent of land
uses within the Project are indicated on Table I. The specific location and size of
individual tracts and the assignment of dwelling units thereto shall be determined
at the time of detailed site development planning or platting.
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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.
COCOHATCHEEBAY
LAND USE SUMMARY
TABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
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MAX. D.U.'s I Square Footal!e
ACRES
Residential "RI-"
590 48G
53.70 H.QQ If
ReaiEieRkal "RA"
9ll
9.79 II
Golf Course "OC"
2* ;!Q
170.39 +1-
Open Space N/A
(Preserve. Lakes and Landscape Buffers)
308.00 +1-
Total
59O~
Total
532.09 +1- acres
"'2 -foe" units to be deducted from the total in the "R" l.l&e 50 total overall retrutim: 590 units.
2.4 RELATED PROJEcr PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the POO, final plans for all required improvements shall receive approval of the
appropriate Collier County governmental agency to ensure compliance with the
Amended POO Master Plan, the Collier County Subdivision Code, and the
platting laws of the State of Florida.
B. Revised Exhibit "A." the Amended POO Master Plan, constitutes the required
POO 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 POO Master Plan, Any division of property and the
development of the land shall be in compliance with Di\'isiall ).2 af the Collier
County Land Development Code, and the platting laws of the State of Florida.
C, The provisions of Di...isieR ).3 sf the Collier County Land Development Code,
when applicable, shall apply to the development of all platted tracts or parcels of
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land as provided in the Collier County Land DevelODment Code said Di\'ioieB
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 af DivisiaB 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.
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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 I SALES OFFlCES
Model homes, sales centers and other uses and SUUCture5 related to the promotion and
sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos,
parking areas, tents, and signs, shall be permitted principal uses throughout the
Cocohatchee Bay PUD, subject to the ftllllliRl!IBRIS ef ~eeBeB 2,j!,33.i. ef tfie Collier
County Land Development Code and all other applicable sections, Sales facilities will be
permitted prior to final plat approval as provided in the Collier Countv Land
DeveJooment Code sail! ~eetieR 2.s.n .1,
2,6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the Pun as provided in the Collier County Land
Development Code, SeeBeR 2,7.3.5,
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Common area maintenance will be provided by the Master Property Owners' Association,
The Association is a legitimate alternative for the timely and sustained provision of
quality common area infrastructure and maintenance under the terms and conditions of
County development approval. For those areas not maintained by the Master Association,
the Developer has created a property owners' association(s), or condominium
association(s), whose functions shall include provision for the perpetual maintenance of
common facilities and open spaces. The Master or the property owners' 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.
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2.8 DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Devclopmcnt Disttict is intended to encourage
ingenuity, innovation and imagination in the planning, design and devclopment of
relatively large tracts of land under unified ownership or control, as set forth in the
Collier County Land Developmcnt Code, Eeeaol\ :!.:!.J9.2.3,
The Applicant has not set "stages" for the devclopment of the property. Sincc the
propcrty is to be devcloped ovcr an cstimated ten (10) year time period, any projection of
project development can be no more that an estimate based on current marketing
knowledge, Thc estimate may, of course, change depending upon futurc economic
factors.
2.9 GENERALPEWMn7EDUSES
Ccrtain uscs shall be considered general permitted uses throughout the Cocohatchee Bay
Community PUD cxcept in the Prescrvc Disttict. General permitted uses arc those uses
which generally serve thc Developer and residents of the Cocohatchee Bay PUD and are
typically part of the common infrastructure or are considered community facilities,
A. General Permitted Uses:
1. Essential services as set forth under the Collier County Land Development
Code, Eeeliell Ui.9.1.
2. Watcr managcment facilities and related structures,
3. Temporary sewage treatment facilities,
4, Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5, Guardhouses, gatehouses, and access control structures,
6. Community and neighborhood paries, recreational facilities, community
centers.
7, T cmporary construction, sales, and administrative offices for the
DevcIoper and the Developer's authorized contractors and consultants.
including neccssary access ways, parking areas and related uses.
8, Landscape features including, but not limited to, landscape buffers, berms,
fcnces 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.
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9. Any other use which is comparable in nature with the foregoing uses and
which the Planning Services Department Director determines to be
compatible.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
sha1l apply to structures:
\, Setback from back of curb or edge of pavement of any road - Fifteen feet
(\5') except for guardhouses, gatehouses, and access control structures
which shall have no required setback.
2. Setback from exterior property lines - One half (112) the height of the
structure, minimum of twenty feet (20').
3. Minimum distance between structures which are part of an architecturally
unified grouping - Five feet (5').
4. Minimum distance between unrelated structures - Ten feet (10'),
5. Minimum floor area - None required,
6.
Minimum lot or parcel area - None required.
7.
Sidewalks, bikepaths, and cartpaths may be placed within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bikepath,
or canpath.
8, Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein, are to be in accordance with the Collier
County Land Development Code in effect at the time of Site Development
Plan Approval.
2.10 OPEN SPACES REQUIREMENTS
The Amended POO Master Plan iElsRtifies Ilppfsllimotely 18J seres iRelaEleEl iR lhe
Resnaaest Celf <:8\H'ge, baRsesapa'(}peR Epeee, l.nkf'S BRei. PFeS8F\'e Distriet
8esigRatisft&. These 8I'8&S et{Hate. Ie appreKifBBtely 91 pereeat af the PFejeet aae fully
~ satisfies the open space requirements of !;eegaR 1.~.12 af 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.
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2.12 LANDSCAPING REQUIREMENTS
A. A perimeter berm shall be constructed in conformance with Seetiell 2.1.1 af 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 frontage. Said landscape buffer on the west side of Vanderbilt
Drive shall include development features that impede the view of high rise
residential structures from Vanderbilt Drive.
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SECTION III
RESIDENTIAL "R" DEVELOPMENT AREAS
3,1 PURPOSE
The purpose of this Section is to establish land use regulations and development
standards for the residential development tracts designated on Exhibit "A," the Amended
PUD Master Plan as UR" URl" ana UR2".
3.2 MAXIMUM DWELUNG UNITS
The maximum number of dwelling units permitted within the PUD is 590. The subject
property contains a gross acreage of 532,09 +/- acres and base density of 1.11 dwelling
units per gross acre,
3.3 GENERAL DESCRIPTION
Are~ designated as "R" "R I" IIml "R2" on the Amended PUD Master Plan are designed
to accommodate high-rise residential dwelling unit typeS. multi-family dwellings, adult
living facilities, compatible nonresidential uses, a full range of recreational facilities.
essential services. and customary accessory uses.
The approximate acreages are indicated on the Amended PUD Master Plan. These
acreages are based on conceptual designs and are approximate. Actual acreage of all
development tracts will be provided at the time of Site Development Plan or Preliminary
Subdivision Plat approvals in accordance with Di,..isisn 3.3 11II11 Di',i5isR 3.2,
respectively, sf the Collier County Land Development Code. Residential tracts are
designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes
and water management facilities, and other similar uses found in residential areas.
3.4 USES PERMI'ITED
A. Princinal 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 ~ ~~Rl" ana "R2" Districts-.
B. Accessorv Uses
1.
Uses and structures customarily associated with principal uses permitted,
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2, Recreational uses such as, but not limited to, clubhousc, fitncss ccnter,
health spa, tennis courts, swimming pools or similar recreational uses.
3. Any othcr accessory use which is comparable in nature with the foregoing
uses and which thc Planning Services Department Director dctermines to
be compatible in the "R" "Rl" Mil "R,2" Districti!.
3~ DEVELOPMENT STANDARDS
A. Tablc I 1I scts forth the devclopment standards for land uses within the "R"
Residential Districlll.
B. Standards for parking, landscaping, signs and othcr land uses where such
standards are not specified hcrein or within the Cocohatchee Bay PUD, are to be
in accordance with Collier County Land Development Code in cffect at the time
of Site Devclopment Plan approval, Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
C. Off-street parking required for multi-family uses shall be accessed by parking
aisles or driveways which are separate from any roads which servc more than one
dcvelopmcnt. A green spacc area of not less than ten feet (10') in width as
measured from pavement edge to pavement edge shall separate any parking aisle
or drivcway from any abutting road.
D. lrt the 8","'881 the De-:elsper Buil" dIe RlI:lJgple family ksasiBg pJaeeEi iR the 8fea
ge~'eeR TftIllSR Ce"'! aBet FalliHg WatMS, a lBinmN:Jlfl sf 39 pSfe6at sf the
aU:lltipJe family hsHtJiRg skall ee effBfElEl 18 8IBflls)"8es sf tHe galE aSHES! "l:ith
fJl:H'ehase paes SF Feola! fates 8BHSisteRt with ft:8Qitisft&lly a.seeptea ftsl!5ing ees~
ta {ReamS ..ass.
AMENDED COCOHATCHEE BAY COMMUNITY
DEVELOPMENT STANDARDS FOR ''R'' DISTRICT
TABLE1Il
DEVELOPMENT STANDARDS ~ !!&a!! NON HIGH
HIGH.RlSE UlJl,n: F. \llll.. V" RISE (Other
Mold. Flllllily DwelliDgs* Stmctures).
MiDlmum Lot Area N/A -i-AeF& I Acre
MInimum Lot Width N/A NJA NtA
Front Yard. Inlemol Road .1 0.5 BH notles, g,.! BH Relllss 0.5 B H not less
than 25 feel thB:ll 43 feet thon '5 feet
Front Yard. Acc.....ry Bldg. 0.5 BH hot less Q.~ ill RBt 1888 0.5 BH notles,
Inclndln. p......n. SlnIctnre than 25 feet than :lJ feet than ,. i~;:;
Front Yard. VanderbUt Drive BH NJA N/A
Front Yard. A_ . 50 NJA N/A
Side Yard 0.5 BH Y l~
Rear Yard Principal 0.5BH Y 1..1
Rear Yard ACCOlIIOrv 15 W 10
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M..nmmn BIdi Heipt 20 stories for . maximum ~ ~
heioht of 200 feot "2
D1s_ Betw_ PrIadpaI Struc:tu..... O.S 8BH "3 S.f BIl Bet 1161 O.S BH not less
dum U rut
Floor Area MiD. (S.F.\ t800 SF 1:3QQ gp pM ~" .4
Illi: (Building Height); Building hcilht shall be the vcnical distance mcuured from the fim habitable finished floor elevation to
the uppermost finished ceiling devation of the structure.
SBH.: (Sum of Building Height): Combined height of two adjacent buiWings for the purposes of dclennining setback
~uircments..
All distanca are in feet unless otherwise noted.
*1 Front yards shall be IIIC8S\Wd IS follows:
A. If the parcel is served by a public right-of.way. setback. is measured from the adjacent riaht-of-way line.
B. If the parcel is served by a private road, setback is measured from the bact 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.." tract sball be 11 +S stories for a maximum
height of ill +SO feet.
*) Where buildings with a common architectural theme are angled, stewed or offset from one another. and walls arc not
parallel to one another, the _to can he adminlsltatlvely reduced.
*4 For Dr'--:cnrv uses. includinll' NlhRnR!l: there !:hall be no minimum floor area...
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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 he 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 PERMI'ITED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part. for other than the following:
A, Permitted Principal Uses and Structures
1. Golf courses and golf club facilities, caddie quarters, clubhouse, guest
suites, including temporary golf clubhouses.
2. Un to 2 sin21e-familv detached dwellinl! units.
3. ;!, Project information and sales centers.
4, ~ Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds,
water and wastewater treatment plants, utility pumping facilities and pump
buildings, utility and maintenance staff offices.
5. Anv of the USes of the "p" District subiect to the develonment 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,
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3.
Retail sales of associated recreational equipment and apparel, such as, but
not limited to, golf, tennis, and other recreational related equipment
apparel and accessories.
4.
Restaurants and related uses intended to serve club members and club
guests.
5.
Shuffleboard courts, tennis courts, health spas, swimming pools, and all
other types of accessory facilities intended to provide recreational
opportunities for members.
6.
Open space uses and strUctures such as, but not limited to, boardwalks,
nature trails. bikeways, landscape nurseries, gazebos, boat and canoe
docks. fishing piers, picnic areas, fitness trails and shelters.
7.
Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Department Director detennines to
be compatible.
4.3 DEVELOPMENT REGULATIONS - GOLF FACILITlR<:
A. Principal strUctures shall be set back a minimum of twenty feet (20') from Golf
Course District boundaries and private roads, and twenty-five feet (25') from all
PUD boundaries,
B. Accessory strUctures shall be set back a minimum of ten feet (10') from Golf
Course District boundaries and private roads, and twenty feet (20') from all PUD
boundaries and residential tracts.
C. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
D. Maximum height of structures
I. Principal Structures - 2 stories for a maximum height of 20 feet.
2. Accessory Structures - I story for a maximum height of 15 feet
E. Minimum distance between principal structures - Ten feet (10').
F. Parking for the community center/clubhouse shall be three spaces per every one
thousand (1,000) square feet of gross floor area, which shall be considered
inclusive of the required golf course parking, provided the golf course and
recreational facilities are private, otherwise. applicable provisions of the Land
Development Code shall apply.
G. The golf course maintenance building shall be located a minimum of 1750 linear
feet west of U.S. 41.
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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 DEVEWPMENT REGULATIONS -SINGLE FAMIT.Y CRITERIA
No buildinl! or structure. or oart thereof. shall be erected. altered or used. or land or water
used, in whole or in oart. for other than the followinl!:
A. Princioal structures shall be set back a minimum of twenty feet (20') from Golf
Course District boundaries and orivate roads. and two hundred feet (200') from all
PUD boundaries.
B. Accessorv structures shall be set back a minimum of ten feet ( 10') from Golf
Course District boundaries and orivate roads. and two hundred feet (200') from all
PUD boundaries and residential tracts. Fences. I!ates and non-habitable I!ate
houses are exemot from the reauirement of P3I'lI2I'lIDh 4,4.B.
DEVEWPMENT STANDARDS FOR
''GC" SINGLE FAMn. y
TABLE ill
DEVEWPMENT STANDARDS
~
~i"'" FlUllilv
Detamed. Dw,.IIInn
t
ora e
, ..
MaDnmm Bid. Heipht for DrindDlllud
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10
18 zoned hei~ht
FI
.F.
F
All diG.tance.s are in feet unleu otherwige noted
., Front varrl5 shall he measu~ as follows'
A If the narc~ is served hv a tmblic ri~ht...of-wav sethsd: is I'IleUUred from the adiacent
risilit-of-wav line
B. If the Darcel is served bv 8 Driva1c mad. setback is measured from the back of curb (if
curbed) Qr ed2e of Olvement (if not ClIlrbed'
.- Rear vards setbacks for n"ndoal and 1li"N"c''WIV lltnlCOIre5 on lotl; that abut DreJerVes Ilhall be oer the Land
Develooment Code
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~ Permitted accesSOry uses and structures:
a. Customary accessorv uses and structures. inc1udim! but not limited to:
i. Covered oarkin2. attached and detached I!aral!es.
ii, Recreational facilities includinl! but not limited to cools and tennis
~
iii. Eauestrian barns and aoourtenances
iv. Water manlll!ement facilities and lakes
v, One (1) roest house (as allowed bv the Land Develooment Code) oer
princioal structure and two (2) service auarters suooOltinl! the orincioal
structure, The roest house and service auarters combined shall not
exceed 40% of the size of the orincioal structure. The service Quarters
will not be counted as additional density,
vi. Storal!e facilities
b. Anv other accessorv use which is comoarable in nature with the forel!oinl!
uses and which the Board of ZoniDl! Aooeals determines to be comoatible in
this district.
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SECTION V
'Agenda 119m No. '1,~i A r-
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PRESERVE "P" DISTRICT
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Cocohatchee Bay Community designated on the Amended Master Plan
as the Preserve District.
5.2 GENERAL DESCRIPTION
Areas designated as Preserve on the Amended Master Plan are designed to accommodate
a full range of conservation and limited water management uses and functions. The
primary purpose of the Preserve District is to retain viable naturally functioning wetland
and upland systems, to allow for restoration and enhancement of impacted or degraded
wetland systems, and to provide an open space amenity for the enjoyment of Cocohatchee
Bay Community residents.
5.3 USES PERMI'ITED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses
I. Passive parks, fl85Sh'8 reeRWiBRBI _. lleaMwo,ll(8,
2. iliIBag, ffilattg, 8lUt Rattlfe Heils.
2. Passive recreational areas limited to the followinl!::
i. Boardwalks
ih B icvcle paths
Hi. Environmental uses (wetlands and conservation areas)
iv. Flower beds
v, Golf cart Paths *
vi. Pathwavs and/or bridl!:es
vii. Handican ramDS
viii. Eauestrian uses and trails *
ix, Fitness trails and shelters *
lh Hikin l!: and nature trails
xi. Open SDace drainal!:e svstems (reauired for the oermittinl!: of the
Droiect)
xii. Parkinl!: lots (in SUDDOrt of anv use within this section) *
xiii. Sidewalks *
xiv. Underl!:l'Ound drainal!:e
xv. Water Darks (fountains)
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xvii.
xviii.
xix,
.u"
xxi.
xxii.
Mill..
xxiv.
xxv.
xxvi.
xxvii.
*' East of Vanderbilt Drive only.
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Lake Cincludinl! structural bank treatments)
Boat (non-motorized). kavak and canoe docks
Fishinl! Diers
Guardhouses. statehouses *
Passive Darles. with Dassive recreational uses subiect to this
section. [Intended to be limited to the definition in the Land
Develooment Code]
Gazebos
Picnic areas
Wildlife sanctuarY
Recreational shelters. in oreserve unland areas onlv
Drainlll!e and water manlll!ement facilities as may be reauired
bvSFWMD
Motorized devices reauired bv nhvsicallv imnaired individuals,
Restroom facilities *
3. Celf em patft9 are l'emHtteti iR the presef\'e areas eat:8ide the limits af the
hahf eagle pSlDftl)' RBRe.
1. Wildlife. sanell18f)',
5. Path\.1:aYB aRB SF hFisges.
6. ReereaHBfutl skelteFS, iR PreSBflt.'e Hplafui &feas.
7. Draiaage ftfld ",'f.'ater managefftelHt faeilW.&S &a RHI:}' Be fSfltlirea hi' Sf1V1t.ID.
1c g, Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Department Director determines to
be compatible.
5.4 DEVELOPMENT STANDARDS
A. Setback requirements for all structures shall be in accordance with EeeliaB
3.2.g.1."7.3. sf 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 Serviees 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').
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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 CONSERV A nON EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land
Development Code, SeeaeR 3.2.8.1.7,3. for lands included in the Preserve District. In
addition to Collier County, a non-exclusive conservation easement may also be required
by other regulatory agencies with jurisdiction over Preserve District lands, In addition to
complying with provisions of the Collier County Land Development Code, said easement
shall be provided in accordance with the tenns set forth in any applicable permit granted
by other agencies. The Developer, its successor(s) or assigns, including the Master
Property Owners' Association shall be responsible for control and maintenance of lands
within the Preserve District.
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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, Di',isiee 3.2 shall apply to
this Project even if the land within the PUD is not to be platted. The Developer, his
successor and assigns. shall be responsible for the commitments outlined in this
document.
The Developer, his successor or assignee, shall follow the Amended Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title, is
bound by the commitments within this agreement.
6.3 PUD MASTER PLAN - As Amended bv the Settlement Al!I'eement and Release
A. Exhibit "A," the Amended PUD Master Plan, illustrates the proposed
development and is conceptual in nature. Proposed tract, lot or land use
boundaries or special land use boundaries, shall not be construed to be specific
and may be adjusted during the platting or site development plan approval
process. Subject to the provisions of EeetieR 2.7.3.3. of the Land Development
Code, PUD amendments may be made from time to time.
B. All necessary easements, dedications, or other instruments shall be granted to
ensure the continued operation and maintenance of all service utilities and 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:
I. 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
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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 DEVELOPMENTIMONlTORING 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 2000f2001. 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
EaelieR 2.7.3.6.,efthe Collier County Land Development Code.
C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of EeelieR
2.7.~.~ eithe Land Development Code as modified bv Paral!l'll{lh 7 of the attacbed
Settlement Al!I'Cement and Release.
6.5 POLLING PLACES
Pursuant to SaslisR 2.6.3(1. af the Land Development Code, provision shall be made for
the future use of space within a common building for the purpose of accommodating the
function of an electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding upon any and all successors in interest that acquire
ownership of such common areas including, but not limited to, condominium
associations, homeowners' associations, that such common Jacilities 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 COLI.ffiR COUNTY LAND DEVELOPMENT CODE /LDC)
A. Sidewalks / bike paths shall conform with ElI8seeaea 3.2.&.3,17, af the LDC.
Due to the environmental issues on this Project impacts are to be minimized.
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B. Private streets shall conform with the right-of-way width requirements of
baBseelisR 3.2.8.1.16.3. efthe Land DeveloDment Code b9Gexcept 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 Develooment
Code EH!lseeli9R U.8.1.l11.5.
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
the Land DeveloDment Code Eallscetien ~.2.8,1.11l.3.
3. Tangents between reverse curves shall not be required under EabseelioR
3,2,8.1.lll.1Q. efthe Land Development Code.
4. Street grades may exceed four percent (4%) under Eu\;!seelioR
~.2.8.1.lll.I1. sf the Land Development Code provided that applicable
Florida Department of Transportation, Manual of Uniform Minimum
Standards (FOOT MUMS) and AASHTO criteria are met.
5. me ba\;!seeaeR 3.2.8.~.19.: Pursuant to the Land DeveloDment Code.
t+he 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. LOC EII\;!seeaeR 3.2.&.1.l6.&.: Pursuant to the Land Develooment Code.
t+he minimum back of curb radii for internal roads shall be 30 feet with
the exception of both entrance road intersections which shall be 40 feet.
6.7 TRANSPORTA nON - For Additional Information. see Settlement Al!reement 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.
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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
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negatively impact public roadway, drainage, or utility facilities planned as part of
future four-laning construction.
C. The Developer shall provide additional right-of-way in fee simple title, when
necessary, along the PUD frontage to Vanderbilt Drive. Additional right-of-way
is required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt
Drive as shown on the final four-lane design plans prepared for Collier County by
Johnson Engineering, Inc. Such required right-of-way along each side of
Vanderbilt Drive shall be dedicated and conveyed to Collier County without
consideration for impact fee credits for public roadway, drainage, and public
utility improvements. The right-of-way conveyance shall occur at the time
requested by the County.
D. The Developer shall provide additional right-of-way in fee simple title, when
necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and
authorized access points wherein right turn lanes for development purposes are
required or specified. Such additional right-of-way is declared to be
compensating right-of-way and accordingly will not be subject to road impact fee
credits. The final four-lane design plans prepared for Collier County by Johnson
Engineering, Inc. do not show required right-of-way for right turn lanes for this
PUD, but the right-of-way shall generally be of a typical width of approximately
15 feet. The right-of-way conveyance shall occur at the time requested by the
County.
E. The Developer shall provide the additional 10 feet of right-of-way in fee simple
title, when necessary, along the PUD frontage to Wiggins Pass Road. Additional
right-of-way is required in varying widths on the north side of Wiggins Pass Road
as shown on the final four-lane design plans prepared for Collier County by
Johnson Engineering, Inc. Such required right-of-way along Wiggins Pass Road
shall be dedicated and conveyed to Collier County without consideration for
impact fee credits for public roadway, drainage, and public utility improvements.
The right-of-way conveyance shall occur at the time requested by the County.
F. The Developer shall provide additional right-of-way in fee simple title, when
necessary, along the PUD's north boundary for future EastlWest Livingston Road
between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the
north of this PUD has dedicated 67.5 feet of right.of-way along its southern
property line for the future EastlWest Livingston Road. 100 feet of right-of-way
along the northern property line for future EastlWest Livingston Road shall be
dedicated to the County. Such required rigbt-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.
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G. The Developer shall design and pay for any required road improvements to
Vanderbilt Drive that will provide access for the Project (this includes turn lanes
and other improvements such as lighting). If these improvements are made prior
to the construction of the County's Vanderbilt Drive four-lane expansion project,
the Developer shall pay the design and construction costs related to access for the
Project for the existing two-lane section of VanderbiIt Drive. Future four-lane
expansion of Vanderbilt Drive shall include the Project's access and shall be
designed and paid for by the County during the construction of Vanderbilt Drive.
If these improvements are made after the construction of the County's Vanderbilt
Drive four-lane expansion project, the Developer shall pay all design and
construction costs related to access for the Project.
H. The Developer shall meet the stonnwater attenuation and water quality
requirements for the future EastlWest Livingston Road between Vanderbilt Drive
and US 41. The Developer shall be compensated for the stonnwater management
commitments at a rate to be determined. The Project shall accept future
stonnwater commitments from EastlWest 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.
I. The Developer shall design noise mitigation/abatement systems in accordance
with the Collier County Land Development Code.
J. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins
Pass Road precedes the development of this Project's access to Vanderbilt Drive,
the Developer shall bear the full cost for the access and appropriate turn lanes.
6.8 UTILITIES
The development of this Amended PUD Master Plan shall be subject to and governed by
the following conditions:
A. Water distribution, sewage collection and transmission lines to serve the Project
are to be designed, constructed, conveyed, and/or owned and maintained in
accordance with Collier County Ordinance No. 97-17, as amended, and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
to be constructed will be customers of the County and will be billed by the County
in accordance with the County's established rates.
C. The on-site water distribution system serving tbe Project must be connected to the
District's water main and must be consistent with the main sizing requirements
specified in the County's Water Master Plan and extended throughout the Project.
During design of these facilities, the following features shall be incorporated into
the distribution system:
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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 Jines 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 proposed water system must be reviewed and approved prior to
commencement of construction.
F. A sewer distribution system shall be constructed throughout the project
development by the Developer pursuant to all current requirements of Collier
County and the State of Florida. Sewer facilities constructed within platted rights-
of-way or within utility easements as set forth in Collier County Ordinance 97-17.
shall be conveyed to the County Water/Sewer District for ownership, operation
and maintenance. All sewer facilities constructed on private property and not
required by the County to be located within utility easements shall be owned,
operated and maintained by the Developer, his assigns or successors.
G, All construction plans and technical specifications and proposed plats, if
applicable, for the proposed sewer system must be reviewed and approved prior to
commencement of construction.
6.9 ENVIRONMENTAL
The development of this Amended PUD Master Plan shall be subject to and governed by
the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by
Current Planning Environmental Staff. Removal of exotic vegetation shall not be
the sole means of mitigation for impacts to Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with
protective covenants per or similar to Section 104.06 of the Florida Statutes.
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Buffers and setbacks shall be in accordance with 3.2.g.~.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 shall be incorporated in Conservation Areas
whicb 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 shall be submitted to Planning Services Section staff for
review and approval prior to final site plan/construction plan approval. A Bald
Eagle Management Plan and a Gopher Tortoise Management Plan are required for
this site.
F. }dlY aJB8RHteRt tEl the Bald Eagle ManagelMftt Plan shaH feElltife Fe\'is".1" af the
Ea";UeftftleRt&l }..W:iS8F'Y Cel:lReil aF any Bl:Ieeesser hBSs.,
6.10 ENGINEERING
A. Detailed paving, grading, site drainage and utility plans shall be submitted to
Engineering Review Services for review. No construction permits shall be issued
unless and until approval of the proposed construction in accordance with the
submitted plans is granted by the Engineering Review Services.
B. Design and construction of all improvements shall be subject to compliance with
all applicable provisions of the Collier County Land Development Code.
C. The Developer, its successors and assigns, shall be required to satisfy the
requirements of all applicable County ordinances or codes in effect prior to or
concurrent with any subsequent development order relating to this site, including
Site Development Plans and any other application that will result in the issuance
of a final or local development order.
6.11 WATER MANAGEMENT
A. An excavation permit shall be required for the proposed lakes in accordance with
Dil"isiSR 3.3 af the LaBs De~:818J!1fBeftt Cede Collier County Code of Laws and
Ordinances and South Florida Water Management District Rules.
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6.12
IDSTORICAL AND ARCHAEOLOGICAL
Pursuant to EeelieH 2.2.:lS.8.1. ef 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
I. 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 Sil!lls
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.
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3. Proiect Sims
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:
i,
I) Project signs shall not exceed a height of twenty (20) feet above
the finished ground level of the sign site nor may tbe 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 (I) shall be
located along the Livingston Road Extension frontage, and one (I)
shall be located along the CR 888 frontage.
3) Project signs may be lighted provided all lights are shielded in a
manner wbich 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
Alllandseaping for off-street parking areas shall be in accordance with the DbiaieR 2.4
sf me Collier County Land Development Code in effect at the time of building permit
application.
6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water
management facilities or other water bodies is hereby permitted subject to applicable
sections of the Lana Ds\'eleIlIRBRt Cetle 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 Di...isiell 3.S sf the LaRa De'/elepmellt Cese Code
of Laws and Ordinances whereby off-site removal shall be limited to ten
percent (to a maximum of 20,000 cubic yards) of the total volume
excavated unless a commercial excavation permit is received.
B. All other provisions of the Code of Laws and Ordinances saia Divisisa 35
are applicable.
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Exhibit "A" to Amended Planned Unit Development Document
COCOHATCHEE BAY
PUD MASTER PLAN
~
Vanasse
Daylor
_ Urbu"niIr TnlfitEllpriRc DATE: 08-29-00
lMIdKlfH! ArUilIaurI (nirc.....w sa.a
Cil'il &lri-riIrc fL lU REV: 01-25-08
tmoI.. IrillMJ....,...,1aill.
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. Ilf.4JUUI , nf.4IUW
W'I1lI'Il'_
SCALC:
N.T.S.
PROJCCT NO.: 80447
ACAO NO. B0447-PUO_MP7
,
iL':?TI 1-";0.1//\
22, 2003
Pa';!8 107 ')f 117
EXHlBIT 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 ("US ACE"), the U.S. Fish &
Wildlife Service ("USFWS"), and the Florida Fish & Wildlife Conservation
Commission ("FFWCC").'
A. PROJECT DESCRlPTlON
The a~licant proposed to construct five high-rise condominiums (each 17 to 20
stories) , a social and fitness center, a golf driving range,3 tennis courts, guest
cottages. parking areas, and storm water management facilities on a Ill.3-acre
project site. The Rl'plieant alse willl'repsse te haild B. 3S slip heat deek faeili~.
l..R)' sHeR faeilit1' requires farther peFfllittiBg },y Callier CStlRty Me is Het
8fJl'fs-.rsa BY this Bald Eagle !fBllageIBBBt PIM. CsftstAieti98 aeti.,'ities esseeiateEl
"i.-itk the pEejeet *I.-ill impaet 1.52 aeres sf freak .UHer v:eH8Rela. Te eempes8ate
fer ilRl'aet5 t9 -.'\:et-I&8$t tAe B.fJplis8Rt Bas pfSpS88B. t8 p1:U'eB.&BS mitigaasR ereait5
from 8ft IlpJlI'8'/eEl R1itigalieR hank. To compensate for unavoidable effects to bald
eagles at nest CO-19, and now CO-19A, the applicant JlI'8J1eses to shall purchase
and preserve suitable habitat for nesting bald eagles in, or in the vicinity of,
Collier County, in southwest 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 CONDITIONS'
I, 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 I
also would be initiated in the non-nesting season (May 16 through
September 30). However, constrUction of this 2o..story building, which is
I 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
, In accordance with the Cocohatchce Bay Development Standards, buildings #1, #2, #3, and #4 are 20-
stories and building 1'5 is 17-stories.
3 Private practice area. Not open to the public.
· Biological Opinion dated February 27, 2004, Page 14, as amended on February 6 and February 27, 2007.
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Aaenda Item No, 17 A
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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 I). Site clearing for the
staging areas would occur in the same non-nesting period.
3. In the second non-nesting season, construction of the rema.mmg
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 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 I). 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 numbers 4 and 5 inside 660' of
CO-19A would only be constructed in the uplands in the non-nesting
season after these two units are completed and at the revised 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 proposed to preserve an off-site bald eagle nesting
territory as compensation for unavoidable effects to eagle nest CO-19 A.
Securing a territory may be in the form of fee simple title or a
conservation easement to be granted to an acceptable third party. The
territory must include sufficient area to accommodate alternate nest trees
in the event that the primary nest tree is lost. The permittee will use best
efforts to locate and secure a territory in Collier County, but reserves the
right to search elsewhere if an acceptable contract cannot be secured in
Collier County.
C. . ADDmONAL TERMS AND CONDmONSs
, Amended Biological Opinion dated June 30, 2004 pursuant to a request for letter of technical ..sislance
from Collier County. Page 4-5. as amended and I or re-stated in Ibe February 6 and 27, 2007 Biological
Opinion.
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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:
I. 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 2(08). 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 purcbase 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 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 applicant 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. Site selection criteria are as follows:
i) Preference will be given to selection of a parcel that presently supports
active nesting by bald eagles, but a parcel that supports suitable habitat for
attracting and supporting nesting bald eagles may also be considered
acceptable.
ii) Preference will be given, but not limited to, selection of a parcel of
suitable habitat that has been selected 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 6O-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 Opinioo dated February 27. 2004, page 15
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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 FI orida
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 lightoing proof and constructed
of non-toxic materials. Examples of this technology can be found at manufacturer
websites such as www.naturemakers.com or www.utilitycamo.com. The
applicant also proposes to install a video camera in the nest tree to provide the
residents of Cocohatcbee Bay and other interested parties with an opportunity to
monitor eagle nesting behavior, The final designs of the base, the nest tree, and
the camera will be submitted to the Service.
E. CHANGES THAT AFFECT THE ABOVE TERMS AND CONDITIONS
Any revision by the U.S. Army Corp of Engineers (USACE), 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 PUD or this
Bald Eagle Management Plan. 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.
I
II
F. PHASING PLAN
In accordance with B & C above, a phasing diagram has been jncluded for
reference. See Attachment 1.
G, REASONABLE AND PRUDENT MEASURES'
7 From Biological Opinion dated February 27. 2004. pages 13-14
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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.
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.
Aoenda Item I~o, 17 A
~ April 22, 2008
Page 112 of 117
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Agenda Item No, 17 A
."pr;1 22, 2008
Page 114 of 117
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Agenda Item No. 17.1\
April 22. 2008
Page115of117
Agenda Item No. 12A
July 24, 2007
Page 1 of 20
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners consider approving a
settlement agreement with Lodge Abbott Associates, LLC (owner of the Cocohatchee Bay
Planned Unit Development) to settle alleged claims, including an alleged Bert Ha....is Act
claim purportedly arising from denial of an amendmeut to the Cocohatchee Bay pun to
modify the Bald Eagle Management Plan, and Lodge Abbott Associates, LLC v, Collier
County, Case No. 05-962-CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida.
OBJECTIVE: Recommendation that the Board of County Commissioners consider approving
a settlement agreement with Lodge Abbott Associates, LLC ("Lodge Abbott") (owner of the
Cocohatchee Bay Planned Unit Development) to resolve alleged claims, including an alleged
Bert Harris Act claim purportedly arising from the denial of an amendment to the Cocohatchee
Bay PUD to modify the Bald Eagle Management Plan, and Lodge Abbott Associates, LLC v.
Collier County, Case No. 05-962-CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida.
CONSIDERATIONS: On or around May 1,2006, Lodge Abbott submitted a notice of claim
to Collier County purportedly pursuant to the Bert J. Harris, Jr.. Private Property Rights
Protection Act, Section 70,001, FTa, Stat. This claim allegedly arises from the Board's May 10,
2005 denial to a requested amendment of the Cocohatchee Bay PUD to modify the Bald Eagle
Management Plan, In addition, Lodge Abbott also filed a Petition for Certiorari, Case No. 05-
967-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. The
general purpose of this Petition is to attack the Board's decision and request the court to require
the Board to hold another hearing on the matter.
On December 12,2006, the Board gave direction to the County Attorney Office and staff to draft
a settlement agreement with Lodge Abbott to resolve all claims allegedly arising from the denial
of the amendment to the Cocohatchee Bay PUD on May] 0,2005, The Board further requested
that the settlement agreement be returned to the Board for final review. The Board's action on
December 12, 2006 was taken in accordance with Section 70.001 (4)(c), Fla. Stat., which
provides that governmental entities shall make a written settlement offer when conrronted with a
Bert Harris Act claim. Section 70.001 (4)(c) provides broad authority to a governmenml entity to
fa..,hion a settlement but also allows the governmental entity to offer a settlement of no change to
the original governmental action, The possibilities for scttiement may involve any of the
fo 1I0wing according to the statutory scheme:
1. An adjustment of land developme-nt or permit standards or other provisions
controliing the development or u~e of land.
"') fncreases or modifications in Ll,e cer1sit)\ intensity, or use of areas of
development.
3. Tne t.ransfer of developmental rights.
4. Lwd swaps or exchanges.
5. !\1itigation, including pay:nents in lieu of onsite mitigation.
6. Location on the least sensitive portion of thc property.
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Agenda Item No, 17 A
April 22, 2008
Page 116 of 117
Agenda Item No, 12A
July 24, 2007
Page 2 of 20
7, Conditioning the amount of development or use permitted,
8. A requirement that issues be addressed on a more comprehensive basis than a
single proposed use or development.
9. Issuance of the development order, a variance, special exception. or other
extraordinary relief.
10. Purchase of the real property, or an interest therein, hy an appropriate
governmental entity.
II. No changes to the action of the governmental entity.
In this case, the Board is in effect authorizing an amendment of the Cocohatchee Bay PUD by
settlement, which is clearly permitted under the above listed alternatives. A copy of the
proposed settlement agreement for the Board's consideration is attached to this Executive
Summary. The Board should note that a majority of the terms in the written settlement
document were essentially agreed to at the December 12, 2006 meeting. Nevertheless, it is
important to call the Board's attention to several terms and circumstances which either weren't
discussed or may be different from those presented to the Board on December 12,2006.
First, in paragraph 6. Lodge Abbott is requesting it be relieved from offering additional funds
for construction of Vanderbilt Drive improvements and bridge enhancements until the County
shows that it has spent a minimum of $5,500,000.00 on the Vanderbilt Drive bridge. This term
will be reviewed by Transportation prior to this Board meeting.
Second, in paragraph 10, there is an express reference to the minimum building separation for
high-rise buildings as set fOlth in the Coeohatchee PUD. Lodge Abbott is requcsting this term to
make clear that it may have wider buildings than originally contemplated and to avoid issues
over improper building separation or setbacks. Lodge Abbott's request is based upon its
contention that by moving its structures from the east to the west side oftlle project, it now has to
design its buildings differently, Staff review indicates that in light of the settlement agreement as
proposed, building separation would be only one-half of the distance otherwise required by code.
Nevertheless, the existing development criteria for this PUD does allow for an administrative
deviation which permits this separation, Staff recommends, therefore, that ifiliis language in the
Settlement Agreement and Release is approved, the ability to administratively rcduce
setbacks/separation fot buildings is no longer necessary and should be deleted 'rom the PUD
development standards, Finally, staff recommends that the 25 foot setback from dedicated
preserves be maintained.
Third, as the Board is aware, the eagle or eagles on the property have changed nesting sites. It is
Lodge Abhott's position that language in the modified Bald Eagle Management Plan cures any
issues due to this change, because Section E of the amended Bald Eagle Management Plan,
which is attached as Exhibit ] to the Settlement Agreement and Release, aHows for additional
revision by the U.S. Anny Corps of Engineers and the U,S. Fish and Wildlife Service and the
Florida Fish and Wildlife Conservation Commission without further amendment of the PUD and
expressly deals with the question of a new nest site within the PUD boundary.
2
Aoenda Item No. 17.A.
~ April 22, 2008
Page 1170f 117
Agenda Item No. 12A
July 24, 2007
Page 3 of 20
Fourth, paragraph 16 allows Lodge Abbott a return of all money if it is ultimately unable to
obtain required local, ,tate or federal permits for the project. At tl1e December 12, 2006 meeting,
generally only federal requirements were discussed in this regard,
FISCAL IMPACT: 111e purported Bert Harris Act claim was accompanied by an appraisal
that asserted a diminution in value of approximately $240 million due to the denial of the PUD
amcndment in May of2005, In addition, if Lodge Abbott is successful in prosecuting the claim,
it would be entitled to reasonable attorneys' fees and costs. At this time, of course, tl1e purported
Bert Harris Act Claim is disputed and any ultimate potential fiscal impact to the County is in fact
unknown. The cost of defending against the claim is currently being paid through Community
Development and Environmental Services/Fund 111, No insurance exists to cover damages
under the Bert Harris Act.
GROWTH MANAGEMENT IMPACT: The proposed Bald Eagle Management Plan may be
deemed not consistent with the County's Growth Management Plan. However, the Bert Harris
Act allows such deviation where a local government determines that the public interest in the
ordinance at issue is still protected by the terms of the settlement agreement.
RECOMMENDATION: It is recommended that the Board of County Commissioners
consider approving the attached Settlement Agrcement and Release with Lodge Abbott and
authorize the Chairman to execute the Agrcement.
PREPARED BY:
Michael W, Perrit, Chief Assistant County Attorney
06--CM.D-OD024!1275
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