Loading...
Agenda 03/25/2008 Item #16K 5 ,fl,genda Item No, 16K5 March 25, 2008 Page1of116 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 Aet claim purportedly arising from denial of an amendment to the Coeohatehee Bay PUD to modify the Bald Eagle Management Plan, and Lodge Abbott Associates, LLC 1'. Collier COUllty, Case No. 05-962-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 1', Collier County, Case No, 05-962-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), CONSIDERA TIONS: On or around May I, 2006, Lodge Abbott submitted a notice of claim to Collier County purpOliedly pursuant to the Bert l Harris, Jr., Private Property Rights Protection Act, Section 70,001, Fla, Stat. This claim alleged]y arises from the Board's May 10, 2005 denial to a requested amendment of the Cocohatchee Bay PUD to modify the Ba]d Eagle Management Plan, In addition, Lodge Abbott also filed a Petition for Certiorari, Case No, 05- 967-CA, now pending in the Twentieth Judicia] Circuit in and for Collier County, Florida, The general purpose of this Petition is to attack the Board's decision aJld 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 anlendment to the Cocohatchee Bay PUD on May 10, 2005, The Board further requested that the settlement agreement be retumed to the Board for final review. The Board's action on December 12, 2006 was taken in aecordanee with Section 70,001(4)(c), Fla, Stat., which provides that govcll1mental 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 govell1mental 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 tile statutory scheme: I, An adjustment of land devc10pment or permit standards or other provisions controlling the development or use of land. 2, Increases or modifications in the density, intensity, or use of areas of development 3, The transfer of developmental rights, 4, Land swaps or exchanges, 1 !...genda Item r'~o. '! i3,<5 March 25, 2008 Page 2 of 116 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 pennitted, 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 vanance, special exception, or other extraordinary relief 10, Purchase of the real property, or an interest therein, by an appropriate govell1mental entity, 11. No changes to the action of the governmental entity, In this case, the Board is authorizing an an1endment of the Cocohatchee Bay PUD by settlement, which is clearly permitted under the above listed altell1atives, A copy of the proposed Settlement Agreement and Release, amended PUD Document with amended Ba]d 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 identificd on pages 2 and 3 of the 7/24/07 Executive Summary), the Board directed that the Collier County Planning Commission (CCPC) review the Settlement Agreement and Relcase and detennine consistency of the Settlemcnt Agreement with the PUD and the LDC Tbe CCPC reviewed the Agreement over the course of three meetings, These mectings were held on December 13, 2007, January 11, 2008, and February 25, 2008, As a result, the documents for the Board to revicw now include a revised Settlemcnt Agrcement and Re1easc; an amended PUD Document with the development standards that were fonnerly in the Settlement Agreement together with any amendments to those standards; and a revised Ba]d 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 Exeeutive Summary, FISCAL IMPACT: The purported Bert Harris Act claim was accompanied by an appraisal that asselicd a diminution in value of approximately $240 million due to the denial of the PUD amendment in May of 2005, In addition, if Lodge Abbott is successful in prosecuting the e]aim, it would be entitled to reasonable attoll1eys' fees and costs, At this time, of course, the purported BCli Han'is Act Claim is disputed and any ultimate potential tiscal impact to the County is in fact unknown, The cost of defending against the claim is currently being paid through Community Development and Environmental Serviees/Fund 111, No insurance exists to cover damages under the Bert Harris Act GROWTH MANAGEMENT IMPACT: Tbe Bert Harris Act allows deviations with the County's Growth Managcment Plan where a local government dete1l11ines that the public interest in the ordinance at issue is protected by the tCl1ns of the settlement agreement 2 l\genda Item No. 16K5 March 25, 2008 Page 3 of 11 i3 RECOMMENDATION: It is recommcnded 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, Accordingly, the Chairman should be authorized to cxecute that Settlemcnt Agreement and Release, PREPARED BY: This Exccutive Summary is substantially similar to the July 24, 2007 Executive Summary, prepared by Michael Pettit, then Chief Assistant County Attorney, and has been updated by Jeffrey A Klatzkow, Chief Assistant County Attoll1ey 06-CMD-O{)()24/1275 3 Page I of I Agenda item No, 16K5 March 25, 2008 Page 4 of 116 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K5 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. OS-962-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: 3/25/200890000 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 Deve~opment & Environmental Services Admin. 3/13/20088:23 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 3/14/2008 12:41 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 3/15/20082:30 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3117/20081:19 PM fi]e://C:\AgendaTest\ExDort\ I 03-March%2025.%202008\ 16,%20CONSENT%20AGENDA \,,' 3/] 9/2008 Agenda Item r,Jo, 16K5 March 25, 2008 Page 5 of 116 cepc SUl\l'\IARY OF COCOHATCHEE BERT HARRiS REVIEW Date: 2-25-08 Background: Over a period of 3 months and 3 separate meetings, the Collier County Planning Commission (CCPe) publicly reviewed a Settlement Agreement remanded to the CCPC by the Board of County Commissioners (BCe), 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 thc Agreemcnt was rcviewcd and discusscd, 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, Certain sections of the Agreement required more intense discussion and tbus 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 conccrn are as follows: I, In order to assure tbat future staff members as wcll as thc public will be able to accuratcly track the actual development standards that this project will have as a result of the Scttlement Agreement, it is rccommended that the tenns of tbe Settlement Agreement be incorporated into a strikethrough version of the PUD and recorded as an amendment to tbc PUD ordinance, Thc following is a summary of the various document and ex.hibits: a, Amended PUD (2/13/08 revision) b, Amended site plan as Ex.hibit "A" to the Amended PUD (Rev 01-25-08) c, Amended Bald Eagle Management Plan as Ex.hibit "B" to Amended PUD (with footnote #4 updated 2-27-(7) d, Scttlcment Agrccmcnt as Exhibit "c" to Amcnded peD (2-08-08 revision) I, Original PUD as Exhibit I to Settlement Agreement (Ordinance 2000-88) 11, Amended PUD as Exhibit 2 to Settlement Agreement (2/13/08 revision) (which includcs the Amended Bald Eagle Management Plan as Exhibit B (with footnote #4 updated 2-27-07)) Ill, Phasing plan of Go]f Course as Exhibit 3 to Settlement Agreement (rev 7- ]8-07) IV, Pathways plan as Exhibit 4 to Settlement Agreement (Date: 12-10-07) 2, Tbe on-site bald eagle relocated to a new ncst north of the old location, tbe Settlement Agreement incorporates a new management plan reflecting the new location and re- establishes the phasing of the project consistent witb the new nest site, Agenda Item No, 16K5 March 25, 2008 Page 6 of 116 3, All references that dealt with docks or alluded to docks arc recommended to be struck from the Settlement Agreement Since tbe SDP's, onee they reach a tcntative state of approval subject to the terms of the Settlement Agreement, are incorporated as approved as part of this Agreement, it is recommended that the SDP's likewise remove all references to docks or dock permitting, 4, The terminology for retaining "passive recreation" on the golf course site, should the golf course operations cease, were defined and added to the Settlement Agreement. These uses wcre listed in the language in the Preserve section of the PUD and referenced in the Golf Course section, 5, The manner in whieb beight was measured and defined originally in the Settlement Agreement was inconsistcnt with the PUD, Tbis was eOlTccted and the beight references in the Settlement Agreement now coincidc witb tbe PUD, This project is utilizing two stories of primarily under building parking and the first babitable floor, as tbe 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 huildings from one another. The Settlement Agreement relied upon a footnote in tbc PUD referencing reduced setbacks hased on common architectural theme. There was concern hy some members of the CCPC tint this reliance in the footnote was not adequately disclosed in the original PUD approval. The development standards table in the original PUD requires a separation of (me-half the slim of the building heights with a footno!c to that table wbich states: *3 \Vhere huildings willI a common architectural theme are angled, skclvcd or ofj:,et ji-O/71 olle allother and Willis are Ilot parallel to olle another; the setbacks call be adl1lillistrati,'ely reduccd, Without sllcb a footnote, the building separation would have been as stated in the development standards table of tbe PUD, which is one-ball' of the total of the height of each building (200 feet plus 200 feet), or in the case of the first four buildings, a separation of 200 feel, 'With this footnote, the tower separations, for tbe 4 southern most towers, are at a minimum 100 feet lip to 153 feet Due to the footnote above, tbe distance hetween (be tower portions of the buildings was noted in the Settlement Agreement to be referenced at not less than lOa feel, However, as a result of the language in the PUD,tbe CCPC recommended that reference to huilding separation he removed from the Settlement Agreement and tbe applicants rely upon the interpretation of the PUD with the understanding that the separations would not be less than those shown on the SDP's reviewed by the cepe As an alternative to tbe reduction in this separation, greater distances could be provided by moving alternating towers closer to Vanderbilt Drive, /-.\,;;eilca item ~~o. 16K5 [,~arch 25, 2008 Pa'J'" 7 of 116 7, One paragraph in the Settlemcnt Agreemcnt 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. , Agenda Ilem No. 16K5 March 25. 2008 Red text - 12113107; Blue text- 111 f/08; Green text - JAK chllnges liS per cepc dirtR;AiJHiJ of 116 Purple text - 2/25/08 ( SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreemenl and Release ("Agreement and Release") is made and entered inlo 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 Circuit 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 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 ("lkn Harris Act"), Section 70.001 et seq., Fla. Stat.; and WHEREAS, in accordance with Section 70.001(4)(c) of the Ben Harris Act, the County met at a regularly scheduled meeting on December 12, 2006 and authorized the making of a written settlement offer to resolve any and all claims Lodge had against the County; and WHEREAS, !he'"e\1-J':!t]+ei~er anJ this Agreement and Release protects the public interest served by the reeulations at issue. (c"€tIllly'.; ra~ve!"pmettl-{:'oJe1"Ll)G" t ant! GR+'o:~aHagenlCl1t Ptd-B-f'(~ '.! ~~:.d-fH1:tttg-8+fiff-+h.j"r.;::_ pr~J" i .!~ftg:--t{--H~fh1-i-R--'=.l.il\' i:,~; ;:1112nt* enhaRccments 10 pl"Ott'{,+bald 0:tgle5--efl-h~PlJD properly. 2/28/08 revision Agenda Ilem No. 16K5 March 25, 2008 Red text -121/3/07; Blue text- 1/11108; Green text - JAK chllllges liS per CCPC dirllfllJt:lf.J of 116 Purple text - 2125108 NOW, THEREFORE, in consideration of the mutual covenanls set forth in lhis Agreement and Release, the sufficiency of which is acknowledged, and with lhe intent 10 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 reference into this Agreement and Release. 2. The settlement documents will consist of the original PUD Ord. No. 2000-88 (Exhibit I). the amcnded PUD (Exhibit 2). the revised Bald Eagle Management Plan for that the amended PUD (attached as Exhihit "B" to the amcnded PUD). a cop)' ofv,hica is at:ached to tffis .^.greefl'lCRt aHa Release as Exhihit I, a phasiEKdiagram entitled "Cocohatchee Bav Golf CouJs~ Exhit>iJ.(Exhibit 31. and a Pathway DepictiQTlI Exhibit 41. This Agreement and Release wfl.iffi expressly states the acceptable deviations in development standards from the original PUD. Absent an express term in this A!,'Teement and Release, the original PUD will control. 3. The settlement shall be contingent upon three site development plans ("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. In acccdal1ce ,....ith para;::ml"h : 7 of1hi.~ .'\::wc:ncnt.ad nc!case.twwe"er,- t!:e.JJ:tl1ics also nree that ,:1 r, iectiofl of any of the SDP; :;nceilically rclatine"+l1 any Ilay In dQcls.'t:5haJi-llHt f.11l '.\"ithiR the {;-emifl~ ;tute~.;fl this par:t~raph2lidslulljJ1 no '.',"ay ~lt,r-i~l1din~ Int~lr2 0; w.i:; :'~me;1t and .R~l~asc. These three SDPs are identified as AR5282, AR5283 and AR5284. 4. The County will expedite the review of tfte these .tJlre,; SDPs and all future building permit applications submitted by Lodge ill-any :;ub:;equent fHKl1ac;ar:: of the property. The existing environmental impact statement ("EIS") does not need to be amended unless the SDPs are revjsed to increase sHs,tantially arncBdea. IB this instance, a sUBstaRtial arneRdfflcnt!Q ., 2/28/08 revision ( Agenda Ilem No. 16K5 March 25, 2008 Red text-I2I13/07; Blue text- 1111108; Green text- JAK chllnge.s liS per CCPC dif'.!l9f1,}P of 116 Purple text - 2/25108 the US silall AlefIB fIB)' iBcrease iA wetland impact beyond the impact currentlv permitted by the South Florida Water Management District and the U.S. Army Corps of Engineers by more than five (5%) percent. 5. Lodge agrees to contribute $3 million to the County for affordable workforce housing. Payment shall be made at the rate of $600,000 for each of five (5) residential condominium buildings to be built by Lodge at the time each building permit is issued. This payment shall be a credit against any affordable workforce housing fee adopted by the County. If no fee is adopted or if the fee is less than the payment set forth, the County shall retain the excess payment. 6. Within fifteen (15) days of the Effective Date al'f1FA'.al el;eelltioA of this Settlement A~reement. the approval of lh. latTer.of the three ~'DPs. Lodge shall contribute the sum of $3 million to the County to fund Vanderbilt Drive corridor improvements and bridge enhancements. No impact fec credits shall be given for payment of this stun. Lodge recognizes 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 the County provides evidence that all parties have spent $5,500,000.00 on the Vanderbilt Drive Bridge enhancements. Any such Stuns 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 transportation impact fees upon approval of the SDPs. Ih,seJ:llnds..shall he r~fl!!"Lged to_ Lodge sb.myfLLodcc .be m:rmanelltly prevented frOD1-J'Di.nmcncing col1s1rUCT;on hase<i..llPO;] actions bv anv ~oVernt11cntal cl1litv or Jlnltllird partv. j.S'LTllty' shalli, cntitled to retain thl,~se fund,,, Wilh()1Jl ::JIlY. need for re.Lmbur~e.ln5;,nL_.J_~D_Ql.L"th(' earlier of (1) L.odQc's 2/28/08 revision 3 Agenda Ilem No. 16K5 March 25, 2008 Red text - 12113/07; Blue text-ll1J108; Greell text- JAK chllllges liS per cel'c difi!efNb},1 of 116 Purple text - 2/25/()8 commencemcnt of construction of the lirst tower. or (2) the cxhaustion of time 10 Jile any third party challcnuc with resoect to any matter concerned bv this Agreement and the attachmellts hereto. 7. Lodge and the County agree that the Cocohatchee Bay PUD shall be exempted from the County's PUD sunsetting provisions within the LDC until the Bfll3re\'al exeetltioR Effective Date of this Sellkment Ai.!reemellt the last lattJr of the tHree SDP-s is are appf0':~4. At that point, the five year sunsetting provisions fleW iR ~ffeet in the LDC (.:ce LDC SeetioR ] g.O~.] ~ D l.a) shall govern. Lodge still shall be obligated to provide annual PUD monitoring reports. 8. As each residential condominium building receIves the. fiIst a certificate of occupancy or [Cll1DOrary c"rtiticate of OCcul1ancv, Lodge shall record restrictive covenants on one-fifth (1/5) of whal is known as the GC Parcel. anG wh"n ,dl riv," covenants ar" recorded. thev "hi:h a;~:,,::h: :11:jrc.pro.;e~t is ;!e':e:cpcd will restrict the use of the entire GC Parcel to two (2) residential units and the uses described in the PUD for the golf course development area. The phasing diagram of this requirement is attached as Exhibit}. These restrictive covenants shall each provide lhat 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 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 allowed in Paragraph 5.3 of the amendcd PUD Ore!. ~.;(). ~O()O 88 for :he Preserve Parcel. '\!lY_revisions t()_ll:!,se reslriclive coyenants will rcquire a sUllerm.Jlioritv vote oLtb, !3.Qjl!d of Count v Commiss.iQne~. 9. To fully satisfy its obligations to construct "'~,,""rl-.'.fffi!w.-a-\", siJe\\a1ks along adjacent off-site public roads, Lodge shall construct a pathway ten (10) feet in width on the 4 2/28/08 revision ( Agenda Ilem No. 16K5 March 25, 2008 Red text - 12113/07; Blue text- 1/11108; Green text - JAK chonges os per CCPC difiJi~N2 of 116 Purple te.xt - 2125108 western side of VanderbiJt Drive (consistent with the Comprehensive Pathways Plan adopted by the County in 2006) in lieu of building a sidewalll patlnvav sidewalk on Wiggins Pass Road and a siJewallf I'lathway sidewal k on the east side of Vanderbilt Drive. The siEle":all, pathway is depicted in Exhibit 1. This construction of the palhway shall be accomplished by Lodge with Lodge's funds and sfilill eemmence \ipen the issmmee of tfie Building permit fer the f"mt resiaeHtial eondominiam Btlilein(; within the Ceeohatohee Bay PUD Projeet shall be completed upon the is~uance of the Jirst ccniiicate of OCCUl1aTICV or temporary certificate of occuoanCy for the first residential condominium building within the Cocohl!.~hee Bav PUD Project. 10. Building Five as shown on the revised Bald Eagle Management Plan attached ~ Exhibit B to the amended PUD this ^.greameat ana Release shall be increased from fifteen (15) stories to seventeen (17) stories, but shallnol exceed 175 feet in Building HheightLa5 defined in ( Par3i!r:lPh 3.5 cmitleQ.:'A:";:1cnded Cocohatchce Bay Community Develoomerlt Standards" of the amended PUD. and Footnote 2 Ie T"b;e ] of thereto. Paragra]ll~ 3.5 eRtitled "Coeohatehee Bay Comrr'1lol!1iry D~v.:lopr:1cnt ~'tandilrd~fthe Pl'D ~;hall hcrcbj' be deemee re':iseEl iR aCOi.'lrElaRee ~ [hi:, rn"i.;i(#h;-j~+flj.,;..A!,;r:~H'l"Ht-"H"J-!{~",,-+he mifljl1illtlt-I""thjin~ :;ernra[iOl1 L.>r 1 lid-! Rise bwlElifti:s as sel rem in Table 1 Bhall be revises te allow the minimtlfH BllilElinl! sallaratieR sf I'larkinl! struet1ifes to !.>e SRe half Bf the slim sf tR~ h,ieht af the ll8.f"kifl~ structures. +ll<!- millim\im seBEtt'atisn for the luolJilaale BClrtion ef tile bllilElings silall be eRe half of the SIiIH ef the heh:ht sf the hahitahle l'lerliBR of the !mildiaJl:s Rat ta eJ(6eeS eRe RIIAared feet of sellaratic)fl fer the habitable l'lartioR aEthe btlilcliags. TRe miaimum building sCl'l/lflltien fer High Rise bliilEliRJl:3 CiS :~t €I'M if! Table I shall Re revi:;ea Ie aile'.\' the minimllfR lllolil8iR~ seBlil'8tic1A ef flarbng 8truetllfes._ te !.>e a~ Ralf Bf the sam ef me heii:Rt sf the Barkin!;; struetllfes. The minimlil1l 'ei1[jrali{l-!'l-htr-t.J1~lf;hlt'-i"'..".~t=.the-hilik!~all he one h:M of Ihe ,',un .)f lh~ hzi..:ht of 2/28/08 revision 5 Agenda Item No. 16K5 March 25, 2008 Red text - 12113/07; Blue text- 1111108; Green text - JAK chllnges liS per CCPC dift.~h3 of 116 Purple text - 2125108 tile MIlita-!lle jlsflisR of the Bliilames Rot to e1<ceea ORe hliRarea reet ef seaamtioR fer the liallila-!lle !loftieR of the blolilaiRl?s. 11. The maximum number of dwelling units to be constructed by Lodge shall not exceed 590 units. Of these, a maximum of 590 units mav sltatt be multi-family and constructed on the R Parcel. However, two (2) units of the 590 may be single family units to be built on the GC Parcel. The development standards for the single-family dwelling units on the GC Parcel shall be as set forth in Section 4.4 in the amended PUD. attached hereto as Exhibit 2. fullewsi minill'HlIH lot Brea -4;000 ';qlolare feet: l1'liRin'l'.ItR lot v,'iElth S;':l) (60) feet; front ,ard setback tr<lffi internal road t\\eRt,' (20) [",at: froRt yard~e5S(lr)' buildiRg.il1€lw,lin1; flarkil'l%5Ir-H€!ure- twenty (20) feet; :;ide yard 5e"ell poiRt the (7.5) feet; rear.yard tv.orlt)' (29) feet; rear yare! for the aece;i:;GfJ building tZR (I OJ feet: R1m;imllffl ht!ildffig-he!~eighteeR (I S) feet: :ninffi'Hffil !k1or ar~a ! 20(}..-5fjuare feel; each :.inglcllimil, ,h~::ing-l.lHi;aH<truztllr2:; i :::cn'[ Ron f!:l':Ji:uf:,l; ;,;ate bJll;;e,;) ::hull be :et bRc!;.a H1il~imum (11' 200 L:t ~rom :he n(J~th 'l11d :a.;t boundaries ilf the PL'D Project. BHiljing heighl;ball be as detiRea if] Table I of ParasffiJlh ".5 of tRe Pl!D. 12. What has been referred to as the R-I and R-2 Parcels shall be replaced by a single R parcel as set forth in the revised PUD Master Plan, attached to the amcni.lcd PliD lfiP.; .^.:;reetHent and R~lease ilS [l;hibit 3. The development standards for lhe R Parcel are as set forth in the higH rise IllUlti family d'l.elliRgs portiGR of Table +11 of Paragraph 3.5 of the amended PliD (lId. No. 20()()-gg (except as may be expressly modified by the Agreement and Release). 13. If there are additional changes to the Bald Eagle Management Plan required by federal or state agencies, no further County PUD amendment process shall be required. The County acknowledges that the Amended Bald Eagle Management Plan is in compliance with the County regulations. Lodge shall be exempt from any County regulations that may be adopted in 6 2/28/08 revision ~ Agenda Ilem No. 16K5 March 25, 2008 Red text-121131(J7; Blue text-l/ll/08; Green text - .IAK changes as per CCPC di~1r4 of 116 Purple text - 2125108 the future applicable to the Bald Eagle and the County shall defer to the state and federal regulatory permitting process relating to the Bald Eagle Management Plan and issues related thereto. Lodge, however, shall be required to notify the County of any such changes required by state or federal agencies, which will then require an administrative change by the County to any of the previously approved SDPs under review or that have been approved by the County. Any change to the construction sequencing shall be considered an insubstantial change to the SDP. ~ The Cocohatchee Bay PUD is hercbv amended as sel forth in Exhibit 2. -1+.15. Lodge shall and hereby does without limitation release, waive and forever discharge the County, its present and former elected or appointed officials and employees, eJ<- elceted officials aRd.",x e:nplt'y"~:), insurers, sureties, agents, attorneys, and representatives of any and all claims, causes of action, costs, expenses, attorneys' fees, or charges of any kind that Lodge has or may have that arise from. or reference. relate or refer in any way, whether directly or indirectly, to the Cocohatchee Bay Project, pun 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 asserted in Case No. 05-967-CA. This release shall be immediately effective upon the County's approval of the 3 SDPs in accordance wilh the terms and conditions set forth in paragraph 3 of this Agreement and Release. ] 5. The State of Florida 11:\;; ",aimed gWRcd,il'l of ecrtaiR ~+.9;l acre; oC'i,-ljolm€r~ Ifll'lGS included in :11: PCl). Ld2C di~p'.:tcs :he-S!at~'> Q'.'}lcr:hip of :he:'~ cuhnlcr:ed Lind.;. How~wr. the submerC"cd laRas are Re! Rece:;sary for t~ P['.l:i~,.t ._aEJlrOvcg._lJ.:{_1.~~ Therefore. LOJ::c (,,::r~1flt:11; PCl) .:haI+b~ :'<?'.'.;e:! as fu!]Q~ 2/28/08 revision 7 Agenda Ilem No. 16K5 March 25, 2008 Red text -12/13/07; Blue text- 1111/08; Green text - JAK cltang('s liS per CCPC di~),,5 of 116 Purple text - 2125108 ii. --Proi eet d;JRsilY is tnerellsed from I.] I dwelliR':: "!flit.. .11er aere ta 1.1 (j gwelliRg units per aere, B. Proiect ael'eat'e isrealolcea from 532.09 acres to 10.1. 79 acre:;. e. PrGiect apeR space as :;et f-oITil iR :r-uble I of tile PCD.i!T realJ,gggJtc:>.!!! 3 OViD acres t8 ) 73.5 aeres. 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 become parties to any such challenge proceeding if one or the other of them is not named as a party in the first instance. The County and Lodge shall each bear their own costs and attorney's fees in any such proceeding. 17. If any third party challenge to this Agreement and Release should ever be successful, after exhaustion of all appeals or other requests for review or reconsideration or federal permit conditions prevent Lodge from being able to develop the project consistent with the revised amended PUD Master Plan then lhe County agrees to return all money provided by Lodge under this Agreement and Release upon sixty (60) days "'Titten notice from Lodge and to allow Lodge to retain the Bald Eagle Management Plan as permitted by this Agreement and Release 10 the extent allowed by law. In addition, if Lodge is ultimately unable to obtain required federal permits for the SDPs as itl€-EH'J"9fa!eJ referenced in this d0cument and-.i;; Ihcrct\)re unable 10 build j)jis pr\~e"c1 (exclusive of any federal permits or approvals for docks), Lodge likewise will be entitled to a refund of all money provided under this Agreement and Release within sixty (60) days of written notice from Lodge and Lodge shall retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. 2/28/08 revision 8 ----- Agenda Ilem No. 16K5 March 25, 2008 Red text - 12/13/07; Blue te.xt- 1111108; Green text- JA.K changes a.I' per CCPC di~lt6 of 116 Purple text - 2125/08 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. Any applicatioR for dueLs B) Ludge or its -sHffessors or assiSRS sRall be fully c;tibjeet to all federal, ::tate and CmlRt)" J3ennit~ing r'~tiirement5 and r~...i~"?s. 19. The Agreement and Release shall be binding upon Lodge's and the County's predecessors, successors, assigns, officers, prcsent and j,)mler employees, ol'mers, prcscnt and former elected or appoinlcd officials, ~)( electcd off1cials, e:; cfllpIH:,ees, 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. 21. 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 and Release. This Agreement 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 muttJal negotiation and no doubtful or ambiguous provision that my exist in lhis Agreement and Release is to be construed against any party either based upon a claim that the party drafted the ambiguous language or that the language in question was intended to favor one party or the other. 23. The [effective Deate of this Agreement and Release shall be the date upon which the Chairman of the Board of County Commissioners of Collier County, Florida, appro':es 2nd iffil+mr~/~.: th~ CkairmaiMB execute~ this document. 24. The County and Lodge acknowledge and assume the risk that additional, difterent \ or contrary facts to the facts which lhey believe exist may now exist or may be discovered after 9 2/28/08 revision ....--L Agenda Ilem No. 16K5 March 25, 2008 Red text-12//3107; Blue text- 1111108; Greell text - .JAK changes 11.\ per CCPC diJF?:fj~fl7 of 116 Purple text - 2/25/08 this Agreement and Release has been entered into, and they agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. The County affirmatively states that it is not aware of any facts that would prohibit the construction of the project as authorized by the PUD and this Agreement and Release or the 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 authorized by the PUD 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, lhe Counly and Lodge shall rcquest that the Court in Case No. 05-967-CA approve this Agreement and Release as part of a stipulated judgment and retain jurisdiction to enforce this Agreement and Release's terms and award any other ancillary relief for the breach should such be necessary. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Chairman , Deputy Clerk 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 10 2/28/08 revision Agenda Item No, 16K5 March 25, 2008 Page 18 of 116 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 Circuit in and for Collier County, Florida to attack the County's deeisions concerning the proposed amendment to the PUD's Bald Eagle Management Plan, that case being styled Lodge Abbott Associates, LLC v, Collier COUllty, Case No, 05-967-CA; and WHEREAS, on or around May 1, 2006, Lodge submitted a notice of claim to the County purportcdly, among other things, pursuant to the Bert J, Harris, Jr., Private Property Rights Protection Act ("Bert Harris Act"), Section 70,00 I et seq" Fla, Stat; and WHEREAS, in accordance with Section 70,001(4)(c) of the Bert Harris Act, the County met at a regularly scheduled meeting on December 12, 2006 and authorized the making of a written settlement offer to resolve any and all claims Lodge had against the County; and WHEREAS, this Agreement and Release protects the public interest served by the regulations at issue. 2/28/08 revision l',g0nda Item ~0o. 16K5 March 25, 2008 Page '9 of 116 NOW, THEREFORE, in consideration of the mutual covenants set fortb in tbis Agreemcnt and Releasc, the sufficiency of which is acknowledged, and with thc intent to be legally bound, Lodge and tbe County mutually agree to tbe following: ], The County and Lodgc agrec to adopt and incorporate the foregoing recitals, wmctimes referred to as "\Vhereas clauses" by reference into this Agreement and Rclease, 2, The settlemcnt 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 tbc amended PUD (attached as Exhibit "B" to the amended PUDlo a phasing diagram entitled "Cocohatchee Bay Golf Course Exhibit" (Exbibit 3), and a Pathway Depiction (Exhibit 4), Tbis Agreement and Release expressly states tbe acceptable deviations in development standards from the original PUD, Absent an express term in this Agreement and Release, tbe original PUD will controL 3, The settlement sball be contingent upon three site development plans ("SDPs") that Lodgc bas submitted bell1g approved by the County, in accordance witb tbe rules and regulations of the County as well as the development standards set forth in tbc original PUD and as may be varied by [be express terms of this Agreement ,md Release, These three SDPs arc identified as AR5282, AR5283 and AR5284, ,;, The County wiil expediTe tbe rcview of these three SDPs and all future building permit applications submitted by Lodge, The existing environmental impact statcment ("EIS") does not need to be amcnded unless thc SDPs are revised to increase wetland impact beyond the impact currently permitted by tbe South Florida Water Management District and the U.S. Army Corps of Engineers hy more than five (59fl) percent. 5, Lodge agrees to contnbule $3 million 10 tbe County for affordable wurkforce hOllsing. PaYlncnt shall ne made at Ihl:> r;lte of S600.000 for each of five (5) residential :2 2/2S/OH revision Agenda Item No, 16K5 Mareh 25, 2008 Page 20 of 116 condominium buildings to be built by Lodge at the time each huilding permit is issued, This payment shall be a credit against any affordable workforce bousing fee adopted by the County, If no fee is adopted or if the fee is less than the payment set forth, the County shall retain the cxcess payment 6, Within fifteen (15) days of the Effcctive Date of this Settlement Agreement, Lodge shall contribute the sum of $3 million to the County to fund Vanderbilt Drive corridor improvements and bridge enhancements, No impact fee credits shall be given for payment of this sum, Lodge recognizes that the County may request additional contributions up to the proposed road impact fees due for 590 dwelling units to assist tbe County in funding the construction of the Vanderbilt Drive Bridge enhancements, No such additional contributions sbal1 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 tbe initial $3 million shall rceeive road impact fec credits, Nothing in this Agrcement 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 aJl transportation impact fees upon approval of the SDPs, These funds shall be refunded to Lodge should Lodgc be permanently prevented from commencing construction based upon actions by any governmental entity or any third party, County shall be entitlcd to retain these funds without any need for reimbursement upon the earlier of (I) Lodge's commencement of construction of the first towcr, or (2) the exhaustion of time to file any third party challenge with respect to any matter concerned by this Agreement and tbc attachments hereto, 7, Lodge and tbe County agrce that the Cocobatchee Bay PUD shall be exempted from the County's PUD sunsctting provisions within thc LDC until the Effective 3 2I2Sj()S rGvisiol1 .:!.,Je:i,ja item No. 16f<5 ... fi/1arch 25. 2003 Page 21 of 1 i6 Date of this Settlement Agreement. At that point. the five ycar sunsetting provisions in the LDC sball govern, Lodge still sball be obligated to provide annual PUD monitoring reports, 8, As each residential condominium building receives tbe first eertlfieate of occupancy or temporary certificate of occupancy, Lodge sball record restrictive covenants on one-fifth (1/5) of wbat is known as tbe GC Parcel, and when all five covenants are recordcd, tbcy will restrict tbe use of thc entire GC Parcel to two (2) residential units and the uses described in tbe PUD for the golf course development area, The phasing diagram of this requirement is attached as Exhibit 3, Tbese restrictive covenants shall each provide that if the golf course dcvcloPlnent area or golf course use is ever discontinued or abandoned for any reason, tben all of the GC Parcel ineluding witbout limitation the entire golf course development area, except for tbose portions allowed for the Iwo (2) residential units, shall remain forever as green open space and be limited in perpetuity to (be uses expressly allowed in Paragraph 5,3 of the amendcd PUD Preserve Parcel. Any revisions [0 these restrictive covcnants will reYllire a sllpennajority vote of the Board of County Commissioners, 9, To fully satIsfy its obligations to construct sidewalks along adjacent off-site public roads, Lodge shall construct a pathway ten (10) feet in width on the western sidc of Vandcrbi1t Drive (consistent with the Comprehensive Pathways Plan adopted by the County in 2006) in lieu of building a sidewalk on Wiggins Pass Road and a sidewalk on (be cast side of Vanderbilt Drive, The pathway is depicted in Exhibit 4, This construction of the pathway shall be accomplished by Lodge with Lodge's funds and shall be completed upon the issuance of tbe first certificate of occupancy or temporary certificate of occupancy for the first residential condominium building within the Cocohatchee Bay PUD Project. 10, Building Five as shown on the revised Bald Eagle Management Plan attached as Exhibit B to the amended PLJ[) shall be incre:l<..:ed from fifteen (15) stories to seventeen -1 2/'2S/0H lC\jSj(1!1 . Agenda Item No, 16K5 March 25. 2008 Page 22 of 116 (17) stories, but sball not exceed 175 feet in Building Height, as defined in Paragraph 35 cntitled "Amcnded Cocohatchee Bay Community Deve]opment Standards" of the amendcd PUD, and Footnote 2 thereto, 11, The maximum numhcr of dwelling units to be constructed by Lodge shall not exceed 590 units, Of these, a maximum of 590 units may bc multi-family and constructed on the R ParccL However, two (2) units of the 590 may be single family units to be built on tbe GC Parcel. The deve10pmcnt standards for the single-family dwelling units on the GC Parcel shall be as set forth in Section 4.4 in the amended PUD, attacbed hcreto as Exhibit 2, 12, What has bcen referred to as the R-l 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, Thc dcve10pment standards for the R Parcel are as sct forth in Table 11 of Paragraph 3,5 of thc amcnded PUD (except as may be expressly modificd by thc Agreement and Release), 13, If tbere arc additional cbangcs to the Bald Eagle Managcment Plan requircd by federal or state agencies, no further County PUO amendmcnt process shall be required, The County acknowledges that tbe Amcnded Bald Eagle Management Plan is in compliance witb thc County regulations, Lodge shall be exempt from any County regulations that may be adopted in the future applicable to the Bald Eagle and the County shall defcr to the state and federal regulatory permitting process relating to the Bald Eagle Management Plan and issucs related thereto, Lodge, however, shall be rcquired to notify the County of any such changes required by state or federal agcncies, which will then require an administrative cbange by the County to any of the previously approvcd SDPs under revicw or tbat have been approved by thc County, Any change to the construction sequencing shall be considcred an insubstantial cbange to the SOP, 14, The Cocobatchec Bay PUD is hcreby amended as set fortb in Exhibit 2, 5 2!2X!08 revisiun /\cenda lt2:n [\)0. ~i 6h5 -J r"1arch 25. 2008 Page 23 of 116 15, Lodgc shall and hercby does without limitation release, waive and forever discharge tbe County, its present and former elected or appointed officials and employees, insurers, sureties, agents, attorneys, and representatives of any and all claims, causes of action, costs, expenses, attorneys' fees, or charges of any kind tbat Lodge bas or may have tbat arise from, or reference, relate or refer in any way, wbether directly or indirectly, to tbe Cocohatchee Bay Project, PUD Ord, No, 2000-88, tbc related Bald Eagle Management Plan or any amendment or proposed amendment to the PUO Ord, No, 2000-88 or the Bald Eagle Management Plan tbrougb tbe date this Agreement and Release are approved and autborized by the Board for the Chairman's signature including without limitation all Bert Harris Act claims and the claim asserted in Case No, 05-967-CA, This releasc shall be immediately cffeetive upon tbe County's approval of the 3 SOPs in aecordance with the terms and conditions set forth in paragrapb 3 of tbis Agreement and Release, 16, In the cvcnt of a third party cballenge to this Agreement and Release, the County and Louge agree to work cooperatively to uefend this Agreement and Rclease, 1n this rcgard, the County anu Lodge shaJJ each seck to become parties to any such challenge proceeding if one or the other of them is not named as a party in tbe first instance, The County anu Lodge shall each bear their own costs anu attorney's fees in any sucb proceeding, 17, If any third party challenge to this Agreement and Release sbould ever he successful, after exhaustion of all appeals or other requests for review or reconsideration or federal permit conditions prevcnt Lodgc from bcing able to develop the projeet consistent with the amcnded PUO Master Plan then tbe County agrccs to return all money provided by Lodge under this Agreement and Release upon sixty (60) days writtcn notice from Lodge and to allow Lodge to retain the Bald Eagle Managemcnt Plan as permitted by (bis Agreement and Release to (be extent allowed by law, In addition, if Lodge is ultimately unable to ohtain (, 2/2X/OH In.ision T Agenda Item No, 16K5 March 25, 2008 Page 24 of 116 required fcderal permits for the SDPs as refcrenced in this document and is thcrefore unable 10 build this project (exclusive of any federal permits or approvals for docks), Lodgc likewise will bc entitled to a refund of all money provided un dcI' this Agrccment and Release within sixty (60) days of written notice from Lodge and Lodge shall rctain thc Bald Eagle Management Plan as pcrmitted by tbis Agrcement and Release to thc cxtent allowed by law, 18, Nothing in this Agrcement and Release or the settlement documents shall be construed or interpreted to confcr any rigbt to docks or any particular numbcr of docks, 19, Tbe Agrecment and Release shall be binding upon Lodge's and tbe County's predecessors, successors, assigns, officers, present and former employees, owners, present and former elected or appointed officials, insurers, principals and representatives, who shall work togetber in good faith to accomplish the intent of this Agreement and Release, 20, This Agreement and Release sball he governed hy the Jaws of the State of Florida, 21, This Agreement and Re]ease may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release, This Agreement and Release supersedes all prior discussions and representations and contains all agreements of the parties, 22, Tbe County and Lodge acknowledge that this Agreement and Re]ease is the product of mutual negotiation and no doubtful or ambiguous provision tbat my exist in tbis Agreement and Rclease is to be construed against any party either hased upon a claim tbat the party drafted the ambiguous language or that the language in question was intended to favor one party or tbe other. 7 2/2S108 revision Agenda item t'Jo. 16f<5 March 25, 2008 Page 25 of 116 23, The Effective Date of tbis Agreement and Relcase shaJJ he the date upon which the Cbairman of the Board of County Commissioners of Collier County, Florida, exccutc,2 this doeumcnt 24, The County and Lodge acknowledge and assume the risk that additional, different or contrary facts to tbc facts which tbcy he1ieve exist may now exist or may be discovered after this Agrccment and Re]ease has becn entered into, and they agree that any sueh additional, differcnt or contrary facts shall in no way limit, waive, affcct or alter tbis Agreement and Release, Tbe County affirmatively states that it is not aware of any facts tbat would probibit the construction of the projcct as authorized by the PUD and this Agreement and Release or the enforceability of this Agreement and Release, Lodgc affirmatively states that it is not aware of any facts tbat would prohibit the construction of the project as authorized by the PUD and this Agreement and Rclease or tbe enforceability of Ibis Agreement and Relcasc. 25, In the event of a breach of this Agreement and Re]ease, either party to Ihis Agreement and Release may enforce its terms in the Twentieth Judicial Circuit in and for Co]]icr County, Florida, In this rcspec1. tbc County and Lodge shall rcquest that the Court in Case No, 05-967-CA approve this Agreement and Release as part of a stipulated judgment and rctain jurisdiction to enforce tbis Agreement and Re]ease's lerms and award any other ancillary relief for thc brcach sbou]d such be necessary, REMAINDER OF PAGE INTENTIONALL Y LEFf BLANK REMALl\i1NG SIGNATURE PAGE TO FOLLOW s ~/~(;i()S r",:\i~i(i11 Agenda Item No, 16K5 March 25, 2008 Page 26 of 116 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 fonn and legal sufficiency: Jeffrey A, Klatzkow Chief Assistant County Attorney 9 2/28/08 revision Agenda Ilem '00, 16K5 March 25, 2003 Page 27 of 116 ORDINANCE NO, 2000.,~~~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8508S, 8516N, 8517N, 8520N, AND 8520S; BY CHANGING THE ZONlNG CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-3 (3), A (ST), RMF-6 (S1') (3), RMF-6 (3), RMF-12 (ST) (3), RMF-12 (3), RSF-3 (S1') (3), RSF-4 (3), and RSF-4, TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS COCOHA TCHEE BAY PUD FOR A MAXIMUM OF 590 RESIDENTIAL DWELLING uNITS AND RECREATIONAL FACILITIES INCLUDING A GOLF COURSE ~ CLUBHOUSE LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (CR 8S8) AND VANDERBILT DRJVE (CR, 901) IN SECTIONS 8, 16, 17, AND 20, TOWNSffiP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 532:!: ACRES; AND BY PROVIDING AN EFFECTIVE DATE, 'W'HEREAS. Karen Bishop of PMS. Inc. of Naples, representing Vanderbilt Partners H. LDT", p~titioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDArNED by the Board of County Comm~sioners C;;f~ Collier County, Florida, that: ;,ECTJON ONE: '..~ The zoning classification of the herein described real property located in Sections 8, 16. 17- and 20. Township 48 South, Range 25 East, Collier County, Florida, 'is changed from RSF-3 (3), A (ST), RMF-6 (ST) (3), RMF-6 (3), RMF-12 (ST) (3), RMF-12 (3);.RSF-3 (S1') (3), RSF-4 (3), and RSF-4, to "POO" Planned Unit Development in accordance with the Cocohatchee Bay PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8508S. 8516N, 8517N, 8520N, and 8S20S, as described in Ordinance Number 91-102, the Collier County Land Development Code, arc hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. Exhibff 1 to Settlement Agreement and Release Agenda Item No, 16K5 March 25, 2008 Page 28 of 116 PASSED AND DULY ADOPTED by the Board of County Commiuioners of Collier County. Florida. this ~day of ,at?"",,,_ I.v./ . 2000. AlTEST:, ~:;::; ;L--..zo/.I. . Y#.Cl D\~ !Grrt E, BROCK, Clerk Attest as to Chall'lllll's slgAature only. Approved as to Fonn and Legal Sufficiency 7fuMy~7?l ' L.1tu..t.?,d. MaljO,wM, Student Assiwmt Coun.y At1nmcy gladmin/PUO-99-2lV1t:N1im BOARD OF COUNTY COMMISSIONERS COLLlER~DA BY: JAMES D, CARTER, PhD" CHAIRMAN This ordinance filC'd with the Secretory of ~~ Office the ~dayof , ~"V0 ond ocknowhd<Jcm'.'r"!1 o-f thel! ~illrJ9)!Fce~...ed tnis ;:1D~y of ,~ ~<L-;;""/;/ J By -~/,II_~~ t_,.,C_ .2- COCOHA TCHEE BAY A PLANNED UNIT DEVELOPMENT REGULA nONS AND SUPPORTING MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: VANDERBILT PARTNERS 11, LTD PREPARED BY: PMS, INe. OF NAPLES 2335 T AMIAMI TRAIL NORTH SUITE 40& NAPLES,FL 34103 DATE REVIEWED BY cepc DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE ; '2.1/2/~ C' ,Z""",,"50 1211410:) EXHIBIT "Au .~----_._._--_. - --.---- Agen,ja item No. i6K5 fv'1arch 25. 2008 Page 29 of 116 INDEX PAGE List of Exhibits and Tables n Statement of Compliance ill SECI10N I Propeny Ownership, Legal Description and Shon Title J.) SECTION II Project Development 2.1 SECTION ill Residential Development Areas 3.1 SECTION IV Golf Course I Open Space 4.1 SECTION V Preserve District 5.1 SECI10N VI General Development Commitments 6,1 Agenda Item No, 16K5 March 25, 2008 Page 30 of 116 LIST OF EXHIRITS AND TABLES EXHIBIT "A" Planned Unit Development Master Plan EXHIBIT "B" PUD Master Plan with Eagle Zone Overlay and Bald Eagle Management Plan TABLE I Land Use Summary TABLE 11 Developmenl Standards " " i~gerlda Item t'~o. [oKS March 25. 2008 Page 31 of 116 STATEMENT OF COMPLIANCE Agenda Item No, 16K5 March 25, 2008 Page 32 of 116 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 I - 1 1.\9 acres RSF-3st Parcel 5 - 161.63 acres RSF-4 Parcel 6 - 13,15 acres RSF-4(3) Parcel 7 - 69,61 acres RSF-3st(3) RSF-3(3) RMF-6(3) RMF-6st(3) RMF-I2(3) RMF-I2st(3) RMF-I2st(3) - RMF-12st(3) - RMF-6st(3) Parcel 8 194.60 acres Parcel 9 Parcel 10 1 .26 acres 80.65 acres TOTAL 532,09 acres 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 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. ill Agenda Item !\Jo. 16K5 r'~arch 25, 2008 Page 33 of 116 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 seIVices as required in Policies 3,LH and 3,LL of the Future Land Use Element. 8. The project Development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 9. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities. of the Collier County Land Development Code (LDC). IV Agenda Item No, 16K5 March 25, 2008 Page 34 of 116 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set fonh the location and ownership of the propel1y, and to describe the existing conditions of the propeny proposed 10 be developed under the project name of COCOHA TCHEE BAY. 1.2 LEGAL DESCRIPTION PARCEL 1 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA. SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.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 THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK 218, PAGE 484 INDICATE THAT TIfE AGREED BOUNDARY LINE IS FOUND IN O.R, BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT mOSE RECITED IN A LATER EXCHANGE OF Qurr CLAIM DEEDS O.R. BOOK 87, PAGES 439 TIfROUGH 447), OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE RUN N.290II '40'W., ALONG SAID BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3000'00"W" ALONG SAID AGREED BOUNDARY LINE, FOR 961.43 FEET (SHOWN IN ERROR AS 961.30 FEET IN mE OFFICIAL RECORDS); THENCE RUN N.67030'00'W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397,01 FEET IN THE OffiCIAL RECORDS); THENCE RUN N.22031'00'W., (SHOWN IN ERROR AS N.22030'00'W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; TIIENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INfERSECTION WITH THE WESTERLY PROLONGA nON OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.0008'53"E, (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59000'00''E., FOR 815,68 FEET, TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89012'20''E., ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTII LINE OF SAID GOVERNMENT LOT 3, FOR 1907,82 FEET, TO TIlE NORTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE RUN S.00023'1O"8., ALONG TIlE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. 1.1 Agenda item ~~o. 16K5 March 25, 2008 Page 35 of 1 >,6 PARCELS THE NORTHWEST 114 OF SECfION 16 IN TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLUER 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-FIFI'H (BEING MORE PARTICULARLY DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECfION 16, TOWNSHIP 48 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 1/2 OF THE NORTHEAST ]/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF THE NORTHEAST 114 AND EXCEPTING THEREFROM THE RIGHT-OF- WAY OF STATE ROAD S-865A (V ANDERBIL T DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND WST THEREFROM BY SUBMERGENCE OR EROSION. PARCELS BEGINNING AT THE SOUTHEAST CORNER OF SECfION 17, TOWNSillP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N,89054'20"W., ALONG THE SOUTH LINE OF SAID SECfION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.OI 030'05"E., ALONG SAID AGREED BOUNDARY LINE, FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 FEET, IN OR BOOK 68, PAGE 235 AND O.R, BOOK 167, PAGE 642 HEREINAFTER CITED AS OFFICIAL RECORDS); THENCE RUN N.30000'00"E., ALONG SAID AGREED BOUNDARY LINE, FOR 800 FEET; 1HENCE RUN N.050oo'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 SECfION 17; THENCE RUN N.88024'4Q"E, (SHOWN IN ERROR AS N,88026'4Q''E, IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR 3449,51 FEET TO THE NORTHEAST CORNER OF SAID SECfION 17; THENCE RUN S.0027'30''E., ALONG THE EAST LINE OF SAID SECTION] 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'OO"E. (SHOWN IN ERROR AS S,0026'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECfION 17, FOR 2584,65 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM (I) THE EAST ]/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 114 OF THE SOUTHEAST 114, OF THE SOUTHEAST 1/4, ALL IN SAID SECfION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (V ANDERBll. T DRIVE), AND EXCEPTING THA T PORTION OF THE SOUTHEAST 114 OF THE SOUTHEAST V. 1.2 Agenda Item ~'O, 16K5 March 25, 2008 Page 36 of 116 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTIl, 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.89D53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; TIlENCE 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 S.41 oll'03''W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.OD06'42''E., FOR 120 FEET, THENCE RUN N.89D53'18''E., FOR 275.72 FEET, TO A POINT ON THE WEST R1GHT-OF-W A Y LINE OF STATE ROAD S-865A (V ANDERBIL T DRIVE): TIlENCE RUN N.OD26'OO"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 9 TIlA T PORTION OF TIlE NORTHEAST 1/4 OF TIIE SOUTHEAST 1/4 OF SECI10N 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 SECTION 17, RUN N.89D40'55"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK I, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N,0026'OO''W., FOR 100 fEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.89D40'55''W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE OF TIlE NORTHEAST 1/4 OF TIIE SOUTHEAST 1/4 OF SAID SECI10N 17; THENCE RUN S.0025'41 ''E., FOR 100,00 fEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTIffiAST CORNER OF SECI10N 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89052'20''W., ALONG THE SOUTH LINE OF SAID SECI10N 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 INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TIIENCE RUN N.79017'1O"E., ALONG 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; 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 SECI10N 20; THENCE RUN S,89054'20"E" ALONG SAID NORTH LINE FOR 283952 fEET. TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE RUN S,02012'OO"E., ALONG THE 13 Ageilc~a item ~,Jo" "i6KS I\~arch 25, 2008 Page 37 of 116 EAST LINE OF SAID SECTION 20, FOR 5273,90 FEET (SHOWN IN ERROR AS 5277,24 FEET IN O,R. BOOK 68, PAGE 235) TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEJYr ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEJYr THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOW AS BLUEBILL A VENUE). AND LESS AND ACCEJYrTIlE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO, I 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 SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING TIffi SOUTHEAST CORNER OF LOT 10, BLOCK I OF SAID WIGGINS PASS LANDINGS UNIT NO.1; TIlENCE N.89052'20''W., ALONG TIlE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO,I A DISTANCE OF 1400,65 FEET TO niE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO,I; THENCE N,oooI4'OO"W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF J608.90FEET; THENCE N.34026'15''E., ALONG SAID WESTERLY LINE, A DlSTANCE 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 A8 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.020I2'00"E, A DISTANCE OF 163.77 FEET TO TIffi NORTHWEST CORNER OF LOT I, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87048'OO''E. A DISTANCE OF 200.00 FEET TO THE NORTIffiAST CORNER OF SAID LOT I; THENCE S,020I2'OO"E. ALONG TIlE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO, I, A DISTANCE OF 668. J 6 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK I OF SAID WIGGINS PASS LANDINGS UNIT NO.1, THE SAME BEING THE NORTIIEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02012'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209,93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO niE PLAT TIffiREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: 1.4 ,^,genda Item No, 16K5 March 25, 2008 Page 38 of 116 A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SEcrION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TIlE SOUTIlEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02012'00"W., ALONG THE 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 THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100,00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT I BLOCK 3, WIGGINS PASS LANDINGS, UNIT NO.1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; TIlENCE S.87048'OO''W., A DISTANCE OF 200,00 FEET TO TIlE NORTHWEST CORNER OF SAID LOT 1; TIlENCE N.02012'OO''W, A DISTANCE OF 163.77 FEET TO TIlE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT I; THENCE S.87048'00''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 NORTIlWESTERL Y LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO,I, A DISTANCE OF 439.48 FEET TO TIlE NORTIlEASTERL Y CORNER OF TRACf 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 THE NORTHERLY LINE OF SAID BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN OffiCIAL RECORDS BOOK 68, AT PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE N.79017'lO"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'OO"E., A DISTANCE OF 2472,71 FEETTO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID V ANDERBIL T DRIVE; THENCE S.020 12'25''E" ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET; THENCE S.02012'00''E. ALONG SAID WESTERLY LINE A DISTANCE OF 667,03 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE OR LESS. 1.3 PROPERTY OWNERSHIP The subject property is owned by A.L. Dougherty Co. Inc., a Delaware Corporation. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA 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-J2ST (3), RMF-12 (3), RMF-6 ST(3), RMF-6(3), and A-ST, 1.5 /\;j?nja Hem !'>Jo. 113KS March 25, 2008 Page 29 of 116 1.5 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No, 6. Drainage from the property will discharge into Cocohatchee Bay B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stonnwater runoff to wetland 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 Finn Maps I 20067-01 91D, 01870, and 1890, dated lune 3,1986. D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the V,S. Department of Agriculture (Soil Conservation Service) in March, 1954. 1.6 PROJECT DESCRIPTION The Co::ohatchee 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 ,'Igenda Item No, 16K5 March 25, 2008 Page 40 of 116 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. 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 nOled, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application, C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2,1 ,A.gee'lca Item ~Jo. 161<5 r\t~arch 25. 2008 Page 41 of 116 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 1. 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 USE MAX. O.ll.'s I SOlIare F()ol"~e ACRES Residential "R I" ~80 44.00 +/- Residential "RZ" 90 9.70 +/- Golf Course "GC" 20 170.39 +/- Open Space N/ A (Preserve, Lakes and Landscape Buffers) Total 590 308.00 +/- Total 53Z.09 +/- 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 tbe platting laws of the State of Florida. 0' ~..:.. 1 Agenda Item No. 16K5 March 25, 2008 Page 42 of 116 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 olher development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road. public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual mainlenance of the common facilities. 2.5 MODEL HOMES I SALES OFFICES Model homes, sales centers and other uses and structures related 10 the promotion and sale of real estate such as, but not limited 10, pavilions, viewing platforms, gazebos, parking areas, tents. and signs, shall be permilted principal uses throughout the Cocohatcbee 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 10 final plat approval as provided in said Section 2.6.33.4. 2.6 AMENDMENTS TD PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Developrnent 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 limely 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 Prolection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 L,gsnda item No. 16K5 March 25. 2008 Page ~3 of 116 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. The Applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated ten (10) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the Collier County Land Development Code, Section 2.6.9. I. 2. Water management facilities and related structures. 3. Temporary sewage treatrnent facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants. including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to. landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 2.4 Agenda Item r,o. 16K5 March 25, 2008 Page 44 of 116 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: I. 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 sbaU 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 R=ation. Golf Course, Landscape/Open Space. Lakes and Preserve District designations. These areas equate to approximately 91 percent of the Project and fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 2.5 I ,~\genda item No. leK5 March 25, 2008 Page 45 of 116 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 rnal, 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. 2,6 T Agenda 11em No. 16K5 March 25. 2008 Page 46 of 116 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 "R1" 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 +1- acres and base density of 1.11 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "Rl" and "R2" on the PUD Master Plan are designed to accommodate high-rise residential dwelling unit types, multi-family dwellings, adult living facililies, 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 PERMITTED A. Principal 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 ,~genca item ~~o. 16K5 March 25, 2008 Page 47 of 1 i6 B. Accessorv Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Recreational uses such as. but not limited to, clubhouse, fitness center, health spa, tennis coutts, swimming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R I " and "R2" Districts. 3~ 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 are not specified herein or within the Cocobatchee 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 wbich serve more than one development. A green space area of not Jess 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 Falling Waters, a minimum of 30 percent of the multiple family housing shall be offered to employees of the golf course with purchase price or rental rates consistent with traditionally accepted housing costs to income ratios. 3.2 Agenda Item No. 16K5 March 25, 2008 Page 48 of 116 DEVELOPMENT STANDARDS "Rl" "R2" HIGH-RISE MULTI.FAMILY Multi- Famlly Dwelllngll Minimum Lot Area N/A I Acre Minimum Lot Width N/A N/A Front Yard -Internal Road '1 0.5 BH not less 0.5 BH not less than 25 feel than 25 feet Front Yard. Accessory Bldg. 0.5 BH not less 0.5 BH nOlless Including Parking Structure than 25 feet than 25 feet Front Yard - Vanderbilt Drive BH NlA Front Yard - Accessory Bldg. 50 N/A Side Yard 0.5 BH 15 Rear Yard Principal 0.5 BH 15 Rear Yard Accessory 15 10 . Maximum Bldg Height 20 stories for a muimum 35 height of 200 feet *2 I Distance Between Principal Structures I 0.5 SBH "3 I 0.5 BH not less than 15 feel Floor Area Min. (S.F.) I 1800 SF 1200 SF . COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR TABLE t I!H: (Building Height): BuHding height shall be the venical distance measured from the first habitable finished floor elevlltion to lhe uppennosl finished ceiling elevation of the slructure. ~ (Sum of Building Hcighl): Combined beight of two adjacent buildings for the purposes of dctcnnining setback requirements. All distances are in feet unless otherwise noted. .1 front yards ~hall be measured as follows: A. [f the parcel i5 served by a public right-oC.way. setback: is measured from the adjacenl right-of-way line. B. If the parcel is served by a privare road, setback is measured from the back of curb (if t:urbed) or edge of pavement (if not curbed). *2 SuHdinS height for the north property line adjacent to Arbor Trace in the "R I" tnct shaU be I S stories for a maximum height of ISO feel. -3 Where buildings with a common architectural theme arc angled, si;:ewed or offset from one another. and walls are not parallel to one another. the setbacks can be administratively reduced. 3.3 (6,genda Item No. 16K5 March 25, 2008 Page 49 of 116 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 sball be protected and preserved wherever practicable. 4.2 PERMIITED 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 I. Golf courses and golf club facilities, caddie quarters, clubhouse, guest suites, including temporary golf clubbouses. 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 wbleh the Planning Services Department Director determines to be compatible. B. Permitted Accessory Uses and Structures I. Accessory uses and structures customarily associated witb the principal uses permitted in this District. 2. Pro-shops, practice areas and ranges, golf cart bams, rest rooms, shelters, snack bars and golf course maintenance yards. 3. Retail sales of associated recreational equipment and apparel, such as, but not limited to, golf, tennis, and other recreational related equipment apparel and accessories. 4. Restaurants and related uses intended to serve dub members and dub guests. 4.1 Agenda item No. 16K5 March 25, 2008 Page 50 of 116 5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all other types of accessory facilities intended to provide recreational opportunities for members. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS 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. Ligbting facilities sbaIl 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 (IO'). 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. H. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are 10 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 P,g8:1Ca Itsm No. 16K5 March 25, 2008 Page 51 of 116 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 USESPERMUTTED 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, passive recreational areas, boardwalks. 2. Biking, biking, and nature trails. 3. Golf cart paths are permitted in tbe preserve areas outside the limits of the bald eagle primary zone. 4. Wildlife sanctuary. 5. Pathways and or bridges. 6. Recreational sbelters, in Preserve upland areas. 7. Drainage and water management facilities as may be required by SFWMD. 8. Any other accessory use which is comparable in nature with the foregoing uses and whicb the Planning Services Department Director determines to be compatible. 5.1 ."'genda Item No. 16K5 March 25, 2008 Page 52 of 116 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3. of the Collier County Land Development Code, as amended. Any lot abutting a protected/preserve area shall have a minimum 25 foot setback from the boundary of such protected/preserve area in whicb no principal structure may be constructed. Further the plat shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback without the prior written consent of the Development Services Director. In no event shall these activities be permitted within ten feet of the preserve boundary. B. Maximum height of structures - Twenty-five feet (25'). C. Minimum distance between principal structures - Ten feet (10'). D. Minimum distance between accessory structures - Five feet (5 '). E. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERV ATJON 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 AqsncJa Item i~o. 16r<5 ~ March 25. 2008 Page 53 of 116 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. Excepl where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the Masler Plan and the regulations of the pun as adopted, and any other conditions or modifications as may be agreed to in the rewning of the property. In addition, any successor or assignee in title, is bound by tbe commitments within this agreement. 6.3 pun MASTER PLAN A. Exhibit "A," Ibe 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 rnitigation features as a result of environmental regulatory agency review, as long as the changes do nol cause additional impacts to protected species or habitat. 2. Reconfiguration of lakes, ponds, canals, or otber water management facilities wbere such changes are consistent with tbe criteria of the South Florida Water Management District and Collier County and wbere there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features where there is no encroachment into preserve areas. 6.1 Agenda Item No. 16K5 March 25, 2008 Page 54 of 116 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 200012001. Marketing of commercial and residential sites and golf course memberships are to begin in calendar year 2000, and are expected to be concluded in calendar year 2010. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. of the Collier County Land Development Code. 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 the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such COmmon areas including, but not limited to, condominium associations, homeowners' associations, that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. Sidewalks 1 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 with the right-of-way width requirements of Subsection 3.2.8.4.16.5. of the LDC except as follows: 1 . Cul-de-sacs and local streets less than one thousand feet () ,000') in length are required to have a minimum fifty foot (50') right-of-way width and two ten foot (10') wide lravellanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to have a minimum of fifty foot (SO') right-of-way width and two [eO foot (I 0') wide travel lanes as required by Subsection 3.2.8.4.16.5. 6.2 ,Agenda Item [\10. '1 GK5 March 25, 2008 Page 55 of 116 3. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. of the Land Development Code. 4. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14. of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FOOT 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 Transponation 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 L'niform Traffic Control Devices standards. 6. LDC Subsection 3.2.8.4.16.8.: The minimum back of curb radii for internal roads shall be 30 feet with tbe 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 maintainec. 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, EaslfWest Livingston Road, and/of Wiggins Pass Road rights-of-way if such improvements conflict with or negatively impact public roadway, drainage, or utility facilities planned as part of futufe 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. TIle right-of-way conveyance shall occur at the time requested by the County. 6.3 Agenda Item No. 16K5 March 25, 2008 Page 56 of 116 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 irnpact 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 East/West Livingston Road between Vanderbilt Drive and U.S. 41. The Village Place PUD directly to the north of this PUD has dedicated 67.5 feet of right-of-way along its southern property line for the future East/West Livingston Road. 100 feet of right-of-way along the northern property line for future East/West Livingston Road shall be dedicated to the County. Such required right-of-way shall be dedicated and conveyed to Collier County for public roadway, drainage. and public utility improvements. Collier County shall compensate the Developer for the right-of-way based on professional land appraisals of the fair market value based on its value prior to approval of the PUD. The right-of-way conveyance shall occur at the time requested by the county. G. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project (this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these improvements are made after the construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay all design and construction costs related to access for the Project. 6.4 /\08I1da Item ~jo. 16K5 " March 25, 2008 Page 57 of 116 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. J. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins Pass Road precedes the development of this Project's access to Vanderbilt Drive, the Developer shall bear the full cost for the access and appropriate turn lanes. 6.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: 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 Ihe 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 interconneclion with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. 6.5 Agenda item No. 16K5 March 25, 2008 Page 58 of 116 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 comrnencement 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 plaued rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17. shall be conveyed to the County WatedSewer 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 sp"..cifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 6.6 Agenda Item No. 16K5 f,1arch 25, 20CJ8 Page 59 of 116 6.9 ENVIRONMENTAL The development of this pun 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 rneans 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 Council or any successor body. 6.10 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Engineering Review Services. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code. 6.7 Agenda Item No. 16K5 March 25, 2008 Page 60 of 116 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 aClivity which they are accessory to. 6.8 6.14 SIGNS j"l<J8nda It9m No. 16K5 March 25, 2008 Page 61 of 116 J . 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 problerns. 2. Entrance Siens 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 tbe adjacent streets or going into adjacent residences. 3. Proiect Siens A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 901. the north side of CR 888, the south side of Livingston Road Extension and on all land tracts within the Cocohatchee Bay PUD limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along the CR 90 I frontage, one (I) shall be located along the Livingston Road Extension frontage. and one (I) sball be located along the CR 888 frontage. 6.9 - ---~----- ------- 3) Agenda Item No. 16K5 March 25. 2008 Page 62 of 116 Project signs may be lighted provided all lights are shielded in a manner which prevents direct glare which would impact the vision of drivers using the adjacent streets or going into adjacent residences. 6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permined subject to applicable sections of the Land Development Code. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby pennitted 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 -;i\'~'::II~c1I!t..ljIIL. ;~t(:; ~ [I March 25, 2008 D G @ ([) CD Page 63 of 116 , . ~ ~;g ~ :g --"'C) ~~ ~=<l ~~ -0 :,,[;j ~ ~~ ::::C;; "e; Clts r- ~ r'1 A<') f)~ ~ .... ~ <')0 ~ f>~ ,. .tt~ ~. ~ <') '4 :::, a ?;i - @ ~ " i;:J Vj A "'- ::j ~ <') 0::: I :!1 ~ I ~ (0 ~ "1 '" - ~ '"< ~ <') "i <') .... ~iil:lifl;jiIJI<~!i!~li .. . .. . . .. . . w' . . . i" . .. . . . . I ~ ~I~i ~!5~ 1l1l~ ~~I ;~. I I . __ __0 __J i . I ,@ . I ~ EXHIBIT "A" --- -, t~ COcOHATCHEE BAY I PUD MASTER PlAN I (FUTURE CONDmOl'?] -v f, ]D) OMF:: 08-29-00 YANASSE & D.'i.iLOitl REv, 11-0S-Xl ...-r.JOH_....,~&n-.L :::..e...:::.. n 8.lJ~ SC4.LE: N. rs.. ~--_. ;~ *""r:/ ~ Vl ;? - "" - ~ PROJECT NO.: 802 j Ac.w NO. 80205-PU"),/, . , Z March 25, 2008 D I ~~ G @Q) Page 64 of 116 .', ~~ '- I." ;g ""~ ~ 'll ; '""-C') ~~ ~~ -<:) ~ ~~ ~ ~t;; ~I r- ",-< "'", 8 ("j ~~ ~ .... ",<:) ", ~ ~~ ~ ~ <:: ......l:\ ~ ~ ~ ~ C:J ~ ", "- T ~ I ~ ...... ~ ~ i'" -< i ~ i ~ :;~:tIJlifjll!lllt'ii~ ::::::::::::::::::::::~::::::::~..~::::::::::::::::: ~~~mmm~mfII~*~m~m m~~~~m~~~~~~. .................... .......... fllililll!ilt; ~ I . ::!!:t~ II~i I ~/'Oj1i1 Ii- i 'r ~~~ . . I ;g :;g UI !1J Vl .0 t ~t;!Q "'C')_ , r. of;;~ ~s:v; I ;:j~:" ;o~V) I "'""c::: ~~:g ,.. ,.. ..1:~ ;~ -* ,,- I.;~~ lOt:! .. III :z ~~~ j9~ ~~ ~ f'l EXH/B/ T JlBIJ COCOHATCHEE BAY PUD l\-".ASTER PU.1\i I WITH EAGLE ZONE OVERlAY ~v EI JD) OATE:: 08-29-00 VANASSE 4 DA\'LOR F!N. "-OS-DO .lrrao H_ .........,. au...I. ..... .ClO ......~rJaga'l' SCME: N.T.S, I PROJECT' NO.' 80205 I AC04.0 NO. 80205-PUOMP -,---.- l\~enda item ~~o. 16K5 - March 25, 2008 Bald Eagle flabitat M,Ir!l~rm'~PI.1l COCOHA TCHEE Sections 8,16.17, & 20, Township 48 S, Range 25 E, Collier County. Turrell & Associates, Inc. August 2000 4.0 Bald Eagle (Hallaeetus 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 lasl 7 years with nest being constructed in two different trees. The current nesl was constructed in 1995 and the original nest tree was cut down in 1997, the nesl 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 feel. 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 Agenda Item No. 16K5 Bald Eagle Habitat ~~~ Sections 8, 16, 17, & 20, Township 48 S, Range 25 E, Collier County. Turrell & Associates, Inc. August 2000 across and 6-8 feet deep, lined with soft materials. Most commonly, living pine or cypress trees are chosen where some canopy remains above the nest. The ratio of water to land edge is one of the most important considerations and so long as prey density does not diminish, habitat suitability of an area remains constant. Egg laying peaks in early December and clutches usually consist of one to two eggs with incubation of approximately 35 days. The young fledge after 10-12 weeks although parental care may continue a further 4 to 6 weeks after this. Most of Florida's eagle pairs are year round residents while the young are migratory. In addition to the nesting tree, diurnal perch sites are an important part of the eagle's territory, when, during the non-nesting season, perching may take up 74-83% of the day (FWS). Selection is similarly based on how much prey is 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 \/Ulnerable to the build up of contaminants in the food chain. Population size was severely affected by the use of the pesticide DDT (now banned), which reduced reproductive success by thinning eggshells, lead and mercury poisoning are on-going concerns. Multiple disturbances by humans of nesting birds has been shown to lead ultimately to nest abandonment. Spatial and temporal isolation from the nest site and feeding areas are components of species management plans. Given the general requirements for the ecological success of the eagle, an overview of how development on the project site will allow continued habitation is provided below. 4.3 Site Development Considerations and Species Management Protocol The current site plan calls for development of a golf course only with an option to conduct future residential construction should the site conditions or management techniques change to allow it. It should be noted that existing flight paths are predominantly to the south and south-west and a far greater area of preserve extends from the nest tree to the west, keeping the site in a similar configuration to how it is currently utilized by the birds. The main foraging area is the Wiggins Pass estuarine system which is designated as Outstanding Florida Waters, 280 acres of which will be deeded by conservation easement to the South Florida Water Management District preserving this habitat in perpetuity. 2 llgenda Item No. 16K5 March 25, 2008 Bald Eagle Habltat M"'~~1!!fl\l'/l COCOHATCHEE Sections 8, 16. 17, & 20, Township 48 S, Range 25 E, Collier County. Turrell & Associates, Inc. August 2000 The Habitat Management Guidelines outlined in the Recovery Plan for the Southeastern States Bald Eagle call for a primary protection zone, except under unusual circumstances, extending 750 to 1500 feet outward from the nest tree. The precise distance being dependent upon the proximal and spatial configuration of critical elements such as the nest tree, feeding area, and roost trees. No residential, commercial, or industrial development, logging or mining should occur within this zone. The site plan for the golf course as proposed projects into the 750 foot primary zone to the east of the nest tree. It is not anticipated that this will adversely affect the eagles because of the existing circumstances of the site. There are no existing living trees within this area and the birds currently have a relatively unobstructed view of Vanderbilt Drive. The golf course would remove some of the dead snags left in the area but observations over the past two years have shown that these snags are not utilized by the birds for roosting or perching. Also, flight paths into and out of the nesting area were in the opposite direction and not over the area proposed to be impacted. A screen of living vegetation will be planted between the golf course and the nest site to block views and sounds of the golfers from the nest. This action would result in a buffer of approximately 530 feet to the east of the nest. A buffer of 750' would be maintained to the south and north of the nest, and no impacts are proposed to the west between the tree and the Gulf of Mexico. To minimize disturbance during the important nesting period, a greater buffer zone of 1500' in radius will be established and maintained during site construction activities. No construction activities will take place within the 1500-foot zone during the nesting period which runs from October 1 through May 15. Incorporated throughout the site is an education plan consisting of signs and posters located at golf hole tees, with information and pictures of the habitats and species located in the vicinity of each hole. In this way players and residents will gain knowledge and an appreciation of the system as they progress through the course. The eagle will be highlighted at the appropriate location with details on the species biology, ecology and conservation stattts. .J Agenda Item No. 16K5 March 25, 2008 Page 68 of 116 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. r:--.:: WITNESS my hand and the official seal of the Board ~f~ <;..~-' ....:~ '" 0 county Commissioners of Collier County, Florida, this 15thdaYc~ """'''l , J of December, 2000. ::-:) - .\ -.;, r, 0:: \-; '.X'..I...., '.~",,p .---, O:::'l >~. o ..;.D" DWIGHT E. BROCK ,/' . ~ Clerk of Courts and Cl.erk ,', Ex-officio to Board of ,:' County Commissioners ' ~/~ C.-'v4~..1 i ./ By: Ellie Hoffman, Deputy Clerk '.."" """, ~ '.'- ~~ ",' " ~,:,':;3 l;8m r~o. 'leKS ~}::lIch 25. 2'108 ??lQ8 69 of 116 COCOHATCHEEBAY 'l~. A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING AMENDED MASTER PLAN GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COU-IER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: :r V ANDERBILT PARTNERS II, LTD PREPARED BY: PMS, INe. OF NAPLES 2335 T AMIAMI TRAIL NORTH SUITE 408 NAPLES, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE SETTLEMENT AGREEMENT AND RELEASE DATED 12/11/00 2000-88 12/14/00 , 2008 EXHIBIT "/I." 2/28/08 revision Exhibit 2 to Settlement Agreement and Release ii Agenda Item t-Jo. 16K5 fv1arch 25, 2008 Page 70 of 116 If~-- INDEX PAGE List of Exhibits and Tables II Statement of Compliance III SECTION I Property Ownership, Legal Description and Short Title I.1 SECTION II Project Development 2.1 SECTION III Residential Development Areas 3.1 SECTION IV Golf Course / Open Space 4.1 SECTION V Preserve District 5.1 SECTION VI General Development Commitments 6.1 I 2/28/08 revision - ::O[T\ :\D,l::r<5 !',h:w~:h 25. 2UC:,g ?a:Je 71 of 115 Il~~ 1 I, LIST OF EXffiBITS AND TABLES EXHffirr "A" Amended Planned Unit Development Master Plan EXHffirr "B" PUD Master PllHI "::its Bagle ZORe O\'erlay Ma Bala Eagle ManagemeRt PlaR Cocohatchee Bav POD Amended Bald Eagle Management Plan EXHffirr "c" Settlement Agreement and Release TABLEr Land Use Summary TABLE IT Development Standards for "R" District TABLE III Develooment Standards for "GC" Single Familv IT I 2/28/08 revision f' ,Agenda Item f'>!o. 16K5 March 25. 2008 Page 72 of 116 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 1 - ParcelS - Parcel 6 - Parcel 7 - 11.19 acres 161.63 acres 13.15 acres 69.6 I acres Parcel 8 194.60 acres Parcel 9 Parcel 10 1.26 acres 80.65 acres TOTAL 532.09 acres 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 ~-- ----.-..-~.---.-.'II""'"" l~ l~erTl r-~O. Cf';S Mar=:h .25, 20~)8 Page l3 of l1G The PUD will utilize a total of 590 units on 532.09 :!: acres for a gross density of 1.11 dwellings per acre. This action makes the land use and density consistent with the Future Land Use Element of the Growth Management Plan. 6. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 7. The project Development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.I.H and 3.I.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 DivisieB 3.15, f.E1e(jllate PlIelie Faeilities, sf the Collier County Land Development Code (LDC). 10. This PUD amendment is herebv made pursuant to a Settlement Agreement and Release. a copv of which is attached hereto as Exhibit "C" and which terms and conditions are herebv deemed to be incorporated herein bv reference as if fullv set forth herein. If anv terms between this PUD amendment and the Settlement Agreement and Release are in conflict. the Settlement Agreement and Release will control. I IV 2/28/08 revision - .t\gsnda Item No. 16K5 March 25, 2008 Page 74 of 116 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 THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, SAID SECTION 8, RUN S.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; OR BOOK 218, PAGE 484; HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447 (SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND OR BOOK 218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK 87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.290] \'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.67"30'00"W. ALONG SAID AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.oJ FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22031 'OO"W., (SHOWN IN ERROR AS N.22030'00"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3, SAID SECTION 8; THENCE RUN N.oo08'53"E. (SHOWN IN ERROR AS NORTH IN THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59000'00"E., FOR 815.68 FEET. TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.890I2'20"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.00023'10''E., ALONG THE EAST LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR 2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED l.l 2/28/08 revision .. r-- , II 11II7 ,,/ i :-3,,1 rob. L)~',5 1\!1C1rc,h 25, 2D(:8 Page 75 of 1 6 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 DESCRffiED 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 TAMIAMITRAIL). PARCEL 7 THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A (VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 8 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89054'20"W., ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.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 HEREINAFTER 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.29011'40"W., ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE OF SAID SECTION 17; THENCE RUN N.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; THENCE RUN S.oo2T30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04 FEET (SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS), TO THE EAST QUARTER CORNER; THENCE RUN S.oo26'OO"E. (SHOWN IN ERROR AS S.oo26'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID SECTION 17, FOR 2584.65 l'bET TO THE POINT OF BEGINNING; EXCEPTING 1.2 2/28/08 revision IT-- I II :1 , 'I , I II ,''\genda Item No. 16K5 March 25, 20GB Page 76 of 116 Ir~- I I I i i THEREFROM (I) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST '4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, RUN S.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 S.4IOII'03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.oo06'42"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 (VANDERBILT DRIVE): THENCE RUN N.oo26'00"W., FOR 220 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION PARCEL 9 THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, I,.. DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, RUN N.89040'55"E., FOR 560.24 FEET, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK I, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.oo26'00"W., FOR 100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.89040'55"W., FOR 560.23 FEET, ALONG SAID BULKHEAD LINE. TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17; THENCE RUN S.oo25'41"E., FOR 100.00 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. PARCEL 10 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89052'20"W., ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE RUN N.000I4'00"W. FOR 1698.91 FEET; THENCE RUN N.54047'52"W., FOR 399.32 FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79017'10"E., ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN 1.3 2/28/08 revision Itsm ~\Jo. ~! rjb,5 March 25. 2CJ08 Page 77 'Jf 1-;6 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., AWNG 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.02012'00"E., ALONG THE EAST LINE OF SAID SECTION 20, FOR 5273.90 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 RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND ACCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A (ALSO KNOWN AS VANDERBILT DRNE) AND S-846 (ALSO KNOW AS BLUEBILL AVENUE). AND LESS AND ACCEPT THE FOLLOWING DESCRIBE REAL PROPERTY: ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS PASS LANDINGS UNIT NO.1 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10. At PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE N.89052'20"W. ALONG THE SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST CORNER OF LOT 10, BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.89052'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 A DISTANCE OF 1400.65 FEET TO THE SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.00oI4'00"W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 1608.90 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.87"48'00"E. ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE S.020I2'00"E. A DISTANCE OF 163.77 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS PASS LANDINGS UNIT NO.1; THENCE N.87048'00"E. A DISTANCE OF 200.00 rbET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE 14 2/28/08 revision nlr~- , !, [1 I Ii ,I I , i ~ .';genua Item '"0. 16i<:-- [!-- March 25. 2008 Page 78 of 116 S.02" 12'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1, A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT I, BLOCK I OF SAID WIGGINS PASS LANDINGS UNIT NO.1, THE SAME BEING THE NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION; THENCE S.02012'00"E. ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, A DISTANCE OF 1209.93 FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO.1 ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA). I I I, PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION, AND LESS AND ACCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION. AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY: A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 20; THENCE N.02"12'00"W., ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87048'OO"W., A DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE NORTHEAST CORNER OF LOT I BLOCK 3. WIGGINS PASS LANDINGS, UNIT NO.1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE S.87048'00"W., A DISTANCE OF 200.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE N.OZo 12'00"W. A DISTANCE OF 163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID WIGGINS PASS LANDINGS UNIT I; THENCE S.87"48'00"W. ALONG THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO.1, A DISTANCE OF 1481.48 FEET; THENCE S.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 COLLIER 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; THENCE N.79017'IO"E., ALONG SAID AGREED BOUNDARY Ln,,'E, A DISTANCE OF 69.60 FEET; THENCE N.0509'30"W., ALONG 1.5 Z/28/08 revision ::e,T1 tJO. 1Sf<S March 25, 2008 ?age 79 of 116 jl~- I 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; THENCE N.87048'00"E., A DISTANCE OF 2472.71 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE S.02012'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.1 I FEET; THENCE S.02012'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 DESCRIPTION OF PROPERTY AREA A. The Project site is bordered on the West by the DelenOf 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. i I I i: " 1.5 PHYSICAL DESCRIPTION A. The Project lies within South Florida Water Management District No.6. Drainage from the property will discharge into Cocohatchee Bay B. Water Management Facilities for the Project will be designed and constructed in order to introduce project stormwater runoff to wetland areas in an attempt to assist in the restoration of historic water retention and preserve areas. e. 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 120067-0191D, 0187D, and 1890, dated June 3,1986. D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. 1.6 2/28/08 revision Agenda Item hlo. 16f<5 March 25, 2008 Page 80 of 1 >,6 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 selling 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." , , I I I, 1.7 2/28/08 revision If :t2iTi ~Jo. 1 '~f<5 i 1",1JfCh 25, ::2:JD8 81 of 1 ",6 SECTION II PROJECT DEVELOPMENT Ii I 2.1 PURPOSE The purpose of this Section is to generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other project relationships. 2.2 GENERAL A. Development of Cocohatchee Bay shall be in accordance with the contents of the Amended Planned Unit Development document, the Settlement Agreement and Release attached hereto. and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as, but not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards. then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. e. All conditions imposed and all graphic material presented depicting restrictions for the development of the Cocohatchee Bay PUD shall become par1 of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this Petition will be subject to a concurrency review under the provisions of DivisieH 3.15, Aae!jaale Paslia Facilities, sf the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Project Master Plan, including land uses for the various tracts, is illustrated by Exhibit "A," the Amended PUD Master Plan. The nature and extent of land uses within the Project are indicated on Table I. The specific location and size of individual tracts and tbe assignment of dwelling units thereto shall be determined at the time of detailed site development planning or platting. 2.1 2/28/08 revision ----r- ,h,87:nda item i-b. 1 Sf(5 i '"' r',~arch 25, 2008 Page 32 of 116 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 USE MAX. D.U.'s I SQuare Footal!e ACRES Residential "R+" 5904W 53.7011.00 I.' R85iaeEtia..l "R2" 90 9.70 I.' Golf Course "GC" 2* ;!G 170.39 +/- Open Space N/A (Preserve, Lakes and Landscape Buffers) 308.00 +/- Total 590~ Total 532.09 +/- acres *2 "GC" unit,,- [0 be deducted from the total in the "R" use so total overall remains 590 units. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the Amended PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Revised Exhibit "A," the Amended PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the Amended PUD Master Plan. Any division of property and the development of the land shall be in compliance with Di':isieR 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of DivisioR 3.3 of the Collier County Land Development Code, when applicable. shall apply to the development of all platted tracts or parcels of 2.2 2/28/08 revision ji -----T-- 1-', ,::.,.",. It2m ; n. llJt"\:J . 1\1arch 25, 2008 I Page 83 of ~ 16 i I I land as provided in the Collier Countv Land Development Code sa4d DivisisR 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 Elf DivisiElR 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public and private easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of the common facilities. 2.5 MODEL HOMES / SALES OFFICES ,I Model homes. sales centers and other uses and structures related to the promotion and I; 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 re(jHiremel'ltG of SeetisR 2.833.1. sf tHe Collier County Land Development Code and all other applicable sections. Sales facilities will be permitted prior to final plat approval as provided in the Collier Countv Land Develooment Code said SectieR 2.8.33.1. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, SeetisR 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 tcrms 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 pcrpetual maintenancc 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 stonnwater 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. , i! 'I II I I I , 1 2.3 2/28/08 revision lT~-" I I I Agenda Ijl~::m ~~o. i 61<5 March 25, 2008 Page 84 of 116 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 developrnent of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, SeetisR 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 developrnent 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 considered general permitted uses throughout the Cocohatchee Bay Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Cocohatchee Bay PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: I. Essential services as set forth under the Collier County Land Development Code, SectioR 2.8.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. I 6. Community and neighborhood parks, recreational facilities, community cen tefS. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls which shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 2.4 2/28/08 revision :t2:-;'; ~ -b. Ejf< r'v1a;"(:h 25 2.CC) P3J8 a5 ofli 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 shall apply to structures: I. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no required setback. 2. Setback from exterior property lines - One half (1/2) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum Jot 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 increa,ed proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 8. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The Amended PUD Master Plan ideRtitles apjlFeJlimately 183 aeres iRelllEiea iR tile ReereatisR, Calf Cel::1rse, LaRaSeftfJe/OtleH Sflsee, Lakes B.fla Preserve District EiesigRatioRs. These !Ifeas eEj"'ate te iljljlfEmimately 91 pereeRt sf the Pmjeet afIa fully ~ satisfies the open space requirements of SeatieR 2.8.32 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 2/28108 revision 'I' I i , I I, i , I II I ! d !\gsnda Item j'~o. 1 GK5 March 25, 2008 Page [,6 of 116 - If ~-- 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be constructed in conformance with SeetisR 2.1.1 sf 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. 2.6 I i I ._-~ 2/28/08 revision "If [181Ti r'JO. 'loK5 [v':arch 25. 2008 Pngs 37 of 116 SECTION III RESIDENTIAL "Roo DEVELOPMENT AREAS 3.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A," the Amended PUD Master Plan as "R" "Rl" aRd "R2". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 590. The subject property contains a gross acreage of 532.09 +/- acres and base density of 1.11 dwelling units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "R" "Rl" aRa "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 DivisisR 3.3 !IIla Di...isioR 3.2, resf'eetively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. Princioal Uses 1. Multiple-family dwellings. 2. Guest suites and cabanas. 3. Any other principal use whicb is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" "R I" afla "R2" Districts. B. Accessory Uses 3.1 , i II I I' , 1. Uses and structures customarily associated with principal uses permitted. 2/28/08 revision p.';jenda Item f'-lo. 16K5 March 25, 2008 Page 88 of 116 2. Recreational uses such as, but not limited to, clubhouse, fitness center, health spa, tennis courts, swirnming pools or similar recreational uses. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" "Rl" 1l!I~ "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 are not specified herein or within the cocohatchee Bay PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. C. Off-street parking required for multi-family uses sball 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 Dr driveway from any abutting road. D. III tRe eveRt tRe Develeller llllilas tile mllltil3le family hellGiRg I3laeea iR tile area eet.::eea TBFfJ8n Cave aRa PalliR; ,~.ratefs, a miRiffl1:lFR Elf 30 perccflt of the mllltij'lle fami])' llollGiHg shall lle snored te sffil3le)'ees of tile golf eearse with 1311rellase j'lriee sr reRtal rates eElRsis!eRt witll tra~itisHally aeeej'lted Ilollsillg essts to illeeme raties. AMENDED COCOHATCHEE BAY COMMUNITY DEVELOPMENT STANDARDS FOR "R" DISTRICT TABLEl!! DEVELOPMENT STANDARDS !qw.! ~ NON HIGH HIGH-RISE Mill.TI FAMILY' RISE (Other Multi. Family Dwellings' Structnres)* Minimum Lot Area N/A -I-AeFe 1 Acre Minimum Lot Width N/A NIA N/A Front Yard - Interual Road *t 0.5 BH not less g,5 BH RBt leos 0.5 BH not less than 25 feet IR'R 25 foet than 25 feet Front Yard - Accessory Bldg. 0.5 BH not less 0.5 BII Rot leos 0.5 BH not less Includin~ Parkin~ Structnre than 25 feet theft 25 feet than 25 feet Front Yard - Vanderbilt Drive BH NIA N/A Front Yard - Accessorv Bld~. 50 NIA N/A Side Yard 0.5 BH M 15 Rear Yard Principal O.5BH M 12 Rear Yard Accessorv 15 W 10 II 3.2 2/28/08 revision U-If Item r'~o. i .3f<5 ! MalTh 25, 2008 ?age 29 of 116 Maximum Bldg Height 20 stories for a maximum ~ 35 hei .ht of 200 feet *2 Distauce Between Principal Structures 0,5 SBH *3 05 BII RBt Ie," 0.5 BH not less thBn 15 feet than 15 feet F100r Area Min. (S.F.) 1800 SF 1200 ~p 1200 SF *4 BH: (Building Height): Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of dctennining setback requirements. All distances are in feet unless otherwise noted. *1 Front yards shall be measured as follows: A. If the parcel is served by a public right-ot-way, setback is measured from the adjacent right-of-way Jine. B, If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). *2 Building height for the north property line adjacent to Arbor Trace in the "R-1-" tract shall be 11 ~ stories for a maximum height of 175 MG feet. *3 Where buildings with a common architectural theme are angled. skewed or offset from one another, and walls are not parallel to one another, the setbacks can be administratively reduced. *4 For accessorv uses includimr cahanas there shall be no minimum floor area. 3.3 I i I Z/28/08 revision ---1f Agenda item No. 16K5 March 25, 2008 : Page 90 of 116 I I SECTION IV GOLF COURSE "GC" DEVELOPMENT AREAS 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for Development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures I. Golf courses and golf club facilities, caddie quarters, clubhouse, guest suites, including temporary golf clubhouses. 2, Uo to 2 single-family detached dwelling units. l" ~ Project information and sales centers, :L;' 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. I " ,l" Anv of the uses of the "p" District subiect to the development standards of the "p" District 6, +.- Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. B. Permitted Accessory Uses and Structures I , Accessory uses and structures customarily associated with the principal uses permitted in this District 2, Pro-shops, practice areas and ranges. golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 4.1 2128/08 revision ,'~\~l;:;<:lda Item i'Jo. 161<5 - March 25, 2008 Page 91 of 116 I' 3. Retail sales of associated recreational equipment and apparel, such as, but not limited to, golf, tcnnis, 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 recrcational opportunities for members. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS - GOLF FACILITIES A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries. B. Accessory structures shall be set back a minimum of ten feet (10') from Golf Course District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. e. Lighting facilities shall be arranged in a manner which will protect roadways and rcsidential properties from direct glare or unreasonable interference. D. Maximum height of structures I. Principal Structures - 2 stories for a maximum height of 20 fcct. 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) squarc feet of gross floor area, which shall be considercd inclusive of the required golf course parking, provided the golf course and recreational facilities are private, otherwise, applicable provisions of the Land Development Code shall apply. G. The golf course maintenance building shall be located a minimum of 1750 linear feet west of U.S. 41. 4.2 2/28/08 revision ----- r Agenda Item No. 16K5 I March 25, 2008 Page 92 of 116 H. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 4.4 DEVELOPMENT REGULATIONS -SINGLE FAMILY CRITERIA No building or structure. or part thereof. shall be erected. altered or used. or land or water used. in whole or in part. for other than the following: A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course District boundaries and private roads, and two hundred feet (200') from all PUD boundaries. B. Accessorv structures shall be set back a minimum of ten feet nO') from Golf Course District boundaries and private roads. and two hundred feet (200') from all PUD boundaries and residential tracts. Fences. gates and non-habitable gate houses are exempt from the requirement of Paragraph 4.4.B. DEVELOPMENT STANDARDS FOR "GC" SINGLE FAMILY TABLE III I ! I I I DEVELOPMENT STANDARDS "GC" Sin!!le Familv Detached Dwellin!!s Minimum Lot Area 15500 SF Minimum Lot Width 100 Front Yard 20' Front Yard for side entrv l!ar8l!es to Side Yard 25 Rear Yard Principal 20 Rear Yard Accessorv ]0 Rear Yard S~ial" 10 Maximum Bid!! Hei!!ht for principal and 18 zoned height accessorvstructures Distance Between Princinal Structures 10 Floor Area Min. IS.F.l 1200 SF All distances are in feet unless otherwise noled. * Front yards shall be measured as follows: A. If the nared is served bv a DubHe riphl-of-wav. setback is measured from the adiacent riQhtMof.wav line B. If the narcel is served bv a orivate road setback is measured from the back of curb (if curbed) or edQe of Davement (if not curbed). U Rear yards setbacks for orincioal and accessory structures on lots that abut oreserves shall be oer the Land Develooment Code. 4.3 2/28/08 revision ":;~: Cd ItE:lTI No. 16!<5 r'J1arch 2.5 2008 Page 93 of 116 -------- I' I, e. Permitted accessory uses and structures: a. Customary accessory uses and structures, incIudine but not limited to: i. Covered oarkine. attached and detached earaees. ii. Recreational facilities includine but not limited to pools and tennis courts 111. Equestrian barns and aoourtenances IV. Water manaeement facilities and lakes v. One (I) euest house (as allowed bv the Land Develooment Code) oer principal structure and two (2) service quarters suooortine the orincioal structure. The euest house and service quarters combined shall not exceed 40% of tbe size of the orincipal structure. The service quar1ers will not be counted as additional densitv. vi. Storaee facilities b. Anv other accessory use which is comoarable in nature with the foreeoine uses and which the Board of limine Aopeals determines to be compatible in this district. I , , 4.4 2/28/08 revision SECTION V ..'\genda Item ~jo. 16K5 ---n~- March 25. 2008 I. Page 94 of 116 I I I 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 PERMITIED No building or structure or par1 thereof, shall be erected altered or used, or land used, in whole or in par1, for other than the following: I, A. Principal Uses I. Passive parks, passive reereatiaRal areas, asarawalks. 2. Bil~iRg, hikiRg, aad AattiTe trails. 2. Passive recreational areas limited to the followinl!: 1. Boardwalks ii. Bicvcle paths iii. Environmental uses (wetlands and conservation areas) iv. Flower beds v. Golf cart paths * vi. Pathwavs and/or bridl!es vii. Handicap ramps Vlll. Equestrian uses and trails * ix. Fitness trails and shelters * L Hikinl! and nature trails xi. Open space drainal!e svstems (required for the permittinl! of the proiect) XII. Parkinl! lots (in support of anv use within this section) * Xlll. Sidewalks * xiv. Underl!round drainal!e xv. 'Vater Darks (fountains) 5.1 2/28/08 revision XVI. xvii. xviii. xix. !&. xxi. XXiI. xxiii. XXIV. XXV. XXVI. xxvii. * East of Vanderbilt Drive onlv. ,. 118m iJo. lm',5 \';:::jrC;~l 25, 20CLj ?age ~;5 of 1 '16 Lake (including structural bank treatments) Boat (non-motorized). kayak and canoe docks Fishing piers Guardhouses. gatehouses * Passive parks. with passive recreational uses subiect to this section. [Intended to be limited to the definition in the Land Development Code 1 Gazebos Picnic areas Wildlife sanctuary Recreational shelters. in preserve upland areas on Iv Drainage and water management facilities as mav be reQuired bv SFWMD Motorized devices reQuired bv phvsically impaired individuals. Restroom facilities * 3. Celf em !latlls ar-e !leFffiinea iR tlle !lreserve areas olltsiEie tlle limits of tlle bald eagle fJrimary Z8Re. 1. '''ilEllife 5aRe~tlary. 5. Patllways aRd or briEiges. 6. ReereatisRal sllelters, iR Preser';e 1l!llanEi areas. 7. DrwRage aRa ?<iter managemeRt flleilitios an may be reCJllired b)' SFWMD. ~ &. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Departrnent Director determines to be compatible. 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with SoetieR 3.2.8.4.7.3. 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 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'). 2/28/08 revision 5.2 -- - -.-------.-- i;gendaJ~~hi~~, 1~~~-r'~~ Page 86 of 116 Minimum distance between principal structures - Ten feet (10'). e. 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 AnON EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code, Seetiell 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 cornplying 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. 5.3 2/28/08 revision , - --- lteI111-h,1:jr(5 r\/~:::lI"::;h 25, 2ClC)g Page D7 of 1 'i:3 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 rcgulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, DivisisR 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!reement 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 sf SeetisR 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. e. 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. I I I! 2. Reconfiguration of lakes, ponds, canals, or other water management facilities where such chatlges are consistent with the criteria of the South 6.1 2/28/08 revision I ..r-- Agenda Item ~'Jo. 16K5 March 25, 2008 Page 98 of 116 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 DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Cocohatchee Bay Project is conternplated in calendar year 2000 with cornpletion of the golf course and Project infrastructure anticipated to occur in calendar year 20001200 I. 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 20 I O. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to SeetisH 2.:.3.6. sf the Collier County Land Development Code. C. The Cocohatchee Bay PUD shall be subject to the Sunset Provisions of SeetisH 2.:.3.4 sf the Land Development Code as modified bv Paragraph 7 of the attached Settlement Agreement and Release. 6.5 POLLING PLACES Pursuant to SeetisH 2.6.30. sf the Land Development Code. provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, that such common facilities may be used for an electoral polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE fLDC) A. Sidewalks / bike paths shall conform with SHBseetisH 3.2.8.3.17. sf the LDC. Due to the environmental issues on this Project impacts are to be minimized. 6.2 2/28/08 revision It8111 !'JO-~:Y5 r~._.m fv1al'ch 25. 2008 ?age 'jg of 1 ~ 6 I R Private streets shall conform with the right-of-way width requirements of SlI13seetisH 3,2.8.4.113.5. of the Land Developrnent Code y;x; except as follows: 1. Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimurn fifty foot (50') right-of-way width and two ten foot (10') wide travel lanes as required by the Land Development Code SHBseetioR 3.2.8.4.113.5. 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 Development Code SlIBseetisR 3.2.8.4.113.5. 3. Tangents between reverse curves shall not be required under SubseetieR 3.2.8. U 13.10. of the Land Development Code. 4. Street grades may exceed four percent (4%) under SlI13seetieR 3.2.8.4.113.14. of the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FOOT MUMS) and AASHTO criteria are met. 5. LDC SHbseelioR 3.2.8.3.19.: Pursuant to the Land Development Code. !+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. WC SlIBseetioH 3.2.8.4.113.8.: Pursuant to the Land Development Code, !+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 TRANSPORTATION - For Additional Information. see Settlement Al!reement and Release A. The Developer shall provide a fair sbare 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. Ii R The Developer agrees that Collier County reserves the right to disallow developer improvements within Vanderbilt Drive, EastlWest Livingston Road, and/or \Viggins Pass Road rights-of-way if such improvements conflict with or 6.3 2/28/08 revision r--- Agenda Item r'Jo. 16r<5 March 25. 2008 Page 100 of 116 negatively impact public roadway, drainage, or utility facilities planned as part of future four-Ianing construction. e. 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 feel. 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 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 tbe county. 6.4 2/28/08 revision r 1['3n1 I~o. -16KS r\~arr:::h 25, 2008 Page 101 of 116 G. The Developer shall design and pay for any required road improvements to Vanderbilt Drive that will provide access for the Project (this includes turn lanes and other improvements such as lighting). If these improvements are made prior to the construction of the County's Vanderbilt Drive four-lane expansion project, the Developer shall pay the design and construction costs related to access for the Project for the existing two-lane section of Vanderbilt Drive. Future four-lane expansion of Vanderbilt Drive shall include the Project's access and shall be designed and paid for by the County during the construction of Vanderbilt Drive. If these irnprovements 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. II H. The Developer shall meet the stormwater attenuation and water quality requirements for the future EastlWest Livingston Road between Vanderbilt Drive and US 41. The Developer shall be compensated for the storm water management commitments at a rate to be determined. The Project shall accept future stormwater 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. II 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. e. 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: 2/28/08 revision 6.5 il !' i I ---'.,----.-~...,..._....r.- -, Agenda Item No. 16K5 March 25, 2008 Page 102 of 116 1. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the Project at locations to be mutually agreed to by the County and the Developer during the design phase of the Project. D. A water distribution system shall be constructed throughout the project development by the Developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights- of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. E. All construction plans and technical specifications and proposed plats, if applicable, for the 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 WaterlSewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. G. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. 6.9 ENVIRONMENTAL The development of this Amended PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. 6.6 2/28/08 revision it-::;;n r\jo.16r'~5 March 25, 2008 Page 103 of 116 Buffers and setbacks shall be in accordance with 3.2.8.4.7.3. of the Collier County Land Developrnent Code. e. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the u.s. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species 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. :\Il)' EffilellaffieRt ts the Bala eagle MEHlagefflellt PiEHl shall reqllire reyie'll of tile ER\'irsRffi0Rtal ~'\.8';isery C0HAeil Sf aR)' :;1:leeeSSElf BSG)'. 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. e. 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 WATERMANAGEMENT A. An excavation permit shall be required for the proposed lakes in accordance with Di.,'isisll 3.5 sf the LaRa De\'elsl"lfleRt Ceae Collier Countv Code of Laws and Ordinances and South Florida Water Management District Rules. 6.7 2/28/08 revision ,o,:;enda Item NO~~~~5 -I March 25 2008 I Page 104 of 116 I ' I 6.12 HISTORICAL AND ARCHAEOLOGICAL Pursuant to SeebeR 2.2.25.&.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 imrnediately 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 Signs A. Two (2) signs with a maximum area of 40 square feet each or one (I) sign with a maximum area of 100 square feet shall be permitted at each entrance to the Development. B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest centerline grade of the nearest public or private right-of-way to the uppermost portion of the sigu structure. e. Entrance signs may be lighted provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. 6.8 2/28/08 revision - rr----- , Item t~o. 1':jf<5 r\1a:-ch 25, 2Y)8 Page 1(15 of 'I i>3 3. Proiect Signs A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use within the Project shall be permitted along the east side of CR 90 I, 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: Ii !! I) 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 (I (0) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along the CR 90 I 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 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 DivisisR 2. q I. 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 , :1 I 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 LaRa De'..elsjlmeAt Csee 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 DivisisfI 3.5 sf the Lana Develejlmeflt CElae 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 said Oh'isioR 3.5 are applicable. 6.9 2/28/08 revision -~ Agenda !~em No. 16K5 March 25, 20003 Page 106 of 116 EXHffiIT B COCOHATCHEEBAYPUD AMENDED BALD EAGLE MANAGEMENT PLAN The foregoing Bald Eagle Management Plan has been coordinated through, and approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. Fish & Wildlife Service ("USFWS"), and the Florida Fish & Wildlife Conservation Commission ("FFWCC,,).t A. PROJECT DESCRIPTION The ap~licant proposed to construct five high-rise condominiums (each 17 to 20 stories) , a social and fitness center, a golf driving range,3 tennis courts, guest cottages, parking areas, and storm water management facilities on a 11 1.3-acre project site. THe llflplieaAt a1se will prepese te Bliil!! a 35 slip Beat !!oek faeility. ABY SlieR faeility reqllires fUHRer permittiBg 13y Cellier CeliRty Em!! is RElt appro~/ed BY tRis Bala Ea.;le ~fElBa.;eFReRt PIRR. ConstrnetieR aetivities associated witR tRe prejeet will impaet 1.52 aeres of freSH water y.tltIan!!". TEl eefRl"ellsate fer ifRflaets to T::etlaRds, the EiflfJIieElflt Has proposed to fl1:lrehase mitigati0R eredits froHlllR appFGveel mitigatiElR ~"lfIIL To compensate for unavoidable effects to bald eagles at nest CO-19, and now CO- I 9A, the applicant prspsses ts 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 CONDITIONS4 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. " I: , 2. Land clearing and the initiation of construction of condominium number 1 also would be initiated in the non-nesting season (May 16 through September 30). However, construction of this 20-story building, which is I This section is from the DESCRIPTION OF THE PROPOSED ACTION section in the U.S. Fish & Wildlife Service's Biological Opinion dated February 27, 2004, as amended on February 6 and February 27.2007 2 In accordance with the Cocohatchee Bay Development Standards, buildings #1, #2, #3, and #4 are 20- stories and building #5 is 17 -stories. 3 Private practice area. Not open to the public. 4 Biological Opinion dated February 27, 2004. Page 14. as amended on February 6 and February 27, 2007. .. --If .... 11'001 :"0. 16,;5 ' March 25, 2008 I Page 107 of 116 anticipated to take about 2 years to complete, would not be limited to the non-nesting season. The staging area for building number I would be at the future location of building number 3 (Figure 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 remammg 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 I. 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. I I: 6. In the event the bald eagle pair returns to CO- 1 9 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 cffects to eagle nest CO-19A. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory must include sufficient area to accommodate alternate nest trees in the event that the primary nest tree is lost. The permittee will use best efforts to locate and secure a territory in Collier County, but reserves the right to search elsewhere if an acceptable contract cannot be secured in Collier County. C. ADDITIONAL TERMS AND CONDITIONS5 5 Amended Biological Opinion dated June 30, 2004 pursuant to a request for letter of technical assistance from Collier County. Page 4.5. as amended and I or re-stated in the February 6 and 27, 2007 Biological Opinion. I I i I I I' Agenda Item No" 16K5 March 25, 2008 Page 108 of 116 -1'- I I 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 2008). However, once initiated, construction activities can carry over through the nesting season until the construction of each condominium is completed. 2. The applicant has agreed to purchase and preserve an offsite bald eagle nesting territory prior to the initiation of construction activities for the project. Securing a territory may be in the form of fee simple title or a conservation easement to be granted to an acceptable third party. The territory rnust 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 60-foot artificial nest tree on a salt flat approximately 5,000 feet northwest of the existing nest tree CO-19. The applicant shall utilize diligent efforts to attempt to obtain the necessary federal, state and local permits. The 6 Biological Opinion dated February 27. 2004. page 15 I, I, Item ~,Io. 10K5 March 25, 2008 Page 109 of 116 purpose of the artificial nest tree is to ascertain if eagles that are utilizing nest CO- 19 will relocate to the adjacent artificial tree. This specific location was chosen because it is within the territory of the eagles that nest at CO-19, farther than 1,000 feet from the proposed condominium construction area, well buffered from other potential conflicting land uses, and will minimize disturbance to wetland resources. The geotechnical engineer (ASC Geoservices, Incorporated) suggest that actual fill for the base structure in the salt flat wetland will be limited to a 25- square foot area, and can be pile driven by a crane from a floating barge. Water depths are adequate to reach the site, and representatives of the South Florida Water Management District will accompany the contractor during barging and tree installation to ensure that environmental damage will be minimized. The artificial nest tree will use technology developed for monopole cell towers with artificial bark, limbs and needles matching that of a mature slash pine with a crotch configuration suitable for construction of a nest by bald eagles. The tree will be designed to withstand 140 rnph winds, be lightning 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 Cocohatchee 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. I. I i . il 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 condi tions approved by the agencies listed above and such revisions shall automatically become part of this Bald Eagle Management Plan and no further action to amend this Bald Eagle Management Plan shall be required. F. PHASING PLAN In accordance with B & C above, a phasing diagram has been included for reference. See Attachment 1. G. REASONABLE AND PRUDENT MEASURES7 7 From Biological Opinion dated February 27. 2004, pages 13-14 .t\genda Item No. 1GK5 March 25, 2008 Page 110 of 116 f~ - 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 pef week while construction is occurring. Item Ijo. 16K5 March 25, 200a ~~~,.'.~.-..~ I ~ ~ ~d ., 2; ~ ;, '" ;:?'\ ~ ~ ;, I' [1'1 d~ih Ir~f (1)l... V)O V)- ~~ @O > pll . li ~ j" ~ .C ~ ~ i e- z -------------- --- '" ~.:~ [ :0:;:': ~~ g ,'N ;:,' cJ --- / -- \ '> , > , , , " >' , ,j , .;-, ~ \) ;-\~\t ~. +, \~ ) \t " " .00' .i ~ . t t I , I I . , 1/ . '/', ./' t i ~ I~ " ~ ~.....~ ,:'. " -- ,-~/~~ ~, I . ".. t . >1 " \ \ . ,I .... !:: - , I ' II' 1 l~ I', 1 I: ~ "l\ , j! LJ ' I '--l ' /o~.'i > >, >. ,",L<~I'[ c\1')l1:dH:1r:I'" > > , " ---- '. ~-). .....~/:. ~~rt:i;i1~1W;'I:ti;1;r;t~t:lh:~~u~ U~ l;~:l;1;t}liU:hi:" t ) ., ,I /:_;T~I;:rF{:~h~:I;):j::td:1;lLi:H~ii::~i\lttn~ld::~ m~ U;1--1~im:;r:\~Wl::li~I;;) '. I. '. ~ -- i):\::~;"'t'::!],'~~it!L.{;,!,~i~~l:(~:n~:i~~:ti\:i;m}I~:~;t:ki\~;:\ ~:~ ~~:~\:\~t,,:\:r1::';f:~\~~ij \ ,/' I. _ - ,,-....;..if:,), :\;;:;\: ,;;\:~:;\;k~: ~i:\:~:l;~ij~;~;:\;I~~:~::L;:r:~,~d~:\: ;~~ h:\ b ~;~:~;~~~;~;N~:b f::l'! / ~ " " I 'I> , , J l00D' \ ~ ~ I I , , I , tl I I " " , " g , ~ ~ j s ~ ~ ~o::: II) 5 11)'''' .o~ u 0 ~..-l ro~ .oiG OZ~ U" ' O~ ro ;.; U~~ ~ . 3 ~ i ! iQ. !, I~ '~ ~ I ~ l'l ~ i i :~ 0, Ii Ii ,I ~ i ~ d ~ ~ II ~ Attachment 1 to BEMP l--~~ ~=~~~-~_~:~:=~--=~[=~~~::i::-::---~~==J------- 1-------- I ~ v\~ ~:::~c."'c.;/-~. _~ itsL===:Of;.'" Lee, ~.;) Cf\ j l I~JJ- :.) - C~~~. -,.c<" =-=-_),-cc:::::::d7' I\....~ \ K -. :~-'----""-'="'--- f"~~-----" ./ 'Jl-:~.:'t 1 ). (, \0 (_ C),--J D r ""-~-C"~"<~iY '\1 1~~'."u....J..q.;.S~ry..~,..r:......~,... Jf(: ri1" :l.'JI7' ~\\I\ ~c\\)C\~-I'\i !1;~["\li \<~\) \ II... ~ \ ",= :\1)) . I.: ,! _;='~i3 (0 \~\~ \~ if 1 -Jj \.....0.:.....'r.~.....'.,,~...........\.:..,~......./..~ (\~I : J (II 'E ---\__~:~~, _'>_ "-'- '-~\~\~ "c.)f J ~ : /; CZ<:t:"!r>., ( ".- -c~--'.~_::z~ ,". -:"''"d' -Y" : "1(\ '.: "-'--\ "~"-' --",'--. " -.\- ,~ ~~:. Ll', .'" \ --<'-'"-'~---:--'-'-''' ,~~lr:J ,'\-....: i:'" ':,,\: .. ......... ...';,.;o.~';,u,,~. "'.....'!',-:!.,.. .l'...'!... ...._ .......J......'";......Io...I'\, . -" _'\'.: ,_', '"..... ...._,."..-;::::-.r':' -'" ,-... \ '.. \-'\ \ , '." . -, '''--i' "'''-=-~'--~')'\ "'", 1_-.::.'.," (>...,,, ':-,,---, ,.:l.::,,)/ \ (..,"-: \': .<,..~,-~,~~"_ -;~':=:~'::'-~~::m___~m '. -,-. " ) ,\Y\ I '\r--"\: \.\ "::..":.. -. ~~:. ..:\~.............. ;-'.'~"\";':".\' .;,::.; .~(; "!'T~" '\ -,,---- --^- "..-----.----...,,---- '~""I Agenda Item NO. 16K5 -" March 25, 2008 Page 112 of 116 a ,. ,. ,. ,. ,. OJ OJ ~ ~ OJ :;;! Ii! Ii! 'I; r- .. '" - '" '" ~ ~ '" '" '" "' '" '" '" '" tii <0 ~ ~ ~ ~ 0) ,. ,. ,. ,. ,. ,. ~ () ~ () ~ () OJ OJ OJ m m m m m m "._, *":"':/ " ----0, .,.,., i __...._ L.. I>! ~\.~ i'l ~.._--- /<;iii-//- """~/-/'- ./ Exhibit 3 to Settlement Agreement and Release COCOIIATCffEE BAY r,,',',-:-. It. , ~_ 't L_, r V ~"'ASSE & J.,'F:\ ,~' r'-,.;' GOLF COLJRSE EXHIBIT '''~-;-;:r(> N~... n~'H"":-' iJ""" S",I", ';00 F",,-t V"lO"'''. rJ :U,Vq :<A' ,1'.'.-' .V ~~ 11'_ -E j/,\ S .. ..L( \ I L ~ I, IIORlHI:.'?N PUD i. ALONG WESTERN r R/W = 2017 L.F. +/_"t;.,:./~:,;:_>:,i, 1 (i 0' WiDE SIDE:WALK TO 8E::~,}~r, [,: \: . CON'OTFIUCTEe(I?i:PLACED) :",': A~ : \/'._)C I .1l,eJ' ",~". ;;,.:! I '" J : \ r-- ..;, ;i J i \'L__. i . I L-i, II ,10: II \.,' (t:PJ'Y \, kltC.\1 I ,ll" (,iii, ,I / I" ( I~ _l__~jj SOUT.i-lEPN PUD rRONTACE: j' ALONG WESTCRN l:A.NDEP8ILT DR R/W = 1,692 LF. +/. (: 0' WIDE S!{JEVlA.t..k,- TO fiE CONSTF?UCTFiijREPLACED) Vanasse 15"'~7-'S'.'!C9 Davlor I, 'RM; JL ' rrnJr.'Jli'" EOJJ7 - a~ L ~ '. P..oenda Item No. 16K5 " March 25, 2008 Pa~e 1130f116 .~ 1 ,: ,., ';, ( "" ~ ~..I: .~ "",:,. ~";';'"fi ~"-;-""J S!DEW~1U\ (:0' WIDE MULTf--!.../SE: AS,PfIALT) f'DlMl'lllll.. Exhibit 4 fo Settlemcnt Agrecment and Release ,Ill O!;;'/'~:;1 )6, q)JO ~." Bo ' ,~ , " ,to ~';'l!'~~';'~'j'CI f m4l1Hl' J ",,,,d,,,,,,,, -- COCoh8tchee Partners, Ltd. e)Q '.,iU,'Ci (~l~ C;,',\e. SU,'te XJ(l 1,lade;, n J4!OB .VJ.:.k I' ~ ''Yo' ~~ Jl "'0"' ,-"-", J r,(:1mu, KfNSALE CONDOMINIUM (COCOHATCHEE BAY P.uDJ PUD H/W FRONTAGE EXHiBiT .'-,'hf'd No,1 of 1 .'.\....~~ \\ .L\genda Item No. 16K5 March 25, 2008 Page 114 of116 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 Harris Act claim purportedly arising from denial of an amendment 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 tbe Board of County Commissioners consider approving a settlement agreement with Lodge Abbott Associates, LLC ("Lodge Abbott") (owner of the Cocohatcbee Bay Planned Unit Development) to resolve alleged claims, including an alleged Bert Harris Act claim purportedly arising from tbe 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 Rigbts Protection Act, Section 70.001, Fla. SIal. 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 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 witb Section 70.oo1(4)(c), Fla. SIal., which provides tbat governmental entities shall make a written settlement offer when confronted with a Bert Harris Act claim. Section 70.001 (4)(c) provides broad autbority 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 tbe statutory scbeme: 1. An adjustment of land development or permit standards or other provisions controlling the development or use of land. 2. Increases or modifications in the density, intensity, or use of areas of developmcnt. 3. lbe transfer of developmental rights. 4. Land swaps or cxchan ges. 5. Mitigation, including payments in lieu of onsite mitigation. 6. Location on the least sensitive ponion of the property. .<\genda Item No. 16K5 March 25. 2008 Page 115 of 116 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 tbe development order, a variance, special exception, or other extraordinary relief. 10. Purcbase of the real property, or an interest tberein, by an appropriate governmental entity. ] J. 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, wbich 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 tbe terms in the written settlement document were essentially agreed to at the December 12, 2006 meeting. Nevertheless, it is important to calltbe Board's attention to several terms and circumstances whicb 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 wilJ be reviewed by Transporta~ion prior to this Board meeting. Seeond, in paragraph 10, there is an express reference to Ule minimum building separation for high-rise buildings as set forth in the Cocohatchee POO. Lodge Abbott is requesting 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 of the project, it now has to design its buildings differently. Staff review indicates that in light of the settlemcnt 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 whicb permits this separation. Staff recommends, therefore, that if this language in the Settlement Agreement and Release is approved, the ability to administratively reduce setbacks/separation for buildings is no longer necessary and sbould be deleted from 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 Abbott'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 a('cached as Exhibit I to the Settlement Agreement and Release, allows for additional revision by the U.S. Army 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 ofa new nest site within the PUD boundary. ., T Agenda Item No. 16K5 March 25, 2008 Page 116 of 116 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, state or federal permits for the project. At the December 12, 2006 meeting, generally only federal requirements were discussed in this regard. FISCAL IMPACT: The 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 POO amendment in May of 2005. 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 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 Ill. 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 tbe terms of the settlement agreement. RECOMMENDATION: It is recommended that the Board of County Commissioners consider approving the attached Settlement Agreement and Release with Lodge Abbott and authorize the Chairman to execute the Agrcemcnt. PREPARED BY: Michael W. Pettit, Chief Assistant County Attorney 06-CMD~OOO24{]275 3 l . llo~~ fr Red text -11//3/07; Blue text- 1/11/08; Green text - .lAX change.f as per CCPC direction 6\';'3"\ (J Purple text - 2/25/08 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 COWlty Commissioners of Collier COWlty, Florida (the "COWlty") and Lodge Abbott Associates, LLC ("Lodge"). WITNESSETH: WHEREAS, on or aroWld May 10, 2005, the COWlty denied Lodge's Planned Unit Development ("PUD") Amendment request, a request that more specifically asked for an amendment to the PUD's Bald Eagle MlIl:Ul~ement 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 Circuit 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 Lodge Abbott Associates, LLC v. Collier County, Case No. 05-967-CA; and WHEREAS, on or aroWld May I, 2006, Lodge submitted a notice of claim to the COWlty purportedly, among other things, pursuant to the Bert J. Harris, Jr., Private Property Rights Protection Act ("Bert Harris Act"), Section 70.001 et seq., Fla. Stat.; and WHEREAS, in accordance with Section 70.001(4)(c) of the Bert Harris Act, the County met at a regularly scheduled meeting on December 12, 2006 and authorized the making of a written settlement offer to resolve any and all claims Lodge had against the COWlty; and WHEREAS, the selt]emellt offer aile this Agreement and Release protects the public interest served by the regulations at issue. COURty'" LaRa De';elo!"meRt Ceae ("LDC') aRB Gn:m1h Managemeflt "JaR ("'GMP") BY. amoRg other things. flfO\'iaillg for eertaiR eRYiFGRRReRtal enhallceRRellts te proteet Bale eagles ell Lodge's PI.:D !"rellert). 2/28/08 revision -rtm IIp( - ( Red text-11/13/07; Blue text- J/ll/08; Green text - .lAX changes a.f per CCPC direction Purple text - 2/25/08 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 hoWld, Lodge and the COWlty 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 reference into this Agreement and Release. 2. The settlement documents will consist of the original PUD Ord. No. 2000-88 (Exhibit 1), the amcnded PUD (Exhibit 2). the revised Bald Eagle Management Plan for tOOt lli~ ameQded PUD (attached as Exhibit "B" to the amendcd PUQ1 a co!")' efwhiehis allaelW8 to tHis ,'\greement and Release as E)(Aibit I. a phasing diagramyntitled "Cocohatchee Bay Golf Course Exhibit (Exhibit 3), and,a Pathway Depiction (Exhibit 4)" This Agreement and Release .wR-iffi expressly states the acceptable deviations in development standards from the original PUD. \, Absent an express term in this Agreement and Release, the original pu~ will control. 3, The settlement shall be contingent upon three site development plans ("SOPs") 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. 1ft aeeSF611R8e '/fitA ..... ~.~ co,_ B8f82f8Bft 1'7 ef this ll2feemeat ana Release. he'.~/~:er. the BaRies else 8eNe that a reieeaeft of 8ft~; sf tke SDPs seeeifieall.,' felatiR2 is an,' -;J&~: fa ileelEs shall Ret fall ,\ll}ithia the ee8tiR~ef1e~l states ill this eanUlf89B ana SHall La He ?'8~; alter the biediaf: RSt1.if6 sf tais ~'\creem.eRt ana Release, These three SOPs are identified as AR5282, AR5283 and AR5284. 4. The County will expedite the review of ffle tb_e,se thr~~ SDPs and all future building permit applications submitted by Lodge or aa) sHBse'lHeHt Ilurellasers of tile property. The existing environmental impact statement ("EIS") does not need to be amended unless the SDPs are revised to increase s1:I8stantiaHy aIReH8ea. 18 tais iRs~Ree, a sliBstantial 8Ffleaameat to 2/28/08 revision 2 :L1a)1 ~~f..5 ( Red text -12/13/07; Blue text- J/J J/08; Green text - .lAX changes as per CCPC direction Purple text - 2/25/08 tt.!e EIS shall Alellll MY illeJles8e iA wetland impact beyond the impact currently permitted by the South Florida Water Management District and the V,S. Army Corps of Engineers by more than five (5%) percent. 5. Lodge agrees to contribute $3 million to the County for affordable workforce housing. Payment shall be made at the rate of $600,000 for each of five (5) residential condominium buildings to be built by Lodge at the time each building permit is issued. This payment shall be a credit against any affordable workforce housing fee adopted by the County. If no fee is adopted or if the fee is less than the payment set forth, the County shall retain the excess payment. 6, Within fifteen (15) days of the Effective Date ft55ftlyal e"eeulieA of this Settlement Agreement. the 3J'lllre'o'al ef the latter of tile three SDPs, Lodge shall contribute the ( sum of $3 million to the County to fund Vanderbilt Drive corridor improvements and bridge enhancements, No impact fee credits shall be giyen for payment of this sum. Lodge recognizes that the County may request additional contributions up to the proposed road impact fees due for 590 dwelling units to assist the COWlty in funding the construction of the Vanderbilt Drive Bridge enhancements. No such additional contributions shall be required, however, Wltil the County provides evidence that all parties 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 transportation impact fees upon approyal of the SOPs. Th5~e funds;;hal[ be refuJ1dcd to Lodge should Lodgc. 12.~11]1ancntl:i, p~vcnt<;Q..Jrof1) cQ.ntmcllcing construction based upon actions by an, governmental entity _,,, apy thitd party. ,J.;ountv_sl13ILbe .entl11<;u to retain thcse funds without any necd lor rcimbursel1lcnt ,@oJLthe earli"CQLi!.L19..9,g<.:~~ 2/28/08 revision 3 T-k'Yh :#: I "t.6 ( Red text -12/JJ/07; Blue text- 1/11/08; Green text - .lAX changes as per CCPC direction Purple text - 2/15/08 commencement of construction of the first tower. or (2) the exhaustion of time to file any third party challenge with respect to any matter concerncdJ,-y.Jhis AgreenleJ1l and the attachments hcret,C>, 7. Lodge and the County agree that the Cocohatchee Bay PUO shall be exempted from the County's PUD sunsetting provisions within the LOC until the 1I1lllffivaleNeellfteR J.Jt;';"Jilcc:L).~le of [his Seltlement Allreement the.!!!g laMer efthe tln-ee SDPs ~ _ Iifl!"rs';ea. At that point, the five year sunsettillj provisions Hew ill effect in the LDC (see LDC Seetiea HHl2.lJ 0 l.a) shall govern. Lodge still shall be obligated to provide annual PUD monitoring reports, 8. As each residential condominium building receives the first a certificate of occupancy or temoorarv certificate of occupancv, Lodge shall record restrictive covenants on one-fifth (liS) of what is known as the GC Parcel. and when all five coyenants are recorded. thev 'Nhiafi at the time the eatire project is ae";slsJlea will restrict the use of the entire GC Parcel to two (2) residential units and the uses described in the Pun for the golf course deyelopnient area. The phasing diagram of this requirement is attached as Exhibit J. These restrictive covenants 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 for those portions allowed for the two (2) residential Wlits, shall remain forever as green open space and be limited in perpetuity to the uses expressly allowed in Paragraph 5.3 of the ammcl-,cl PUO Gffi-;-';". ~OO(}..u..ffiF-the Preserve Parcel. 8...~visions to these res(ricti\'ecovenants will rs:quire a sUDelmaioritv vote of thc Board of County Commissioners, 9. To fully satisfy its obligations to construct ;itJ~'''IIl. PllHmllV.i sidcwalks along adjacent off-site public roads, Lodge shall construct a pathway ten (10) feet in width on the 2/28/08 revision 4 l-on ~Ifo~ Red text - J 2/J 3/07; Blue text- J/J J/08; Green text - .lAX changes as per CCPC direction Purple text - 2/25/08 western side of Vanderbilt Drive (consistent with the Comprehensive Pathways Plan adopted by the COWlty in 2006) in lieu of building a sidewalk l'lath'Nuysidewalk on Wiggins Pass Road and a sidewalk ~'a, ~i,jewa]k on the east side of Vanderbilt Drive. The siaowalk pathway is depicted in Exhibit 1. This construction of the Dathwav shall be accomplished by Lodge with Lodge's funds and sfiall eeHlllleHe8 lIfleH the isslIlIIlee ef the l:H1ildiHg ]la_it fer the first resideffiial eeHaemiHilllH BliilaiHg wifuill the Ceeehatehee Bay pun Prejeet shall be completed upOn the issuance of the tirst certiJicatc of occuoancx ortemoorarv certiJicate of OCCUDal1C~ tor the first residential condominium buildimz within the Cocohatchee Bav PUD Proiect, 10. Building Five as shown on the revised Bald Eagle Management Plan attached as Exhibit B to the amended PUD this ,'\greemeat aHd Release shall be increased from fifteen (15) stories to seventeen (17) stories, but shall not exceed 175 feet in BuiktingJ]height,.Jl!i defined in Paragraph 3,5 entitled "Amended Cocohatchee Bay Communi tv Dcvelopment Standards" of the amended PUD. and Footnote 2 to Taele I of thereto~ Paragra!"h 3,5 efltitled "Ceeehatchee Bay CemRllillit)' De';ele]lmeat StaHdaras" ef!he pun shall fieFeey Be deemed re', isea if! ae6GraUHee ~tli . PW\ i .i,...,.4+h...,~_...H'+ l{,,~. file 11IiHimltlll alliltliHIo: .;ellarati"f! t6r lIillll Rise Intilsialls as set faith iB TaBle 1 shall he Ftli:isea te aU0\V the miniaHull BuildhllZ seBaratien of eerltift2 stntetuFes ts he 8Re half af t-he SWH sf tRaheieht 0f the EJarldft2. Jlruatyna,. +Be miftiRUllB see8f8tisa fer the Raeikiele eeftieR sf the htlilaiai!s sRal] ge eRe half af the S\ifR af the heieltt sf the haeitaele HeFtieR af the 9HildiR2:S flat tEl eueeea eRe RWlaFea feet af seearatiea fur the ftasitahle eeRieR eftae BHildiRg:s. The miHimum BuildiRt:: seeafatiea fer IIiiZft Rise 8tlildiHes as set feftil iH Taele 1 ..hall be revised \e alle',,"' the millimlim bllilJill1( ::ellafBlioR tlf Ilw-I,ffllt struetW"es ta ee eRe ftalf ef~t:he Sl:tftl af the lleill.ht af the B8:f:Iafl~ stnletl:lfes. The )lliaimam "lIflllfllti~R fer Ihlll1allitaale lloRi,," llf !fie alJiL~:;l1all "e ORe l1alf of tile ,:\lm <If IRe Reil!l1l ef ( 2/28/08 revision 5 [~m#-~, ( Red text- J2/13/07; Blue text- J/JJ/08; Green text- .lAX changes as per CCPC direction Purple text- 2/25/08 the aabitaele saltiea ef the 81:lilEiiaEs Rat to eneeea one lu.iHsrea feet sf seeafatiea fer the l=1e:eitaele fJertiea ef the l:rw.ilaif1:~s. II. The maximum number of dwelling Wlits to be constructed by Lodge shall not exceed 590 units, Of these, a maximum of 590 units mav shall be multi-family and constructed on the R Parcel. However, two (2) units of the 590 may be single family units to be built on the GC Parcel. The development standards for the single-family dwelling units on the GC Parcel shall be as set forth in Section 4.4 in the amended PUD. attached hereto as Exhibit 2. follows: minimum let area 6,9Q9 sEjuare feel; minimum 101 wiatA sim) (69) feel; frent yare setllaek [rem intemal FeaS twenty (20) feet; fFent yare aeeessary lluilaing ineluaing flarl,ing ~tRJeHlre t'Nenty (20) feet; siae yare seven Iloilll five (7.5) feet; rear yare twellt)' (20) feet; rear yare for the aeeessery euildillg teA (10) feel; ma),imum euilaing hei';At eighteen (18) feet; minimum floor area 1290 s(jHare f-eet; eaeh single family av.'elling unit all ~tru"tur-es (e),eeot nOIl aaei16ele gate fiouses) ~hall be set bael; Ii miniRRum of 200 feet from the noFlR alld east bounaaries ef the P!JD Pr8jeet. Builaillg height shall be as Eleknea in Taele I of Paragr-a!"R 3.5 of Ihe P1IDo 12. What has been referred to as the R-I and R-2 Parcels shall be replaced by a single R parcel as set forth in the revised pun Master Plan, attached to the amended PUD tIHs .^.greement liRa Release as EllRieit 3. The development standards for the R Parcel are as set forth in the high rise mHlti fumily El'?/elliAgs !"ertien of Table +Il of Paragraph 3.5 of the amended PUD Or-d. ~Jo. 20lJO 88 (except as may be expressly modified by the Agreement and Release). I3. If there are additional changes to the Bald Eagle Management Plan required by federal or state agencies, no further County PUD amendment process shall be required. The County acknowledges that the Amended Bald Eagle Management Plan is in compliance with the County regulations. Lodge shall be exempt from any County regulations that may be adopted in 2/28/08 revision 6 I-Im') #,,,, ( Red text -12/13/07; Blue text- J/ll/08: Green text .., .lAX changes as per CCPC direction Purple text - 2/25/08 the future applicable to the Bald Eagle and the County shall defer to the state and federal regulatory permitting process relating to the Bald Eagle Management Plan and issues related thereto, Lodge, however, shall be required to notify the County of any such changes required by state or federal agencies, which will then require an administrative change by the County to any of the previously approved SOPs under review or that have been approved by the COWlty, Any change to the construction sequencing shall be considered an insubstantial change to the SOP. H." The Cocohatchee !Jav PUD is herebv amcndcd as set f,>rth in Exhibit 2. -1412. Lodge shall and hereby does without limitation release, waive and forever discharge the County, its present and former elected or appointed officials and employees, "*" e1eeled eftieials aHa ell eRRllleyces, insurers, sureties, agents, attorneys, and representatives of any and all claims, causes of action, costs, expenses, attorneys' fees, or charges of any kind that ( Lodge has or may have that arise from, or reference, relate or refer in any way, whether directly or indirectly, to the Cocohatchee Bay Project, Pun 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 approyed and authorized by the Board for the Chairman's signature including without limitation all Bert 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 SOPs in accordance with the terms and conditions set forth in paragraph 3 of this Agreement and Release. ] 5. The Slate Elf flsriaa RaG e1ailRea s','illefSRie sf esFtaill 127.92 aeres ef SUBlRereea lands i8shulea iB tae PUD. Led2e disB\:ltes the State's (rl,lflefShia of tRese sl:d9HH!f~eel lands. He\vever. the sHemerflea lanas Me flet aesessarl fur the Braiee! aBsrsvea BY the PUD. Therefere. Leall6 a.erees that the pun shall Be Fe.,isetl as f8110".\'s: \. 2/28/08 revision 7 Hay)'1t1~ Red text -12/13/07; Blue text- 1/11/08; Green text - JAK changes as per CCPC direction Purple text - 2/25/08 \ a. Pre} eet aeasitv is iasreasea :€rem. 1.11 eh\'ellinll HAils Ber aeFB 18 1.1 e a::lelIiflf: Haits BeT aere. b. PFeieet aereae:e is tech-lees fr.em 532.99 aeres to 101.79 aeres. e. Preieet eeell seaee as set ferth if! Tallie ] sf tfie PUD is realleea freffi 308.Gg aeres te 173.5 aeres. 16. In the event of a third party challenge to this Agreement and Release, the COWlty and Lodge agree to work cooperatively to defend this Agreement and Release. In this regard, the COWlty and Lodge shall each seek to become parties to any such challenge proceeding if one or the other of them is not named as a party in the first instance. The County and Lodge shall each bear their own costs and attorney's fees in any such proceeding, 17. If any third party challenge to this Agreement and Release should ever be successful, after exhaustion of all appeals or other requests for reyiew or reconsideration or federal permit conditions prevent Lodge from being able to develop the project consistent with the revised amended PUD Master Plan then the COWlty agrees to return all money provided by Lodge Wlder this Agreement and Release upon sixty (60) days written notice from Lodge and to allow Lodge to retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. In addition, if Lodge is ultimately unable to obtain required federal permits foe lhe SOP. sa iBe8l'1l8fl1lel1 reterenced in this document and is therefore unable to build .this prQjyct (exclusive of any federal permits or approyals for docks), Lodge likewise will be entitled to a refund of all money provided under this Agreement and Release within sixty (60) days of written notice from Lodge and Lodge shall retain the Bald Eagle Management Plan as permitted by this Agreement and Release to the extent allowed by law. 2/28/08 revision 8 X-kth ~(Pl< Red text -12/13/07; Blue text- J/11/08; Green text - .lAX change~' as per CCPC direction Purple text - 2/25/08 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. Afty oll!"lieatiElIl fElr aoeks Ily Lea!;e Elr its ~t1eeessors er assigRs shall be 11111) ':llbjeet tEl all federal. state and CeuRty llernlittiA!; requiremeHts and revie'"s, 19. The Agreement and Release shall be binding upon Lodge's and the County's predecessors, successors, assigns. officers, prcsent and formcI employees, owners, prcsem and I')ffiler elected or appointed officials, e+-electce offieiul:;, en emfll8) ee.;. 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. 21. 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 and Release. This Agreement 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 fayor one party or the other. 23. The Eeffectiye Dsate of this Agreement and Release shall be (he date upon which the Chairman of the Board of COWlty Commissioners of Collier COWlty, Florida, apllfG'.es aoo ~i"e~ the ~irffiflfHe execute~ this document. 24. The COWlty and Lodge acknowledge and assume the risk that additional, different or contrary facts to the facts which they believe exist may now exist or may be discovered after 2/28/08 revision 9 :rim :lJ:J~~ Red text -12/13/07; Blue text- J/J J/08; Green text - .lAX changes as per CCPC direction Purple text - 2/25/08 ( this Agreement and Release has been entered into, and they agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. The County affirmatively states that it is not aware of any facts that would prohibit the construction of the project as authorized by the PUD and this Agreement and Release or the 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 authorized by the PUD and this Agreement and Release or the enforceability of this Agreement and Release. 25. In the eyent 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 Agreement and Release as part of a stipulated judgment and retain jurisdiction to enforce this Agreement and Release's terms and award any other ancillary relief for the breach should such be necessary. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: , Chairman WITNESSES; Signed Name Printed Name Signed Name LODGE ABBOTT ASSOCIATES, LLC BY: ITS: Printed Name Approyed as to form and legal sufficiency: Jeffrey A. Klatzkow Chief Assistant County Attorney 2/28/08 revision 10