Ordinance 2023-46 ORDINANCE NO. 2023- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL
PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT
AGREEMENT DATED JUNE 9, 2008, BY INCREASING THE
PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 600;
CHANGING THE PERMITTED USES IN THE GOLF COURSE (GC)
DISTRICT TO REMOVE TWO SINGLE FAMILY DWELLING UNITS
AND ADD ESSENTIAL SERVICES IN ADDITION TO GOLF COURSE
USES; INCREASING THE ZONED HEIGHT LIMITATION OF 17
STORIES AND 175 FEET FOR BUILDING FIVE ON THE NORTH
PROPERTY LINE ADJACENT TO ARBOR TRACE TO A MAXIMUM
ZONED HEIGHT OF 220 FEET AND A MAXIMUM ACTUAL
HEIGHT OF 270 FEET; ADDING DEVELOPMENT STANDARDS
FOR THE ESSENTIAL SERVICES USE IN THE GOLF COURSE (GC)
DISTRICT; AMENDING THE MASTER PLAN TO REVISE ACCESS
POINTS; ESTABLISHING A NEW EAGLE MANAGEMENT PLAN;
AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS
LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF
WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8,
16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 532.09± ACRES.
I PL20220001142 J
WHEREAS, Lodge/Abbott Associates LLC and Lodge/Abbott Investments Associates,
LLC, represented by Richard Yovanovich, Esq. of Yovanovich, Coleman & Koester, PA, and
Robert J. Mulhere, FAICP of Hole Montes, Inc. and Karen Bishop of PMS Inc. of Naples,
petitioned the Board of County Commissioners to amend the RPUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to PUD Document.
The PUD Document attached to Ordinance No. 2000-88, as amended by Settlement
Agreement, is hereby amended in accordance with the revised PUD Document, attached hereto
as Exhibit A and incorporated by reference herein.
(22-CPS-0223 3/182093 8/11257
Cocohatchee Bay 1 P1.20220001142 Page 1 of 2
10/10/23
SECTION TWO: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida,this / day of /1I�)GL-7U 1..)--147� ,2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K.KINZEL,CLERK COLLIER COUNTY, FLORIDA
Attest as o ChairmlAuty Clerk Rick LoCastro, Chairman
signature only
Approved as to form and legality:
I leidi Ashton- icko
Managing Assistant County Attorney
Attachment: Exhibit A -PUD Document
This ordinance fil-nd with the
Secretary of Sta,te's Office
day of _._a
and acknowle•_(y.ernent f that
filing received this 1 0 day
of _
By._
noovt.'Cleric
(22-CPS-02233/1820938/1 j 257
Cocohatchee Bay 1 PL20220001142 Page 2 of 2
10/10/23
COCOHATCHEE BAY
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING AMENDED MASTER PLAN
GOVERNING COCOHATCHEE BAY A PLANNED UNIT DEVELOPMENT
PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
VANDERBILT PARTNERS II,LTD
PREPARED BY:
PMS, INC. OF NAPLES
2335 TAMIAMI TRAIL NORTH
SUITE 408
NAPLES, FL 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 12/11/00
ORDINANCE NUMBER 2000 88
AMENDMENTS AND REPEAL
DOCUMENT DATE 12/14/00
SETTLEMENT AGREEMENT AND RELEASE DATED 2008
Page 1 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
TABLE OF CONTENTS
INDEX PAGE
List of Exhibits and Tables II
Statement of Compliance III
SECTION I Property Ownership, Legal
Description and Short Title 446
SECTION II Project Development 2413
SECTION III Residential Development Areas 2419
SECTION IV Golf Course/Open Space 41-22
SECTION V Preserve District 5426
SECTION VI General Development Commitments 6429
I
Page 2 of 56
Words underlined are additions;words struckare deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
LIST OF EXHIBITS AND TABLES
EXHIBIT"A" Amended Planned Unit Development Master Plan
EXHIBIT"B" Cocohatchee Bay PUD Amended Bald Eagle Management Plan
EXHIBIT"C" Settlement Agreement and Rcl ase
TABLE I Land Use Summary
TABLE II Development Standards for"R"District
TABLE III Development Standards for"GC" DistrictSingle Family
II
Page 3 of 56
Words underlined are additions;words stru are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
STATEMENT OF COMPLIANCE
The development of approximately 532.09±acres of property in Collier County as a Planned Unit
Development(PUD)to be known as Cocohatchee Bay PUD will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Collier County Growth Management
Plan. Cocohatchee Bay is a mixed use residential golf course community and will be consistent
with the applicable elements of the Collier County Growth Management Plan for the following
reasons:
1. Traffic ways, utilities, and other public facilities necessary to serve the Cocohatchee Bay
Project are adequate. The Cocohatchee Bay Project will participate in the expansion of
existing public facilities to the extent of its impact on those facilities via payment of impact
fees.
2. The Cocohatchee Bay Project will be compatible with and complimentary to existing and
planned land uses in the vicinity. Project lands lie in a transition area which includes low-
rise residential development and high-rise multi-family development.
3. The subject property's location in relation to existing or proposed community facilities and
services permits the Development's residential density as described in Objective 2 of the
Future Land Use Element.
4. The project Development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
5. The property was down-zoned during the Zoning Re-evaluation Process which resulted in
an action establishing several zoning districts and densities:
Parcel 1 11.19 acres RSF-3st = 33.57 units
Parcel 5 161.63 acres RSF-4 = 646.52 units
Parcel 6 13.15 acres RSF-4(3) = 39.45 units
Parcel 7 69.61 acres RSF-3st(3) = 208.83 units
RSF-3(3)
RMF-6(3)
RMF-6st(3)
Parcel 8 194.60 acres RMF-12(3) = 583.80 units
RMF-12st(3)
Parcel 9 1.26 acres RMF-12st(3) = 3.78 units
Parcel 10 80.65 acres RMF-12st(3) = 241.95 units
RMF-6st(3)
TOTAL 532.09 acres = 1757.90 or 1758 units
III
Page 4 of 56
Words underlined are additions;words sta-uclgh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
The PUD will utilize a total of 590600 units on 532.09 ± acres for a gross density of 1.13
dwellings per acre. This action makes the land use and density consistent with the Future Land
Use Element of the Growth Management Plan.
6. Improvements are planned to be in compliance with applicable sections of the Collier
County Land Development Code as set forth in Objective 3 of the Future Land Use
Element.
7. The project Development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land
Use Element.
8. The project Development is planned to protect the functioning of natural drainage features
and natural groundwater aquifer recharge areas as described in Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
9. All final local development orders for this Project are subject to the Collier County Land
Development Code (LDC).
10. This PUD Amendment is hereby made pursuant to a Settlement Agreement and Release,
recorded in OR Book 4368 page 2345 eq seq. as amended by First Amendment to
Settlement Agreement recorded in OR Book page4171a copy which is attached hereto as
Exhibit"C" and which terms and conditions re hereby deemed to be incorporated herein
by reference as if fully set forth herein. If any terms between thisthe 2008 PUD
Amendment and the Settlement Agreemen and Release are in conflict, the Settlement
Agreement and Release will control.
6297
Iv
Page 5 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
SECTION I
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing condition of the property proposed to be developed under the
project name of COCHATCHEE BAY.
1.2 LEGAL DESCRIPTION
PARCEL 1
THE SOUTHERLY 548 FEET OF A TRACT OF LAND LYING IN SECTION 8,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID
TRACT BEING DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF
GOVERNMENT LOT 4, SAID SECTION 8, RUN S.88°24'40"W. (SHOWN IN ERROR
AS S.88°26'40"W. IN O.R. BOOK 68, PAGE 235; O.R. BOOK 87, PAGE 439
THROUGH 447; O.R. BOOK 167, PAGE 692; O.R. BOOK 218, PAGE 484;
HEREINAFTER CITED AS OFFICIAL RECORDS), ALONG THE SOUTH LINE OF
SAID GOVERNMENT LOT 4 AND THE WESTERLY PROLONGATION OF SAID
SOUTH LINE, FOR 776.71 FEET, TO AN INTERSECTION WITH AN AGREED
BOUNDARY LINE AS RECORDED IN O.R. BOOK 87, PAGES 439 THROUGH 447
(SURVEYOR'S NOTE: ALTHOUGH O.R. BOOK 167, PAGE 692 AND O.R. BOOK
218, PAGE 484 INDICATE THAT THE AGREED BOUNDARY LINE IS FOUND IN
O.R. BOOK 68, PAGE 235, THE BEARINGS AND DISTANCE ARE IN EFFECT
THOSE RECITED IN A LATER EXCHANGE OF QUIT CLAIM DEEDS O.R. BOOK
87, PAGES 439 THROUGH 447), OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN N.29°11'40"W., ALONG SAID AGREED
BOUNDARY LINE, FOR 300 FEET; THENCE RUN N.3°00'00"W., ALONG SAID
AGREED BOUNDARY LINE, FOR 961.43 FEET (SHOWN IN ERROR AS 961.30
FEET IN THE OFFICIAL RECORDS); THENCE RUN N.67°30'00"W. ALONG SAID
AGREED BOUNDARY LINE, FOR 1397.99 FEET (SHOWN IN ERROR AS 1397.01
FEET IN THE OFFICIAL RECORDS); THENCE RUN N.22°31'00"W., (SHOWN IN
ERROR AS N.22°30'00"W. IN THE OFFICIAL RECORDS), ALONG SAID AGREED
BOUNDARY LINE, FOR 944.72 FEET; THENCE RUN NORTH, ALONG SAID
AGREED BOUNDARY LINE, FOR 99.92 FEET, TO AN INTERSECTION WITH THE
WESTERLY PROLONGATION OF THE NORTH LINE OF GOVERNMENT LOT 3,
SAID SECTION 8; THENCE RUN N.0°08'53"E. (SHOWN IN ERROR AS NORTH IN
THE OFFICIAL RECORDS), FOR 429.82 FEET; THENCE S.59°00'00"E., FOR 815.68
FEET,TO AN INTERSECTION WITH SAID WESTERLY PROLONGATION OF THE
NORTH LINE OF SAID GOVERNMENT LOT 3; THENCE RUN N.89°12'20"E.,
ALONG SAID WESTERLY PROLONGATION AND ALONG THE NORTH LINE OF
SAID GOVERNMENT LOT 3, FOR 1907.82 FEET, TO THE NORTHEAST CORNER
OF SAID GOVERNMENT LOT 3, THENCE RUN S.00°23'l0"E., ALONG THE EAST
LINE OF SAID GOVERNMENT LOT 3 AND SAID GOVERNMENT LOT 4, FOR
Page 6 of 56
Words underlined are additions;words struck-through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
2744.30 FEET, TO THE POINT OF BEGINNING. PLUS ANY LAND ADDED
THERETO BY ACCRETION OR RELICTION,AND LESS AND EXCEPT ANY LAND
LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 5
THE NORTHWEST 1/4 OF SECTION 16 IN TOWNSHIP 48 SOUTH, RANGE 25
EAST,COLLIER COUNTY,FLORIDA,EXCEPTING THEREFROM THE RIGHT-OF-
WAY FOR STATE ROADS S-865A(ALSO KNOWN AS VANDERBILT DRIVE)AND
S-865B (ALSO KNOWN AS WIGGINS PASS ROAD).
PARCEL 6
THAT PART OF THE NORTHERLY ONE-FIFTH (BEING MORE PARTICULARLY
DESCRIBED BY ACCURATE SURVEY AS THE NORTH 268.54 FEET) OF THE
NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA WHICH LIES WEST OF THE
RIGHT-OF-WAY OF U.S. HIGHWAY 41 (ALSO KNOWN AS TAMIAMI TRAIL).
PARCEL 7
THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA,EXCEPTING THEREFROM THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 AND
EXCEPTING THEREFROM THE RIGHT-OF-WAY OF STATE ROAD S-865A
(VANDERBILT DRIVE). PLUS ANY LAND ADDED THERETO BY ACCRETION
OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY
SUBMERGENCE OR EROSION.
PARCEL 8
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°54'20"W.,
ALONG THE SOUTH LINE OF SAID SECTION 17, FOR 2839.52 FEET TO AN
INTERSECTION WITH AN AGREED BOUNDARY LINE AS RECORDED IN O.R.
BOOK 68, PAGE 235 THROUGH 250 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE RUN N.01°30'05"E., ALONG SAID AGREED
BOUNDARY LINE, FOR 1298.70 FEET (SHOWN IN ERROR AS 1300.00 FEET, IN
O.R. BOOK 68, PAGE 235 AND O.R. BOOK 167, PAGE 642 HEREINAFTER CITED
AS OFFICIAL RECORDS); THENCE RUN N.30°00'00"E., ALONG SAID AGREED
BOUNDARY LINE, FOR 800 FEET; THENCE RUN N.05°00'00"W., ALONG SAID
AGREED BOUNDARY LINE, FOR 1480 FEET; THENCE RUN N.29°11'40"W.,
ALONG SAID AGREED BOUNDARY LINE, FOR 1957.41 FEET, TO AN
INTERSECTION WITH THE WESTERLY PROLONGATION OF THE NORTH LINE
OF SAID SECTION 17; THENCE RUN N.88°24'40"E. (SHOWN IN ERROR AS
N.88°26'40"E. IN THE OFFICIAL RECORDS), ALONG SAID NORTH LINE FOR
3449.51 FEET TO THE NORTHEAST CORNER OF SAID SECTION 17; THENCE
RUN S.0°27'30"E., ALONG THE EAST LINE OF SAID SECTION 17, FOR 2690.04
FEET(SHOWN IN ERROR AS 2689.35 FEET IN THE OFFICIAL RECORDS),TO THE
EAST QUARTER CORNER; THENCE RUN S.0°26'00"E. (SHOWN IN ERROR AS
Page 7 of 56
Words underlined are additions;words struek-through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
S.0°26'00"W. IN THE OFFICIAL RECORDS), ALONG THE EAST LINE OF SAID
SECTION 17, FOR 2584.65 FEET TO THE POINT OF BEGINNING; EXCEPTING
THEREFROM (1) THE EAST 1/2 OF THE NORTHEAST 1/4, (2) THE NORTHEAST
1/4 OF THE SOUTHEAST 1/4, (3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4,
OF THE SOUTHEAST 1/4, ALL IN SAID SECTION 17; AND EXCEPTING THE
RIGHT-OF-WAY FOR STATE ROAD S-865A (VANDERBILT DRIVE), AND
EXCEPTING THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25
EAST, DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE
SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
17, RUN S.89°53'18"W. FOR 50 FEET, TO THE POINT OF BEGINNING; THENCE
RUN S.89°53'18"W., FOR 186.65 FEET, TO A POINT ON BULKHEAD LINE AS
SHOWN ON PLAT THEREOF RECORDED IN BULKHEAD LINE PLAT BOOK 1,
PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
RUN S.41°11'03"W. FOR 133.10 FEET, ALONG SAID BULKHEAD LINE; THENCE
RUN S.0°06'42"E., FOR 120 FEET, THENCE RUN N.89°53'18"E., FOR 275.72 FEET,
TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF STATE ROAD S-865A
(VANDERBILT DRIVE): THENCE RUN N.0°26'00"W., FOR 220 FEET, TO THE
POINT OF BEGINNING. PLUS ANY LAND ADDED THERETO BY ACCRETION
OR RELICTION, AND LESS AND EXCEPT ANY LAND LOST THEREFROM BY
SUBMERGENCE OR EROSION.
PARCEL 9
THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS: FROM A POINT OF BEGINNING AT THE
NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SAID SECTION 17, RUN N.89°40'55"E., FOR 560.24 FEET, ALONG THE NORTH
LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17,
TO A POINT ON THE BULKHEAD LINE AS SHOWN ON PLAT THEREOF
RECORDED IN BULKHEAD LINE PLAT BOOK 1, PAGE 7, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.0°26'00"W., FOR
100 FEET, ALONG SAID BULKHEAD LINE; THENCE RUN S.89°40'55"W., FOR
560.23 FEET, ALONG SAID BULKHEAD LINE, TO A POINT ON THE WEST LINE
OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17;
THENCE RUN S.0°25'41"E., FOR 100.00 FEET, TO THE POINT OF BEGINNING.
PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS
AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
PARCEL 10
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, RUN N.89°52'20"W.,
ALONG THE SOUTH LINE OF SAID SECTION 20, FOR 2053.75 FEET; THENCE
RUN N.00°14'00"W. FOR 1698.91 FEET; THENCE RUN N.54°47'52"W., FOR 399.32
FEET, TO AN INTERSECTION WITH AN AGREED BOUNDARY LINE AS
RECORDED IN O.R. BOOK 68, PAGES 235 THROUGH 250, OF THE PUBLIC
Page 8 of 56
Words underlined are additions;words eele througl4 are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N.79°17'10"E.,
ALONG SAID AGREED BOUNDARY LINE, FOR 69.60 FEET; THENCE RUN
N.02°59'30"W. ALONG SAID AGREED BOUNDARY LINE FOR 1417.66 FEET
(SHOWN IN ERROR AS 1475.01 FEET IN O.R.BOOK 68,PAGE 235);THENCE RUN
N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE FOR 705.31 FEET;
THENCE RUN N.18°44'30"W., ALONG SAID AGREED BOUNDARY LINE FOR
887.03 FEET, THENCE RUN N.05°37'50"W., ALONG SAID AGREED BOUNDARY
LINE FOR 393.34 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF
SECTION 20; THENCE RUN S.89°54'20"E., ALONG SAID NORTH LINE FOR
2839.52 FEET, TO THE NORTHEAST CORNER OF SAID SECTION 20; THENCE
RUN S.02°12'00"E., ALONG THE EAST LINE OF SAID SECTION 20, FOR 5273.90
FEET(SHOWN IN ERROR AS 5277.24 FEET IN O.R. BOOK 68, PAGE 235)TO THE
POINT OF BEGINNING.
PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS
AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
AND LESS AND EXCEPT THE RIGHTS-OF-WAY OF STATE ROADS S-865 A
(ALSO KNOWN AS VANDERBILT DRIVE) AND S-846 (ALSO KNOWN AS
BLUEBILL AVENUE).
AND LESS AND EXCEPT THE FOLLOWING DESCRIBE REAL PROPERTY:
ALL OF WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 10, AT PAGE 81 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ALL OF WIGGINS
PASS LANDINGS UNIT NO. 1 ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 10, AT PAGE 44, OF THE PUBLIC RECORDS OF COLLIER
COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 OF SAID WIGGINS PASS
LANDINGS UNIT NO. 1 ADDITION; THENCE N.89°52'20"W. ALONG THE
SOUTHERLY LINE OF SAID LOT 4, A DISTANCE OF 599.96 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 4, THE SAME BEING THE SOUTHEAST
CORNER OF LOT 10,BLOCK 1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1;
THENCE N.89°52'20"W., ALONG THE SOUTHERLY LINE OF SAID WIGGINS
PASS LANDINGS UNIT NO. 1 A DISTANCE OF 1400.65 FEET TO THE
SOUTHWEST CORNER OF SAID WIGGINS PASS LANDINGS UNIT NO. 1;
THENCE N.00°14'00"W., ALONG THE WESTERLY LINE OF SAID WIGGINS PASS
LANDINGS UNIT NO. 1, A DISTANCE OF 1608.90 FEET; THENCE N.34°26'15"E.,
ALONG SAID WESTERLY LINE, A DISTANCE OF 439.38 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1;
THENCE N.87°48'00"E.ALONG SAID NORTHERLY LINE A DISTANCE OF 1481.48
FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3 OF SAID WIGGINS
PASS LANDINGS UNIT NO. 1; THENCE S.02°12'00"E. A DISTANCE OF 163.77
FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 3 OF SAID WIGGINS
PASS LANDINGS UNIT NO. 1; THENCE N.87°48'00"E. A DISTANCE OF 200.00
Page 9 of 56
Words underlined are additions;words struck-through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE S.02°12'00"E.
ALONG THE EASTERLY LINE OF SAID WIGGINS PASS LANDINGS UNIT NO. 1,
A DISTANCE OF 668.16 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK
1 OF SAID WIGGINS PASS LANDINGS UNIT NO. 1, THE SAME BEING THE
NORTHEAST CORNER OF LOT 1 OF SAID WIGGINS PASS LANDINGS UNIT NO.
1 ADDITION; THENCE S.02°12'00"E. ALONG THE EASTERLY LINE OF SAID
WIGGINS PASS LANDINGS UNIT NO. 1 ADDITION, A DISTANCE OF 1209.93
FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 88.56 ACRES, MORE
OR LESS (BEARINGS REFER TO WIGGINS PASS LANDINGS UNIT NO. 1
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
10,PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA).
PLUS ANY LAND ADDED THERETO BY ACCRETION OR RELICTION,AND LESS
AND EXCEPT ANY LAND LOST THEREFROM BY SUBMERGENCE OR EROSION.
AND LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY:
A PORTION OF LAND LOCATED IN THE EAST 1/2 OF SECTION 20, TOWNSHIP
48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF
SAID SECTION 20; THENCE N.02°12'00"W., ALONG THE EASTERLY LINE OF
SAID SOUTHEAST 1/4 A DISTANCE OF 1970.20 FEET; THENCE S.87°48'00"W., A
DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY
LINE OF VANDERBILT DRIVE, A 100.00 FOOT RIGHT-OF-WAY AND THE
NORTHEAST CORNER OF LOT 1 BLOCK 3, WIGGINS PASS LANDINGS, UNIT
NO. 1,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10,AT
PAGE 44, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE
SAME BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE S.87°48'00"W., A DISTANCE OF 200.00 FEET TO THE
NORTHWEST CORNER OF SAID LOT 1; THENCE N.02°12'00"W.A DISTANCE OF
163.77 FEET TO THE NORTHEAST CORNER OF LOT 3, BLOCK 3, OF SAID
WIGGINS PASS LANDINGS UNIT 1; THENCE S.87°48'00"W. ALONG THE
NORTHERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A
DISTANCE OF 1481.48 FEET; THENCE S.34°26'15"W. ALONG THE
NORTHWESTERLY LINE OF SAID WIGGINS PASS LANDINGS, UNIT NO. 1, A
DISTANCE OF 439.48 FEET TO THE NORTHEASTERLY CORNER OF TRACT B,
BAKER-CARROLL POINT,ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 8, PAGE 42, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE N.54°47'52"W., ALONG THE NORTHERLY LINE OF SAID
BAKER-CARROL POINT, A DISTANCE OF 399.32 FEET, TO AN INTERSECTION
WITH AN AGREED BOUNDARY LINE AS RECORDED IN OFFICIAL RECORDS
BOOK 68,AT PAGES 235 THROUGH 250,OF THE PUBLIC RECORDS OF COLLIER
COUNTY,FLORIDA;THENCE N.79°17'l0"E.,ALONG SAID AGREED BOUNDARY
LINE, A DISTANCE OF 69.60 FEET; THENCE N.02°59'30"W., ALONG SAID
Page 10 of 56
Words underlined are additions;words struck rough are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
AGREED BOUNDARY LINE, A DISTANCE OF 1417.66 FEET; THENCE
N.27°15'20"W., ALONG SAID AGREED BOUNDARY LINE A DISTANCE OF 616.67
FEET;THENCE N.87°48'00"E.,A DISTANCE OF 2472.71 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT DRIVE; THENCE
S.02°12'25"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 1373.11 FEET;
THENCE S.02°12'00"E. ALONG SAID WESTERLY LINE A DISTANCE OF 667.03
FEET TO THE POINT OF BEGINNING, PARCEL CONTAINS 100 ACRES, MORE
OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is owned by A.L. Dougherty Co. Inc.,a Delaware Corporation Lodge/
Abbott Associates, LLC & Lodge/Abbott Investments Associates, LLC.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The Project site is bordered on the West by the Delenor Wiggins State Park and
Barefoot Beach County Park, on the East by Tarpon Cove PUD and Wiggins Bay
PUD, on the South by the Dunes PUD and on the North by Arbor Trace PUD and
the Retreat PUD.
B. The zoning classification of the project prior to approval of this PUD document was
RSF-3 (3), RSF-3 ST (3), RSF-4, RSF-4 (3), RMF-12ST(3), RMF-12 (3), RMF-6
ST(3), RMF-6(3), and A-ST.
1.5 PHYSICAL DESCRIPTION
A. The Project lies within South Florida Water Management District No. 6. Drainage
from the property will discharge into Cocohatchee Bay
B. Water Management Facilities for the Project will be designed and constructed in
order to introduce project stormwater runoff to wetland areas in an attempt to assist
in the restoration of historic water retention and preserve areas.
C. Elevations within the Project site range from 1.5 to 11 feet above mean sea level.
Most of the area, however, falls within the 10' to 11' foot elevation category. The
site lies within Flood Zone AE (EL 11 ') and AE (EL 12') according to Firm Maps
120067-0191D, 0187D, and 189D, dated June 3, 1986.
D. Soil types within the Project include Keri fine sand (approximately 50%), Cypress
Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil
characteristics were derived from the Soil Survey of Collier County,Florida,issued
by the U.S.Department of Agriculture(Soil Conservation Service)in March, 1954.
Page 11 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
1.6 PROJECT DESCRIPTION
The Cocohatchee Bay PUD is a residential and golf course community with a maximum
of -90600 dwelling units. Recreational facilities including a golf course, clubhouse,
maintenance facility, caddie quarters, and guest suites will be provided in conjunction
with the dwelling units. Residential and recreational land uses are designed to be
harmonious with one another in a natural setting by using common architectural
themes, appropriate screening and buffering and open space.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "AMENDED COCOHATCHEE BAY
PLANNED UNIT DEVELOPMENT ORDINANCE."
Page 12 of 56
Words underlined are additions;words str• gh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the Project plan of development,
relationships to applicable County ordinances, the respective land uses of the tracts
included in the Project, as well as other project relationships.
2.2 GENERAL
A. Development of Cocohatchee Bay shall be in accordance with the contents of the
Amended Planned Unit Development document, the Settlement Agreement and
Release attached hereto, and applicable sections of the Collier County Land
Development Code and Growth Management Plan in effect at the time of issuance
of any development order, such as, but not limited to, Final Subdivision Plat, Final
Site Development Plan, Excavation Permit, and Preliminary Work Authorization,
to which such regulations relate. Where these regulations fail to provide
developmental standards, then the provisions of the most similar district in the
County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of the Cocohatchee Bay PUD shall become part of the regulations
which govern the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of the LDC,
where applicable,remain in full force and effect with respect to the development of
the land which comprises this PUD.
E. Development permitted by the approval of this Petition will be subject to a
concurrency review under the provisions of the LDC at the earliest or next to occur
of either final SDP approval, final plat approval, or building permit issuance
applicable to this Development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan, including land uses for the various tracts, is illustrated by
Exhibit "A", the Amended PUD Master Plan. The nature and extent of land uses
within the Project are indicated on Table I. The specific location and size of
individual tracts and the assignment of dwelling units thereto shall be determined
at the time of detailed site development planning or platting.
Page 13 of 56
Words underlined are additions;words struck eugh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
B. The final size of the recreation and open space lands will depend on the actual
requirements for water management facilitates,golf course layout,roadway pattern,
and dwelling unit size and configuration.
COCOHATCHEE BAY
LAND USE SUMMARY
TABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
USE MAX. D.U.'s/Square Footage Acres
Residential "R" .99600 53.70
Golf Course"GC" 2—*N/A 170.39 +/-
Open Space N/A 308.00 +/-
(Preserve, Lakes and Landscape Buffers)
Total 590600/ Total 532.09+/-acres
*2 "GC"units to be deducted from the total in the "R" use so total overall remains 590 units.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the PUD, final plans for all required improvements shall receive approval of the
appropriate: Collier County governmental agency to ensure compliance with the
Amended PUD Master Plan,the Collier County Subdivision Code,and the platting
laws of the State of Florida.
B. Revised Exhibit"A,"the Amended PUD Master Plan,constitutes the required PUD
Development Plan. Subsequent to or concurrent with PUD approval, a preliminary
subdivision plat, if applicable, shall be submitted for the entire area covered by the
Amended PUD Master Plan. Any division of property and the development of the
and shall be in compliance with the Collier County Land Development Code, and
the platting laws of the State of Florida.
C. The provisions of the Collier County Land Development Code, when applicable,
shall apply to the development of all platted tracts or parcels of land as provided in
the Collier County Land Development Code prior to the issuance of a building
permit or other development order.
Page 14 of 56
Words underlined are additions;words struck =are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
D. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be required
to submit and receive approval of a Preliminary Subdivision Plat in conformance
with the requirements of the Collier County Land Development Code prior to the
submittal of construction plans and a final plat for any portion of the tract or parcel.
E. Utility, road, public and private easements shall be established as required during
the SDP and/or plat approval process.
F. Appropriate instruments will be provided at the time of infrastructure
improvements regarding dedications and the method for providing perpetual
maintenance of the common facilities.
2.5 MODEL HOMES/SALES OFFICES
Model homes, sales centers and other uses and structures related to the promotion and sale
of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking
areas, tents, and signs, shall be permitted principal uses throughout the Cocohatchee Bay
PUD, subject to the Collier County Land Development Code and all other applicable
sections. Sales facilities will be permitted prior to final plat approval as provided in the
Collier County Land Development Code.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code.
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Common area maintenance will be provided by the Master Property Owners' Association.
The Association is a legitimate alternative for the timely and sustained provision of quality
common area infrastructure and maintenance under the terms and conditions of County
development approval. For those areas not maintained by the Master Association, the
Developer has created a property owners' association(s), or condominium association(s),
whose functions shall include provision for the perpetual maintenance of common facilities
and open spaces. The Master or the property owners' associations, as applicable, shall be
responsible for the operation, maintenance, and management of the surface water and
stormwater management systems, and reserves serving the Cocohatchee Bay PUD,
together with any applicable permits from the Florida Department of Environmental
Protection,U.S. Army Corps of Engineers, and South Florida Water Management District.
2.8 DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage ingenuity,
innovation and imagination in the planning, design and development of relatively large
Page 15 of 56
Words underlined are additions;words struckgh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
tracts of land under unified ownership or control, as set forth in the Collier County Land
Development Code.
The Applicant has not set "stages" for the development of the property. Since the property
is to be developed over an estimated ten (10) year time period, any projection of project
development can be no more than an estimate based on current marketing knowledge. The
estimate may, of course, change depending upon future economic factors.
2.9 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Cocohatchee Bay
Community PUD except in the Preserve District. General permitted uses are those uses
which generally serve the Developer and residents of the Cocohatchee Bay PUD and are
typically part of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under the Collier County Land Development
Code.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5. Guardhouses, gatehouses, and access control structures.
6. Community and neighborhood parks. recreational facilities, community
centers.
7. Temporary construction, sales,and administrative offices for the Developer
and the Developer's authorized contractors and consultants, including
necessary access ways, parking areas and related uses.
8. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls which shall be in accordance with the Collier County Land
Development Code in effect at the time permits are requested unless
otherwise specified herein.
9. Any other use which is comparable in nature with the foregoing uses-and-
t t- *t- nl c De„a.•trn nt Director determines t„ be
compatible as determined by the Board of Zoning Appeals (BZA) or the
Hearing Examiner by the process outlined in the LDC.
Page 16 of 56
Words underlined are additions;words r thre-sh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
B. Development Standards:
Unless otherwise set forth in this document,the following development standards
shall apply to structures:
1. Setback from back of curb or edge of pavement of any road —Fifteen feet
(15') except for guardhouses, gatehouses, and access control structures
which shall have no required setback.
2. Setback from exterior property lines — One half (1/2) the height of the
structure, minimum of twenty feet(20').
3. Minimum distance between structures which are part of an architecturally
unified grouping—Five feet(5').
4. Minimum distance between unrelated structures—Ten feet(10')
5. Minimum floor area—None required.
6. Minimum lot or parcel area—None required.
7. Sidewalks, bikepaths, and cartpaths may be placed within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk, bikepath,
or cartpath.
8. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein, are to be in accordance with the Collier
County Land Development Code in effect at the time of Site Development
Plan Approval.
2.10 OPEN SPACES REQUIREMENTS
The Amended PUD Master Plan satisfies the open space requirements of the Collier
County Land Development Code.
2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
Twenty Five Percent(25%) of the viable naturally functioning native vegetation on site
shall be preserved.
2.12 LANDSCAPING REQUIREMENTS
A. A perimeter berm shall be constructed in conformance with the Land Development
Code.
Page 17 of 56
Words underlined are additions;words struck-through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
1. Trees and shrubs shall be planted along the base of the berm so as to visually
soften the appearance of the side of the berm.
2. Ground cover on the side of be berm shall form a dense attractive mat, and
shall not require mowing.
3. Trees shall be a minimum of 75 percent native species.
4. Shrubs shall be a minimum of 35 percent native species.
B. A minimum landscape area of thirty-five (35') shall be developed along the
Vanderbilt Drive frontage. Said landscape buffer on the west side of Vanderbilt
Drive shall include development features that impede the view of high rise
residential structures from Vanderbilt Drive.
Page 18 of 56
Words underlined are additions;words struckhrough are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
SECTION III
RESIDENTIAL "R" DEVELOPMENT AREAS
3.1 PURPOSE
The purpose of this Section is to establish land use regulations and development
standards for the residential development tracts designated on Exhibit "A", the
Amended PUD Master Plan as"R".
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted within the PUD is 590600. The
subject property contains a gross acreage of 532.09 +/- acres and base density of 1.14-3
dwelling units per gross acre.
3.3 GENERAL DESCRIPTION
Areas designated as "R" on the Amended PUD Master Plan are designed to
accommodate high-rise residential dwelling unit types,multi-family dwellings,adult living
facilities, compatible nonresidential uses, a full range of recreational facilities, essential
services, and customary accessory uses.
The approximate acreages are indicated on the Amended PUD Master Plan.These acreages
are based on conceptual designs and are approximate. Actual acreage of all development
tracts will be provided at the time of Site Development Plan or Preliminary Subdivision
Plat approvals in accordance with the Collier County Land Development Code. Residential
tracts are designed to accommodate internal roadways, open spaces, parks and amenity
areas, lakes and water management facilities, and other similar uses found in residential
areas.
3.4 USES PERMITTED
A. Principal Uses
1. Multiple-family dwellings.
2. Guest suites and cabanas.
3. Any other principal use which is comparable in nature with the foregoing
uses and which the Planning Service
be compatible in the "R" as determined by the Board of Zoning Appeals
(BZA) or the Hearing Examiner by the process outlined in the LDC.
Page 19 of 56
Words underlined are additions;words strue-lf-Wrough are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
B. Accessory Uses
1. Uses and structures customarily associated with principal uses permitted.
2. Recreational uses such as, but not limited to, clubhouse, fitness center,
health spa,tennis courts, swimming pools or similar recreational uses.
3. Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Department Director determines to
be compatible in the "R" District.
3.5 DEVELOPMENT STANDARDS
A. Table II sets forth the development standards for land uses within the "R"
Residential Districts.
B. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within the Cocohatchee Bay PUD, are to be in
accordance with Collier County Land Development Code in effect at the time of
Site Development Plan approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
C. Off-street parking required for multi-family uses shall be accessed by parking aisles
or driveways which are separate from any roads which serve more than one
development A green space area of not less than ten feet(10') in width as measured
from pavement edge to pavement edge shall separate any parking aisle or driveway
from any abutting road.
Page 20 of 56
Words underlined are additions;words are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
AMENDED COCOHATCHEE BAY COMMUNITY DEVELOPMENT
STANDARDS FOR"R" DISTRICT
TABLE II
DEVELOPMENT STANDARDS HIGH-RISE NON HIGH
Multi-Family RISE (Other
Dwellings*-- Structures)±
Minimum Lot Area N/A 1 Acre
Minimum Lot Width N/A N/A
Front Yard—Internal Road *1 0.5 BH not less 0.5 BH not less
than 25 feet than 25 feet
Front Yard—Accessory Bldg. 0.5 BH not less 0.5 BH not less
including Parking Structure than 25 feet than 25 feet
Front Yard—Vanderbilt Drive BH N/A
Front Yard—Accessory Bldg. 50 N/A
Side Yard 0.5 BH 15
Rear Yard Principal 0.5 BH 15
Rear Yard Accessory 15 10
Maximum Bldg.Height 20 stories for maximum 35
height of 200 feet *2
Distance Between Principal 0.5 SBH *3 .05 BH not less than 15
Structures feet
Floor Area Min.(S.F.) 1800 SF 1200 SF *4
BH: (Building Height): Zoned Bbuilding height shall be the vertical distance measured from the first
habitable finished floor elevation to the uppermost finished ceiling elevation of the structure.
SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of
determining setback requirements.
All distances are in feet unless otherwise noted.
*1 Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way
line.
B. If the parcel is served by private road, setback is measured from the back of curb(if curbed)or edge of
pavement(if not curbed).
*2 The maximum zoned building height shall be 200 feet,and the maximum actual building height shall be
250 feet,except the fifth residential high-rise building shall be permitted a maximum zoned building,_
heightof 220 feet and maximum actual height of 270 feet.s •k• w t,.f..«t,o„ ..'t,pv ..,:.,,.
.
*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 cetback:,building separation can be administratively reduced.
*4 For accessory uses, including cabanas,there shall be no minimum floor area.
Page 21 of 56
Words underlined are additions;words t• - h are deletions
H:\2022\2022025\WP\PUDA\BCC\Post-BCC\Cocohatchee Bay PUD(PL-20220001142)(10-10-2023).docx
SECTION IV
GOLF COURSE "GC" DEVELOPMENT AREAS
4.1 PURPOSE
The purpose of this Section is to set forth the uses permitted and development standards
for the Golf Course tracts. The primary function and purpose of these tracts will be to
provide aesthetically pleasing open areas, golf course and recreational facilities. Except in
areas authorized for Development, all good quality native trees and shrubs shall be
protected and preserved wherever practicable.
4.2 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Golf courses and golf club facilities caddie quarters,clubhouse,guest suites,
including temporary golf clubhouses.
2 • . Essential Services. Those
services and facilities, including utilities, safety services, and other
government services,necessary to promote and protect public health,safety,
and welfare, including but not limited to the following: Police, fire,
emergency medical, public park, and public library facilities
3. Project information and sales centers.
4. Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds,
water and wastewater treatment plants, utility pumping facilities and pump
buildings, utility and maintenance staff offices.
5. Any of the uses of the "P" District subject to the development standards of
the "P" District.
6. Any other principal use which is comparable in nature with the foregoing
uses and which th
be compatibleas determined by the Board of Zoning Appeals (BZA) or the
Hearing Examiner by the process outlined in the LDC.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the principal
Page 22 of 56
Words underlined are additions;words strut-k-through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
uses permitted in this District.
2. Pro-shops, practice areas and ranges, golf cart barns, restrooms, shelters,
snack bars and golf course maintenance yards.
3. Retail sales of associated recreational equipment and apparel, such as, but
not limited to, golf,tennis,and other recreational related equipment apparel
and accessories.
4. Restaurants and related uses intended to serve club members and club
guests.
5. Shuffleboard courts, tennis courts, health spas, swimming pools, and all
other types of accessory facilities intended to provide recreational
opportunities for members.
6. Open space uses and structures such as, but not limited to, boardwalks,
nature trails,bikeways, landscape nurseries, gazebos,boat and canoe docks,
fishing piers, picnic areas, fitness trails and shelters.
7. Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Department Director determines to
be compatible.
4.3 DEVELOPMENT REGULATIONS—GOLF FACILITIES
A. Principal structures shall be set back a minimum of twenty feet (20') from Golf
Course District boundaries and private roads, and twenty-five feet (25') from all
PUD boundaries.
B. Accessory structures shall be set back a minimum of ten feet(10')from Golf Course
District boundaries and private roads, and twenty feet (20') from all PUD
boundaries and residential tracts.
C. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
D. Maximum height of structures
1. Principal Structures - 2 stories for a maximum height of 20 feet.
2. Accessory Structures - 1 story for a maximum height of 15 feet.
E. Minimum distance between principal structures - Ten feet(10').
F. Parking for the community center/clubhouse shall be three spaces per every one
thousand(1,000)square feet of gross floor area,which shall be considered inclusive
of the required golf course parking, provided the golf course and recreational
facilities are private, otherwise, applicable provisions of the Land Development
Page 23 of 56
Words underlined are additions;words ' i are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
Code shall apply.
G. The golf course maintenance building shall be located a minimum of 1750 linear
feet west of U.S. 41.
H. Standards for parking, landscape, signs and other land uses where such standards
are not specified herein, are to be in accordance with Collier County Land
Development Code in effect at the time of Site Development Plan approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
4.4 DEVELOPMENT REGULATIONS — SINGLE FAMILYESSENTIAL SERVICES
CRITERIA
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Principal structures shall be set back a minimum of twenty feet (20') from Golf
Course District boundaries and private roads, and two hundred feet(200') from all
PUD boundaries:
B. Accessory structures shall be set back a minimum of ten feet(10') from Golf Course
District boundaries and private roads, and two hundred feet (200') from all PUI)
boundaries and residential tracts. Fences, gates and non-habitable gate houses are
exempt from the requirement of Paragraph 4.4.B.
Page 24 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
DEVELOPMENT STANDARDS FOR
"GC" ESSENTIAL SERVICES
TABLE III
DEVELOPMENT STANDARDS "GC"
Detached Dwellings Essential
Services
Minimum Lot Area 15,500 SF1 Acre
Minimum Lot Width 4-00N/A
Front Yard 20*
4-0
Side Yard 2 20
Rear Yard Principal 20
Rear Yard Accessory 10
Rear Yard Special ** 10
Maximum Bldg Height for principal and I$35'zoned height/50' actual height
accessory structures
Distance Between Principal Structures 1015'
Floor Area Min.(S.F.) 1200-SFN/A
All distances are in feet unless otherwise noted.
*Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way,setback is measured from the adjacent right-of-way line.
B. If the parcel is served by a private road,setback is measured from the back of curb(if curbed)or edge of
pavement(if not curbed).
**Rear yards setback for principal and accessory structures on lots that abut preserves shall be per the Land Development
Code.
C. Permitted accessory uses and structures:
a. Customary accessory uses and structures, including but not limited to:
i. Covered parking, attached and detached garages.
y ti 1 .l.+. 1 a to
courts.
iii. Equestrian barns and appurtenances
i*ii.Water management facilities and lakes
v. One (1) guest house (as allowed by the Land Development Code)
per principal str ' `` �" aster portin the
principal structure uest house and service quarters combined
shall not exceed 40% of the size of the principal structure. The
service qua ` " t b ou e ditional sity
*iiii.Storage facilities.
b. Any other accessory use which is comparable in nature with the foregoing uses
and which the Board of Zoning Appeals or the Hearing Examiner determines to
be compatible in this district, per the process outlined in the LDC.
Page 25 of 56
Words underlined are additions;words are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
SECTION V
PRESERVE "P" DISTRICT
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Cocohatchee Bay Community designated on the Amended Master Plan as
the Preserve District.
5.2 GENERAL DESCRIPTION
Areas designated as Preserve on the Amended Master Plan are designed to accommodate
a full range of conservation and limited water management uses and functions.The primary
purpose of the Preserve District is to retain viable naturally functioning wetland and upland
systems, to allow for restoration and enhancement of impacted or degraded wetland
systems, and to provide an open space amenity for the enjoyment of Cocohatchee Bay
Community residents.
5.3 USES PERMITTED
No building or structure or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than the following:
1. Passive parks.
2. Passive recreational areas limited to the following:
i. Boardwalks
ii. Bicycle paths
iii. Environmental uses (wetlands and conservation areas)
iv. Flower beds
v. Golf cart paths *
vi. Pathways and/or bridges
vii. Handicap ramps
viii. Equestrian uses and trails *
ix. Fitness trails and shelters *
x. Hiking and nature trails
xi. Open space drainage systems (required for the permitting of the project)
xii. Parking lots (in support of any use within this section) *
xiii. Sidewalks *
xiv. Underground drainage
xv. Water parks (fountains)
xvi. Lake (including structural bank treatments)
xvii. Boat(non-motorized), kayak and canoe docks
xviii. Fishing piers
Page 26 of 56
Words underlined are additions;words si elc-throughh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
xix. Guardhouses, gatehouses *
xx. Passive parks,with passive recreational uses subject to this section.
[Intended to be limited to the definition in the Land Development Code]
xxi. Gazebos
xxii. Picnic areas
xxiii. Wildlife sanctuary
xxiv. Recreational shelters, in preserve upland areas only
xxv. Drainage and water management facilities as may be required by SFWMD
xxvi. Motorized devices required by physically impaired individuals.
xxvii. Restroom facilities *
*East of Vanderbilt Drive only.
3. Any other accessory use which is comparable in nature with the foregoing
uses t t tt Dl g c Depa tme t Di + a + +
be compatible as determined by the Board of Zoning Appeals (BZA)or the
Hearing Examiner by the process outlined in the LDC.
5.4 DEVELOPMENT STANDARDS
A. Setback requirements for all structures shall be in accordance with the Collier
County Land Development Code, as amended. Any lot abutting a
protected/preserve area shall have a minimum 25 foot setback from the boundary
of such protected preserve area in which no principal structure may be constructed.
Further the plat shall require that no alteration, including accessory structures, fill
placement, grading, plant alteration or removal, or similar activity shall be
permitted within such setback without the prior written consent of the Development
Services Director. In no event shall these activities be permitted within ten feet of
the preserve boundary.
B. Maximum height of structures—Twenty-five feet(25').
C. Minimum distance between principal structures—Ten feet(10').
D. Minimum distance between accessory structures—Five feet(5').
E. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein are to be in accordance with the Collier County Land
Development Code in effect at the time of Site Development Plan approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
Page 27 of 56
Words underlined are additions;words =are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
5.5 PRESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by Collier County Land
Development Code for lands included in the Preserve District. In addition to Collier
County, a non-exclusive conservation easement may also be required by other regulatory
agencies with jurisdiction over Preserve District lands. In addition to complying with
provisions of the Collier County Land Development Code,said easement shall be provided
in accordance with the terms set forth in any applicable permit granted by other agencies.
The Developer, its successor(s) or assigns, including the Master Property Owners'
Association shall be responsible for control and maintenance of lands within the Preserve
District.
Page 28 of 56
Words underlined are additions;words 'mot'rouggh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans,
final subdivision plats, and all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically noted or stated otherwise, the standards
and specifications of the Land Development Code, shall apply to this Project even if the
land within the PUD is not to be platted. The Developer, his successor and assigns, shall
be responsible for the commitments outlined in this document.
The Developer, his successor or assignee, shall follow the Amended Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title, is
bound by the commitments within this agreement.
6.3 PUD MASTER PLAN—As Amended by the Settlement Agreement and Release
A. Exhibit"A,"the Amended PUD Master Plan, illustrates the proposed development
and is conceptual in nature. Proposed tract, lot or land use boundaries or special
land use boundaries, shall not be construed to be specific and may be adjusted
during the platting or site development plan approval process. Subject to the
provisions of the Land Development Code, PUD amendments may be made from
time to time.
B. All necessary easements, dedications, or other instruments shall be granted to
ensure the continued operation and maintenance of all service utilities and common
areas in the Project.
C. The following shall be considered minor changes and refinements, subject to the
limitations of PUD, Section 6.3A:
1. Reconfiguration of preserve areas, jurisdictional wetland limits, and
mitigation features as a result of environmental regulatory agency review, as
long as the changes do not cause additional impacts to protected species or
habitat.
Page 29 of 56
Words underlined are additions;words .k thro"vgh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
2. Reconfiguration of lakes,ponds, canals,or other water management facilities
where such changes are consistent with the criteria of the South Florida Water
Management District and collier County and where there is no further
encroachment into preserve areas.
3. Reconfiguration of golf course envelopes and design features where there is
no encroachment into preserve areas.
4. Internal realignment of rights-of-way other than a relocation of access points
to the PUD.
5. Reconfiguration of residential parcels when there is no encroachment into
preserve areas.
6.4 PUD MONITORING REPORT AND SUNSET
PRON
calendar year 2000 with completion of the golf course and Project infrastructure
anticipated to occur in calendar year 2000/2001. Marketing of commercial and
residential sites and golf course memberships are to begin in calendar year 2000,
and are expected to be concluded in calendar year 2010.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to the
Collier County Land Development Code.
The !,.,hatch ee Bay P D sh ll be subject t„ the S„„set Provisions of the T .d
Development Code as modified by Paragraph 7 of the attached Settlement
Agreement and Release.
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD
monitoring until close-out of the PUD,and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the PUD. At the time of this
PUD approval, the Managing Entity is Lodge/Abbott Associates, LLC and
Lodge/Abbott Investments, LLC. Should the Managing Entity desire to transfer
the monitoring and commitments to a successor entity,then it must provide a copy
of a legally binding document that needs to be approved for legal sufficiency by
the County Attorney. After such approval,the Managing Entity will be released of
its obligations upon written approval of the transfer by County staff, and the
successor entity shall become the Managing Entity. As Owner and Developer sell
off tracts, the Managing Entity shall provide written notice to the County that
includes an acknowledgement of the commitments required by the PUD by the
new owner and the new owner's agreement to comply with the Commitments
through the Managing Entity, but the Managing Entity shall not be relieved of its
Page 30 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
responsibility under this Section. When the PUD is closed-out,then the Managing
Entity is no longer responsible for the monitoring and fulfillment of PUD
commitments.
6.5 POLLING PLACES
Pursuant to the Land Development Code, provision shall be made for the future use of
space within a common building for the purpose of accommodating the function of an
electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of
Collier County,which shall be binding upon any and all successors in interest that acquire
ownership of such common areas including, but not limited to,condominium associations,
homeowners' associations,that such common facilities may be used for an electoral polling
place if determined to be necessary by the Supervisor of Elections.
6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
FROM THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC)
A. Sidewalks / bike paths shall conform with the LDC. Due to the environmental
issues on this Project impacts are to be minimized.
B. Private streets shall conform with the right-of-way width requirements of the
Land Development Code except as follows:
1. The right-of-way for Gcul-de-sacs and other local streets less than one
thousand feet (1,000') in length are required to have a may be a minimum
fifty foot (50') right of way in width, with two ten foot (10') wide travel
lanes as required by the Land Development Code.
2. All other cul de sacs are required to have a minimum of fifty foot (50')
right of way width and two ten foot (10') wide travel lanes as required by
the Land Development Code.
K. Tangents between reverse curves shall not be required under the Land
Development Code.
4.3. Street grades may exceed four percent (4%) under the Land Development
Code provided that applicable Florida Department of Transportation,
Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO
criteria are met.
4. Pursuant to the Land Development Code, the standard that street name
markers shall be approved by the Development Services Director and
Page 31 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
conform with the Florida Department of Transportation Federal Highway
Administration Manual on Uniform Traffic Control Devices are waived.
The requirements for street pavement painting, stripping and reflective
edging of the main road system will be waived. Traffic circulation signage
shall be in conformance with Florida Department of Transportation Federal
Highway Administration Manual on Uniform Traffic Control Devices
standards.
5-6_ Pursuant to the Land Development Code, the minimum back of curb radii
for internal roads shall be 30 feet with the exception of both entrance road
intersections which shall be 40 feet.
6.7 TRANSPORTATION—For Additional Information,see Settlement Agreement and
Release
A. The Developer shall provide a fair share contribution toward the capital costs of
any traffic signals necessary at Project access when deemed warranted by the
County Engineer. The traffic signals will be designed, installed, owned, operated,
and maintained by Collier County. The Developer shall provide arterial level street
lighting at all Project accesses prior to the issuance of any certificate of occupancy
for a building accessed from a Project entrance.
B. The Developer agrees that Collier County reserves the right to disallow developer
improvements within Vanderbilt Drive, East/West Livingston Road, and/or
Wiggins Pass Road rights-of-way if such improvements conflict with or negatively
impact public roadway, drainage, or utility facilities planned as part of future four-
laning construction.
C. The Developer shall provide additional right-of-way in fee simple title, when
necessary,along the PUD frontage to Vanderbilt Drive. Additional right-of-way is
required in varying widths from 10 feet to 25 feet on both sides of Vanderbilt Drive
as shown on the final four-lane design plans prepared for Collier County by Johnson
Engineering, Inc. Such required right-of-way along each side of Vanderbilt Drive
shall be dedicated and conveyed to Collier County without consideration for impact
fee credits for public roadway, drainage, and public utility improvements. The
right-of-way conveyance shall occur at the time requested by the County.
D. The Developer shall provide additional right-of-way in fee simple title, when
necessary, along Vanderbilt Drive and Wiggins Pass Road at all proposed and
authorized access points wherein right turn lanes for development purposes are
required or specified. Such additional right-of-way is declared to be compensating
right-of-way and accordingly will not be subject to road impact fee credits. The
final four-lane design plans prepared for Collier County by Johnson Engineering,
Inc. do not show required right-of-way for right turn lanes for this PUD, but the
Page 32 of 56
Words underlined are additions;words s through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
right-of-way shall generally be of a typical width of approximately 15 feet. The
right-of-way conveyance shall occur at the time requested by the County.
E. The Developer shall provide the additional 10 feet of right-of-way in fee simple
title, when necessary, along the PUD frontage to Wiggins Pass Road. Additional
right-of-way is required in varying widths on the north side of Wiggins Pass Road
as shown on the final four-lane design plans prepared for Collier County by Johnson
Engineering, Inc. Such required right-of-way along Wiggins Pass Road shall be
dedicated and conveyed to Collier County without consideration for impact fee
credits for public roadway, drainage, and public utility improvements. The right-
of-way conveyance shall occur at the time requested by the County.
F. The Developer shall provide additional right-of-way in fee simple title, when
necessary, along the PUD's north boundary for future East/West Livingston Road
between Vanderbilt Drive and U.S.41. The Village Place PUD directly to the north
of this PUD has dedicated 67.5 feet of right-of-way along its southern property line
for the future East/West Livingston Road. 100 feet of right-of-way along the
northern property line for future East/West Livingston Road shall be dedicated to
the County. Such required right-of-way shall be dedicated and conveyed to Collier
County for public roadway, drainage, and public utility improvements. Collier
County shall compensate the Developer for the right-of-way based on professional
land appraisals of the fair market value based on its value prior to approval of the
PUD. The right-of-way conveyance shall occur at the time requested by the
County.
G. The Developer shall design and pay for any required road improvements to
Vanderbilt Drive that will provide access for the Project (this includes turn lanes
and other improvements such as lighting). If these improvements are made prior
to the construction of the County's Vanderbilt Drive four-lane expansion project,
the Developer shall pay the design and construction costs related to access for the
Project for the existing two-lane section of Vanderbilt Drive. Future four-lane
expansion of Vanderbilt Drive shall include the Project's access and shall be
designed and paid for by the County during the construction of Vanderbilt Drive.
If these improvements are made after the construction of the County's Vanderbilt
Drive four-lane expansion project, the Developer shall pay all design and
construction costs related to access for the Project.
H. The Developer shall meet the stormwater attenuation and water quality
requirements for the future East/West Livingston Road between Vanderbilt Drive
and US 41. The Developer shall be compensated for the stormwater management
commitments at a rate to be determined. The Project shall accept future stormwater
commitments from East/West Livingston Road along the Project property line in
the form of water quantity. Water quality will be handled within the 167.5' right-
of-way reservation.
Page 33 of 56
Words underlined are additions;words struek-thpeith are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
I. The Developer shall design noise mitigation/abatement systems in accordance with
the Collier County Land Development Code.
J. In the event the County four-lane improvements to Vanderbilt Drive or Wiggins
Pass Road precedes the development of this Project's access to Vanderbilt Drive,
the Developer shall bear the full cost for the access and appropriate turn lanes.
K. The maximum total daily trip generation for the PUD shall not exceed 236 two-
way PM peak hour net trips based on the use codes in the ITE Manual on trip
generation rates in effect at the time of application for SDP/SDPA or subdivision
plat approval.
6.8 UTILITIES
The development of this Amended PUD Master Plan shall be subject to and governed by
the following conditions:
A. Water distribution, sewage collection and transmission lines to serve the Project are to be
designed,constructed,conveyed,and/or owned and maintained in accordance with Collier
County Ordinance No. 97-17, as amended, and other applicable County rules and
regulations.
B. All customers connecting to the water distribution and sewage collection facilities to be
constructed will be customers of the County and will be billed by the County in accordance
with the County's established rates.
C. The on-site water distribution system serving the Project must be connected to the District's
water main and must be consistent with the main sizing requirements specified in the
County's Water Master Plan and extended throughout the Project. During design of these
facilities,the following features shall be incorporated into the distribution system.
1. Dead-end mains shall include dead-end flushing hydrants.
2. Stubs for future system interconnection with adjacent properties shall be
provided to the property lines of the Project at locations to be mutually
agreed to by the County and the Developer during the design phase of the
Project.
D. A water distribution system shall be constructed throughout the project
development by the Developer pursuant to all current requirements of Collier
County and the State of Florida. Water facilities constructed within platted rights-
of-way or within utility easements as west forth in Collier County Ordinance 97-
17, shall be conveyed to the County Water/Sewer District for ownership,operation
and maintenance. All water facilities constructed on private property and not
Page 34 of 56
Words underlined are additions;words s.trtre-!e-afFeuglr are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
required by the County to be located within utility easements shall be owned,
operated and maintained by the Developer, his assigns or successors.
E. All construction plans and technical specifications and proposed plats,if applicable,
for the proposed water system must be reviewed and approved prior to
commencement of construction.
F. A sewer distribution system shall be constructed throughout the project
development by the Developer pursuant to all current requirements of Collier
County and the State of Florida. Sewer facilities constructed within platted rights-
of-way or within utility easements as set forth in Collier County Ordinance 97-17,
shall be conveyed to the County Water/Sewer District for ownership,operation and
maintenance. All sewer facilities constructed on private property and not required
by the County to be located within utility easements shall be owned, operated and
maintained by the Developer, his assigns or successors.
G. All construction plans and technical specifications and proposed plats,if applicable,
for the proposed sewer system must be reviewed and approved prior to
commencement of construction.
6.9 ENVIRONMENTAL
The development of this Amended PUD Master Plan shall be subject to and governed by
the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by
Current Planning Environmental Staff. Removal of exotic vegetation shall not be
the sole means of mitigation for impacts to Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and
setbacks shall be in accordance with the Collier County Land Development Code.
C. Buffers around preserved jurisdictional wetlands shall be in accordance with the
State of Florida Environmental Resource Permit Rules. Preserved jurisdictional
wetlands and surrounding buffers shall be incorporated in Conservation Areas
which shall be platted.
D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted
to Current Planning Environmental Staff for review and approval prior to final site
plan/construction plan approval.
Page 35 of 56
Words underlined are additions,-words struelc—thi=ough are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
E. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish
and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation
Commission (FFWCC) regarding potential impacts to protected wildlife species.
Where protected species are observed on site,a Habitat Management Plan for those
protected species shall be submitted to Planning Services Section staff for review
and approval prior to final site plan/construction plan approval. A Bald Eagle
Management Plan and a Gopher Tortoise Management Plan are required for this
site.
6.10 ENGINEERING
A. Detailed paving, grading, site drainage and utility plans shall be submitted to
Engineering Review Services for review. No construction permits shall be issued
unless and until approval of the proposed construction in accordance with the
submitted plans is granted by the Engineering Review Services.
B. Design and construction of all improvements shall be subject to compliance with
all applicable provisions of the Collier County Land Development Code.
C. The Developer, its successors and assigns, shall be required to satisfy the
requirements of all applicable County ordinances or codes in effect prior to or
concurrent with any subsequent development order relating to this site, including
Site Development Plans and any other application that will result in the issuance of
a final or local development order.
6.11 WATER MANAGEMENT
A. An excavation permit shall be required for the proposed lakes in accordance with
the Collier County Code of Laws and Ordinances and South Florida Water
Management District Rules.
6.12 HISTORICAL AND ARCHAEOLOGICAL
Pursuant to the Land Development Code, if, during the course of site clearing, excavation
or other construction activity a historic or archaeological artifact is found, all development
within the minimum area necessary to protect the discovery shall be immediately stopped
and the Collier County Code Enforcement Department contacted.
6.13 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure except that temporary sales buildings, trailers,
marketing facilities, contractors storage and office facilities and the like, may be erected
Page 36 of 56
Words underlined are additions;words struckegh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
and utilized during the period of Project development and marketing. Such temporary
buildings shall be removed upon completion of the marketing or construction activity
which they are accessory to.
6.14 SIGNS
1. General
A. All County sign regulations shall apply unless such regulations are in conflict with
the conditions set forth in this Section.
B. For the purpose of this PUD Document/Ordinance, each platted parcel shall be
considered a separate parcel of land and shall be entitled to signs as permitted
herein.
C. Should any of the signs be requested to be placed within the public rights-of-way,
a right-of-way permit must be applied for and approved.
D. All signs shall be located so as not to cause sight distance problems.
2. Entrance Signs
A. Two (2) signs with maximum area of 40 square feet each or one (1) sign with a
maximum area of 100 square feet shall be permitted at each entrance to the
Development.
B. Entrance signs shall not exceed a height of fifteen (15) feet above the lowest
centerline grade of the nearest public or private right-of-way to the uppermost
portion of the sign structure.
C. Entrance signs may be lighted provided all lights are shielded in a manner which
prevents direct glare into the vision of drivers using the adjacent street or going into
adjacent residences.
3. Project Signs
A. Project signs, designed to promote the Cocohatchee Bay Project, or any major use
within the Project shall be permitted along the east side of CR 901, the north side
of CR 888,the south side of Livingston Road Extension and on all land tracts within
the Cocohatchee Bay PUD limits subject to the following conditions:
1. Project signs shall not exceed a height of twenty(20)feet above the finished
ground level of the sign site nor may the overall area of the sign face exceed
one hundred (100) square feet.
Page 37 of 56
Words underlined are additions;words struck Trough are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
2. A maximum of four (4) project signs shall be permitted. Two (20 signs
shall be located along the CR 901 frontage; one (1) shall be located along
the Livingston Road Extension frontage, and one (1) shall be located along
the CR 888 frontage.
3. Project signs may be lighted provided all lights are shielded in a manner
which prevents direct glare which would impact the vision of drivers using
the adjacent streets or going into adjacent residences.
6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Collier County
Land Development Code in effect at the time of building permit application.
6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water management
facilities or other water bodies is hereby permitted subject to applicable sections of the
Code of Laws and Ordinances. If it is demonstrated that fill activities on those buildable
portions of the Project site are such that there is a surplus of earthen material, then its off-
site disposal is also hereby permitted subject to the following conditions:
A. Excavation activates shall comply with the definition of a "development
excavation" pursuant to Code of Laws and Ordinances whereby off-site removal
shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total
volume excavated unless a commercial excavation permit is received.
B. All other provisions of the Code of Laws and Ordinances are applicable.
6.17 ESSENTIAL SERVICES—EMERGENCY ACCESS
A. In the event a fire station facility is constructed at the location depicted on the
master plan, an emergency access, which may be limited to a stabilized area,
connecting the fire station facility to the adjacent development to the south(Tarpon
Cove) will be provided. The site design of such emergency access or stabilized
area will be coordinated at time of SDP and shall be managed by the fire
department.
6.18 COUNTY PARKING LOT
A. The developers Lodge/Abbott Associates,LLC and Lodge/Abbott Investments Associates,
LLC will complete all of their obligations under new paragraph 26 of the Settlement
Agreement as amended by the First Amendment to Settlement Agreement dated October
10,2023 and recorded in Official Records Book 6297 Page 417 including but not limited
to the conveyance to the County, all described in the First Amendment to Settlement
Agreement.
Page 38 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\BCC\Post-BCC\Cocohatchee Bay PUD(PL-20220001142)(10-10-2023).docx
OR: 4368- PG: 243
is • O ® O
3 n n V
n N V
v,
s Z
' rai
.: :::.• \\� ..,c...•:fit:•
t
a
Oing
iliI i i, :, .\ j liar
i
/18 i • ,: .,.H. .., .... .,. _ c :.,..,
\ . \
a a
Exhibit"A"to Amended Planned Unit Development Document iI
COCOBATCHEE BAY Vanasse '�.d.11111 u.:�rj a+1t 0e-79-00
OW 4...4 q 144 REV 01-25-08 Mrs
PUD MASTER PLAN II Daylor ta' M,R, ,"��'- PROJECT NO.. BW,7
1._ - .n❑ umw l ,we. . ACAO NO. Bd17-PUD_YP7
11
Page 39 of 56
Words underlined are additions;words strnele-through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
C\Dwgs\Projects\Coco\ZoningSuppor0PUDMP1ZoningMaslerplan-2023-0111 dwg,1/11/2023 6.52:15 PM
S ® 10 (/1 ''''-
2
\� RI
r
r— �N oVO w5 Q : 2— IL
O X X D 2 �T oo Z u
D 0 rn m n < n DZ p w
ZT.
D _0 \N `=
O n rn rn
TI (� n Z \
r =
rn
CA
::.
cn Z n Qo '
xi
rn
rn ,
m ' 4...\. :. .. \mik- ... _:.:.: .
•
n; ..,,.,-1,
' oo
A i'/
BUFFER PER LOC
VANDERBILT DRIVE(S.R. S-865A
1.
Z A
IIli lig) \ ct 1 '
oM 7) cn r r
la
rn C D rym
� w Z o
.:�'
1,VI. . -`..rNI
Zorn
L
• o x, xi m u' l C••• .• • ,..'
Zrnrn rn .� Ill A
-10 ((.4 ciDTG� o�, 0 0
= Z (111111
nyo � mnDZ i
0 On Oov 0 � 7
1
zZm u, c -0nD
-+ rnrn0Dn
nc -0xi2 = n
2D rn.--. -, Orn
O — m - --IZcn
Oz „ W � 0
7 �m rn0 Z 70 m0mz -0 mtnm
212i AL i U
ca m nof.� 0m -ti m m�n � Z Tall
rn l> Sn
77 -< Hbl IW 1Wd1)
co (ll
SCALE DATE: PACE TITLE
AS NOTED 01/23 LODGE/ABBOTT
Qr a
COCOHATCHEE BAY 1 5620 Sonnen Court
Fort Myers,FL 33919 ASSOCIATE$ LLC
Exhibit PUD MASTER PLAN Consulting Group C.A.#28291
APROJECT NO 1408
Project Management/Civil Engineering Solutions ACAD NozonMastPlan09
OR: 4368 PG: 2434
EXHIBIT B
COCOHATCHEE BAY PUD
AMENDED BALD EAGLE MANAGEMENT PLAN
The foregoing Bald Eagle Management Plan has been coordinated throu_ and
approved by, the U.S. Army Corp of Engineers ("USACE"), the U.S. ish &
Wildlife Service ("USFWS"), and the Florida Fish & Wildlife Co..ervation
Commission("FFWCC"),I
A. 'ROJECTDESCRIPTION
The a. icant proposed to construct five high-rise condom' s(each 17 to 20
stories) , social and fitness center, a golf driving rang: tennis courts, guest
cottages, p ing areas, and storm water management .cilities on a 111.3-acre
project site.
..
•
'° ' : •• ': . To co 'nsate for unavoidable effects to bald
eagles at nest CO-19,and •w CO-19A, e applicant prepeses-te shall purchase
and preserve suitable habita or nes g bald eagles in, or in the vicinity of,
Collier County,in southwest FI. 'da he project site is located north of Wiggins
Pass Marina in Sections 8, 16, 1 and 20, Township 48 South, Range 25 East,
Collier County,Florida.
B. TERMS AND CONDIT NS°
I. In the event of' oject implementatio , the entry road, stormwater pond,
parking area, . d golf club house areas ill be cleared and constructed in
the first n -nesting season (May 16 thr. gh September 30). Exterior
construct .n of the golf club house would •Iso occur in the first non-
nestin_ .eason.
2. .• clearing and the initiation of construction of c. dominium number I
• o would be initiated in the non-nesting seaso (May 16 through
eptember 30). However,construction of this 20-story ilding,which is
Fins sec..n is from the DESCRIPTION OF THE PROPOSED ACTION section in the U. Fish&
Wildlife ervice's Biological Opinion dated February 27,2004,as amended on February 6. • ebruary
27,2v
1 In cordance with the Cocohatchee Bay Development Standards,buildings#1,#2,#3,and#4 20-
s• ies and building#5 is 17-stories.
'rivate practice area. Not open to the public
Biological Opinion dated February 27,2004,Page 14,as amended on February 6 and February 27,200,
Page 41 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
OR: 4368 PG: 243
anticipated to take about 2 years to complete, would not be limi •. to the
non-nesting season. The staging area for building number I •uld be at
the future location of building number 3 (Figure I). Site cl: ng for the
staging areas would occur in the same non-nesting period.
3. In the second non-nesting season, construction .f the remaining
recreational facilities east of the access road (i.e., "tness facility, social
facility, pool, cottages and tennis areas) would . initiated and exterior
construction completed. These facilities are tended to be operational
pon completion of the 2-year constructi. phase for condominium
ber 1.
4. Lan. " earing and the initiation of con uction of condominium number 2
likely uld begin in the next non-n ing season,depending on economic
condition- The pad for condomi "•m number 3 would again serve as the
staging ar". for condominium lumber 2. The permittee agrees the
construction .uence for e remaining condominiums would be
buildings 3,4 . 5 with start of construction of these condominiums
initiated only in non- esting season(s) (Figure I). The construction
start dates of these c ..ominiums likely would be in consecutive non-
nesting seasons,but • I . be delayed based on the economy.
5. The boardwalk c• nesting 'ndominium numbers 4 and 5 inside 660' of
CO-19A woul only be con cted in the uplands in the non-nesting
season after ese two units are .mpleted and at the revised location as
shown.
6. In the vent the bald eagle pair returns . C'0-19 or builds other nests on
pro. rty owned by Lodge Abbott Associa . , LLC,the permittee agrees to
s ilarly modify the construction sequence the remaining buildings to
linimize the adverse effects of the project on sting bald eagles.
. The permittee has proposed to preserve an.-off-••e bald eagle nesting
territory as compensation for unavoidable effects'to -agle nest CO-19A.
Securing a territory may be in the form of fee mplc title or a
conservation easement to be granted to an acceptable t .rd party. The
territory must include sufficient area to accommodate alte to nest trees
in the event that the primary nest tree is lost. The permittee 'II use best
efforts to locate and secure a territory in Collier County,but r:. es the
right to search elsewhere if an acceptable contract cannot be s- in
Collier County.
C. ADDITIONAL TERMS AND CONDITIONS5
Amended Biological Opinion dated June 30,2004 pursuant to a request for letter of technical assistance
from Collier County. Page 4-5.as amended and/or re-stated in the February 6 and 27,2007 Biological
Opinion.
Page 42 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
OR: 4368 PG: 24
The USACE has requested the USFWS to modify the February 7, 2004
biological opinion for the Cocohatchee development based on m.• fications to
the project proposed by the applicant. The USFWS has review• the proposed
project modifications and notes that they will result in th addition of the
following two (2) items to the Terms and Conditions Secti. of the biological
pinion:
1. The construction of condominiums numbers 2 • d 3 can be initiated only
during the non-nesting season(May 16 throu•. September 30)(no earlier
2008). However,once initiated,cons . tion activities can carry over
gh the nesting season until the con uction of each condominium is
corn ted.
2. The appli.• t has agreed to pure. •e and preserve an offsite bald eagle
nesting te ry prior to the i cation of construction activities for the
project. Sec g a territory • ay be in the form of fee simple title or a
conservation e.' ent to . granted to an acceptable third party. The
territory must incl a su i'cient area to accommodate alternate nest trees
in the event that the . ary nest tree is lost. The applicant will use best
efforts to locate and •.+. re a territory in Collier County, but reserves the
right to search els: •here 'f an acceptable contract cannot be secured in
Collier County. te selecti., criteria are as follows:
i) Preferenc, ill be given to s- tion of a parcel that presently supports
active nes g by bald eagles,but a ,arcel that supports suitable habitat for
attractin and supporting nesting b. d eagles may also be considered
accep Ic.
ii Preference will be given, but not limit., to, selection of a parcel of
. itable habitat that has been selected an. anked as a conservation
priority for preservation by agency process.
iii) Proximity to other conservation lands being man. •ed or identified for
preservation and management, proximity to foraging . eas, size, cover
types, and presence of other species of conservation .ncern will be
considered for selection of a parcel of suitable habitat f. nesting bald
eagles.
D. CONSERVATION MEASURE`'
Provided the necessary federal,state and local permits are obtained, the appli t
will construct a 50-to 60-foot artificial nest tree on a salt flat approximately 5,1
feet northwest of the existing nest tree CO-19. The applicant shall utilize diligent
efforts to attempt to obtain the necessary federal, state and local permits. The
°Biological Opinion dated February 27,2004,page 15
Page 43 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
OR: 4368 PG: 243
purpose of the artificial nest tree is to ascertain if eagles that are utilizing , st CO-
19 will relocate to the adjacent artificial tree. This specific location , : chosen
because it is within the territory of the eagles that nest at CO-19 arther than
1,000 feet from the proposed condominium construction area,wel suffered from
other potential conflicting land uses, and will minimize distu •. ce to wetland
resources. The geotechnical engineer (ASC Geoservices, In• rporated) suggest
hat actual fill for the base structure in the salt flat wetland I be limited to a 25-
s. are foot area, and can be pile driven by a crane from floating barge. Water
dep s are adequate to reach the site, and representat es of the South Florida
Wate 'Management District will accompany the co• ractor during barging and
tree inst. anon to ensure that environmental damn- will be minimized.
The artificia est tree will use technology d eloped for monopole cell towers
with artificial •• k, limbs and needles mate g that of a mature slash pine with a
crotch configura 4n suitable for construe '.n of a nest by bald eagles. The tree
will be designed to ithstand 140 mph Inds, be lightning proof and constructed
of non-toxic material . Examples of ' s technology can be found at manufacturer
websites such as ww ..naturenr• ers.com or www.utilitycamo.com. The
applicant also proposes t. nstal . video camera in the nest tree to provide the
residents of Cocohatchee B. . d other interested parties with an opportunity to
monitor eagle nesting behav* The final designs of the base, the nest tree, and
the camera will be submitt.. to Service.
E. CHANGES THAT FFECT TH 3: :OVE'PERMS AND CONDITIONS
Any revision by - U.S. Army Corp o ngincers (USACE), the U.S. Fish &
Wildlife Servic• (USFWS), and the Flo •.. Fish & Wildlife Conservation
Commission 'WCC)that may cause revisio of the above described terms and
conditions II not require further amendment . the Cocohatchee PUD or this
Bald Ea_ Management Plan. Should the curren eagle pair or a second eagle
pair b d a new nest within the PUD boundary, y revisions to the above
desc ' ed terms and conditions required by the agenc s listed above shall not
r re an amendment to this Bald Eagle Management P . The applicant shall
ify the County in writing of any revisions to the ahoy- escribed terms and
onditions approved by the agencies listed above and s revisions shall
automatically become part of this Bald Eagle Management PI.. and no further
action to amend this Bald Eagle Management Plan shall be requir,4
F. PHASING PLAN
In accordance with B & C above, a phasing diagram has been includ:• for
reference. See Attachment I.
G. REASONABLE AND PRUDENT MEASURES'
From Biological Opinion dated February 27,2004,pages 13-14
Page 44 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
OR, 4368 PG: 2t 8
I. For the duration of the project,the applicant must take all necess .y steps
to minimize the potential for incidental take of bald eagles . • ng each
nesting season. During the construction of the project, the a•plicant must
make reasonable effort to prolong the integrity of the bald agle nest tree,
the nest,and the surrounding habitat.
2. Upon the onset of the nesting season each year of• nstruction (October
1), the applicant must initiate monitoring acc. .ing to Service draft
monitoring guidelines,to detect the presence of ald eagles on the project
site and, if present,any abnormal bald eagle b avior,since site work and
ilding construction within the primary zo• is proposed to occur during
t}i resting season. This monitoring cons of 4 hours per morning,for 3
days- -r week while construction is occ .ng.
Page 45 of 56
Words underlined are additions:words st:,,��•�, .h;eugh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
OR: 4368 PG: 2438
I. For the duration of the project, the applicant must take all necessary steps
to minimize the potential for incidental take of bald eagles during each
nesting season. During the construction of the project, the applicant mus
make reasonable effort to prolong the integrity of the bald eagle nest tr> ,
the nest,and the surrounding habitat.
2. Upon the onset of the nesting season each year of construction 4 tober
I), the applicant must initiate monitoring according to Se' ice draft
monitoring guidelines,to detect the presence of bald eagles . the project
site and, if present,any abnormal bald eagle behavior, sine site work and
building construction within the primary zone is propos- to occur during
the nesting season. This monitoring consists of 4 ho • .er morning, for 3
•vs per week while construction is occurring.
Page 46 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
OR: 4368 PG: 2439
e
1
tiff;
, E ; t
W
a II
� ,o $3., L
IA 0
Cat
mp
1+' a
j x
1
..)•�, —►10 n1� a��
\iiii‘Itiiiii4e1 , ,
\\ ____,.(,,, :) _)I
A /' gYT:t
_ ------- --- ilkWi 165'-, ' 4104.1,444 itt.ii /
k.
�t �., •
x> ,
elortott
, mot•* ; litriti, ',, c S
0 .
b- x ...'r-
ow- o1.4,/7jr%1 ^w ¢�� . • . 1
11 :',16i:10111'r - lir; ,
_ ,` ,• ; ;
Attachment 1 to BEMP
Page 47 of 56
Words underlined are additions;words struck h are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
EXHIBIT B
BALD EAGLE MANAGEMENT PLAN
1.0 INTRODUCTION
This report provides project management guidelines for the maintenance of habitat,
foraging and nesting opportunities for bald eagles (Haliaeetus leucocephalus) within the
boundaries of the Kalea Bay and Cocohatchee golf course properties. The document
addresses the existing use of the site by eagles, with general background information on
their ecological and biological characteristics and habitat requirements. It also outlines a
description of how planning and site development will be guided in consideration of the
existing use. The plan briefly describes habitat that will be impacted by the development,
as well as that which will remain available. Maintenance of the preserve areas is also
described with the measures to be followed in order to keep the site viable for continued
nesting by future eagle pairs.
2.0 PROJECT LOCATION AND DESCRIPTION
The Kalea Bay and Cocohatchee golf course projects are an existing approved residential
and golf course development located in the North Naples area of Collier County. The
property is more specifically located east (Cocohatchee golf course) and west (Kalea Bay
residences) of Vanderbilt Drive immediately north of the intersection of Wiggins Pass
Road and Vanderbilt Drive. A portion of the preserve areas associated with the project is
also located west of Vanderbilt Drive immediately south of the intersection of Wiggins
Pass Road and Vanderbilt Drive. The Kalea Bay residential high-rise community is under
construction, with four of five towers erected, and work slated to start on the fifth at the
end of the 2022/23 eagle nesting season. The Cocohatchee golf course will be constructed
on the east side of Vanderbilt Drive. Some clearing for the course was conducted in 2002
but then put on hold. Additional work was started in 2016, but again put on hold and not
completed. The course is currently undergoing design modifications and permitting
reviews though work on previously permitted areas is underway.
Surrounding and adjacent land uses include high rise residential development and a county
park with playground and boat ramp to the south,while single-family residences and multi-
family low-rise development are found to the east and north sides of the project. Adjacent
land to the west is undeveloped open estuarine waters and mangrove forest
3.0 BALD EAGLE (Haliaeetus leucocephalus)
3.1.1 Occurrence on Site
Active bald eagle nesting has occurred on the project site for at least the past 25
years. Observations of the nesting activities by the property owners commenced
during the 1998/99 nesting season. The original nest (CO-19) was located in the
center of the site on the west side of Vanderbilt Drive. It was constructed in 1997
in a large pine tree. The tree was killed during a small fire in 1998 but was still
Page 48 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
successfully used by the eagles for several more years. A new nest (CO-19A) was
constructed during the 2005/06 nesting season. The new nest was located in a pine
tree approximately 1000 feet northwest of the original nest tree. The nest has been
taken over by great horned owls a few times,but the eagles continued to come back.
During the 2019/20 season, the eagle pair built another new nest (CO-19B) a little
over 2,000 feet to the east, on the east side of Vanderbilt Drive but have never
actually used this nest. They instead moved back to the CO 19A nest for the nesting
seasons since 2019/20.Great horned owls were observed using nest CO-19B during
both the 20/21 and 21/22 seasons. CO-19B was blown out of the tree during
Hurricane Ian in September 2022 and has not been rebuilt.
The nests were permitted to be taken via a Biological Opinion initially issued in
2004 and subsequently modified later in 2004 (for the original nest (CO-19)
location), 2006 (after the eagles built CO-19A) and 2007. The authorization to
allow take of the nest was then continued via a transitional permit(MB 196606-0)
in 2008. The area and trees around the CO-19B nest tree is being preserved under
the modified design even though active nesting has not occurred at that site since
the nest was constructed.
Three of the buildings have been constructed while the fourth is substantially
complete and the fifth will soon be under construction. All construction to date has
been accomplished per the terms and conditions as outlined in the BO and
authorized under the transitional permit.
The new nest (CO-19B) on the east side of Vanderbilt Drive is not included in any
of the take authorizations that have been issued to date on the subject property.This
nest site is located in an area that is currently approved to be cleared for the golf
course. The course is being modified to try and avoid the nest tree as much as
possible even though the eagles have never used this nest. It was co-opted by great
horned owls immediately after it was constructed. The work proposed to construct
the golf course will encroach within the 330 and 660 foot buffer zones around the
nest tree but since the nest is no longer present,additional permitting is not required.
Annual monitoring has been and will continue to be conducted to document any
usage or new nesting. If a new nest is constructed, then a new or amended eagle
permit will be required and will be coordinated with USFWS.
3.1.2 Biology and Habitat Requirements
The bald eagle is the largest raptor that breeds on the peninsula of Florida, with a
wingspan of about seven feet. Body plumage is dark brown with the head and tail
a distinctive white. Juveniles are brown-black and fully developed with a white
head and tail by the age of five or six.
Eagles typically nest close to water with their diet comprised mainly of fish but
supplemented with a variety of vertebrates including birds and turtles. Thus, nests
Page 49 of 56
Words underlined are additions;words st u.�-ate, , h are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023)docx
must provide prey opportunities in the vicinity, good visibility and a clear flight
path.
Nest laying begins in early fall and the cone shaped nests can be 6 feet across and
6-8 feet deep, lined with soft materials. Most commonly, living pine or cypress
trees are chosen where some canopy remains above the nest. The ratio of water to
land edge is one of the most important considerations and so long as prey density
does not diminish, habitat suitability of an area remains constant.
Egg laying peaks in early December and clutches usually consist of one to two eggs
with incubation of approximately 35 days. The young fledge after 10-12 weeks
although parental care may continue a further 4 to 6 weeks after this. Most of
Florida's eagle pairs are year round residents while the young are migratory.
In addition to the nesting tree,diurnal perch sites are an important part of the eagle's
territory,when,during the non-nesting season,perching may take up 74-83%of the
day (FWS). Selection is similarly based on how much prey is available in the
vicinity and how well the bird can see it,thus perch sites are typically trees bordered
by an open area such as river or lake banks.
As a top predator eagles are vulnerable to the build up of contaminants in the food
chain. Population size was severely affected by the use of the pesticide DDT(now
banned), which reduced reproductive success by thinning eggshells; lead and
mercury poisoning are on-going concerns. Multiple disturbances by humans of
nesting birds has been shown to lead ultimately to nest abandonment. Spatial and
temporal isolation from the nest site and feeding areas are components of species
management plans.
Given the general requirements for the ecological success of the eagle,an overview
of how development on the project site will allow continued habitation is provided
below.
3.1.3 Site Development Considerations and Species Management Protocol
The current site plan calls for development of 5 high-rise residential towers with
clubhouse and recreational amenities, and a golf course with associated clubhouse,
maintenance, and stormwater components. The high-rise buildings were originally
permitted as 4-20 story buildings,and 1 - 17 story building. One component of the
current plan is to amend the building heights to all 5 as 20 story buildings. The
parking and staging for the construction of building 5 is on the east side of
Vanderbilt Drive and is within the 660 foot buffer around the CO-19B nest tree.
The current golf course approvals would directly impact the CO-19B nest tree, so
the golf course is being modified to avoid the nest tree and adjacent potential
perches. However, the updated design of the course still falls within the 330 foot
buffer.The updated layout for the course has the fairway for one of the holes located
Page 50 of 56
Words underlined are additions;words stl.uelc-thfeugh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-202 2000 1 1 42)(4-27-2023).docx
approximately 35 feet from the nest tree. It is not possible to shift the hole further
away due to the existing conservation easements and wetland preserve that are
already in place as a result of the original permitting.
As stated though, with no nest present, monitoring or additional permitting is not
required unless the eagles re-establish a nest in the tree. If a new nest is constructed
prior to the completion of construction activities,then a new or amended bald eagle
permit will be required.
The main foraging area for the eagles is the Wiggins Pass estuarine system, which
is designated as Outstanding Florida Waters,220 acres of which has been protected
by the project via conservation easements to the South Florida Water Management
District, US Army Corps of Engineers, and Collier County, preserving this habitat
in perpetuity. Approximately 90 acres of which were purchased as mitigation for
the incidental take permit which was issued for the project.
The National Bald Eagle Management Guidelines (2007) recommend the
establishment of a single buffer zone 660 feet or less from the nest, depending on
the presence or absence of existing activities (of"similar scope") and the visibility
of the activity from the nest. To avoid disturbing nesting bald eagles, FWS
recommends:
• Keeping a distance between the activity and the nest(distance buffers),
• Maintaining forested (or natural) areas between the activity and around nest
trees (landscape buffers), and
• Avoiding certain activities during the breeding season.
The buffer areas serve to minimize visual and auditory impacts associated with
human activities near nest sites. Ideally, buffers would be large enough to protect
existing nest trees and provide for alternative or replacement nest trees.
The CO-19A nest location is approximately 112 feet from the closest permitted
high rise building and approximately 60 feet from the clearing limits. The CO-19B
nest location is approximately 570 feet from Vanderbilt Drive and 436 feet from
the bypass which will be used as parking and staging during the Building 5
construction.
Under the proposed project amendments, nothing would change with respect to the
proximity of structures or clearing around nest CO-19A, though Building 5 would
increase from 17 stories to 20 stories in height. Nest CO-19B was constructed
within the permitted development footprint for the golf course. As a result of this
new nest location,the golf course holes and lake area around the nest tree have been
amended to avoid the nest tree and leave some of the potential perch trees in place
to accommodate a nest if the eagles decide to rebuild one in this location in the
future.
Page 51 of 56
Words underlined are additions;words struelf-through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
The owners of the property are aware of the CO-19B nest location and are aware
that the golf course and Building 5 staging areas may be subject to additional
restrictions depending on whether or not a new nest is re-constructed in the future.
Based on the monitoring efforts undertaken since CO-19B was constructed, there
has been no successful eagle use of the nest. Great horned owls took the nest over
immediately after construction and have used it successfully during the ensuing
nesting seasons until September 2022 when the nest was destroyed by Hurricane
Ian. Even though eagle nesting has not been documented at this site, the project
proposes ongoing monitoring to document if new nest construction is initiated as
well as the following to minimize the chance of disturbance of the eagles should
they rebuild the nest in the future.
• All clearing and earthwork (including lake excavation) within the 660 foot
buffer zone will be done between May 16 and September 30 (outside of the
eagle nesting season).
• Construction will be scheduled so that work further from the nest will occur
before construction closer to the nest.
• All exterior lighting will be shielded so that lights do not shine directly towards
the nest.
• A visual buffer between the staging and parking activities for building 5 and
the nest will be enhanced with opaque fencing as well as by planting native
Ines and hardwoods within the landscape buffer area.
• A no-entry buffer zone will be established around the nest tree to keep golfers
and maintenance equipment away from the tree during nesting season.
• Monitoring of the nest will be undertaken during initial maintenance activities
to determine if golf course maintenance (mowing) disturbs the nesting and
chick rearing of the eagles. Limits to maintenance activities with respect to day
of the week, times of day, and activities allowed during nesting season will be
assessed regularly and amended as needed to minimize disturbance to any
nesting eagles.
As mentioned previously, the new nest location is right in the middle of the
previously approved golf course plan. There is no way to reconfigure the golf
course to avoid the 330 foot buffer, much less the 660 foot buffer. If a new nest is
rebuilt in the same area, the incidental take permit with FWS will have to be
amended to allow for the golf course construction to be undertaken.
Page 52 of 56
Words underlined are additions;words st;u c'k�, tl rwugh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
2,,V)01 t OW NOUYOOI 0.0 Mk i 3413S36d303 6 t 4661Tva3031-1I1.013d1331.900J1asnoo1K6•0.4-6 tt660
it ,.T/
pp A
r
�� �,r. .r'Y=
fit 01 iallim
E xP
0r .A.' miimito 7
CB
H
z o to ,o OC
b mo
OOzy
o Zz�Rw
*z 2ZIF 71 W
)Z 'o mu 11
ND f o� -
r
� O T Uv
In t ,
O X
0 •
O D z K
-I -< T D r o0 ! m °
0o
1 D� mTII Zc-o ��
•
I
mm, 0
1
g4.i0
C
-d'I€ = Z (_)
m
p
D D
z
Z
0
m
u
N
Page 53 of 56
Words underlined are additions;words.t+aeek-through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000I 142)(4-27-2023).docx
ZZOM VO!S1 S3N 310V3 HIM A3YO04000 TVtl an0 0'1,ZDOLUI 310Vf0 t t3T11BN%3U3311S\OV]Nanb E00 N•PI4'0 tt001<
j
IJ
ill rg
iaI
^^ J
to
V XI
1� •
M
7!"" H
D
m
,
D Z
II Zx 0 1 rEj .:_01..i � '). V) 0 '
D O m
1 ?N D `;
/I.
111 VtiNDERBILT DRN Z
0
(--(31_______
cn .
om XD
' r oo 5M c z to0m
Z Z (n D y
m o rnto "
—1 Z I,
0) 71
m
m
c N Z
''_ I m
sse
NJ CO
Y8w
u
L
i. f _
04
1� 1424 4 L
Page 54 of 56
Words underlined are additions;words struelk-througlh are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
Z OZttUUl Sb311ff 1S3N 1S3M 6.1,6ZOL"Ol"310V3 0.304I81H>3433HS+OVJNuno„lu6 N.,,'61100\d
I IF
ilk
E Pri
g'hI
I, . -
N, / \
fl / \
Z / —
7 0, m
<7, ``` / \n D �Im
; Z
m
: Wm , ( >>z,
199 i v l
�` w /Q _t . /
r . \ N........
.,„„t ,. t. .„. /,410,,, •
.....,_ : i ' 1 ,- \
f - - - \
1 !:1*!1( LI'.\L_- -7' ''''-:;:;'<lf'.- ‘11hilr®41111/ '' '''/' /‘4.'illi')1)'1'''ll /
' __,- _--. 1 11 k, ,: : , (IT t_i, ,>____,,
Page 55 of 56
Words underlined are additions;words��are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-2022000 1 1 42)(4-27-2023).docx
1GO sM3 ine 1s3H lsY3 eW ZZOZ.0 3lor3 n .�IE1,680
:. - : :
i6--�- i ',• J
9B
wr. �
ii f 1 0 ...,,...
E P 11 ,1
• t"aa�� .� ..
--- 2lOd JNINNVd NV JNIOV1S
1analsNoD
,i-.R" /• ,,,, . --------,, ,
_ / . :,....,..••'------
- \
Z7
4.
Wa
`l r '�,.
d L r
1 zm„, 0) r
OD ICI + y6
m ` a
t
`)o. /
0 •'g0 0 z m
r� •� O m D /
0
� t w l /rrn
St
i /
3c ! iI/ , \-,.+/ •fir, /
f r.
g
11
*2 $
d
'p 3 '
1
Page 56 of 56
Words underlined are additions;words struck through are deletions
H:\2022\2022025\WP\PUDA\4-26-2023\Cocohatchee Bay PUD(PL-20220001142)(4-27-2023).docx
`A \fif sII,
i
40 -.'-
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 18, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-46, which was filed in this office on October 17,
2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270