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Ordinance 2023-23 ORDINANCE NO. 2023- 2 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REZONING AGRICULTURAL LAND IN IMMOKALEE TO ALLOW UP TO 336 SINGLE FAMILY HOMES, BY AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT WITH A MOBILE HOME OVERLAY (MHO) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE WILLIAMS FARM RPUD TO ALLOW UP TO 336 SINGLE FAMILY DWELLING UNITS ON 168± ACRES LOCATED SOUTH OF LAKE TRAFFORD ROAD AND LITTLE LEAGUE ROAD IN IMMOKALEE, IN SECTIONS 36 AND 31, TOWNSHIP 46 SOUTH, RANGES 28 AND 29 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PL20210001434) WHEREAS, Daniel DeLisi, AICP, of DeLisi, Inc., representing Diane R. Williams and Carrie E. Williams, as Co-Trustees of the James E. Williams, Jr. Non-Exempt Estate Tax Sheltered Trust u/ald 08/13/93, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Sections 36 and 31, Township 46, Ranges 28 and 29, Collier County, Florida is changed from a Rural Agricultural (A) Zoning District with a Mobile Home Overlay (MHO) to a Residential Planned Unit Development (RPUD) for a 168± acre parcel to be known as Williams Farm RPUD in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The [21-CPS-02177/1769490/1] Williams Farms RPUD Page 1 of 2 ._ 2/21/2023 .1''�U appropriate zoning atlas map or maps, as described in Ordinance No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. 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 to' Commissioners of Collier County, Florida, this Z3—day of / ! 6 i 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL I KINZEL, CLERK COLLIER COUNTY, FLORIDA By: w By: (''''-'72 Nfts AS$ t48rk Rick LoCastro, Chairman pr ved aS kb.for'rii n legality: This ordinance filed with the Secretary of State's Office the _i_ day of _1184, D ek D. Perry and acknowledgement of that Assistant County Attorney filin received this L day of IC- Attachments: Exhibit A—Permitted Uses By oa Civic ID Exhibit B —Development Standards Exhibit C —Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Developer Commitments [21-CPS-02177/1769490/1] Williams Farms RPUD Page 2 of 20 2/21/2023 EXHIBIT A LIST OF PERMITTED USES Williams Farm RPUD A Residential Planned Unit Development PERMITTED USES: A maximum of 336 single family dwelling units shall be permitted in this PUD. 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: RESIDENTIAL:Tract R A. Principal Uses: 1. Dwelling Units • Detached Single Family • Attached Single Family and Townhouses Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Customary accessory uses associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas, screen enclosures, utility buildings and infrastructure. 2. Walls, berms, signage, and development excavations. 3. Gatehouses and access control structures. 4. Recreational uses and facilities including swimming pools for residents and their guests. 5. Model homes and model home centers including sales trailers and offices for project administration, construction, sales, and marketing. Williams Farm RPUD PL20210001434 December 16,2022 Page 1 of 12 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. AMENITY AREA:Tract AA A. Principal Uses: 1. Clubhouses with cafes, snack bars and similar uses intended to serve the residents and guests. 2. Community administrative and recreation facilities. Outdoor recreation facilities, such as a community swimming pool, tennis/pickleball courts and basketball courts, parks, dog parks, playgrounds, pedestrian/bikeways, and passive and/or active water features (private intended for use by the residents and their guests only). 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, picnic areas, fitness trails and shelters to serve the residents and their guests only. 4. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private intended for use by the residents and their guests only). Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 2. Walls, berms, signage, and development excavations. 3. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Williams Farm RPUD PL20210001434 December 16,2022 Page 2 of 12 PRESERVE:Tract P A. Principal Uses: 1. Preserve B. Accessory Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting. 3. Passive recreation areas, per LDC requirements. 4. Water management as allowed by the LDC. Williams Farm RPUD PL20210001434 December 16,2022 Page 3 of 12 EXHIBIT B LIST OF DEVELOPMENT STANDARDS Williams Farm RPUD A Residential Planned Unit Development Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. Table 1 below sets forth the development standards for the land uses within the Williams Farm RPUD. TABLE I DEVELOPMENT STANDARDS DETACHED ATTACHED SINGLE DEVELOPMENT STANDARDS SINGLE FAMILY& AMENITY AREA FAMILY TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,200S.F.PER 2,200 S.F. PER LOT 10,000 S.F. PER LOT LOT MINIMUM LOT WIDTH 35 FEET 18 FEET 100 FEET MINIMUM FLOOR AREA 1,200 S.F 1,000 S.F 700 SQ FT MINIMUM FRONT YARD 25 FEET 20 FEET 20 FEET MINIMUM SIDE YARD 5 FEET 5/0 FEET 5 FEET MINIMUM REAR YARD 10 FEET 10 FEET 5 FEET MINIMUM PUD SETBACK 20 FEET 20 FEET 20 FEET MINIMUM PRESERVE SETBACK 25 FEET 25 FEET 25 FEET MINIMUM DISTANCE 10 FEET 10 FEET 10 FEET BETWEEN STRUCTURES MAXIMUM HEIGHT 30/40 FEET 30/40 FEET 30/40 FEET Zoned/Actual ACCESSORY STRUCTURES MINIMUM FRONT 25 FEET 20 FEET 25 FEET MINIMUM SIDE 5 FEET 5 FEET 5 FEET MINIMUM REAR 5 FEET 5 FEET 5 FEET MINIMUM PRESERVE SETBACK 10 FEET 10 FEET 10 FEET MINIMUM PUD SETBACK 20 FEET 20 FEET 20 FEET MAXIMUM HEIGHT Zoned 30 FEET 30 FEET 30 FEET Actual 40 FEET 40 FEET 40 FEET S.P.S.=Same as Principal Structures BH=Building Height Footnotes: Williams Farm RPUD PL20210001434 December 16,2022 Page 4 of 12 GENERAL: Except as provided for herein,all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Landscape buffers and lake maintenance easements shall be platted as separate tracts at time of subdivision plat approval. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Williams Farm RPUD PL20210001434 December 16,2022 Page 5 of 12 C� 9ei EXHIBIT C MASTER PLAN Williams Farm RPUD PL20210001434 December 16,2022 Page 6 of 12 U N LL m % c ,,•�,•• I � H O • � ,�, , :-,-1 ,_ N w O ? m W Nm - U0u_0-, O U N l ¢ > - V) YQZJJWpn Z W 0< 1a2Q0A. .,, w di ZZ)- ON (Y F aN X- Z '—Lu„, J , O a i 3 9 3 cn a > ( w w Q U` i i i 9 W W J Z f Y Q K Z K U7 m w cn F. F �. , LWL F m V) W co W W 2a W J J c). ' W m LL W 9 J ¢w�� rn���LLz QOLL Qw � + 4 + a Qo 2 -ZWi� v�COZ W I-op WJg * ♦ • ♦ > Rr O (1 "Laa Zozl W� w , _maa w U ZU W Q mZtnOO >� Ulnw * ♦ * ♦�--- ♦ I LU U I0� a, WI-cc mO W -. 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INd 061£ZOZISZR OMO'SA3N d011 SINNVd SWVI111M\AdOO-dOW-S03ZOSI.SSIS1181HX3\OVOO1f1V•00\3NOZ3N INNVd SINVIIIIM ZO-S ISS\SINNVd SINVII1IM'SS\L IOZ ONVI\, LEGEND LAND USE NOTES .400' P.U.D.ACCESS USE AREA(AC) PERCENT 1 THIS PLAN IS CONCEPTUAL IN NATURE,ALL AREA,LAKES,EASEMENTS,AND ROADS ARE RESIDENTIAL 66.18 39.39% P.U.D.EMERGENCY SUBJECT TO CHANGE THROUGH LOCAL, �> ONLY ACCESS AMENITY AREA 3.50 2.08% STATE,&FEDERAL PERMITTING RIGHT OF WAY 12.39 7.37% AA AMENITY AREA DEVIATIONS LAKES 15.27 9.09% ix SEEKS RELIEF FROM LDC,SECTION 6.06.01.N, R RESIDENTIAL AREA PRESERVE 70.68 42.07% WHICH REQUIRES MINIMUM LOCAL STREET RIGHT-OF-WAY WIDTH OF 60 FEET,TO ALLOW TOTAL 168.02 100% A 50'RIGHT-OF-WAY WIDTH FOR THE USE AREA INTERNAL STREETS THAT EXCLUDE 10' BOUNDARY PUBLIC UTILITY EASEMENTS. PRESERVE&OPEN SPACE REQUIREMENT SEEKS RELIEF FROM LDC SECTION 5.03.02.C, BOUNDARY PRESERVE REQUIREMENT al WHICH PERMITS A MAXIMUM WALL HEIGHT OF 6'IN RESIDENTIAL ZONING DISKICTS,TO LAKE TRAFFORD CAMP KEAIS STRAND OVERLAY: ALLOW A MAXIMUM WALL HEIGHT OF 8' j PERIMETER BUFFER (INLCUDES 1.10 AC NATURAL FLOWAY TO REMAIN) ALONG THE PERIMETER OF THE PROJECT INL WHERE ABUTTING AN EXISTING PUBLIC 60%OF 86.32 ACRES=51.79 ACRES ROADWAY,AND ALLOW A 12'TALL WALL/ LAKE BERM COMBINATION. -`^^^^-`^ REMAINDER OF THE PROPERTY (INLCUDES 0.61 AC NATURAL FLOWAY TO REMAIN) SEEKS RELIEF FROM LDC 3.05.07 A.5.WHICH PRESERVE 25%OF 16.30 ACRES=4.08 ACRES Q REQUIRES THAT PRESERVATION AREAS BE TOTAL PRESERVE AREA INTERCONNECTED WITHIN THE SITE AND TO ADJOINING OFF-SITE PRESERVATION AREAS 4 EXISTING CREEK =51.79 AC+4.08 AC =55.87 AC OR WILDLIFE CORRIDORS,TO ALLOW FOR AN (FLOW WAY TO ACCESS ROAD TO BISECT THE REMAIN) TOTAL REQUIRED PRESERVE:55.87±ACRES. PRESERVATION AREA TO CONNECT THE TOTAL PRESERVE PROVIDED:70.68±ACRES. PROPERTY TO THE SOUTH. OEPN SPACE REQUIREMENT E RIGHT OF WAY REQUIRED OPEN SPACE:60% PROVIDED OPEN SPACE:60% TYPICAL R.O.W SECTION 10.0' 10.0' 50.0'ROW PUBLIC PUBLICI UTILITY UTILITY 4- I EASEMENT EASEMENT 10.0' 10.0' 13.0' 13.0'OPEN SPACE 2 0' TRAVEL I ANE TRAVEL LANE 2.0'_ OPEN SPACE I I 5.0' 1 0' I liji 5'01 ��r .SIDEWALK. y"Jr1��,y#,i ...U7'. °S.- 1d 2'TYPE"F"CURB- &GUTTER(TYP.) J.R.EVANS ENGINEERING,P.A. J.R.EVAN S 9351 CORKSCREW ROAD,SUITE 102 WILLIAMS FARMS ESTERO,FLORIDA 33928 ENGINEERING PHONE:(239)405-9148 FAX:(239)288-2537 MASTER CONCEPT PLAN-EXHIBIT C WWW.JREVANSENGINEERING.COM REV DATE: 02/25/23 I SHEET: 2 OF 2 9rJ EXHIBIT D LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 31,TOWNSHIP 46 SOUTH,RANGE 29 EAST AND SECTION 36, TOWNSHIP 46 SOUTH,RANGE 28 EAST,COLLIER COUNTY,FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 31,TOWNSHIP 46 SOUTH,RANGE 29 EAST FORA POINT OF REFERENCE;THENCE SOUTH 00°21'38"EAST,ALONG THE WEST LINE OF SAID SECTION 31,2699.05 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD (COUNTY ROAD 890 FORMER STATE ROAD 850)AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;THENCE 284.00 FEET EASTERLY ALONG THE ARC OF A NON-TANGENT CIRCULAR CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 11,419.20 FEET,A CENTRAL ANGLE OF 01°25'30",AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 88°25'32"EAST 283.99 FEET TO THE END OF SAID CURVE;THENCE SOUTH 87°42'47"EAST,ALONG SAID SOUTH RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD,504.33 FEET TO THE NORTHWEST CORNER OF "ARROWHEAD RESERVE AT LAKE TRAFFORD-PHASE ONE" SUBDIVISION AS PER THE RECORD PLAT THEREOF RECORDED IN PLAT BOOK 42 PAGES 94 THROUGH 111 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;THENCE SOUTH 00°38'57"EAST,ALONG THE WESTERLY LINE OF SAID SUBDIVISION, 1427.20 FEET;THENCE SOUTH 16°24'48"WEST,ALONG THE WEST LINE OF SAID SUBDIVISION,557.19 FEET;THENCE SOUTH 86°36'35"EAST,ALONG THE WESTERLY LINE OF SAID SUBDIVISION,550.83 FEET;THENCE SOUTH 75°17'53"EAST,ALONG THE WEST LINE OF SAID SUBDIVISION,681.46 FEET;THENCE SOUTH 01°15'02"EAST,ALONG THE WESTERLY LINE OF SAID SUBDIVISION,570.23 FEET;THENCE SOUTH 42°47'04"EAST,ALONG THE WESTERLY LINE OF SAID SUBDIVISION, 128.70 FEET TO THE INTERSECTION OF SAID WESTERLY LINE WITH THE SOUTH LINE OF SAID SECTION 31,TOWNSHIP 46 SOUTH,RANGE 29 EAST;THENCE SOUTH 89°09'18"WEST, ALONG THE SOUTH LINE OF SAID SECTION 31, 1937.47 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 31;THENCE SOUTH 89°06'17"WEST,ALONG THE SOUTH LINE OF SAID SECTION 36, TOWNSHIP 46 SOUTH,RANGE 28 EAST,2652.93 FEET TO A CONCRETE MONUMENT AT THE SOUTH QUARTER CORNER OF SAID SECTION 36;THENCE NORTH 00°26'43"WEST,ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 36, 1596.83 FEET TO A CONCRETE MONUMENT;THENCE NORTH 88°59'49"EAST 2653.46 FEET TO A CONCRETE MONUMENT ON THE WEST LINE OF SAID SECTION 31,TOWNSHIP 46 SOUTH,RANGE 29 EAST;THENCE NORTH 00°16'34"WEST,ALONG THE WEST LINE OF SAID SECTION 31, 1286.40 FEET TO THE POINT OF BEGINNING. CONTAINING 168.028 ACRES MORE OR LESS. BEARINGS ARE BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM,EAST ZONE, REFERENCING THE NORTH AMERICAN DATUM OF 1983,2011 ADJUSTMENT(NAD 83/2011). Williams Farm RPUD PL20210001434 December 16,2022 Page 9 of 12 EXHIBIT E LIST OF DEVIATIONS Williams Farm RPUD A Residential Planned Unit Development Deviation #1 seeks relief from LDC, Section 6.06.01.N, which requires minimum local street right-of-way width of 60 feet, to allow a 50' right-of-way width for the internal streets that exclude 10' public utility easements. Deviation #2 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' along the perimeter of the project where abutting an existing public roadway, and allow a 12' tall wall/berm combination. Deviation #3 seeks relief from LDC 3.05.07 A.S. which requires that Preservation areas be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors, to allow for an access road to bisect the preservation area to connect the property to the south. Williams Farm RPUD PL20210001434 December 16,2022 Page 10 of 12 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS Williams Farm RPUD A Residential Planned Unit Development PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: 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 James E Williams Jr. Trust or its assigns. 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 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 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. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: A. Access will be provided to the property south of the PUD consistent with the Master Concept Plan. B. The maximum total daily trip generation for the PUD may not exceed 310 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. Williams Farm RPUD PL20210001434 December 16,2022 Page 11 of 12 LANDSCAPING: A. The PUD shall provide buffer areas consistent with LDC Section 4.06.02 and the Master Concept Plan. Where buffers overlap preserve areas, the preserve may serve as the buffer, however, additional plantings may be required within the preserve areas to meet minimum buffer requirements. ENVIRONMENTAL: A. The Project has 102.62 ±acres of native vegetation.The Project will preserve a minimum of 60 percent of the site's native vegetation within the Lake Trafford Camp Keais Strand Overlay and 25 percent of the site's native vegetation outside of the Overlay. The minimum required preserve for the PUD is 55.87±acres. The Project is providing 70.68±acres. B. Residents and construction/maintenance personnel will be informed by the managing entity or owner, that wading birds are protected species through the availability and distribution of educational materials. Residents and construction/maintenance personnel will also be provided with educational materials by the managing entity or owner, concerning the prevention of problematic encounters with American alligators, Florida panthers and Florida black bears. C. Butterfly orchids (Encyclia tampensis) were observed in various locations across the site. Before the initiation of clearing activities,the developer shall relocate all, but no more than ten, butterfly orchids (encyclia tampensis) from the development footprint to the preserve, until as many as ten orchids exist in the preserve. PUBLIC UTILITIES: A. Development in the PUD will be serviced by the Immokalee Water and Sewer District. Williams Farm RPUD PL20210001434 December 16,2022 Page 12 of 12 FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State June 2, 2023 Jennifer Hansen, BMR& VAB Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Jennifer Hansen, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-23, which was filed in this office on May 31, 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