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Ordinance 2021-18 ORDINANCE NO. 2021- 1 8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 THE RURAL AGRICULTURAL ZONING DISTRICT WITHIN THE MOBILE HOME OVERLAY AND THE RURAL FRINGE MIXED USE DISTRICT OVERLAY-RECEIVING LANDS TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) WITHIN THE RURAL FRINGE MIXED USE DISTRICT OVERLAY-RECEIVING LANDS FOR A PROJECT KNOWN AS NC SQUARE MPUD, TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE, AND A MINIMUM OF 120 AND MAXIMUM OF 129 DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT. THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.4± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20180002234) WHEREAS, Jessica Harrelson of Davidson Engineering and Noel Davies, Esquire of Quarles & Brady, P.A., representing Immokalee Square, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: [19-CPS-01870/1616165/1]194 NC Square PUDZ/PL20180002234 Page 1 of 2 3/24/21 SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 49 South, Range 27 East, Collier County, Florida, is changed from a Rural Agricultural Zoning District within the Mobile Home Overlay and the Rural Fringe Mixed Use District Overlay-Receiving Lands to the Mixed Use Planned Unit Development (MPUD) Zoning District within the Rural Fringe Mixed Use District Overlay-Receiving Lands for a project known as the NC Square MPUD, in accordance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021-17 becomes effective. PASSED AND DULY ADOPTED by super-majority Apr : vote of the Board of County Commissioners of Collier County, Florida, this JR day of it p r ; I , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER OUNTY, FLORIDA towidtAdsA eiuutac k BY: i Attest as to Chairnian's Deputy Clerk P aylo hairman signature only. Appr ved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: This ordinance filed with the Exhibit A -List of Permitted Uses sear-tory of S tz's Offic,,a_ti_c Exhibit B -Development Standards Q of Gr�bi'1 Exhibit C-Master Plan ❑� and acknowfe�l<�ern it thfit Exhibit D-Legal Description filin. received this `4--- d=y Exhibit E-List of Deviations of , Exhibit F - List of Developer Commitments 41;� �► D�cury C a i [19-CPS-01870/1616165/1]194 NC Square PUDZ/PL20180002234 Page 2 of 2 3/24/21 EXHIBIT A LIST OF PERMITTED USES Regulations for development of the NC Square MPUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or Plat. MAXIMUM INTENSITY: A minimum of 120 residential units, not to exceed a maximum of 129 residential units, 44,400 square feet of commercial land uses and a 12,000 square feet day care, limited to 250 students, shall be permitted within this MPUD. The uses are subject to the trip cap identified in Exhibit F of this MPUD. Residential density shall be subject to an Affordable Housing Agreement between the Owner and Collier County. PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part,for other than the following: A. PRINCIPAL USES—COMMERCIAL TRACT: All permitted principal and conditional uses listed within the C-1 'Commercial Professional and General Office District' through the C-2 'Commercial Convenience District', and the following limited uses, permitted within the C-3 'Commercial Intermediate District': 1. Amusement and recreation services, indoor (SIC 7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only) 2. Animal specialty services, except veterinary(SIC 0752, excluding outside kenneling) 3. Apparel and accessory stores(SIC 5611-5699)with 5,000 square feet or less of gross floor area in the principal structure 4. Auto and home supply stores (SIC 5531) with 5,000 square feet or less of gross floor area in the principal structure 5. Business associations (SIC 8611) 6. Business services — miscellaneous (SIC 7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bondspersons, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, process serving services, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, NC Square MPUD PUDZ- PL20180002234 March 24, 2021 sponging textiles, swimming pool cleaning, tape slitting, tax collection agencies, texture designers, textile folding, tobacco sheeting,window trimming, and yacht broker) 7. Drug stores (SIC 5912) 8. Eating places (SIC 5812) with 6,000 square feet or less in gross floor area in the principal structure. 9. Essential services, subject to LDC Section 2.01.03 10. Food stores (SIC 5411-5499, except poultry dealers) with greater than 5,000 square feet or less of gross floor area in the principal structure 11. General merchandise stores (SIC 5331-5399, except salvage stores and surplus stores) with 5,000 square feet or less of gross floor area in the principal structure 12. Health services, offices and clinics (SIC 8011-8049, 8071, 8092, 8099, except for blood banks, blood donor stations, plasmapheresis centers and sperm banks) 13. Home furniture and furnishings stores(SIC 5713-5719)with 5,000 square feet or less of gross floor area in the principal structure 14. Household appliance stores(SIC 5722)with 5,000 square feet or less of gross floor area in the principal structure 15. Insurance carriers, agents and brokers (SIC 6311-6399, except health insurance for pets, 6411) 16. Laundries, family and commercial (SIC 7211) 17. Membership organizations, miscellaneous (SIC 8699) 18. Musical instrument stores (SIC 5736) with 5,000 square feet or less of gross floor area in the principal structure 19. Paint stores (SIC 5231) with 5,000 square feet or less of gross floor area in the principal structure 20. Personal services, miscellaneous (SIC 7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only)with 5,000 square feet or less of gross floor area in the principal structure 21. Personnel supply services (SIC 7361 and 7363) 22. Physical fitness facilities (SIC 7991; 7911, except discotheques) 23. Political organizations (SIC 8651) 24. Radio,television and consumer electronics stores (SIC 5731) with 5,000 square feet or less of gross floor area in the principal structure 25. Repair services—miscellaneous(SIC 7629-7361,7699-bicycle repair, binocular repair,camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only) 26. Retail nurseries, lawn and garden supply stores (SIC 5261) with 5,000 square feet or less of gross floor area in the principal structure. 27. Retail services - miscellaneous (SIC 5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools,tombstones and whirlpool baths)with 5,000 square feet or less of gross floor area in the principal structure NC Square MPUD PUDZ- PL20180002234 March 24, 2021 2 28. Vocational schools (SIC 8243-8299, except automobile driving instruction, charm schools, charm and modeling finishing schools, flying instruction, hypnosis schools, survival schools and truck driving schools. Music and drama schools shall be limited to 60 decibels audible from outside.) B. PROHIBITED USES—COMMERCIAL TRACT 1. Gasoline service stations (SIC 5541) 2. Stand-alone drive-through restaurants (SIC 5812) 3. Homeless shelters 4. Soup kitchens C. ACCESSORY USES—COMMERCIAL TRACT 1. Outdoor playground associated with Child Care Services(not to exceed 5,000 square feet) 2. Accessory uses and structures customarily associated with the permitted principal uses and structures D. PERMITTED USES- RESIDENTIAL TRACT 1. Multi-Family dwellings 2. Townhouse dwellings 3. Model homes/model sales or leasing offices 4. 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 E. ACCESSORY USES—RESIDENTIAL TRACT 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Recreational facilities, such as swimming pools and playgrounds b. Garages c. Screened enclosures F. PERMITTED USES—PRESERVE TRACT 1. Preservation 2. Water management, as allowed by the LDC 3. Passive uses, as per LDC requirements 4. Uses subject to LDC section Allowable uses within County required preserves NC Square MPUD PUDZ- PL20180002234 March 24, 2021 3 EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standards tables. 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 I COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 square feet N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM YARDS (EXTERNAL) From Immokalee Road ROW 50 feet 25 feet From Catawba Street ROW 50 feet 20 feet From the Western Commercial Tract Boundary 30 feet 15 feet From Southern PUD Boundary 30 feet 15 feet MINIMUM YARDS (INTERNAL) Internal Drives 15 feet 15 feet (Measured from back of curb) Lakes (measured from the Lake Maintenance 5 feet 5 feet Easement) Preserve 25 feet 10 feet MINIMUM DISTANCE BETWEEN STRUCTURES 10 feet 10 feet MAXIMUM HEIGHT Zoned 35 feet 35 feet Actual 42 feet 42 feet MINIMUM FLOOR AREA N/A N/A 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. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 4 TABLE II RESIDENTIAL DEVELOPMENT STANDARDS TOWNHOUSE MULTI-FAMILY ACCESSORY USES (PER UNIT) MINIMUM LOT AREA 1,200 square feet N/A N/A MINIMUM LOT WIDTH 20 feet N/A N/A MINIMUM LOT DEPTH 50 feet N/A N/A MINIMUM YARDS (EXTERNAL) From Immokalee Road ROW 200 feet 200 feet 25 feet From Eastern Residential Tract Boundary 30 feet 30 feet 20 feet From Western PUD Boundary 30 feet 30 feet 15 feet MINIMUM YARDS (INTERNAL) Internal Drives 15 feet1 15 feet 15 feet (Measured from the back of curb) Lakes (measured from the Lake 5 feet 5 feet 5 feet Maintenance Easement) Preserve 25 feet 25 feet 10 feet Front 20 feet1 20 feet 10 feet Side 10 feet 10 feet 10 feet Rear 10 feet 10 feet 5 feet MINIMUM DISTANCE BETWEEN 10 feet 25 feet 10 feet STRUCTURES MAXIMUM HEIGHT Zoned 35 feet 40 feet 35 feet Actual 42 feet 47 feet 42 feet 800 square feet 700 square feet N/A MINIMUM FLOOR AREA per unit per unit 1 Townhouse front entry garages shall be setback a minimum of 23 feet from the back of sidewalks. 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. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 5 EXHIBIT C PUD MASTER PLAN NC Square MPUD PUDZ- PL20180002234 March 24, 2021 6 u� Z z w ctin Q wo o fx Wmw z H W w O 11 ,- N � 5Q 2nULL 0o WO p O W LL w 5 H 0 O C7 Z w W 1- C� II jO Q —� DO .,x z w I_ w Z� p !III I III!I u l 0 z c9 Q = ?o w -- W o vf) 0 0 a �IIIUIm11,Illllui�l'll N w W d Yu :' Zip Q p d' NQJ 1,,;' O ¢ Z w z °- (31.VAI ld) J 0 W '�_ _ -J 133aLS V9MV.LVQ_ I 0 U ?Z Z O ..,. 0., 0.,_ l -.--- Ii I A J 11 0 N N N � . . . 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C7 O - Z0 w > E - c w O w 1 O Q 0 0 wU I- W N W I- u.IdI-Lu � U oC W 0 0 O W L,1 (nccNCCw D0 � 0 ccsi � cc � 0 00wOZ O cc u_ Ow v 0O z 57 u 0cc > ? 0 Ov) 0D z _• = _, 0 0 - - oLu - �+- vi z = = Qw x x0 ~ x wcC � ccW zry a - Q Q e Q < rgo1 2m2 2 2 � �2 wow - � < �.v Q w A Ww N Z °c ~ =ld" = W W N ZN�a8 eN UZDN Z .-IOOZW W Z zZ1° O * I= = Ooc Q Q0ogz a a 0 > HaW U QLU z » Wa Z cwi) Z ww Z W I- (Wi) W W W O:'' Z ,�, pwc[ w 2 w jcmww � " Z• r00 i- ( 2 0 w0aOa cc 0_ Q`'c woLc:L - LZOZ 'bZ ioyy uowysnJq Too (Z dOW) 6mp;O-dO\sali11aays\pni0 alb\3bvf10s 331VNOWWI\I\s;oafoid ani.;oV\:Z R EXHIBIT D LEGAL DESCRIPTION Legal Description: (Official Records Book 5534 Page 851 Collier County, Florida) The West 1/2 of the Northeast 1/4 of the Northwest 1/4 and the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of section 29, Township 48 South, Range 27 East, less the north 100 feet thereof previously dedicated for State Highway purposes and less lands described as Parcel 139 in Order of Taking records in Official Records Book 3302, Page 3221, all within Collier County, Florida. Description: Parcel 139 Order of Taking Records in Official Records Book 3302, Page 3221, Collier County, Florida A portion of the W 1/2 of the NE 1/4 of the NW 1/4, and the NE 1/4 of the NE1/4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Highway purposed, Collier County, Florida. more particularly described as follows: Commence at the North 1/4 Corner of said Section 29; thence South 02°22'23" East, along the east line of the Northwest 1/4 of said Section 29,for a distance of 100.04 feet,to a point on the Southerly Right-of-Way line of State Road #846 (Immokalee Road) and the POINT OF BEGINNING of the herein described parcel; thence continuing, South 02°22'23" East, along the said East line, for a distance of 88.99 feet; thence South 86°00'23" West,for a distance of 328.55 feet; thence North 03°59'37" West,for a distance of 10.00 feet; thence South 86°00'23" West, for a distance of 342.35 feet; thence South 03°59'37" East, for a distance of 19.73 feet; thence South 86°00'23" West, for a distance of 109.24 feet; thence North 03°59'37" West, for a distance of 20.06 feet; thence South 86°00'23" West, for a distance of 505.83 feet; thence North 02°23'24" West, for a distance of 78.65 feet, along the west line of the Northeast 1/4 of the Northwest 1/4 of said Section 29;to a point on said Southerly Right-of-Way Line; thence North 86°00'23" East, along said Southerly Right-of-Way Line,for a distance of 1,286.29 feet,to the POINT OF BEGINNING, Containing 2.452 acres, more or less. Property contains 24.4 acres or 1,062,862 square feet more or less. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 9 EXHIBIT E LIST OF DEVIATIONS 1. Deviation #1 seeks to relief from LDC Section 3.05.07 A.5 "Preservation Standards," which requires that preserve areas be interconnected within the site, to instead allow two separate preserve areas that are not connected within the site. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 10 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS The purposed of this Section is to set forth the development commitments for the development of this project. 1. GENERAL A. Development of this MPUD shall comply with the following requirements and limitations: i. This MPUD shall provide a minimum of 120 residential dwelling units and a maximum of 129 residential dwelling units, subject to an Affordable Housing Agreement between the Owner and Collier County. ii. This MPUD shall be subject to all provisions of the Rural Fringe Mixed Use District Receiving Lands provisions except as provided in the NC-Square Mixed-Use Overlay of the Future Land Use Element. iii. This MPUD shall be developed with a common theme for architecture, signage and landscaping. iv. Pedestrian connectivity shall be provided between land uses throughout the MPUD, as well as to the existing sidewalk on Immokalee Road. B. 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 Immokalee Square, 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 their/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. C. 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) D. All other applicable state or federal permits must be obtained before commencement of the development. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 E. The developer shall avoid the archaeological site, as depicted on the Conceptual Master Plan. All clearing within 100 feet of the archeological site shall be monitored by a certified archeologist. 2. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to 463 two-way,AM peak hour trips and 467 two-way, PM peak hour trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of the application for SDP/SDPA or subdivision plat approval. 3. ENVIRONMENTAL A. The preservation requirement shall be 40%of the existing native vegetation on-site, not to exceed 25%of the total site acreage. (24.4-acres x 25%= 6.1 acres required) B. Big Cypress fox squirrel (Sciurus niger avicennia) and Florida black bear (Ursus americanus floridanus) management plans will be submitted to and approved by Collier County Environmental Services staff prior to site development plan approval. The management plans shall follow the Florida Fish and Wildlife Conservation Commission's (FWCC's) most recent recommended conservation practices for these species,where practicable. Informational posters for these species will be provided to the construction crew prior to site clearing activities, and the FWCC's created brochure"A Guide to Living in Bear Country"will be provided to the homeowners association for distribution to residents at post-construction. Residents will also be provided with information regarding the use of bear-proof garbage containers. 4. LANDSCAPING A. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to provide the required Type B buffer, a minimum 6-foot-wide landscape buffer reservation located outside of the preserve will be conveyed by the owner to a homeowner's association or condominium association at the time of SDP or plat approval. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6' wide reservation to meet the buffer requirements. The type, size and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. 5. LIGHTING (COMMERCIAL TRACTS) A. Site lighting shall be Dark Skies compliant, with full cutoff shielding and installed to protect neighboring properties from direct glare. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 12 6. UTILITIES A. The Developer shall provide an 8" water main stub-out at the southeast corner of the eastern parcel (i.e. southernmost point of the project frontage on Catawba St) at time of project construction and the Owner shall convey a 15'wide County Utility Easement(CUE)to the Collier County Water-Sewer District for the stub-out.The CUE shall be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance at no cost to the County or District, free and clear of all liens and encumbrances, prior to or concurrent with preliminary acceptance of utilities. 7. MINIMUM PROJECT DENSITY AND INTENSITY A. A minimum of 25%of the residential units (32 units) and a minimum of 4,900 SF of commercial area must be constructed to ensure a mixed-use project. No building permits shall be issued on the remaining 75% of the residential units (97 units) until the minimum commercial square footage has been issued Certificate of Occupancy. 8. SPECIAL CONDITIONS FOR THE COMMERCIAL TRACT A. The following limitations shall apply to the principal uses in the Commercial Tract: i. There shall be no associated repair of vehicles. ii. The hours of operation for any eating place shall be 5:30 a.m.— 11:00 p.m. iii. There shall be no outdoor amplified sound,televisions or music. iv. There shall be no outdoor display of merchandise associated with hardware stores. 9. AFFORDABLE HOUSING A. As documented in the Affordable Housing Agreement, the developer has agreed to construct 65 owner occupied dwelling units for residents in the "Gap" income category(earning no more than one hundred forty percent of the median income of Collier County) and 64 units owner occupied dwelling units for residents in the "Moderate" income category (earning no more than 120% of the median income of Collier County). Developer shall have the option of swapping up to 20%of the Gap Units for Moderate Units and vice-versa. 10. WILDFIRE PREVENTION AND MITIGATION PLAN A. Project Structural Design and Materials 1. Roofs shall be constructed using Class A, B or C fire rated materials. The use of flammable shakes or shingles are prohibited. 2. Soffits shall be made of non-combustible material or (minimum) %-inch nominal wood sheathing. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 13 B. Location/Defensible Space 1. A minimum 25 feet of Defensible Space shall be maintained around the development area. 2. Within Defensible Space: i. Vegetation shall be thinned and maintained. Tree crowns shall be a minimum of 10 feet apart. ii. Native plants shall be used. iii. Trees shall be maintained so that branches are 6 to 10 feet from the ground. iv. Less flammable plants species shall be used. v. More flammable plants located within 5 feet of structures shall be removed. vi. Non-flammable materials shall be used in planting beds within 5 feet of structures. vii. The Owner, Property Association and/or Homeowner's Association shall be provided with this Wildfire Prevention and Mitigation Plan and informed of responsibility to adhere to these requirements at the time of closing. viii. The Owner, Property Association and/or Homeowner's Association shall be responsible for these requirements within commons areas and structures. C. Native Vegetation "South Florida" plants shall be used on slopes adjacent to preserves. D. Prescribed Burns on Nearby Public Lands Florida conservation and agricultural lands are heavily mixed with developed areas. This can increase contact between developed spaces and other land management activities, including prescribed burning, which is often utilized to return plant nutrients to the soil, to improve ecological health for conservation lands, to improve wildlife forage, and to reduce forest fuels, thus reducing the incidence of catastrophic wildland fires. Florida remains a burn-friendly state and endorses the use of prescribed burning to promote healthy ecosystems and agricultural lands. Residents in developed areas may experience exposure to light amounts of smoke and ash from nearby prescribed burning activity. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 14 Oil 1r,01 r ' '02, FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State May 4, 2021 Ms. Teresa Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-18, which was filed in this office on May 4, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270