Ordinance 2024-08 ORDINANCE NO. 2024 - 0 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER
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 COMMERCIAL
INTERMEDIATE (C-3) ZONING DISTRICT TO A COMMERCIAL
PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR
THE PROJECT TO BE KNOWN AS THE HOME DEPOT-SE NAPLES
CPUD, TO ALLOW DEVELOPMENT OF 140,000 SQUARE FEET OF
GROSS FLOOR AREA OF USES INCLUDING COMMERCIAL
PROFESSIONAL AND GENERAL OFFICE DISTRICT (C-1) USES,
COMMERCIAL CONVENIENCE DISTRICT (C-2) USES,
COMMERCIAL INTERMEDIATE DISTRICT (C-3) USES, HOME
IMPROVEMENT STORE USES AND MISCELLANEOUS REPAIR
SERVICE USES; AND PROVIDING FOR REPEAL OF RESOLUTION
NO. 86-119, A PROVISIONAL USE FOR A RADIO BROADCASTING
STUDIO AND THE PARTIAL REPEAL OF ORDINANCE NO. 92-43
RELATING TO A FRONTAGE ROAD AND SHARED ACCESS
COMMITMENT ON PROPERTY LOCATED ON THE SOUTH SIDE OF
TAMIAMI TRAIL EAST (U.S. 41), APPROXIMATELY 650 FEET EAST
OF BAREFOOT WILLIAMS ROAD, IN SECTION 33, TOWNSHIP 50
SOUTH, RANGE 26 EAST, CONSISTING OF 13.77± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20220000543]
WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates and Hamilton
Williams of Greenberg Farrow Architecture, representing applicant Coleman, Yovanovich &
Koester, P.A. and owner Home Depot U.S.A., a Delaware corporation, petitioned the Board of
County Commissioners of Collier County, Florida, 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:
[23-CPS-02308/1852078/1]101
The Home Depot SE Naples/PUDZ-PL20220000543 1 of 3
3/14/24
SECTION ONE:
The zoning classification of the herein described real property located in Section 33,
Township 50 South, Range 26 East, Collier County, Florida, is changed from Commercial
Intermediate (C-3) Zoning District to a Commercial Planned Unit Development (CPUD) for a
13.771 acre project to be known as the Home Depot-SE Naples CPUD, to allow development of
140,000 square feet of gross floor area of uses including Commercial Professional and General
Office District (C-1) Uses, Commercial Convenience District (C-2) Uses, Commercial
Intermediate (C-3) uses, home improvement store uses, and miscellaneous repair service uses in
accordance with Exhibits A through F attached hereto and incorporated by reference herein. The
appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended,
the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance No. 92-43 is hereby partially repealed as to property described in this CPUD,
and Resolution No. 86-119 is fully repealed.
SECTION THREE:
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. G1 becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this
<Z111 day of Al Gl-, 2024.
ATTEST..:; • BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. , CLERK COLLIER COUNTY, FLORIDA
BY:
`arm, .` By:
Attest as,4 airman' ,'Deputy Clerk Ch • a 1, Chairman
signs ,r&•nly,
This ordin:rice filed with the
Se etary of Ste'ts'Of ce flee
[23-CPS-02308/1852078/l]101 -I-day ofat rK /�f
The Home Depot SE Naples/PUDZ-PL20220000543 2 of 3 and ockr►oa,iedgemen o that
3/14/24
film. recei ed this day
of
I
By .,A.
•gap
oco„t,Ct«
Approved as to form and legality:
H tJAA
di F. Ashton-Cicko 3-14-24
Managing Assistant County Attorney
Exhibit A: List of Permitted Uses
Exhibit B: Development and Design Standards
Exhibit C: Master Concept Plan
Exhibit D: Legal Description
Exhibit E: Deviations
Exhibit E-1: Building Facades
Exhibit E-2: Wall Signs
Exhibit F: Development Commitments
[23-CPS-02308/1852078/1]101
The Home Depot SE Naples/PUDZ-PL20220000543 3 of 3
3/14/24
EXHIBIT A
LIST OF PERMITTED USES
A maximum of 140,000 square feet of gross floor area shall be permitted within the CPUD.
Regulations for development of this PUD 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. Where the PUD ordinance does not provide
development standards, then the provision of the specific sections of the LDC that are
otherwise applicable shall apply.
PERMITTED USES:
A. Principal Uses:
1. 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 uses permitted by right in the C-1, C-2 and
C-3 Zoning District and the following uses. The uses listed in Section B. below are
prohibited and any uses not listed below for SIC 7699 are prohibited:
2. Home improvement stores, including enclosed unroofed garden (SIC 5211 -
center (enclosed unroofed garden center is included in the 5261)
calculation of the maximum gross floor area)
3. Repair services— miscellaneous (SIC 7699)
a. Antique and furniture repair
b. Bicycle repair
c. Optical repair
d. Camera repair
e. Dental instrument repair
f. Key duplicating
g. Laboratory instruments
h. Leather goods repair
i. Locksmith shops
j. Luggage repair
k. Medical equipment repair
I. Musical instrument repair
m. Nautical repair
n. Picture framing
o. Rug repair
p. Saddlery repair
q. Scientific instrument repair
r. Sewing machine repair
s. Sharpening and repair of knives, saws and tools
t. Surgical instrument repair
(The Home Depot—SE Naples SPUD PL20220000543) March 14, 2024 Page 1 of 12
u. Taxidermists
v. Thermostat repair
w. Typewriter repair
x. Window and blind repair
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.
B. The following uses are prohibited:
1. Animal specialty services (0752)
2. Automotive Services (7549)
3. Educational plants and public schools
4. Group Care Facilities
5. Membership organizations, miscellaneous (8699)
a. Farm granges
b. Humane societies
6. Parking Lots/Structures (7521)
7. Personal services, miscellaneous (7299)
a. Bartering services
b. Comfort station operation
c. Escort service
d. Turkish baths
8. Public administration (9661)
9. Retail services- miscellaneous (5999)
a. Monuments/tombstones
b. Sales barns
10.Valet parking
C. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
1. Gazebos
2. Light truck and trailer rental (defined to include trailers, flatbed trucks, pick-up
trucks and box trucks not requiring a commercial driver license). A maximum of
20 total vehicles,trailers, equipment will be available for rental on-site.
3. Light construction equipment rental, including but not limited to power tools,
lawn equipment, and light truck/trailer rental as defined above.
4. Outdoor display of merchandise, including but not limited to storage sheds and
lawn equipment, plants and garden supplies.
5. Seasonal sales, including but not limited to Christmas trees, garden supplies,
pumpkins and similar seasonal merchandise,these are limited to sales operated
by the property owner and subject to the time limitations in Section 5.04.05 of
(The Home Depot—SE Naples CPUD PL20220000543) March 14, 2024 Page 2 of 12
the LDC. Third party sales are subject to the permitting requirements of LDC
5.04.05.
6. Water management
7. Any other accessory use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning Appeals(BZA)or
the Hearing Examiner by the process outlined in the LDC.
D. Conditional Uses:
1. None
(The Home Depot—SE Naples CPUD PL20220000543) March 14, 2024 Page 3 of 12
EXHIBIT B
LIST OF DEVELOPMENT STANDARDS
The standards for land uses within the development shall be as stated in these development standard 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 Tamiami Trail East ROW(Front) 25 FEET 25 FEET
From Eastern PUD Boundary(Side) 25 FEET 10 FEET
From Western PUD Boundary(Side) 25 FEET 15 FEET
From Southern Boundary(Rear) 25 FEET 15 FEET
MINIMUM YARDS(Internal)
Internal Drives/ROW 10 FEET 0 FEET
Rear 10 FEET 10 FEET
Side 10 FEET 10 FEET
MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET 10 FEET
MAXIMUM HEIGHT
Zoned 50 FEET 25 FEET
Actual 60 FEET 25 FEET
MINIMUM GROSS FLOOR AREA FOR ANY 1,000 SQUARE FEET N/A
PERMITTED USE
MAXIMUM GROSS FLOOR AREA FOR PUD 140,000 SQUARE FEET N/A
(The Home Depot—SE Naples CPUD PL20220000543) March 14, 2024 Page 4 of 12
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SITE SUMMARY
TOTAL SITE AREA: 13.77± ACRE
COMMERCIAL 10.22± AC (74%)
WATER MANAGEMENT 1.08± AC (8%)
LANDSCAPE BUFFERS 1.21± AC (9%)
PRESERVE 1.26± AC (9%)
COMMERCIAL/OFFICE: MAXIMUM 140,000 S.F.
OPEN SPACE:
REQUIRED: 30%
PROVIDED: 30% (WITHIN THE OVERALL PUD)
PRESERVE:
REQUIRED: 1.26±ACRES (8.42 ACRES NATIVE VEGETATION X 15%)
PROVIDED: 1.26± ACRES
DEVIATIONS (SEE EXHIBIT E)
1. RELIEF FROM LDC SECTION 4.05.04.E, PARKING SPACE REQUIREMENTS
2❑ RELIEF FROM LDC 5.05.08.G., ARCHITECTURAL AND SITE DESIGN STANDARDS, DEVIATION AND
ALTERNATE COMPLIANCE PROCESS
3❑. RELIEF FROM LDC SECTION 5.06.04.F.4., WALL SIGN STANDARDS
RELIEF FROM LDC SECTION 5.06.04.F.4.A., WALL SIGN STANDARDS
5❑. RELIEF FROM LDC SECTION 4.02.12, DESIGN STANDARDS FOR OUTDOOR STORAGE
NOTES
is
1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION
DUE TO AGENCY PERMITTING REQUIREMENTS.
2. 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., IF NECESSARY TO MEET THE
BUFFER REQUIREMENT AFTER REMOVAL OF EXOTICS.
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EXHIBIT C DAToc*necn:mx
Chit Engineers . Land Surveyors . Planners . Landscape Architects MASTER PLAN NOTES n�NAME: —
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EXHIBIT D
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, AND RUN ALONG THE WESTERLY BOUNDARY OF SAID
SECTION, N 02°35'33" E FOR 1321.79 FEET; THENCE LEAVE SAID SECTION LINE AND RUN N
89°59'07" E FOR 2438.67 FEET TO THE POINT OF BEGINNING; THENCE N 54°26'32" W FOR
1390.84 FEET; THENCE N 35°33'28" E FOR 400.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE
OF STATE ROAD 90, (U.S. 41); THENCE S 54°26'32" E ALONG SAID RIGHT OF WAY LINE FOR
1500.00 FEET;THENCE S 35°33'28" W FOR 400.00 FEET;THENCE N 54°26'32" W FOR 109.16 FEET
TO THE POINT OF BEGINNING.
TOGETHER WITH EASEMENT AS SET FORTH IN THAT CERTAIN EASEMENT DEED AND AGREEMENT
RECORDED IN OFFICIAL RECORDS BOOK 5241, PAGE 2436 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
CONTAINING 13.77±ACRES MORE OR LESS
(The Home Depot—SE Naples CPUD PL20220000543) March 14, 2024 Page 7 of 12
EXHIBIT E
LIST OF DEVIATIONS
Deviation#1: Relief from LDC Section 4.05.04.E, which states required off-street parking according to
the requirements of this Code shall not be reduced in area or changed to any other use
unless the permitted or permissible use that it serves is discontinued or modified, or
equivalent required off-street parking is provided meeting the requirements of this Code
to instead allow a reduction up to 10% of the required parking to meet landscape
requirements within the vehicular use area and provide adequate stormwater facilities.
Deviation#2: Relief from LDC 5.05.08.G., Deviations and alternate compliance, which authorizes the
County Manager or designee to administratively approve deviations from compliance
with Section 5.05.08 of the LDC for specific types of buildings to allow the Home
Improvement Stores that can be constructed within the PUD to be eligible for this
deviation process.
Deviation#3: Relief from LDC Section 5.06.04.F.4.,Wall Sign standards,which states One wall,mansard,
canopy or awning sign shall be permitted for each single-occupancy parcel, or for each
unit in a multiple-occupancy parcel. End units within shopping centers and multiple-
occupancy parcels, or single occupancy parcel where there is a double frontage on a
public right-of-way,to instead be allowed an additional wall sign,not exceeding 35 square
feet in size,on a second building elevation not fronting a public-right-of-way.
Deviation#4: Relief from LDC Section 5.06.04.F.4.a., Wall Sign standards, which states the maximum
allowable display area for signs shall not be more than 20 percent of the total square
footage of the visual facade including windows of the building or unit to which the sign
will be attached and shall not, in any case, exceed 250 square feet for buildings over
60,000 square feet in area to instead be allowed the maximum allowable display area of
354 square feet for the sign fronting Tamiami Trail East.
Deviation#5: Relief from LDC Section 4.02.12, Design Standards for Outdoor Storage which requires
all permitted or conditional uses allowing for outdoor storage, including but not limited
to storage of manufactured products, raw or finished materials, or vehicles other than
vehicle intended for sale or resale, shall be required to screen such storage areas with a
fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in
height above ground level,to instead permit the proposed 6' high wall within the Type A
buffer to satisfy this requirement for the areas shown as material storage on the PUD
master plan. The areas utilized for equipment, rental vehicles, and display, are not
required to be screened.
(The Home Depot—SE Naples CPUD PL20220000543) March 14, 2024 Page 8 of 12
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EXHIBIT E2
WALL SIGNS
54' - 8 7/8"
4' - 6"
THE How DEPOT
54" CHANNEL LETTERS
246.33 SQUARE FEET
11' -6"
13' - 77/16"
6" I LUMBER 3' - a.. `t►'RENTAL
30" CHANNEL LETTERS 36" LOGO W/ LETTERS
34 SQUARE FEET 34.5 SQUARE FEET
28' -9"
2' -6" IGA,RDEN CENTER
30" CHANNEL LETTERS
71.88 SQUARE FEET
(The Home Depot—SE Naples CPUD PL20220000543) March 14, 2024 Page 10 of 12
EXHIBIT F
LIST OF DEVELOPMENT COMMITMENTS
PURPOSE:
The purpose 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 Home Depot U.S.A., Inc., 2455 Paces Ferry Road, Atlanta, GA 30339 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. The total daily trip generation for the PUD shall not exceed 241 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.
B. Vehicular and Pedestrian interconnection to the property to the west will be provided by
Owner, as shown on the Master Plan. Owner will provide an access easement over a portion of
the PUD to the property owner to the west, or an access easement to the public for public use
without responsibility of maintenance by Collier County, at time of the first Site Development
Plan or Plat. Owner of this PUD will be responsible for maintenance of the access easement.The
(The Home Depot—SE Naples CPUD PL20220000543) March 14, 2024 Page 11 of 12
vehicular connection and supporting infrastructure will be constructed to the property line by
the Owner of this PUD prior to the first Certificate of Occupancy. The interconnection shall
remain open to the public. All references to owner include its successors and assigns.
ENVIRONMENTAL:
A. The CPUD Shall be required to preserve 15% of native vegetation. 8.42± acres of native
vegetation exist on-site requiring a minimum preservation of 1.26± acres (8.42 X .15 = 1.26). A
minimum of 1.26± acres of native vegetation shall be retained on-site.
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, if necessary
to meet the buffer requirement after removal of exotics.
B. The type 'A' landscape buffer located along the southern boundary of the PUD shall be
enhanced to include the vegetation required for a type `B' buffer and shall include a six-foot-high
opaque masonry wall.
C. The LDC required buffer plantings along the U.S. 41 ROW shall consist of native canopy
trees.
PLANNING:
A. Parking lot lighting shall be dark sky compliant (flat panel,full cut off fixtures— backlight,
uplight and glare (BUG) rating where U =0)to avoid light spill onto adjacent properties. Fixtures
within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15-
ft mounting height. Otherwise, the site light poles shall not exceed a 25-ft mounting height.
Light levels along the PUD boundary shall be limited to no more than 0.2-ft-candles along the
joint property line where adjacent to residential property.
(The Home Depot—SE Naples CPUD PL20220000543) March 14, 2024 Page 12 of 12
sttr. k
FLORIDA DEPARTMENT OfSTATE
RON DESANTIS CORD BYRD
Governor Secretary of State
April 1, 2024
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. 2024-08, which was filed in this office on April 1, 2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270