Ordinance 2007-75
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ORDINANCE NO, 07- 75
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 PLANNED UNIT DEVELOPMENT
(PUD) TO COMMERCIAL PLANNED UNIT
DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN
AS THE GASPAR STATION CPUD, FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD
(CR 846), APPROXIMA TEL Y ONE QUARTER MILE WEST
OF THE I-75/IMMOKALEE ROAD, INTERCHANGE, IN
SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF In
ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 97-74, AS AMENDED, THE STILES
CORPORATION PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
" :!
WHEREAS, Margaret Perry, AICP of WilsonMiller, Inc, representing A. Grover
Matheney, as successor trustee, 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:
SECTION ONE:
The zoning classification of the herein described real property located in Section
30, Township 48 South, Range 26 East, Collier County, Florida, is changed from Planned
Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a
project to be known as the Gaspar Station CPUD in accordance with the CPUD
Document, attached hereto as Exhibit "A", which is 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:
Ordinance Number 97-74, as amended, known as the Stiles Corporation PUD,
adopted on November 25, 1997, by the Board of County Commissioners of Collier
County, is hereby repealed in its entirety.
Gaspar Station: PUDZ-2006-AR-I0698
Page 1 of2
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a super-majority vote by the Board of
County Commissioners of Collier County, Florida, this! ijday of2007.
~
ATTEST:
DWIGHT E BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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- _ .' ep Clerk
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BY~~
JAM N. COLETTA, CH IRMAN
Approved as to form and
legal sufficiency
~~^,-1h-~u1~-~
Marj 'e M. Student-Stirling
Assistant County Attorney
PUDZ-2006-AR-I06981KDIsp
Th!s ordinance {i:..,c.1 v,dh Ill'.
S;fl"T..tary of ,s.::..(~~. ();~
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Gnd acknowledgement of th:_ ~
fili~ived this (,0'1-4.. ,'''i-
of ~~
o..-puty Clerk.
Gaspar Station: PUDZ-2006-AR-10698
Page 2 of2
Exhibit A
GASPAR STATION CPUD
COMMERCIAL PLANNED UNIT DEVELOPMENT
17.7 Acres located in
Section 30, Township 48 South, Range 26 East
Collier County, Florida
PREPARED FOR:
A. Grover Matheney,
As Successor Trustee
2351 SW 3yth Avenue, Apt. 1112
Miami, FL 33145
PREPARED BY:
R. Bruce Anderson
Roetzel & Andress, L.PA
850 Park Shore Drive
Trianon Centre, Third Floor
Naples, FL 34103
AND
Margaret Perry, AICP
Wilson Miller, Inc.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
DATE FILED:
DATE APPROVED:
ORDINANCE NUMBER:
Revised 11-30-07 per 11-27-07 BCC action
October 20. 2006
November 27. 2007
2007-75
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS/LIST OF EXHIBITS ii
SHORT TITLE iij
SECTION I LEGAL DESCRIPTION, PROPERTY 1-1
OWNERSHIP, & GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III INTERCHANGE COMMERCIAL
LAND USE DISTRICT 3-1
SECTION IV PRESERVE/NATIVE VEGETATION DISTRICT 4-1
SECTION V DEVELOPMENT COMMITMENTS 5-1
LIST OF EXHIBITS
Exhibit A
CPUD Master Plan
Revised 11-30-07 per 11-27-07 BCC action
11
SHORT TITLE
This ordinance shall be known and cited as "THE GASPAR STATION COMMERCIAL PLANNED
UNIT DEVELOPMENT ORDINANCE."
Revised 11-30-07 per 11-27-07 BCC action iii
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the
project, and to describe the existing condition of the property proposed to be developed.
1.2 LEGAL DESCRIPTION
The project contains approximately 17.7 acres and is described as follows:
The west Y:. of the northeast 11.. of the northwest 11.. of Section 30, Township 48 South,
Range 26 East, Collier County, Florida.
less and excepting therefrom: the north 100 feet thereof and the lands described in: OR
Book 374, Pages 572-573, OR Book 1545, Pages 443-444, and OR Book 1837, Pages
1099-1101 of the Public Records of Collier County.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of A. Grover Matheney, as
successor trustee, to Owen Ward, Trustee, under that certain land trust agreement dated
June 29, 1988, with the following address: 2351 SW 37th Avenue, Apt. 1112; Miami, FL
33145.
Revised 11-30-07 per 11-27-07 BCC action I-I
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the
project, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project includes a range of interchange commercial uses, storrnwater management,
lakes, and buffer areas. The CPUD Master Plan is illustrated graphically on Exhibit "A."
The developer intends to establish project wide guidelines and standards to ensure a high
and consistent level of quality for the proposed land uses. Uniform guidelines and
standards will be created for such features and facilities as landscaping, signage, lighting,
roadway treatments, fences, wall, buffers, berms and other similar features. The project
will comply with the Architectural Review Guidelines as adopted in the Land Development
Code (LDC). A Land Use Summary indicating approximate land use acreage is shown on
the Master Plan.
2.3 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Gaspar Station
Commercial CPUD except in the Preserve/Native Vegetation District. General permitted
uses are those uses which are typically part of the common infrastructure.
A. General Permitted Uses:
1. Water management facilities and related structures including lakes with
bulkheads or other architectural or structural bank treatments.
2. Guardhouses, gatehouses, and access control structures.
3. Architectural features and elements including walls, fences, arbors,
gazebos and the like.
4. Temporary construction and administrative offices for the developer and
developer's authorized contractors and consultants, including necessary
access ways, parking areas and related uses.
5. Landscape/hardscape features including, but not limited to landscape
buffers, berms, fences, water features and walls.
6. Fill storage, site filling and grading are subject to the standards set forth in
Section 2.8 of this CPUD.
B. Development Standards:
The following development standards shall apply to General Permitted Uses:
Revised 11-30-07 per 11-27-07 BCC action 2-1
1. Guardhouses, gatehouses, signage, landscape features, and access
control structures shall be set back a minimum of ten feet from property
lines.
2. Other general permitted uses (except fences) shall be set back a minimum
of five feet from property lines.
3. Maximum height of General Permitted Uses buildings - Thirty five feet.
4. Minimum floor area - None required.
5. Minimum lot or parcel area - None required.
6. Standards for parking, landscaping, signs and other land shall be in
accordance with the LDC provision in effect at the time of site
development plan application.
Revised 11-30-07 per 11-27-07 BCC action 2-2
SECTION III
INTERCHANGE COMMERCIAL LAND USE DISTRICT
3.1 PURPOSE
The purpose of this Section is to set forth the permitted uses and development
standards for the development of the project.
A. Principal Uses and Structures:
No building or structure or part thereof, shall be erected, altered or used, or land uses,
in whole or part, for other than the following:
1. Accounting, auditing and bookkeeping services (Group 8721).
2. Amusement and recreation services (Groups 7911-7941,7991,7993).
3. Apparel and accessory stores (Groups 5611-5699).
4. Auto and home supply stores (Group 5531).
5. Automotive repair services, and parking (Groups 7514,7515,7534,7542).
6. Building materials, hardware and garden supplies (Groups 5211-5261).
7. Business services (Groups 7311, 7313, 7334-7335, 7371-7379, 7384).
8. Child day care services (Group 8351).
9. Miscellaneous retail (Groups 5912-5963, except pawnshops and all uses dealing with
secondhand merchandise, 5992-5999).
10. Depository institutions (Groups 6011-6099).
11. Eating and drinking places (Groups 5812-5813).
12. Electrical repair shops (Group 7622 automotive radio, radio, television, stereo and
video recorder repair only, 7629 except aircraft, business and office machines, large
appliances such as refrigerators and washing machines).
13. Engineering, accounting, research, management, and related services (Groups 8711-
8713,8721,8741-8743,8748).
14. Food stores (Groups 5411-5499).
15. Gasoline service stations (Group 5541 except marine service stations and truck stops
subject to the LDC).
Revised 11-30-07 per 11-27-07 BCC action 3-1
16. Group care facilities (Category I and II); Care units except for homeless shelters; and
nursing homes, subject to the LDC.
17. General merchandise stores (Groups 5311-5399).
18. Health services (Groups 8011-8049,8082,8093,8099).
19. Holding and other investment offices (Groups 6712-6799).
20. Home furniture, furnishings, and equipment stores (Groups 5712-5736).
21. Hotels and motels (Group 7011 in accordance with the development standards in this
CPUD Document).
22. Insurance agents, brokers, and service (Group 6411).
23. Insurance carriers (Groups 6311-6399).
24. Libraries (Group 8231).
25. Legal services (Group 8111).
26. Membership organizations (Groups 8611-8661, 8699).
27. Miscellaneous personal services (Groups 7211,7212,7215,7216 non-industrial dry
cleaning only, 7221-7251,7291).
28. Miscellaneous repair services (Group 7631).
29. Museums and art galleries (Group 8412).
30. New and used automobile sales (Group 5511).
31. Nondepository credit institutions (Groups 6111-6163).
32. Paint, glass and wallpaper Stores (Group 5231).
33. Public finance, taxation and monetary policy (Group 9311 property tax assessors'
office and taxation departments only).
34. Public order and safety (Groups 9211 and 9224).
35. Real estate (Groups 6512, 6531-6552).
36. Social services (Groups 8322 activity centers, elderly or handicapped, adult day care
centers; and day care centers; adult and handicapped only, and Group 8351).
37. United States Postal Service (Group 4311, except major distribution center).
38. Veterinary services (Groups 0742, 0752, excluding outside kenneling).
Revised 11-30-07 per 11-27-07 BCC action 3-2
39. Video tape rental (Group 7841).
40. Any other uses which are comparable in nature with the foregoing uses and are
approved through the process set forth in the LDC, in effect at the time of the
request for such use.
B. Accessory Uses and Structures:
1. Kiosk vendors.
2. Outdoor dining shall be permitted as an accessory use to an eating establishment.
3. Communication facilities including, but not limited to digital, fiberoptic, microwave,
satellite, UHF, VHG, FM, AM, short-wave, antennas with related ground mounted
dishes and other sending and receiving facilities, subject to applicable permits.
4. Parking structures.
5. Generators.
6. Utility buildings.
7. Chickee or picnic areas.
8. Pool, tennis courts, and recreational amenities associated with a hotel or motel.
9. Any other accessory use which is comparable in nature with the foregoing uses
and is approved through the process set forth in the LDC in effect at the time of the
request for such use.
3.2 DEVELOPMENT STANDARDS FOR PRINCIPAL AND ACCESSORY USES EXCEPT
HOTEL AND MOTEL USE
Minimum Lot Area: Ten thousand (10,000) square feet for principal uses; none for
accessory uses.
Minimum Lot Width: One hundred feet (100') for principal uses; none for accessory uses.
Minimum Yard Requirements:
From Immokalee Road:
Fifty feet (50') for principal uses; twenty feet (20') for
accessory uses.
Front Yard: Twenty-five feet (25') for principal uses; twenty feet (20') for
accessory uses.
All other yards: Fifteen feet (15') for principal and accessory uses.
Setback from Preserves: Twenty-five feet (25') feet for principal structures; ten feet (10')
feet for accessory structures and all other site alterations. There shall be no site
alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated
that it will not adversely impact the integrity of that preserve.
Maximum Height: Thirty-five feet (35') for principal and accessory structures, except for
non-functional architectural elements (such as bell towers) which shall have a maximum
height of fifty feet (50').
Revised 11-30-07 per 11-27-07 BCC action 3-3
Minimum Floor Area of Principal Structure: Seven hundred (700) square feet of gross
floor area for each building on the ground floor.
Minimum Floor Area of Accessory Structure: none required.
Distance between principal structures: None, or a minimum of five feet (5') with
unobstructed passage from front to rear yard. Distance between principal and accessory
structures: None required.
Minimum standards for lighting and landscaping shall be in accordance with the LDC in
effect at the time final local development orders are requested.
3.3 HOTEL AND MOTEL DEVELOPMENT STANDARDS
Minimum Lot Area: One (1) acre for principal uses; none for accessory structures.
Minimum Lot Width: One hundred fifty feet (150') for principal structures; none for
accessory structures.
Minimum Yard Requirements:
1. From Immokalee Road: Fifty feet (50') for principal uses and twenty feet
(20') for accessory structures.
2. Front Yard: Fifty-five percent (55%) of building height or twenty feet (20'),
whichever is greater for principal and accessory structures.
3. All other yards: Twenty feet (20') for principal and accessory structures.
Maximum Height: Sixty feet (60') or six stories, whichever is greater, for principal uses
and thirty-five feet (35') for accessory uses.
Distance between principal structures: Fifteen feet (15') or one-half (Y:l) the sum of the
building heights, whichever is greater.
Distance between principal and accessory structures: none required.
Setback from Preserves: Twenty-five feet (25') feet for principal structures; ten feet (10')
feet for accessory structures and all other site alterations. There shall be no site
alternations within the first 10 feet adjacent to any preserve unless it can be demonstrated
that it will not adversely impact the integrity of that preserve.
Minimum standards for lighting and landscaping shall be in accordance with the LDC in
effect at the time final local development orders are requested.
Revised 11-30-07 per 11-27-07 BCC action 3-4
3.4 BUFFERS
The following identifies the buffer according to land use type:
Internal Buffers on:
A. Interchange Commercial:
1. 10 feet adjacent to hotel parcel;
2. 10 feet adjacent to internal rights-of-way;
3. 10 feet adjacent to eastern boundary with Donovan PUD;
B.
Hotel:
1.
2.
3.
10 feet adjacent to commercial parcels;
10 feet adjacent to internal rights-of-way;
10 feet adjacent to eastern boundary with Donovan PUD.
The buffer on the southern project boundary shall be kept in native vegetation existing on
the site or shall be planted with native vegetation in those areas devoid of native
vegetation.
3.5 PROJECT INTENSITY
The total acreage of the Gaspar Station CPUD is approximately 17.7 acres. The
Interchange Commercial retail and service uses shall be permitted at a rate of 7,500
square feet per gross acre. The office uses shall be permitted at a rate of 15,000 square
feet per gross acre and the hotel/motel use is permitted at a rate of 26 units per gross
acre.
Revised 11-30-07 per 11-27-07 BCC action 3-5
SECTION IV
PRESERVE/NATIVE VEGETATION DISTRICT
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
the area within the Gaspar Station CPUD designated on the CPUD Master Plan as
"Preserve/Native Vegetation".
4.2 GENERAL DESCRIPTION
Areas designated as Preserve/Native Vegetation District on the Gaspar Station CPUD
Master Plan are designed to accommodate customary uses in preserve areas.
4.3 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. Principal Uses and Structures:
1. Conservation and preserve.
2. Passive recreational areas, pervious nature trails, and other similar uses.
3. Water management structures.
4. Mitigation areas and mitigation maintenance activities.
5. Any other preservation and related open space activity or use which is
comparable in nature with the foregoing uses and is approved through
the process set forth in the LDC in effect at the time of the request for
such use.
Revised 11-30-07 per 11-27-07 BCC action 4-1
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments of the project.
5.2 TRANSPORTATION
A. The developer has provided left and right turn lanes on Immokalee Road at Juliet
Boulevard.
B. The developer has made a fair share contribution toward the capital cost of a traffic signal
at the project entrance.
C. All traffic control devices on public roadways shall conform to the Manual on Uniform
Traffic Control Devices as required by Chapter 316, Florida Statutes. Street signs shall be
the sole responsibility of the developer, his successors, or assigns.
D. The above required improvements shall be considered "site related" as defined in the
LDC and shall not be applied as credits toward any impact fee.
E. The developer has previously conveyed a twenty-five foot (25') strip of land to the
County by deed recorded in Official Records Book 1545 at Page 443 of the Official
Records of Collier County, Florida, for the widening of Immokalee Road. In addition the
developer conveyed additional land for the expanded Immokalee right-of-way by deed
recorded in Official Records Book 1837 at Page 1099 of Collier County, Florida.
F. The developer has provided a cross drain across Immokalee Road to the canal on the
north to be incorporated and provide the County with access to it for use in connection
with the six-Ianing of Immokalee Road. This work was completed and paid for by the
developer under an agreement between the developer and the County dated May 4,
1993.
G. The original PUD strongly recommended the extension of the then existing four-lane
section of Immokalee Road west and through the proposed construction of a four lane
median opening on Immokalee Road aligned with the eastern boundary of the project
and Pelican Strand (f/k/a Regency Village) to the north of Immokalee Road. The
median opening was constructed and paid for by the developer under the agreement
with the County dated May 4, 1993. The four-Ianing has been completed to the west.
The four lane extension is subject to a fair share road impact fee credit applicable to the
added through lanes.
H. The project entry from Immokalee Road is located along its eastern boundary and aligns
with the present median cut and traffic signal on Immokalee Road at the entrance to The
Strand PUD. The entry was designed so that it is interconnected to and is used by the
developments that are located to the east of the project and west of 1-75. The inter-
connection and use of the entryway by adjoining landowners is pursuant to an existing
cross use or cross easement agreement.
Revised 11-30-07 per 11-27-07 BCC action 5-1
I. Roads will be private. The developer has created the Juliet Boulevard Roadway
Association, Inc., which is responsible for roads, streets and drainage improvements and
maintenance of Juliet Boulevard.
J. At the time of approval of the final plat or final site development plan, whichever comes
first, the developer shall show an interconnection to the property on the west boundary
of the Gaspar Station CPUD to allow the property located on the said west side access
to Juliet Boulevard. The location of the interconnection is to be determined by the
developer of Gaspar Station CPUD and approved by the County. The developer of the
Gaspar Station CPUD shall record the interconnection as an easement prior to issuance
of any county development approvals. The interconnection shall not be deemed to be a
right-of-way, road, or street for the application of either zoning setback or buffering
requirements. The interconnection shall not be deemed to require an amendment of the
CPUD or its CPUD Master Plan. The easement shall provide two-way vehicular access
and one pedestrian access consistent with ADA requirements. At the time of approval
of the final plat or final site development plan, whichever comes first, for the adjacent
western property, if the owner does not provide an interconnection and record a cross
access easement to the Developer of Gaspar Station, the easement on the Gaspar
Station PUD shall automatically terminate.
K. The developer shall be able to proceed with SDP or plat approval and to begin site
construction approval; however, the County shall not issue any certificate of occupancy
or any temporary certificate of occupancy for any portion of this project until the 1-
75/1mmokalee Road intersection improvement through lanes are substantially complete
and open. The PUD time limits and sunsetting provisions contained in Section
10.02.13. D of the LDC shall not commence until the 1-75/lmmokalee Road intersection
improvements through lanes are substantially complete and open.
5.3 OPEN SPACE REQUIREMENTS
The total project is 17.7 acres requiring a minimum of 5.3 acres to be retained as open
space.
5.4 NATIVE VEGETATION RETENTION REQUIREMENTS
A minimum of 15% of the native vegetation present shall be preserved within the
project. The total native vegetation existing on the site is approximately 16.3 acres and
a minimum of 2.4 acres of native vegetation shall be preserved within the existing and
proposed preserve areas as indicated on the CPUD Master Plan. Areas that fulfill the
native vegetation retention standards shall be set aside as preserve areas and shall be
protected by a permanent conservation easement. A management plan shall be
submitted to identify actions that must be taken to ensure that the preserved areas will
function as proposed. The plan shall include methods to address control and treatment
of invasive exotic species and maintenance of permitted facilities.
5.5 CLEARING AND FILL STORAGE
Fill storage is generally permitted as a temporary principal use throughout the Gaspar
Station CPUD until buildout of the project. Fill material may be transported and stockpiled
within areas which have been disturbed. Prior to stockpiling in these locations, the
developer shall notify the Community Development and Environmental Services
Administrator. The following standards shall apply:
Revised 11-30-07 per 11-27-07 BCC action 5-2
1, Stockpile maximum height: forty five feet;
2. Fill storage areas in excess of five feet in height shall be separated from
developed areas by fencing, excavated water bodies or other physical barriers if
the side slope of the stockpile is steeper than 4 to 1.
5.6 LITTORAL SHELF PLANTING
Wet detention ponds shall have a littoral shelf with an area equal to 7% of the pond's
surface area measured at the control elevation and be planted with native aquatic
vegetation.
The configuration, i.e., shape and size and the location, on the CPUD Master Plan
showing the lake adjacent to the preserve shall be retained.
5.7 AFFORDABLE HOUING
The developer shall make a donation to the Collier County Affordable Housing Trust
Fund in the amount of $0.50 per square foot of gross leasable floor area as depicted on
approved site development plans. The payment shall be made as a condition to the
issuance of certificates of occupancy and the amount shall be for the gross leasable
floor area for that particular certificate of occupancy. Such payments shall be credited
against any subsequently adopted fee for affordable or workforce housing by Collier
County.
Revised 11-30-07 per 11-27-07 BCC action 5-3
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-75
Which was adopted by the Board of County Commissioners
on the 27th day of November, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~~
By: Ann Jennejohn,
Deputy Clerk