HEX Final Decision #2025-39 HEX NO. 2025-39
HEARING EXAMINER DECISION
DATE OF HEARING. INSTR 6745200 OR 6520 PG 1745
RECORDED 10/27/2025 P 44
October 9, 2025 CLERK OF THE CIRCUIT COURT8:23AM ANDAGES COMPTROLLER
COLLIER COUNTY FLORIDA
REC$375.50
PETITION.
Petition No. PDI-PL20250004433 - Request for an insubstantial change to the Collier
Boulevard Mixed-Use Commerce Center Planned Unit Development (PUD), Ordinance
Number 01-10, as amended, to modify the Master Plan to add an additional access point to
the Abercia South development on the south side of Magnolia Pond Drive, in Section 34,
Township 49 South, Range 26 East, Collier County,Florida.
GENERAL PURPOSE FOR THE PETITION.
The petitioner requests an insubstantial change to the Collier Boulevard Mixed-Use Commerce
Center Planned Unit Development (PUD), Ordinance Number 2001-10, as amended, to add an
additional access point to the Abercia South development on the south side of Magnolia Pond
Drive.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County Code of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of
the County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
4. The Neighborhood Information Meeting (NIM) was advertised and held at 5:30pm on July 9,
2025, at Spring Hill Suites by Marriott Naples, 3798 White Lake Boulevard, Naples, Florida.
This meeting was also advertised as having a virtual attendance option via Zoom.No members
of the public attended the meeting, and there was no remote participation; therefore, the NIM
was terminated at 5:45pm.
5. The public hearing was conducted in the following manner: the County Staff presented the
Petition followed by the Petitioner and/or Petitioner's representative,public comment and then
Page 1 of 5
rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the
public hearing.
6. The County's Land Development Code Sections 10.02.13.E.1. and 10.02.13.E.2 lists the
criteria for an insubstantial change to an approved PUD ordinance. The Hearing Examiner
acting in the capacity of the Planning Commission shall make findings as to the original
application with the criteria in Land Development Code Sections 10.02.13.E.1. and
10.02.13.E.2.'
LDC Section 10.02.13.E.1 Criteria:
1. Is there a proposed change in the boundary of the Planned Unit Development (PUD)?
The record evidence and testimony from the public hearing reflects that no, there is no
proposed change in the boundary of the PUD.
2. Is there a proposed increase in the total number of dwelling units or intensity of land use
or height of buildings within the development?
The record evidence and testimony from the public hearing reflects that no, there is no
proposed increase in the number of dwelling units, the intensity of land use, or the height
of buildings within the development.
3. Is there a proposed decrease in preservation, conservation, recreation, or open space areas
within the development in excess of five (5) percent of the total acreage previously
designated as such, or five (5) acres in area?
The record evidence and testimony from the public hearing reflects that no, there is no
proposed decrease in preservation, conservation, recreation, or open space areas within
the development as designated on the approved Master Plan.
4. Is there a proposed increase in the size of areas used for non-residential uses, to include
institutional, commercial, and industrial land uses (excluding preservation, conservation,
or open space), or a proposed relocation of nonresidential land uses?
The record evidence and testimony from the public hearing reflects that no, the requests
do not impact the size of non-residential areas or propose to relocate such areas within
the PUD boundary.
5. Is there a substantial increase in the impacts of the development which may include, but
are not limited to increases in traffic generation; changes in traffic circulation; or impacts
on other public facilities?
The record evidence and testimony from the public hearing reflects that no, there are no
substantial impacts resulting from this amendment.
1 The Hearing Examiner's findings are italicized.
Page 2 of 5
6. Will the change result in land use activities that generate a higher level of vehicular traffic
based upon the Trip Generation Manual published by the Institute of Transportation
Engineers?
The record evidence and testimony from the public hearing reflects that no, the proposed
amendment would not result in land use activities that generate higher levels of vehicular
traffic based upon the Trip Generation Manual published by the Institute of Transportation
Engineers.
7. Will the change result in a requirement for increased stormwater retention, or otherwise
increase stormwater discharge?
The record evidence and testimony from the public hearing reflects that no, the proposed
changes will not impact or increase stormwater retention or increase stormwater
discharge.
8. Will the proposed change bring about a relationship to an abutting land use that would be
incompatible with an adjacent land use?
The record evidence and testimony from the public hearing reflects that no, there will be
no incompatible relationships with abutting land uses.
9. Are there any modifications to the PUD Master Plan or PUD document or amendment to a
PUD ordinance which is inconsistent with the Future Land Use Element or other elements
of the Growth Management Plan or which modification would increase the density of
intensity of the permitted land uses?
The record evidence and testimony from the public hearing reflects that no, the County's
Comprehensive Planning staff determined that the proposed changes to the PUD
Document would be consistent with the FLUE of the GMP. Transportation planning staff
reviewed this petition, and no changes to the PUD Document are proposed that would be
deemed inconsistent with the Transportation Element of the GMP. This petition does not
propose any increase in density or intensity of the permitted land uses.
10. The proposed change is to a PUD district designated as a development of regional impact
(DRI)and approved pursuant to F.S. §380.06,where such change requires a determination
and public hearing by Collier County pursuant to F.S. § 380.06(19).Any change that meets
the criterion of F.S. §380.06(19)(e)2, and any changes to a DRI/PUD master plan that
clearly do not create a substantial deviation shall be reviewed and approved by Collier
County under this LDC section 10.02.13.
The record evidence and testimony from the public hearing reflects that the project is not
a DRI.
Page 3 of 5
11. Any modification in the PUD master plan or PUD document or amendment to a PUD
ordinance which impact(s) any consideration deemed to be a substantial modification as
described under this LDC section 10.02.13.
The record evidence and testimony from the public hearing reflects that based upon the
analysis provided above, the proposed change is not deemed to be substantial.
LDC Sec. 10.02.13.E.2 Criterion:
Does this petition change the analysis of the findings and criteria used for the original
application?
The record evidence and testimony from the public hearing reflects that it is essential to
note that the rezoning criteria have remained unchanged since the original analysis
conducted in 2000. County staff reanalyzed the PUD for petition PDI20180003363, staff
have therefore analyzed this petition with the findings and criteria used in 2018 and
conclude that there is no change to said analysis.
Transportation Element: The record evidence and testimony from the public hearing reflects
that the Transportation Planning staff reviewed the application and found that this project is
consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP).
The requested change is to add an additional access point on Magnolia Pond to the current Master
Plan. There are no proposed changes to the commercial or residential development allowed by
the PUD, and no additional transportation impacts due to this change, and the Transportation
Planning staff recommends approval.
DEVIATION DISCUSSION.
The petitioner is not seeking any deviations as part of this application.
ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County's staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner's
representative(s), County staff and any given by the public,the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Sections
10.02.13.E.1 and 10.02.13.E.2 of the Land Development Code to approve the Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition No. PDI-PL20250004433, filed by Philip
DiMaria,AICP, CNU-A,of Kimley-Horn and Associates,Inc.,representing the owners Magpond,
LLC, and Richman Naples Development Partners, LLC, with respect to the subject property that
comprises 25.84 acres located in the northwest quadrant of I-75 and Collier Boulevard, in Section
34,Township 49 South, Range 26 East, Collier County,Florida, for the following:
Page 4 of 5
• An insubstantial change to the Collier Boulevard Mixed-Use Commerce Center Planned
Unit Development(PUD), Ordinance Number 2001-10,as amended,to modify the Master
Plan to add an additional access point to the Abercia South development on the south side
of Magnolia Pond Drive.
Said changes are fully described in the Proposed Insubstantial PUD Revision attached as Exhibit
"A" and the Ordinance 2023-31 attached as Exhibit "B", and are subject to the condition(s) set
forth below.
ATTACHMENTS.
Exhibit A—Proposed Insubstantial PUD Revision
Exhibit B—Ordinance No. 2023-31
LEGAL DESCRIPTION.
The subject property comprises 25.84 acres located in the northwest quadrant of I-75 and Collier
Boulevard, in Section 34,Township 49 South, Range 26 East, Collier County,Florida.
CONDITIONS.
• All other applicable state or federal permits must be obtained before commencement of the
development.
DISCLAIMER.
Pursuant to Section 125.022(5)F.S.,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.
APPEALS.
This decision becomes effective on the date it is rendered.An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
October 24, 2025
1
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
EXHIBIT "A"
Collier Boulevard Mixed-Use Commerce Center-20253
Planned Unit Development
Approximately 70 Acres
Section 34
Township 49 South,Range 26 East Collier County, Florida
Prepared for:
New Magpond2 A LLC CT AL
8441 7978 Cooper Creek
Blvd University Park,FL
34201
Prepared by:
Kimley-Horn and Associates
1777 Main Street Suite 200
1800 2nd Street,#900
Sarasota,FL 34236
Text added is underlined,text deleted is struck-through
Collier Boulevard Mixed Use Commerce CenterPUDA PL20210000419PDI-PL2025000433-Revised June 3044,20253 Page 1 of 25
SECTION II - Property Ownership, Legal Description, Short Title and
Statement of Unified Control
2.1 Property Ownership
The Auto Vehicle Parts Company currently .own the cu►, t e t Magnolia Nagle, Apartments
LLC and Richman Naples Development Partners II, LLC and Richman Naples Development Partners, LLC
own the Residential Tracts.Victoria Estates LTD and New Magpond,A LLC ET AL own the Commercial
Mixed-Use Tracts.
2.2 Legal Description
Section 34,Township 49 South, Range 26 East,Collier County,Florida,and, more particularly,described in
Exhibit B.
2.3 General Description of Property
The property is located in the northwest quadrant of Collier Boulevard and 1-75.
2.4 Physical Description
The subject property is vacant at the time of the application for rezoning.This site currently drains from
the northeast to the southwest. Soil types on the site are (I 4) Pineda Fine Sand, Limestone Substratum
and (21) Boca Fine Sand. The property is located in Flood Zone X.
The zoning classification prior to the date of this PUD was Agricultural (A).
2.5 Short Title
This ordinance shall be known and cited as the "Collier Boulevard Mixed-Use Commerce Center Planned
Unit Development Ordinance".
Text added is underlined,text deleted is struck-through
Collier Boulevard Mixed Use Commerce Center P-U-BA-o120210000 19 PDl-PL2025000433 -Revised June 3044,20254 Page 5 of 25
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EXHIBIT " B "
ORDINANCE NO. 2023- 11
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 2001-10, THE COLLIER BOULEVARD MIXED USE
COMMERCE CENTER PLANNED UNIT DEVELOPMENT (PUD), TO
INCREASE THE MAXIMUM NUMBER OF DWELLING UNITS BY
413 FOR A TOTAL OF 846 DWELLING UNITS FOR THE PUD; BY
CHANGING THE COMMERCIAL TRACT TO THE COMMERCIAL
TRACT-MIXED USE TO ALLOW 413 MULTI-FAMILY DWELLING
UNITS IN ADDITION TO THE ALLOWED COMMERCIAL USES; BY
REVISING THE MASTER PLAN; AND REVISING DEVELOPMENT
STANDARDS. THE SUBJECT PROPERTY IS LOCATED IN THE
ACTIVITY CENTER #9 OVERLAY AND WITHIN SPECIAL
TREATMENT WELLFIELD ZONE 4 (ST/W-4), WEST OF COLLIER
BOULEVARD AND SOUTH OF MAGNOLIA POND DRIVE; IN
SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 70.001 ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20210000419]
WI IER.EAS, on March 13, 2001, the Board of County Commissioners approved Ord.No.
2001-10, which created the Collier Boulevard Mixed Use Commerce Center Planned Unit
Development("PUD"); and
WHEREAS, on August 9, 2019, the Hearing Examiner by HEX No. 2019-36 approved a
request to amend the Master Plan by reconfiguring the preserve and the site design for the
residential tracts for property located in the northwest quadrant of 1-75 and Collier Boulevard;
WHEREAS, Philip DiMaria, A1CP, CNU-A of Kimley-Horn and Associates, Inc.
representing VICTORIA ESTATES, LTD; NEW MAGPOND A, LLC; NEW MAGPOND,
LLC; NEW MAGPOND-A, LLC; NEW MAGPOND-B, LLC ET AL, and MAGNOLIA
NAPLES APARTMENTS, LLC, petitioned the Board of County Commissioners to amend the
PUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
[21-CPS-02152/1798232/I 1169
Collier Boulevard Mixed Use/PL202 100004 19 I of 2
6-14-23
SECTION ONE: Zoning Classification.
The PUD Document attached to Ordinance No. 2001-10, is hereby amended in
accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by
reference herein.
SECTION TWO; Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida,this 13 day of .1U ,2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY,FLORIDA
By: �A 4,....N7
By:
Attest as to ChairmAeputy Clerk Rick LoCastro,Chairman
signature only
This ordinance filed with the
t.c etory of Stote's Offi a,�,th�y
Approved as to form and legality: day of Zia-, .1f1�
1 and acknowledgement of that
filin received this &IL
day
Heidi Ash on-Cicko of By
Managing Assistant County Attorney Deputy Clerk
Attachments: Exhibit A - PUD Document
J21-CPS-02152/1798232/1 J 169
Collier Boulevard Mixed Use/PL20210000419 2 of 2
6-14-23
Collier Boulevard Mixed-Use Commerce Center-20230
A Planned Unit Development
Approximately 70 Acres
Section 34
Township 49 South, Range 26 East Collier County, Florida
Prepared for:
Victoria Estates LTD ET AL
New Magpond A LLC ET AL
8441 Cooper Creek Blvd
University Park, FL 34201
Prepared by:
Kimley-Horn and Associates
1777 Main Street Suite 200
Sarasota, FL 34236
HOLE MONTES INC
R-SO-E-nsere-Way
Naples, FL 34110
Mm Project 1992111,
AND
nG Q nNDERSON nn
r
�^'����r Oak 9riEre, Ste, On
Naples, FL 34108
July 2000
a d S ,rei her--2200D
Reusecl--Oe-taber-2000
Text added is underlined,text deleted is struck-through
Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 1 of 25
Contents
SECTION I-Statement of Compliance 3
SECTION II -Property Ownership, Legal Description, Short Title and Statement of Unified Control 5
SECTION III -Statement of Intent and Project Description 6
SECTION IV-General Development Regulations 7
SECTION V-Preserve Area Requirements 12
SECTION VI - Permitted Uses and Dimensional Standards for Residential Development District 13
SECTION VII - Permitted Uses and Dimensional Standards for the Commercial Mixed Use Development District
16
SECTION VIII-Development Commitments 21
EXHIBITS
Exhibit A—Amended P-LJD Master Plan 27
Exhibit B—Legal Description 29
Exhibit C—Legal Description for Lot 2 30
Text added is underlined text deleted is struck-through
Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised June 14, 2023 Page 2 of 25
SECTION I - Statement of Compliance
The development of 70.2 acres of property in Section 34,Township 49S, Range 26E Collier County, Florida,as a
Planned Unit Development to be known as the Collier Boulevard Mixed-Use Commerce Center PUD,will be in
compliance with the goals,objectives, and policies of Collier County as set forth in the Growth Management
Plan.The residential and commercial components of the project will be consistent with growth policies, land
development regulations and applicable comprehensive planning objectives of each of the elements of the
Growth Management Plan for the following reasons:
1. The property is a mixed-use Planned Unit Development located within Activity Center#9 revised
under the EAR based GMP Future Land Use Element Amendment.The proposed gross density of
sixteen(16) dwelling units per acre is consistent with the Future Land Use Element of the
Collier County Growth Management Plan which allows up to sixteen (16) units per acre within Activity
Centers, ell dosed is for.,.hundred and thirty t► ree (433) o.,43 3
sed for res tend"' Commercial uses are permitted within the Activity Center and,
therefore,are also consistent with the Future Land Use Element.
2. The project shall be consistent with the adopted Activity Center#9 Interchange Master Plan.
3. The subject property's location in relation to the existing or proposed community facilities and
services supports the development's residential density and commercial uses as required in Objective
2 of the Future Land Use Element.
4. The proposed development is compatible and complementary to existing and future surrounding land
uses as required in Policy 5.46 of the Future Land Use Element.
5. Improvements are planned to be in compliance with applicable land development regulations as set
forth in Objective 3 of the Future Land Use Element.
6. The proposed development will result in an efficient and economical extension of community facilities
and services as required in Policies 3.1.1-4.and 3.1.L.Objective 2 of the Future Land Use Element.
7. The project is planned to incorporate natural systems for water management in accordance with their
natural functions and capabilities as required by Objective 4:5 of the Drainage Stormwater
Management Sub-Element of the Public Facilities Element.
Text added is underlined,text deleted is struck-through
Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised June 14, 2023 Page 3 of 25
8. All final Development Orders for this project are subject to the Collier County Concurrency
Management System, as implemented by the Adequate Public Facilities Ordinance in; ;s;o„ 1
Chapter 6 of the Land Development Code
Text added is underlined,text deleted is struck-through
Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 4 of 25
SECTION II - Property Ownership, Legal Description, Short Title and
Statement of Unified Control
2.1 Property Ownership
The Auto Vehicle Parts Company currently owns the subject property. Magnolia Naples Apartments LLC and
Richman Naples Development Partners, LLC own the Residential Tracts.Victoria Estates LTD and New
Magpond A LLC ET AL own the Commercial Mixed-Use Tracts.
2.2 Legal Description
Section 34,Township 49 South, Range 26 East,Collier County, Florida, and, more particularly, described in
€va'�,�,,.;;4,�PTExhibit B.
2.3 General Description of Property
The property is located in the northwest quadrant of Collier Boulevard and 1-75.
2.4 Physical Description
The subject property is vacant at the time of the application for rezoning.This site currently drains from the
northeast to the southwest. Soil types on the site are (I 4)Pineda Fine Sand, Limestone Substratum and (21)
Boca Fine Sand. The property is located in Flood Zone X.
The zoning classification prior to the date of this PUD was Agricultural (A).
2.5 Short Title
This ordinance shall be known and cited as the "Collier Boulevard Mixed-Use Commerce Center Planned Unit
Development Ordinance".
2.6 Statement of Unified Control
e n the subbject p
acfe „rent rcgu:m: nditiea3-approved
ita to Rezone Petit
Text added is underlined,text deleted is struck-through
Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 5 of 25
SECTION III - Statement of Intent and Project Description
3.1 Introduction
It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set
forth in Section 's 2.03.06 of the Collier County Land Development Code (LDC).The purpose of this
document is to set forth guidelines for the future development of the project that meet accepted planning
principles and practices,and to implement the Collier County Growth Management Plan.
3.2 Project Description
The project contains 70.2 acres and comprises a mix of two hundred and seventy thousand(270,000) square
feet of gross leaseable floor area for retail and office uses on 25.3 acres, and a maximum of 846 dwelling units
for the PUD.
The project alse proposes four hundred and thirty-three(433)dwelling units based on a gross density of ten
(10) dwelling units on 43.3 acres proposed for residential use within areas labeled Residential on the PUD
Master Plan (Exhibit A) amongst other uses set forth in the PUD document.
And within areas designated Commercial Mixed Use by Exhibit A, approximately 25.3 acres,four hundred
thirteen(413) dwelling units are proposed, based on a gross density of 16 units per acre in accordance with
the Collier County Growth Management Plan.
Access will be provided from an existing easement,which intersects with Collier Boulevard north of the
subject property and also provides access to adjoining properties to the north and west of the subject
property. The project's proximity to 1-75 and Collier Boulevard provides convenient access for both proposed
commercial and residential uses.
3.3 Land Use Plan and Project Phasing
A. The-Pli-D-Maste-frRien-providera-fer-areas-ef-ee-wffer-€41-4Ael-retaidefft-631-145eTwateF
Exhibit"A".The PUD Master Plan is designed to be flexible with regard to the placement of
buildings, tracts and related utilities and water management facilities. More specific
commitments will be made at the time of Site Development Plan and permitting approval,
based on compliance with all applicable requirements of this Ordinance,the LDC and local,
state and federal permitting requirements.All tracts may be combined or developed
separately subject to compliance with the applicable dimensional requirements contained
within this document.
B. The anticipated time of build-out of the project is approximately six(6)years from the time of
issuance of the first building permits of-2006. However, actual build-out will depend on market
conditions.
Text added is underlined,text deleted is struck-through
Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 6 of 25
SECTION IV - General Development Regulations
The purpose of this Section is to set forth the development regulations that may be applied generally to the
development of the Collier Boulevard Mixed-Use Commerce Center Planned Unit Development and Master
Plan.
4.1 General
The following are general provisions applicable to the PUD Master Plan:
A, Regulations for development of the Collier Boulevard Mixed-Use Commerce Center shall be in
accordance with the contents of this document,the PUD Planned Unit Development District,
the adopted Activity Center#9 Interchange Master Plan (IMP) and other applicable sections
and parts of the Collier County Land Development Code (LDC)and the Collier County Growth
Management Plan in effect at the time of issuance of any development order to which said
regulations relate which authorizes the construction of improvements.The developer, his
successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as
adopted and any other conditions or modifications as may be agreed to in the rezoning of the
property. In addition,any successor in title or assignee is subject to the commitments within
this agreement.
B. Unless otherwise noted,the definitions of all terms shall be the same as the definitions set
forth in the LDC in effect at the time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions for the
development of the Collier Boulevard Mixed-Use Commerce Center shall become part of the
regu►ations that govern the manner in which this site may be developed,
D. Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division-6 Chapter 6, Adequate Public Facilities, of the LDC
at the earliest or next to occur of either final SDP approval, final plat approval,or building
permit issuance applicable to this development.
E. Unless specifically waived through any variance or waiver provisions from any other applicable
regulations,the provisions of those regulations not otherwise provided for within this PUD
remain in full force and effect.
4.2 Site Clearing and Drainage
Clearing, grading, earthwork,and site drainage work shall be performed in accordance with the Collier County
LDC and the standards and commitments of this document in effect at the time of construction plan approval,
4.3 Easements for Utilities
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 7 of 25
Easements, where required,shall be provided for water management areas, utilities and other purposes as
may be required by Collier County. All necessary easements, dedications or other instruments shall be granted
to ensure the continued operation and maintenance of all services and utilities.This will be in compliance with
applicable regulations in effect at the time construction plans and plat approvals are requested. Easements
dedicated to Collier County shall be given a credit for open space and the retention of native vegetation.
4.4 Amendments to the Ordinance
The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the
development standards contained in this Ordinance.
Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 10.02.13 of
the Collier County LDC, in effect at the time the amendment is requested.
4.5 Project Plan Approval Requirements
Exhibit A"A-', the Amended PUD Master Plan, constitutes the required PUD Development Plan.Subsequent to,
or concurrent with PUD approval, a Preliminary Subdivision Plat(if required)shall be submitted for the entire
area covered by the PUD Master Plan. All division of property and the development of the land Shall be in
compliance with the Subdivisieo-Peg ila4iens set forth in Section 3.2 of the LDC.
Prior to the recording of the Final Subdivision Plat, when required by tie Subdivision Regulation set forth in
Section 3410.02.04 of the LDC, final plans of the required improvements shall receive the approval of all
appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan,the
County Subdivision Regulations and the platting laws of the State of Florida.
Prior to the issuance of a building permit or other development order,the provisions of Section 10.02.03 3:3.
Site Development Dlans, shall be applied to all platted parcels,where applicable.
Should no subdivision of land occur, Section 3,3 10.02.03 shall be applicable to the development of all tracts as
shown on the PUD Master Plan.
4.6 Provision for Offsite Removal of Earthen Material
r-4e
pe4tieese#-# c project site, there is a s 1,offsite d' y-piermitte
subject to the follewifig-ee►iditiees
A. Excavation activitieseth i-t-ion of a "DevelopR3 "
to Section 3.5.5.1.3 of the LDC Arti€4e "V of the-rce '
reval-shall-Re
207000-c is-yar-ells
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised June 14, 2023 Page 8 of 25
8. A-timetable to facilitate said removal shall-bc submitted to th I t
l4c+€4 f ie the IR th f Y It r ill tak * I t
r rsc i�o r c i i i rem—�r'{rrzmce-c�crn-rrprccc
i
C. All other previsions of Section 3.5 of the LDC Article IV are applicable.
4.76 PUD Monitoring
The Collier--Beu-levar4-Mixed Use Commerce Center PUD shall--be subject to Section 2.7.3.4 of the LDC,Time
Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 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 CPUD
approval,the Managing Entity is New Magpond A LLC et al. 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 CPUD 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.
4.87 Polling Places
Polling places shall be provided in accordance with Section 2.01.04 3.2.8.3,11 of the Collier County Land
Development Code.
4.98 Native Vegetation
The project will meet the requirements of Section 3.05.00 Division 3.9,Vegetation--Rem ,
Pi atien of the LDC for the subject property. Vegetated areas designed to preserve native vegetation may
be provided for in the residential or commercial portion of the project and may be reconfigured at the time of
Final Plat or Site Plan Approval based on preparation of more detailed plans.
4.189 Open Space
In addition to the areas designated on the PUD Master Plan as buffers and lakes,open space will be allocated
within each subsequent development area, Open space may be in the form of landscaping, additional buffers,
passive or active recreation areas and water management facilities.The total aggregate of such open space
areas shall meet or exceed the open space requirements of Section 2.6.32 4.02.01 of the LDC.
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 9 of 25
4.4410 Archaeological Resources
The developer shall be subject to the provisions of Section 2.03.07.E Scction 2.2.25.8.1 of the LDC pertaining
to archaeological resources in the event such resources are contained on the property.
4.4211 Common Area Maintenance
Common area maintenance, including the maintenance of common facilities,open spaces,and water
management facilities, shall be the responsibility of a homeowners'association to be established by the
developer.
4.1312 Architectural and Site Design Standards
Development of commercial uses shall meet the requirements of Section 5.05.08 Architectural and Site Design
Standards of the LDC,including the requirements of the adopted Activity Center#9 Interchange Master Plan.
4.4413 Signage
All signage shall be in accordance with the adopted Activity Center#9 Interchange Master Plan and Section-2.5
of the Collier County Land Development Code, as applicable. However,two (2) Identification Signs are
permitted along the Collier Boulevard road frontage to identify the residential component of the project. Each
sign may be thirty-two(32)square feet in area or sixty-four(64)square feet combined.
4.4-514 Off Street Parking and Loading
All off street parking and loading shall be in accordance with Division-2 3 Section 4.05.00 of the Collier County
Land Development Code and the adopted Activity Center#9 Interchange Master Plan, as applicable.
4.4615 Landscaping
All landscaping shall be in accordance with the requirements of Divisise-2,4 Section 4.06.00 of the Collier
County Land Development Code and the adopted Activity Center#9 Interchange Master Plan.
4.4716 Miscellaneous
"Pursuant to Section 125.022(5) F.S., 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
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised June 14, 2023 Page 10 of 25
violation of state or federal law.All other applicable state or federal permits must be obtained before
commencement of the development."
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 11 of 25
SECTION V - Preserve Area Requirements
5.1 PURPOSE
The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit
"A",the previously adopted PUD Master Plan.
5.2 PERMITTED USES
Clearing for permitted uses is allowed provided that a minimum of 15.12 acres of native vegetation is retained
within the PUD. No building,structure or part thereof, shall be erected, altered or used,or land used,in whole
or part,for other than the following structures:
A. Permitted Principal Uses and Structures:
1. Passive recreation areas.
2, Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting,screening and buffering within the Preserve Areas, after the
appropriate environmental review.
6. Any other use deemed comparable in nature by the Development Services Director.
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 12 of 25
SECTION VI - Permitted Uses and Dimensional Standards for Residential
�-�om„-EntDistrict
6.1 Purpose
The purpose of this Section is to identify permitted uses and development standards for areas within the
Collier Boulevard Mixed-Use Activity Center designated for residential development In the Residential District
on the Amended PUD Master Plan, Exhibit"A".
6.2 Maximum Dwelling Units
Four hundred and thirty-three (433)dwelling units are permitted
Commerce Center based on a gross density often (10)dwelling units per acre for 43.3 acres designated "R" on
the PUD Master Plan.
6.3 General Description
The Amended P 4D Master Plan, Exhibit A designatesd the following uses for the general use designations on
said Master Plan.
TRACT ACRES PERCENTAGE
1. COMMERCIAL/MIXED USE TRACTS 25.3 36%
2. RESIDENTIAL TRACTS* 43.3 61%
3. RIGHTS-OF-WAY 1.6** 3%
TOTAL 70.2 100%
* Includes water management and vegetation to be retained.
**Commercial right-of-way only.
The approximate acreage of residential areas in the R District is depicted on the PUD Master Plan.Actual
acreage of all development tracts will be provided at the time of Site Development Plan or Final Subdivision
Plat approval in accordance with Article 3, ^"^sion 3.3 Section 10.02.03, and Oivisien-3.2Section 10.02.04,
respectively,of the Collier County Land Development Code. Residential areas are designed to accommodate
internal roadways,open spaces, recreational amenity areas, water management facilities, and other similar
uses typically found in residential areas.
6.4 Permitted Uses and Structures
No building or structure,or part thereof,shall be erected, altered or used,or land used, in whole or part, for
other than the following:
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 13 of 25
1. Principal Uses:
(a) Single Family Detached Dwellings
(b) Zero-Lot Line Dwellings
(c) Two-family and Duplex Dwellings
(d) Single Family Attached and Townhouse Dwellings
(e) Multi-Family Dwellings,including Garden Apartments
(f) Adult or Assisted Living Facilities
(g) A� et#e b typ
th ~ si dential .. Any other principal
use which is comparable in nature with the forgoing list of permitted principal uses, as determined by
the hearing Examiner or the Board of Zoning Appeals, by the process outlined in the LDC,
2. Accessory Uses and Structures
(a) Accessory uses and structures customarily associated with principal residential uses permitted
in this District,including recreational facilities, maintenance facilities and clubhouse.
6.5 Development Standards
Table 1: Development Standards For Residential Areas-District
Permitted Uses and Standards Single-Family Zero Lot Two Family& Single Family Multi-Family
Detached Line Duplex Attached and Dwelling R
Townhouse
Minimum Lot Areas 6,000 S.F. 3,500 S.F. 3,500 S.F.(1) 3,000 S.F.per du. 1 AC
Minimum Lot Width(2) 60 35 35 30 150
Front Yard 25(5)(8) 15 15 20 25
Side Yard j_3_1 7.5(8) 0 or 12(4) 0 or 6 0 or 12 0 or.6 BH
Rear Yard Principal 20(8) 10 15 20 25
Rear Yard Accessory 10 5 5 10 10
Maximum Building Height 35 35 35 35 35/50(9)
Distance Between Structures N/A N/A N/A 10 Ya SBH,but no
less than 15
Floor Area Min. (SF) 1,200 1,200 1,200 1,000 600
Preserve setback 25/10(10)
All distances are in feet unless otherwise noted.
BH = Building Height SBH = Sum of Building Heights
1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square
feet for a total minimum lot area of seven thousand (7,000) square feet.
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419- Revised June 14, 2023 Page 14 of 25
2 Minimum lot width may be reduced by twenty(20) percent for cul-de-sac lots or lots located
on curvilinear streets provided the minimum lot area is still maintained.
3. Accessory uses such as pool enclosures may be attached to principal uses and may be set back
five(5)feet from side or rear property lines.
4. Where the zero(0)foot yard option is utilized, the opposite side of the structure shall have a
twelve(12)foot side yard.
5. Single-family dwellings which provide for two (2) parking spaces within an enclosed garage
and provide for guest parking other than private driveways may reduce front yard
requirements to five(5)feet for the garage and fifteen (15) feet for the remaining structures,
Side entry garage setbacks may be reduced to twelve (12)feet.
6. Building height shall be the vertical distance from the first finished floor to the highest point of
the roof surface of a flat or Bermuda roof,to the deck line or a mansard roof and to the mean
height level between eaves and ridge of gable, hip and gambrel roofs.Accessory buildings
shall be limited to twenty(20)feet above grade.
7. Adult Living Facilities shall be developed in conformance with the requirements of Section
5.05.04 of the Collier County Land Development Code. Development standards for
Adult Living Facilities shall be the same as provided for multi-family dwelling units in Table 1,
The maximum number of Adult Living Facilities shall be two hundred fifty(250) units. For each
acre of ALF use develo ,
,sublect to the
trip cap in 8.2.6.
8. See also Section 8.2. 5 Transportation Requirements of this Ordinance pertaining to 1-75
setback requirements.
9. 50' zoned height and 58'actual height applies to the 4.49±acre parcel described in Exhibit C,
Legal Description for Lot 2.
10. 25' for principal structures and 15'for accessory structures applies to the 4,49±acre parcel
described in Exhibit C, Legal Description for Lot 2.
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised June 14, 2023 Page 15 of 25
SECTION VII - Permitted Uses and Dimensional Standards for the Commercial
Mixed Use Development District
7.1 Purpose
The purpose of this Section is to identify permitted uses and development standards for areas within the
Collier Boulevard Mixed-Use Commerce Center designed for commercial use and residential use in the
Commercial Mixed Use District.
7,2 General Description
No commercial use may be developed until the Activity Center#9 Interchange Master Plan (IMP) is adopted by
the Collier County Board of Commissioners and the consistency of the proposed uses with said IMP
established.
The acreage of the tracts depicted on the PUD Master Plan is based on conceptual designs and is approximate.
Actual acreages of all developed tracts will be provided at the time of Preliminary Subdivision Plat submittal in
accordance with Div We-R-3.=Section 10.02.04 of the Collier County LDC.All tracts are deigned to
accommodate internal roadways,open spaces,water management facilities and other similar uses.
7.3 Development Intensity
A maximum of two hundred forty thousand (240,000)square feet of commercial retail gross leaseable floor
area, and a maximum of thirty thousand(30,000)square feet of gross leaseable office floor area is permitted.
A maximum of one hundred and fifty(150) hotel/motel units are also permitted. Hotel/motel units shall be
permitted a maximum floor area ratio of.60.While the total amount of retail and office area averages ten
thousand seven hundred fourteen (10,714)square feet of gross leaseable area per acre,this intensity may be
exceeded on individual tracts provided the overall intensity is not exceeded for the project as a whole. Four
hundred thirteen (413) dwelling units are permitted based on a gross density of sixteen(16) dwelling units per
acre on the 25.3 acres.
7.4 Configuration of Commercial/Mixed Use Area
The land area allocated for commercial/mixed use is 25.3 acres and is depicted on the PUD Master Plan.The
boundary of the commercial area may be expanded to the southwest along 1-75, provided that the total area
allocated for commercial use does not exceed 25.3 acres.
be permitted to extend beyond-the-boar-ef the al^ a the north in the Golden Gate
7.5 Permitted Uses and Structures
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:
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised June 14, 2023 Page 16 of 25
1. Accounting, Auditing and Bookkeeping Services(Group 8721)
2. Amusements and Recreation Services-Indoor(Groups 7911-7941,7991,7993)
3. Apparel and Accessory Stores(Groups 5611-5699)
4. Automotive Dealers and Gasoline Service Stations(Groups 5511, 5531, 5541, 5571, 5599 new
vehicles only)
5. Automotive Rental and Repair, and Services(Groups 7514,7515, 7521,7533-7549)
6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261)
7. Business Services(Groups 7311-7352,7371-7379,7384)
8. Child Day Care Services (Group 8351)
9, Communications(Groups 4812-4841, except principal transmission towers)
10. Depository Institutions(Groups 6011-6099)
11. Drug Store and Proprietary Stores (Group 5912)
12. Eating and Drinking Places(Groups 5812-5813.All establishments engaged in the retail sale of
alcoholic beverages are subject to the locational requirements of Section 2.6.10 5,05.01)
13. Engineering,Accounting, Research, Management and Related Services(Groups 8711-8748)
14. Food Stores(Groups 5411-5499)
15. General Merchandise Stores(Groups 5311-5399)
16. Group Care Facilities (Category I and II); Care units except for homeless shelters and nursing
home;subject to Section 2.6.265.05.04 up to 250 units.
17. Hardware Stores(Group 5251)
18. Health Services(Groups 8011-8099)
19, Home Furniture, Furnishing and Equipment Stores(Groups 5712-5736)
20. Hotels and Motels(Group 7011)
21. Insurance Carriers,Agents and Brokers (Groups 6311-6399,6411)
22. Legal Services(Group 8111)
23. Libraries (Group 8231)
24. Management and Pubic Relations Services (Groups 8741-8743,8748)
25. Membership Organizations(Groups 8611-8699)
26. Miscellaneous Personal Services(Groups 7211-7299 but not Turkish baths,tattoo parlors,
steam baths and escort services)
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised June 14, 2023 Page 17 of 25
27. Miscellaneous Repair Services(Groups 5551,5571-5599, 7622-7699).
28. Miscellaneous Retail(Groups 5912-5921, 5932 but not secondhand clothing stores or
pawnshops,Groups 5941-5963, 5992 59 9).
29. Motion Picture Theatres(Group 7832)
30. Motor Freight Transportation and Warehousing(Group 4225 mini and self storage
warehousing only)
31, Museums and Art Galleries(Group 8412)
32. Non-depository Credit Institutions(Groups 6111-6163)
33. Paint, Glass and Wallpaper Stores (Group 5231)
34. Personal Services(Groups 7212, 7215, 7217,7219-7299)
35. Public Administration (Groups 9111-9199, 9229,9311,9411-9451,9511-9562,9611-9661)
36. Real Estate (Groups 6512,6531-6541)
37. Retail Nurseries,Lawn and Garden Supply Stores(Group 5261)
38. Security and Commodity Brokers, Dealer, Exchanges and Services(Groups 6211-6289)
39. Veterinary Services(Groups 0742,0752, excluding outside kenneling)
40. Video Tape Rental (Group 7841)
41. Vocational Schools(Groups 8243-82i39)
42. Multi-family dwellings.
43. Any other principal use which is comparable in nature with the forgoing list of permitted
principal uses,as determined by the Hearing Examiner or the Board of Zoning Appeals, by the
process outlined in the LDC.
7.6 Accessory Uses
1. Uses and structures that are accessory and incidental to the permitted uses such as signage,
entrance features, and stormwater management facilities.
7,7 Dimensional Standards for Permitted Uses Commercial Uses
1. Minimum Lot Area:Ten thousand(10,000)square feet.
2. Minimum Lot Width: One hundred (100)feet.
3. Minimum Yard Requirements:
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 18 of 25
a. Front Yard:Twenty-five (25)feet.
b. Side Yard: Fifteen (15)feet or one-half of the building height.
c. Rear Yard:Twenty-five(25)feet or one-half of the building height.
d. Any Yard abutting a residential parcel:Twenty-five (25)feet.
e. See also Section 8.2.12 Transportation requirements of this ordinance pertaining to I-
75 setback requirements.
4. Maximum Height: Fifty(50)feet.
5. Minimum Floor Area: One thousand (1,000)square feet for each building on the ground floor.
6. Minimum Off-Street Parking and Off-Street Loading:As required in Section 2.3 Section
4.05.00, LDC, however shared parking between the primary retail facility and free standing
uses shall be permitted throughout the site provided the total parking area shall meet or
exceed minimum parking required for combined uses. Cross-easements for shared parking
facilities are required for sharing parking facilities between uses.
7. Merchandise Storage and Display: Unless specifically permitted for a use,outside storage or
display of merchandise is prohibited.
8. Landscaping shall be in accordance with Section 2.4 Section 4.06.00 of the LDC and the
adopted Interchange Master Plan.
9. Signs shall be as required by Division 2.5 Section 5.06.00 of the LDC and the adopted
Interchange Master Plan.
7.8 Special Use Consideration
Boat Dealers Group 5551 are only permitted to display boats or similar merchandise in enclosed structures or
to the rear of the principal structure behind a Type"B" Buffer as set forth in Section 4.06.02 Divfsian-2.4 of the
LDC,to provide screening and buffering to Collier Blvd.
7.9 Development Standards for Multi-family use
Table 2: Development Standards for Multi-Family Use
Permitted Uses and Standards Multi-Family
Dwelling
Minimum Lot Areas 1 AC
Minimum Lot Width(1) 150
Front Yard 25
Side Yard(21 0 or.6 BH
Rear Yard Principal 25
Rear Yard Accessory 10
Maximum Building Height 50
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 19 of 25
Distance Between Structures .5 BH
Floor Area Min.(SFZ 600
All distances are in feet unless otherwise noted.
BH = Building Height SBH =Sum of Building Heights
1. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located
on curvilinear streets provided the minimum lot area is still maintained.
2, Accessory uses such as pool enclosures may be attached to principal uses and may be set back
five(5)feet from side or rear property lines.
3. Building height shall be the vertical distance from the first finished floor to the highest point of
the roof surface of a flat or Bermuda roof,to the deck line or a mansard roof and to the mean
height level between eaves and ridge of gable, hip and gable roofs.Accessory buildings shall
be limited to twenty(20)feet above grade.
4. Group Care Facilities and Care Units including Adult Living Facilities shall be developed in
conformance with the requirements of Section 5.05.04 of the Collier County Land
Development Code, Development standards for Group Care Facilities and Care Units including
Adult Living Facilities (ALF) shall be the same as provided for multi-family dwelling units in
Table 1.The maximum number of units shall be two hundred fifty(250)units,subject to the
Trip Cap provided in Section 8.2.6.
5. See also Section 8.2.5 Transportation Requirements of this Ordinance pertaining to 1-75
setback requirements.
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised June 14, 2023 Page 20 of 25
SECTION VIII - Development Commitments
8.1 Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the Project Developer.
1, Vegetative Preserve Areas depicted on the PUD Master Plan are permitted for open space and passive
recreational use only.Vegetated preserve areas may be reconfigured provided all other applicable
requirements of this Ordinance are met.All preservation areas shall be designated as Preservation
Tracts or easements on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes.
2. Environmental permitting shall be in accordance with the State of Florida Environmental Resource
Permit Rules and be subject to review and approval by Current Planning Section Staff.
3. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 3.05.07 of
the Collier County LDC. For this site,a minimum of 15.12 acres of native vegetation shall be retained
on site.
4. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site,with
emphasis on the Preservation Area,shall be submitted to the Current Planning Section Staff for review
and approval prior to Final Site Plan/Construction Approval. A schedule for exotic removal within all
Preservation Areas shall be submitted with the above-mentioned plan.
S. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish &Wildlife
Service (USFWS)and Florida Fish &Wildlife Conservation Commission (FFWCC) regarding potential
impacts to protected wildlife species.Where protected species are observed on site, a habitat
management plan for these protected species shall be submitted to Current Planning Section Staff for
review and approval prior to Final Site Plan/Construction Approval,
6. The applicant shall be subject to all environmental ordinances in effect at the time of development
order approvals to which said regulations relate.
8.2 Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project development.
•
•
1. The develop •
•nto the ^ crty. Such lighting shall be in place prior-te
2. The road impact fce shall be as set forth in Road Impact Fee Ordinance 200 ,
the-time-k+ '
•
•
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 21 of 25
• Devices as
required by Chapter 346.0745, Florida Statutes.
5. Roads internal te-the project is serve resid
6. The-developer ,
issuance of the first certifi
Ordinance 82 91
g1. Within 30 days of the County's written request,Tthe developer owner shall make a fair share
contribution towards the capital cost of traffic signals at the project entrance at Noah's Way and
Magnolia Pond Drive when deemed warranted by the Transportation Services Director whiehs
anticipated to b .These signals will
be owned,operated and maintained by Collier County.
8. Allla-nd development activities and future transportation infrastructure improver nt�'nl-be
consistent with the Activity Center ti9 Intercha
management standards/guidelines,tran
92. Access roads and pedestrian connections into the commercial area shall be open to the public in order
to facilitate shared access with commercially zoned lands to the north.
1-93. The PUD Master Plan depicts an area in the northeast corner of the property comprising± .22 acres
that will be dedicated to Collier County for drainage improvements and the widening of Collier
Boulevard. in exchange for impact fee credits in accordance with Ordinance 2000-56.Completed OR
4413 PG 3871.
444. The developer owner shall pay a fair share contribution toward the entire intersection improvements
at Collier Boulevard and Magnolia Pond Drive.
125.
and-te-provide-for mitigation pursuant to Policy 5.1 a
tichea5-aavis-Pootevarri-jost-to-t-hewe-st-of-ColTief-Booleverd-is-imprevetl-frare-twe-te-faur-1-artesr the
acme
ed to satisfy the road
finance for said platted area.
The develeperowner shall reserve an area sixty(60)feet in width from where the existing limited
access right-of-way for Interstate 75 intersects with Collier Boulevard (County Road 951) on the same
side as developer's property and parallel to the right-of-way, for the entire length of the developer's
property as it existed at the time the PUD for the development was approved, for the potential future
reconfiguration of this quadrant of the Interstate interchange. The reservation area may be credited
by developer toward required vegetation preservation. Buildings shall maintain a seventy-five(75)
foot structural setback from the existing Interstate 75 right-of-way, however, parking and drainage
improvements and similar accessory uses may be located up to the edge of the reservation area.
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Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 - Revised June 14, 2023 Page 22 of 25
At such time as the Florida Department of Transportation implements plans for the widening of
Interstate 75 in its Three-Year Work Program,and should an area less than the sixty(60) foot
reservation area be needed, the developer may reduce the structural setback from Interstate 75 to a
lesser amount,subject to the maintenance requirements that may be in place at the time of such
action and with the express approval of the Collier County Development Services and Transportation
Divisions. However, a minimum of fifteen (15)feet shall be provided from the future Interstate 75
right-of-way.
This mitigation is in addition to needed right-of-way provided for the widening of Collier Boulevard,
the provision of drainage improvements for the same, and shared access and a fair share contribution
to improvements to the intersection of Magnolia Pond Drive and Collier Boulevard to facilitate
improved access throughout the general area.
6. Trip Cap.The maximum total daily trip generation for the PUD shall not exceed 800 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.
8.3 Utility Requirements
Tp roject developer.
facilities to serve the project are to be designed, constructed,conveyed,own
accorda ht-y--9rdfn-an
and regulations.
2. All customers co t• 0« th ' a' t i t' d u ollection fasiliti" aCcvrrstructed
Will-b
customers shall b^ stomers of the interim uti-lity-established4o-serve-the-pteject-u-ntil-the
•
pursuant to Chapter 367, Florida Statutes,that the Florida Public Service Co
these trough its sewer facilities.
4. The utility construction docu E th r t' °t" `hall t th d" nd
construction of an on site forceraaect the project to the future central
t line
vc-r•c-rob .�
i
b" "lable-
5. Prior to or at the time of sub lans and the final plot for the project,the
potable-water-supply-from the Colli
e property and eri;ce:
Text added is underlined,text deleted is struck-through
Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419 -Revised June 14, 2023 Page 23 of 25
At the time of application for subdivision Plans and Plat(PPL) and/or Site Development Plan (SDP) approval,as
the case may be,offsite improvements and/or upgrades to the wastewater collection/transmission system
may be required to adequately handle the total estimated peak hour flow from the project.Whether or not
such improvements are necessary, and if so,the exact nature of such improvements and/or upgrades shall be
determined during PPL or SDP review.Such improvement and/or upgrades as may be necessary shall be
permitted and installed at the developer's expense and may be required to be in place prior to issuance of a
certificate of occupancy for any portion or phase of the development that triggers the need for such
improvements and/or upgrades.
Off-Site Utilities Improvements:
1.Water
At first SDP, the existing off-site water facilities of the Collier County Water-Sewer District("District")must be
evaluated by developer for hydraulic capacity to serve this project and reinforced as required by developer,if
necessary, consistent with the county's Water Master Plan to ensure that the District's water system can
hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the
District's existing committed capacity.
2. Sewer
At first SDP,the existing off-site sewage transmission facilities of the District must be evaluated for hydraulic
capacity by developer to serve this project and improved by developer as required outside the project's
boundary to provide adequate capacity to transport the additional wastewater generated without adverse
impact to the existing transmission facilities.
8.4 Engineering Requirements
1. Detailed paving,grading,site drainage and utility plans shall be submitted to the Development
Services Department for review, No construction permits shall be issued unless detailed paving,
grading,site drainage and utility plans are submitted and until approval of the proposed construction,
in accordance with the submitted plans, is granted by the Development Services Department.
2. A copy of the SFWMD Surface Water Management Permit must be received by the Development
Services staff prior to any construction drawing approvals.
3. Subdivision of the site shall require platting in accordance with Section 34 10.02.04 of the LDC to
define the right-of-way and tracts shown on the PUD Master Plan.
4. The developer and all subsequent owners of this project shall be required to satisfy the requirements
of all County ordinances or codes in effect prior to or concurrent with any subsequent development
order relating to this site, including but not limited to Preliminary Subdivision Plat, Site Development
Plan and any other applications that will result in the issuance of a final development order.
8,5 Water Management Requirements
The purpose of this Section is to set forth the water management commitments of the project developer.
Text added is underlined,text deleted is struck-through
Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised June 14,2023 Page 24 of 25
1, Design and construction of all improvements shall be subject to compliance with the appropriate
provisions of the Collier County LDC, except that excavation for water management features shall be
allowed within twenty(20)feet from side, rear or abutting property lines,with side, rear or abutting
property lines fenced.
2. Landscaping may be placed within the water management area in accordance with the criteria
established within Section 2.4,7.3 4.06.02 of the LDC.
3. The wet season water table elevation shall be established at the time of South Florida Water
Management District permitting, which is required for the subject property.
4. An existing thirty(30) foot drainage easement located along the western boundary of the project shall
be increased to forty-five (45)feet to accommodate the existing canal and maintenance access and
shown on the final plat.
5. The proposed stormwater management system for the project shall provide for the six-lane condition
of Collier Boulevard runoff.
6, A surface water management permit must be obtained from the SFWMD prior to any subdivision or
site plan approval.
8.6 Miscellaneous
Pursuant to Section 125.022(5) F.S., 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.
All other applicable state or federal permits must be obtained before commencement of the development.
Text added is underlined,text deleted is struck-through
Collier Boulevard Mixed Use Commerce Center PUDA-PL20210000419-Revised June 14,2023 Page 25 of 25
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Exhibit B
LEGAL DESCRIPTION
THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER(NE 1/4)SECTION 34,TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND THAT PORTION OF THE
NORTHEAST QUARTER(NE 1/4)OF SECTION 34,TOWNSHIP 49 SOUTH,RANGE 26 EAST,NOT
PREVIOUSLY CONVEYED OR CONDEMNED,COLLIER COUNTY FLORIDA;
AND LESS
THE REAL PROPERTY AS DESCIBED IN THE STIPULATED FINAL JUDGEMENT OF
CONDEMNATION AS RECORDED AT O.R. BOOK 1018, PAGE 383, PUBLIC RECORDS OF
COLLIER COUNTY,FLORIDA;
AND LESS
THE EAST 100 FEET PREVIOUSLY CONVEYED TO THE STATE OF FLORIDA FOR ROAD
RIGHT-OF-WAY BY SPECIAL WARRANTY DEED RECOREDED AT O.R.BOOK 13, PAGE 77,
THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA.
W:\1998\1998052\rld1PUD-90210.doc
Page 20 o120
EXHIBIT C
LEGAL DESCRIPTION OF LOT 2
The land referred to herein below is situated in the County of Collier, State of Florida, and described as
follows:
A parcel of land located in the Northeast quarter of Section 34, Township 49 South, Range 26 East,
Collier County, Florida, being more particularly described as follows:
Commence at the Southeast corner of the Northeast Quarter of Section 34, Township 49 South, Range
26 East,Collier County, Florida;thence run S 88°48' 27"W,along the South line of Northwest Quarter of
said Section 34, for a distance of 100.01 feet to a point 100.00 feet Westerly of, as measured at right
angles to the East line of the Northeast Quarter of said Section 34; thence run N 00° 29'22" W parallel
with the East line of the Northeast Quarter of said Section 34, for a distance of 1353.72 feet to a point
on the Southerly right-of-way line of Access Road No, 2, also known as Magnolia Pond Drive, a 60' public
right-of-way, as the same is described in O.R. Book 1018, at Pages 383 through 386, of the Public
Records of Collier County, Florida; thence run S 87° 42' 45" W, along the Southerly right-of-way line of
said Access Road No. 2, also known as Magnolia Pond Drive, a 60' public right-of-way, for a distance of
1779.28 feet to the Point of Beginning of the parcel of land herein described:
Thence leaving said right of way along the boundary of Lot 2,through the following 14 courses:
1) THENCE LEAVING SAID RIGHT OF WAY S 01°40'35"E A DISTANCE OF 45.50 FEET;
2) THENCE N 89°11'13" E A DISTANCE OF 9.00 FEET;
3) THENCE S 00°21'55" E A DISTANCE OF 93.00 FEET;
4) THENCE S 89°53'30"W A DISTANCE OF 54.45 FEET;
5) THENCE S 00°48'47" E A DISTANCE OF 61.00 FEET;
6) THENCE N 88°58'27" E A DISTANCE OF 88.77 FEET;
7) THENCE S 31°34'47" E A DISTANCE OF 7.02 FEET TO THE BEGINNING OF A NON TANGENT CURVE
CONCAVE EASTERLY WHOSE RADIUS POINT BEARS S 49°50'18" E AND HAVING A RADIUS OF
261.45 FEET;
8) THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64°27'24"AN ARC
DISTANCE OF 294.13 FEET;
9) THENCE S 15°28'57" E A DISTANCE OF 1.39 FEET;
10) THENCE S 02°09'41"W A DISTANCE OF 57.81 FEET;
11) THENCE N 88°52'S5"W A DISTANCE OF 98.86 FEET;
12) THENCE S 89°34'02"W A DISTANCE OF 277.04 FEET;
13) THENCE N 00°18'37"W A DISTANCE OF 524.57 FEET TO AN INTERSECTION WITH THE AFORESAID
SOUTHERLY RIGHT OF WAY LINE;
14) THENCE N 87°42'45" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 369.53 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED.
CONTANINING 4.49 ACRES OF LAND MORE OR LESS.
REF ABB DWG 1112794-PH2-5D
[22-CPS-02291/1773094/1) PAGE 1 OF 2
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FLORIDA DEPARTMENT OfSTATE
RON DESANTIS CORD BYRD
Governor Secretary of State
June 20, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66. Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-31, which was filed in this office on June 19, 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