Ordinance 2008-07
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ORDINANCE NO. 08 -07
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 TO AMEND THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE SUBJECT REAL PROPERTY
FROM RURAL AGRICULTURAL (A) ZONING DISTRICT
(APPROVED WITH A PROVISIONAL USE FOR A
CHURCH BY RESOLUTION NUMBER 91-3) AND THE
NEAPOLITAN PARK PLANNED UNIT DEVELOPMENT
(PUD) ZONING DISTRICT TO A CFPUD ZONING
DISTRICT TO BE KNOWN AS THE NEW HOPE
MINISTRIES CFPUD LOCATED ON THE NORTH SIDE
OF DAVIS BOULEVARD (CR-84) AND EAST OF SANTA
BARBARA BOULEVARD, IN SECTION 4, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 37.95", ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 90-6, AS AMENDED,
THE NEAPOLITAN PARK PUD; AND PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, Tim Hancock, of Davidson Engineering, Incorporated, representing New
Hope Ministries, Incorporated, petitioned the Board of County Commissioners to change the
zoning classification of the subject real property as part of Petition PUDZ-2003-AR-3601.
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 4,
Township 50 South, Range 26 East, Collier County, Florida, is changed from a Rural
Agricultural (A) Zoning District with an approved provisional use for a church by Resolution
Number 91-3 and the Neapolitan Park Planned Unit Development (PUD) Zoning District to a
Community Facility Planned Unit Development (CFPUD) Zoning District for a project to be
known as the New Hope Ministries CFPUD in accordance with the CFPUD Document attached
hereto as Exhibit A and incorporated by reference herein. 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 90-6, as amended, known as the "Neapolitan Park" PUD, adopted on
January 23, 1990, by the Board of County Commissioners of Collier County, is hereby repealed
in its entirety.
Page I of2
SECTION THREE:
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 ~qPt day of ;Sanu(J.Ilj ,2008.
"
ATTEST: .'.\~
D~iGl{T E..BI\OCk., CLERK
~~~.PcCo~~k~
Attui' "3J.O'~)':"" D.eputy Clerk
S 1 QIl.tllrt <JoIl1.
Approved as to Form
and Legal Sufficiency
1J::itt..-pa. Iku~'..t -~
Marj e Student-Stirling
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLO A
This ordinance filed with the
S'1wtary of }'b:e0 Offi6i~
~ayof /__
and acknowledgement of thet
filinfGE~ 31lt day.
af ~" ~~k
Deputy Clerk
Page 2 of2
NEW HOPE MINISTRIES CFPUD
A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT
PREPARED FOR:
NEW HOPE MINISTRIES INC.
7675 DAVIS BOULEVARD
NAPLES, FLORIDA 34104
PREPARED BY:
DAVIDSON ENGINEERING, INC.
3530 KRAFT ROAD, SUITE 301
NAPLES, FLORIDA 34105
DATE FILED January 7. 2003
DATE REVISED June 7,2007
DATE REVIEWED BY CCPC December 6,2007
DATE APPROVED BY BCC Janua~ 29, 2008
ORDINANCE NUMBER LUU -u I
EXHIBIT A
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS 1
STATEMENT OF COMPLIANCE 2
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5
SECTION III COMMUNITY FACILITY AREAS PLAN 6
SECTION IV PRESERVE AREAS PLAN 9
SECTION V DEVELOPMENT COMMITMENTS 10
EXHIBIT "A"
LIST OF EXHIBITS
CFPUD MASTER PLAN
1
STATEMENT OF COMPLIANCE
The development of approximately 39.89:t acres of property in Collier County, as a
Community Facility Planned Unit Development to be known as New Hope Ministries
CFPUD will be in compliance with the planning goals and objectives of Collier County
as set forth in the Collier County Growth Management Plan (GMP). The community
facilities of the New Hope Ministries CFPUD will be consistent with the growth policies,
land development regulations, and applicable comprehensive planning objectives for
the following reasons:
1. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
2. Improvements are planned to be in compliance with applicable sections of the
Land Development Code (LDC) as set forth in Objective 3 of the Future Land
Use Element.
3. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
4. The project is located within the Urban Mixed Use District, Urban Residential
Subdistrict and Urban Mixed Use District, Activity Center Subdistrict on the
Future Land Use Map. The Urban designation allows for a variety of community
facilities including churches.
2
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of New Hope Ministries CFPUD.
1.2 LEGAL DESCRIPTION
The subject property being 39.89:t acres, is located in Section 4, Township 50
South, Range 26 East, and is fully described as:
The West half of the Southeast quarter of the Southwest quarter of
Section 4, Township 50 South, Range 26 East, Collier County, Florida,
less and except the South 75 feet for purposes of road right-of-way.
The East half of the Southwest quarter of the Southwest quarter of
Section 4, Township 50 South, Range 26 East, Collier County, Florida,
less and except the South 75 feet for purposes of road right-of-way.
1.3 PROPERTY OWNERSHIP
The subject property is owned by New Hope Ministries Incorporated, a Florida
not-for-profit corporation, 7675 Davis Boulevard, Naples, Florida 34104.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the north side of Davis Boulevard,
approximately 700 feet east of Santa Barbara Boulevard, Collier County,
Florida.
B. The eastern half of the subject property is zoned Agricultural with an
approved Provisional Use, that allows the existing church facilities, and
the western half is zoned PUD, Neapolitan Park, approved by Collier
County Ordinance No. 90-6.
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the Lely Canal Drainage Basin
according to the Collier County Drainage Atlas. The proposed outfall for the
project is the Davis Boulevard roadside ditch located along the south property
line of the project.
3
Natural ground elevation varies from 12.0 NGVD within the on-site wetland areas
to 13,0 NGVD at the CR-951 right-of-way line constituting the west property line;
average site elevation is 12,4 NGVD, The entire site is located within FEMA
Flood Zone "X" with no base flood elevation specified.
The water management system of the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake/native
vegetation areas prior to discharge,
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is predominately #14 - Pineada Fine Sand, Limestone
Substratum and #21 - Boca Fine Sand.
The site vegetation consists primarily of slash pine, cabbage palm, and cypress
trees with upland areas of slash pine and saw palmetto. The site is infested with
melaleuca trees.
1,6 SHORT TITLE
This Ordinance shall be known and cited as the "New Hope Ministries
Community Facility Planned Unit Development Ordinance",
4
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of the New Hope Ministries CFPUD shall be
in accordance with the contents of this Document, CFPUD - Community
Facility Planned Unit Development District and other applicable sections
and parts of the LDC and GMP in effect at the time of issuance of any
development order to which said regulations relate which authorizes the
construction of improvements. Where these CFPUD regulations fail to
provide developmental standards, then the provisions of the most similar
district in the LDC shall apply.
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.
2.3 DESCRIPTION OF PROJECT
The New Hope Ministries CFPUD will be developed for church facilities including
but not limited to a sanctuary and related accessory uses.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the methodology
for providing perpetual maintenance of common facilities.
2.5 TEMPORARY FACILITIES
A. Temporary trailers may be placed on the site after site development plan
(SDP) approval for administrative, storage, and caretaker uses, subject to
LDC requirements.
5
SECTION III
COMMUNITY FACILITY AREAS PLAN
3.1 GENERAL DESCRIPTION
The New Hope Ministries CFPUD will be developed for church facilities with a
sanctuary and related accessory uses.
3.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Churches and houses of worship, not to exceed 4,200 seats.
2. Any other use deemed comparable in nature by the Board of
Zoning Appeals.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including child and adult
day care facilities and administrative offices.
2. Recreational uses and facilities including but not limited to
swimming pools, tennis courts, volleyball courts, athletic fields, tot
lots, boat docks, walking paths, picnic areas, recreation buildings,
special event areas, and basketball/shuffle board courts.
3. In conjunction with the church, a bookstore, educational classes,
recording studio, printing shop, counseling center, and church
bus/van parking area (all such uses shall be related to and
incidental to the church).
4. Gatehouse.
5. Essential services, including interim and permanent utility and
maintenance facilities.
6. Water management facilities.
7. Any other accessory use deemed comparable by the process
outlined in the LDC.
6
3.3 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the New
Hope Ministries CFPUD. Front yard setbacks in Table I shall be measured
as follows:
1. If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
TABLE I
COMMUNITY FACILITY DEVELOPMENT STANDARDS
Requirements Principal Use Accessory Use
Minimum Lot Area 10,000 square feet N/A
Minimum Lot Width 80 feet N/A
Maximum Height 3 stories not to 35 feet
exceed 48 feet
Minimum Building Setbacks
. Front yard 25 feet 25 feet
. Side yard 15 feet 1 0 feet
. Rear yard 15 feet 1 0 feet
. CFPUD boundary 25 feet 10 feet 2
. Lake' 20 feet 20 feet
. Preserve 25 feet 10 feet
. Distance between structures 15 feet 10 feet
'Lake setbacks are measured from the control elevation established for the lake.
225 feet where abutting residentially developed or zoned properties
7
B. Landscapina and Bufferino Reauirements:
1. If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
2. All landscape buffers shall be as required by the LDC.
8
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as generally shown on Exhibit "A", CFPUD Master Plan. A
minimum of 5.67 acres of Native Vegetation Area shall be provided.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following subject to permitting:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas.
2. Non-paved biking, hiking, and nature trails, and boardwalks.
3. Water management structures required by permitting agencies.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within
the Native Vegetation Areas, may be approved after Environmental
Services staff review. A minimum of 5.67 acres of Native
Vegetation Area shall be provided. All supplemental plantings
within the Preserve Areas shall be 100% indigenous native species
and shall meet the minimum planting criteria set forth in the LDC.
9
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with approved SDPs, and all
applicable State and local laws, codes, and regulations applicable to this
CFPUD, in effect at the time of plat, first SDP approval or building permit
application as the case may be. Except where specifically noted or stated
otherwise, the standards and specifications of the official County LDC shall apply
to this project even if the land within the CFPUD is not to be platted. The
developer, its successor and assigns, shall be responsible for the commitments
outlined in this Document.
The developer, its successor or assignee, shall follow the CFPUD Master Plan
and the regulations of this CFPUD 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
Document.
5.3 PUD MASTER PLAN
A. Exhibit "A", CFPUD Master Plan illustrates the proposed development and
is conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as final platting or SDP
approval.
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
An SDP shall be submitted per County regulations in effect at time of site plan
submittal. The project is to be constructed in several additional phases.
A. The landowners shall proceed and be governed according to the time
limits pursuant to LDC requirements.
10
B. Monitoring Report: An annual monitoring report shall be submitted
pursuant to LDC requirements.
5.5 WATER MANAGEMENT
A. Prior to SDP approval, the petitioner shall dedicate to the County a sixty (60)
foot drainage and right-of-way easement along the property line fronting
Davis Boulevard. The easement shall be improved by the developer of this
property and shall have the following dimensions: a 15 foot flat travel way on
the north side, continue on a 4:1 slope 3 feet to elevation 7.5 feet NGVD,
having a 16 foot wide bottom and continuing up on a 4: 1 slope for 3 feet to
the existing grade. This will leave 5 feet before the right-of-way line of Davis
Boulevard. This improvement shall be completed prior to the issuance of any
certificate of occupancy (CO).
B. This site shall be designed for 1 OO-year flood plain compensation using a 100-
year flood elevation of 10.8 feet NGVD.
C. The CFPUD Document and Master Plan shall show full water quality pre-
treatment volume before the stormwater reaches an elevation that would
have the lake overflow its banks and then backflow into the natural ground
areas (preserve).
The Preserve Management Plan shall include provISions for annual
monitoring to determine potential impacts of stormwater on the preserve's
vegetation. The property owner will be required to replace vegetation
adversely impacted by the stormwater with vegetation that will be
suitable to the future conditions.
5.6 TRAFFIC
A. All traffic control devices, signs, pavement marking, and design criteria shall be
in accordance with the Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual On Uniform Traffic Control Devices (MUTCD),
current edition.
B. Access points shown on the CFPUD Master Plan shall be considered to be
conceptual. The number of access points constructed may be less than the
number depicted on the Master Plan; however, no additional access points shall
be considered unless a PUD amendment is approved.
C. Site related improvements (as opposed to system related improvements)
necessary for safe ingress and egress to this project, as determined by Collier
County, shall not be eligible for impact fee credits. All improvements necessary
11
to provide safe ingress and egress for construction-related traffic shall be in
place and operational prior to commencement of on-site construction.
D. Nothing in any development order shall vest a right of access in excess of a
right-in/right-out condition at any access point. Neither shall the existence of a
point of ingress, a point of egress, or a median opening, nor the lack thereof, be
the basis for any future cause of action for damages against the County by the
developer, its successor in title, or assignee. Collier County reserves the right to
close any median opening existing at any time which is found to be adverse to
the health, safety, and welfare of the public. Any such modifications shall be
based on, but not limited to, safety, operational circulation, and roadway
capacity.
E. If any required turn lane improvement requires the use of any existing County
rights-of-way or easement(s), then compensating right-of-way shall be provided
at no cost to Collier County as a consequence of such improvement(s) upon final
approval of the turn lane design during the review of the first subsequent
development order. The typical cross-section shall not differ from the existing
roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee. The cost of installing or lengthening turn lanes to
serve the project shall be borne by the developer.
F. If, in the sole opinion of Collier County, traffic signal(s), other traffic control
device, sign, pavement marking improvement within any public right-of-way or
easement, or site related improvements (as opposed to system related
improvements) necessary for safe ingress and egress to this project, as
determined by Collier County, is determined to be necessary, the cost of such
improvement shall be the responsibility of the developer, its successors or
assigns. The improvements shall be paid for or installed, at the County's
discretion, prior to the issuance of the appropriate, corresponding CO.
G. Land to be conveyed to the County for right-of-way or other public purposes
shall be so conveyed in fee simple by warranty deed or otherwise by easement
to the County within 60 days of Board of County Commissioner's approval of
the rezone petition, or upon approval of the final plat or SDP, whichever comes
first. In no event shall any building permit, right-of-way or drainage permit or
other development order be approved prior to the conveyance of the land,
unless otherwise approved by the Board of County Commissioners.
H. During periods of church worship or special events generating attendance that
would equal the church worship attendance, the church must secure traffic
control assistance from either the Florida Highway Patrol or the Collier County
Sheriff's Office subject to the availability of a Sheriff Deputy or Highway Patrol
Officer for that purpose.
12
5.7 PLANNING
A If during the course of site clearing, excavation or other construction
activity an historic or archaeological artifact is found, all development
within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement
Department contacted.
B. A minimum of 30% of the required parking spaces shall be pervious.
C. Non-compatible uses. It is recognized that there are uses and accessory
uses which, because of their very nature, have characteristics that do not
meet the compatibility criteria of this ordinance and thus adversely impact
adjacent areas. Special regulation of these uses is necessary to ensure
that these adverse impacts will not contribute to the blighting and
downgrading of the surrounding neighborhood.
Within 15 days from submittal of any SDP, it shall be within the discretion
of the County Manager or designee to refuse approval of such SDP if it
includes a use that, in the professional judgment of the County Manager
of designee, is not compatible with and has a potential to cause a
deleterious effect upon an adjacent neighborhood.
Notice of such refusal shall be promptly mailed to the applicant for the
SDP. Applicant and staff will meet at their earliest convenience to discuss
and attempt to amicably resolve the compatibility issues, which can
include, but is not limited to, moving the questioned use to another
location within the development.
Should the parties be unable to reach an amicable solution, the matter will
be promptly referred to the Collier County Planning Commission. At a
publicly noticed hearing, the Planning Commission will review the
proposed use make a finding as to (1) whether the proposed use was
intended for this site, as set forth in the zoning ordinance, and (2) whether
such use can be made compatible with the adjoining neighborhood
through the imposition of certain conditions or restrictions, including but
not limited to location the use to another location within the development,
buffering, limiting hours of operation, requiring a vestibule, walls, and
relocating dumpsters.
Should either the County or the applicant be unwilling to abide with the
findings and recommendations of the Planning Commission, the matter
will then be forwarded to the Board of County Commissioners for a public
hearing, to be conducted in the same manner as LDC section 10.08.00,
except that notice purposes 10 days prior notice by publication will be
sufficient.
13
5.8 ENVIRONMENTAL
A All conservation areas shall be designated as conservation/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. Setbacks shall be provided in accordance with the LDC.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity and to Collier County with no
responsibility for maintenance and subject to the uses and limitations
similar to or as per Florida Statutes.
B. The Preserve Management Plan shall include provIsions for annual
monitoring to determine potential impacts of stormwater on the preserve's
vegetation. The property owner will be required to replace vegetation
adversely impacted by the stormwater with vegetation that will be suitable
to the future conditions.
5.9 FIRE REVIEW
A No infrastructure shall be installed until proper permits are applied for and
obtained.
14
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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 2008-07
Which was adopted by the Board of County Commissioners
on the 29th day of January, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th
day of February, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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