Ordinance 2003-11ORDINANCE NO. 03-__Li~
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH~
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS~
FOR TIlE UNINCORPORATED AREA OF COLLIER COUNTY, i
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 9634S; BY CHANGING THE Z co.-,
ONINGr,-:
CLASSIFICATION OF THE HEREIN DESCRIBED r~
REAL-
PROPERTY FROM A, RSF-4, RMF-6, RMF-12, AND C-4 TO "PUD"~-~
PLANNED UNIT DEVELOPMENT KNOWN AS EAST ATEWAY~
G --
PUD LOCATED IN THE SOUTHWEST QUADRANT OF THE I-7S~,~n
EXIT 15 INTERCHANGE, 1N SECTION 34, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 37.39 ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau, of RWA, Inc., representing Thomas G. Eckerty, Trustee for 1-75
Exit 15 Land Turst, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 34,
Township 49 South, Range 26 East, Collier County, Florida, is changed from A, RSF-4, RMF-6,
RMF-12 and C-4 to "PUD" Planned Unit Development in accordance with the "East Gateway" puD
Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning
Atlas Map numbered 8634S, as described in Ordinance Number 91-102, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~ day of ~3.c~ ,2003.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~AN
ATTE&T: ............
d ~',' ." ".
~ '~... . i - ~.~ '. '.
D._W7 'IGHT E.' BRQCI~CL~ERK
,v, arjor~ M. Student ~ l,~ ~~ , ,filing rece~ve~O~iTe~f that
Assistant CounW Attorney e0g~ o ~ do
G/AdminWUDZ-2~I -AR-1842/~/sp
EAST GATEWAY
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING EAST GATEWAY,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
THOMAS G. ECKERTY, TRUSTEE
1-75 EXIT 15 LAND TRUST
12734 KENWOOD LANE, STE. 89
FORT MYERS, FLORIDA 33907-5638
PREPARED BY:
CONSULTING
.,~.~ ~' ~'../_ ..~.
3050 NORTH HORSESHOE DRIVE
SUITE 270
NAPLES, FLORIDA 34104
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
2/6/03
2/25/03
2003-11
Exhibit "A"
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TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance
Section I
Section II
Section III
Section IV
Section V
Legal Description, Property Ownership and General Description
Project Development
Commercial Area Development Standards
Industr/al/Business Park Development Standards
Development Commitments
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LIST OF EXHIBITS AND TABLES
EXHIBIT A
TABLE I
PUD MASTER PLAN
PROJECT LAND USE TRACTS
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STATEMENT OF COMPLIANCE
The development of approximately 37.39 acres of property in Collier County as a Planned Unit
Development to be known as East Gateway will be in compliance with the goals, objectives and
policies of Collier County as set forth in the Growth Management Plan. The commercial, and
industrialkbusiness park land uses of the East Gateway PUD are consistent with the growth
policies, land development regulations, and applicable comprehensive planning objectives of each
of the elements of the Growth Management Plan for the following reasons:
o
10.
The subject property proposed for development is within the Urban Commercial
District/Interchange Activity Center Subdistrict as identified on the Future Land Use Map
as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses
contemplated are consistent therewith.
The subject property is located in Activity Center #9. The land uses, and land use
intensities proposed are consistent with the Future Land Use Element of the Collier County
Growth Management Plan.
Development of the East Gateway PUD shall be consistent with the Activity Center #9
Interchange Master Plan.
The subject property is located on the southwest quadrant of the 1-75/Exit 15 Interchange.
This strategic location allows the site superior access for the placement of commercial and
industrial/business park activities.
The project is a mixed-use development located within a designated Activity Center,
therefore, the proposed commercial, and industrial/business park land uses are consistent
with the Future Land Use Element of the Collier County Growth Management Plan.
The development will be compatible with and complementary to existing and planned
surrounding land uses.
The development of the East Gateway PUD will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1.H and L of the
Future Land Use Element.
Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
The East Gateway PUD is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as required by Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
All final Development Orders within the East Gateway PUD are subject to the Collier
County Concurrency Management System, as implemented by 'the Adequate Public
Facilities Ordinance.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1
1.2
1.3
1.4
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 the East Gateway PUD.
LEGAL DESCRIPTION
THE EAST 726 FEET OF THE WEST V2 OF THE SOUTHEAST ¼, LYING SOUTH OF
1-75, IN SECTION 34, TOWNSHIP 49, SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, LESS THE SOUTH 50 FEET THEREOF.
SAID PARCEL CONTAINING 37.39 ACRES MORE OR LESS, SUBJECT TO
EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
PROPERTY OWNERSHIP
The subject property is owned by the 1-75 Exit 15 Land Trust, Thomas G. Eckerty, Trustee.
PHYSICAL DESCRIPTION
The development property is located in the southwest quadrant of the 1-75, Exit 15
Interchange, with frontage on Davis Boulevard (State Road 84), in Section 34, Township
49 South, Range 26 East. The proposed project site is presently undeveloped, but has been
historically timbered, and utilized for cattle grazing. The majority of the property has
extensive infestation of the exotic species Melaleuca. The property is generally without
topographic relief, with elevations ranging from 9.8' to 11.6' above mean sea level. The
site contains areas of jurisdictional wetlands including transitional wetlands in which the
predominant vegetation is a mix of pine and cypress and associated upland and wetlaffd
plants. Natural drainage is southwesterly. The proposed water management regime for the
project utilizes detention areas that will result in the post development surface water
discharge volume being no more than the pre-development discharge volume.
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1.5
PROJECT DESCRIPTION
The East Gateway PUD shall be a mixed-use development, with a commercial
development located on the Davis Boulevard frontage, and the industrial/office park
development opportunity to be located on the northerly portion of the PUD property. The
commercial component of the development is limited to 200,000 square feet of gross
leasable floor area, and will be located on a 20-~ acre parcel. The commercial land uses
proposed are those typically associated with major interchanges, including, but not limited
to, convenience stores with gas pumps, restaurants, fast-food and/or sit-down dining,
banks, and shopping centers anchored by a major grocery store, and/or major retail store(s).
There is the potential for professional offices to be located in a shopping center, or
developed in out-parcels within the commercial development area. The industrial/office
park development is limited to 250,000 square feet of gross leasable floor area, and will be
located on a 17+ acre parcel.' The industrial/business park land uses may be, but are not
required to be, those typically associated with land development activities including but not
limited to engineering and surveying offices, building material supply, and home
improvement supply.
Each industrial, commercial or industrial/business park land use, will be served with
centrally provided potable water, sanitary sewer, electric power, and telephone services.
Additional services will be provided as deemed appropriate.
The entire 37.4+ acre project is the stormwater management basin. The storm water
management system consists of preserve/native vegetation for storm attenuation and dry
detention for water quality. A catch basin/culvert system along with overland sheet flow
will collect and convey project run-off to the dry detention areas, and to the preserve/native
vegetation area once acceptable water quality is achieved.
Flood protection will be provided to the project by raising buildings, roads, etc. in
conformance with South Florida Water Management District criteria. The South Florida
Water Management District criteria for building pad elevation is the 100-year, 3-day/zero-
discharge storm elevation, and the minimum road elevation is based on the 25 year, 3-day
storm event. After heavy rainfall events, surface waters from storage areas will be
discharged through a bleed-down structure into the existing preserve in the Saddlebrook
Village PUD to the west. The water control structure for Saddlebrook Village w~s
designed to accommodate the discharge from the proposed The East Gateway PUD. The
off-site outfall was constructed during the construction of Saddlebrook Village. Said out-
fall is in existence and functional. No further design modifications to the existing system
are required.
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1.6
SHORT TITLE
This Ordinance shall be known and cited as the "East Gateway Planned Unit Development
Ordinance".
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1
2.2
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 East Gateway PUD development, as well as other project
relationships.
GENERAL
Regulations for development of the East Gateway PUD shall be in accordance with
the contents of this document, PuD-Planned Unit Development District and other
applicable sections and pans of the Collier County Land Development Code and
Growth Management Plan in effect at the time of building permit application.
Where these regulations fail to provide developmental standards, then the
provisions of the most similar district in the County Land Development Code shall
apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
Co
All conditions imposed and all graphic material presented depicting restrictions for
the development of the East Gateway PUD shall become pan of the regulations that
govern the manner in which the PUD site may be developed.
Unless modified, waived or excepted by this PUD, the provisions of other sections
of the Land Development Code, where applicable, remain in full force and effect
with respect to the development of the land which comprises this PUD.
Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division 3.15, Adequate Public Facilities, of the County
Land Development Code, at the earliest or next to occur of either Final Site
Development Plan, Final Plat approval, or building permit issuance applicable to this
development.
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2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
mo
The project Master Plan, including layout of streets and use of land for the various
tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be
two land use tracts, portions of which may include water management lakes or
facilities, and private street fights-of-way, the general configuration of which is also
illustrated by Exhibit "A".
TABLE I
PROJECT LAND USE TRACTS
TRACT "C"
TYPE UNITS/SQ. FT. ACREAGE+
COMMERCIAL 200,000 20
TRACT "IDB"
INDUSTRIAL/
BUSINESS PARK 250,000 17
Areas within the PUD may be excavated and constructed as lakes or, upon
approval, may be constructed as shallow, intermittent wet and dry depressions for
water retention purposes. Minor modification to all tracts, lakes or other
boundaries may be permitted at the time of Final Plat or Site Development Plan
approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively,
of the Collier County Land Development Code, or as otherwise permitted by this
PUD document.
In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within or
along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT INTENSITY
A maximum of 200,000 square feet (gross leasable floor area) of commercial developm~'nt
may be constructed in the "C" Commercial Tract. A maximum of 250,000 square feet
(gross leasable floor area) of industrial and/or business park development may be
constructed in the "IDB" Industrial/Business Park Tract.
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2.5
2.6
PROJECT PLAN APPROVAL REQUIREMENTS
Prior to the recording of a record plat for all or part of the PUD, final plans of all
required improvements shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the PUD Master Development
Plan, the Collier County Subdivision Code, and the platting laws of the State of
Florida.
Bo
Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. If
required, a preliminary subdivision plat shall be submitted for the entire area
covered by the PUD Master Plan. Any division of property and the development of
the land shall be in compliance with Division 3.2 of the Collier County Land
Development Code, and the platting laws of the State of Florida.
The provisions of Division 3.3 of the Collier County Land Development Code,
when applicable, shall apply to the development of all platted tracts, or parcels of
land as provided in said Division prior to the issuance of a building permit or other
development order.
The development of any tract or parcel approved for commercial or
industrial/business park development contemplating fee simple ownership of land
for each commercial or industrial/business park unit or parcel, shall be required to
submit and receive approval of a preliminary subdivision plat, in conformance with
the requirements of Division 3.2 of the Collier County Land Development Code,
prior to the submittal of construction plans and a final plat for any portion of the
tract or parcel.
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
LAKE SETBACK AND EXCAVATIONS
Should lakes be excavated, the lake setback requirements described in Section 3.5.7.1 '~f
the Land Development Code may be reduced with the administrative approval of the
Collier County Community Development and Environmental Services Administrator, or
his designee. Lakes may be excavated to the maximum commercial excavation depths set
forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from
the East Gateway PUD shall be limited to an amount up to ten perc. ent (10%) (to a
maximum 20,000 cubic yards), of the total volume excavated unless a commercial
excavation permit is received.
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2.7
2.8
2.9
USE OF RIGHTS-OF-WAY
All platted project streets shall be private and shall be classified as local streets.
Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, for engineering and safety considerations
prior to installation.
Off street parking required for commercial uses shall be accessed by parking aisles
or driveways that are separate from the project's connector road to Bedzel Circle in
the 951 Commerce Center PUD. A green space area of not less than ten (10') feet
in width as measured from the property line, or edge of pavement, whichever is
greater, shall separate' any parking aisle or driveway from the project's connector
road to Bedzel Circle.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master
Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County
Land Development Code. Minor changes and refinements as described in Section 7.3.C. of
this PUD document may be made in connection with any type of development or permit
application required by the Collier County Land Development Code.
DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shall be provided for water management areas, rights-of-way, utilities and other
purposes as required. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time of adoption of this Ordinance
establishing the East Gateway PUD.
Whenever the developer elects to create land area whose ownership and maintenance
responsibility is a common interest to all of the subsequent purchasers of property within
the East Gateway PUD, the developer shall provide appropriate legal instruments for the
establishment of a Property Owners' Association whose function shall include provision
for the perpetual care and maintenance of all common facilities and open space, subject
further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development
Code.
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2.10 FILL STORAGE
Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County Land
Development Code, fill storage is generally permitted as a principal use throughout the
East Gateway PUD. Fill material generated may be stockpiled within areas designated for
development. Prior to stockpiling in these locations, a Vegetation Removal and Site
Filling Permit, along with plans showing the locations and cross-sections shall be
submitted to Collier County Planning Services Staff for review and approval. The
following standards shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: thirty-five (35) feet
C
Fill storage areas shall be screened with a security fence at least six (6) feet in
height above ground level. If fill is spread to a height less than four feet over
development areas that are depicted on an approved Site Development Plan, no
fencing is required.
Do
Soil erosion control shall be provided in accordance with Division 3.7 of the Land
Development Code.
E. Fill storage shall not be permitted in Preserve Areas.
2.11 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the East Gateway PUD requires a permit from a
local, State, or Federal agency with jurisdiction over the property proposed for
development, the developer shall obtain such permits prior to final development order
approval.
2.12 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of t~e
Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County
Land Development Code; a minimum of 9.34 acres (25% of the viable, naturally
functioning native vegetation on site) is required to be retained or replanted. The preserve
area depicted on Exhibit "A", PUD Master Plan is approximately 5.7 acres, therefore,
approximately 3.64 acres of native vegetation shall be planted, and/or retained on-site to
satisfy the 9.34 acre requirement.
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2.13
LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD
Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a
part of the Land Development Code and shall be the standards of development for the
PUD. Thenceforth, development in the area delineated as the East Gateway PUD District
on the Official Zoning Map will be governed by the adopted development regulations and
PUD Master Plan.
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SECTION III
COMMERCIAL DEVELOPMENT AREA
3.1
3.2
3.3
PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "C", Commercial Development Area on Exhibit "A", PUD Master Plan.
MAXIMUM COMMERCIAL SQUARE FEET
The 20-~: acre Commercial Development Area (Tract "C"), shall not be developed with
more than 200,000 square feet of commercial uses. Should a hotel or motel be proposed, a
commensurate amount of commercial development opportunity shall be lost, based on a
comparison of average annual daily trip generations.
USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses~:
1) Any retail businesses as defined in the Standard Industrial Classification
Manual for the following categories:
a. 521 - Lumber and other Building Materials Dealers;
b. 523 - Paint, Glass, and Wallpaper stores;
c. 525 - Hardware stores;
d. 526 - Retail Nurseries, Lawn and Garden Supply Stores;
e. Major Group 53 - General merchandise stores.
2) Any retail store engaged in selling food as defined under Major Group 54'rn
the Standard Industrial Classification Manual.
3)
Any retail businesses engaged in selling automobile parts and accessories;
and retail gasoline sales (without service facilities), as defined in the
Standard Industrial Classification Manual for the following categories:
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~ Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classificatton
Manual, 1987 Edition.
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4)
5)
6)
7)
8)
9)
10)
a. 553 - Auto and Home Supply stores, not including any installation
facilities;
b. 554 - Gasoline Stations, not including service facilities;
c 7542 - Carwashes only.
Any retail businesses engaged in selling apparel and accessories as defined
under Major Group 56 in the Standard Industrial Classification Manual.
Any retail businesses engaged in selling home furniture, furnishings, and
equipment stores as defined under Major Group 57 in the Standard
Industrial Classification Manual.
Any retail establishment selling prepared foods and drinks, including
alcoholic drinks (for consumption on the premises), as defined under Major
Group 58 in the Standard Industrial Classification Manual.
Any miscellaneous retail businesses as defined under Major Group 59 in the
Standard Industrial Classification Manual, not including Industry Group
Numbers: 593 - Used Merchandise Stores; 596 - Nonstore Retailers; 598 -
Fuel Dealers; and not including the retail sale of fireworks.
Establishments operating primarily in the fields of finance, insurance, and
real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in
the Standard Industrial Classification Manual.
Establishments operating primarily to provide temporary lodging such as
hotels or motels as defined under Industry Group 7011 in the Standard
Industrial Classification Manual. No more than 150 rooms shall be
permitted.
Establishments operating primarily to provide personal services as defined
in the Standard Industrial Classification Manual for the following Industry
Groups:
a. 721 - Laundry, Cleaning, and Garment Services, only including 7211 -
Power laundries, family and commercial, and 7215 - Coin-operated
laundries and dry-cleaning;
722 - Photographic Portrait Studios;
723 - Beauty Shops;
724 - Barber Shops;
725 - Shoe Repair Shops and Shoeshine Parlors;
bo
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11)
12)
13)
14)
15)
g.
726 - Funeral Service and Crematories;
729 - Miscellaneous Personal Services, only including 7291 - Tax return
preparation services, and 7299 personal services, only including car title
and tag service, computer photography or portraits, costume rental, dress
suit and tuxedo rental, electrolysis (hair removal), hair weaving or
replacement service, and tanning salons.
Establishments operating primarily to provide business services as defined
in the Standard Industrial Classification Manual for the following Industry
Numbers:
a. 7311 - Advertising Agencies;
b. 7334 - Photocopying and Duplicating Services;
c. 7371 - ComPuter Programming Services.
Establishments operating primarily to produce, distribute, and exhibit
motion pictures as defined under Major Group 78 in the Standard Industrial
Classification Manual.
Establishments operating primarily to provide legal services as defined
under Major Group 81 in the Standard Industrial Classification Manual.
Establishments operating primarily to provide engineering, accounting,
research, and management for the following Industry Numbers:
a. 8711
b. 8712
c. 8721
d. 8732
e. 8742
£ 8743
g. 8748
- Engineering Services (no outside equipment storage);
- Architectural Services (no outside equipment storage);
- Accounting, Auditing, and Bookkeeping Services;
- Commercial Economic, Sociological, and Educational Research;
- Management Consulting Services;
- Public Relations Services;
- Business Consulting Services.
Offices of government as defined under Major Group 91 in the Standartt
Industrial Classification Manual.
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3.4
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1) Parking facilities and Signage.
2) One caretaker's residence.
DEVELOPMENT STANDARDS
A. MINIMUM LOT AREA: 10,000 square feet.
B. AVERAGE LOT WIDTH: 100 feet.
C. MINIMUM YARDS (INTERNAL):
1) Front Yard: 25 feet or one-half of the building height as measured from each
exterior wall.
2) Side Yard: One-half of the building height as measured from each exterior wall,
with a minimum of 15 feet.
3) Rear Yard: One-half of the building height as measured from each exterior wall.
4) Yards abutting off-site residential land uses: 50 feet.
5) Parcels with two frontages may reduce one front yard by 10 feet.
D. MINIMUM YARDS AND BUFFERS (EXTERNAL)
Land uses proposed on Davis Boulevard (S.R. 84): 50 foot setback, except that
canopies for gas stations must maintain a 30 foot setback, provided no gas pumps
or pump islands are located closer than 40 feet from the Davis Boulevard Right-Of-
Way. A 25 foot landscape buffer, in accordance with Section 5.11 of this
document, and Division 2.4 of the Collier County Land Development Code, shall
be provided along the entire frontage of Davis Boulevard.
MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards.
mo
MAXIMUM HEIGHT:
50 feet in all other areas.
35 feet directly adjacent to the Saddlebrook Village PUD.
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Go
Jo
Lo
MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first
finished floor. Kiosk vendor, concessions, and temporary or mobile sales structures
are permitted to have a minimum floor area of 25 square feet, and are not subject to
setback requirements set forth above.
MAXIMUM GROSS LEASABLE FLOOR AREA: 200,000 square feet.
GAS STATION LOCATION RESTRICTION:
Gasoline service stations, as provided for in Subsection 3.3.A.3)b. of this document
may only be located east of the PUD project entrance.
OFF-STREET PARKING AND LOADING REQUIREMENTS:
As required by Division 2.3 of the Collier County Land Development Code in
effect at the time of site development plan approval.
OUTSDE STORAGE:
Outside storage is prohibited in this PUD, with the exception that garden centers
and covered storage of mater/als and products shall be permitted.
ARCHITECTURAL UNYFORMITY:
Commercial development in this PUD shall have a common architectural theme for
all structures. Guidance for the commonality of architecture may be derived from
Division 2.8. of the Land Development Code, or may be unique to the PUD in
conformance with the Interchange Master Plan for Activity Center #9. Commercial
development site design shall conform with the guidelines and standards of
Division 2.8. of the Land Development Code and the Interchange Master Plan for
Activity Center//9.
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M. CARETAKER'S RESDENCE:
One (1) caretaker's residence shall be permitted for the commercial development
area, subject to the following:
1)
The residence shall be constructed as an integral part of the shopping center or
one of the commercial buildings, and shall be entered from within that
structure. Exits required to comply with fire codes shall be permitted.
2)
The caretakers' residence shall be an accessory use, and shall be for the
exclusive use of the property owner, tenant, or designated employee operating
or maintaining the shopping center or commercial facilities.
3)
Off-street parking shall be as for a single-family residence in accordance with
Division 2.3 of the Collier County Land Development Code in effect at the time
of site development plan application. Parking for the caretaker's residences
shall be in addition to any other required parking facilities.
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SECTION IV
INDUSTRIAL/BUSINESS PARK DEVELOPMENT AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "I/B", Industrial/Business Park Development Area on Exhibit "A", PUD Master
Plan.
4.2
4.3
MAXIMUM INDUSTRIAL/BUSINESS PARK SQUARE FEET
The 17± acre Industrial/Business Park Development Area (Tract "I/B"), shall not be
developed with more than 250,000 square feet of industrial/business park uses.
USES PERMITTED
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:
Principal Uses1 (Wholesale and storage uses shall not be permitted immediately
adjacent to the 1-75 Right-of-Way):
1) Any business engaged in building construction as defined under Major
Group 15 in the Standard Industrial Classification Manual.
2) Any business engaged in construction - special trade contractors as defined
under Major Group 17 in the Standard Industrial Classification Manual.
3) Any business as defined in the Standard Industrial Classification Manual
for the following categories:
a. 521 - Lumber and other Building Materials Dealers;
b. 523 - Paint, Glass, and Wallpaper stores;
c. 525 - Hardware stores.
~ Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification
Manual, 1987 Edition.
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4)
Any establishment selling prepared foods and drinks for consumption as
defined under Industry Number 5812 in the Standard Industrial
Classification Manual, not including fast foods, walk-up windows, and
drive-through restaurants.
5) Establishments operating primarily in the field of real estate as defined
under Major Group 65 in the Standard Industrial Classification Manual.
6)
Establishments operating primarily to provide business services as defined
in the Standard Industrial Classification Manual for the following Industry
Numbers:
a. 731 - Advertising;
b. 733 - Mailing, Reproduction, Commercial Art and Photography, and
Stenographic Services;
c. 734 - Services to Dwellings and Other Buildings;
d. 737 - Personnel Supply Services;
e. 7382 - Security Systems Services;
f. 7384 - Photofinishing Laboratories.
7)
Establishments operating primarily to produce, distribute, and exhibit
motion pictures as defined under Major Group 78 in the Standard Industrial
Classification Manual.
8) Establishments operating primarily to provide engineering, testing and
business consulting for the following Industry Numbers:
a. 871 -Engineering, Architectural, and Surveying Services;
b. 8734 - Testing Laboratories;
c. 8748 - Business Consulting Services.
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1) Parking facilities and Signage.
2) One caretaker's residence.
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4.4
DEVELOPMENT STANDARDS
A. MINIMUM LOT AREA: 20,000 square feet.
B. AVERAGE LOT WIDTH: 100 feet.
FLOOR AREA RATIO (FAR): All industrial land uses (as set forth in the I,
Industrial district from the Collier County Land Development Code), shall be
limited to a 0.45 floor area ratio. Business Park land uses (as set forth in the BP,
Business Park district from the Collier County Land Development Code), shall not
be limited by a floor area ratio.
D. MINIMUM YARDS (INTERNAL):
1) Front Yard: 30 feet.
2)
Side Yard: The sum total of the side yards shall be 20 percent of the lot width,
not to exceed a maximum of 50 feet. This yard requirement may be
apportioned between the side yards in any manner, except that neither side yard
may be less than 10 feet. A zero lot line option may be used in a unified plan of
development involving one or more lots under common ownership where the
preceding yard requirements are met relative to the unified plan.
3) Rear Yard: 15 feet.
4) Yards abutting off-site residential land uses: 50 feet.
5) Parcels with two frontages may reduce one front yard by 10 feet.
E. MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards.
MAXIMUM HEIGHT: 35 feet directly adjacent to the Saddlebrook Village PUD.
50 feet in all other areas.
MAXIMUM GROSS LEASABLE FLOOR AREA: 250,000 square feet.
H. OFF-STREET PARKING AND LOADING REQUIREMENTS:
As required by Division 2.3 of the Collier County Land Development Code in
effect at the time of site development plan approval.
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OUTSIDE STORAGE:
Outside storage is prohibited in this PUD, with the exception that garden centers
and covered storage of materials and products shall be permitted.
J. ARCHITECTURAL UNIFORMITY:
Industrial/business park development in this PUD shall have a common
architectural theme for all structures. Guidance for the commonality of architecture
shall be derived from Division 2.8. of the Land Development Code, or may be
unique to the PUD in conformance with the Interchange Master Plan for Activity
Center #9. Industrial/business park development site design shall conform with the
guidelines and standards of Division 2.8. of the Land Development Code and the
Interchange Master P1an for Activity Center #9.
K. CARETAKER'S RESIDENCE:
One (1) caretaker's residence shall be permitted for the industrial/business park
development area, subject to the following:
1)
The residence shall be constructed as an integral part of the shopping center or
one of the industrial/business park buildings, and shall be entered from within
that structure. Exits required to comply with fire codes shall be permitted.
2)
The caretakers' residence shall be an accessory use, and shall be for the
exclusive use of the property owner, tenant, or designated employee operating
or maintaining the industrial/business park facilities.
3)
Off-street parking shall be as for a single-family residence in accordance with
Division 2.3 of the Collier County Land Development Code in effect at the time
of site development plan application. Parking for the caretaker's residences
shall be in addition to any other required parking facilities.
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SECTION V
DEVELOPMENT COMMITMENTS
5.1
5.3
5.2
PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
GENERAL
All facilities shall be constructed in str/ct accordance with final site development plans,
final subdivision plans and all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically noted or stated otherwise, the standards
and specifications of the Land Development Code of Division 3.2 shall apply to this
project even if the land within the PUD is not to be platted. The developer, his successor
and assigns shall be responsible for the commitments outlined in this document.
The developer, his successor or assignee, shall follow the Master Development Plan and
the regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title to
the developer is bound by any commitments within this agreement. These commitments
may be assigned or delegated to a master association to be created by the developer. Upon
assignment or delegation, the developer shall be released from responsibility for the
commitments.
PUD MASTER DEVELOPMENT PLAN
mo
Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries, or special land use
boundaries shall not be construed to be final, and may be varied at anytime at any
subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Land Development
Code, amendments may be made from time to time.
All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all services and all common areas in
the project.
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The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the East
Gateway PUD Master Plan upon written request of the developer.
1) The following limitations shall apply to such requests:
ao
The minor change or refinement shall be consistent with the Collier
County Growth Management Plan and the East Gateway PUD
document.
The minor change or refinement shall not constitute a substantial change
pursuant to Subsection 2.7.3.5.1. of the Collier County Land
Development Code.
Co
The minor change or refinement shall be compatible with adjacent land
uses, and shall not create detrimental impacts to abutting land uses,
water management facilities, and preserve areas within, or external to
the PUD boundaries.
2)
The following shall be considered minor changes or refinements, subject to
the limitations of Subsection 7.3.C. 1) of this document:
Reconfiguration of preserve areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review and
permitting. There may be no overall decrease in preserve area.
bo
Reconfiguration of lakes, or other water management facilities where
such changes are consistent with the criteria of the South Flor/da Water
Management District and Collier County.
c. Internal realignment of vehicular circulation pattems.
3)
Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable Courrty
Ordinances and regulations prior to the Administrator's consideration for
approval.
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4)
Approval by the Administrator of a minor change or refinement may occur
independently from and prior to any application for subdivision or site
development plan approval, however, the Administrator, or his designee's
approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining
all applicable County permits and approvals.
5.4
SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
Ao
This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code. However, given the subject PUD's location on a "currently
deficient" State roadway facility, that has no programmed improvement schedule,
The time period described by that Section 2.7.3.4 shall not run until roadway
capacity has been allocated to the PUD.
An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of
the Land Development Code.
5.5 TRANSPORTATION
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
All traffic control devices used must be in accordance with the Standards adopted
by the Florida Department of Transportation (FDOT), as required by Florida
Statutes - Chapter 316 Uniform Traffic Control Law.
All traffic speed limit postings must be in accordance with the Speed Zoning
Manual as adopted by the Florida Department of Transportation (FDOT), as
amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control
Law.
Co
Arterial level street lighting must be provided at all development points of ingregs
and egress. Said lighting must be in place prior to the issuance of the first
permanent Certificate of Occupancy (CO).
External and internal improvements determined by Collier County Transportation
staff to be essential to the safe ingress and egress to the development will not be
considered for impact fee credits. Said improvements will be in place prior to the
issuance of the first Certificate of Occupancy (CO).
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E
Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-
13, as amended, and will be paid at the time building permits are issued, unless
otherwise approved by the Collier County Board of Commissioners (CCBCC).
Fo
Access as shown on the PUD Master Development Plan is conceptual in nature and
subject to change for consistency with the Land Development Code (LDC), as
amended, Collier County Access Management Policy, as amended, and the Florida
Department of Transportation (FDOT) Access Management On The State Highway
System Policy, as amended. Median access and control will remain under Collier
County's, and the Florida Department of Transportation's (FDOT's) authority, as
may be applicable. These agencies each reserve the right to modify or close any
median openings that have been determined by their respective staffs to have an
adverse affect on the health, safety, and welfare of the public. These include but are
not limited to safety' concerns, operational circulation issues, roadway capacity
problems, etc.
Nothing in any development order will vest the right of access over and above a
right in/right out condition. Neither will the existence, or lack of, a future median
opening be the basis for any future cause of action for damages against Collier
County, and/or the Florida Department of Transportation (FDOT), by the
developer(s), its successor(s) in title, or assignee(s).
Frontage, midpoint and/or reverse frontage interconnection(s) may be required by
Collier County Transportation staff as a condition of site development plan
approval.
The developer(s), its successor(s) in title, or assignee(s), will be responsible for the
cost of any and all traffic signal(s), at any and all development entrance(s), when
determined warranted and approved by Collier County. When warranted, upon the
completion of the installation, inspection, bum-in period, and final
approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be
turned over (for ownership) to Collier County, and will then be operated and
maintained by Collier County Transportation Operations. Any negotiations
relevant to "fair share" payment(s), or reimbursement(s), from any and all oth-~r
developer(s)/neighboring property owner(s), that directly benefit from said traffic
signal(s), xvill be determined based upon percentage of usage/impact.
Jo
The development will be designed to promote the safe travel of all roadway users
including bicyclists, and will provide for the safety of pedestrians crossing said
roadways. Bicyclist and pedestrian travel ways will be separated from vehicular
traffic in accordance with recognized standards and safe praciices, as determined by
Collier County Transportation staff.
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Ko
Lo
Mo
No
The developer(s) shall provide any and all site related transportation
improvement(s) including, but not limited to, any and all necessary mm lane(s)
improvement(s) at the project entrance(s) prior to the issuance of the first
permanent Certificate of Occupancy. Said improvement(s) are considered site
related, and therefore do not qualify for impact fee credits. When said mm lane
improvement(s), whether left turn lane and/or right turn lane, are determined to be
necessary, right-of-way and/or compensating right-of-way, will be provided in
conjunction with said improvement(s).
All accesses and roadways not located within Collier County's and/or Florida
Department of Transportation's (FDOT's) rights-of-way will be privately
maintained by an entity created by the developer(s), its successor(s) in title, or
assignee(s).
Joint access and frontage roads shall be established specifically when frontage is
not adequate to meet the access spacing requirements of the Collier County Access
Management Policy, as amended, and the Florida Department of Transportation
(FDOT) Access Management On The State Highway System Policy, as amended.
Access points and median openings shall be designed to provide adequate turning
radii and accommodate the U-Turn movement of commercial vehicles.
No direct access to the 1-75 Right-of-Way will be permitted.
The Davis Boulevard/S.R. 84 Project Development and Environmental Study
prepared by the Florida Department of Transportation (FDOT) identified that
additional right-of-way required for the 6-1aning improvements, between Radio
Road and Collier Boulevard/CR 951, would be obtained from lands south of the
existing Davis Boulevard/SR 84 right-of-way. Should the Florida Department of
Transportation (FDOT) find additional right-of-way necessary beyond the proposed
right-of-way needs, reservation of right-of-way for dedication for improvements to
Davis Boulevard/SR 84 must be identified on either the preliminary subdivision
plat or site development plan, whichever occurs first. The right-of-way shall be
dedicated as fee simple at either the recording of a final plat, prior to the fiFst
certificate of occupancy, or within ninety days of the request by Collier County:
Any compensation for the right-of-way will be consistent with the requirements of
the Land Development Code (LDC), as amended. No buffers/easements or other
facilities may be designated within the Davis Boulevard/SR 84 future right-of-way.
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5.6
Qo
The development will not be permitted to proceed until such time as improvements
are made to Davis Boulevard/SR 84 and Collier Boulevard/CR 951, within the area
of impact, or it has been demonstrated by generally accepted transportation
practices that Davis Boulevard/SR 84 and Collier Boulevard/CR 951 will operate at
acceptable levels of service with all, or part of the proposed site impacts. This
limitation may be modified if and when incremental improvements are made to
Davis Boulevard/SR 84 and Collier Boulevard/CR 951 and study data supports that
additional capacity has been made available for increased development within the
area of impact as a result of said improvements.
WATER MANAGEMENT
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
mo
Detailed paving, grading and site drainage plans shall be submitted to Planning
Services Staff for review and approval. No construction permits shall be issued
unless and until approval of the proposed construction, in accordance with the
approved plans is granted by Planning Services Staff.
Bo
An excavation permit will be required for the any proposed lakes in accordance
with the Collier County Land Development Code and South Florida Water
Management District Rules.
C°
Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code, 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. Lakes closer than 50 feet to the property line must be properly fenced.
Do
Eo
Landscaping may be placed within water management areas in compliance with the
criteria established in Section 2.4.7.3. of the Collier County Land Development
Code.
The wet season water table shall be established at the time of South Florida Water
Management District permitting.
F°
A South Florida Water Management Permit must be obtained prior to any site
development plan or construction plan approval.
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5.7 UTILITIES
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 97-17, as amended, and other
applicable County rules and regulations.
Bo
All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County
in accordance with the County's established rates.
Co
The on-site water distribution system serving the project must be connected to the
Collier County Water-Sewer District's water main available and adjacent to the
project's south boundary.
5.8 ENVIRONMENTAL
The development of this PUD Master Development Plan shall be subject to and govemed
by the following conditions:
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and Collier County wetland rules.
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, Florida Statutes.
The petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife
Commission (FWC) regarding potential impacts to "listed species". Where
protected species are observed on site, a Habitat Management Plan for tho~e
protected species shall be submitted to Planning Services Staff for review and
approval prior to final site plan/construction plan approval.
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted to
Planning Services Staff for review and approval prior to final site plan/construction
plan approval. This plan shall include methods and time schbdules for the removal
of exotic vegetation within the conservation/preservation areas.
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5.9
5.10
5.11
Eo
The Preserve associated with the PUD's westerly boundary shall be no less than
116 feet in width.
ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure, except for a construction site office that may be
constructed prior to commencement of infrastructure construction.
SIGNS
Ail signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code, and the Activity Center #9 Interchange Master Plan.
LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the East Gateway PUD, except in preserve areas. The following standards shall
apply:
A. Landscape berms shall have the following maximum side slopes:
1) Grassed berms 3:1
2) Ground covered berms 3:1
3) Rip-Rap berms 1:1
4) Structural walled berms may be vertical.
B. Fencing materials shall be of either wood or masonry.
Fence or wall maximum height: 9 feet, as measured from the finished grade of the
ground at the base of the fence or wall. For the purpose of this provision, finished
grade shall be considered no greater than 18 inches above the crown elevation of
the nearest existing road, unless the fence or wall is constructed on a perimeter
landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height
from the top of berm elevation with an average side slope of greater than 4:1 (i.e.
3:1, 2:1, 1:1, or vertical).
Landscape buffering and/or berming shall be installed along the project's frontage
on 1-75.
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$.12
Eo
Pedestrian sidewalks, bike paths, water management facilities and structures may
be allowed in landscape buffer areas in accordance with Division 2.4 of the Land
Development Code.
A 25 foot wide "Type D" buffer, as set forth in Section 2.4.7.4. of the Land
Development Code, including a fence/wall, shall be installed parallel with, and
along the PUD's westerly boundary, south of the Preserve, extending south to the
PUD Property boundary.
LANDSCAPING FOR OFF-STREET PARKING AREAS
Except where provided for elsewhere in this document, all landscaping for off-street
parking areas shall be in accordance with Division 2.4 of the Collier County Land
Development Code, and the Activity Center #9 Interchange Master Plan.
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I ~t -
I
I
:
EXHIBIT "A"
~ST
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 copy of:
ORDINANCE NO. 2003-11
Which was adopted by the Board of County Commissioners on
the 25th day of February, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th day
of February, 2003.
DWIGHT E. BROCK .......
Clerk of
Ex-officio. $.9 Board.
County commlS~.~ers
Deputy