Agenda 06/25/2013 Item #17Dn
6/25/2013 17.D.
EXECUTIVE SUMMARY
Recommendation to consider a Resolution affirming that manufacturing of small arms and small
arms ammunition are comparable and compatible uses within the industrial development
designated areas of the White Lake Industrial Corporate Park Planned Unit Development as
authorized in Section 3.2.A.36) of Ordinance 01 -59 as amended. The subject property is located in
Section 35, Township 49 South, Range 26 East, Collier County, Florida. (ZLTR- PL20130000495)
OBJECTIVE: To have the Board of Zoning Appeals (BZA) affirm that the Manufacturing of
Small Arms Ammunition and Manufacturing of Small Arms are comparable and compatible uses
in the White Lake Industrial Corporate Park Planned Unit Development (PUD). Section 3.2.A.36
Permitted Uses of the PUD states that "any other use which is comparable in nature with the
foregoing land uses as determined by the Collier County Planning Services Director" is a
permitted use.
CONSIDERATIONS: The White Lake Industrial Corporate Park PUD permits various
manufacturing uses. Permitted uses within the PUD are referenced by a Standard Industrial
Classification (SIC) code. Section 3.2.A.36 of the PUD authorizes the Planning Services
Director to permit uses not specifically listed as a permitted use in the PUD, if the use is
comparable in nature with the other uses.
The PUD permits Major Group 34 — Fabricated Metal Products, but it excludes the Group -
Ordinance and Accessories and Miscellaneous Fabricated Metal Products. Staff believes that the
proposed uses of Manufacturing of Small Arms and Small Arms Ammunition, when done within
an enclosed building, are comparable in nature to the other uses in the PUD which include other
types of metal fabrication.
FISCAL IMPACT: The proposed land uses of small arms and ammunition manufacturing by
and of itself will have no fiscal impact on Collier County. There is also no guarantee that a small
arms and ammunition manufacturing facility will be established in the White Lake Industrial
Corporate Park PUD. In addition, if the use is approved; it will be located in an existing
approved development; therefore, the existing land will not result in major impact to Collier
County public facilities.
GROWTH MANAGEMENT EM PACT: There is no Growth Management Plan a impact
associated with this affirmation.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires an affirmative vote of four for Board approval. -HFAC
RECOMMENDATION: That the BZA adopt the attached Resolution affirming the use of
Manufacturing of Small Arms Ammunition and Manufacturing of Small Arms in the White Lake
Industrial Corporate Park PUD and authorize the Chairwoman to sign the Resolution.
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6/25/2013 17.D.
Prepared By: Fred Reischl, AICP, Senior Planner; Planning & Zoning Department
Attachments: 1) Zoning Verification Letter application and response
2) Owner Authorization
3) Ordinance 01 -59; White Lake Industrial Corporate Park PUD
4) Resolution
5) Legal ad
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6/25/2013 17.D.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.D.
Item Summary: Recommendation to consider a Resolution affirming that manufacturing
of small arms and small arms ammunition are comparable and compatible uses within the
industrial development designated areas of the White Lake Industrial Corporate Park Planned
Unit Development as authorized in Section 3.2.A.36) of Ordinance 01 -59 as amended. The
subject property is located in Section 35, Township 49 South, Range 26 East, Collier County,
Florida. (ZLTR- PL20130000495)
Meeting Date: 6/25/2013
Prepared By
Name: ReischlFred
Title: Sr. Planner, Land Development Services
5/24/2013 2:54:16 PM
Approved By
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 5/24/2013 3:41:53 PM
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 5/24/2013 4:53:24 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/31 /2013 3:16:57 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/31/2013 3:46:36 PM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 6/5/2013 11:28:17 AM
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Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/7/2013 4:16:35 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/12/2013 2:07:16 PM
Name: OchsLeo
Title: County Manager
Date: 6/14/2013 2:50:55 PM
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6/25/2013 17.D.
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COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
239) 252-2400 FAX (239) 252-6368
www.colliergov.net
6/25/2013 17.D.
ZONING VEF URIC AI—ION LEMER
APPLICATION
F7 Environalental issue
S8
;=XP-M13fion -Florida Wight to: Farm -Act (F , 3.14)
2
ZLTR-PL20130000495
3564 PLOVER AVE
PROJECT NUMBER DATE: 3/5/13
PROJECT NAME DUE: 4/5113
DATE PROCESSED
Please provide all of the information requested. See below for submittal requirements.
Please allow 30 days for processing.
APPUC ,AN—;'INFORMATION
Appilica.rit's NF
Firm
Address T
Citif
State Z 1p
-z
Phone 7 c5
Fax
17
SITE INFORMATION
Address
Folio Number 1n_2;_11
Prooerty Owners Name cc-i
Verificat,bon being requested (Please state specifically the questions you would like
answered, in the space below or on a separate attachment. The Zoning Verification Letter
will respond oniy to those questions):
LJ
3
P/P-alse _9ttaah 3ur,,ey or any other information which may be relevant to your request
8/30/2010
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6/25/2013 17.D.
cA%'r couxty
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252 -6358
www.collierciov.net
SUBMITTAL REQUIREMENTS
Application Fee: $100 (payable to the Board of County Commissioners)
NOTE: Additional Fees of $100 per hour will be charged as needed upon completion
of review and research. Payment of Additional Fees will be required prior to the
release of the verification.
0 AddiJonai copy of application and all attachments
The application can be delivered or mailed to: Growth Management
Division /Planning and Regulation, Attn: Business Center, 2800 North Horseshoe
Drive, Naples, Florida 34104.
Applicant Signature df � ' � Date
r
Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was
visible and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the
date the re?urt was preoxed. Code regulations could be subject to change. While every attempt has been made to
ensure the accuracy or completeness, and each subscriber to or user of this report understands that this department
disclaims any liability for any damages in connection with its use. In addition, this department assumes no responsibility for
the cost of correcting any unreported conditions.
'319110111TH
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May 1, 2013
Stephen M. Bender
Bender Shooting, LLC
37757 1h Avenue NW
Naples, FL 34120
Re: Zoning Verification Letter ZLTR- PL20130000495; White Lake Industrial Corporate Park
PUD, Collier County, Florida.
Dear Mr. Bender:
Thank you for your request for Zoning Verification. The subject property is zoned Planned Unit
Development (White Lake Industrial Corporate Park PUD), Ordinance No. 01 -59.
You requested verification of the SIC Codes 3482 and 3484 in the subject PUD.
As explained in the letter of March 28, 2013 to you and signed by Ray Bellows, Planning
Manager, these uses are not permitted in the PUD. However, Section 3.2.A.36 of the PUD
states that "any other use which is comparable in nature to the foregoing land uses as
determined by the Collier County Planning Services Director" may be considered a permitted
use.
SIC Code 3482 Manufacturing of Small Arms Ammunition and SIC Code 3484 Manufacturing of
Small Arms fall under Major Group 34 — Fabricated Metal Products, Except Machinery and
Transportation Equipment. The PUD permits this Major Group, but specifically excludes
Ordnance and Accessories and Miscellaneous Fabricated Metal Products.
Staff believes that the proposed uses of Manufacturing of Small Arms and Small Arms
Ammunition, when done within an enclosed building, are comparable in nature to the other uses
in the PUD which include other types of manufacturing
Staff's opinion, subject to affirmation by the BZA, is that the proposed uses of Manufacturing of
Small Arms and Small Arms Ammunition are comparable in nature to other manufacturing uses
when done within an enclosed structure in the PUD. Your request will be forwarded to the Board
of Zoning Appeals for affirmation of Staff's opinion. You will be apprised of the hearing date and
advertising fees as soon as possible. Please note that Staff's opinion is not binding on the BZA.
Please be advised that the information presented in this verification letter is based on the Collier
County Land Development Code (LDC) and Growth Management Plan in effect as of this date.
It is possible that subsequent amendments to either of these documents could affect the validity
of this verification letter. It is also possible that development of the subject property could be
affected by other issues not addressed in this letter, such as, but not limited to, concurrency
related to the provision of adequate public facilities, environmental impact, and other
requirements of the LDC or related ordinances.
el
Planning '& Zoning Department. 2800 North Hrwaa hna nrivo . n+2nl.c F1.34104 s 239-252-2400 • www.colliergov.net
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6/25/2013 17.D.
Should you require further information or have any questions, please do not hesitate to contact
meat (239) 252 -4211 or fredreischl @colliergov.net.
Researched and prepared by: Reviewed by:
dFrFr
ischl, AICP, Senior Planner Raym d V. Bellows, Zoning Manager
Planning & Zoning Planning & Zoning
cc: Annis Moxam, Addressing Section
Laurie Beard, Commitment Tracking
Packet Page -1530-
ZoninL, Services
March 28, 2013
Stephen M. Bender
Bender Shooting, LLC
3775 7t' Avenue Northwest
Naples, Florida 34120
c� � cou.Hty
Growth Management Division
Planning & Regulation
Department of Planning & Zoning
6/25/2013 17.D.
Re: Zoning Verification Letter ZLTR- PL20130000495; zoning verification for unimproved property
located at 3564 Plover Avenue, AKA: White Lake Corporate Park Phase Two, Lot 33; in Section 35,
Township 49 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio
Number: 81790002285.
Dear Mr. Bender:
This letter is in response to your Zoning Verification Letter Application (ZLTR) dated March 5, 2013, in
which you posed the following question: "Is zoning ok for SIC 3482 and SIC 3484 ?" Whereas the
subject property is located within an unincorporated portion of Collier County, and whereas The Zoning
Services Section of the Department of Planning and Zoning has jurisdiction over zoning and land use
issues, the County herewith informs you that neither of the aforementioned uses is permitted at the
specified location.
The current official zoning atlas, an element of the Collier County Land Development Code (LDC),
reveals the subject property has a zoning designation of Planned Unit Development (PUD); specifically,
the White Lake Industrial Corporate Park PUD, Ordinance 01 -59, as may have been amended, heard and
adopted by the Board of County Commissioners during regular session on October 23, 2001. As per the
PUD's Master Plan (geographically illustrated as Ordinance Exhibit A), the subject location is within
development Tract I. Permitted Principal and Accessory Uses within the Industrial Development Area
appear within Subsections 3.2.A and B, respectively. For the purpose of establishing permitted and
accessory uses, the LDC incorporates use of the Standard Industrial Classification Manual 1987, as
published by the Federal Government; additional information is available via the internet at
http: / /www.osha.gov /pis /imis /sic manual html. Being as the applicant provided specific SIC
classifications, in lieu of use descriptions, staff assumes the applicant to have knowledge of the SIC
classification system. With respect to the applicant's specific request, the most similar uses are found
within permitted use #12, which reads: "Fabricated metal products, except. machinery and transportation
equipment (Industru Numbers 3411 -3479 and 3499)." Industry Group 348, "Ordinance and Accessories,
Except Vehicles and Guided Missiles," is not included within the list of permitted uses and by
appearances has been specifically excluded. As such, neither SIC 3482 manufacturing - "Small Arms
Ammunition" nor SIC 3484 manufacturing - "Small Arms" are permitted at the subject location.
Please be advised that the information presented in this verification letter is based on the Collier County
LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s) to either of these documents could affect the validity of this verification letter. It is also
f
Department of Planning & Zoning • 2600 North Horseshoe Drive • NaDles. Fl- 34104 • 239 -252 -2400 • www.colliergov.net
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6/25/2013 17.D.
Zoning Verification Letter
ZLTR- PL20130000495
Page 2 of 2
possible that development of the subject property could be affected by other issues not addressed in this
letter, such as, but not limited to, concurrency related to the provision of adequate public facilities,
environmental impact, and other requirements of the Collier County LDC or related ordinances.
This letter represents a determination of Zoning Department staff. Should you disagree with this
determination, you may request an Official Interpretation by the Zoning Director of the provisions of the
Land Development Code pursuant to Sections 1.06.01.A and 10.02.02.F.1 of that Code. The fee for an
Official Interpretation is identified in the most recent CDES Fee Schedule Resolution as approved by the
Board of County Commissioners. To obtain copies of any document referenced herein, please contact
Ms. Maria Estrada — Operations Coordinator, at (239)252 -2989. The LDC may be viewed online at
www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be
viewed online via the Clerk of Courts website, www.collierclerk.com / Records Search / BMR Records /
Boards, Minutes, Records / BMR Validated Ordinances. Should you require additional information,
please do not hesitate to call our office at (239)252 -2400.
Researched and prepared by:
az
Jo A. Kelly, Planner
Department of Planning & Zoning
Zoning Services
Cc: ZLTR- PL20130000495 File
White Lake Industrial Corporate Park PUD File
GMD -Front Desk Planner
Reviewed by:
n
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Raymoo Bellows, Planning Manager
Department of Planning & Zoning
Zoning Services
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6/25/2013 17.D.
RE ZONING VERIFICATION LETTER
From: Stephen Bender [sbender @bendershooting.com]
Sent: Tuesday, May 14, 2013 2:43 PM
To: ReischlFred
Cc: BellowsRay
subject: RE: ZONING VERIFICATION LETTER
Mr. Reischl
Thank you. That greatly clarifies the situation for me.
"zed Holdings, LLC - since you are a principal, an email stating that you are
an officer of the company and you are authorized to confirm that zed Holdings
wishes this zoning action to proceed."
I, Stephen M Bender, as manager of ZED Holdings, LLC authorize the
zoning action to proceed for 3564 Plover Ave Naples, FL "34117 in accordance
with ZLTR- PL20130000495.
I have spoken to Larry Gode and will forward you his authorization as soon as
I receive it. when you have the total for the advertising please let me know
and I will get it paid ASAP. If anything else comes up that requires my
attention please let me know. Thanks.
Steve Bender
Everglades Ammo
sbender @bendershooting.com
Fax: 239.455.2483
-- original Message---- -
From: ReischlFred [ mailto :FredReischl @colliergov.net]
sent: Tuesday, May 14, 2013 2:15 PM
To: Stephen Bender
Cc: BellowsRay
subject: RE: ZONING VERIFICATION LETTER
My Executive Summaryy is due to the first reviewer (Ray) on the 24th, with
subsequent reviews by the County Attorney, Director and Administrator. The
draft ad is due to the Clerk on the 29th, with the ad running in the Daily
News on June 5th.
The County Attorney needs written confirmation from the property owners that
they wishes to proceed with these zoning actions.
zed Holdings, LLC —since you are a principal, an email stating that you are
an officer of the company and you are authorized to confirm that zed Holdings
wishes this zoning action to proceed.
Grand Cypress Communities, Inc. - an email from Larry Gode, as an officer of
the company, authorizing the zoning action to proceed.
unless we get an objection, these petitions will be on the Summary Agenda.
These items are routinely approved a few minutes after 9AM. If your item is
pulled off the Summary Agenda for some reason, it will be heard after IPM. My
suggestion would be to watch the BCC meeting at 9AM (check your TV listings or
go to colliergov.net and click on Collier TV). If the summary Agenda is
approved with your items,, you are good to go. If one or both are pulled,
please be at the BCC meeng (Government Center, us 41 & Airport Road) at 1PM.
If approved, you will get a copy of the Resolution a few days later.
Thanks -
Fred
Page 1
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6/25/2013 17.D.
Rb*",B g ORDINANCE NO.01- 59
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91 -102, THE COLLIER COUNTY LAND
a DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBERED 96355 BY
CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS WHITE LAKE INDUSTRIAL
CORPORATE PARK PUD, FOR PROPERTY
LOCATED NORTHEAST OF AND ADJACENT TO
THE INTERSECTION I -75 AND COLLIER
BOULEVARD (C.R. 951), IN SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 144.4+
ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 93 -01, THE FORMER WHITE
LAKE INDUSTRIAL PARK PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, RWA, Inc., representing William T. Higgs, petitioned the Board F& County
Commissioners to change the zoning classification of the herein described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD,; COUNTY
ern a,
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 35, Township
49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as Exhibit "A ", which is
incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered
9635S, as described in Ordinance Number 91 -102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 93 -01, known as the White Lake Industrial Park PUD, adopted on January
5, 1993 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
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6/25/2013 17.D.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
I
Florida, this , da y of ���? �, 2001.
Ts, Clerk
- `llttett:!! hairnan's
Approved as to Form and
Legal Sufficiency
Tna Marj�ie M. Student
Assistant County Attorney
G: /sdmin/PUD- 92 -08(1 yCB /cw
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
C • BY:
J S D. CARTER, Ph.D., CHAIRMAN
—9—
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This ordinance filed with the
Secretary of State's Office the
42ttday of T-01-1, xdV
and acknowledgement of that
fill received this —day
of - , —1--
By Dawn c
?0-*N
6/25/2013 17.D.
WHITE LAKE CORPORATE PARK
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING WHITE LAKE CORPORATE PARK,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
WILLIAM T. HIGGS
2666 AIRPORT ROAD SOUTH
NAPLES, FLORIDA 34112
PREPARED BY:
RWA, INC.
3050 NORTH HORSESHOE DRIVE
SUITE 270
NAPLES, FLORIDA 34104
DATE REVIEWED BY CCPC
9/7/01
DATE APPROVED BY BCC
/s /
ORDINANCE NUMBER
2— /_S9
AMENDMENTS AND REPEAL
PJ-0/
Exhibit "A"
rr4 m"wimft*s nWr ter® uer .ouaD— w—
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TABLE OF CONTENTS
List of Exhibits and Tables
6/25/2013 17.D.
8
Statement of Compliance
ii
Section I Legal Description, Property Ownership and General Description 1 -1
Section II Project Development
II -1
Section III Industrial Development Standards M -1
Section N Commercial Area Development Standards
• N -1
Section V Development Commitments
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V -1
6/25/2013 17.D.
LIST OF EXHIBITS AND TABLES
EXHIBIT A PUD MASTER PLAN
TABLE I PROJECT LAND USE TRACTS
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STATEMENT OF COMPLIANCE
The development of approximately 144.4 acres of property in Collier County as a Planned Unit
Development to be known as White Lake Corporate Park is in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan. The
facilities and improvements within the White Lake Corporate Park PUD will be 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:
1. The subject property proposed for development is within the Interchange Activity Center
Subdistrict, and the Industrial District 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.
2. 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.
3. Development of the White Lake Corporate Park PUD shall be consistent with the Activity
Center #9 Interchange Master Plan.
4. The subject property is located in the northeast quadrant of the I -75 /Collier Boulevard
Interchange. This strategic location allows the site superior access for the placement of
commercial and industrial/business park activities.
5. The project is a mixed -use development located within a designated Activity Center,
therefore, the proposed commercial, and industrial park land uses are consistent with the
Future Land Use Element of the Collier County Growth Management Plan.
6. The development will be compatible with and complementary to existing and planned
surrounding land uses.
7. The development of the White Lake Corporate Park PUD will result in an efficient and
economical extension of community facilities and services as required in Policies 3.I.14
and L of the Future Land Use Element.
8. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
9. The White Lake Corporate Park 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.
10. All final Development Orders within the White Lake Corporate Park PUD are subject to
the Collier County Concurrency Management System, as implemented by the Adequate
Public Facilities Ordinance.
ii
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
6/25/2013 17.D.
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 White Lake Corporate Park PUD.
1.2 LEGAL DESCRIPTION
Description of the South %z of Section 35 lying North and East of I -75 Right -of -Way and
bounded on the East by monumented and occupied line.
All that part of Section 35, Township 49 South, Range 26 East, Collier County, Florida and
being described as follows:
Commencing at the West '/4 Section comer of said Section 35; thence along the East and
West '/4 Section line of said Section 35, North 89 °- 00 -01" East 401.67 feet to the Easterly
Right -of -Way line of I -75 and the POINT OF BEGINNING of the parcel herein described;
thence along the Right -of -Way line of said I -75 the following seven (7) courses:
(1) South 43 °- 47' -54" East 222.17 feet;
(2) South 46 °- 47' -05" East 308.10 feet;
(3) Southeasterly 1047.59 feet along the are of a circular curve concave
/1 to the northeast, having a radius of 2700.79 feet and being subtended
by a chord which bears South 57 °- 53' -50" East 1041.03 feet;
(4) South 69 °- 00 -33" East 516.30 feet;
(5) South 73 °- 00' -33" East 2839.52 feet,
(6) Southeasterly 411.28 feet along the arc of a circular curve concave to
the Northeast, having a radius of 1492.89 feet and being subtended
by a chord which bears south 30 °- 54' -53" East 409.98 feet to a point
of reverse curvature;
(7) Easterly 22.49 feet along the are of a circular curve concave to the
South, having a radius of 1562.89 feet and being subtended by a
chord which bears South 88 °- 22' -53" East 22.49 feet to the East line
of said Section 35;
Thence leaving said I -75 Right -of -Way continue along said East line of Section 35,
North 1 °- 57' -08" West 2089.96 feet to the East %. section comer of said Section 35;
Thence along the East and West '/, Section line of said Section 35, South 89 ° -00'-
00" West 4814.62 feet to the Point of Beginning of the parcel herein described;
subject to a Florida Power and Light Company easement as recorded in O.R. Book
681, pages 1214 -1215, Collier County, Florida; also subject to other easements and
restrictions or record; containing 144.4 acres of land more or less.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the unified ownership of William T. Higgs, 2666
Airport Road South, Naples, Florida 34112.
I -1
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1.4 PHYSICAL DESCRIPTION
A. This project is located Northeast of and adjacent to the intersection of Interstate I -75
and County Road 951 in the South % of Section 35, Township 49 South, Range 26
East, Collier County, Florida.
B. The zoning classification of the subject property is Planned Unit Development (PUD).
C. The project site is within the South Florida Water Management District, Main Golden
Gate Basin.
D. Water management facilities for the proposed project are planned to be of the lake
detention type.
E. Elevations within the project site range from 8.2 to 12.9 feet above mean sea level.
Most of the area, however, falls within the 9.5 to 12.0 feet of elevation category.
F. The site is located in Flood Zone X according to FIRM Map, panel 425 of 1125, Collier
County, Florida.
G. The soil types on the subject property include Pineda fine sand, limestone substratum
(approximately 13 %) and Boca fine sand (approximately 55 %). The remainder of the
site (approximately 32 %) consists of a lake. Soil characteristics were derived from the
Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture
(Soil Conservation Service) in March, 1954.
H. The property was historically utilized as an earth mining operation. Presently, the
property is being developed in accordance with Section 3.2 and Section 4.2 of the
former White Lake Corporate Park PUD.
1.5 PROJECT DESCRIPTION
The White Lake Corporate Park PUD shall be a mixed -use development, with a small
commercial development opportunity located west of the FP &L easement on the White
Lake Boulevard frontage, and the industrial development opportunity will remain over the
balance of the PUD property. The commercial component of the development is limited to
96,165 square feet of gross leasable floor area, and will be located on a 7.85± 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, and banks. The industrial/office park development is limited only
by the land area available on the east side of the FP &L easement
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "White Lake Corporate Park Planned Unit
Development Ordinance ".
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
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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 White Lake Corporate Park PUD development, as well as other
project relationships.
2.2 GENERAL
A. Regulations for development of the White Lake Corporate Park PUD shall be in
accordance with the contents of this document, PUD- Planned Unit Development
District and other. applicable sections and parts 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.
B. 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.
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of the White Lake Corporate Park PUD shall become part of the
regulations that govern the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD, the provisions of other sections
of the band Development Code, where applicable, remain in full force and effect
with respect to the development of the land that comprises this PUD.
E. 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.
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. 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 will be
two land use tracts, portions of which may include water management lakes or
facilities, and private street rights -of -way, the general configuration of which is also
illustrated by Exhibit "A ".
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TABLEI
PROJECT LAND USE TRACTS
TYPE ACREAGE±
TRACT "I" INDUSTRIAL 136.5
TRACT "C" COMMERCIAL 7.8
B. 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.
C. 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 DEVELOPMENT SCHEDULE
The intent of the Developer is to proceed with and complete the subdivision process for the
final phase of development and to construct the infrastructure improvement as soon as all
necessary permits are received. Individual lots will then be sold to prospective end -users
for development. Build -out is estimated to occur in the year 2002.
2.5 OPEN SPACE
A minimum of thirty percent (30 %) of the project's gross area shall be devoted to open
space in accordance with the Section 2.6.32.3. of the Collier County Land Development
Code. This requirement shall not apply to individual development parcels.
Of the project's total 144.4± acres, the following acreages represent 38% of the total site,
all contributing to open space.
- Lake: 36.6± Ac.
- Wetland Conservation Area: 9.3± Ac.
- Native Landscaping: 6.9± Ac.
- FPL Easement: 3.0± Ac.
2.6 PROJECT PLAN APPROVAL REQUIREMENTS
A. 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.
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B. 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.
C. 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.
D. The development of any tract or parcel approved for commercial or industrial
development contemplating fee simple ownership of land for each commercial or
industrial 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.
E. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
2.7 LAKE SETBACK AND EXCAVATIONS
Should lakes be excavated, the lake setback requirements described in Section 3.5.7.1 of
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 White Lake Corporate Park PUD shall be limited to an amount up to ten percent (10 %)
(to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial
excavation permit is received.
2.8 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.
2.9 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 5.3.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.
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2.10 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 White Lake Corporate Park 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 White Lake Corporate Park 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.
2.11 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
White Lake Corporate Park 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.
D. Soil erosion control shall be provided in accordance with Division 33 of the Land
Development Code.
E. Fill storage shall not be permitted in Preserve Areas.
2.12 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the White Lake Corporate Park 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.
2.13 NATIVE VEGETATION RETENTION REQUIREMENTS
White Lake Corporate Park PUD will be consistent with Policy 6.4.6 of the Conservation
and Coastal Management Element of the Collier County Growth Management Plan, by
adhering to the provisions of Section 3.9.5.5.3 of the Collier County Land Development
Code.
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2.14 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 Plaza, 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 White Lake Corporate Park
PUD District on the Official Zoning Map will be governed by the adopted development
regulations, PUD Master Plan, and all applicable provisions of the Collier County Land
Development Code.
2.15 ARCHITECTURAL DESIGN GUIDELINES AND STANDARDS
Commercial land uses shall comply with the provisions of Section 2.8.3. of the Land
Development Code. Land uses proposed adjacent to the White Lake Boulevard Right -of-
Way, visible from the I -75 travel lanes, shall comply with the applicable architectural
design guidelines set forth in Division 2.8 of the Land Development Code, and may request
alternative architectural design standards as provided in, and in accordance with, the
provisions of Section 2.8.2.5 of the Land Development Code. Alternative standards shall
be evaluated for their consistency with the purpose and intent of the Activity Center #9
Interchange Master Plan. The purpose of the architectural guidelines and standards is to
provide a pleasing visual experience from the I -75 corridor in an effort to create a gateway
into Naples and Collier County, thereby advancing the purpose of the Activity Center #9
Interchange Master Plan. At such time as Collier County adopts design standards for the
Activity Center #9 Interchange Master Plan, those standards shall apply to this PUD.
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SECTION III ��
INDUSTRIAL DEVELOPMENT AREA
3.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "I ", Industrial Development Area on Exhibit "A ", PUD Master Plan.
3.2 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) Agricultural related services (Industry Numbers 0711 -0724, 0761, 0782, and
0783);
2) Apparel and other finished products as defined under Major Group 23;
3) Automotive repair, services, and parking as defined in Major Group 75;
4) Building construction as defined under Major Group 15;
5) Business services (Industry Numbers 7312, 7313, 7319, 7334 -7336, and
7342 -7389 );
6) Communications as defined under Major Group 48;
7) Construction — special trade contractors as defined under Major Group 17;
8) Eating and drinking places (Industry Number 5812);
9) Educational services (Industry Numbers 8243 - 8249);
10) Electronic and other electrical equipment and components, except computer
equipment as defined under Major Group 36;
11) Engineering, accounting, research, management, and related services
(Industry Numbers 8711- 8733);
12) Fabricated metal products, except machinery and transportation equipment
(Industry Numbers 3411 -3479, and 3499);
13) Food and kindred products (Industry Numbers 2011- 2099). Slaughtering
Plants of any kind are prohibited;
14) Furniture and fixtures as defined under Major Group 25;
15) Heavy construction other than building construction - contractors as defined
under Major Group 16;
I1I -2 1^
Reference Executive Office of tare President, office of Management and Budget
Man utl, 1987 Edition. Standard Industrial Classtf[ cation
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16) Industrial and commercial machinery and computer equipment as defined
under Major Group 35;
17) Leather and leather products (Industry Numbers 3131- 3199);
18) Local, and suburban transit and interurban highway passenger transportation
as defined under Major Group 41;
19) Lumber and wood products (Industry Numbers 2426, 2431 - 2499);
20) Measuring, analyzing, and controlling instruments; photographic, medical
and optical goods; watches and clocks as defined under Major Group 38;
21) Membership organizations (Industry Numbers 8611 and 8631);
22) Miscellaneous manufacturing industries as defined under Major Group 39;
23) Miscellaneous repair services (Industry Number 7692);
24) Motor freight transportation and warehousing (Industry Numbers 4212 -
4226);
25) Paper and allied products (Industry Numbers 2652- 2679);
26) Personal services (Industry Number 7219);
27) Printing, publishing, and allied industries as defined under Major Group 27;
28) Rubber and miscellaneous plastics (Industry Numbers 3021- 3089);
29) Stone, glass, and concrete products (Industry Numbers 3211, 3251 -3273,
and 3281);
30) Textile mill products (Industry Numbers 2211, 2221, 2241, 2251 -2259, and
2273 - 2299);
31) Transportation equipment (Industry Numbers 3714, 3716, 3728, 3732,
3751, 3769, 3792, and 3799);
32) Transportation services (Industry Numbers 4731, and 4783 );
33) United States Postal Service as defined under Major Group 43;
34) Wholesale trade - durable goods (Industry Numbers 5012 -5014, 5021 -5049,
5063 -5088, 5091, 5092 and 5094);
35) Wholesale trade - nondurable goods (Industry Numbers 5111 -5159, 5181,
5182, and 5199);
36) Any other use which is comparable in nature to the foregoing land uses as
determined by the Collier County Planning Services Director.
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B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1) Parking facilities;
2) Customary accessory and incidental uses and structures associated with
permitted principal uses of this PUD;
3) Retail sales and/or display areas as' accessory to the principal use, not to
exceed an area greater than twenty percent (20 %) of the gross floor area of
the permitted principal use and subject to retail standards for landscaping,
parking and open space.
3.3 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Front yard setbacks shall be measured from back of curb or edge of
pavement, whichever is closer to the structure.
B. MINIMUM LOT AREA: 20,000 square feet.
C. AVERAGE LOT WIDTH: 100 feet.
D. MINIMUM YARDS:
1) Front Yard: 50 feet;
2) Side Yard: 20 feet;
3) Rear Yard: 15 feet;
4) Waterfront: 25 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: Placement of structures
shall be in compliance with NFPA standards for fire safety, with no less than 10
feet of separation.
F. MAXIMUM HEIGHT: 50 feet.
G. NII)VIMUM FLOOR AREA: 1,000 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 of manufactured products, raw or finished materials, or vehicles
other than passenger vehicles is permitted in this PUD subject to the provision of
screening with a fence at least 7 feet in height above ground level from all adjacent
or abutting residentially zoned or developed land. Said fence or wall shall be
opaque in design, and made of masonry, wood, or other materials approved by the
Collier County Planning Services Director.
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SECTION ry
COMMERCIAL DEVELOPMENT AREA
4.1 PURPOSE
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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.
4.2 MAXIMUM COMMERCIAL SQUARE FEET
The 7.85± acre Commercial Development Area (Tract "C), shall not be developed with
more than 96,165 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.
4.3 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) Apparel and accessory stores as defined under Major Group 56;
2) Automotive dealers and gasoline service stations (Industry Numbers 5 53 1,
and 5541);
3) Building materials, hardware, and garden supply (Industry Numbers 5211-
5261);
4) Business services (Industry Numbers 7311, 7334, and 7371);
5) Carwashes (Industry Number 7542);
6) Eating and drinking places as defined under Major Group 58;
7) Engineering, accounting, research, and management (Numbers 8711 with no
outside equipment storage, 8712 with no outside equipment storage, 8721,
8732, 8742, 8743, and 8748);
8) Finance, insurance, and real estate as defined under Major Groups 60, 61,
62, 63, 64, 65, and 67;
9) Food stores as defined under Major Group 54;
10) General merchandise stores as defined under Major Group 53;
11) Government offices as defined under Major Group 91;
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1 Reference Executive Office of the President, Office of Management and Budget, Standard industrial Classification
Manual, 1987 Edition.
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12) Home furniture, furnishings, and equipment stores as defined under Major
Group 57;
13) Hotels or motels (Industry Number 7011). No more than 150 rooms shall
be permitted;
14) Legal services as defined under Major Group 81;
15) Miscellaneous retail as defined under Major Group 59, not including
Industry Numbers 5932, 5961, 5983 =5989, and not including the retail sale
of fireworks;
16) Motion pictures as defined under Major Group 78;
17) Personal services (Industry Numbers 7211, 7215, 7216 except rug cleaning,
7221 -7291, and 7299, 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).
B. Accessory Uses
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
1) Parking facilities;
2) One caretaker's residence.
4.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Front yard setbacks shall be measured from back of curb or edge of
pavement, whichever is closer to the structure.
B. MINIMUM LOT AREA: 10,000 square feet.
C. AVERAGE LOT WIDTH: 100 feet.
D. MINIMUM YARDS (INTERNAL):
1) Front Yard: 25 feet, or one -half of the building height as measured from each
exterior wall, whichever is greater;
2) Side Yard: 10 feet;
3) Rear Yard: One -half of the building height;
4) Parcels with two frontages may reduce one front yard by 10 feet.
E. MINIMUM DISTANCE BETWEEN STRUCTURES: Placement of structures
shall be in compliance with NFPA standards for fire safety, with no less than 10
feet of separation.
F. MAXIMUM HEIGHT: 50 feet.
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G. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first
finished floor.
H. MAXIMUM GROSS LEASABLE FLOOR AREA: 96,165 square feet.
I. 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.
J. OUTSIDE STORAGE AND DISPLAY:
Outside storage and display is prohibited in Tract C as depicted on Exhibit "A ",
PUD Master Plan, with the exception of garden centers.
K. CARETAKER'S RESIDENCE:
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 that 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 approval. 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 PURPOSE
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The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 GENERAL
All facilities shall be constructed in strict 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 rioted or stated otherwise, the standards
and specifications of the Land Development Code, 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.
5.3 PUD MASTER DEVELOPMENT PLAN
A. Exhibit "A ", PUD Master Plari 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.
B. 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.
C. The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the
White Lake Corporate Park PUD Master Plan upon written request of the
developer.
1) The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County Growth Management Plan and the White Lake Corporate Park
PUD document.
b. 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.
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c. 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 5.3.C.1) of this document:
a. 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.
b. Reconfiguration of lakes, or other water management facilities where
such changes are consistent with the criteria of the South Florida Water
Management District and Collier County.
c. Internal realignment of vehicular circulation patterns.
3) Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
ordinances and regulations prior to the Administrator's consideration for
approval.
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's, 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
A. This PUD is subject to the Sunset Provisions of Section 2.73.4 of the band
Development Code.
B. 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:
A. The developer shall maintain joint/shared access with the adjacent property
(Citygate PUD), via White Lake Boulevard.
B. The petitioner shall provide left turn lanes and arterial level street lighting at all
project entrances, if deemed warranted by Collier County. The turn lanes and
arterial level street lighting shall be provided when requested by the County.
C. The petitioner shall be responsible for a fair share contribution of the site related
roadway improvements at the Collier Boulevard/White Lake Boulevard
intersection, which has been determined to be $118,850.00, and shall be paid to
Collier County on or before October 1, 2001.
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5.6 ENGINEERING
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading site drainage and utility plans shall be submitted to
Engineering Review Services for review. No construction permits shall be issued
unless and until approval of the proposed construction with the submitted plans is
granted by Engineering Review Services.
B. The internal right -of -way cross - section shall be in accordance with the typical
section depicted on Exhibit "A ", PUD Master Plan.
C. Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code.
D. Work within Collier County right -of -way shall meet the requirements of Collier
County Right -Of -Way Ordinance 82 -91.
E. The project shall be platted in accordance with the Collier County Land
Development Code to define the right -of -way, tracts, and easements as shown on
the Master Plan.
5.7 WATER MANAGEMENT
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. A copy of the South Florida Water Management District (SFWMD) Surface Water
Permit Application shall be sent to Cclliz;r County Development Services with the
Subdivision Plat and Construction Plan and/or SDP submittal. A copy of the
approval of this SFWMD Surface Water Permit shall be submitted prior to Site
Development Plan approval.
B. All requirements of Excavation Permit No. 59.133 shall be complied with. If an
annual report is not filed, the excavation permit will be considered void in
accordance with the Land Development Code and a complete resubmission will be
necessary.
5.8 UTILITIES
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment 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 ' Couaty rules and regulations.
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B. The on -site water distribution system to serve the project must be connected to the
District's water main consistent with the main sizing requirements specified in the
County's Water Master Plan and extended throughout the project. During design of
these facilities, the following features shall be incorporated into the distribution
system:
1. Dead -end mains shall be eliminated by looping the internal pipeline network;
2. Stubs for future system interconnection with adjacent properties shall be
provided to the east property line of th.- project, at locations to be mutually
agreed to by the County and the Developer during the design phase of the
project;
2. The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing into the County's sewerage system is
transmitted by one (1) main on -site pump station. The developer's engineer
shall meet with the County staff prior to commencing preparation of
construction drawings, so that all aspects of the sewerage system design can be
coordinated with the County's Sewer Master Pian;
3. The existing off -site water facilities of the District must be evaluated for
hydraulic capacity to serve this project and reinforced as required, if necessary,
consistent with the County's Water Master Plan to insure that the District's
water system can hydraulically provide a sufficient quantity of water to meet the
anticipated demands for the project, and the District's existing committed
capacity.
5.9 ENVIRONMENTAL
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A Wetland preserve%onservation areas shall be surveyed prior to construction
plan/plat approval. A conservation easement similar to or as per Chapter 704.06
Florida Statutes shall be created and indicated on the plat, and shall be recorded in
the Public Records of Collier County.
B. All State and Federal permits that may affect the design of this project shall be
submitted to Engineering Review Services prior to final subdivision plat approval.
C. The use of native species in landscape plans shall be in accordance with Section
2.4.4.1 of the Collier County Land Development Code.
D. Prohibited exotic vegetation removal shall be performed in accordance with Section
3.9.6.6 of the Collier County Land Development Code.
E. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course
of site clearing, excavation or other construction activity a historic 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.
F. The mitigation plan for the preserve and buffer areas is provided in the
Environmental Impact Statement.
V-4
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6/25/2013 17.D.
G. The PUD Master Plan provides 4.9 acres of conservation area on -site. An
additional 6.9 acres of native landscaping will be planted on site, and 0.3 acres of
littoral vegetation will be restored along the entire lake bank where it abuts the
conservation area. Mitigation planting within conservation areas, buffers and lake
littoral zones shall be completed prior to preliminary acceptance of the next phase
of the development.
5.10 ACCESSORY STRUCTURES
Accessory structures shall 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.
5.11 SIGNS
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code, and the Activity Center #9 Interchange Master Plan.
5.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the White Lake Corporate Park 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, masonry or similar material, except an
eight (8) foot high unified, opaque, modular concrete fence /wall shall be
constructed along White Lake Boulevard associated with Tract "I". A type "D"
landscape buffer shall be placed along the street side of said fence/wall. The
fence/wall shall be located a minimum of five (5) feet from the White Lake
Boulevard right -of -way. Construction of the fence/wall shall occur prior to or
concurrently with building construction on each parcel.
D. 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).
D. 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.
5.13 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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6/25/2013 17.D.
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. 2001 -59
Which was adopted by the Board of County Commissioners on
the 23rd day of October, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board,
2 _t L. n�
County Commissioners of Collier County, Florida, this f d
,,
of October, 2001.
oM w
DWIGHT E. BROCK,," L
Clerk of Court: e.`•�'�1iir•.L]k
Ex- officio to';'B
County Commi .Ss�ners
By : Teri
Deputy Clerk"I
Packet Page -1561-
6/25/2013 17.D.
RESOLUTION NO. 13-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF ^
COLLIER COUNTY, FLORIDA AFFIRMING THAT
MANUFACTURING OF SMALL ARMS AND SMALL ARMS
AMMUNITION ARE COMPARABLE AND COMPATIBLE USES
WITHIN THE INDUSTRIAL DEVELOPMENT DESIGNATED
AREAS OF THE WHITE LAKE INDUSTRIAL CORPORATE PARK
PLANNED UNIT DEVELOPMENT AS AUTHORIZED IN SECTION
3.2.A.36) OF ORDINANCE 01 -59 AS AMENDED. THE SUBJECT
PROPERTY IS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH,
.RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (Z L T R-
PL20130000495)
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 0441, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development (PUD); and
WHEREAS, on October 23, 2001 by Ordinance 01 -59, the Board of County Commissioners of
Collier County approved a Planned Unit Development (PUD) known as the White Lake Industrial ^
Corporate Park Planned Unit Development for the subject property; and
WHEREAS, Section 3.2 of the White Lake Industrial Corporate Park Planned Unit
Development, provides for certain permitted uses, including Subsection 3.2.A.36), "any other use
which is comparable in nature to the foregoing uses as determined by the Collier County Planning
Services Director' and
WHEREAS, the Petitioner, Stephen N. Bender of Bender Shooting, LLC, requested a
determination as to the property described in Exhibit "A" that manufacturing of small arms and small
arms ammunition are comparable and compatible uses to the permitted uses of the industrial
development area of the PUD; and
WHEREAS, the Zoning Manager (successor to the Collier County Planning Services Director)
determined that " manufacturing of small arms and small arms ammunition" are permitted uses in the PUD by
Zoning Verification letter dated May 1, 2013, attached as Exhibit`B' ; and
V41EREAS, staff requests an affrmWon of the Zoning Manager's determination by the Board of
Zoning Appeals that manufacturing of small amts and small arias ammunition are comparable and
compatible uses within the mdustrial development designated area of the White Lake Industrial ,Corporate
Park PUD according to Section 3.2.A.36) of the`PUD; and
White Lake Industrial Corporate Park 1 of 2
ZLTR -PL20 i 30000495 - 5/09/13
Packet Page -1562-
6/25/2013 17.D.
WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by the
Land Development Code, and has held a public hearing with due notice made, and all interested
parties have been given opportunity to be heard by this Board in public meeting assembled, and
the Board having considered granting the request by Stephen N. Bender of Bender Shooting,
LLC, as stated herein.
• Igo •' i • •• C I i•''/ • • I ''• •
The Zoning Verification letter dated May 1, 2013 is affum4- and manu%cwring of small arms and
small arms ammunition are comparable and compatible uses within the industrial development designated
area of the White Lake Industrial Corporate Park PUD according to Section 3.2.A.36) of the PUD
provided the uses are within an enclosed building.
Board. BE IT FURTHER RESOLVED that this - Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote, this day of
, 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
LIN
Deputy Clerk
Approved as to form and legal sufficiency:
Heidi Ashton -Cicko \7r
Managing Assistant County Attorney
Attachments: Exhibit A -Legal Description
Exhibit B — Zoning Verification Letter
13- CPS - 01222\6
White Lake industrial Corporate Park 2 of 2
ZLTR- PL20130000495 - 5/09/13
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
t:
GEORGIA A. HILLER, ESQ.
Chairwoman
Packet Page -1563-
INSTR 4783185 OR 4872 PG 2110 RECORDED 1/3/2013 3:15 PM PAGES 3 6/25/2013 17.D.
2ONSE. BROCK, CLERK OF THE( ;UIT COURT, COLLIER COUNTY FLORIDA
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STATE OF j SPECIAL WARRAN M DEED
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TMS INDFATURE, made this Deomber A .2012, between Fifth Tbird sank s farfgrr profit corpmdjM wbm mailing
address ir.10975 E Mace Suite 200, Leawood. K--- 66211. "try ofsbe that par; sad ZED HoldiaS LLC, a Florida Umlud
Liability CorParsy,whose rwllingaddmm is: 31137th AW N%V, Nspiea. Florida 34120: WWptatim of ibe second part,
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Vim party, for and in wosidentimrofthe sutra of TEN AND NO4100 DOLLARS (510:00) and ad= valuable c000Weratmms,
receipt wbecof ls hereby acknowledged. does bereby grant, bartoic, an, slimst rehises, mkucs, conveys and confuses hoto second
pattylparces ,bkn=hheu heirs and sssVuw the following deccribedproposry.towit:
condominium Units 101 through i A CONDOMM M,
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of Condominitnu thereof cial iteoord Book 3 , as amended
from time to time, of the ti of Collier County, Fl
Soblect.boar=,toall ores, and to all applicable zoning
ordinances --Vmd restrictions and
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will defend ibe saint sgaiost the c P
INWrFNES3 WHEREOF, has sfgnedsodnested ere the and fast 21.2012.
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Packet Page -1564-
Planning & Zoning Department
May 1, 2013
Stephen M.Bender
Bender Shooting, LLC
37757mAvanwaNVV
Nap}as, FL 34120
6/2512013 17_D.
Re: Zoning Vehfoetion LetterZlTR-PL2D13OOOD485; VVhbo Lake Industrial Corporate Park
PUD, Collier County, Florida.
Dear Mr. Bender:
Thank you for your request for Zoning Verification. The subject property lm zoned Planned Unit
Development (White Lake Industrial Corporate Park PUD), Ordinance No. 01-59.
You requested verification of the SIC Codes 3482 and 3#34in the subject PUD.
As explained in the letter of March 28.3O13bz you and signed by Ray Bellows, Planning
Mamager, these uses are not permitted in the PUD. Hovvever, Section 3.2j�38 of the PUO
ototma that "any other use which is comparable in nature to the foregoing land uses as
^~~�
determined by the Collier County Planning Services Director" may be considered pennh1wd
use.
SIC Code 3482 Manufacturing of Small Arms Ammunition and SIC Code 3484 Manufacturing of
Small Arms fall under Major 'Group 34— Fabricated Metal Products, Except Machinery and
Transportation Equipment. The PUD permits this Major Group, but specifically excludes
Ordnance and Accessories and Miscellaneous Fabricated Metal Products.
Staff believes that the proposed uses of Manufacturing of Small Arms and Small Arms
Ammunition, when done within an enclosed building, are comparable hn nature 10 the other uses
in the PUD which include other types of manufacturing
'
Staff s opinion, subject to affirmation by the BZA, is that the proposed uses of Manufacturing of
Small Arms and Small Arms Ammunition are comparable in nature to other manufacturing uses
when done within an enclosed structure in the PLYD. Your request will be forwarded ho the Board
pf Zoning Appeals for affirmation o[ Staffs opinion. You will be apprised of the hearing date and
advertising fees ao soon as possible. Please note that Staffs opinion io not binding onthe BZy\.
'
Please be advised that the information presented in this verification letter io based onthe Collier
`
County Land Development 'CoceA-DC%'`andGnowth' Plan in effect .amof this date.
|tia' possible that subsequent amendments to either mf these documents could affect the validity
of this verification letter. It is also possible that development ,ofthe subject property could be
edfeobyd by other issues not addressed in this letter, such ma, but not limited bo, conourrenny
related to the provision of adequate public faciliUas, environmental innpoct, and other
'requirements ofthe LDCor related ordinances.
_
Planning uZoning Departrnent aowoo North Horseshoe Drive =Naples, FL 34104°
' ._ ,
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6/25/2013 17.D.
Should you require further information or have any questions, please do not hesitate to contact
meat (239) 252 -4211 orfredreischl@colliergov.net.
Researched and prepared by: Reviewed by:
Fred RZischl, AICP, Senior Planner Raym d V. Bellows, Zoning Manager`"
Planning & Zoning Planning & Zoning
cc: Annis Moxam, Addressing Section
Laurie Beard, Commitment Tracking
/-, -I i
Extfsil * B
page _a_ of.� �
Packet Page -1566-
6/25/2013 17.D.
24D a Wednesday, June 5, 2013 A N A P L E S DA I LY 'NEW S
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, June 2S, 2013, in the Board of County Com-
missioners meeting room, Third Floor, Collier Government Center, 3299 East Tamia-
mi Trail, Naples FL., the Board of Zoning Appeals (BZA) will consider the enactment
of a Resolution. The meeting will commence at 9:00 A.M. The title of the proposed
Resolution is as follows:
A RESOLUTION Of THE BOARD OF ZONING APPEALS OF COWER COUNTY,
FLORIDA, AFFIRMING THAT MANUFACTURING OF SMALL ARMS AND SMALL ARMS
AMMUNITION ARE COMPARABLE AND COMPATIBLE USES WITHIN THE INDUSTRI-
A L
DEVELOPMENT DESIGNATED AREAS OF THE WHITE LAKE INDUSTRIAL CORPORATE
PARK PLANNED UNIT DEVELOPMENT AS AUTHORIZED IN SECTION 3.2.A.36) OF
ORDINANCE 01 -59 AS AMENDED. THE SUBJECT PROPERTY IS LOCATED IN SECTION
35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(ZLTR- PL20130000495)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on an agenda item must register with the
County manager prior to presentation of y the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on an item. .
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate. County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a ver-
batim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to par=
tiapate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at.3335 Tamiami Trail East, Suite #101, Naples, FL 34112 -5356, (239)
252.8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
Byy: Martha Vergara, Deputy Clerk
Packet Page -1567-