Ordinance 2018-44 ORDINANCE NO. 18- 44
AN ORDINANCE AMENDING ORDINANCE NO. 2008-28, AS
AMENDED, THE ESPERANZA PLACE RPUD, TO REDUCE THE
MAXIMUM NUMBER OF RESIDENTIAL DWELLING UNITS,
FROM 262 TO 159 UNITS, TO ALLOW A MAXIMUM OF 45
GROUP HOUSING UNITS, TO ADD SINGLE FAMILY DWELLING
UNITS, CHILD DAY CARE SERVICES, AND GROUP HOUSING AS
PERMITTED USES IN TRACT A, TO ADD NEW DEVELOPMENT
STANDARDS FOR GROUP HOUSING, TO ADD A NEW
DEVIATION RELATING TO FENCE AND WALL STANDARDS, TO
AMEND A DEVELOPER COMMITMENT RELATING TO
AFFORDABLE HOUSING, AND TO AMEND THE MASTER PLAN.
THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE
OF IMMOKALEE DRIVE, APPROXIMATELY ONE QUARTER
MILE EAST OF CARSON ROAD IN IMMOKALEE, IN SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 31.6± ACRES; AND BY PROVIDING
AN EFFECTIVE DATE. [PL20170001326].
WHEREAS, on June 10, 2008, the Board of County Commissioners approved Ordinance
Number 08-28, the Esperanza Place RPUD ("PUD"); and
WHEREAS, D. Wayne Arnold of Q. Grady Minor & Associates, representing
Brookwood Residential, LLC,petitioned the Board of County Commissioners to amend the PUD
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to the PUD Document of Ordinance No. 2008-28, as
amended
The PUD Document attached to Ordinance No. 2008-28, as amended, is hereby amended
to read as follows:
See Exhibit"A," attached hereto and incorporated herein by reference.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
[17-CPS-01729/1429675/1]
1 of 2
8/22/18
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ,4J' .day of Stp-f-., o,C , 2018.
ATTEST: ^a BOARD OF C' • TY COMMI ONERS
CRYSTAL IE..triln ,4 LERK COLLIER P 1 ' , FLO' i • /.
By: OULU '-4' i .( By: i
Attest a° .' r ^S r`. Andy Solis, Chairman
pp -. Vont'►' d legality:
lirk Li eo fa />j
Scott A. Stone
Assistant County Attorney
Attachments: Exhibit A—PUD Document
This ordinance filed with the
rotry of tot 's Office the S
day of I
and acknowledgeme � o_tf
Pili re eive• this �'1U day
of ` .914' I.
By (_.. # ` 0
*6- ' 'IkS - -tt
w vt -G_s1 , ss
[17-CPS-01729/1429675/1]
2 of 2
8/22/18
O
Exhibit A
Esperanza Place Residential Planned Unit Development
Exhibit A
The Esperanza Place RPUD is a total of 31.63 +/- acres that will be developed with up to 262-159
residential dwelling units and up to 45 group housing units. This amounts to a gross density of
8,2-g5.03+/-units per acre. The base density is 4 units per acre and the affordable housing density
bonus is used to make up the difference.
I. Tract A:
Tract A of the Esperanza Place RPUD is approximately 15.83+ acres, which are to be
developed with up to 4-76-96 dwelling units and related accessory uses.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
1. Principal Uses
a. Multi-family dwelling units;
a,b.Single family dwelling units;
b c.Zero-lot line units, including townhomes;
d. Community center;
e7e.Child day care services
f. Group Housing, including care units and transitional and emergency shelters not
to exceed a maximum of 45 units (located only within areas designated R/GH on
the PUD Master Plan).
4-g.Any other use that is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA) according to
the process described in the Land Development Code (LDC).
2. Accessory Uses
a. Garages;
b. Carports;
c. Recreation facilities, including but not limited to, swimming pools, tennis courts,
playground equipment or other amenity;
d. Essential services, in accordance with Section 2.01.03 of the LDC;
e. Any other use that is comparable in nature with the foregoing list of permitted
uses, as determined by the BZA according to the process described in the LDC.
B. Development Standards
Table 1 and Table 1.1, contained in Exhibit B, set forth the development standards for land
uses within Tract A of the Esperanza Place RPUD. Standards not specifically set forth
Words underlined are additions;words:9true-lc-dough are deletions
Esperanza Place RPUD Revised 08/16/2018
Page l of 11 0
herein shall be those specified in applicable sections of the LDC in effect as of the date of
the date of approval of the site development plan (SDP) or subdivision plat.
II. Tract B:
Tract B of the Esperanza Place RPUD is approximately 13.8+ acres, which are to be
developed with up to 85 62 dwelling units and related accessory uses.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
1. Principal Uses
a. Single-family, detached dwelling units;
b. Single-family, attached dwelling units;
c. Any other use that is comparable in nature with the foregoing list of permitted
principal uses, as determined by the BZA according to the process described in
the LDC.
2. Accessory Uses
a. Garages;
b. Carports;
c. Essential services, in accordance with Section 2.01.03 of the LDC;
d. Community clubhouse;
e. Recreation facilities, including but not limited to, swimming pools, tennis courts,
playground equipment or other amenity;
f. Any other use that is comparable in nature with the foregoing list of permitted
uses, as determined by the BZA according to the process described in the LDC.
B. Development Standards
Table 1 and Table 1.1, contained in Exhibit B, set forth the development standards for land
uses within Tract B of the Esperanza Place RPUD. Standards not specifically set forth
herein shall be those specified in applicable sections of the LDC in effect as of the date of
the date of approval of the SDP or subdivision plat.
III. Tract C
Tract C of the Esperanza Place RPUD is approximately 2.0+ acres, which are to be
developed with up to 1 single-family dwelling unit and related accessory uses.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
Words underlined are additions;words are deletions
Esperanza Place RPUD Revised 08/16/2018
Page 2of11
1. Principal Uses
a. Single-family dwelling units
2. Accessory Uses
a. Garages;
b. Carports;
c. Storage sheds;
d. Recreation facilities, including but not limited to, swimming pools, tennis courts,
playground equipment or other amenity;
e. Essential services, in accordance with Section 2.01.03 of the LDC;
f. Any other use that is comparable in nature with the foregoing list of permitted
uses, as determined by the BZA according to the process described in the LDC.
B. Development Standards
Table 1 and Table 1.1, contained in Exhibit B, set forth the development standards for land
uses within Tract C of the Esperanza Place RPUD. Standards not specifically set forth
herein shall be those specified in applicable sections of the LDC in effect as of the date of
the date of approval of the SDP or subdivision plat.
Words underlined are additions;words s through are deletions
Esperanza Place RPUD Revised 08/16/2018
Page 3 of 11
Exhibit B
Development of the Esperanza Place RPUD shall be in accordance with the contents of this
Ordinance and applicable sections of the LDC and Growth Management Plan(GMP) in effect at
the time of issuance of any development order, such as, but not limited to, final subdivision plat,
final site development plan, excavation permit and preliminary work authorization, to which
such regulations relate. Where these regulations fail to provide developmental standards, then
the provisions of the most similar district in the LDC shall apply.
Table 1 —Principal Structures
Tracts A, B & C Development Standards
SINGLE- ZERO-LOT GROUP CHILD DAY
SINGLE- FAMILY LINE HOUSING CARE/
DEVELOPMENT COMMUNITY
FAMILY, ATTACHED MULTI- TOWNHOMES
STANDARDS DETACHEDAND FAMILY (TRACT A CENTER/
DUPLEX ONLY) RECREATION
BUILDINGS
PRINCIPAL
STRUCTURES ; viti
Minimum Lot 5,000 s.f. per 3,500 s.f. per n/a 1,200 s.f. per One Acre n/a
Area unit unit unit
Minimum Lot 50 feet 35 feet n/a 15 feet n/a n/a
Width
Minimum Floor 1,000 s.f. 750 s.f. 750 s.f. 750 s.f. n/a n/a
Area
Minimum
Setbacks:
Front(see Note 2) 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet
Side 7.5 feet 0 feet and 6 10 feet 0 feet or 6 feet 5 feet 10 feet
feet
Rear 15 feet 15 feet 15 feet 15 feet 10 feet 15 feet
Minimum Greater
Distance Between 15 feet 12 feet than 20 12 feet 0 feet 10 feet
Structures feet
Maximum 35 feet 35 feet 45 feet 45 feet 35 feet 45 feet
"Zoned" Height
Maximum 40 feet 40 feet 50 feet 50 feet 40 feet 50 feet
"Actual" Height
1) Principal structures located on corner lots may reduce one of the two front setbacks by 50 percent. The
remaining setback must meet the full front setback standard.
2) Driveways shall be a minimum of 23 feet in length from the sidewalk to the garage door or façade of the
structure to allow vehicles room to park without obstructing the sidewalk.
Words underlined are additions;words struck-through are deletions
Esperanza Place RPUD Revised 08/16/2018
Page 4 of 11
it
Table 1.1 —Accessory Structures
Tracts A, B & C Development Standards
SINGLE- ZERO-LOT `
SINGLE- FAMILY LINE HCS
DEVELOPMENT FAMILY, ATTACHED MULTI- TOWNHOMES COMMUNITY
STANDARDS FAMILY CENTER/
DETACHED AND (TRACT A RECREATION
DUPLEX ONLY) BUILDINGS
ACCESSORY
STRUCTURES I
_
Minimum
Setbacks:
Front(see Note 1) 20 feet 20 feet 20 feet 20 feet 15 feet 10 feet
Side 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet
Rear 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet
Maximum 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet
"Zoned" Height
Maximum 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet
"Actual" Height
1) Driveways shall be a minimum of 23 feet in length from the sidewalk to the garage door or facade of the
structure to allow vehicles room to park without obstructing the sidewalk.
Words underlined are additions;words struck--through are deletions
Esperanza Place RPUD Revised 08/16/2018
Page 5 of 11el
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Exhibit D
Legal Description
PARCEL 1
OR 4242 PG 2471
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 264.70 FEET OF THE EAST 1058.10 FEET OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4, OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA,LESS THE SOUTH 30.00 FEET THEREOF FOR ROAD RIGHT-OF-WAY.
CONTAINING 7.90 ACRES, PLUS OR MINUS.
TOGETHER WITH
PARCEL 2
OR 4242 PG 2470
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH,RANGE 29 EAST,
COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32,TOWNSHIP 46 SOUTH,
RANGE 29 EAST,ALL LYING AND BEING IN COLLIER COUNTY, FLORIDA, LESS AND
EXCEPT THE EAST 1,058.80 FEET THEROFTHEREOF AND THE SOUTH 30.00 FEET FOR ROAD
RIGHT OF WAY, CONTAINING 7.92 ACRES,MORE OR LESS.
TOGETHER WITH
PARCEL 3
OR 1596 PG 43
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 264.70 FEET OF THE EAST 794.10 FEET OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4, OF SECTION 32,TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY,FLORIDA, LESS THE SOUTH 30.00 FEET THEREOF FOR ROAD RIGHT-OF-WAY.
CONTAINING 7.90 ACRES, PLUS OR MINUS.
TOGETHER WITH
PARCEL 4
OR 1007 PG 1558
THE WEST 264.70'OF THE EAST 529.40'OF THE SE 1/4 OF THE SW 1/4 OF SECTION 32,
TOWNSHIP 46 SOUTH,RANGE 29 EAST ALL LYING AND BEING IN COLLIER COUNTY,
FLORIDA, LESS THE SOUTH 30.00'FOR ROAD R/W,CONTAINING 7.90 ACRES, MORE OR
LESS.
BEING MORE PARTICULARLY DESCRIBED AS:
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH,RANGE 29 EAST,
COLLIER COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Words underlined are additions;words struck-through are deletions
Esperanza Place RPUD Revised 08/16/2018
Page 7 of 11
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE
29 EAST THENCE RUN NORTH 89°15'36" EAST ALONG THE SOUTH LINE OF SAID SECTION
32,ALSO BEING THE CENTERLINE OF IMMOKALEE ROAD (60'RIGHT-OF-WAY),FOR A
DISTANCE OF 1323.92 FEET; THENCE RUN NORTH 00°44'24" WEST FOR A DISTANCE OF
30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,
THE SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE
DRIVE; THENCE RUN NORTH 00°51'21" WEST ALONG THE WEST LINE OF THE SOUTHEAST
1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32,FOR A DISTANCE OF 1,299.83 FEET;
THENCE RUN NORTH 89°16'27" EAST, FOR A DISTANCE OF 1,060.74 FEET; THENCE RUN
SOUTH 00°47'35" EAST,FOR A DISTANCE OF 1299.57 FEET TO A POINT ON THE SAID
NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE DRIVE; THENCE RUN SOUTH 89°15'35"
WEST ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1059.31 FEET TO THE POINT
OF BEGINNING,CONTAINING 31.63 ACRES, MORE OR LESS.
Words underlined are additions;words struck ough are deletions
Esperanza Place RPUD Revised 08/16/2018
Page 8 of 11
Exhibit E
Deviations from the Land Development Code
1. A deviation from Section 5.05.08 of the LDC which requires non-residential components
of any PUD to meet architectural design standards to allow the non-residential component
of Tract A to be exempt from these standards.
2. A deviation from Section 3.05.07 of the LDC which requires on-site preservation of 25
percent of the native vegetation on the site to allow off-site preservation or payment toward
the Conservation Collier Trust Fund, in accordance with Commitment III.B, described in
Exhibit F of this RPUD.
273. A deviation from Section 5.03.02.C.1.a, Fences and Walls, which requires residential
zoning districts and designated residential components of PUDs shall be subject to a
maximum fence or wall height of 6 feet for lots greater than 1 acre, to allow a perimeter
wall height to be a maximum of 8 feet for the group housing use on Tract A.
Words underlined are additions;words struckrough are deletions
Esperanza Place RPUD Revised 08/16/2018
Page 9 of 11 •
Exhibit F
List of Developer Commitments
I. Affordable Housing:
A. As documented in the Affordable Housing Density Bonus Agreement, the developers have
agreed to construct 69-10 owner occupied dwelling units for residents in or below the
workforce income category(61 80 percent of County median income) and 176 rental units for
residents in or below the very low income category(51 60 50 percent or less of County median
income)and 36 rental units for residents in the low income category(51 —60 percent of County
median income).
II. Transportation:
A. If any entrance is to be gated, the face of said gate shall be located to maintain no less than a
100-foot throat length to the northerly edge of the pavement at its intersection with Immokalee
Drive.
B. The developers shall pay a proportionate fair share contribution toward the cost of
construction of improvements to the intersection of S.R. 29 and Lake Trafford Road. This
contribution shall be made prior to the approval of the first site development plan(SDP)or
plans and plat (PPL), whichever occurs first.
C. Because the developers anticipate using public funding to construct internal roads, they
shall have the option of turning roads built in accordance with County construction
standards for local roads over to the County for maintenance.
D. The project shall be limited to a maximum of 168 unadjusted PM peak hour two-way trips,
based on the use codes in the ITE Manual on trip generation rates in effect at the time of
application for SDP/SDPA or subdivision plat approval.
III. Environmental:
A. A Florida Black Bear Management Plan shall be provided to the County Manager,or designee,
during SDP or plat review process.
B. At the time of original PUD approval, 4the site currently contains contained 1.265± acres of
native vegetation(0.52+/-acres of upland and 0.73±acres of wetland native vegetation onsite);
a minimum of 25 percent, 0.321 acres, must be preserved. For the 0.13 acre portion of the
upland vegetation, the applicant will donate an equivalent off-site preserve to be accepted by
a public agency or contribute a monetary payment to Conservation Collier equivalent to the
average per-acre value found in an appraisal of the entire site, multiplied by the number of
acres to be preserved off-site,plus 15 percent of that amount as an endowment for management
Words underlined are additions;words struck through are deletions
Esperanza Place RPUD Revised 08/16/2018
Page 10 of 11
of off-site land. The appraisal shall be based on the fair market value of the land as if the
desired zoning were in place. Twenty-five percent of the 0.73 acre (0.18 acres)wetland native
vegetation will be preserved and appropriately managed off-site at an approved mitigation
bank. All preservation must be accomplished prior to SDP/PPL approval. This off-site
preservation may be utilized as part of the required off-site mitigation requirement of the
Environment Resource Permit.
C. The subject property was used for agricultural purposes and incurred clearing for which no
permit can be located. In order for the clearing activities to be considered legal and re-
creation of the removed vegetation not be required, an after-the-fact permit will be issued
for the clearing of approximately 23.6 acres prior to approval for the SDP or PPL for
relevant acreage.No after-the-fact clearing fee will be assessed against the developers. The
regular clearing fee shall apply.
IV. PUD Monitoring:
A. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until
close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this PUD approval, the Managing
Entity is Brookwood Residential, LLC. Should the Managing Entity desire to transfer the
monitoring and commitments to a successor entity, then it must provide a copy of a legally
binding document that needs to be approved for legal sufficiency by the County Attorney.
After such approval, the Managing Entity will be released of its obligations upon written
approval of the transfer by County staff, and the successor entity shall become the
Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall
provide written notice to County that includes an acknowledgement of the commitments
required by the PUD by the new owner and the new owner's agreement to comply with the
Commitments through the Managing Entity,but the Managing Entity shall not be relieved
of its responsibility under this Section. When the PUD is closed-out, then the Managing
Entity is no longer responsible for the monitoring and fulfillment of PUD commitments.
V. Miscellaneous
A. Issuance of a development pen-nit by a county does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the county for issuance of the permit if the applicant fails to
obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. (Section 125.022, FS)
B. All other applicable state or federal permits must be obtained before commencement of the
development.
Words underlined are additions;words struck through are deletions
Esperanza Place RPUD Revised 08/16/2018
Page 11 of 11
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Wednesday, September 26, 2018 10:39 AM
To: 'countyordinances@dos.myflorida.com'
Subject: CLL20180926_Ordinance2018_44
Attachments: CLL20180926_Ordinance2018_44.pdf
COUNTY: CLL (COLLIER)
ORDINANCE NUMBER: 2018-44
SENT 13Y: Collier Couvtty Clerk of the Circuit Court
Board Mivtutes & Records Department
SENDER'S PHONE: 23 9-252-8406
Thank you.
Am/. Jevtvtejohvt, Deputy Clerk
Board Mivtutes & Records Departvvtevtt
Collier Couvtty Value Adjustmevtt 13oard
23 9-252-8406
1
till St-
k* tit
kPx C
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 26, 2018
Ms. Crystal K. Kinzel, Interim Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 18-44,which was filed in this office on September 26,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us