Ordinance 2018-59 ORDINANCE NO. 18- 59
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY FLORIDA, TO ADOPT AN AMENDMENT
TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN
RELATING TO AFFORDABLE HOUSING, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT TO UPDATE
TERMINOLOGY AND TO REVISE THE DENSITY RATING
SYSTEM TO INCREASE THE MAXIMUM AFFORDABLE
HOUSING BONUS FROM 8 TO 12 UNITS; DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. [PL20180001205]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, staff has prepared an amendment to the Future Land Use Element of the
Growth Management Plan; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review on July 20, 2018, after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendment to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendment to the Growth Management Plan; and
[18-CMP-01010/1443889/1] 146 Page 1
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WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment and
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on October 18, 2018, and the Collier
County Board of County Commissioners held on December 11, 2018; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE FUTURE LAND USE
ELEMENT OF THE GROWTH MANAGEMENT PLAN
The amendment to the Future Land Use Element of the Growth Management Plan,
attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted in
accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida
Department of Economic Opportunity.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
[18-CMP-01010/1443889/1] 146 Page 2
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this / `day of I)L(L,v , 2018.
ATTEST: BOARD OF 'UNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER ' • Y, FLO
BY: •
Anes#a5lud t�It�d k 1 NDY SOLIS, Chairman
.,,,K• STIaltir only.
Approved as to form and legality:
0(4 A L � ���
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Future Land Use Element
This ordinance filed with the
Se r tary of State's Office the
/ day of � ttg aC,f g
ocknowledgernentoff that
fl lir t received this ______ y
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[18-CMP-01010/1443889/1] 146 Page 3
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Exhibit A
FUTURE LAND USE ELEMENT
(Adopted October 1997, amended through December 12, 2017 by Ordinance no. 2017-48)
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
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I. URBAN DESIGNATION
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A. Urban Mixed Use District [pg. 27]
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2. Urban Residential Fringe Subdistrict [pg. 28]
The purpose of this Subdistrict is to provide transitional densities between the Urban Designated
Area and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the
Urban Mixed Use District. Residential land uses may be allowed at a maximum base density of
1.5 units per gross acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6)
b.1., and either "a" or"b" below.
Within the Urban Residential Fringe, rezone requests are not subject to the density rating system,
except as specifically provided below for the Affordable Housing Density Bonus. All
rezones are encouraged to be in the form of a planned unit development.
*** *** *** *** *** *** *** *** *** *** ***
[pg. 29]
b. In the case of properties specifically identified below, a density bonus of up to six (61,0
additional units per gross acre may be requested for projects providing affordable-
werit#efse housing (home ownership only) for low and moderate income residents of
Collier County, pursuant to Section 2.06.00 of the Land Development Code, or its
successor ordinance, except as provided for below:
*** *** *** *** *** *** *** *** *** *** ***
3. Urban Coastal Fringe Subdistrict [pg. 30]
The purpose of this Subdistrict is to provide transitional densities between the Conservation
designated area (primarily located to the south of the Subdistrict) and the remainder of the Urban
designated area (primarily located to the north of the Subdistrict). The Subdistrict comprises
those Urban areas south of US 41, generally east of the City of Naples, and generally west of the
Rural Fringe Mixed Use District Neutral Lands, but excludes Section 13, Township 51 South,
Range 26 East, and comprises approximately 11,354 acres and 10% of the Urban Mixed Use
District. The entire Subdistrict is located seaward of the Coastal High Hazard Area Boundary. In
order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive
Conservation designated area, residential densities within the Subdistrict shall not exceed a
maximum of four (41 dwelling units per acre, except as allowed in the Density Rating System to
exceed four (41 units per acre through provision of Affordable Housing and Transfers of
Development Rights, and except as allowed by certain FLUE Policies under Objective 5, and
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except as provided in the Bayshore Gateway Triangle Redevelopment Overlay. New rezones to
permit mobile home development within this Subdistrict are prohibited. Rezones are
recommended to be in the form of a Planned Unit Development.
*** *** *** *** *** *** *** *** *** *** ***
10. Henderson Creek Mixed Use Subdistrict [pg. 37]
The Henderson Creek Mixed Use Subdistrict consists of approximately 81 acres and is located
east of Collier Boulevard (SR 951) and south of US 41 (Tamiami Trail, East). The intent of the
Subdistrict is primarily to provide for a mixture of regional commercial uses and residential
development; the regional commercial uses are intended to serve the South Naples and Royal
Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of
the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of
the residential component of the Subdistrict shall be the provision of affordable-workforce housing
to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal
Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be
developed under a unified plan; this unified plan must be in the form of a Planned Unit
Development.
*** *** *** *** *** *** *** *** *** *** ***
[pg. 38]
I. Residential development shall be limited to a maximum of 360 dwelling units, subject to
the Density Rating System. However, a minimum of 200 affordable workforce housing
units shall be provided.
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11. Research and Technology Park Subdistrict [pg. 38]
a. Research and Technology Parks shall be permitted to include up to 20% of the total
acreage for non-target industry uses of the type identified in paragraph "d" below; and, up
to 20% of the total acreage for affordable workforce housing, except as provided in
paragraph j below. Similarly, up to 20% of the total building square footage, exclusive of
square footage for residential development, may contain non-target industry uses of the
type identified in Paragraph d below.
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[pg. 39]
j. Research and Technology Parks shall only be allowed on land abutting residentially
zoned property if the Park provides affordable workforce housing. When abutting
residentially zoned land, up to 40% of the Park's total acreage may be devoted to
affordable workforce housing; all, or a portion, of the affordable workforce housing is
encouraged to be located proximate to such abutting land where feasible.
k. Whenever affordable-workforce housing is provided, it shall be fully integrated with other
compatible uses in the park through mixed use buildings and/or through pedestrian and
vehicular interconnections.
I. Whenever affordable workforce housing is provided, it is allowed at a density consistent
with the Density Rating System.
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13. Commercial Mixed Use Subdistrict: [pg.41]
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3. Residential density is calculated based upon the gross commercial project acreage. For
property in the Urban Residential Fringe Subdistrict, density shall be as limited by that
Subdistrict. For property not within the Urban Residential Fringe Subdistrict, but within the
Coastal High Hazard Area, density shall be limited to four (4) dwelling units per acre;
density in excess of three (3) dwelling units per acre must be comprised of affordable-
workfsfse housing in accordance with Section 2.06.00 of the Land Development Code,
Ordinance No. 04-41, as amended. For property not within the Urban Residential Fringe
Subdistrict and not within the Coastal High Hazard Area, density shall be limited to sixteen
(16) dwelling units per acre; density in excess of three (3) dwelling units per acre and up
to eleven (11) dwelling units per acre must be comprised of affordable-war-14erce housing
in accordance with Section 2.06.00 of the Land Development Code, Ordinance No. 04-
41, as amended.
*** *** *** *** *** *** *** *** *** *** ***
16. Collier Boulevard Community Facility Subdistrict [pg.44]
The Collier Boulevard Community Facility Subdistrict comprises approximately 69 acres and is
located on the east side of Collier Boulevard, approximately one-half mile north of the Collier
Boulevard/Rattlesnake Hammock Road intersection. The purpose of this Subdistrict is to provide
community facility uses, primarily institutional uses and other non-commercial uses generally
serving the public at large, and residential uses, both affordable-workforce and market rate
housing—all in a setting to be compatible with surrounding land uses. The Subdistrict is intended
to contain a mix of uses and services in a self-sufficient environment, which lessens traffic impacts
upon the external transportation network and public services, while serving the needs of the
community at large.
*** *** *** *** *** *** *** *** *** *** ***
[pg. 45]
f. One hundred forty-seven of the 296 affordable-war-49f% and market rate housing units,
as they become available, will be offered first to persons involved in providing essential
services in Collier County, as defined in the County's Local Housing Assistance Plan.
g. To achieve the density of approximately 4.28 dwelling units per acre, and to allow
development of the 192 non-church-related, non-base density dwelling units, the project
shall comply with one or more of the following:
1) The Affordable Housing Density Bonus provisions of the Collier County
Land Development Code, Ordinance Number 04-41 in effect as of the date of adoption
of this Subdistrict; or,
2) be designated as a Community Workforce Housing Innovation Program (CWHIP)
Project by the State of Florida and comply with all requirements and limitations of that
designation, and provide a minimum of eighty (80) essential services personnel
dwelling units — comprised of a minimum of ten (10) dwelling units for those earning
less than 80% of the median income of Collier County, and a minimum of seventy(70)
dwelling units for those earning between 80% and 140% of the median income of
Collier County; or,
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3) enter into an agreement with Collier County assuring that no fewer than 147
affordable-workforce and market rate housing units are constructed and, as they
become available, will be offered first to persons involved in providing essential
services in Collier County, such agreement being in effect for not less than fifteen (15)
years, including a minimum of thirty-five (35) dwelling units for those earning no more
than 150 140% of the median income of Collier County, and a minimum of twenty-five
(25) dwelling units for those earning no more than 80% of the median income.
h. No more than 57 market rate dwelling units shall be constructed prior to the construction
of all affordable-workforce housing dwelling units.
*** *** *** ** *** *** *** *** *** *** ***
B. DENSITY RATING SYSTEM: [pg. 48]
/120.9071, F.S. To encourage the provision of affordable workforce housing within certain
Districts and Subdistricts in the Urban Designated Area, a maximum of up to eight(8)twelve (12)
residential units per gross acre may be added to the base density if the project meets the
requirements of the Affordable-Workforce Housing Density Bonus Ordinance (Section 2.06.00 of
the Land Development Code, Ordinance No. 04-41, as amended, adopted June 22, 2004 and
effective October 18, 2004), and if the affordable-workforce housing units are targeted for families
earning no greater than 150 140% of the median income for Collier County. In the Urban Coastal
Fringe Subdistrict, projects utilizing the Affordable workforce Housing Density Bonus must
provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as
applicable, of the Conservation and Coastal Management Element. Also, for those specific
properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed
but only to a maximum of six (61 residential units per gross acre. Additionally, the Affordable-
werkf4rce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as
provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section
2.06.00 of the Land Development Code.
1. The Density Rating System is applied in the following manner:
*** *** *** *** *** *** *** *** *** *** ***
[pg. 48]
b. Within the Urban Residential Fringe Subdistrict, the Density Rating System is
applicable for the Affordable Workforce Housing Density Bonus only, as specifically
provided for in that Subdistrict.
c. Within the Rural Lands Stewardship Area Overlay (RLSA), the Density Rating System
is applicable for the Affordable Workforce Housing Density Bonus only, as specifically
provided for in the RLSA for Stewardship Receiving Areas.
*** *** *** *** *** *** *** *** *** *** ***
2. Density Bonuses [pg.49]
*** *** *** *** *** *** *** *** *** *** ***
c. Affordable-Workforce Housing Bonus: [pg.49]
As used in this density bonus provision, the term "affordable" shall be as defined in
Chapter 420.9071, F.S. To encourage the provision of affordable-war-44r-Ge housing
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within certain Districts and Subdistricts in the Urban Designated Area, a maximum of
up to eight (8) twelve (12) residential units per gross acre may be added to the base
density if the project meets the requirements of the Affordable-War-We-Fee Housing
Density Bonus Ordinance(Section 2.06.00 of the Land Development Code, Ordinance
No. 04-41, as amended, adopted June 22, 2001 and effective October 18, 2004), and
if the affordable-we-4*ge housing units are targeted for families earning no greater
than 150 140% of the median income for Collier County. In the Urban Coastal Fringe
Subdistrict, projects utilizing the Affordable-workforce Housing Density Bonus must
provide appropriate mitigation consistent with Objective 12.1 and subsequent policies,
as applicable, of the Conservation and Coastal Management Element. Also, for those
specific properties identified within the Urban Residential Fringe Subdistrict, this
density bonus is allowed but only to a maximum of six (61 residential units per gross
acre. Additionally, the Affordable-workforce Housing Density Bonus may be utilized
within the Agricultural/Rural designation, as provided for in the Rural Lands
Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 of the Land
Development Code.
*** *** *** *** *** *** *** *** *** *** ***
C. Urban Commercial District [pg. 54]
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1. Mixed Use Activity Center Subdistrict
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[pg. 55]
For residential-only development, if a project is located within the boundaries of a Mixed Use
Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal
Fringe Subdistrict, up to sixteen (161 residential units per gross acre may be permitted. If
such a project is located within the boundaries of a Mixed Use Activity Center which is within
the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four (41 dwelling
units per acre, except as allowed by the density rating system Density Rating System and the
Bayshore/Gateway Triangle Redevelopment Overlay. If such a project is located within the
boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe
Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential-only
project located partially within and partially outside of an Activity Center, the density
accumulated from the Activity Center portion of the project may be distributed throughout the
project.
*** *** *** *** *** *** *** *** *** *** ***
II. AGRICULTURAL/RURAL DESIGNATION
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B. Rural Fringe Mixed Use District
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3. Rural Villages:
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C) Rural Village Sizes and Density:
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3. Density shall be achieved as follows: [pg. 86]
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c) Additional density between the minimum and maximum amounts
established herein may be achieved through any of the following, either
individually or in combination:
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3) A one-half (0.51 unit bonus for each 11). unit that is provided for lower
low income residents - 'e - -- _ _ _ _. - .
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G) As part of the development of Rural Village provisions, ...the following shall be
addressed:
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[pg. 89]
2 Specific allocations for land uses including residential, commercial and other
non-residential uses within Rural Villages, shall include, but are not limited to:
• A mixture of housing types, including single-family attached and detached,
as well as multi-family. Projects providing affordable-workforce housing as
required in the Rural Fringe Mixed Use Overlay contained in the Collier
County Land Development Code shall receive a credit of one-half (0.51
units for each unit constructed. Collier County shall develop, as part of
the Rural Village Overlay, a methodology for determining the rental and fee-
simple market rates that will qualify for such a credit, and a system for
tracking such credits.
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V. OVERLAYS AND SPECIAL FEATURES
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D. Rural Lands Stewardship Area Overlay
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Group 1 [Policies]— General purpose and structure of the Collier County Rural Lands
Stewardship Area Overlay
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Policy 1.15: [pg. 119]
Land becomes designated as an SRA upon the adoption of a resolution by the Collier
County Board of County Commissioners (BCC) approving the petition by the property
owner seeking such designation. Any change in the residential density or non-residential
intensity of land use on a parcel of land located within a SRA shall be specified in the
resolution reflecting the total number of transferable Credits assigned to the parcel of land.
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Density and intensity within the RLSA or within an SRA shall not be increased beyond the
Baseline Standards except through the provisions of the Stewardship Credit System, the
Affordable-Workforce Housing Density Bonus as referenced in the Density Rating System
of the FLUE, and the density and intensity blending provision of the Immokalee Area
Master Plan.
*** *** *** *** *** *** *** *** *** *** ***
Group 4—Policies to enable conversion of rural lands to other uses in appropriate locations,while
discouraging urban sprawl, and encouraging development that utilizes creative land use planning
techniques by the establishment of Stewardship Receiving Areas.
*** *** *** *** *** *** *** *** *** *** ***
Policy 4.7: [pg. 127]
There are four specific forms of SRA permitted within the Overlay. These are Towns,
Villages, Hamlets, and Compact Rural Development (CRD). The Characteristics of
Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally
described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more
specific regulations, guidelines and standards within the LDC Stewardship District to guide
the design and development of SRAs to include innovative planning and development
strategies as set forth in Section 163.3168(2), Florida Statutes. The size and base density
of each form shall be consistent with the standards set forth on Attachment C. The
maximum base residential density as set forth in Attachment C may only be exceeded
through the density blending process as set forth in density and intensity blending
provision of the Immokalee Area Master Plan or through the affordable-wefkferse housing
density bonus as referenced in the Density Rating System of the Future Land Use
Element. The base residential density is calculated by dividing the total number of
residential units in a SRA by the overall area therein. The base residential density does
not restrict net residential density of parcels within a SRA. The location, size and density
of each SRA will be determined on an individual basis during the SRA designation review
and approval process.
*** *** *** *** *** *** *** *** *** *** ***
Policy 4.18: [pg. 132]
The SRA will be planned and designed to be fiscally neutral or positive to Collier County
at the horizon year based on a public facilities impact assessment, as identified in LDC
4.08.07.K. The BCC may grant exceptions to this Policy to accommodate affordable-
workforce housing, as it deems appropriate. Techniques that may promote fiscal neutrality
such as Community Development Districts, and other special districts, shall be
encouraged. At a minimum, the assessment shall consider the following public facilities
and services: transportation, potable water, wastewater, irrigation water, stormwater
management, solid waste, parks, law enforcement, and schools. Development phasing,
developer contributions and mitigation, and other public/private partnerships shall address
any potential adverse impacts to adopted levels of service standards.
*** *** *** *** *** *** *** *** *** *** ***
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F. Bayshore/Gateway Triangle Redevelopment Overlay
The Bayshore/Gateway Triangle Redevelopment ...provisions and restrictions apply to this
Overlay:
*** *** *** *** *** *** *** *** *** *** ***
[pg. 141]
10. Only the affordable-workfaree housing density bonus, as provided in the Density
Rating System, is allowed in addition to the eligible density provided herein. For all
properties, the maximum density allowed is that specified under Density Conditions in
the Density Rating System.
(End of Exhibit for the Future Land Use Element)
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
December 18, 2018
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Teresa Cannon
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. 18-59, which was filed in this office on December 18,
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