Ordinance 2007-32
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a \... . ORDINANCE NO. 07- 32
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~Oc': tb!.1(1, AN ORDINANCE OF THE BOARD OF COUNTY
6'leILl9~9\.~ COMMISSIONERS, COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD)
TO COMMERCIAL PLANNED UNIT DEVELOPMENT
(CPUD) FOR A PROJECT KNOWN AS PINE AIR LAKES
CPUD TO ALLOW AN INCREASE IN THE MAXIMUM
DEVELOPMENT AREA. THE SUBJECT 148.99 ACRES IS
LOCATED ALONG THE WEST SIDE OF AIRPORT-PULLING
ROAD (COUNTY ROAD 31), PARALLEL TO AND
APPROXIMATELY 1,600 FEET NORTH OF PINE RIDGE
ROAD (COUNTY ROAD 896); AND ALONG BOTH SIDES OF
NAPLES BOULEVARD, IN SECTION II, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER
94-25, THE PINE AIR LAKES PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, Airport Road Limited Partnership, represented by Karen Bishop, of
P.M.S. Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson,
P.A., petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section
II, Township 49 South, Range 25 East, Collier County, Florida, is changed from Planned
Unit Development (PUD) to Commercial Planned Unit Development (CPUD) known as
the Pine Air Lakes CPUD in accordance with the CPUD Document, attached hereto as
Exhibit "A" which is incorporated herein and by reference made part hereof. The
appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as
amended, the Collier County Land Development Code, is/are hereby amended
accordingly.
SECTION TWO:
Ordinance Number 94-25, known as the Pine Air Lakes PUD, adopted on May
10, 1994 by the Board of County Commissioners of Collier County, is hereby repealed in
its entirety.
Petition Number PUDZ-2005-AR-8550
Page I of2
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTE..:Nt the Board of County Commissioners of
Collier County, Florida, this ~ day of 6v-rvh ,2007.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY: ,fI~~
J~ COLETTA,CHA AN
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A'pprovedas to form and
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Marj eM. Student-Stirling '1
Assistant County Attorney
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5.eJ;~ry of Stale's Office Iho
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Petition Number PUDZ-2005-AR-8550
Page 2 of2
PINE AIR LAKES
A
PLANNED UNIT DEVELOPMENT
BY
AIRPORT ROAD LIMITED PARTNERSHIP
AMENDED BY:
Goodlette Coleman & Johnson
4001 Tarniami Trail N., Suite 300
Naples, FL 34103
EXHIBIT A
ORIGNINAL ORDINANCE NUMBER
DA TE ISSUED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
85-67
11/12/85
3-13-2007
2007-32
PUO document w BCC changes (2) 3-20-07,doc
TABLE OF CONTENTS
SUBJECT
Property Ownership and Description
Statement of Compliance
Project Development
Office
Regional Commercial
Lake/Open Space
Development Standards
Utility Services
Development of Regional Impact
PUD Master Plan
Legal Description
Interconnection Exhibit
PUO document w BCC changes (2) 3-20-07,doc
SECTION
Section I
Section II
Section III
Section IV
Section V
Section VI
Section VII
Section VIII
Section IX
Exhibit "A"
Exhibit "B"
Exhibit "C"
PROPERTY OWNERSHIP AND DESCRIPTION
SECTION I
1.01 PURPOSE The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be developed under
the project name of Pine Air Lakes.
1.02 INTRODUCTION It is the intent of Airport Road Limited Partnership, a Florida limited
partnership (here and after to be called Applicant) to amend a Planned Unit Development on
approximately 150 acres of property located in northwest Collier County, Florida.
1.03 NAME The development will be known as Pine Air Lakes.
1.04 PROPERTY OWNERSHIP The subject property is currently under the ownership of:
Airport Road Limited Partnership
800 Seagate Drive, Suite 302
Naples, FL 34103
1.05 UNIFIED CONTROL The property being submitted for rezoning is under the unified
control of Airport Road Limited Partnership.
1.06 LEGAL DESCRIPTION The subject project being +/- 148.99 acres is located in
northwest Collier County, Section II, Township 49 south, Range 25 east. The complete
legal description is set forth in Exhibit "B".
1.07 GENERAL LOCATION
A. The subject property is west of and contiguous to Airport Road, parallel to and
approximately 1 ,600 feet north of Pine Ridge Road; approximately I ,300 feet west, the
boundary jogs south then west again approximately I ,300 feet, parallel to Pine Ridge
Road.
B. Four (4) accesses to the development will be provided as conceptually depicted on
Exhibit "A". Three (3) entrances will have access from Airport Road and one (I) access
will be from Pine Ridge Road, taking advantage of the existing Naples Boulevard.
Pine Ridge Road is scheduled to be the primary access into western Collier County
from Interstate 75. Regional access to the Pine Air Lakes development will be via
Interstate 75 and Pine Ridge Road Interchange and Airport Road Transportation
Corridors. Developers and property owners are to connect their properties to fronting
collector and arterial roads, except where no such connection can be made without
violating intersection spacing requirements of the Land Development Code as described
in Policy 7.1 of the Future Land Use Element.
1.08 EXISTING ELEVATION The +/- 150 acres of land which Pine Air Lakes is comprised of
has an average elevation of plus 10.0 feet above sea level.
PUD document w BeC changes (2) 3-20-07.doc 2
1.09 EXISTING SOIL TYPES The Pine Air Lakes site is composed of five (5) soil types as
identified by the U.S.D.A. Soil Conservation Service in their report titled, "Soil Survey,
Detailed Reconnaissance, Collier County, Florida. Series 1942. No.8, issued March 1954,
"The site is primarily composed of Keri Fine Sand approximately forty-five percent (45%)
and Charlotte Fine Sand approximately eighteen percent (18%). The Arzell Fine Sand, Cypress
Swamp, and Ochopee Fine Sand Marl (shallow phase) makes up the remaining thirty-seven
percent (37%) of the Pine Air Lakes CPUD site. The Ochopee Fine Sand Marl (shallow phase) is
characterized by a shallow depth to rock which is typified by its exposure in the roadway
swale along Pine Ridge Road (south of the project site).
1.10 EXISTING VEGETATION The site area has been historically stripped of native vegetation
and utilized for agricultural and horticultural purposes. The only remaining native vegetation
exists in the cypress head areas, (this has been designated "S.T." by the County
Environmentalist), approximately in the center of the southern property line. The cypress
("S.T.") area will be left in its natural state under the proposed Pine Air Lakes CPUD Master
Plan. The historical agricultural uses of the property supports a request for waiver of the
Environmental Impact Statement (E.I.S.) commonly required by the Land Development Code.
The request for a waiver has been filed with the County Environmentalist. NOTE: See
Benedict's Letter.
1.11 OPEN SPACE. A minimum of thirty percent (30%) of total acres shall be provided. (44.7
acres) 1.81 acres are provided in S.T. acres and 32.64 acres are provided in Lakes/Open
Space. The open space to be within the developed parcels along with the S.T. and
Lake/Open Space parcels will either meet or exceed the required acreage.
PUD document w Bee changes (2) 3-20-07,doc 3
STATEMENT OF COMPLIANCE
SECTION II
2.01 PURPOSE The purpose of this section is to briefly outline the Pine Air Lakes
Commercial Planned Unit Development compliance with the Collier County Comprehensive
Plan.
2.02 STATEMENT OF COMPLIANCE The development of approximately 150 acres of
property in, northwest Collier County, Florida, Section II (eleven), Township 49 south, Range
25 east, as a Planned Unit Development to be known as Pine Air Lakes will comply with the
planning and development objectives of Collier County.
A. This project is a Development of Regional Impact that predates the adoption of the
1989 Growth Management Plan for Collier County. As such, it was deemed to have
vested zoning rights through the Zoning Re-evaluation Program described in former
Policy 3.IK ofthe Future Land Use Element.
B. Properties that have been found to have vested zoning rights are deemed consistent with
the Future Land Use Element (reference Policy 5.9, FLUE). Policy 5.1 of the
Future Land Use Element allows changes to such projects, provided the intensity of
development is not increased.
PUD document w BCC changes (2) 3-20-07.doc 4
PROJECT DEVELOPMENT
SECTION III
3.01 PURPOSE The purpose of this section is to delineate and generally describe the project
plan of development and general conditions of the Pine Air Lakes Project.
3.02 GENERAL
A. Regulations for development of Pine Air Lakes shall be in accordance with the
contents of this document, CPUD- Commercial Planned Unit Development District and
other applicable sections and parts of the "Collier County Land Development Code".
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.
3.03 TRACT DEVELOPMENT The development of separate tracts shall comply with the
Collier County Land Development Code, when applicable.
3.04 PROJECT PLAN AND LAND USE PARCELS
A. The project plan including the location of roadways, general circulation, and the land
use is illustrated graphically and conceptually on the CPUD Master Plan (Exhibit "A").
B. Areas illustrated as Lakes/Open Space on Exhibit "A" are illustrative only, and are
subject to relocation and reconfiguration. These areas may be constructed as lakes or
open space. A portion of the lakes may be constructed as shallow, intermittent dry
depressions for water detention purposes.
C. In addition to the various areas shown on Exhibit "A", such easements (utility, private,
semi-public, etc.) shall be established within or along the various tracts as may be
necessary or deemed desirable for the service, function or convenience of the project
users.
D. Adjacent parcels, whether owned by the same or different entities, shall be permitted to
be developed under a Unified Development Plan as a single shopping center or single
office complex with common and shared parking areas, access drives, utilities, entries,
common areas and other facilities typically contained within a shopping center or office
complex. Internal tract boundaries in such unified development plans shall not be
required to have lot line setbacks or buffers. Additionally, buildings within the Unified
Development Plan shall be permitted to abut one another as long as all appropriate
building codes have been adhered to without any requirement for property line setbacks
along common property lines with adjacent buildings.
3.05 BUFFERS
A. All parcels within the Pine Air Lakes development adjacent to interior roads
shall provide a minimum fifteen (15) foot wide landscape strip buffer. (Excluding
parcels designated Lakes/Open Space.)
PUO document w BCC changes (2) 3-20-07,doc 5
B. A minimum buffer fifteen (15) feet wide will be provided along all parcels (except
Lake/Open Space parcels) which are adjacent to surrounding land presently zoned
industrial/commercial. A minimum twenty (20) foot buffer will be provided along Airport
Road.
C. All other buffers shall meet the minimum standards of the Land Development Code in
effect at the time of development of the parcel.
D. No parking, outside display signs, or other structures shall be located within buffers.
3.06 SPECIAL TREATMENT (S. T.) REGULATION The S. T. zoning overlay is removed
and the approximate 1.8 acres of wetlands shall be preserved as a separate tract or easement,
with protective covenants. An average twenty-five (25) foot setback will be provided around
the wetlands area.
No parking, outside displays, signs or structures shall be located within the setback around the
wetlands area.
3.07 CPUD SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 04.07.01
ofthe Collier County Land Development Code shall apply to the development of platted tracts or
other parcels of land prior to issuance of a building permit or other development order.
3.08 DEVELOPMENT PLAN ADJUSTMENT Minor variations in acreage, roadway, lakes
and tract boundaries, as shown on CPUD Master Plan shall be permitted at final design
to accommodate topography, vegetation, and other site conditions.
Minor variations shall be defined as in the Land Development Code in effect at the time such
variation is requested.
3.09 MAXIMUM SOUARE FOOTAGE USES: The maximum square footage to be constructed
within the CPUD shall be as follows. The permitted uses for each category of use shall be as set
forth herein in Section 4 with respect to Office Uses and in Section 5 with respect to Regional
CommerciallRetail Uses.
Category
Regional Commercial/Retail
Office
Total
Square Feet
1,000,000
75.000
1,075,000
3.10 CONVERSION BETWEEN USE CATEGORIES. Notwithstanding the maximum square
footage uses set forth in Paragraph 3.09 above, the Developer shall have the right to;
Convert office space into retail space or retail space into office space, with the conversion
rate between the different uses to be set forth as follows (the conversion rate has been
determined by an equivalent trip generation analysis). Up to 50,000 square feet of office
area can be converted into retail area at the rate of 100 square feet of additional retail area
for every 420 square feet of office area converted. Additionally, up to 50,000 square feet
of retail area can be converted into office area at the rate of 100 square feet of additional
office area for every 24 square feet of retail area converted. The maximum square footage
allowed is 1,075,000.
PUD document w BeC changes (2) 3-20-07,doc 6
OFFICE
SECTION IV
4.01 PURPOSE. The purpose of this section is to indicate the development plan land regulations
for any part of the site to be developed for office uses,
4.02 PERMITTED USES AND STRUCTURES. No building or structure or part thereof shall be
erected, altered, or used, or land or water used, in whole or in part for other than the
following:
4.03 PERMITTED PRINCIPAL USES AND STRUCTURES
I) Business and professional offices; banks; financial institutions.
2) Churches and other places of worship; civic and cultural facilities; colleges,
universities and schools.
3) Funeral homes.
4) Homes for the aged; hospitals; hospices and sanitoriums.
5) Medical laboratories; medical clinics; medical offices for humans; mortgage
brokers; museums.
6) Parking garages and lots; private clubs.
7) Real estate offices; research design and development activities; rest homes;
convalescent centers; and nursing homes.
8) Laboratories, provided that:
a) No odor, noise, etc., detectable to normal senses from off the premises
are generated;
b) All work is done within enclosed structures; and
c) No product is manufactured or sold, except incidental to development
activities.
9) Transportation, communication and utility offices - not including storage of
equipment.
10) Any professional or commercial use which is comparable in nature with the
foregoing uses and which the Board of Zoning Appeals determines to be
compatible in the district.
4.04 PERMITTED ACCESSORY USES AND STRUCTURES
I) Accessory uses and structures customarily associated with uses permitted in this
district.
2) Caretaker's residence.
3) Multi-story parking.
4) Water management structures and facilities.
4.05 REGULATIONS
405.01 General - All yards, setbacks, etc., shall be in relation to the individual parcel
boundaries.
405.02 Minimum Parcel Area - Twenty thousand (20,000) square feet.
PUD document w BCC changes (2) 3-20-07,doc 7
405.03 Minimum Parcel Width - One hundred (100) feet.
405.04 Minimum Yard Requirements.. abutting the roadway within the Pine Air Lakes
Development and Airport Road to the west of the development shall be front
yards.
a) Front Yard - Twenty-five (25) feet.
b) Side Yard.. Fifteen (15) feet with unobstructed passage from front to
rear yard.
c) Rear Yard - Fifteen (15) feet.
d) Minimum Yard Requirement From Any Residentially Zoned or Use
Property: Twenty-five (25) feet.
405.05 Maximum Height - Five (5) stories or fifty (50) feet, whichever is greater over a
maximum of two (2) levels of parking.
Ten (10) stories or one hundred (100) feet, whichever is greater over two (2)
levels of parking may be approved through Site Development Plan Approval and
by the Planning Commission.
405.06 Minimum Floor Area of Structures - One thousand (1,000) square feet per
building on the ground floor.
405.07 Minimum Distance Between Structures - Thirty (30) feet or one-half (1/2) the sum
of the height, whichever is greater.
4.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a
permit is requested.
4.07 MINIMUM OFF-STREET PARKING AND OFF-STREET PARKING LOADING
REOUIREMENTS As permitted or required by the Land Development Code in effect at the time
a permit is requested.
4.08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land
Development Code in effect a the time a permit is requested.
4.09 MINIMUM LANDSCAPE/BUFFER AREA Defined in Section 3.05 of this Document.
PUD document w BCe changes (2) 3-20-07.doc 8
REGIONAL COMMERCIAL
SECTION V
5.01 PURPOSE The purpose of this section is to indicate the development plan land regulations
for the areas designated on Regional Commercial. In order to ensure that regional retail is
achieved, there will be a minimum of two individual retail uses with a minimum of 70,000
square feet of gross leasable area (GLA) each. These three uses, along with a majority of the
commercial uses shall be restricted to uses herein which also would be within Division G,
Standard Industrial Classification Manual, 1987 publication.
5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall
be erected, altered or used, or land or water used, in whole or in part, for other than the
following.
5.03 PERMITTED USES The following uses are expressly permitted when done in accordance
with the general intent of this ordinance:
a) Antique shops 5932; appliance stores 5722; art galleries 5999,
8412; art studios 8999; art supply shops 5199; assembly in
enclosed building 3549; auction house 5999; automobile parts
stores 5531; automobile service stations with repairs in enclosed
building 5541; automobile sales, and associated service
departments, 5541, 5511; alcoholic beverage sales, including
sales for consumption on or off the premises 5813, 5921.
b) Banks and financial institutions Major Groups 60, 61, 62, 67;
barber and beauty shops 7231, 7241; bath supply stores 5719;
bicycle sales and services 7699 (excluding Cesspool cleaning),
5941, 5091, 5571; blueprint shops 7334; boat sales - with inside
storage 5551, 5091; bookbinders 2789, 2732; book stores 5192,
5961; business (i.e. Xerox) machine services 7359, 7629; bakery
shops, including baking only when incidental to retail sales from
the premises 5461; business offices 8741, 8742, 8748.
c) Carpet and floor covering sales which may include limited storage
(not to exceed 50% of retail sales area) 5713, 5023; enclosed car
washes 7542; clothing stores 5137, 5651, 5611, 5932, 5136,
5621; cocktail lounges 5813; commercial recreation uses - indoor
7999 (excluding animal shows, bath houses, circus companies,
shooting ranges/galleries, skeet shooting); commercial schools
8222, 8211, 8221; communications services and equipment repair
5065; confectionery and candy stores 5441, 5145; churches and
other places of worship 8661; civil and cultural facilities 8641,
8299,8611,8621; colleges, universities and schools 8211, 8221,
8222, 8299, 8243, 8244, 8249; child care centers 8351;
convalescent centers 8059, 8051; children's homes 8361.
d) Department stores 5311; dry goods stores 5131, 5999: drapery
shops 5023, 5714; delicatessens 5461; drug stores 5912,5122;
dry cleaning - collecting and delivering only 7212. (Minimal on-site
pressing and spotting permitted).
PUD document w BCe changes (2) 3-20-07.doc 9
e) Electrical supply stores 5063; equipment rentals - including lawn
mowers, power saws, etc. without outside storage and display
7359; employment agencies 7361, 7819, 7922 (excluding
burlesques companies), 7363.
f) Fish markets (retailt542I ,5146; florist shops 5992, 5193; fraternal
and social clubs 8641; funeral homes 7261 (excluding
crematories); furniture refinishing 7641; furniture stores 5712,
5021; furrier shops 5632.
g) Garden supply stores, which can include outside displays, gift
shops 5261; glass and mirror sales 5231, 5719; gourmet shops
5499,5411; gunsmiths 7699 (excluding cesspool cleaning).
h) Hardware stores 5251; hat cleaning and blocking 7251; health food
stores 5499; health clubs/fitness centers 7991; hobby supply stores
5092,5945; hospitals and hospices 8069, 8062.
i) Ice cream shops 5451, 5143; ice sales (not including ice plants)
5143,5999.
j) Jewelry stores 5094, 5944, 5632.
k) Kitchenware shops 5719.
I) Laundries 7211; lawn maintenance shops no outside maintenance
7699; leather goods 5199, 5948; legitimate theaters 7922
(excluding burlesque companies); light manufacturing or
processing (including food processing, but not slaughter house)
Major Group 23 (excluding 2371) & 39. Packaging or fabricating
in completely enclosed building 267l.Linen supply shops 7213;
liquor stores 5921, 5182; and locksmiths 7699; lithographing 2752;
laboratories; provided no odor, noise, vibrations or other nuisance
detectable to normal senses from off the premises are generated
7819,8734,8071,8072.
m) Marinas 4493; markets - food of every type 5411; medical office
and clinics 8041, 8021, 8042, 8031, 8011, 8043, 8093; millinery
shops 5632, 5131; miscellaneous uses such as mail express office,
telephone exchange 7331, 5999; motion picture theaters 7832;
motorcycle sales and service 5571, 7699 (excluding cesspool
cleaning), 5012; museums 8412; music stores 5735, 5736;
mortgage brokers 6162, 6163; motels 7011; meat, fish and poultry
markets 5421,5499.
n) Newspaper stores 5994.
0) Office Supply stores 5112, 5943.
p) Paint and wallpaper stores 5231; parking garages (enclosed) 7521;
pest control service 7342; pet shops 5999; pet supply shops 5999,
5149,5199; photographic equipment stores 5043, 5946; plumbing
shop 5074; plumbing supplies 5074; pottery stores 5719; poultry
markets 5499; printing 2732, 2752,2759; publishing or similar
establishments 2741, 2731, 2711, 2721; private clubs 7997;
professional offices 8741, 8742, 8748; post offices 4311,7389.
q) Quilt shops 5949.
r) Radio and television stations and transmitters 4832, 4833; radio
and television sales and services 5731, 7622; interior non-
destructive and design labs 8711, 8712; rest homes 8059, 8361;
PUD document w BCe changes (2) 3-20-07.doc 10
restaurants including fast food restaurants with drive through
window service 5812; real estate offices 6531; research, design and
development planning facilities 8748.
s) Service establishments catering to commerce and industry 7389;
sign company 3993, 5046, 5099; sign painting shops 3993; shoe
repair 7251; shoe stores 5661; shopping centers (including regional
facilities) Major Group 53, 56, 57, 58, 59; souvenier stores 5947;
stationery stores 5943; supermarkets 5411; swimming pool
maintenance shops 7389; sanitoriums 8063; schools 8211, 8249.
t) Tailor shops 7219, 5699; taxidermists 7699; tile sales ~ ceramic
tile 5211, 5032; tobacco shops 5159, 5194, 5993; toy shops 5945,
5092; tropical fish stores 5999; transportation terminals without
outside storage of vehicles or equipment 4231; taverns 5813.
u) Upholstery shops 5714.
v) Variety stores 5331; vehicle rentals 7514, 4119; veterinarian
offices and clinics ~ no outside kennels 0742; vocational,
technical, trade or industrial schools 8211, 8249.
w) Water bed sales 5712, 5021.
x) X-ray clinics 8071.
y) Yacht sales 7389, 5551.
z) Any other commercial, which is compatible in nature with the
foregoing uses and which the Board of Zoning Apeals determines
to be consistent with the purpose ofthe district.
aa) All uses allowed in Section IV.
* All references to numbers in this Section are understood to be to Standard Industrial
Classification Groups.
5.04 PERMITTED ACCESSORY USES AND STRUCTURES. Accessory uses and structures
customarily associated with uses permitted in this district:
I) Caretaker residence.
2) Water management structures and facilities.
3) Customary accessory uses and structures.
5.05 REGULATIONS
505.01 General - All yards, setbacks, etc., shall be in relation to the individual parcel
boundaries. There shall be no outside overnight storage or display on any parcels
in this section.
505.02 Minimum Parcel Area - As determined at the time of Preliminary Site
Development Plan review.
505.03 Minimum Parcel Width - As determined at the time of Preliminary Site
Development Plan review.
505.04 Minimum Yard Requirements - The parcel sides abutting the roadway within
the Pine Air Lakes' Development and Airport Road to the west of the development
shall be front yards. Those parcels shall conform to the minimum yard
PUD document w Bee changes (2) 3-20-07,doc 11
requirement of Section 4.05.4 of the Document. All other parcels in this Section
shall conform to the following:
a) Front Yard - Twenty-five (25) feet.
b) Side Yard and Rear Yard - None or a minimum of five (5)
feet wi th unobstructed passage from front to rear yard.
c) Other parcel boundaries fifteen (15) feet.
505.05 Maximum Height.. Three (3) stories or thirty-five (35) feet, whichever is greater.
505.06 Minimum Floor Area ofPrincioal Structures - One thousand (1,000) square feet
per building on the ground floor.
505.07 Minimum Distance Between Structures, - Same as side yard setback.
5.06 SIGNAGE As permitted or required by the Land Development Code in effect at the
time a permit is requested.
5.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REOUIREMENTS
As permitted or required by the Land Development Code in effect at the time a permit is
requested.
5.08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land
Development Code in effect at the time a permit is requested.
5.09 MINIMUM LANDSCAPE BUFFER AREA Defined in Section 3.05 of this Document.
PUD document w BCC changes (2) 3-20-07.doc 12
LAKE/OPEN SPACE
SECTION VI
6.01 PURPOSE The purpose of this Section is to indicate the development plan land regulations
for the areas to be utilized for Lakes/Open Space.
6.02 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be
erected, altered, or used, or land or water used, in whole or in part, for other than the following:
6.03 PERMITTED PRINCIPAL USES AND STRUCTURES
I) Sidewalks constructed for purposes of access to or passage through common
areas.
2) Lakes and other storm water management facilities or uses to serve for the water
management and drainage ofproject.
3) Picnic areas, parks and passive recreation areas.
4) Small buildings, enclosures or other structures constructed for purposes of
maintenance, storage, recreation or shelter with appropriate screening and
landscaping.
5) Small docks, piers or other such facilities constructed for purposes of lake
recreation for project occupants or members.
6) Decks and platforms associated with restaurant and entertainment facilities on
adj acent parcels shall be allowed to proj ect into Lake/Open Space parcels.
7) A lake/open space parcel may be considered a buffer for developed parcels if it is
adj acent to the parcel.
8) Any other open space activity which is comparable in nature with the foregoing
uses and which the Board of Zoning Appeals determines to be compatible in the
district.
6.04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures
customarily associated with the uses permitted in this district.
I) Customary accessory uses ofrecreational facilities.
2) Any other recreational use which is comparable in nature with the foregoing uses
and which the Board of Zoning Appeals determines to be compatible in the
district.
PUD document w BCC changes (2) 3-20-07,doc 13
6.05 REGULATIONS
605.01 General ~ All yards, setbacks, etc., shall be in relation to the individual parcel.
605.02 Minimum Lot Area: None
605.03 Minimum Lot Width: None
605.04 Minimum Yard Requirements: Abutting the arterial roadway within the Pine Air
Lakes Development and Airport Road to the west of the development shall be
front yards.
a) Front Yard: Fifty (50) Feet
b) Side Yard: Thirty (30) Feet
c) Rear Yard: Fifty (50) Feet
605.05 Maximum Height of Structures: Thirty-five (35) feet unless otherwise approved
during Development Review.
6.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a
permit is requested.
6.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REOUIREMENTS
As permitted or required by the Land Development Code in effect at the time a permit is
requested.
6.08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land
Development Code in effect at the time a permit is requested.
6.09 MINIMUM LANDSCAPE/BUFFER AREA Defined in Section 3.05 of this Document.
PUO document w BCe changes (2) 3-20-07.doc 14
DEVELOPMENT STANDARDS
SECTION VII
7.01 PURPOSE The purpose of this Section is to set forth the standards for the development of
the project.
7.02 GENERAL All facilities shall be constructed in strict accordance with the Final
Development Plan and all applicable State and local laws, codes, and regulations. Except
where specifically noted or stated otherwise, the standards and specifications of the current
official County Land Development Code shall apply to this project.
7.03 CPUD MASTER DEVELOPMENT PLAN
A. Exhibit "A" illustrates the proposed development.
B. The design criteria and system design illustrated on Exhibit "A" and stated herein shall be
understood as flexible so that the final design may best satisfy the project, the
neighborhood and the general local enviroument. Minor site alterations may be permitted
subject to planning staff and administrative approval.
C. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all areas in the project.
7.04 CLEARING. GRADING. EARTHWORK. AND SITE DRAINAGE All clearing, grading,
earthwork, and site drainage work shall be performed in accordance with all applicable State and
local codes.
7.05 STREETS All streets shall be dedicated to the public.
The petitioner wishes to reserve the right to maintain and landscape the unpaved portions of the
right-of-way for roads within the project subject to the approval of the Development Services
Director.
All public street design and construction shall meet the Collier County standards that are in
effect at the time of approval.
7.06 SIGNS As permitted or required by the Land Development Code in effect at the time a
permit is requested.
7.07 HOUSING To satisfy the project's affordable housing impacts cumulatively the applicant's
mitigation for commercial and office uses shall be $206,424.00. These funds shall be paid to
Collier County Affordable Housing Trust Fund at issuance of building permit. If more than one
building permit is involved, then the payments shall be prorated on a .50 cent per square foot
basis and a portion collected at the time each building permit is issued.
PUD document w BCe changes (2) 3-20-07,doc 15
7.08 LANDSCAPING
Al For off-street parking areas - All landscaping for off-street parking areas shall be in
accordance with the appropriate portion of the Land Development Code.
B). For Naples Boulevard Land Improvements ~ The Pine Air Lakes CDD shall complete
the installation of the Naples Boulevard. right-of-way landscaping as approved by Collier
County Transportation Mode Department but will be limited to $400,000.00 in cost. The
Pine Air Lakes CDD shall maintain the right-of-way landscaping in perpertuity. The
installation shall take place within one year of this PUD amendment and the companion
DRI Development Order amendment approval.
7.09 ARCHITECTURAL DESIGN REVIEW The petitioner intends to create an association to
review individual parcel layout and architecture prior to the improvement of any parcel.
7.10 COMMON AREA MANAGEMENT The petitioner intends to convey the common areas,
including the water retention and surface water management structures, to Pine Air Foundation,
Inc., a Florida not-for-profit corporation, which will be responsible for implementation of the
surface water management plan and have authority to assess the other lands within the district for
the costs of such maintenance. The petitioner would also grant an easement to Collier County
with respect to the surface water management system so that the County could operate and
maintain the system in the event the Foundation fails to do so.
7.11 ENVIRONMENTAL The Environmental Advisory Council stipulations:
A. A site clearing plan shall be submitted to the Natural Resources Department and the
Community Development Division for their review and approval prior to any substantial
work on the site. This plan may be submitted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict how the final site layout incorporates
retained native vegetation to the maximum extent possible and how roads, buildings,
lakes, parking lots, and other facilities have been oriented to accommodate this goal.
B. Native species shall be utilized, where available, to the maximum extent possible in the
site landscaping design. A landscaping plan will be submitted to the Natural Resources
Department and the Community Development Division for their review and approval.
This plan will depict the incorporation of native species and their mix with other species,
if any. The goal of site landscaping shall be the re-creation of native vegetation and
habitat characteristics lost on the site during construction or due to past activities.
C. All exotic plants, as defined in the County Code, shall be removed during each phase of
construction from development areas, open space areas, and preserve areas. Following
site development a maintenance program shall be implemented to prevent reinvasion of
the site by such exotic species. This plan, which will describe control techniques and
inspection intervals, shall be filed with and approved by the Natural Resources
Department and the Community Development Division.
D. If during the course of site clearing, excavation, or other constructional activities, an
archaeological or historical site, artifact, or other indicator is discovered, all development
at that location shall be immediately stopped and the Natural Resources Department
PUO document w BCe changes (2) 3-20-07.doc 16
notified. Development will be suspended for sufficient length of time to enable the
Natural Resources Department or a designated consultant to assess the find and determine
the proper course. of action in regard to its salvageability. The Natural Resources
Department will respond to any such notification in a timely and efficient manner so as
to provide only a minimal interruption to any constructional activities.
E. The cypress wetland and buffer zone is to be checked and approved by the
Natural Resources Personnel prior to any construction in the vicinity of the wetlands.
F. As many existing native trees and shrubs as possible shall be incorporated into the
development.
G. The developers shall demonstrate to the Natural Resources Department that this
development will be in compliance with the water quality regulations as outlined by DEP
and SFWMD when they return with their site development plans and, more specifically,
if DEP or SFWMD requires water quality monitoring of their stormwater run-off, then
Natural Resources Department requests that they receive copies of all the data.
7.12 FIRE The North Naples Fire Control District has stated their ability to serve the Pine Air
Lakes Project, with the following stipulations:
A. Water mains and the locations of the fire hydrants must be approved by them prior to
issuance of any building permits.
B. Pine Air Lakes shall commit to pay its fair share for improvements needed as a result of
the development if and when an impact fee policy is adopted by the North Naples Fire
District to cover the entire District.
7.13 EXEMPTIONS TO THE SUBDIVISION REGULATIONS Pine Air Lakes development
shall be exempt from the following Land Development Code requirements:
A. Section 06.06.01.Q.l, LDC: Street name signs shall be approved by the Development
Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic
Control Devices.
B. Section 05.06.00, LDe: Entry signage may be located within the right-of-way of the
dedicated roadway. Such signage and planting shall be approved by the Development
Services Director.
C. The requirement to place permanent reference monument and permanent control points
in a typical water valve where such monuments occur within street pavement areas shall
be waived.
7.14 TRANSPORTATION
A. Except for the three permitted connections to Airport Road, all access to individual
parcels shall be internal from Naples Boulevard or from loop roads connecting adjacent
properties in an effort to help reduce vehicle congestion on nearby collector and arterial
PUD document w BCC changes (2) 3-20-07.doc 17
roads and minimize the need for traffic signals as described in Policy 7.2 of the Future
Land Use Element.
B. The developer shall provide crosswalks at the intersection of Naples Boulevard and the
future Interconnection Road/Regal Cinema Property and at the future intersection west of
the Regal Cinema property at the existing Naples Boulevard Curb cut located
approximately V. mile to the north of the southern property line of the CPUD along
Naples Boulevard. The crosswalk for the future Interconnection Road/Regal Cinema
intersection with Naples Boulevard shall be installed simultaneously with the permanent
traffic signal. All crosswalk requirements shall be completed prior to the build-out of the
CPUD.
C. Naples Boulevard is constructed and dedicated to Collier County and the water system is
looped in accordance with the Utilities Division regulations and requirements.
D. All Collier County traffic impact fees for Pine Air Lakes CPUD shall be as provided by
the current impact fee ordinance.
E. In conjunction with the six-Ianing of Airport Road, the following improvements shall be
made at the intersection of Naples Boulevard with Airport Road:
1. The developer has constructed or contributed its fair share payment for the
construction of one additional northbound left turn lane from Naples Boulevard to
Airport Pulling Road for a total of two left turn lanes.
2. The developer has constructed or contributed its fair share payment for the
construction of the traffic signal at the intersection of Airport Road and Naples
Boulevard.
3. In addition to the forgoing, at the County's request, the developer shall construct a
third northbound left turn lane from Naples Boulevard to Airport Pulling Road
within one year of the approval of this CPUD amendment and DRI development
order amendment.
4. The developer shall extend the stacking lanes for the north to westbound left turn
lane onto Naples Boulevard from Airport Road within one year of the approval of
this CPUD amendment and DRI development order amendment.
F. All proposed median opening locations shall be in accordance with the Collier County
Access Management Policy (Resolution No. 01-247), as it may be amended, and the
Land Development Code, as it may be amended. Collier County reserves the right,
pursuant to Collier County ordinances to modify or close any median opening existing at
the time of approval of this CPUD which is found to be adverse to the health, safety and
welfare of the public. Any such modifications shall be based on, but are not limited to,
safety, operational circulation, and roadway capacity.
G. A five (5) foot sidewalk easement and completed sidewalk have been provided by the
developer within the twenty (20) foot buffer along the Airport Road frontage. An
additional one (I) foot sidewalk easement shall be provided by the developer within the
twenty (20) foot buffer along the Airport Road frontage, north of Naples Boulevard, at
Collier County's request and within one year of the approval of this CPUD amendment
and DRI development order amendment.
PUD document w BCC changes (2) 3-20-07.doc 18
H. All work within Collier County rights-of-way or public easements shall reqUire a
right-of-way permit.
1. Any reduction in parking spaces as a result of interconnection with projects to the north
and west shall be consistent with Subsection 4.04.02.B.3. of the Land Development Code
quoted below:
During the development or redevelopment of commercial or residential projects and all
rezone petitions shared access and interconnection shall be required. Should the shared
access or interconnection require the removal of existing parking spaces, the applicable
development will not be required to mitigate for the parking spaces. The County Manger
or designee shall require the shared access and interconnection unless in the professional
judgment of the County Manger, or designee, one of the following criteria prohibits this
requirement.
a. It is not physically or legally possible to provide the shared access or
interconnection.
b. The cost associated with the shared access or interconnection is umeasonable. For
this application umeasonable will be considered when the cost exceeds the cost of a
typical local road section or is above 10% of the value of the improvements being
made to the development.
c. The location of environmentally sensitive lands precludes it and mitigation is not
possible.
d. The abutting use is found to be incompatible with the existing or proposed use.
J. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current Edition,
and the Manual on Uniform Traffic Control Devices (MUTCD), current Edition. All
other improvements shall be consistent with and as required by the Collier County Land
Development Code.
K. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the issuance of the first
certificate of occupancy (CO), or when requested by Collier County.
L. Nothing depicted on any the CPUD Master Plan except for those access points in
existence as of the date hereof shall vest any right of access at any specific point along
any property frontage or property line. All such access shall be consistent with the Collier
County Access Management Policy (Res. No. 01-247), as it may be amended from time
to time, and with the Collier County Long-Range Transportation Plan. The number of
access points may be less than the number depicted on the Master Plan; however, no
additional external access points shall be considered unless a PUD amendment or PUD
insubstantial change is approved.
M. All intemal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
PUD document w BCe changes (2) 3-20-07,doc 19
developer and Collier County shall have no responsibility for maintenance of any such
facilities.
N. If any turn lane improvement requires the use of any existing County right-of-way or
easement and there is insufficient right-of-way available, the developer shall
accommodate those turn lanes within the development.
O. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device,
sign or pavement marking improvement within a public right-of-way or easement within
the boundary of this CPUD is determined to be warranted, the cost of such improvement
shall be borne by the Developer and shall be paid to Collier County.
P. At the request of Collier County, two Collier Area Transit (CAT) bus stops with shelters
shall be installed by the developer or, at the discretion of Collier County, a designated
park-and-ride location shall be provided in lieu of the shelters. The exact location will be
determined during site development plan review process. This commitment shall be
fulfilled within one year of the approval of this CPUD amendment and DRI development
order amendment.
Q. The developer shall contribute an amount not to exceed $50,000.00 to Collier County's
SCOOT program along Pine Ridge Road to include two additional intersections. This
contribution to Collier County shall be made within one year of the approval of this
CPUD amendment and DRI development order amendment.
R. In lieu of the annual traffic counts for the PUD monitoring requirements, the developer
shall make a payment to Collier County to install four permanent count stations not to
exceed a total of $40,000.00 purusant to the Land Development Code. Payment to Collier
County shall be made within one year of the approval of this CPUD amendment and
DRI development order amendment.
S. The developer shall construct or cause to be constructed an interconnection road to the
industrial park to the north of the CPUD as shown on Exhibit "C". The developer shall
be responsible to coordinate the construction with the owner of the property currently
developed as Naples Dodge. The construction of the interconnection road shall be
completed at the earlier to occur of (i) prior to the issuance of a CO for any
improvements constructed upon the eastern 9.86 acre portion of Pine Air Lakes Unit 3,
Lot 1 (tax parcel 66760010044); or (ii) within one year of the approval of this CPUD
amendment and DRI development order amendment.
T. The developer shall extend the eastbound stacking lane on Pine Ridge Road for the north-
bound turn onto Naples Boulevard within one year of the approval of this CPUD
amendment and DRI development order amendment.
U. The developer shall utilize the existing Naples Boulevard median (County right-of-way)
to construct a second right tum lane from southbound Naples Boulevard onto westbound
Pine Ridge Road within one year of the approval of this CPUD amendment and DRI
development order amendment.
V. The developer shall modify the Naples Boulevard median cuts used for controlling traffic
entering and exiting the Home Depot and NCH sites from Naples Boulevard in
PUD document w BCe changes (2) 3-20-07,doc 20
accordance with the design criteria approved by the Collier County Transportation
Department within one year of the approval of the CPUD amendment and DRI
development order amendment and after the design criteria have been approved by the
Collier County Transportation Department.
W. When traffic counts warrant and when requested by the Collier County Transportation
Department, the developer shall construct a mast arm traffic signal at the future
intersection that will be located at the existing curb cut on Naples Boulevard
approximately V. mile from the southern boundary of the CPUD (west of the Regal
Cinema).
X. I. Within sixty (60) days after the approval of this CPUD amendment and DRI
development order amendment, the developer shall install a temporary traffic signal
on Naples Boulevard at the intersection of Naples Boulevard and the entry to the
Regal Cinema property. The Collier County Transportation Department shall provide
the lights and controls and the developer shall pay the costs of purchasing and
installing the temporary poles and installing the temporary traffic signal.
2. The developer shall design and construct a mast arm traffic signal (permanent traffic
signal) to replace the temporary signal concurrent with the construction of the
interconnection road referenced in Subsection 7.l4.S of this Document, but in any
event the construction of the permanent traffic signal shall be completed within one
year of the approval of this CPUD amendment and DRI development order
amendment.
7.15 WATER MANAGEMENT
A. Conceptual and/or detailed site drainage plans shall be submitted to the
Environmental Advisory Board for review.
B. The Developer has provided to Collier County a thirty-five (35) foot wide and a
twenty-five (25) foot wide perpetual, non-exclusive easement for drainage purposes
along the western boundary of the Pine Air Lakes project a thirty (30) foot wide
temporary non-exclusive construction easement which parallels a twenty-five (25) foot
wide temporary non-exclusive drainage easement, both of which temporary easements
connect with the temporary drainage easement for the lake abutting the property's
northeastern boundary along Airport-Pulling Road, around which lake the thirty (30)
foot temporary construction easement continues; all as more fully described in the
drainage conveyance documents dated April 1994, and the drawings attached thereto
and prepared by Wilson, Miller, Barton & Peek, Inc., dated February 1994 for File No.
2G-403. Said temporary easements are for the purpose of accepting and transmitting
29 acres of Pine Ridge Industrial Park (Northeast Quadrant) drainage through the
water management system, and shall be abandoned at time of site development plan
approval of the area north of Naples Boulevard. At time of site development plan
approval, a twenty-five (25) foot wide perpetual, non-exclusive easement for drainage
purposes shall be dedicated to Collier County and recorded in the public records.
C. An excavation permit will be required for the proposed lakes in accordance with
appropriate County ordinances.
PUD document w BeC changes (2) 3-20-07.doc 21
UTILITY SERVICE
SECTION VIII
8.01 PURPOSE The purpose of this section is to provide a list of utility services and how they
will be provided.
A. See the Utilities Division stipulations per their memos dated July 23, 1985; and
September 21,1985.
8.02 W ATER SUPPLY The Collier County Water and Sewer District shall provide water to the
Pine Air Lakes Development from the existing 16" water main located within the Airport Road
right-of-way.
8.03 SOLID WASTE COLLECTION Solid waste collection for the Pine Air Lakes Project will
be handled by the company holding the franchise for that area of the County.
8.04 ELECTRIC POWER SERVICE Florida Power and Light Company will provide electricity
to the entire Pine Air Lakes Project.
8.05 TELEPHONE SERVICE Telephone service will be supplied by appropriate provider to the
Pine Air Lakes Project.
8.06 TELEVISION CABLE SERVICE The Pine Air Lakes Project will be provided cable
service by the cable company holding the franchise for that area of the County.
8.07 EASEMENTS FOR UNDERGROUND UTILITIES All on-site utilities such as telephone,
electric power, cable television service, waste water collection, water distribution, etc. shall be
installed underground. Only items such as electrical feeder lines, lift stations, etc. which require
above ground installation shall be permitted above ground.
8.08 WATER DISTRIBUTION AND SEWERAGE MAIN DEDICATION The water
distribution and sewerage mains shall be located in the road right-of-way and will be dedicated
to the public. The water distribution and sewerage mains will be deeded to Collier County Water
and Sewer District upon completion in accordance to applicable county ordinances in effect at
the time of the Pine Air Lakes PUD Submission.
The applicant or future owners, will pay appropriate development hook-up fees at the time of
application for building permits.
Should any water/sewer system elements be located outside the road right-of-way, the
appropriate easements will be dedicated.
8.09 PROJECT EASEMENTS AND SERVICES All easements and services mentioned
in this and previous sections of this Document shall be non-exclusive
PUD document w BCe changes (2) 3-20-07.doc 22
DEVELOPMENT OF REGIONAL IMPACT
SECTION IX
The Developer, its successors in interest, and all future assigns or designees shall adhere to all
commitments made in the Development of Regional Impact (DRI) Application for Development
Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously
adopted DRI Development Order (DO) actions for this project.
PUD document w BCC changes (2) 3-20-07.doc 23
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HOME
DEPOT
2158 JOHNSON SlREET
P,O. BOX 1550
FORT MYERS. FLORIDA 33902-1550
PHONE (239) 334-0046
FAX (239) 334-3661
E.B. 1642 & LB. 11I642
103.00 Acres
[0.69 Acres
33.49 Acres
1.81 Acres
148,99 Acres
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SCALE IN FEET
Master Concept Plan
DAlE
March 2007
EET
LEGAL DESCRIPTION
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Pine Air Lakes
PUDZ-A-2005-AR-8550
Exhibit B
EXHIBIT "e"
Pine Air Lakes I Naples Dodge Interconnect Exhibit
Naples Dodge
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THIS EXHIBIT IS CONCEPTUAL. THE FINAL DESIGN SHALL BE APPROVED BY
TRANSPORTATION DEPARTMENT DURING SITE DEVELOPMENT PLAN REVIEW ANY
REVISIONS TO THIS EXHIBIT SHALL NOT REQUIRE AN AMENDMENT
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-32
Which was adopted by the Board of County Commissioners
on the 13th day of March, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
county Commissioners of Collier County, Florida, this 22nd
day of March, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners,
. .
(}.uu ~DC
By: Ann Jennejohn,'.
Deputy Clerk
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