Ordinance 2007-36
ORDINANCE NO. 07-~
ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSNE 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 THE INDUSTRIAL (I) ZONING DISTRICT TO
THE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD)
ZONING DISTRICT FOR A DEVELOPMENT KNOWN AS THE
LIEBIG CPUD LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING
OF 4.3:1: ACRES; AND BY PROVIDING AN EFFECTNE DATE.
WHEREAS, D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., representing 3301
Westview Drive, LLC and 3375 Westview Drive, LLC, 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 I, Township 50
South, Range 25 East, Collier County, Florida, is changed from the Industrial (I) Zoning District to the
Commercial Planned Unit Development (CPUD) Zoning District for a development to be known as the
Liebig CPUD in accordance with the CPUD Document, attached hereto as Exhibit "A" and.incorpor,\ted
by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Nti~1Jer @;41""j'l
-. .',']
as amended, the Collier County Land Development Code, is/are hereby amended accordingly;: . '"
SECTION TWO:
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This Ordinance shall become effective upon filing with the Department of State.
C'.'~'-. -'
PASSED AND DULY ADOPTED by super-majority vote of the Board :oI' Cotrnty
r-
Commissioners of Collier County, Florida, this /0 day of c:'~~
,2007.
ArT-EST: ','
DWIGHT E.BRQCK, CLERK
~l~.
Attest '~S ~Cha\~:rk
11Ql11turt *~.!.'
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~-;d4i
J S COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency
';11,. ';;k~ J)) .::r"", ..I
MaJjo' M, Student-Stirling
Assistant County Attorney
-tt" L<. <.~~
This ordinance filed with the
Secretary of State's OffJl:e the
llP""doy of .t\pn\ ,''/'=7
ond acknowledgement o~ that
filinl;ceived this ~ day
of ; \ '2..007
By -J1l_-JL,V~
_c
PUDZ.2006.AR.9716
LIEBIG
A
COMMERCIAL PLANNED UNIT DEVELOPMENT
4.3:t Acres Located in
Section 1, Township 50 South, Range 25 East
Collier County, Florida
PREPARED FOR:
3301 Westview Drive, LLC
501 Airport Pulling Road South
Naples, Florida 34104
And
3375 Westview Drive, LLC
501 Airport Pulling Road South
Naples, Florida 34104
PREPARED BY:
Q, Grady Minor & Associates, PA
3800 Via Del Rey
Bonita Springs, Florida 34134
DATE FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
Exhibit "A"
C+/lof 2LJb 7
?.Dot- 3(,
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SHORT TITLE
ij
iii
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
COMMERCIAL
1-1
SECTION II
2-1
SECTION III
DEVELOPMENT COMMITMENTS
3-1
PUD document revised 3-20-07
11
EXHIBIT A
EXHIBIT B
EXHIBIT C
PUD document revised 3-20-07
LIST OF EXHIBITS AND TABLES
CPUD Conceptual Master Plan
Boundary Survey
Location Map
1Il
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the 3301 Westview Drive LLC and
3375 Westview Drive LLC, hereinafter referred to as the developer, to create a
Commercial Planned Unit Development (CPUD) on 4.3:t acres of land located in Section
1, Township 50 South, Range 25 East, Collier County, Florida. The name of this
Commercial Planned Unit Development shall be Liebig CPUD. The development of this
site will comply with the planning goals and objectives of Collier County as set forth in the
Growth Management Plan (GMP), and the Land Development Code (LDC).
1. The subject property is located in the Urban Mixed Use District, Urban Residential
Subdistrict of the GMP. The property has been deemed "improved property" under
Policy 5.9 of the Future Land Use Element (FLUE), and is referenced as "improved
property" on FLUE Map #11, Properties subject to Policy 5.9 are consistent by
Policy with the GMP,
Under FLUE Policy 5.1, properties deemed consistent with the FLUE under Policy
5.9, are eligible for zoning changes, provided the amount of industrial, commercial,
residential or overall intensity of development permitted by the new zoning district is
not increased. The Liebig CPUD identifies a permitted schedule of land uses, a
maximum intensity of development and development standards demonstrating a
reduction in the overall intensity of development from the present I, Industrial
Zoning District. Through the Planned Unit Development zoning process, the
developer can more appropriately demonstr!3te compliance with Policy 5,1 of the
FLUE by limiting land uses to those deemed to be less intensive and more
compatible than those presently authorized in the I, Industrial District. The majority
of land uses permitted within the Liebig CPUD are similar in nature to those found
in the C-1 through C-4 Zoning Districts.
2, The Liebig CPUD is a commercial infill project of approximately 4,3 acres and has
existing commercial and industrial development along its north, east and south
property boundaries.
3, The Liebig CPUD is compatible with and complementary to existing and zoned
future land uses surrounding the project as required in Policy 5.4 of the FLUE,
4. Site and building improvements will be in compliance with applicable land
development regulations and development regulations specified herein,
5. The development of Liebig CPUD will result in a well-designed retail and office
project, through coordinated and regulated signage, building design, vehicular and
pedestrian access, and landscaping and will further the intent of Policies 3.1,E and
F of the FLUE.
6. The development of Liebig CPUD will be designed in a manner consistent with
Objective 7, Policies 7.1, 7.2, 7.3 and 7,5 of the Transportation Element of the
GMP, which address access management, on-site traffic and pedestrian circulation,
PUD document revised 3-20-07
IV
and compliance with the Collier County Streetscape Master Plan. Vehicular
interconnections to adjacent developed properties are not possible; however, the
developer shall provide pedestrian access to the existing sidewalk adjacent to
Airport Road,
7. The development of Liebig CPUD will result in an efficient and economical
extension of community facilities and services as required in Objective 3 of the
FLUE,
8. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance,
PUD document revised 3-20-07
v
SHORT TITLE
This ordinance shall be known and cited as the "LIEBIG COMMERCIAL PLANNED UNIT
DEVELOPMENT ORDINANCE,"
PUD document revised 3-20.07
VI
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of
Liebig CPUD, and to describe the existing conditions of the property proposed to be
developed,
1.2 LEGAL DESCRIPTION
PARCEL A - (OR. 3178, PAGE 2581)
COMMENCING A T THE SW CORNER OF THE NW 1/4 OF THE NW 1/4 OF
SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NW 1/4 OF THE NW
1/4 OF SAID SECTION 1, NORTH 89021'20" EAST, 93.50 FEET TO THE EAST
RIGHT-OF-WAY LINE, NORTH 00029'00" WEST, 334.10 FEET TO THE PLACE
OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
CONTINUING ALONG THE EAST RIGHT-OF-WA Y LINE, NORTH 00029'00"
WEST, 334,10 FEET,' THENCE ALONG THE NORTH LINE OF THE SW 1/4 OF
THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 1, NORTH 89018'30" EAST,
253.00 FEET,' THENCE SOUTH 00029'00" EAST, 334.20 FEET; THENCE
SOUTH 89019'55" WEST, 253.00 FEET TO THE PLACE OF BEGINNING.
PARCEL B - (O.R. 3178, PAGE 2587)
COMMENCING A T THE SW CORNER OF THE NW 1/4 OF THE NW 1/4 OF
SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA; THENCE ALONG THE SOUTH LINE OF THE NW 1/4 OF THE NW
1/4 OF SAID SECTION 1, NORTH 89021'20" EAST, 93.50 FEET TO THE EAST
RIGHT-OF-WA Y LINE, NORTH 00029'00" WEST, 334.10 FEET; THENCE
NORTH 89019'55" EAST 253.00 FEET TO THE PLACE OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED; THENCE NORTH 00029'00" WEST
334.20 FEET,' THENCE ALONG THE NORTH LINE OF THE SW 1/4 OF THE
NW 1/4 OF THE NW 1/4 OF SAID SECTION 1, NORTH 89018'30" EAST, 313.00
FEET; THENCE SOUTH 00045'25" EAST, 334.33 FEET,' THENCE SOUTH
89019'55" WEST, 314.61 FEET TO THE PLACE OF BEGINNING.
BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE SW 1/4
OF THE NW 1/4 OF THE NW 1/4 SECTION 1, TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N 89018'30" E.
1.3 PROPERTY OWNERSHIP
Folio Number 00384920000:
3301 Westview Drive, LLC
501 Airport Pulling Road South
Naples, Florida 34104
PUD document revised 3-20.07
1,1
Folio Number 00385400008:
3375 Westview Drive, LLC
501 Airport Pulling Road South
Naples, Florida 34104.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The Liebig CPUD is a 4,3:t acre commercial development containing a
variety of retail, office and service uses primarily found in the C-1 to C-4
commercial Zoning Districts, with a limited number of C-5 commercial land
uses which are compatible with the surrounding office, retail commercial and
industrial land uses,
B. The CPUD Master Plan is illustrated graphically as Exhibit A. A Land Use
Summary indicating approximate land use acreage is shown on the Plan,
The location, size, and configuration of the buildings shall be determined at
the time of County development approvals in accordance with the LDC,
C, The project shall contain a maximum of 50,000 square feet of gross leasable
area.
TYPE
UNITS/SQ, FT.
ACREAGE
Commercial
Dry detention / buffers /
other open space
50,000
3,28:t
O,45:t
30' Right-of-Way Easement 0.39:t
TOTAL ACRES 4,3:t
PUD document revised 3-20~07
1-2
SECTION II
COMMERCIAL DISTRICT
"e"
2.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for areas within the Liebig CPUD designated Commercial on the Master
Plan,
2.2 GENERAL DESCRIPTION
A. Areas designated as commercial on the CPUD Master Plan are intended to
provide a maximum of 50,000 square feet (gross leasable area) of permitted
land uses as conceptually depicted on the Master Plan.
2.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1, Apparel and accessory stores (Groups 5611-5699)
2. Automobile dealerships, new and used (Groups 5511, 5521)
3, Auto supply stores (Group 5531)
4. Business services (Groups 7311,7322-7331,7336,7338,7371-7376,
and 7379)
5, General merchandise stores (Groups 5311-5399)
6, Engineering accounting, research, management and related services
(Groups 8711-8733,8741-8743,8748)
7, Executive and legislative offices (Groups 9111, 9131)
8, Health services (Groups 8011-8049, 8071-8092)
9. Holding and other investment offices (Groups 6712-6799)
10. Home furniture stores and furnishings (Groups 5712-5736)
11, Insurance carriers and agents (Groups 6311-6399, 6411)
12. Legal services (Group 8111)
13, Miscellaneous retail (Groups 5912,5941-5949,5992 and 5995)
14, Real estate (Groups 6512-6553)
15, Security and commodity brokers (Groups 6211-6289)
16, Tax return preparation (Group 7291)
B, Permitted Accessory Uses and Structures
1, Accessory uses and structures customarily associated with principal
uses permitted in this District, including automotive repair, service
and washing in conjunction with automobile sales and service,
PUD document revised 3-20-07 2-1
2, Covered parking, which may be free-standing or integral to the
principal structure.
2.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 10,000 square feet for fee simple lots; however, there
shall be no minimum lot area for condominium parcels.
B. Minimum Lot Width: 100 feet for fee simple lots; however, there shall be no
minimum lot width for condominium parcels.
C, Minimum Yard Requirements:
1, Principal Structure Setbacks:
a) Airport Road: Fifty feet (50')
b) Westview Drive: Twenty-five feet (25')
c) Distance Between Principal Structures: Twenty-five feet (25')
d) Minimum Building Setback from Non-Right-of-Way Perimeter
Project Boundary of CPUD: Twenty-five feet (25')
e) Intemal Lot Line (if applicable): Ten feet (10')
2) Accessory Structure Setbacks: Single Story
a), Front: Twenty-five feet (25')
b), Side: Fifteen feet (15')
3) Accessory Structure Setbacks: Multiple Story
a), Front: Thirty-five feet (35')
b). Side: Fifteen feet (15')
D, Maximum Height:
1, Principal Structures:
Zoned Height:
Actual Height:
Forty-five feet (45'),
Fifty-five feet (55').
2, Accessory Structures: Thirty-five feet (35').
PUD document revised 3-20-07
2-2
SECTION III
DEVELOPMENT COMMITMENTS
3,1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
3.2 TRANSPORTATION
A. Arterial level street lighting shall be provided at all access points, Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO),
B. 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 CO,
C, 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 LDC, as it may be amended, Collier County
reserves the right to modify or close any median opening 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,
D, Collier County reserves the right to close or reduce vehicular access on
Airport Road and creation of such an access shall not be cause for any
future cause of action or damage against the County. Access restrictions
may include shared access with adjacent properties or egress only
movements, The developer shall provide for potential interconnection to the
property immediately north of the project site and shall be operated and
maintained by the developer, his successors in title, or assigns.
E, All intemal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and
maintained by the developers, his successors in title, or assigns,
F. If any required tum lane improvement requires the use of an existing County
right-of-way or easement, compensating right-of-way shall be provided
without cost to Collier County as a consequence of such improvement.
Should ingress occur onto Airport Road, the access point shall be located
near the northern property line and a turn lane shall be required at time of
SDP approval.
G. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
PUD document revised 3-20-07 3-1
device, sign or pavement marking improvement within a public right-of-way
or easement is determined to be necessary, the cost of such improvement
shall be bome by the developer and shall be paid to Collier County before
the issuance of the first CO.
3.3 AFFORDABLE HOUSING
Collier County and the developer of the Liebig CPUD have cooperated to
address affordable housing impacts associated with the project. The developer,
or its successors and assigns, shall make a financial contribution to Collier
County in the amount of $,50 per square foot of gross leasable commercial
building area constructed within the CPUD. This contribution shall be paid within
seven days of the issuance of a CO for the improvement receiving the CO, The
payment of this contribution shall be credited to the project's obligations to pay
affordable or workforce housing fees that may be adopted in the future by Collier
County.
PUD document revised 3-20-07
3-2
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LIEBIG CPUD
EXHIBIT C
LOCATION MAP
LOCATED IN SECTION 1, TOWNSHIP 50 EAST, RANGE 25 SOUTH,
COLLIER COUNTY, FLORIDA
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Q. GRADY MINOR AND ASSOCIATES, PA
CIVILEN<JINEERS . lAND SURVEYORS . PLANNERS. lANDSCAPEARC'HITECTS
3IlOO VIA on ilH BONITA SPAll'IGS. FlORIOA :14134 WWW.GAAOYMlNOR.CO..
PHONE:12Jgj9001-1'" FM:[2J9J1M1.ol75
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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 2007-36
Which was adopted by the Board of County Commissioners
on the lOth day of April, 2007, during Regular Session,
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of April, 2007.
DWIGHT E, BROCK
Clerk of Courtsanp~~;erk
Ex-officio to Board"of :-
County Commissioners
~~.
By: Martha Vergara'"
Deputy Clerk