Ordinance 99-53
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ORDINANCE 99--5L ~ (,
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AN ORDINANCE AMENDING ORDINANCE ..-., ,~ I.......
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
- COUNTY, FLORIDA, BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBER 9502N
BY CHANGING THE ZONING CLASSIFICATION
OF THE HEREIN DESCRIBED REAL PROPERTY
FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS W ALGREENS PUD,
FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF AIRPORT-PULLING
ROAD (~.R. 31) AND V ANDERBIL T BEACH
ROAD (C.R. 862), IN SECTION 2, TOWNSHIP 49 ;:;!o
SOUTH, RANGE 25 EAST, COLLIER COUNTY, -
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FLORIDA, CONSISTING OF 15.68:1: ACRES; r:;u '-0
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PROVIDING FOR THE REPEAL OF ORDINANCE ~~.::~.:: c::: '1
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NUMBER 98-84, THE FORMER W ALGREENS c I .-.e....
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PUD; AND BY PROVIDING AN EFFECTIVE ("l -,
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WHEREAS, Bob Thinnes, AICP of Q. Grady Minor & Associates, P.A., representing
Olympia Development Group, Inc., 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;
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 2,
Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A",
which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map
number 9502N, as described in Ordinance Number 91-102, the Collier County Land Development
Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 98-84, known as the Walgreens PUD, adopted on October 13, 1998 by
the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
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SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~~ay of a- *'~ , 1999.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
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Attt$t as to ,Chairun's
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Xpprove as 1<' orm and
Legal Sufficiency
This ordinance filed with the
})la"-:IOI<{ ,,'!n) (It{,{.Lt;. -tl t Secretary of State's Office the
~_ day of _~I 17"
Marjorie' M. Student and Qcknow!edg~ ent of that
Assistant County Attorney filing received this ~ day
of~ IU1
By 711 ~u~.:.: J~_
Deputy Clerk
g/admin/sue/PUD-98-05(1 )/Ordinance
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WALGREENS
A
PLANNED UNIT DEVELOPMENT
Regulations and Supporting Master Plan
Governing the Walgreens PUD A Planned
Unit Development Pursuant to Provisions of
The Collier County Unified Land Development
Code
Prepared For:
Olympia Development Group, Inc.
2454 McMullen Booth Road
Suite 421
Clearwater, FL 33759
Prepared By:
Bob Thinnes, AICP
Q. Grady Minor and Associates, P.A.
Civil Engineers . Land Surveyors . Planners
3800 Via Del Rey
Bonita Springs, FL 34134
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Date Filed 05/05/98
Date Approved by Bee 10/13/98
Revision Per BeC 10/15/98
ORDINANCE NUMBER 98-94
Revision Per BCC " "'4.5".3
ORDINANCE NUMBER
F:WALOllEEN\WAL,PUDA EXHmIT II A II
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TABLE OF CONTENTS
Statement of Compliance
SECTION 1 Property Ownership & Description (1)
SECTION 2 Project Development Requirements (3)
SECTION 3 Commercial Plan (6)
SECTION 4 Development Commitments (11)
EXHIBIT A Master Plan
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StATEMENT OF COMPLIANCE
The development of approximately 15.68 :t acres of property in Collier County, as a
Commercial Planned Unit Development to be known as Walgreens PUD, will be in compliance
with the goals, objectives and policies of Collier County as set forth in the Orowth Management
Plan. The project wiH be consistent with the growth pohcies, land development rt:gulations and
applicable comprehensive planning objectives of each of the elements of the Growth Management
Plan for the following reasons:
Activitv Center Development
1. The subject property is located in an area identified as an Activity Center in
the Collier County Growth Management Plan.
2. Activity Centers are the preferred locations for the concentration of commercial
and development activities that contain a mixture of uses.
3. The subject tract is located on the southwest comer of Airport-Pulling Road (CR-
31) and Vanderbilt Beach Road (CR-862) intersection. This strategic location
allows the site superior access for the placement of commercial activities.
4. The project is in compliance with all applicable County regulations including the
Growth Management Plan.
5. The project will be served by a complete range of services and utilities as
approved by the County and/or the City of Naples.
6. The project is compatible with adjacent land uses through the internal
arrangement of structures, the placement of land use buffers, and the proposed
development standards contained herein.
7. The Planned Unit Development includes open spaces and naturalized open
- features which serve as project amenities.
8. All final local development orders for this project are subject to the Collier
County Adequate Public Facilities Ordinance.
(i)
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SECTION 1
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 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 Walgreens PUD.
1.2 LEGAL DESCRIPTION
PROPERTY DESCRIPTION
North 1/2 of the Northeast 1/4 of Northeast 1/4 of Northeast 1/4 of Section 2, Township 49
South, Range 25 East, Collier County, Florida. Less and excepting the Eastern I 00 feet
thereof.
And
The Northwest quarter (NW 1/4) of the Northeast quarter (NE 1/4) of the Northeast quarter
(NE 1/4) of Section 2, Township 49 South, Range 25 East, Collier County, Florida, less the
following described parcel: Commencing at the Southwest corner of the West 1/2 of the
Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 Section 2, Township 49 South, Range
25 East, Collier County, Florida; thence North 10 52' 31" West 435.60 feet along the West line
of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said
Section 2; thence South 890 57' 36" East 150.00 feet parallel and 435.60 feet from the South
line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said
Section 2; thence South 10 52' 31 It East 435.60 feet parallel and 150.00 feet from the West line
of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said
Section 2; thence North 890 57' 36" West 150.00 feet along the South line of the West 1/2 of
the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said Section 2 to the Point of
Beginning. Bearings based on Emerald Lakes at Bridget Lake Plat Book 15, pages 45 and 46.
.~ Containing 15.68 Acres more or less.
(1)
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1.3 PROPERTY OWNERSHIP
The subject property is' currently under the ownership of Rose Mary Wuerz as Trustee
of the Vanderbilt Beach Road Land Trust c/o Christopher Smith, Naples Realty
Company, Inc., 6871 Bottlebrush A venue, Naples, Florida. Olympia Development
Group, Inc. has a Purchase and Sale Agreement to purchase the property for the intended
use of retail and office development.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located in the NE 1/4 of Section 2, Township 49 South, Range
25 East, at the southwest comer of the intersection of Airport-Pulling Road and
Vanderbilt Beach Road. The property is currently vacant.
B. The zoning classification of the subject property prior to the date of this approved
PUD Document was A and PUD. The westerly 10:t acres is zoned PUD for the
La Fontana PUD, while the easterly 5:1: acres is zoned A, agriculture. The effect
of the approved PUD will be a rezoning of the subject property to Walgreens
PUD.
1.5 PHYSICAL DESCRIPTION
Elevations within the project site range from 7.3 to 13.5 feet NGVD. All of the site is
in Flood Zone "x" according to Firm Map 120067-0385 D, effective date of June 3,
1986.
The soil types on the site are Immokalee fme sand and Basinger fine sand.
1.6 PROJECT DESCRIPTION
The project will be a high quality community shopping center with a maximum of
156,800 gross square feet of commercial development. The Walgreens PUD may be
developed as a single hotel site with a Walgreens drugstore as an outparcel or any
combination of outparcels, hotel and shopping center. The number of hotel units shall
be calculated at a rate of 26 units per acre based upon the area of the propeny utilized
as the hotel site.
.- 1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Walgreens PUD Planned Unit
Development Ordinance".
(2)
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SECTION 2
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
developmcmt, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of Walgreens PUD shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and
Growth Management Plan in effect at the time of building permit application.
Where these regulations fail to provide developmental standards then the
provisions of the most similar district in the Collier County Land Development
Code shall apply.
B. Unless otherwise noted, the definitions of al,1 tenns shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed for the development of Walgreens PUD shall become part
of the regulations which govern the manner in which the PUD site may be
developed.
D. Except as modified by this PUD, the provisions of the Collier County Land
Development Code remain in full force and effect with respect to the development
of the land which comprises this PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3. 15 Adequate Public
Facilities Section of the Collier County Land Development Code at the earliest
~ or next to occur of either final SDP approval, final plat approval or building
permit issuance applicable to this development.
(3)
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Conceptual Master Plan is illustrated graphically by Exhibit II A ",
PUD Master Plan. The project shall have a maximum of 156,800 gross square
feet of commercial development. The Walgreens PUD may be developed as a
single hotel site with Walgreens as an outparcel or any combination of
outparcel(s), hotel and/or shopping center. If a mixed use development, the
number of hotel units shall be calculated at a rate of 26 units per acre based upon
the hotel site area. Exhibit II A" graphically depicts the two access points to
Vanderbilt Beach Road and a single access to Airport-Pulling Road. Road rights-
of-way, internal circulation, water management, native vegetation and buffers are
depicted on Exhibit II A ". In general, the commercial uses would be located in
close proximity to the on-site circulation.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat for all or part of the PUD, fmal plans of
all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the PUD Master Plan, the
Collier County Subdivision Code and the platting laws of the State of Florida.
B. Exhibit II A ", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat,
if applicable, shall be submitted for the entire area covered by the PUD Master
Plan. Any division of property and the development of the land shall be in
compliance with Division 3.2 of the Collie~ County Land Development Code and
the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code,
when applicable, shall apply to the development of all platted tracts or parcels of
land as provided in said Division prior to or concurrent with the issuance of a
building permit or other development order.
D. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
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(4)
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2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the;: subsequent
purchasers of property within said development in which the common interest is located,
that developer entity shall provide appropriate legal instruments for the establishment of
a Property Owners' Association whose function shall include provisions for the perpetual
care and maintenance of all common facilities and open space subject further to the
provisions of the Collier County Land Development Code, Section 2.2.20.3.8.
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(5)
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SECTION 3
. COMMERCIAL PLAN
3.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and development
standards that will be applied to the 15.68:t acre Walgreens PUD. The entire site will
be developed as a commercial project. All numerical group references are from the
"Standard Industrial Classification Manual - 1987".
3.2 USES PERMITTED
No building or structure or part thereof, shall be erected, altered or used or land uses,
in whole or part, for other than the following:
A. Permitted Principal Uses and Structures (uses are set forth in SIC Code):
1. Agricultural Services (groups 0741 except outdoor kenneling, 0742 except outdoor
kenneling, 0752-0783 except outdoor kenneling).
2. Amusements and recreation services (groups 7911-7941, 7991-7993, 7997, 7999).
3. Apparel and accessory stores (groups 5611-5699):
4. Automotive dealers and gasoline service stations (groups 5511,5531,5541 in accordance
with the requirements of section 2.6.28 of the Collier County Land Development Code
and Groups, 5571, 5599 new vehicles only).
5. Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group
7542), provided that carwashes abutting residential zoning districts shall be subject to the
following criteria:
a. Size of vehicles: Carwashes designed to serve vehicles exceeding a capacity
rating of one ton shall not be allowed.
b. Minimum yards:
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1. Front yard setback: 50 feet
2. Side yard setback: 40 feet
3. Rear yard setback: 40 feet
(6)
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c. Minimum frontage: A carwash shall not be located on a lot with less than 150
feet of frontage on a dedicated street or highway.
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d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a masonry or
equivalent wall constructed with a decorative finish, six feet in height shall be
erected along the lot line opposite the residential district for a distance not less
than 15 feet. The wall shall be located within a landscaped buffer as specified
In section 2.4.7 of the Colliel County Land Development Code. An walls shaH
be protected by a barrier to prevent vehicles from contacting them.
f. Architecture. The building shall maintain a consistent architectural theme along
each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise
Control Ordinance [Code ch. 54, art. IV].
h. Washing and polishing. The washing and polishing operations for all car washing
facilities, including self service car washing facilities, shall be enclosed on at least
two sides and shall be covered by a roof. Vacuuming facilities may be located
outside the building, but may not be located in any required yard area.
1. Hours of operation. Carwashes abutting residential districts shall be closed from
10:00 p.m. to 7:00 a.m.
6. Building materials, hardware and garden supplies (groups 5231-5261).
7. Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable
toilet and oil field equipment renting and leasing, groups 7361-7397 except armored car
and dog rental, group 7389 except auctioneering, bronzing, field warehousing, salvaging
of damaged merchandise).
8. Communications (groups 4812-4841) including communications towers up to specified
height, subject to section 2.6.35 of the Collier County Land Development Code.
9. Commercial printing (group 2752, excluding newspapers).
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10. Eating and drinking establishments (groups 5812, 5813) excluding bottle clubs. All
establishments engaged in the retail sale of alcoholic beverages for on-premise
consumption are subject to the locational requirements of section 2.6.10 of the Collier
County Land Development Code.
(7)
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11. Engineering, accounting, research, management and related services (groups 8711-8748).
12. Food stores (groups 54tl-5499).
13. General merchandise stores (groups 5311-5399).
14. Glass and glazing work (group 1793).
15. Hardware stores (group 5251).
16. Health services (groups 8011-8049,8051-8059, 8062-8069, 8071-8072 and 8092-8099).
17. Home furniture, furnishing and equipment stores, (groups 5712-5719,5722,5731-5736).
18. Hotels and motels (group 7011).
19. Insurance agents, brokers and service (group 6411).
20. Legal Services (group 8111).
21. Membership organizations (groups 8611-8699).
22. Miscellaneous repair services, except aircraft, busi,ness and office machines, large
appliances, and white goods such as refrigerators' and washing machines (groups 7629-
7631).
23. Miscellaneous retail (groups 5912-5963, 5992-5999).
24. Motion picture theaters (group 7832).
25. Museums and art galleries (group 8412).
26. Nondepository credit institutions (groups 6111-6163).
27. Paint, glass and wallpaper stores (group 5231).
28. Personal services (groups 7215, 7217, 7219-7261 except crematories, groups 7291-7299).
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29. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-
9661) .
30. Real estate (group 6512).
31. Retail nurseries, lawn and garden supply stores (group 5261).
(8)
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33. Social services (groups 8322-8399, except for homeless shelters and soup kitchens).
34. United States Postal Sewice (group 4311 except major distribution center).
35. Veterinary services (groups 0742, 0752 excluding outside kenneling).
36. Videotape rental (group 7841).
37. Vocational schools (groups 8243-8299).
38. Merchandise storage and display: Unless specifically permitted for a use, outside storage
or display of merchandise is prohibited.
B. Permitted Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
39. Depository Institutions (Groups 6011 - 6099).
40. Any other use which is comparable in nature with the foregoing uses and which the
Planning Services Director determines to be compatible in the District.
3.3 DIMENSIONAL STANDARDS
The following dimensional standards shall apply to all permitted and accessory uses:
A. Minimum Lot Area: Ten Thousand (10,000) Square Feet.
B. Minimum Lot Width: One Hundred Fifty (150') Feet
C. Minimum Yard Requirements:
1. Front Yard:
a. Vanderbilt Beach Road
and Airport-Pulling Road: The distance equal to the height of the
building, but no less than twenty-five
- feet (25').
b. Internal: Twenty-five feet (25')
(9)
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2. Side Yard: Fifteen feet (lS')
3. Rear Yard: Fifteen feet (lS')
4. Waterfront: Twenty-five feet (205')
S. Building Separation for
Principal Structures Fifteen feet (15') or distance equal to
one half (1/2) the sum of their
heights, whichever is the greater.
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F:WALGREEN\WAL,PUDA (10)
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SECTION 4
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with the Final Site Development
Plan and all applicable State and local laws, codes and regulations applicable to this
PUD. Except where specifically noted or stated otherwise, the standards and
specifications of the Land Development Code, Division 3.2, shall apply to this project
even if the land within the PUD is not to be platted. The developer, his successor and
assigns, shall be responsible for the commitments outlined in this document.
The developer, his successor or assignee, shall follow the Master Plan and the
regulations of the PUD as adopted and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title
to the developer shall be responsible for any commitments within this agreement.
4.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special land
use boundaries shall not be construed to be final and may be varied at any
subsequent approval phase. Subject to the provisions of Section 2.7.3.5 of the
Land Development Code, changes and amendments may be made from time to
time.
B. All necessary easements, dedications or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
- PROVISION
This pun shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
(11)
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4.5 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Arterial level street lighting shall be provided at all project access points prior to
the issuance of any Certificate of Occupancy.
B. Access points shall be coordinated with adjacent development to the west and to
the north, such that future traffic signalization may be accommodated.
C. Turn lanes shall be provided consistent with Ordinance 93-64 along with
compensating right-of-way prior to the issuance of any Certificate of Occupancy.
D. The County reserves the right to modify, including full closure, any median
opening serving this project.
E. The applicant or his successor in title shall be responsible for a fair share
contribution toward any future traffic signal serving any access point for this
project.
4.6 WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and governed by the
following condition:
Water Management design and construction shall conform to Division
3.3.5.5.5.4. of the Collier County Land Development Code.
4.7 UTILITffiS
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
Water distribution, sewage collection and transmission and interim water and! or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
- No. 88-76, as amended and other applicable County rules and regulations.
(12)
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4.8 ENGINEERING
The development of thIs PUD Master Plan shall be subject to and governed by the
following conditions:
Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code,
Division 3.2.
4.9 ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Petitioner shall retain 1.27 acres of native vegetation on site or mitigate as
required in section 3.9.5.5.4 Collier County Land Development Code.
B. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for
the site, with emphasis on areas of retained native vegetation, shall be submitted
to Current Planning Environmental Staff for review and approval prior to final
site plan/construction plan approval.
C. This project is located within a Collier County Groundwater Protection Zone and
shall comply with the appropriate sections of the Groundwater Protection
Ordinance No. 91-103 in effect at the time of final development order approval.
4.10 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4
of the Collier County Land Development Code in effect at the time of building permit
application.
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(13)
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STATE OF FLORIDA)
COUNTY OF COLLIER)
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I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-53
Which was adopted by the Board of County Commissioners on the
3rd day of August, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 4th day of August, 1999.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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By: Ellie Hoffman,
Deputy Clerk
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