Ordinance 76-55672 , E 03
ORDZN~U~CE NO. 76 - .5.5
AN ORDINANCE AMENDING ORDINANCE 76-30 THE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF THE
COASTAL AREA PLANNING DISTRICT OF COLLIER COUNTY,
FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSI-
FICATION OF THE PROPERTY DESCRIBED BELOW FROM
"RR-2" RESIDENTIAL MULTIPLE FAMILY TO A "PUD"
PLANNED UNIT DEVELOPMENT AND PROVIDING AN
EFFECTIVE DATE ~
~IEREAS, Scott Lutgert, representing Park Shore, a
corporation, petitioned the Board of County Commissioners of
Collier County, Florida, to change the zoning classification of
the real property hereinafter described,
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida~
SECTION ONE,
The Zoning Classification of the hereinafter described
real property in Collier County, Florida, is changed from
Residential Multiple Family to "PUD" Planned Unit Development
and is subject to all conditions hereinafter described, and the
Official Zoning Atlas Map Number 49-25-5 is hereby amended
accordingly:
Vinos & Associates Inc
Orban plnnnlng,land planning
1170 third street south
naples florida 33940
813.642.4164
672
May 24, 1976
Revised to ¢onl'orm to actlon of CAPC
November 18, 1976
William R Vinos, prosldent
moml:~', Amerk:an Instilule of Ranne~
PARK SHORE UNIT 5
A Planned Unit Development
BACKGROUND INFORMATION
~1 Status.
On January 9, 1968~ the overall Park Shore Plan, ln¢[udlng all five
unlts~ was approved by the Board of County Commtssloners~ and zoning
to accommodate the entire development plan was approved. Zoning
established fore the Unit 5 area was A4F-5 and MF-3W. Subsequent
modlf'icatlons to the County Zoning Ordinance converted both the' AaJ:-5
and lbo MF-3W zoned areas within Unlt 5 to RM-2.
Proposed Change In Exlstln~l Status.
It h proposed that Unlt 5 be converted to PUD zonlng.
Ce
General Descrl_ption of Pro~
The essential development components o~r Park Shore Unit 5 are as follows:
1. Slles t'or tall elevator apartments~ along the Gulf.
2. Three large beachfronf commons.
3. Two access commons areas located on the beach side of Gulf Shore
Boulevard.
Three bayfront townhouse apartment cjuster sites,
A 20-ft. wide easement whlch will provide beac~ access for emergencyt
malntenancet and other authorized vehlcJes~ together with a pedestrian
beach walk connecttng the olr~rstreet parking facilities on Gulf Shore
Blvd. to the beach.
Boat docks, extending into the waters of Venetian Bay.
A portion alr Gulf Shore Blvd.
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Ownership_.
Ail lands w~th[n Pork Share Unit $ are owned by Park Share, a Partner-
ship.
Development and .Sales Mechanism.
Basic land improvements within Park Shore Unlt 5 will be accomplished
by Park Shore, a partnership, which Is the development organ;zat$on.
Buildings wlth;n Park Shore Unit 5 will be developed by Park Shoret a
Partnership, and/or by development groups who will acquire building
parcels from Park Shore, a partnership. Administrative and sales offices
are mo;ntalned and operated by the development organization in Park
Share Unit 2. Tho development organization ma;nta)'ns Its own marketing
Forces and also markets in a conventional manner through all other area
real estate organ;zatlons.
SPECIFIC PROJECT INFORMATION
a. Description of Project Parttclpants.
Developer: Park Shore, a Partnershlp, 4050 Gulf Shore Blvd., North,
Naples, Florida 33940.
Land Planner: WlllJam R.~ Vines~ A.I.P.~ 117~ Third Street~ South,
Naples, Florida 33940.
Project Engineers: Wilson, Miller, Barton, Soll& Peekt Inc., 1383 AJrpart Road~
North~ Naples, Florida 33940.
TraFFic Engineers: Wilbur SmJth &Assoc]ates, Inc., 8420 NW 52nd SI'.,
Miami, Florlda 33166.
Environmental Consultants: Tropical BiolndustrTes Development Company,
9000 SW 87 Court~ M;amT, Florida 33176.
Attorney: Vega, Brown & Nichols, 2660 Airport Road~ Naples~ Florida 33940.
Le~ral De_scripHon of Subject _Property.
Commencing at the Northeast Corner of Government Lot 2 of Section 16~
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Township 49 South, Range 25 East, Collier County, Florida sald Corner
being also the Northeast Corner of Lot 8 of Block 35 of Park Shore
Unlt 14 occordlng to the plat thereof as recorded in Plot Book lot pages
101, 102, and 103, Collier County Public Records, Collier County,
Florida; thence along the north line of sald Government Lot 2, along
the north line of said Park Shore Unit No. 4~ and along the South llne
ot' Seagate Subdlv~slon Unlt No. ! according to fha plat thereof as re-.
corded In P1at Book 3~ page 85, Cailler County Public Records, Cailler
County, Florida, South 89*-25'-50" West 1330.53 feet to the West ilne
of sald Park Shore Unit No. 4 and the PLACE OF BEGINNING of the
parcel herein described;
thence along the West lines of said Park Shore Unit No. 4 In the
following described courses: South 37'-25~o50" West 250.89 feett
South 0'-34'-10" East 225.44 feet, South 26"-45'-30" East 632.19
feet and South 5*-09'-00" East 580.72 Feet to the Northwest Corner
of Park Shore Unit No. 3 according to the plat thereof as recorded
in Plat Book 8~ Pages 59and60, Collier County Public Records,
Collier County, Florida;
thence along the West line of sa~d Pork Shore Unlt No. 3~
South 5'-09'-00" East 1879.04 feet to the North line of Park Shore
Unit No.2 according to the plat thereof as recorded In Plat Book 8~
Pages 54 and 55, Collier County Public Records, Collier County~ Florida;
thence along the northerly lines of said Park Shore Unlt No. 2t In
the foIIowing descried courses: NortF ~4'-00~-00" West 433.25 feet,
North 2*-25'-00" West 97.35 Feet, South 87*-35'-00" West II0.00 feet~
and South 87*-00'-00" West 1160 feet more or less to the Mean High
Water line of the Gulf of Mexico;
thence along said Mean High Water line, northerly 3350 feet more or
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less to a polnt an the westerly extension of the South llne of sold
Seagate Sul:dlvls~on which South I~ne bears South 89~'-25'-50'' West
and passes thrc, ugh the Place of Beglnnlng~
thence along sold South I~ne and the Westerly extension thereof~
North 89°-25'-50'' East 1450 feet more or less to the Place of
Beg~nnlng.
Top~
Planned rnod~ficotlons of the orig~na! natural topographic conditions In
UnTt 5 arc ncar complete, In accord w~lh all ~equlred local~ state, end
federal permits. The only future topographic modifications which will
occur will be finish grad'~ng In connection with street constructlon~
individual building construction proIech~ and construction of a gulf-
front dune, In accord with plans approved by the D~vls~on of Beache~ &
Shores, State Department of Natural Resources.
Unlt $ contaSns 88.6 acre, of land, 29.4 acres of water~ for a gross
plaited area of 118 acres.
Density,
A maxlmum of 2,043 multi-family un[ts are planned for Unit 5's 118 gross
acres. The maximum gross project density will be 17.3 dwelling units
per acre. I~ the density is .calculated for the land area, exclusive al~ the
platted water area, the max{mum gross density figure is 23 dwelling
un{ts per acre. The planned maximum 2,043 multi-family dwelling units
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672
was derived by establishing a max?mum net dcnslty of 25 units per acre for the
beachrront lands lying west of' Gulf Shore Blvd., together with three bayfront
townhouse cjusters comprised of 33 dwelling un,ts each.
Natural Features,
Existing natural features which have been and are to be preserved consist of the
gull beacht foredunet and a sizeable portion of the native cabbage palm hammoclc
which lies landward of' the foredune. A man-made dune Is planned lo be constructed
along the rear portion of the natural foredune~ and stobllzed with native vegetation,
.. Traffic Wa s.
The only public street within Unit 5 is Gulf' Share Blvd. All other traffic clrculatlon
w~thln Unit 5 will occur on prlv. ate drives and over public easements. Gulf Shore Bird.
shall have a 110 ft. wide right of'way and shall be developed as a 4-.lane divided
faciHty. Attached to and made an Integral part of this PUD document is a schematic
trafficways entry and exit system for the commercial areas In Unit 2~ together with
lane control plans for the Gulf Shore Blvd./Park Shore Dr. Intersection. The traffic-
ways Iocatlon and traffic control facilities Indicated on this s~<etch shall be under-.
ta~<en at the expense of the Par~: Shore developert and os such ore lnt. egrol parts
of tho committed development improvements.
he
Fire Protection.
Unit 5 is In the North Naples Fire Control Dhtrlct. Access for fire control equip-.
ment, fire resistant constructtonv and Internal fire control featurest Including
stondpipes~ hoses and pressure pumps, In elevator structures~ will be provTded in
full compliance w~th C~ty, County~ Statet and National Fire Codes.
Utilltles.
The enllrety of Unit 5 will be supplied wlth central water and sewer servTce
by tho City of Naples. Electric powert telephone, and cable televl'slon
service is Io be underground throughout the proiect.
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Dela;led ConstrucHon Plans,
Engtneerlng plans for pavlng~ gradtngl dralnoge~ water supply system~
sonltary sawer collection system and sanitary sawer force main and
pump;ng stat;on will be prepared by the project engineers after the
preliminary suSdlvlslon plan is approved and prior to County approval
of the record plat Fei' Un~f 5.
II1 RECREATIONAL OPEN SPACE LANDS AND FACILITIES
Immediataly south of Unlt 5 a 200 ft. wide gulf-front park has been
dedicated to all property owners wlthln the entirety of the Park Shore
development. Also within UnH 2, a general public beach access polnt~
100 ftc In wldth~ has been eslabllshed and developed with 43 offstreet
parking spaces.
Beachffont park commons "U," "V~" and "W" are to be owned and/ar
leased by owners of dwellings In fha adjoinIng bulldlng sltes~ are lo be
natural san'd beach In parf~ landscaped open space In part~ and are fo
conlaln no structures other than small recrcaHonal shelters~ seat benches,
walkway~ ornamental rclalnlng walls, statuary~ fountains~ etc.
Tho previously mentioned artificial gulf-front dune wlll occur within
the beachfront commons areas. A beachfront pedestrian promenade will
extend the length of the beoch~ along the top of the artlflclal dune.
See EXHIBIT A.
In the easterly edges of the Gulf Shore Boulevard right of wayt inter-.
m;ttent pods of offstrcet Parking are planned~ along w~lh a baysh~e
sidewalk and soaring areas In landscaped strips fronting on the bay.
See EXHIBIT A.
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d. At tho north end oF Unlt 5 a public beech access walk will be developed,
between tho Gulf Shore l~Ivd, oFt'street parking areas and the beach.
A max;mu'n oF 167 boatslys may be constructed in Venetian Bay as shown
on EXIIII~IT A, provided however, that Ihe total number oF boatslips In
Un,ts 2 and 5 do not exceed a maximum oF 317. The first docks will be
developed and inlt~olly owned by the Park Shore developer. Subsequently,
dock ownership and/or dock construction rights may be transf'erred to an
owner's association or,other entity. Dock maintenance respanslblIltles will
be Ihat oF lhe c~vner. The boatsl~ps ore to be constructed In pace with
need. SIys shall be owned or leased~ and exclusively used by residents
or Unlt 5 and that portion oF Unit 2 lying north of the Park Shore bridge.
Slip focil~tles may be constructed either by the Pork Shore development
organization or by Park Shore Unit 5 condomIMum associations. The
minTmum sl~p lease period shall be 3 months. Subleases are prohibited.
Overnight lodging on boats ls prohTbitad. C~arter or other commercial
I'ishlng operations are prohlb~tod.
SPECIFIC DEVELOPMENT AREAS
a. Platted BeachFront Commons "U t, "V n and 'W"
Those beachFront commons lands, lying between the boochfron~ bullcfing
corridor and the Gulf of Mexico, shall function as permanent gulf-front
open space. The lands shall be owned and/or Permanently leased In
common by owners oF the property wlth~n the building corridor, shall
be commonly used by occupants of buildings in the building corrldor~
shall be devoted to landscaped open space and recreation facilities,
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end may only contain such structures os are necessary to thelr open
space and recreatlonal function. .1~o portion of' these ~ands shaI~ be
utNized for offstreet Fxar~<~ng or access ddves. It shall be the respon-
sibility of tho Unlt .5 developer, or bls successor in tiHe, to improve
and develop beachfront commons "U~" "V~" and "W." Prior to
develaF~nent of' the beochfront commons~ develoFrnent plans, inclucfing
~andscape plans, shall be submitted to and approved by the County
PlannTng Director.
Lots 16 thru 30.z Bloc~ 12.
These building sites shall bo used solely for multiple family
residences and customary multi-family residence accessory uses
and structures.
Setbac~<s - Prlncl. L~l and Accessor~
Any building housing accessory uses which is In excess of two stories
In height Is defined as a principal building. No building, principal
or accessory, shell be closer than 50 fi'. to a lot I~ne which abuts
a beachl'ront commons. No building shall be closer than 50 Irt. to
the Gulf Shore Blvd. right of way, or one-half its building helght~
whichever ~s greater. No building, pri'nclpal or accessory, shall be
closer to a side yard I~n~ than 25 ff.~ or one-half of Ihe building helght~
whichever is greater, except that ff adjoining lots ore jointly planned,
bu~ldlngs may be closer to their common s~de lines than required above,
so long as no two buildings on adio~ntng lots are closer together than
50 fi.. or one-half of their combined heights, whichever ls greater.
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No building, principal or accessory, shall be closer than 50 ft.
to an access commons lot line. Below ground and part;ally below
ground structures, prlnc~pal and accessory, which are covered with
landscaping and/or with outdoor recreational Facilities which are
no higher than 2 I't. above the finished grade, may be built within
requlred yards. No building, principal or accessory, shall be
constructed seaward oF the Coastal Setback Line unless necessary
variances from state and county agencies wlth Iurlscfictlon over the
Coastal Setback Line have been scoured.
Maximum Dens;ry.
25 dwelling un;ts per net acre. Individual lots within Block 12
may be developed to a higher or lawer density than 25 units per
acre, so long as the total dwelling un;ts developed on Lots 16 thru
30, Bloc~ 12, does'not exceed 25 unlts per acre.
Minimum Dwelling Unit Floor Area.
1,200 sq. ft.
Mini'mum Ol'f'street Parking.
1.75 spaces per c/welling unit, which may be located on the building
site and/or within the adjoining Parking commons. An add;tlonaI 0.25
parking spaces per dwelling unit shall be planned for future development,
it' needed, and until needed shall be landscaped and used as open space.
Mtn;mum Recreational O~
750 sq.ft, for efficiency or 1-bedroon~ apartments, 150 addltlonal
sq.ff, for each additional bedroom. Recreational open space In-
cludes landscaped ground area; ground and roof area which has been
developed for recreational use by apartment residents; and open
apartment balconies. Open space credited to each apartment pro-.
joct includes that which Is on the building s;te plus that which
occurs in the fractronal commons areas assigned to that building
site. (See Table Number
6. Height L~mltatlon.
None.
Access Commons nCn and "D,"
These platted tracts are to be used for common vehlcular access drTves;
vehicular parking, covered or uncovered; landscaping; ornamental entry
structures; statuary, I'ounlalns, walks, and public uHlltles facllltlas. Each
access commons will be owned, [mproved~ and maintained by the Park Shore
development organ~zatlon or the successor commons assoclatlon~ comprised
of owners of the four abutting lots, Parking spaces developed wTthln the
commons may be credited as part of the required parking for any adjoining
bu~ldlng, so long as each parking space Is credited only once. The
commons parking spaces shall be uHHzed as an overflow parking pool for
all Four abutting sTtes, and are not to be marked for use by a Parffcular
apartment or building. No covered parking structures within the access
commons shall be taller than one story, nor closer to Gulf Shore Blvd.
right of way than 50 I't.~ nor closer to any other boundary of the access
commons than 25 ft.
d. Blocks 36 37 and 38.
These platted B[oc~ are in part land and in part man-made waters
within Venetian Bay. These Blocks shall be used for multiple family
residential structures, offstreet parking, and accessory recreational
facillt;es, the res~dentlal structures may extend on pilings from the
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IZl l;..-:2! 121
land mass within tho platled Blocks over tho waters of' Venetian Bay~
so long as the structures extend no further Ihan the platted property and
building llm~t lines. Each of the platted Blocks constitutes a site fo~ a
33 dwelling unlt~ multiple family complex not exceeding 3-stories In
helgh~. Each Block shall bo provided wlth a mln~murn of' 66~ maximum
of 72 on site parking :paces. Minimum dwelllng unlt floor area shall
be 1,500 sq. ft. , except Ihat one managers apartment per Block whi'ch
shall be a min[mum of, 600 sq.ft. Principal buildings wlthln each
Block shall be no closer lo each other than 25 ft.
Landsca e Re ulroments I'n Offstreet Parki'n Areas...
WHh Ihe exception of Blocks 36, 37~ and 38t development of' off'street
Parking areas In Park Shore Unit 5 shall comply with County offstreet
parking area landscape requirements in force at tho time the Park Shore
PUD is approved. Landscaped buffers along the easterly edge of' Gulf,
Shore Blvd. rlght of' way, Pasltloned to screen/he of'Fstreet parking
areas In Blocks 36, 37t and 38~ shall be developed as lnc~cated on
lhe PUD plan, prior to or at the tlrne of construction of the offstreet
parking areas whi'ch they are to screen.
f. Si Re ulations.
Signs in Park Shore Unit 5 shall comply with County Zonlng
Regulations in force at the time of Park Shore Unit 5 PUD approval.
· Overnt ht Parkln Prohibited..
No commercial vehlcl% mobile home, motor home~ or recreat$onal
camper shall be parked overn?ght w[thln Park Shore Unit 5 except
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V
he
when such vehlcle ls parked on o construction s~te and h legStlmately
associated whh permitted construct;on acHy;ry.
Gomblln Donc'm and Sta ed EntertaTnment Proh;blted.
Gambllng, dancing and staged ontertalnment ls prohibited throughout
the enHrety of Park Shore UnTt 5. Staged entertainment Is considered
1o be a performance by one or more pa~d entertainers, taus;cai or other.
PRIVATE RESTRICTIVE COVENANTS
In addition to all development wlth~n Park Shore Unlt 5 being subiect to
these PUD standards and ell other applicable governmental regulations,
private rostrlctlva covenants will be established and pieced of record, which
will limit activities on the lands w~thln Unlt 5 In a manner whlch ls
commensurate wlth tho h~gh development and maintenance qual~ty standards
which have been set by lhe developer. The restr;ctlve covenants shall
provlde that building constructlon, once begun, shall be d;llgenlly continued
until completion; television or other antennas shell not be vlslble from the
streets, waterway, or other ad[o~nlng property; wlrTng of all kinds shall be
underground; pats shell be limited to dogs and cnts not bred or kept for
commerc;al purposes; clothesl;nes and dry;ng yards shell not be v;s~ble from
streets, waler,,vays, or adtolnTng property; properties shall be kept free of weeds,
underbrush, trash or other unsightly matter; ouh'Jde garbage and re[ruse containers
ih&Il be underground or ~n fully enclosed blns; noxious, offens;ve, or nuisance.-
some actlvitles are proh~blted; travel trailers or commercial vehTcles of any size or
tonnage shall not be Parked overnight; land elevaHon changes which lnteJerwlth
planned drainage or co, use other hardship to adiolnlng proparHes ore prahTblted. These
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672 r, itl6
covenants shall run with the land and are enforceable by the
h~s successors and osslgns~ or aggrieved property owners.
All of the recreatlonal and other commonly owned property withln Unlt 5
ls to be managed and malntatned by a property owners' asset?etlon mode up
or the owners of' properHes which include an undivided interest In the
commons. At the t~me oF purchase, each property owner commits to Fay'-
mcnfs oF asscssmcnts Icvlod by the property owners' associotlon oF which
he is a member, wlth the proceeds oF these assessments belng expended
upon management and maintenance ocHvil'ies wilhln the commons. Dater-.
mlnatlon oF what specific management and maintenance actlvltles to under-.
takev and what amounts to osse~s in order to accomplish Ihls work, Is
determined by the property owners' ossoclotjon board of directors.
Lot No.
(Block 12)
The following table provides slotlsfIca] data on Ihe various building sites within
Park Shore Unit 5~
TABLE NUMBER 1 Lot Area With
Equal Undlvlded
Lot Area Beach Commons Access Commons Commons Area Maximum Nc
(Acres) "U .... V" "W" "C" "D" Added (Acres) of' Dwellin
16 3.37 1.57 -
17 4.92 1.57 -
18 3.89 1.57 -
19 4.46 - 1.19
20 4.25 - 1.19
21 2.92 - 1.17
22 3.21 - 1.19
23 4.55 - 1.19
24 3.38 - 1.19
25 3.05 - -
26 3.35 - -
27 2.99
28 2.19 - -
29 ' 3.30 - -
30 4.18 - -
- 0.71
- 0.71
1.10 -
-12-
- 4.94 123
- 7.20 180
- 6.17 154
- 6.36 157
- 6.15 154
- 4.11 103
- 4.40 110
0.62 6,36 159
0.62 5.19 .130
0.62 4.77 119
0.62 5.07 127
- 4.09 102
- 3.29 82
- 4.40 110
- 5.28 132
Total ~. 78 ~
BLOCK
Land Area Water Area Gross Area Maxlmum No.
(Acres) (Acres) (Acres)_ of DwelllnL
1.21 1.86 3.07 33
I. 24 1.36 2.60 33
1.24 1.36 2.60 33
36
37
38
Commons Areas
"U" (Beach
"V" (Beach)
"W" (Beach)
"C" (Access)
"D" (Access)
4.71
7.14
6.62
2.84
2.46
NOTE:
The maximum number of dwellings" column tn the above table assumes
that each of Lots 16 thru 30, Block 12, will be developed wlth a unl-
form 25 dwelling units per acre. To accommodate det'~nltlve building
and s;te plans, permltted dwelling units may be transferred from one
Unit 5, Block 12 lot to another, so long as the total number of dwelling
units In Lots 16 thru 30, Bloci< 12, does not exceed 1,744. The number
of dwellings llsled In tho above table for the vartous lots In Block 12
was computed on the basis alr the lot area plus Ihe fractional area of the
abutting commons assigned to that lot, times 25, rounded to the nearest
whole number. Example: Lot 18, Block 12 is 3.89 acres In area, plus
1/3 of the 4.71 acre beach commons "U," plus 1/4 of the 2.84 access
commons "C," equals 6.7 acres x 25 '" 154 maximum dwelling untts.
Commons "U" ts distributed equally among Lots 16, 17, and 18.
Commons "V" ls dlstr~buted equally among Lots 19, 20, 21, 22, 23, and 24.
Commons "W" is distributed equally among Lots 25, 26, 27, 28, 29, and 30.
Commons "C" is distributed equally among Lots 17, 18, 19, and 20.
Commons "D" is distributed equally among Lots 23, 24, 25, and 26.
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SECgYION TWO:
This ordinance shall bocome effective upon receipt
of notice that it has been filed with the Secretary of State.
DATEI December 7, 1976
ATTEST:
MARGARET T. SCOTT, CLERK
' ,.'.'C,.~"/,;,' .. ,- ~ _..
i,
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',, ,;,,, ~ ~ I*t ,,, ..:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONALD A. PICKWORTH, COUNTY ATTORNEY
ThiJ ordinance filed with ~he Secretary of S~a~e'e office ~he
13th day of December, 197~ and acknowledgment of ~ha~ filing received
thia 20~h day of December, 1976. ,_~/,~/
De~y Clerk ~
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