Agenda 10/25/2016 Item #16K 8 Proposed Agenda Changes
Board of County Commissioners Meeting
October 25,2016
Move Item 16D4 to Item 11E: Recommendation to approve a standard Donation Agreement
that allows Global Properties of Naples,LLC,a Florida limited liability company to donate a 2.73
acre parcel along with a management endowment of$10,633.35,to the Conservation Collier Land
Acquisition Program under the offsite vegetation retention provision of the Land Development
Code LDC Sec 3.05.07H.1.f.iii. (b),at no cost to the County,and authorize the Chairman to sign
the Donation Agreement and staff to take all necessary actions to close. This is a follow-up item to
Ordinance 15-33,approved on June 9,2015,Agenda Item 9.B. (Commissioner Nance's request)
Move Item 16F5 to Item 11F: Recommendation to approve the proposed Collier County
State and Federal Legislative Priorities for 2017 and adopt the attached resolutions.
(Commissioner Taylor's request)
Deny Item 16J4 until such time as the Clerk certifies that the payables presented in this report have
been pre-audited as previously specified by the Board: To provide to the Board a "Payables
Report" for the period ending October 19,2016 pursuant to the Board's request.(Staffs request)
Move Item 16K8 to Item 12B:Recommendation to request for authorization
to advertise for future consideration an amendment to Ordinance No. 2010-
29, the Collier County Public Parks and Beach Access Parking Ordinance, to
clarify its intent as it relates to park and beach users who also wish to visit
nearby shopping and restaurants as part of the overall recreational
opportunity for that beach or park. (Commissioner Taylor's request)
Note:
Item 17B Orange Blossom PUD: The master plan attached to the proposed Ordinance shall be
amended to add an access point to the commercial property which was erroneously omitted on the
master plan. This access point is shown on the master plan approved by Ord.No.04-74. The
commercial property owner is not a participant in the PUD amendment. (Staffs request)
Time Certain Items:
Item 11D to be heard at 10:00 a.m.
Item 8A to be heard at 10:30 a.m.
Item 9A to be heard at 1:30 p.m.,immediately followed by Items 9B and 11C
2/3/2017 12:12 PM
16.K.8
10/25/2016
EXECUTIVE SUMMARY
Recommendation to request for authorization to advertise for future consideration an amendment
to Ordinance No. 2010-29, the Collier County Public Parks and Beach Access Parking Ordinance,
to clarify its intent as it relates to park and beach users who also wish to visit nearby shopping and
restaurants as part of the overall recreational opportunity for that beach or park.
OBJECTIVE: To advertise for future consideration an amendment to Ordinance No. 2010-29 which would allow
users of designated "Public Park Parking" and "Public Beach Access Parking" to also visit nearby shops and
restaurants without having to find alternate parking.
CONSIDERATIONS: Collier County currently provides parking lots and garages for public parks and beach
access intended to benefit those members of the public wishing to use the park or beach. Despite its intended public
benefit of providing ample parking for public beaches and parks,many of the public parking facilities were used for
commercial overflow parking and private use.
On July 27, 2010, the Board of County Commissioner (Board) adopted Ordinance No. 2010-29, known as the
Collier County Public Parks and Beach Access Parking Ordinance, as a means to limit the use of"Public Park
Parking"and"Public Beach Access Parking"to only those using the public park or beach access. Concurrent with
the adoption of Ordinance No. 2010-29, the Board approved Resolution 2010-143 which designated certain areas
owned or leased by the County as"Public Park Parking"or"Public Beach Access Parking."
At its October 11, 2016 Regular Meeting, the Board recognized that strict enforcement of Ordinance No. 2010-29
would prohibit beachgoers and those using public parks from also visiting nearby complimentary facilities such as
stores and restaurants without having to find alternate parking. At the Board's request, and having worked with the
County's Planning and Zoning Director,Michael Bosi,the County Attorney recommends the following amendment
to Section Four of Ordinance No.2010-29:
SECTION FOUR: Public Parks and Beach Access Parking.
Public Parks and Beach Access Parking is to be utilized solely primarily for the purpose of
accessing public parks and beaches. It shall be a violation of this Ordinance for anyone to park in
an area designated as "Public Park Parking" or "Public Beach Access Parking" who is has not
utilizi+ged a public park or beach during the hours from dawn to dusk.
If acceptable, the County Attorney's Office will advertise the amending ordinance for adoption at the Board's next
meeting.
FISCAL IMPACT: The approximate cost to advertise the proposed Ordinance is$400.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney drafted the proposed Ordinance and approved it as to form
and legality. Majority support of the Board is required for approval.-JAK
RECOMMENDATION: That the Board authorizes the County Attorney to advertise the attached ordinance
amending Ordinance No.2010-29.
Prepared by: Jeffrey A.Klatzkow,County Attorney
ATTACHMENT(S)
1.proposed amendment to Ordinance No 2010-29 (PDF)
2. Ordinance No. 2010-29 (PDF)
Packet Pg. 1954
16.K.8
10/25/2016
3.Resolution No 2010-143 (PDF)
Packet Pg. 1955
16.x.8
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Item Summary: Recommendation to request for authorization to advertise for future
consideration an amendment to Ordinance No. 2010-29, the Collier County Public Parks and Beach
Access Parking Ordinance,to clarify its intent as it relates to park and beach users who also wish to visit
nearby shopping and restaurants as part of the overall recreational opportunity for that beach or park.
Meeting Date: 10/25/2016
Prepared by:
Title: Legal Assistant—County Attorney's Office
Name: Rosa Villarreal
10/18/2016 3:24 PM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A.Klatzkow
10/18/2016 3:24 PM
Approved By:
/-4R Review:
Zoning Michael Bosi Additional Reviewer Completed 10/18/2016 3:26 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/18/2016 3:33 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/18/2016 3:37 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/18/2016 4:23 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/19/2016 11:56 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
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Packet Pg. 1956
I6.K.8.a
ORDINANCE NO.2016- zd
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 2010-29,
THE PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE, o
SPECIFICALLY SECTION FOUR "PUBLIC PARKS AND BEACH
ACCESS PARKING;" PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE OF
LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE a
DATE.
WHEREAS, on July 27, 2010, the Board of County Commissioners (Board) adopted
Ordinance No. 2010-29, the Collier County Public Parks and Beach Access Parking Ordinance,
which provided in part that"Public Parks and Beach Access Parking is to be utilized solely for the Y
purpose of accessing public parks and beaches;"and a
WHEREAS, questions have arisen whether beachgoers may also utilize complimentary
facilities, such as convenience retail establishments and/or eating places,to purchase such items o
as suntan lotion or to partake of food and drink as part of the overall recreational opportunity that
the beach or park provides;and =
WHEREAS, it was never the intent of the Board to prohibit park and beachgoers from a
utilizing these complimentary facilities which enhance the recreational opportunities provided to
the general public;and
WHEREAS,the Board wishes to clarify its intent with respect to this ordinance.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
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SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO.2010-29.
Section Four of Ordinance No. 2010-29,titled"Public Parks and Beach Access Parking,"
is hereby amended as follows:
SECTION FOUR: Public Parks and Beach Access Parking.
Public Parks and Beach Access Parking is to be utilized selely-primarily for o
the purpose of accessing public parks and beaches. It shall be a violation of this
Ordinance for anyone to park in an area designated as "Public Park Parking" or
"Public Beach Access Parking" who is has not utilizia a public park or beach
during the hours from dawn to dusk. �^
Words Underlined are added;Words ask-Though are deleted.
Page 1 of 2
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16.K8.a
SECTION TWO: CONFLICT AND SEVERABILITY. zd
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
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remaining portion.
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C.)
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County,Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
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SECTION FOUR: EFFECTIVE DATE. c
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this day of ,2016.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA o
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By: By:
,Deputy Clerk DONNA FIALA,CHAIRMAN
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Approved as to form and legality:
Jeffrey A.Klatzkow
County Attorney
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Words Underlined are added;Words Stfusk-Thr-eugh are deleted.
Page 2 of 2 Packet Pg. 1958
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ORDINANCE NO.2010-29
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ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS N
LLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONg :.?
RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS % ,
BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF or:
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PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY;
PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH
ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY
COUNTY RESOLUTION; PROVIDING FOR CONFLICT AM) o
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE Y
DATE.
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WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health,welfare and safety of existing and future residents of the county by enacting
and enforcing regulations concerning the use of property necessary for the protection and benefit
of the public;and
WHEREAS, Collier County currently provides parking lots and garages for public parks d
and beach access intended to benefit those members of the public seeking recreation;and
WHEREAS, contrary to the intended public benefit of these public park and beach access o
parking facilities, certain public parking garages and lots are being used for commercial overflow
parking and private uses;and
WHEREAS, the Board of CountyCommissioners desires to adopt regulations relating to
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public parks and beach access parking facilities in order to preserve their intended benefit,which is
to provide adequate public park and beach access parking for Collier County citizens and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY N
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: Z
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SECTION ONE: Title. o
This Ordinance shall be known and may be cited as the"Collier County Public Parks and
Beach Access Parking Ordinance."
Page 2 of 4
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16:K.8.b
SECTION TWO: Purpose and Intent.
The purpose of this Ordinance is to provide,maintain and ensure the availability of parking N
for those members of the public who seek access to Collier County public parks and beaches. N
SECTION THREE: Applicability.
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier o
County,Florida. L
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SECTION FOUR: Public Parks and Beach Access Parking.
Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing
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public parks and beaches. It shall be a violation of this Ordinance for anyone to park in an area 0°
designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a
public park or beach during the hours from dawn to dusk. °'
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SECTION FIVE: Designation of Public Parks and Beach Access Parking by Resolution. S
A. The County Manager, or his designee, shall investigate and make recommendations to the
Board of County Commissioners concerning which areas to designate as Public Park
Parking or Public Beach Access Parking. Recommendations shall be in accordance with
the terms of this Ordinance in an effort to protect the public's ability to access the public
parks and beaches of Collier County as well as to aid in the implementation of the
conditions set forth in this Ordinance. N
B. Upon the advice of the County Manager or his designee, the Board of County
Commissioners may,by Resolution,designate certain areas owned or leased by the County c
as Public Park Parking or Public Beach Access Parking. o
C. Upon the Board of County Commissioners enacting a Resolution designating certain areas
owned or leased by the County as Public Park Parking or Public Beach Access Parking,
such parking facilities, parking lots or portions thereof so designated shall be posted
Page 2 of 4
Packet Pg. 1960
16.K.8.b
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specifying the restrictions or prohibitions, as enacted by the Board of County
Commissioners.
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D. The presence of a beach parking permit upon a vehicle shall not be considered as evidence
of intent to go to the beach.
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SECTION SIX: Penalty for Violations. p
Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this
Ordinance shall be deemed to be charged with a noncriminal violation and shall be assessed a civil D.
penalty of thirty dollars ($30.00). The distribution of fines and provisions for late payment
penalties shall be in accordance with Section 130-46, as it may be amended,of the Collier County
Code of Laws and Ordinances. 0°
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SECTION SEVEN: Conflict and Severability. a
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
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SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. o
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word. oL
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SECTION NINE: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
Page 3 of 4
Packet Pg. 1961
16.K.8.b
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this 27th day of July,2010. o
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ATTEST: BOARD OF COUNTY COMMISSIONERS z
DWIGHT E;R 9CK,CLERK COLLIER COUNTY,FLORIDAtc
. 63-‘3).4.„ c
By :V_ _ . ,'• 4 ... 4,� �s C . By: O
14 '' . OITA , Clerk FRED W.COYLE,CHAIRMAN im=
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Approved'd to=fc n1 a
and 1; :h1 r ;iency: a
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This ordinance filed with theg0
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Page 4 of 4
Packet Pg. 1962
16.K.8.b
STATE OF FLORIDA) c67.A
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
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hereby certify that the foregoing is a true and correct
a
copy of: N
ORDINANCE 2010-29 v
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Which was adopted by the Board of County Commissioners
on the 27th day of July, 2010, during Regular Session.
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WITNESS my hand and the official seal of the Board of °;
County Commissioners of Collier County, Florida, this 30th a
day of July, 2010.
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DWIGHT E. BROCK
Clerk of Courts a1Gai q+grk
Ex-officio to:•Flmard-'bf. ' G
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County Commistii0 `i :.
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to /l > _� as •
By: Ann Jenne j ohxs-,
Deputy Clerk
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16.K8.c
RESOLUTION NO.2010- 143
of
A RESOLUTION OF THE BOARD OF COUNTY COMIVIISSIONERS
OF COLI.TF.R COUNTY, FLORIDA, DESIGNATING CERTAIN
AREAS OWNED OR LEASED BY COLLIER COUNTY AS PUBLIC
PARK PARKING OR PUBLIC BEACH ACCESS PARKING IN
ACCORDANCE WITH THE PROCEDURES SET FORTH IN
ORDINANCE NO. 2010-29, THE "COLLIER COUNTY PUBLIC
PARKS AND BEACH ACCESS PARIUNG ORDINANCE." 0
WHEREAS, on July 27, 2010, Board of County Commissioners (Board) adopted
a
Ordinance No. 2010-29,the"Collier County Public Parks and Beach Access Parking Ordinance"
to address the use of certain public garages and lots for commercial overflow parking and
privates uses which is contrary to the intended public benefit of these public park and beachas
access facilities;and
WHEREAS, in an effort to protect the public's ability to access the public parks and
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beaches of Collier County, the Board considered the recommendations of County staff and a
determined that certain County-owned or County-leased lands should be designated as Public
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Park Parking or Public Beach Access Parking in accordance with Ordinance No.2010-29;and
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WHEREAS, the Board wishes to implement the
P provisions of Ordinance No. 2010-24
including the prohibition against anyone parking in an area designated as"Public Park Parking" N
or "Public Beach Access Parking" who is not utilizingapublic
park or beach during the hours
from dawn to dusk.
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY o
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following County-owned or
County-leased lands are hereby designated as "Public Park Parking" or "Public Beach Access
Parking."
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Page 1 of 2
Packet Pg.1964
16.K.8.c
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(1) Any and all Collier County beach park facilities and beach parking locations
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where parking fees are charged and/or required. o
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(2) Any and all Collier County park facilities. z°
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BE IT FURTHER RESOLVED that this Resolution shall become effective upon posting
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of appropriate signage the restrictions or prohibitions enacted by the Board of County c
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Commissioners.
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THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same a)
this 27th day of July,2010. .c
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ATTEcP "".' '."kat.' BOARD OF COUNTY COMMISSIONERS co
-` • •, •. %?' COLLIER COUNTY, FLORIDA `<
SI'. s Ziiii t^!b4uty Clerk FRED W.COYLE,C • 'I. . a
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