Agenda 05/11/2010 Item #17C
Agenda Item No. 17C
May 11, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 9S-1, as amended, to
allow for the installation of swale enclosures on I11th Avenue North and along Sth Street
North in Naples Park.
OBJECTIVE: To adopt an Ordinance amending Ordinance No. 98-1, as amended, to allow for
the installation of swale enclosures on II I th Avenue North and along 8th Street North in Naples
Park.
CONSIDERATIONS:
. Existing ordinance, Ordinance No. 98-1, prohibits the conversion of swales to culverts in
the public Rights-of-Way within an area of Naples Park, a platted subdivision located in
Collier County, Florida. Section Eight of Ordinance 98-1 specifically states "No new
swale enclosures allowed;" referring to III th Avenue North and 8th Street North.
. The Transportation Division has construction ready plans to construct sidewalks in the
Naples Park area. Specifically, a five foot (5') sidewalk will be constructed along 8th
Street from 91" Avenue North to II]th Avenue North and also on Illth Avenue North
from 8th Street to 7th Street. In order to construct these sidewalks, drainage
improvements, such as the closure of swales along 11] th Avenue North, will be necessary
due to safety and ADA (Americans with Disabilities Act) concerns.
. A General Permit Modification authorizing this work has already been received from the
South Florida Water Management District. Collier County Stornlwater Management
Section has approved of the project.
. On April 13,2010 Collier County Board of County Commissioners directed the County
Manager or his designee to coordinate with the Office of the County Attorney and
advertise the attached proposed amendment to allow the drainage improvements as
planned for this sidewalk project. The attached proposed Ordinance has been lawfully
advertised.
FISCAL IMPACT: There is no fiscal impact with this executive summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action-SRT.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: To adopt an Ordinance amending Ordinance No. 98-1, as amended,
to allow for the installation of swale enclosures on I 11th Avenue North and along 8th Street North
in Naples Park.
Prepared By: Daniel G. Hall, P .K, Sr. Project Manager - TECM
Attachment: Proposed Ordinance No. 2010- ___
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17e
May11,201o
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17C
Recommendation to adopt an Ordinance amending Ordinance No. 98-1, as amended, to
allow for the installation of swale enclosures on 111th Avenue North and along 8th Street
North in Naples Park.
5/11/20109:00:00 AM
Date
Prepared By
Daniel Hall
Transportation Division
Project Manager, Senior
Transportation Engineering &
Construction Management
4/22/20101:29:54 PM
Date
Approved By
Rookmin Nauth
Transportation Division
Management/Budget Analyst
Transportation Administration
4/26/20109:37 AM
Date
Approved By
Norm E. Feder, Ale?
Transportation Division
Administrator ~ Transportation
Transportation Administration
4/27/20109:37 AM
Date
Approved By
Gerald Kurtz
Transportation Division
Project Manager, Principal
Transportation Road Maintenance
4/27/20109:40 AM
Date
Approved By
Scott R. Teach
County Attorney
Deputy County Attorney
County Attorney
4/27/201012:00 PM
Date
Approved By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
4/27/20104:43 PM
Date
Approved By
Jeff Klatzkow
County Attorney
4128/20103:14 PM
Date
Approved By
Usa Taylor
Transportation Division
Management/Budget Analyst
Transportation Administration
4/29120107:30 AM
Date
Approved By
Natali Betancur
Transportation Division
Administrative Assistant
Transportation Road Maintenance
4129/20108:30 AM
Approved By
OMS Coordinator
County Manager's Office
Agenda Item No. 17C
May 11, 2010
Page 3 of 8
Date
Office of Management & Budget
4/29/20109:08 AM
Date
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
5/3/20108:40 AM
Agenda Item No. 17C
May 11. 2010
Page 4 of 8
ORDINANCE NO. 2010-
AN ORI>INANCE AMENDING ORDINANCE NO. 9S-I, BY REVISING
SECTION EIGHT, SIZE OF PIPE REQUIRED, TO AUTHORIZE NEW
SWALE ENCLOSURES ON THE 700 BLOCK OF IIlTH AVENUE
NORTH, ALL BLOCKS ALONG STH STREET NORTH, AND
AUTHORIZING THE COUNTY TO PERFORM CONSTRUCTION,
MAINTENANCE, SW ALE ENCLOSURES, AND ADJUST PIPE SIZES AS
DEEMED NECESSARY FOR THE BEST INTEREST OF THE PUBLIC'S
HEALTH, SAFETY AND WELFARE; PROVIDING FOR INCLUSION IN
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVII>ING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 98-1 was adopted by the Board of County Commissioners on
January 6, 1998; and
WHEREAS, the Board detennined at that time it was in the public's interest to allow the
individual homeowners in the Naples Park Subdivision area to enclose roadside swales in front
of their homes, ",ith certain restrictions; and
WHEREAS, Transportation Division staff now have construction plans ready to
construct sidewalks in the Naples Park area; and
WHEREAS, in order to construct these sidewalks, drainage improvements, such as the
closure of swales along] 11 th A venue North, will be necessary due to safety and Americans with
Disabilities Act (ADA) concerns; and
WHEREAS, a General Pcnnit Modification authorizing this work has already been
received from the South Florida Water Management District and the Collier County Stonnwater
Management Section has approved the project, staff desires approval by the Board to allow the
drainage improvements as planned for this sidewalk project.
Words underlined are added; Words sinisI' tarel:l;h are deleted.
Agenda Item No. 17C
May 11, 2010
Page 5 of 8
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
SECTION ONE:
AMENDMENT TO SECTION EIGHT OF COLLIER COUNTY
ORDINANCE NO. 98-1:
Section Eight is hereby amended to read as follows:
SECTION EIGHT: SIZE OF PIPE REQUIRED
The size of pipe shall vary between locations, depending upon the street address. The
following list provides pipe sizes for the various street and blocks:
Street name
Block Number(s)
9Ist Ave. N.
92nd Ave. N.
93'd Ave. N.
500, 600, 700, & 800
500, 600, 700, & 800
500, 600, & 800
700
500,600, & 800
700
500
600, 700, & SOO
500
600,700, & SOO
500
600, 700, & 800
500
600, 700, & SOO
500& 700
600 & 800
500 & 700
600& SOO
500& 700
600 & SOO
500 & 700
600 & SOO
500& 600
700 & 800
500 & 600
700 & SOO
500& 700
600& 800
94th Ave. N.
95th Ave. N.
96th Ave. N.
97th Ave. N.
98th Ave. N.
99th Ave. N.
100lh Ave. N.
IOlsl Ave. N.
I02nd Ave. N.
103'd Ave. N.
104"' Ave. N.
!O5"' Ave. N.
Minimum Pipe Size'
18" diameter
18" diameter
1 8" diameter
24" diameter
18" diameter
24" diameter
24" diameter
18" diameter
24" diameter
IS" diamctcr
24" diameter
18" diameter
24" diameter
IS" diameter
24" diameter
IS" diameter
24" diameter
] S" dianleter
24" diameter
18" dianleter
24" diameter
1 s., diameter
24" diameter
18" diameter
24" diameter
IS" diameter
24" diameter
] S" diameter
Words underlined are added; Words _g/l are deleted.
106'h Ave. N.
500 & 700
600 & 800
500 & 700
600 & 800
500 & 700
600 & 800
500 & 700
600 & 800
500 & 800
600 & 700
Illth Ave. N. No ae'N swale eaolosw-es aIlo'.\ed. 700
Vanderbilt Drive (East side) 91st Ave. N. to I lOth Ave. N,
I lOth Ave, N. to I 11th Ave, N.
All Blocks
All Blocks
No ae'l/ 9wale ellol09lH"OS allO'.vod. All Blocks
lO7'h Ave. N.
108th Ave. N.
109th Ave. N.
I 10th Ave. N.
6th Street N.
7th Street N.
8th Street N.
Agenda Item No. 17C
May11,201o
Page 6 of 8
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
18" diameter
24" diameter
1 8" diameter
18" diameter
24" diameter
30" diameter
24" diameter
18" diameter
18" diameter
18" diameter
15" diameter
· Note 19" x 30" slotted pipe can be used in place of 24" diameter pipe when needed.
The Countv shall have the authorization to perform construction, maintenance. and to
enclose swales and adiust Dipe sizes as deemed necessary for the best interest of the Public's
health, safety and welfare.
SECTION TWO: 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 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
or any other appropriate word.
re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
SECTION THREE: CONFLICT AND SEVERABILITY
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 the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
Words underlined are added; Words Slrllcl: th:a..gh are deleted.
Agenda Item No. 17C
May 11, 2010
Page 7 of 8
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining ponion.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Departmcnt of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, on this _ day of
,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
As Deputy Clerk
FRED COYLE, CHAIRMAN
Approved as to forn1 and legal sufliciency:
~
Scott R. Teach, Deputy County Attorney
1 O-ECM-OJ26Yll
Words underlined are added; Words stru.1 thrsHgll are deleted.
!J
Naples Dally News · Friday, April
2010 . 21D
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, ~OTICE OF INTENT TO CONSIDER ORplNANCE
Notice is hereby given that the Board of County Commissioners of Collier County
will hold a public hearing on Tuesday, M& 11. 2010, in the Boardroom, 3rd Floor,
~~J1.jn~~~i~0110~j~i~~inn;e ~~~~jn;~",egl~v:~n~~~.~~n-R;~ tft~~~ ~h~ p~~~~~:J
Ordinance is as:follows: . ',. ,-.
AN ORDINANCE AMENDiNG ClRDINANCE NO. 98.1, BY REViSING SECTION EIGHT,
SIZE'OF"P1PE. REQUIRED,'TOAUTHORIZE NEW SWALE ENCLOSURES ON THE 760
BLOCK OF "lTH AVENUE NORTH, ALL BLOCKS ALONG BTH STREIT NORTH. AND
AUTHORIZING THE COUNTY TO PERFORM CONSTRUCTION. MAINTENANCE. SWALE
ENCLOSURES. AND ADJUST PIPE SIZES AS DEEMED NECESSARY FOR THE BEST -IN~
TEREST OF THE PUBLIC'S HEALTH, SAFETY AND WELFARE; PROVIDING FOR INCLU.
StON IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFUa AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the CJerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All Persons wishing to speak on any agenda item nnzst register with the
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~l~~~U~y t~h:P~~~ir~na ~~~~~s::rs~~ ~~~ail~~~i~~ g: ~:~au~z~ti~~c~;;1::-alt~d:JO?o
minutes to speak ~n an item.
Persons wishing to hcl;Ve. written or graphic materials indu'ded in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the resbective
b~~~~ s~~irib~' su~nm~ld ':6eih~r~~~~0;;~~~i~~u~~e~daf1 :om~~~~si~r:e~enY d~~
prior to the public hearin-g. All material used in presentations before the Board'
wilt become a permanertt part of ~he record. '
Any person who decid.es to appeal a decision of the Board witl need a record of the
~;~~~dd~tg:h~e~~~~~~i~~:rr:om~d~, t~hk~or;ec~r1 i~~~:~ t~~ui:st~~n~ ~~3a~~
dence upon which the appeal is based. .
If yoiJ are a person with a disability who needs any accommoda~ion in order to par.
ticlpate in. this proceeding; you are entitled, at no cost to you. to the provision of
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252-8380. Assisted listening devices for the hearing lmpalr~d are available in the.
County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
r~Aonn iennejohn, Deputy Clerk
Andl ':!:n '010
Nn1R'i06R1
Agenda Item No. 17C
May 11 , 2010
Page 8 of 8