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Ex Parte Solis Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 9, 2019 BOARD OF ZONING APPEALS -- NONE ADVERTISED PUBLIC HEARINGS -- NONE REQUIRING DISCLOSURE CONSENT AGENDA 16.A.1. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Maple Ridge at Ave Maria, Phase 5B Replat,Application Number PL20180003541. IX NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence De-mails I (Calls 16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the amended final plat of Esplanade Golf and Country Club of Naples Phase 5, Parcels I,1, K1, K2, K3 and K4(Application Number PL20180003694) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence e-mails Calls SUMMARY AGENDA 17.A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20180003286,to disclaim, renounce and vacate the County and the public interest in a portion of the 30-foot County Utility Easement as recorded in O.R. Book 1364, Page 1030 of the public records of Collier County, Florida, located on the northwest corner of Bayshore Drive and Thomasson Drive, in Section 14,Township 50 South, Range 25 East, Collier County, Florida. V NO DISCLOSURE FOR THIS ITEM SEE FILE [Meetings ['Correspondence I le-mails ❑Calls Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 9, 2019 17.A. This item requires that ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve An Ordinance amending Ordinance No. 97-3, which rezoned the subject property to a Heavy Commercial (C-5)zoning district with conditions, in order to add motor freight transportation and warehousing (SIC code 4225,air-conditioned and mini-and self storage only)as a permitted use, and to increase the maximum building height for that use only,from the presently allowed maximum height of 28 feet to a zoned height of 35 feet and an actual height of 38 feet. The subject property is located on the north side of U.S. 41 East, approximately 1,000 feet east of Collier Boulevard, in Section 3,Township 51 South, Range 26 East, Collier County, Florida, consisting of 2.17±acres; and by providing an effective date. [PL20180000125] NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence ®e-mails ( ICalls Email from Bob Mulhere, 4/4/19, and prior brief conversation SolisAndy From: Bob Mu!here <BobMulhere@hmeng.com> Sent: Thursday, April 4, 2019 3:41 PM To: SolisAndy Cc: GoodnerAngela Subject: Stor-All Petition- Item 17.A. 4-9 BCC Meeting - Summary Agenda Commissioner Solis: Hope all is well. I spoke with you briefly before on this petition. The site is east of Collier Blvd on the north side of US 41 adjacent to the Tractor Supply Store. We are amending (rezoning) the existing C-5 zoning to allow self-storage and a zoned building height of 35 ad Actual building height of 38 feet,for this lot only. n. +i ,,,it1 i t' ,,,,.., ... „ ., _,,,.. .. ‘ .,... � , � :ram• �. _,.. - - -- ' ....., .. .... . , „..... ,,, -„,...., ,,,N,,, , ,...... ,., R .1>!io, e y � � Y , �"`le. � �„': ��� " I�� . °744 km !� t. ' M . R� N,,,,, tt SKsffJ ," , '- , ;� € Urih rias "+" s 'R, 'd. 1 *. tIII* 0 AlLlila, 1 `a trn1r.ctig. In addition to the NIM, we have met on several occasions with (our neighbor to the north) Falling Waters Beach Resort HOA President (and several offices and active residents). We were able to address their concerns and we did not have any objections (in writing or in person ) at the CCP hearing. CCPC voted 7-0 to recommend approval. Below are the conditions we agreed to which were part of the CCPC recommendation and are incorporated into the Ordinance. Obviously,we hope to stay on the Summary Agenda. In recognition of your busy schedule I thought this email summary of the item would suffice; however, If you wish to meet in person I am happy to do so. CCPC Conditions of approval (new ones that apply to this use and property are underlined): Conditions of Approval 1. The following uses arc hereby authorized: b. Unless otherwise provided,all permitted uses in the C-4 general commercial district. c. Building Materials,Hardware,Garden Center(Groups 5211-5261)7.except not permitted on the property described in Exhibit B. d. Building Construction-General Construction and Operative Builders (Groups 15211542b except not permitted on the property described in Exhibit B. c. Construction -Special Trade Contractors(Groups 1711, 1793, 1796. 1799)7, except not permitted on the property described in Exhibit B. f. Motor freight transportation and warehousing(4225,air-conditioned and mini-and self-storage only),on the property described in Exhibit B only. 2. A precast masonry decorative fence six(6)fret high shall be constructed along the property line contiguous to the Woodfield Lakes PUD. 3. No building or buildings materials storage may occur within sixty(60) feet of the contiguous lot line within Woodfield Lakes PUD. 4. No building or structure shall exceed a height of twenty-eight(28)feet.except the maximum zoned height shall be thirty-five(35)feet and the maximum actual height shall be thirty-eight(38)feet for the motor freight transportation and warehousing (4225,air-conditioned and mini and self-storage only)use. 5. The wall of any building or structure adjacent to Woodfield Lakes shall be insulated to inhibit noise emissions to said property. 6. Arterial level street lighting shall be installed at the project entrance on U.S.41 as part of the development of the first phase. 7. The site plan shall be consistent with the requirements of Ordinance 93-64 with respect to turn lanes,minimum throat distances and internal traffic circulation. 8. Substantial competent evidence of the project's ability to accept,detain and treat historic surface runoff from the roadway shall be presented at the time of an application for a Site Development Plan. 9. Any approval for this project shall not vest any right to a median opening,now or in the future,along any project roadway frontage.Access may be constrained to a right- in right-out only. 10. Subsequent approval of the Site Development Plan shall provide for cross or shared access with properties to the west of this property so that shared access is achieved, leading to Tamiami Trail. 11. The following standards apply only to the motor freight transportation and warehousing usc(4225,air-conditioned and mini-and self-storogc only).on the property described in Exhibit B: a. The minimum setback from the northern property line shall be 135 feet. b. Hours of operation shall be from 8:00 am to 9:00 pm. c. Exterior lighting on the rear/north side of building shall be limited to low- level security lighting,shall be mounted to the building, and shall not exceed ten feet in height. d. All self-storage units shall be accessed from the interior of the building. e. The maximum self-storage unit size shall be 200 square feet. f. There shall be no parking on the rear/north side of the building. g. There shall be no functional windows on the rear/north side of the building. Ii. Loading areas and building access shall be oriented on the west side of the building,and centrally located. 11 The following standard applies only to the portion of the property zoned C-3, abutting the west boundary of the property described in Exhibit B.where the motor freight transportation and warehousing 14225.air-conditioned and mini-and self- storage only) loading area.parking and other permitted accessory uses may be located: a. Light fixtures shall be limited to a maximum height of 15 feet. 11 The following requirements apply to the owner of the property described in Exhibit B: a. The owner shall install landscaping required by the LDC on both sides of the wall along the northern property line of Lots 1, 2 and 3 of the proposed Inland Village plat as more specifically described in Exhibit C. prior to issuance of the first Certificate of Occupancy for an: structures located on Lots 1.2 and 3 of the proposed Inland Village plat. b. The owner shall paint and maintain good condition of both sides of the wall along the northern property line of Lots I. 2 and 3 of the proposed Inland Village plat.as more specifically described in Exhibit C. 14. All other applicable state or federal permits must be obtained before commencement of the development. 15. Pursuant to Section 125.022(5)F.S. issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 80,o 4/46/..6, F4/OP Vice Pt.esicke, Piavriff, ge/Gokes HOLE MONTES 950 Encore Way Naples, FL 34110 Office: 239.254.2000 Direct: 239.254.2026 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Andrew I. Solis Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 East Tamiami Trail, 3rd Floor WHICH I SERVE ISA UNIT OF: CITY COUNTY ❑CITY 21 COUNTY CIOTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Collier County April 9, 2019 MY POSITION IS: P af ELECTIVE U APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * # * # # * # # * # * # * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Andrew I. Solis , hereby disclose that on April 9, 20 19 (a)A measure came or will come before my agency which (check one or more) _ inured to my special private gain or loss; inured to the special gain or loss of my business associate. _ inured to the special gain or loss of my relative, inured to the special gain or loss of a client of my law firm by whom I am retained: or inured to the special gain or loss of , which is the parent subsidiary. or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: On April 9, 2019, the Board of County Commissioners will consider Agenda Item 16-A-3, a recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Artesia Naples Phase 5, and authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000. The owner, WCI Communities, LLC, is a client of my law firm and in an abundance of caution, I will abstain from voting pursuant to Section 286.012,Fla. Stat. to avoid any perceived prejudice or bias. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. ,. April 9, 20197/177<--, ` Date Filed Signa NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1112013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f).F.A.C. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Andrew I. Solis Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 East Tamiami Trail, 3rd Floor WHICH I SERVE ISA UNIT OF: CITY COUNTY ❑CITY al COUNTY ❑OTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Collier County April 9, 2019 MY POSITION IS: d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST i Andrew I. Solis . hereby disclose that on April 9, 20 19 (a)A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate. inured to the special gain or loss of my relative, inured to the special gain or loss of a client of my law firm by whom I am retained; or inured to the special gain or loss of . which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows- On ollowsOn April 9, 2019, the Board of County Commissioners will consider Agenda Item 16-D-8, a recommendation to approve the Third Amendment to agreements with LeeCorp Homes Inc., and Prestige Home Centers, Inc., for the administration of the State Housing Initiatives Partnership Demolition and/or Replacement of Manufactured Housing Program. Prestige Home Centers, Inc., is a client of my law firm and in an abundance of caution, I will abstain from voting pursuant to Section 286.012,Fla. Stat. to avoid any perceived prejudice or bias. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney. may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. April 9, 2019 Date Filed Signe ure NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7 010(1)(f).F.A.C.