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Agenda 12/01/2009 Item # 8E Agenda Item No. 8E December 1, 2009 Page 1 of6 ,."'.., EXECUTIVE SUMMARY Recommendation to consider adoption of an ordinance amending the City Gate Commerce Park PUD (Ordinance No. 88-93) to allow streets to be public. OBJECTIVE: The objective of this public hearing is for the Board to review and consider adoption of an ordinance amending Section 2.7 of Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Developmenl ("PUD"), to allow streets within the PUD to be public. CONSIDERATIONS: The City Gate PUD was created on December 13, 1988 by Ordinance No. 88-93. The County Attorney's office has previously opined that the streets in the PUD are private streets. However, in companion items to this proposed ordinance, a City Gate Community Development District ("COD") may be created by the Board whereby the streets Will be available for public use. Additionally, the developer of City Gate is entering into a Developer Contribution Agreement ("DCA") with the County which provides that certain road dedications will be made by the developer to the County for future publie roads. This ordinance amendment is proposed to change the eharaeter of the roadways in the PUD from private to publie, and allow the PUD to be eonsistent with the COD and the DCA, if those items are approved by the Board, ~ The sole ehange to the PUD is as follows: Section 2.7 of the PUD document is hereby amended as follows: 2.7. STREETS TO BE FRPM+B OPEN TO THE PUBLIC. Exee!!t as otherwise agreed between County and owner or as determined by the Board of Supervisors of the Community Development Distriet. Aall jl!at!e4 streets within the project shall be common property of the projeet landowners and shall in all cases be open to travel by the public. Community Development staff is of the opinion that this change requires that the applicant go through the PUD Amendment process. For the following reasons, it is the opinion of the County Attorney that it was never the intent of the Board to include this type of change into this extensive publie hearing proeess: - I. This is not a zoning nor a land use change, but simply re-eharacterizing the development's roads from private to open to the public. There is no zoning or land use issue for either staff or the CCPC to review. 2. This is a companion item to a COD and a DCA request. If the Board approves the COD, roads within a COD must be open to the publie. The DCA is predicated on these roads -- - " -".- .."~.,,.._---, "-'P,', " ",' ,,~.., "V", ._.,_".._n Agenda Item No. 8E December 1, 2009 Page 2 of 6 being public. If the Board were to approve these companion items without amending the PUD in the manner requested, there would be an immediate conflict with the PUD. The only way to avoid this contlict is to either simultaneously amend the PUD or to require the applicant to first go through the PUD Amendment Process. If the Board wishes to approve the COD and the DCA, the approval of the PUD amendment is no more than a ministerial act. If the Board does not wish to approve the COD or the DCA, there is little point in requiring the applicant to go through the PUD Amendment process as a condition to bringing the COD and DCA request to the Board. 3. The sole purpose for the PUD requirement that all roads within the development be private was to reduce County road maintenance costs, a requirement that is often done as part of a Development Contribution Agreement, the amendment of which would not require a PUD amendment type process. 4. This change is being requested as part of an advertised public hearing. Anyone who has any issue with respect to the change in road status will have ample opportunity to air their concerns to the Board. Having additional hearings before the Planning Commission on this one issue will confer no greater benefit to the public. . ,.'<' Accordingly, it is the opinion of the County Attorney that the Board may approve this re- characterization of the roads in the PUD as a minor change to the PUD without the need for a formal PUD amendment process. It is the further opinion of the County Attorney that although this request is a language change to the PUD, that given the extremely narrow issue here, it is not necessary, and not an efficient use of public resources, to take this PUD amendment through the typical PUD amendment process. The Board may approve the proposed ordinance amendment and dispense with the formal PUD amendment procedures. FISCAL IMP ACT: The advertising costs for this item are to be paid for by the developer. GROWTH MANAGEMENT IMP ACT: The previously approved plan of development for the PUD has been determined to be consistent with the Collier County Grov.1h Management Plan. LEGAL CONSIDERATIONS: This item has been prepared and reviewed by the County Attorney's office and is legally sufficient for Board action. (JAK/HFAC) RECOMMENDATION: That the Board of County Commissioners adopt the proposed ordinance as a minor amendment to the City Gate Commerce Park PUD (Ordinance No. 88-93) to allow streets within the PUD to be public, and dispense with the formal PUD amendment procedures. PREPARED BY: Jeffrey A. Klatzkow, County Attorney, and Heidi Ashton-Cicko, Asst. County Attorney, Land Use Section Chief , ,,,.~ 2 Agenda Item No. 8E December 1, 2009 Page 3 of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 8E This item continued from the November 10, 2009 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to consider adoption of an ordinance amending the City Gate Commerce Park PUD (Ordinance No. 88~93) to allow streets to be public. (This is a companion to Item iDE.) 12/1/2009 9:00:00 AM Meeting Date: Prepared By Heidi F. Ashton Section Chief/Land Use-Transportation Date County Attorney County Attorney 10/26/200911:11:33 AM Prepared By Jeff Klatzkow County Attorney Date 10/26/200911:11:33 AM Approved By Jeff Klatzkow County Attorney Date 11/2/20091:13 PM .-". Approved By Heidi F. Ashton Section Chief/Land Use-Transportation Date County Attorney County Attorney 11/3/200911:20 AM Approved By Joseph K. Schmitt Administrator - Community Development Date Community Development & Community Development & Environmental Services Environmental Services 11123120099:54 AM Approved By OMS Coordinator Date County Attorney County Attorney 111231200911:21 AM Approved By John A. Yonkosky Director - Management and Budget Date Office of Management & Office of Management & Budget Budget 11/231200911:38 AM Approved By Leo E. Ochs, Jr. County Manager Date -~ County Managers Office County Managers Office 11123120091:46 PM ''''----~-- ~ - >,""- '-.~- ,.. Agenda Item No. 8E December 1 , 2009 Page 4 of 6 ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION 2.7 OF THE PUD DOCUMENT TO ALLOW STREETS TO BE PUBLIC; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 13, 1988, the Board of County CommissioneTs adopted Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD"); and WHEREAS, Joseph R. Weber on behalf of 850 NWN, LLC and CG II, LLC (the "Petitioners") has petitioned the Board of County Commissioners to create the City Gate Community Development District; and WHEREAS, the Petitioners and the Board of County Commissioners desire to provide for the platted streets in the PUD to be open to the public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO SECTION 2.7 OF THE PUD DOCUMENT IN ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PUD. Section 2.7 of the PUD document is hereby amended as follows: 2.7, STREETS TO BE PRALA+B OPEN TO THE PUBLIC. Except as otherwise agreed between Countv and owner or as determined by the Board of fuwervisors of the Community Development District, Aall tffiMle<l streets within the project shall be common property of the project landowners and shall in all cases be open to travel by the public. SECTION TWO: 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 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 remaining portion. 1 Words ~ are deleted: words underlined are added. Agenda Item No. 8E December 1, 2009 Page 5 016 SECTION THREE: EFFECTIVE DATE, This Ordinance shall become effective upon filing with the Department of State. PASSED AND DOL Y ADOPTED by super-majority vote by the Board of County CommissioneTs of Collier County, Florida, this day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chairman , Deputy Clerk Approved as to form and legal sufficiency: --" @ Jeffrey A. Klatzkow County Attorney 09.0028/1 10/30/09(2) HFAC ---~. 2 Words ~ are deleted; words underlined are added. '~--""--'-''''~ - '.', '-'--'---'---" -. ..~ ~~-'" Agenda Item No. 8E December 1, 2009 Page 6 of6 I I , , I , NOTICE OF INTEr<< TO CONSIDER . _ ORDINANCE' . 'NotiCej5h~!liventh.t-onTuesdaJ. Hol'ember '0. loot, in tlw &n.rdrootil. 'lrd FllJOI',' Admlnlsttltlon Buildlri~ Collier County GovemlTll!ntCfnter, 3301 East Ta- ml.mr Trait Naples. RorIda, the Board of County Commissionen wiU cansidlr the enactment of I Cllunty Ordinance. The meeting will commena M 9:00 A.M. The titJ"ofthepropor.edOrdll'la~ls.fol_ I~ . '-', .' AN ORDINANCE: Of THE BOARD OF COUNTY COMMISSIONERS OF' COWER (DUNT'I", FLORIDA, .u.tENDfMG" ORDI. NANCE NO. 811-93, THE CITY GAlt .COM' . MERCE PARK PLAHNm UNtf OE\lflOP. MENT, BY AMENDING SECTlOH .2.7 OF THE PUO' DOCUMENT TO ALLOW STREETS TO BE PUBUC; PROVIOING FeR CONFLICT AND S€VEflAB1UTY; AND PROVIDING AN EFFECTIVE DAlE. Copie$ of the propoJed OtdJ~~ lire on fill' with tIM' Cll!rt 10 the Board and Ire Ivallabll!lorfnspection. Atllnt~d ~~nT .~ lnvittKt ~,attend ami b@ NOTE: AI polrstln5 wishing- to s~ak on an)' a9'OdII item m~ r~Jrter witt! Vle- County mninistrlltor prior' to pmenta- tlOll of t~ ~nda ftlllfll tQ be addreued. Individu.r spe.keq wur beUm~ to'5 minuU1;OO"'IYlterrL TheMlectlorrof.n individlMf1DspMk~btrtWtofan org. ~=:;;'~,,~~.~=~~ fQl" . group or:orgamt.ItIori rI'IIy',,1)e II- Ioned '0 ninuta1o.. OI1m lttnr; , ',', "';'-,," ,.,', ','''-'.'','' Pff1On5W1sh1~nMWtftNI'IOigr,ph- Ie ,mnan.a, . , In the Board ,'genda ~lTUtjubmitald~,lmln-: Imum5kt'pribr to ~',r~, public' , .-In 'r'J1d1e.:'Wl'ltlIrl,ma. 111",11.1 1Obt~bytlle 8011rdshtllbe'~Ittep'to1he.pProPfi-- . coumy ,rtllff'i minlmurJI cW'seven days priqi'to the ,publk hHrfng. _ All m. ten.l us.- In:. prcx.,bltiofll _~ the'" B(lIItel will b.ro~. pe..maneotp.rt Of- ..1herecord; ,':. ".'"{ .r ";, _ , . An~ ~_'~tfd' ~it~i~ap~~"; decl- sjon of tM Bo.IrG will need . re<<lrcf of tn. pnxieedlnvs" pl!ttainlng themll Mlq """''''''''''_;.1,,,,,..,,,,,,,,,. _ bI~1Rfft-"cifth~I$::~" which ~ Includes the' 1estimonr I~ evidence ~ which the "PPuI isbaitcL, -, , """"",,,, " ",,', '," '<-il"',':-'"'",,,,- ",'",.' ','" ,\ If YQU1rel'pt'l'Jor.Iwlt/i'.'d/ublllty who riHdIi:~ IICC:lImmOdati9ftin order to P4ltidpateln thlspnlceeding;'you In! en-: t1t1l1d.atIl(lCOS\Io:jou;.to.thltprD'iWQfl ofcerUltll5slst.nce.-P~"ontIct'tt1it Colli., Cotrntf' FKlllti.. MllYgerMnt [)t:, r:wtment. IociItelf.et, not T.mlamt TrIB ~rt. Building W, Naples, FlClHdI 34tll. (EI)'2s2-8380:'Auilti!cHlstenlng chNkes 'kJr the hearing Impl,ire6.,-e,_.v.lI,l!ile in tne Count)' Comm~IonMs', Offke. ' BOARD Of COUHTYCOMMI5SIONERS" COLUEIl COUNn', fLORIDA ' DONNA FIAl.A. CHAIRMAN DWIGHT E. ewot nERIe r{~.~~~l_~~,o~a;a. '.