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McDaniel - Ex Parte Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA OCTOBER 27, 2020 ADVERTISED PUBLIC HEARINGS 9A This item requires 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 of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 04-74, the Orange Blossom Ranch Planned Unit Development (PUD), to increase the maximum number of dwelling units from 1,600 to 1,950; and providing an effective date. The subject property is located on the north and south sides of Oil Well Road (C.R. 858) approximately one mile east of Immokalee Road (C.R. 846) in Sections 13, 14 and 24, Township 48 South, Range 27 East, and Section 19,Township 48 South, Range 28 East, Collier County, Florida consisting of 616+/- acres. [PL20180003155) NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings ❑Correspondence He-mails ®Calls All information has been filed electronically with Minutes and Records 9C 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 an Ordinance amending Ordinance Number 07-30, the Hammock Park Commerce Centre Commercial Planned Unit Development (CPUD), to allow up to 265 multi-family rental dwelling units plus 80,000 square feet of commercial development as an alternative to 160,000 square feet of retail and office currently allowed; by changing the name of the CPUD from Hammock Park Commerce Centre to the Hammock Park Mixed- Use Planned Unit Development (MPUD); by revising the development standards; by amending the Master Plan and revising developer commitments.The subject property is located at the northeast corner of Rattlesnake Hammock Road and Collier Boulevard in Section 14, Township 50 South, Range 26 East, Collier County, Florida, consisting of 19.13± acres; and by providing an effective date. [PL20180002813] (This item is a companion to Agenda Item 9.B) NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings I ICorrespondence ®e-mails ®Calls All information has been filed electronically with Minutes and Records Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA OCTOBER 27, 2020 CONSENT AGENDA 16A3 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 final plat of SkySail— Phase One (Application Number PL201900001066), 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 I le-mails ❑Calls SUMMARY AGENDA - 17A 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 an Ordinance amending Ordinance Number 09-15, as amended, the Heavenly Community Facility Planned Unit Development, to increase the maximum size of the house of worship use to 35,000 square feet; to increase the accessory uses to 88,000 square feet; to remove the daycare and school permitted accessory uses;to add outdoor recreational areas, playgrounds and playlots as permitted accessory uses; to eliminate Tract A and Tract B references; to modify the conceptual PUD master plan; to delete Exhibit G, depiction of vertical building, Exhibit H, architectural renderings and Exhibit I, conditions of approval; add a deviation regarding chain link fencing; and add a deviation regarding paved aisles for the area utilized for grass overflow parking. The property is located at 6926 Trail Boulevard between Ridge Drive and Myrtle Road in Section 3,Township 49 South, Range 25 East, Collier County, Florida consisting of 15.93± acres; and by providing an effective date. [PL20190002323] ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA OCTOBER 27, 2020 17B 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 a Resolution for the establishment of a conditional use to allow a sports instructional school and camp for shooting instruction and training within an Agricultural (A) zoning district in the Area of Critical State Concern and Special Treatment overlay (ACSC/ST), pursuant to Section 2.03.01.a.1.c.19 of the Collier County Land Development Code for a 10.77+/- acre property located on the west side of State Road 29, approximately 8 miles south of 1-75, in Section 7,Township 51 South, Range 30 East, Collier County, Florida. [PL20190001278] ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence e-mails Calls 17D This item requires 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 Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Commercial Intermediate District (C-3) zoning district to allow up to 20,000 square feet of commercial development for property located at the northwest corner of Tamiami Trail East (US 41) and Greenway Road, in Sections 12 and 13, Township 51 South, Range 26, East, Collier County, Florida, consisting of 2.81+/- acres; and by providing an effective date. [PL20180002374] (This is a companion to Agenda Item 17.C) ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings ❑Correspondence I le-mails Calls Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA OCTOBER 27, 2020 17F 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 an Ordinance amending Ordinance Number 13-65, the Bay House Campus Commercial Planned Unit Development, to increase the number of hotel units from 50 to 160; to increase the height of principal structures to 75 feet zoned and 90 feet actual; to add assisted living facilities up to 250 beds as a permitted use in addition to the allowed 400 seats of restaurant/cocktail lounge uses; and to remove the accessory culinary school use; on property located in the northwest quadrant of the intersection of Tamiami Trail North and Walkerbilt Road in Section 21,Township 48 South, Range 25 East, Collier County, Florida, consisting of 8.67 +/- acres; and by providing an effective date. (Companion item to Agenda Item 17.E) ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence e-mails ❑Calls FilsonSue From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent: Monday, October 5, 2020 3:07 PM To: FilsonSue Subject: RE: Meeting Request: Upcoming Agenda Items EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Confirmed,I will send invite shortly. Dianna Quintanilla Legal Assistant CYK The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.35351 F: 239.435.1218 dpuintanilla@ cyklawfirm.corn Visit cyklawfirm.com to learn more about us. Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Dianna Quintanilla immediately at dauintanilla@cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. From: FilsonSue [mailto:Sue.Filson@colliercountyfl.gov] Sent: Monday, October 5, 2020 3:02 PM To: Dianna Quintanilla Subject: RE: Meeting Request: Upcoming Agenda Items Hi Dianna, Can we do a ZOOM on the 12th at 3:00? Sue From: Dianna Quintanilla <DQuintanilla@cyklawfirm.com> Sent: Monday, October 5, 2020 1:21 PM To: FilsonSue <Sue.Filson@colliercountyfl.gov> Subject: Meeting Request: Upcoming Agenda Items EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon, i Rich would like to schedule a meeting with the Commissioner regarding the upcoming CCPC on 10/13 for the following agenda items: Hammock Park,Germain Immokalee and David Parker. Availability: Friday, October 9th 2:00 -5:00 Monday,October 12th 10:30 -5:00 Please let me know which time is best. Thank you. Dianna QuintanillCYK Legal Assistant The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.35351 F: 239.435.1218 dquintanilla@cyklawfirm.corn Visit cvkiawfirm.com to learn more about us. Both Dianna Quintanilla and Coleman,Yovanovich&Koester,P.A.,intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential,and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please notify Dianna Quintanilla immediately at dquintanilla@cyklawfirm.com or call(239)435-3535,and permanently dispose of the original message. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 FilsonSue Subject: ZOOM: Commissioner McDaniel re BCC Agenda items Location: Zoom Link Below Start: Mon 10/12/2020 3:00 PM End: Mon 10/12/2020 3:45 PM Recurrence: (none) Meeting Status: Accepted Organizer: Richard Yovanovich Rich would like to schedule a meeting with the Commissioner regarding the upcoming CCPC on 10/13 for the following agenda items: Hammock Park,Germain Immokalee and David Parker. EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Dianna, Can we do a ZOOM on the 12th at 3:00? Sue Coleman,Yovanovich&Koester is inviting you to a scheduled Zoom meeting. Topic: RDY-Comm McDaniel-BCC Time: Oct 12,2020 03:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://zoom.us/j/98886745566?pwd=dDB2ZzVGcXpDUGtkT3VBRXRRYjRPQT09 Meeting ID: 988 8674 5566 Passcode: 752036 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 McDaniel, William L., Jr. Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 Tamiami Trail, East, Suite 300 WHICH I SERVE IS A UNIT OF: CITY COUNTY ❑CITY dCOUNTY ❑OTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Collier County October 27, 2020 MY POSITION IS: L`f 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 (CRAs) 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 William L. McDaniel, Jr. , hereby disclose that on October 27 20 20 (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 , 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 October 27, 2020, the Board of County Commissioners will consider Agenda Item 16-C-6, a recommendation to approve and execute a Fifth Amendment to a Lease Agreement with Goodwill Industries of Southwest Florida, Inc., to continue leasing space for the Senior Nutrition Program in Immokalee. I am a member of the Board of Directors of Goodwill Industries of Southwest Florida, Inc. 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 disclosi he nature of the interest in such a way as to provide the public with notice of the conflict. October 27, 2020 Date Filed na ur NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY UIRED DISC OSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: CHMENT, 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.