Agenda 10/25/2022 Item #17E (Ordinance - To Expand the Bayshore Beautification Municipal Service Taxing Unit boundary to include approximately 62 additional acres of the Sabal Bay PUD)10/25/2022
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance 97-82, as amended, which created the
Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to include
approximately 62 acres.
OBJECTIVE: To expand the Bayshore Beautification Municipal Service Taxing Unit (MSTU) boundary to
include approximately 62 additional acres of the Sabal Bay PUD.
CONSIDERATIONS: The Board of County Commissioners adopted Ordinance No. 97-82 at the December 16,
1997 regular board meeting. The ordinance established the Bayshore Beatification MSTU District boundary. The
Board of County Commissioners adopted Ordinance No. 18-46 at the September 25, 2018 regular board meeting
expanding the boundary to include right of way along Thomasson Drive from Dominion to Orchard Lane
(approximately 2,688 feet) to accommodate the Thomasson Drive Enhancement Project.
In 2020, Minto Development submitted a PUD amendment to rezone approximately 102 acres of land (Tract R9) to
the Sabal Bay Mixed Use Planned Unit Development and to add 230 dwelling units to the Isle of Collier Preserve
development. The property is located south of Thomasson Drive with access to South Bayshore Drive and is
adjacent to the existing Bayshore Beautification MSTU boundary.
Minto Development presented the proposed expansion to acquire the land and rezone the property at the January 7,
2020 joint meeting of the following three advisory boards; Bayshore Gateway Triangle Local Redevelopment;
Bayshore Beautification MSTU, and Haldeman Creek MSTU. The Boards requested that the developer consider
including the additional 102 acres into the Bayshore Beautification MSTU boundaries to support the ongoing
beautification and maintenance within the district. Further analysis determined that approximately 40 acres of Tract
R9 are in the MSTU and approximately sixty-two of the acres are not in the MSTU boundary.
The Board of County Commissioners adopted Ordinance 2021-04 at the January 26, 2021 regular board meeting to
approve the PUD amendment. During the public hearing to consider the rezoning, the applicant’s representative
stated that if the County desired to expand the boundary of the MSTU to include the additional acres they would
not object.
County staff began working with the developer to secure the legal description in early 2022. The developer closed
on the property on February 2, 2022.
On September 27, 2022, the Board authorized staff to advertise this ordinance and to bring it back for future
consideration.
FISCAL IMPACT: With the addition of the 62 acres, the MSTU District will receive additional annual tax
revenues to continue capital projects and maintenance within the district. Based on the current taxable value and
millage rate the additional tax revenues are estimated at $7,900. The proposed actions described in this executive
summary will have no fiscal impact on the General Fund. Funding for advertising and recording the amendment is
available within Bayshore MSTU Fund (163).
GROWTH MANAGEMENT IMPACT: None
ADVISORY COMMITTEE RECOMMENDATIONS: On November 3, 2020, the Bayshore Gateway Triangle
Local Redevelopment Advisory Board voted unanimously to recommend support of the proposed rezone
application provided the developer agree to include the 102-acre parcel (Tract R9) into the MSTU boundaries in
perpetuity. On November 4, 2020 the Bayshore Beautification MSTU Advisory Board voted unanimously to
recommend support of the proposed rezone application provided the developer agree to include the 102 acre parcel
(Tract R9) into the MSTU boundaries in perpetuity.
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10/25/2022
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for
Board approval. - HFAC
RECOMMENDATION: Recommendation to adopt an Ordinance amending Ordinance 97-82, as amended,
which created the Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to
include approximately 62 acres.
Prepared by: Debrah Forester, CRA Director
ATTACHMENT(S)
1. Proposed Ordinance Expansion 2022- 091422 (PDF)
2. Map of Proposed MSTU_Expansion Boundary (PDF)
3. Codified MSTU Ordinance 97-82 (PDF)
4. legal ad - agenda ID 23159 (PDF)
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10/25/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E
Doc ID: 23159
Item Summary: Recommendation to adopt an Ordinance amending Ordinance 97-82, as amended, which created
the Bayshore Beautification Municipal Service Taxing Unit, to expand the district boundary to include
approximately 62 acres.
Meeting Date: 10/25/2022
Prepared by:
Title: CRA Division Director – Corporate Business Operations
Name: Debrah Forester
10/11/2022 7:53 AM
Submitted by:
Title: CRA Division Director – Corporate Business Operations
Name: Debrah Forester
10/11/2022 7:53 AM
Approved By:
Review:
Tourism Kelly Green Stage 1 Review Completed 10/11/2022 8:23 AM
Corporate Business Operations Jennifer Reynolds Stage 1 Review Completed 10/11/2022 8:37 AM
Corporate Business Operations Debrah Forester Director - CRAs Completed 10/11/2022 10:48 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/14/2022 8:57 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/14/2022 9:59 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/14/2022 10:00 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 10/14/2022 4:38 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 10/18/2022 8:46 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM
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Packet Pg. 1967 Attachment: Proposed Ordinance Expansion 2022- 091422 (23159 : Bayshore MSTU Boundary Expansion Adoption Hearing)
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Packet Pg. 1968 Attachment: Proposed Ordinance Expansion 2022- 091422 (23159 : Bayshore MSTU Boundary Expansion Adoption Hearing)
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Packet Pg. 1969 Attachment: Proposed Ordinance Expansion 2022- 091422 (23159 : Bayshore MSTU Boundary Expansion Adoption Hearing)
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Packet Pg. 1970 Attachment: Proposed Ordinance Expansion 2022- 091422 (23159 : Bayshore MSTU Boundary Expansion Adoption Hearing)
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Packet Pg. 1971 Attachment: Proposed Ordinance Expansion 2022- 091422 (23159 : Bayshore MSTU Boundary Expansion Adoption Hearing)
º0 4,0002,000 FeetPREPARED BY: GIS/CAD MAPPING SECTIONGROWTH MANAGEMENT DEPARTMENTDATE: 07/18/2022FILE: BB_MSTU_Sp
Bayshore Beautification MSTU
LEGEND
Bayshore Beautification MSTU
Proposed Addition
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Packet Pg. 1972 Attachment: Map of Proposed MSTU_Expansion Boundary (23159 : Bayshore MSTU Boundary Expansion
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Sec. 122-2012. - Creation of the municipal service taxing unit.
There is hereby created and established the Bayshore Beautification Municipal Service Taxing Unit, hereinafter
referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Exhibit "A," which is incorporated
herein by reference.
(Ord. No. 97-82, § 2, 12-16-97; Ord. No. 98-29; § 1; Ord. No. 08-20, § 1; Ord. No. 2018-46, § 1)
Editor's note— Said Exhibit "A" is not set out herein, but is on file and available for inspection in the offices of the
county.
Sec. 122-2013. - Purpose and governing body.
The MSTU is created for the purpose of:
Providing curbing, watering facilities, plantings and maintenance of the rights-of-way of roadways within
the MSTU; and
Providing traffic calming improvements, street and pedestrian lighting, sidewalks, driveways and drainage
improvements where a health/safety/welfare issue exists or are associated with a beautification project
within the MSTU; and
Identifying the Bayshore community to include directional and way-finding signs, street furniture and
associated amenities (benches, trash cans, bicycle racks, informational kiosks, etc.) within the MSTU; and
Pedestrian and bicycle mobility improvements (multi-modal pathways, boardwalks, scenic pathways,
nature walks, enhanced bicycle lanes, enhanced crosswalks and pedestrian bridges associated with such
projects; and
Beautification and maintenance of all other public areas within the MSTU as determined by the Bayshore
Beautification MSTU Master Plan and by the Advisory Committee. The governing body of the MSTU shall
be the Board of County Commissioners of Collier County, Florida.
(Ord. No. 97-82, § 3, 12-16-97; Ord. No. 2013-68, § 1)
Sec. 122-2014. - Funding and levy of taxes.
For the purpose of implementing this article, the Board of County Commissioners shall annually, at the time required
by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the
MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following. The estimate
shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within
the MSTU. At the time and place for fixing the annual rate of taxation for county purposes, the board shall fix and cause
to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed three mils per year.
(Ord. No. 97-82, § 4, 12-16-97)
Sec. 122-2015. - Tax assessment and collection.
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Packet Pg. 1973 Attachment: Codified MSTU Ordinance 97-82 (23159 : Bayshore MSTU Boundary Expansion Adoption Hearing)
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Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the
assessment and collection of general county taxes and subject to the same fees for assessing and collecting as general
county taxes.
(Ord. No. 97-82, § 4, 12-16-97)
Sec. 122-2016. - Creation of the Bayshore Beauti cation Advisory Committee; appointment and composition.
There is hereby created and established the Bayshore Beautification Advisory Committee, hereinafter
referred to as the "committee."
The committee shall consist of seven members which generally represent the area within the MSTU.
Members of the committee shall be appointed by and serve at the pleasure of the Board of County
Commissioners. Said members shall be permanent residents or owners of residential or commercial property
within the MSTU and electors of Collier County. An owner of residential or commercial property may be an
individual, an officer of a corporation or a partner of a partnership. The board shall consider appointment of
members from different subdivisions or communities within the MSTU.
Appointment of members to the committee shall be by resolution of the Board of County Commissioners,
which resolution shall set forth the date of appointment and the term of office.
Members of the committee shall serve without compensation, but shall be entitled to receive reimbursement
for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of
County Commissioners.
(Ord. No. 97-82, § 6, 12-16-97; Ord. No. 98-15, § 1; Ord. No. 08-20, § 2)
Sec. 122-2017. - Terms of o ce of the advisory committee.
The initial terms of office of the committee shall be as follows:
Two members shall be appointed for a term of two years.
Two members shall be appointed for a term of three years.
One member shall be appointed for a term of four years.
Thereafter, each appointment or reappointment shall be for a term of four years.
Appointments to fill any vacancies on the committee shall be for the remainder of the unexpired term of office.
(Ord. No. 97-82, § 7, 12-16-97)
Sec. 122-2018. - O cers of the advisory committee; quorum; rules of procedure.
At its earliest opportunity, the membership of the committee shall elect a chairman and vice-chairman from
among the members. Officers terms shall be for one year, with eligibility for re-election.
The presence of four or more members shall constitute a quorum of the committee necessary to take action
and transact business.
The committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction
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Packet Pg. 1974 Attachment: Codified MSTU Ordinance 97-82 (23159 : Bayshore MSTU Boundary Expansion Adoption Hearing)
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of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of
all committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County
Commissioners.
Committee member attendance requirements, including failure to attend meetings and member removal
from office are governed by Ordinance No. 01-55, as amended, or by its successor ordinance.
(Ord. No. 97-82, § 8, 12-16-97; Ord. No. 08-20, § 3)
Sec. 122-2019. - Functions, powers and duties of the advisory committee.
The functions, powers and duties of the committee shall be as follows:
To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU as set
forth in this article.
To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of
money required to carry out the business of the MSTU for the next fiscal year.
In carrying out this responsibility, the committee shall, no later than April 1st of each year, meet with the
county administrator or his designee and outline to the county administrator or his designee those
projects which the committee wishes to see accomplished during the next fiscal year. Based upon this
information, the county administrator or his designee shall prepare a proposed budget for the MSTU, in
accordance with standard county guidelines regarding the preparation of budgets. This proposed budget
shall then be reviewed by the committee and upon approval by the committee be transmitted through
the county administrator or his designee to the Board of County Commissioners for adoption in
accordance with procedures for the adoption of budgets set forth under general law and the Board of
County Commissioners policy. Should the committee fail to approve a budget by June 1st of each year,
the county administrator or his designee shall be authorized to submit a proposed budget to the Board of
County Commissioners.
The committee shall recommend work programs and priorities to the county administrator or his
designee in accordance with the adopted budget or budget amendments which may be adopted by the
Board of County Commissioners. The execution of work programs shall be under the direct supervision
and responsibility of the county administrator or his designee. Said work may be performed under
contract (in accordance with law) or by county forces.
The committee may adopt and amend "guidelines" to govern its operation and the operation of the
MSTU, subject to approval by the Board of County Commissioners.
(Ord. No. 97-82, § 9, 12-16-97)
Sec. 122-2020. - Duties of the county administrator or his designee.
The duties of the county administrator or his designee shall be:
To administer the activities of the MSTU in accordance with established policies of the Board of County
Commissioners and guidelines adopted by the committee.
To prepare the annual budget in accordance with section 122-2019(2), above.
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Packet Pg. 1975 Attachment: Codified MSTU Ordinance 97-82 (23159 : Bayshore MSTU Boundary Expansion Adoption Hearing)
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To provide periodic written reports to the committee, and the Board of County Commissioners of the activit
MSTU and its finances in accordance with established guidelines of the Board of County Commissioners and
committee.
Attend all committee meetings.
(Ord. No. 97-82, § 10, 12-16-97)
Sec. 122-2021. - Review process.
This advisory committee shall be reviewed once every four years commencing 2001, in accordance with the
procedures contained in Collier County Ordinance No. 01-55, as amended, or its successor ordinance.
(Ord. No. 97-82, § 11, 12-16-97)
Secs. 122-2022—122-2030. - Reserved.
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Packet Pg. 1976 Attachment: Codified MSTU Ordinance 97-82 (23159 : Bayshore MSTU Boundary Expansion Adoption Hearing)
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Packet Pg. 1977 Attachment: legal ad - agenda ID 23159 (23159 : Bayshore MSTU Boundary Expansion Adoption Hearing)