Agenda 03/28/2023 Item #16K1 (Settlement of a Bert Harris Claim filed pursuant to Florida Statutes related to application of the County's Golf Course Conversation Ordinance on the Links of Naples Golf Course)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
March 28, 2023
Move Item 16K1 to 12A: Recommendation to approve and authorize the
Chairman to execute a Settlement Agreement with Naples Golf Development,
LLC, for settlement of a Bert Harris Claim filed pursuant to Florida Statutes
§70.001, related to application of the County’s Golf Course Conversion
Ordinance on the Links of Naples Golf Course. (All Districts) (Commissioner
McDaniel’s Request)
Item 3A2b to be continued to the April 11, 2023 BCC Meeting: 25 Years - Jeanne Marcella - Transportation
Management Services - Administrative Support Specialist II (Staff’s Request)
Item 16C5 to be continued to the April 11, 2023: Recommendation to 1) approve the attached Agreement and
Access and Utility Easement to allow VB BTS, II, LLC, access to its proposed communications tower through
Palm Springs Neighborhood Park and authorize the Chairman to execute same on behalf of the Board of County
Commissioners; 2) Direct the County Manager or her designee, to record the Access and Utility Easement in the
Public Records of Collier County, Florida; and 3) Direct staff to ensure that all proposed improvements discussed
herein are part of and incorporated within the SDP (PL20210000655). (District 1) (Staff’s Request)
Notes:
Correction to the Index Title for 16C1: The ITB # should be 23-8088 rather than what was published in the
agenda Index of 22-8088.
TIME CERTAIN ITEMS:
Item 10A to be heard at 10:00 AM: Advertise and bring back for a hearing for an ordinance for the Collier
County Health Freedom Bill of Rights, and to adopt the Collier County Health Freedom Resolution.
3/31/2023 9:50 AM
03/28/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute a Settlement Agreement with Naples
Golf Development, LLC, for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001,
related to application of the County’s Golf Course Conversion Ordinance on the Links of Naples Golf
Course.
____________________________________________________________________________________________
OBJECTIVE: To approve a settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001 with
Naples Golf Development, LLC, related to application of the County’s Golf Course Conversion Ordinance on the
Links of Naples Golf Course.
CONSIDERATIONS: On June 24, 2022, Naples Golf Development, LLC (“Claimant”) filed a Bert Harris claim
pursuant to Florida Statutes §70.001 against the County. Claimant is the owner of the Links of Naples Golf Course,
located along Tamiami Trail East as shown below, and alleges that the property has been inordinately burdened by
the adoption of Ordinance No. 2017-10, as amended, the County’s Golf Course Conversion Ordinance.
The Bert Harris Act authorizes the County to enter into a settlement agreement that provides an exception to local
regulations, including the Land Development Code and Growth Management Plan. In coordination with the
Claimant, the County has made a settlement offer which the Claimant has accepted, subject to approval by the
Board. The proposed settlement agreement allows the Claimant to construct up to three (3) single family residential
dwelling units per acre, not to exceed 247 single family residential dwelling units, and provides for site-specific
development standards. Currently, the property is zoned Rural Agricultural District (A) and is in the Rural Fringe
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Mixed-Use (RFMU) District, which would allow for a maximum of one (1) residential dwelling unit per acre
through the Transfer of Development Rights process.
Claimant will be retaining 50% open space on the property and has agreed to provide an enhanced Type B buffer
along the eastern boundary of the Property, which abuts single-family homes. Accordingly, the settlement protects
the public’s interest while also preventing the golf course conversion regulations from inordinately burdening the
property.
At its February 14, 2023, meeting, the Board directed Staff to prepare an LDC amendment to Section 5.05.15,
Conversion of Golf Courses to minimize future litigation in connection with the County’s golf course conversion
process. Clarification of the applicability of the Ordinance to stand-alone golf courses such as the Links of Naples
will help to minimize future Bert Harris claims.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: Comprehensive Planning has reviewed the settlement agreement and
the proposed settlement is an exception to what is authorized by the Growth Management Plan, as authorized by
state statute.
LEGAL CONSIDERATIONS: The Bert Harris Act authorizes the County to make a settlement offer and enter
into a settlement agreement which would have the effect of a modification, variance, special exception, or any other
extraordinary relief from the application of a rule, regulation, or ordinance as it would otherwise apply to property
in Collier County, provided that the relief granted protects the public interest served by the regulations at issue and
is the appropriate relief necessary to prevent the governmental regulations from inordinately burdening the
property. Accordingly, this item is approved as to form and legality and requires a majority vote for approval. -
SAA
RECOMMENDATION: To approve and authorize the Chairman to execute a Settlement Agreement with Naples
Golf Development, LLC, for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001, related to
application of the County’s Golf Course Conversion Ordinance on the Links of Naples Golf Course.
PREPARED BY: Sally A. Ashkar, Assistant County Attorney
ATTACHMENT(S)
1. Executed Settlement Agreement 031623 (PDF)
2. LOCATION MAP (DOCX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 24998
Item Summary: Recommendation to approve and authorize the Chairman to execute a Settlement Agreement with
Naples Golf Development, LLC, for settlement of a Bert Harris Claim filed pursuant to Florida Statutes §70.001,
related to application of the County’s Golf Course Conversion Ordinance on the Links of Naples Golf Course.
Meeting Date: 03/28/2023
Prepared by:
Title: – County Attorney's Office
Name: Madison Bird
03/16/2023 3:09 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
03/16/2023 3:09 PM
Approved By:
Review:
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/16/2023 3:15 PM
Zoning Mike Bosi Additional Reviewer Completed 03/16/2023 3:32 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/16/2023 3:42 PM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Completed
03/16/2023 5:59 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2023 8:43 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 03/17/2023 4:08 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/20/2023 6:11 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/28/2023 9:00 AM
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Packet Pg. 2213 Attachment: Executed Settlement Agreement 031623 (24998 : Settlement Agreement with Naples Golf Development, LLC - Bert Harris Claim)
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Packet Pg. 2214 Attachment: Executed Settlement Agreement 031623 (24998 : Settlement Agreement with Naples Golf Development, LLC - Bert Harris Claim)
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Packet Pg. 2215 Attachment: Executed Settlement Agreement 031623 (24998 : Settlement Agreement with Naples Golf Development, LLC - Bert Harris Claim)
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Packet Pg. 2216 Attachment: Executed Settlement Agreement 031623 (24998 : Settlement Agreement with Naples Golf Development, LLC - Bert Harris Claim)
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Packet Pg. 2217 Attachment: Executed Settlement Agreement 031623 (24998 : Settlement Agreement with Naples Golf Development, LLC - Bert Harris Claim)
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Packet Pg. 2218 Attachment: Executed Settlement Agreement 031623 (24998 : Settlement Agreement with Naples Golf Development, LLC - Bert Harris Claim)
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Packet Pg. 2219 Attachment: Executed Settlement Agreement 031623 (24998 : Settlement Agreement with Naples Golf Development, LLC - Bert Harris Claim)
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Packet Pg. 2223 Attachment: Executed Settlement Agreement 031623 (24998 : Settlement Agreement with Naples Golf Development, LLC - Bert Harris Claim)
LOCATION MAP
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Packet Pg. 2224 Attachment: LOCATION MAP (24998 : Settlement Agreement with Naples Golf Development, LLC - Bert