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Agenda 06/11/2024 Item #17B (Ordinance - Amending the Collier County Lighting District to add Mission Hills Drive, Bluckstone Drive, and Pristine Drive)06/11/2024 EXECUTIVE SUMMARY Recommendation to approve an amendment of the Collier County Ordinance No. 72-1, as amended, the Collier County Lighting District Ordinance, to include Mission Hills Drive, Buckstone Drive, and Pristine Drive in the Collier County Lighting District, for the benefit of surrounding residential subdivisions including Black Bear Ridge, Sonoma Oaks, Raffia Preserve, Vanderbilt Reserve, Falls of Portofino Condominium, the Mission Hills Shopping Center and Vanderbilt Commons commercial developments, and the remaining commercial parcels located on the northwest corner of the intersection of Vanderbilt Beach Road and Collier Boulevard, lying in Section 34, Township 48 South, Range 26 East. OBJECTIVE: To amend Collier County Ordinance No. 72-1, as amended (the Collier County Lighting District); to add Mission Hills Drive, Buckstone Drive, and Pristine Drive to the Collier County Lighting District for the benefit of neighboring property owners. CONSIDERATION: The County accepted the transfer of the roadway maintenance for Mission Hills Drive, Buckstone Drive, and Pristine Drive without including the lighting system in the agreement. The lack of maintenance of the roadway lighting along these roadways has been an ongoing safety concern. In order for the County’s Transportation Engineering Division to take over maintenance of these thirty (30) streetlights, the area needs to be incorporated into the Collier County Lighting District. The benefitting residential areas are Black Bear Ridge, Sonoma Oaks, Raffia Preserve, Vanderbilt Reserve, Falls of Portofino Condominium. The benefiting commercial areas are the Mission Hills Shopping Center and Vanderbilt Commons commercial developments, and the remaining commercial parcels located on the northwest corner of the intersection of Vanderbilt Beach Rd and Collier Blvd., lying in Section 34, Township 48 South, Range 26 East. A map showing the affected properties is attached. The complete list of homeowners and business owners who benefit from this roadway lighting has been collected and millage will be increased to assist in the energy and maintenance costs of these streetlights. The projected millage rate for 2025 would be 0.1025 (for a house with a taxable value of $500,000, the property owner would pay $51.25 in additional annual taxes). Collier County Code of Laws and Ordinances at Section 122-1(a) sets forth the procedure to create or enlarge a lighting district and provides it may be done by three affirmative votes by the Board or by petition to the Board by 50% plus 1 of the persons owning property within the imposed district. A mailed notice was not provided to the property owners. This item is consistent with the Collier County strategic plan objective to optimize the useful life of all public infrastructure and resources through proper planning and preventative maintenance. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for approval. -SAA FISCAL IMPACT: This extension of the Collier County Lighting District would increase the tax levy by $44,426.81 annually. This increase would assist with the operations and maintenance of the proposed lighting district, which would include energy costs, luminaire and light pole maintenance, and replacement of parts. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long-Range Transportation Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major roadway system at an acceptable Level of Service. RECOMMENDATION: To approve an amendment of the Collier County Ordinance No. 72-1, as amended, the Collier County Lighting District Ordinance, to include Mission Hills Drive, Buckstone Drive, and Pristine Drive in the Collier County Lighting District, for the benefit of surrounding residential subdivisions including Black Bear Ridge, Sonoma Oaks, Raffia Preserve, Vanderbilt Reserve, Falls of Portofino Condominium, the Mission Hills 17.B Packet Pg. 2143 06/11/2024 Shopping Center and Vanderbilt Commons commercial developments, and the remaining commercial parcels located on the northwest corner of the intersection of Vanderbilt Beach Road and Collier Boulevard, lying in Section 34, Township 48 South, Range 26 East. Prepared by: Roy E. Lolly, Project Manager II, Transportation Management Services Department ATTACHMENT(S) 1. ParcelsVBRCollier 030424 (PDF) 2. Map with Streetlights (dots) (PDF) 3. Ordinance 032024 (PDF) 4. Business Impact Estimate - Lighting District amendment (PDF) 5. legal ad - agenda ID 28751 (Lighting District amendment) (PDF) 17.B Packet Pg. 2144 06/11/2024 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 28751 Item Summary: Recommendation to approve an amendment of the Collier County Ordinance No. 72-1, as amended, the Collier County Lighting District Ordinance, to include Mission Hills Drive, Buckstone Drive, and Pristine Drive in the Collier County Lighting District, for the benefit of surrounding residential subdivisions including Black Bear Ridge, Sonoma Oaks, Raffia Preserve, Vanderbilt Reserve, Falls of Portofino Condominium, the Mission Hills Shopping Center and Vanderbilt Commons commercial developments, and the remaining commercial parcels located on the northwest corner of the intersection of Vanderbilt Beach Road and Collier Boulevard, lying in Section 34, Township 48 South, Range 26 East. Meeting Date: 06/11/2024 Prepared by: Title: – Transportation Engineering Name: Roy Lolly 04/30/2024 1:56 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 04/30/2024 1:56 PM Approved By: Review: Transportation Engineering Daniel Hall TMSD Reviewer Completed 04/30/2024 2:20 PM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 04/30/2024 2:44 PM Transportation Engineering Valerie Fleming Other Reviewer Completed 05/01/2024 8:31 AM Transportation Engineering Jay Ahmad TMSD Reviewer Completed 05/13/2024 9:06 AM Transportation Management Operations Support Tara Castillo TMSD Reviewer Completed 05/13/2024 2:19 PM Road Maintenance Ellen Sheffey Other Reviewer Completed 05/14/2024 8:08 AM Unknown Anthony Khawaja TMSD Reviewer Completed 05/14/2024 12:07 PM Transportation Management Services Department Trinity Scott Transportation Completed 05/20/2024 12:08 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 05/22/2024 2:43 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/23/2024 8:56 AM Office of Management and Budget Agnieszka Chudy OMB Reviewer Completed 05/23/2024 2:52 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/28/2024 3:22 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/05/2024 10:13 AM Board of County Commissioners Geoffrey Willig Meeting Pending 06/11/2024 9:00 AM 17.B Packet Pg. 2145 Vanderbilt Beach RD Wolfe RD U p o lo L NPrescottLN R a f f i a DR Valenti a W A Y W h id b e y W A Y PreswickLN Bristol CIR Tree Farm RD Collier BLVDHelmsman DR GilfordWAYPinnacle PLAcorn WAYBu cksRunDRRedondaLN CaymanLNFutunaLNDanbury BLVDTam arin dWA Y HatterasWAYVanderbilt WAY Bismark WAY Beaufort CIR Radcliffe TER IslandPondLNPristine DRT rin id a d WAY Abaca CIRS u m mitPlaceCIR Ellice WAYK in g fisherLOOPExumaWAYTuscany Pointe TRL Buckstone DRAngu il l a W A Y Raffia Palm CIR F orm o s a DR Morgan WAYSonomaOaksDRAmbrosia LN Madagascar Palm WAY BarbadosLNLoggerhead DR TorinoTERZanzibar WAY Towncenter CIR S aintGeorgeLN Venice W AY Islandwalk CIR Rockefeller DR Sut h e r la n d A VEBravada WAY Romana WAYCarnegie WAYMission Hills DR Tuscany Pointe CV Dominica WAYA b a c o W A Y Tabago L N Sonoma Oaks CIRJ u d eIslandW AYYa k o b i L NRaffiaPres e rveWAYBristol STCubs WAY Cas t el l o WAY Su m m i t P l a c e B LV D Roc k ef el l er WAYFormosaDR Tuscany Pointe TRLCollier BLVDPristine DRSummit Place CIRBristolCIR Pristine DRTree Farm RD Vanderbilt Beach RDIslandwalk CIRIslandwalk CIRSummitPlaceCIRIslandwalk CIR Acorn WAYTuscany Pointe TRL A c o r n W A Y Collier BLVDIsland wa lk CIR Buckstone DRIslandwalk CIRIslandwalk CIRRockefeller DR Venice WAY Ambrosia LNSonoma Oaks DRMission Hills DR Sutherland AVE R affia D R Islandwalk CIR R a ffiaPalmCIRZanzibar WAYPristine DRIslandwalk CIRKingfisher LOOPIslandwalk CIRIslandwalkCIR Towncenter CIR Danbury BLVD Exuma W A Y Islandwa lk C IR Ambrosia LNIslandwalk CIRBristol CIR Acorn WAY Islandwalk CIR Islandwalk C I R Islandwalk CIRIslandwalkCIR Collier BLVDVanderbilt Beach RD R a ff i a Palm CIR Summit P la c e C IR IslandwalkCIR Rockefeller DR Acorn WAYWolfe RD IslandwalkCIRBristol CIR Bucks Run DR RaffiaPalm CIR Morgan WAY Vanderbilt Beach RD RaffiaPalmCIR Vanderbilt Beach RD S u mmi tPlaceCIRTuscany Pointe TRL Loggerhead DR Danbury BLVDIslandwalk CIR Collier BLVDS u t h e r l a n d AV E T i t l e ¯ Prepared by the Asset & Information Systems SectionTMSD Operations and Peformance Management Division March 2024H:\C&M\Brian Chorman\MapRequests\2023_08_31_ParcelMapVBRCollier Business Parcels Residential Parcels 0 300 600 900 Feet 17.B.a Packet Pg. 2146 Attachment: ParcelsVBRCollier 030424 (28751 : Amendment of the Collier County Ordinance No. 72-1)  17.B.bPacket Pg. 2147Attachment: Map with Streetlights (dots) (28751 : Amendment of the Collier County Ordinance No. 72-1) 17.B.c Packet Pg. 2148 Attachment: Ordinance 032024 (28751 : Amendment of the Collier County Ordinance No. 72-1) 17.B.c Packet Pg. 2149 Attachment: Ordinance 032024 (28751 : Amendment of the Collier County Ordinance No. 72-1) 17.B.c Packet Pg. 2150 Attachment: Ordinance 032024 (28751 : Amendment of the Collier County Ordinance No. 72-1) 1 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the County’s website by the time notice of the proposed ordinance is published. Publish on County website prior to: _May 22, 2024_[expected legal advertising date] Proposed ordinance’s Short Title: To approve an amendment of Collier County Ordinance No. 72-1, as amended, the Collier County Lighting District Ordinance, to include Mission Hills Drive, Buckstone Drive, and Pristine Drive in the Collier County Lighting District, for the benefit of surrounding residential subdivisions including Black Bear Ridge, Sonoma Oaks, Raffia Preserve, Vanderbilt Reserve, Falls of Portofino Condominium, the Mission Hills Shopping Center and Vanderbilt Commons commercial developments, and the remaining commercial parcels located on the northwest corner of the intersection of Vanderbilt Beach Road and Collier Boulevard, lying in Section 34, Township 48 South, Range 26 East. This Business Impact Estimate is provided in accordance with section 125.66(3), Florida Statutes. If one or more boxes are checked below, this means the County is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the County is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: 1 See Section 125.66(3)(c), Florida Statutes. 17.B.d Packet Pg. 2151 Attachment: Business Impact Estimate - Lighting District amendment (28751 : Amendment of the Collier County Ordinance No. 72-1) 2 a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the County hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): To approve an amendment of the Collier County Ordinance No. 72-1, as amended, the Collier County Lighting District Ordinance, to include Mission Hills Drive, Buckstone Drive, and Pristine Drive in the Collier County Lighting District, for the benefit of surrounding residential subdivisions including Black Bear Ridge, Sonoma Oaks, Raffia Preserve, Vanderbilt Reserve, Falls of Portofino Condominium, the Mission Hills Shopping Center and Vanderbilt Commons commercial developments, and the remaining commercial parcels. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the County, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of the County’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. This amendment to extend the Collier County Lighting District creates no direct economic impact on any businesses within Mission Hills Drive, Buckstone Drive, or Pristine Drive. However, an increase of the tax levy by $44,426.81 annually for the operations and maintenance of the proposed lighting district, which would include energy costs, luminaire and light pole maintenance, and replacement of parts, will be paid by residents of the residential subdivisions including Black Bear Ridge, Sonoma Oaks, Raffia Preserve, Vanderbilt Reserve, Falls of Portofino Condominium, and owners of the commercial properties of the Mission Hills Shopping Center and Vanderbilt Commons commercial developments, and the remaining commercial parcels located on the northwest corner of the intersection of Vanderbilt Beach Rd. and Collier Blvd., lying in Section 34, Township 48 South, Range 26 East. The projected millage rate for homeowners and business owners who benefit from the roadway lighting would be 0.1025 for the year 2025. 17.B.d Packet Pg. 2152 Attachment: Business Impact Estimate - Lighting District amendment (28751 : Amendment of the Collier County Ordinance No. 72-1) 3 3.Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: The commercial areas that will be subject to the Ordinance amendment are the Mission Hills Shopping Center and Vanderbilt Commons commercial developments, and the remaining commercial parcels located on the northwest corner of the intersection of Vanderbilt Beach Rd. and Collier Blvd., lying in Section 34, Township 48 South, Range 26 East. 4. Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: County staff solicited comments from businesses in the County as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on County website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses). The proposed Ordinance amendment affects all property owners, not just businesses, that benefit from the roadway lighting. The benefitting residential areas are Black Bear Ridge, Sonoma Oaks, Raffia Preserve, Vanderbilt Reserve, Falls of Portofino Condominium. The benefitting commercial areas are the Mission Hills Shopping Center and Vanderbilt Commons commercial developments, and the remaining commercial parcels located on the northwest corner of the intersection of Vanderbilt Beach Rd. and Collier Blvd., lying in Section 34, Township 48 South, Range 26 East. Posted to notices.collierclerk.com on May 22, 2024. 17.B.d Packet Pg. 2153 Attachment: Business Impact Estimate - Lighting District amendment (28751 : Amendment of the Collier County Ordinance No. 72-1) NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on June 11, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72- 1, AS AMENDED, ALSO CITED AS SECTION 122-81 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT, TO INCLUDE MISSION HILLS DRIVE, BUCKSTONE DRIVE, AND PRISTINE DRIVE IN THE COLLIER COUNTY LIGHTING DISTRICT, FOR THE BENEFIT OF SURROUNDING RESIDENTIAL SUBDIVISIONS INCLUDING BLACK BEAR RIDGE, SONOMA OAKS, RAFFIA PRESERVE, VANDERBILT RESERVE, FALLS OF PORTOFINO CONDOMINIUM, THE MISSION HILLS SHOPPING CENTER AND VANDERBILT COMMONS COMMERCIAL DEVELOPMENTS, AND THE REMAINING COMMERCIAL PARCELS LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF VANDERBILT BEACH ROAD AND COLLIER BOULEVARD, LYING IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. 17.B.e Packet Pg. 2154 Attachment: legal ad - agenda ID 28751 (Lighting District amendment) (28751 : Amendment of the Collier County Ordinance No. 72-1) If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN Posted to notices.collierclerk.com on May 22, 2024 17.B.e Packet Pg. 2155 Attachment: legal ad - agenda ID 28751 (Lighting District amendment) (28751 : Amendment of the Collier County Ordinance No. 72-1)