Agenda 11/15/2016 Item #17I Proposed Agenda Changes
Board of County Commissioners Meeting
November 15, 2016
***REMAINED ON CONSENT AGENDA***
Move Item 17I to Item 9B: Recommendation to adopt an amendment to Ordinance No.
2010-29, the Collier County Public Parks and Beach Access Parking Ordinance, to clarify
its intent as it relates to park and beach users who also wish to visit nearby shopping and
restaurants as part of the overall recreational opportunity for that beach or park.
(Commissioner Taylor's request)
Time Certain Items:
Item 11C to be heard at 10:00 a.m., immediately followed by Item 11B
11/15/2016 8:32 AM
17.1
11/15/2016
EXECUTIVE SUMMARY
Recommendation to adopt an amendment to Ordinance No. 2010-29, the Collier County Public
Parks and Beach Access Parking Ordinance, to clarify its intent as it relates to park and beach
users who also wish to visit nearby shopping and restaurants as part of the overall recreational
opportunity for that beach or park.
OBJECTIVE: To amend Ordinance No. 2010-29 to allow users of designated"Public Park Parking" and
"Public Beach Access Parking"to also visit nearby shops and restaurants without having to find alternate
parking.
CONSIDERATIONS: Collier County currently provides parking lots and garages for public parks and
beach access intended to benefit those members of the public wishing to use the park or beach. Despite
its intended public benefit of providing ample parking for public beaches and parks, many of the public
parking facilities were used for commercial overflow parking and private use.
On July 27,2010,the Board of County Commissioner(Board)adopted Ordinance No. 2010-29,known as
the Collier County Public Parks and Beach Access Parking Ordinance, as a means to limit the use of
"Public Park Parking" and "Public Beach Access Parking" to only those using the public park or beach
access. Concurrent with the adoption of Ordinance No. 2010-29, the Board approved Resolution 2010-
143 which designated certain areas owned or leased by the County as "Public Park Parking" or "Public
Beach Access Parking."
At its October 11, 2016 Regular Meeting, the Board recognized that strict enforcement of Ordinance No.
2010-29 would prohibit beachgoers and those using public parks from also visiting nearby complimentary
facilities such as stores and restaurants without having to find alternate parking. At the Board's request,
and having worked with the County's Planning and Zoning Director, the County Attorney recommends
the following amendment to Section Four of Ordinance No. 2010-29:
"SECTION FOUR: Public Parks and Beach Access Parking.
Public Parks and Beach Access Parking is to be utilized solely primarily for the
purpose of accessing public parks and beaches. It shall be a violation of this Ordinance
for anyone to park in an area designated as "Public Park Parking" or "Public Beach
Access Parking" who is has not utilizinged a public park or beach during the hours from
dawn to dusk."
At its October 25, 2016 Regular Meeting, the Board authorized the County Attorney to advertise
the proposed amending Ordinance for future consideration.
FISCAL IMPACT: The cost to advertise the proposed Ordinance was $375.21.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney drafted the proposed Ordinance and approved it
as to form and legality. Majority support of the Board is required for approval.-JAK
RECOMMENDATION: That the Board adopt the attached ordinance amending Ordinance No. 2010-
29 to allow for greater parking flexibility for beach and park users.
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11/15/2016
Prepared by: Jeffrey A.Klatzkow,County Attorney
ATTACHMENT(S)
1.Beach Access Parking Ordinance Amendment-JAK signed (PDF)
2. Ordinance No.2010-29 (PDF)
3.Resolution No 2010-143 (PDF)
4.Legal Ad ID 2290 -Beach Access Parking (PDF)
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11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.I
Item Summary: Recommendation to adopt an amendment to Ordinance No. 2010-29, the Collier
County Public Parks and Beach Access Parking Ordinance, to clarify its intent as it relates to park and
beach users who also wish to visit nearby shopping and restaurants as part of the overall recreational
opportunity for that beach or park.
Meeting Date: 11/15/2016
Prepared by:
Title: Legal Assistant/Paralegal—County Attorney's Office
Name: Virginia Neet
10/31/2016 9:51 AM
Submitted by:
Title: County Attorney—County Attorney's Office
Name: Jeffrey A. Klatzkow
10/31/2016 9:51 AM
Approved By:
Review:
C.), County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/31/2016 10:36 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/31/2016 11:50 AM
Budget and Management Office Mark lsackson Additional Reviewer Completed 11/01/2016 2:02 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 11:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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ORDINANCE NO.2016- °'
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 2010-29, 0,
THE PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE,
SPECIFICALLY SECTION FOUR "PUBLIC PARKS AND BEACH
ACCESS PARKING;" PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE OF
LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE
DATE.
a.
WHEREAS, on July 27, 2010, the Board of County Commissioners (Board) adopted
Ordinance No. 2010-29, the Collier County Public Parks and Beach Access Parking Ordinance, v
which provided in part that"Public Parks and Beach Access Parking is to be utilized solely for the 00
purpose of accessing public parks and beaches;"and
WHEREAS, questions have arisen whether beachgoers may also utilize complimentary
facilities, such as convenience retail establishments and/or eating places, to purchase such items
as suntan lotion or to partake of food and drink as part of the overall recreational opportunity that
the beach or park provides; and y
WHEREAS, it was never the intent of the Board to prohibit park and beachgoers from
utilizing these complimentary facilities which enhance the recreational opportunities provided to
the general public;and
WHEREAS,the Board wishes to clarify its intent with respect to this ordinance.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: c
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SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO.2010-29. 0,
Section Four of Ordinance No. 2010-29,titled "Public Parks and Beach Access Parking,"
is hereby amended as follows: Q.
SECTION FOUR: Public Parks and Beach Access Parking.
Public Parks and Beach Access Parking is to be utilized solely primarily for
the purpose of accessing public parks and beaches. It shall be a violation of this m
Ordinance for anyone to park in an area designated as "Public Park Parking" or
"Public Beach Access Parking" who is has not utilizinged a public park or beach E
during the hours from dawn to dusk.
Words Underlined are added;Words Through are deleted.
Page 1 of 2 Packet Pg. 2154
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SECTION TWO: CONFLICT AND SEVERABILITY.
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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 a)
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 N
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. -°a
The provisions of this Ordinance shall become and be made a part of the Code of Laws c
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or m
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier N
County,Florida,this day of . 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA
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By: By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
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coApe n as o form and legality: a
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Words Underlined are added;Words StEttelE411cough are deleted.
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PA ORDINANCE NO.2010-29
ex V, ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS *-\,
i£oe6zsZ� ' I LLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS����• `?•,,
RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS
BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF '14
PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; en
PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH
ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY o
COUNTY RESOLUTION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
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DATE.
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WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents of the county by enacting a
and enforcing regulations concerning the use of property necessary for the protection and benefit
of the public; and
WHEREAS, Collier County currently provides parking lots and garages for public parks °
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and beach access intended to benefit those members of the public seeking recreation;and
WHEREAS, contrary to the intended public benefit of these public park and beach access
parking facilities, certain public parking garages and lots are being used for commercial overflow ••
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parking and private uses;and
WHEREAS, the Board of County Commissioners desires to adopt regulations relating to
public parks and beach access parking facilities in order to preserve their intended benefit,which is N
to provide adequate public park and beach access parking for Collier County citizens and visitors. Z
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
t13COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: o
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SECTION ONE: Title.
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This Ordinance shall be known and may be cited as the "Collier County Public Parks and
Beach Access Parking Ordinance."
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SECTION TWO: Purpose and Intent.
The purpose of this Ordinance is to provide,maintain and ensure the availability of parking
for those members of the public who seek access to Collier County public parks and beaches.
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SECTION THREE: Applicability.
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This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier
County,Florida. a
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SECTION FOUR: Public Parks and Beach Access Parking.
Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing
public parks and beaches. It shall be a violation of this Ordinance for anyone to park in an area
designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a m
public park or beach during the hours from dawn to dusk.
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SECTION FIVE: Designation of Public Parks and Beach Access Parking by Resolution.
A. The County Manager, or his designee, shall investigate and make recommendations to the
Board of County Commissioners concerning which areas to designate as Public Park
Parking or Public Beach Access Parking. Recommendations shall be in accordance with
the terms of this Ordinance in an effort to protect the public's ability to access the public o
parks and beaches of Collier County as well as to aid in the implementation of the v
conditions set forth in this Ordinance.
B. Upon the advice of the County Manager or his designee, the Board of County 0
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Commissioners may, by Resolution, designate certain areas owned or leased by the County
as Public Park Parking or Public Beach Access Parking.
C. Upon the Board of County Commissioners enacting a Resolution designating certain areas
owned or leased by the County as Public Park Parking or Public Beach Access Parking,
such parking facilities, parking lots or portions thereof so designated shall be posted
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specifying the restrictions or prohibitions, as enacted by the Board of County
Commissioners.
D. The presence of a beach parking permit upon a vehicle shall not be considered as evidence
of intent to go to the beach.
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SECTION SIX: Penalty for Violations. c
Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this
Ordinance shall be deemed to be charged with a noncriminal violation and shall be assessed a civil
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penalty of thirty dollars ($30.00). The distribution of fines and provisions for late payment
penalties shall be in accordance with Section 130-46, as it may be amended, of the Collier County
Code of Laws and Ordinances. co
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SECTION SEVEN: 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 court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
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separate, distinct and independent provision and such holding shall not affect the validity of the N
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remaining portion. 0
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SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. co
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The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
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lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION NINE: Effective Date.
This Ordinance shall become effective upon filing with the Department of State. ,,,k
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this 27th day of July,2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E;BI, 9CK,CLERK COLLIER COUNTY,FLORIDA c
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By: s'L.,-,.1 - A.0'4e` 6.S C r By: c
'` 4111i , utX Clerk FRED W.COYLE,CHAIRMAN
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STATE OF FLORIDA)
COUNTY OF COLLIER)
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I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do 0,
hereby certify that the foregoing is a true and correct
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copy of: 0
ORDINANCE 2010-29 Q
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Which was adopted by the Board of County Commissioners
on the 27th day of July, 2010, during Regular Session. 0
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WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
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day of July, 2010 .
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DWIGHT E. BROCK
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Clerk of CourtsA *CUkgrk •
Ex-officio-to:g® f1"of
County Corn istiti.b. `'S
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By: Ann Jennej oh m,"' :'
Deputy Clerk E
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RESOLUTION NO.2010- 143
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, DESIGNATING CERTAIN
AREAS OWNED OR LEASED BY COLLIER COUNTY AS PUBLIC
PARK PARKING OR PUBLIC BEACH ACCESS PARKING INra
ACCORDANCE WITH THE PROCEDURES SET FORTH IN
ORDINANCE NO. 2010-29, THE "COLLIER COUNTY PUBLIC o
PARKS AND BEACH ACCESS PARKING ORDINANCE." a�
WHEREAS, on July 27, 2010, Board of County Commissioners (Board) adopted a.
Ordinance No. 2010-29, the"Collier County Public Parks and Beach Access Parking Ordinance"
to address the use of certain public garages and lots for commercial overflow parking and
privates uses which is contrary to the intended public benefit of these public park and beach
access facilities;and
WHEREAS, in an effort to protect the public's ability to access the public parks and
beaches of Collier County, the Board considered the recommendations of County staff and -
determined that certain County-owned or County-leased lands should be designated as Publico
Park Parking or Public Beach Access Parking in accordance with Ordinance No. 2010-29;and °;
WHEREAS, the Board wishes to implement the provisions of Ordinance No. 2010-29
including the prohibition against anyone parking in an area designated as "Public Park Parking" 0
or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours
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from dawn to dusk.
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NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following County-owned or
County-leased lands are hereby designated as "Public Park Parking" or "Public Beach Access
Parking."
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(1) Any and all Collier County beach park facilities and beach parking locations
where parking fees are charged and/or required.
(2) Any and all Collier County park facilities. "0-
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BE IT FURTHER RESOLVED that this Resolution shall become effective upon posting o
of appropriate signage specifying the restrictions or prohibitions enacted by the Board of County 2
Commissioners. a
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THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same i
this 27th day of July, 2010. a
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NOTICE OF INTENT TO CONSIDER ORDINANCE m
Notice is hereby given that on Tuesday,November 15,2016,in the c
Boardroom,Third Floor, Administration Building,Collier County c
Government Center,3299 Tamiami Trail East,Naples,Florida,the
Board of County Commissioners,will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows: co
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE rs
2010-29, THE PUBLIC PARKS AND BEACH ACCESS PARKING n-
ORDINANCE,SPECIFICALLY SECTION FOUR"PUBLIC PARKS AND vv)
BEACH ACCESS PARKING;" PROVIDING FOR CONFLICT AND w
SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE OF U
LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE Q
DATE. •.c
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A Copy of the proposed Ordinance is on file with the Clerk to the '0 ate,
Board and is available for inspection. All interested parties are m -a
invited to attend and be heard. vi c
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NOTE: All persons wishing to speak on any agenda item must °'• c.)
register with the County administrator prior to presentation of `c mi
the agenda item to be addressed. Individual speakers will be ro a
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limited to 3 minutes on any item. The selection of an individual
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to speak on behalf of an organization or group is encouraged. w
If recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item. ro cai
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Persons wishing to have written or graphic materials included in c
the Board agenda packets must submit said material a minimum a ,D
of 3 weeks prior to the respective public hearing. In any case, Di E
written materials intended to be considered by the Board shall - Q
be submitted to the appropriate County staff a minimum of z
seven days prior to the public hearing. All material used in ° 0
presentations before the Board will become a permanent part fD N
of the record. oCNI-
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Any person who decides to appeal a decision of the Board ,;