Agenda 05/13/2013 Item #16D 7Proposed Agenda Changes
Board of County Commissioners Meeting
May 14, 2013
Move Item 16D7 to Item 11E: Recommendation to request authorization
to advertise and bring back an Ordinance amending Collier County
Ordinance No. 96 -84, as amended (Radio Road Beautification Municipal
Service Taxing Unit), to incorporate provisions to facilitate
improvements to the Rich King Memorial Greenway within MSTU
boundaries (Commissioner Henning's request)
Continue Item 16A10 to the May 28, 2013 BCC Meeting: Recommendation to increase the
collective annual limit for multiple contracts resulting from RFP #12 -5892, "Fixed Term
Landscape Architectural Services" (Staff request)
Continue Item 16C2 to the May 28, 2013 BCC Meeting: Recommendation to authorize purchase
of a new Case 580N Backhoe from Trekker Tractor LLC, in the amount of $65,050.07, utilizing
the Florida Sheriff Association's State Contract #12 -10 -0905 (Staff request)
Continue Item 16E4 to the May 28, 2013 BCC Meeting: Recommendation to approve
proposed amendments to Ordinance No. 04 -52, as amended, Criminal History Record
Checks and authorize Staff to advertise the amendments and return to the Board for final
approval. (Staffs request)
Move Item 17B to Item 9C: An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance Number 2007 -46, as amended, the Wolf Creek
Residential Planned Unit Development, PUDZA- PL20120000650, by increasing the
permissible number of dwelling units from 671 to 754; by amending Ordinance Number
2004 -41, the Collier County Land Development Code by amending the appropriate zoning
atlas map or maps by changing the zoning classification of an additional 5± acres of land
from RMF -6(4) Scenic Woods Rezone to the Wolf Creek RPUD and by changing the zoning
classification of an additional 16± acres from Palermo Cove PUD to Wolf Creek PUD; by
revising the development standards; by adding Exhibit A -1, the amended Master Plan for
parcels lA through 3A; by adding Exhibit "D ", Private Road Cross - Section for Parcels lA
through 3A; by adding Table II, Development Standards for Parcels lA through 3A; and by
adding deviations and revising developer commitments. The subject property is located on
the north side of Vanderbilt Beach Road (C.R. 862) approximately one -half mile west of
Collier Boulevard (C.R. 951) in Section 34, Township 48 South, Range 26 East, Collier
County, Florida consisting of 189± acres; providing for repeal of Ordinance Number 2007-
03, the Scenic Woods Rezone; and by providing an effective date. (Companion PUDZA-
PL20120000680: Palermo Cove) (Staff request due to letter of objection)
Proposed Agenda Changes
Board of County Commissioners Meeting
May 14, 2013
Page 2
Move Item 17C to Item 91): An Ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance Number 04 -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 removing approximately 16 acres from the Palermo Cove
Residential Planned Unit Development (RPUD); and by changing the zoning classification
of the herein described real property from a RPUD zoning district to a RPUD zoning
district for a project known as the Palermo Cove RPUD, PUDZA- PL20120000680, by
revising project development standards, adding deviations, adopting a new conceptual
master plan, revising developer commitments and reducing the permitted number of
dwelling units from 564 to 237 on property located north of Wolfe Road and west of Collier
Boulevard (C.R. 951) in Section 34, Township 48 South, Range 26 East, Collier County,
Florida, consisting of 115± acres; providing for the repeal of Ordinance Numbers 2005 -34
and 2006 -30, the former Palermo Cove RPUD; and by providing an effective date.
(Companion to PUDZA- PL20120000650: Wolf Creek PUD) (Staffs request due to receipt
of letter of objection)
Move Item 17G to Item 9A: Recommendation to adopt an ordinance amending Ordinance
No. 2003 -53, as amended, the "Collier County Ethics Ordinance." (Commissioner Coyle
and Commissioner Fiala's separate requests)
Move Item 17I to Item 911: Recommendation to adopt an ordinance amending Ordinance
No. 93 -72, as amended, the "Collier County Administrator's Ordinance." (Commissioner
Coyle's request)
Time Certain Items:
Item 10I to be heard at 10:00 a.m., followed by Item 10G and 10H
Item 11B to be heard at 11:00 a.m.
Item 14111 to be heard at 1:00 p.m., immediately followed by Item 11C
Item 11D to be heard at 3:00 p.m.
5/14/2013 16.D.7.
EXECUTIVE SUMMARY
Recommendation to request authorization to advertise and bring back an Ordinance amending
Collier County Ordinance No. 96-84, as amended (The Radio Road Beautification Municipal
Service Taxing Unit), to incorporate provisions to facilitate improvements to the Rich King
Memorial Greenway within the MSTU boundaries.
OBJECTIVE: To amend Ordinance No. 96 -84, as amended, the Radio Road Beautification Municipal
Service Taxing Unit (hereafter the "MSTU ") to incorporate provisions to facilitate improvements to the
Rich King Memorial Greenway within the MSTU boundaries.
CONSIDERATIONS: The Board of County Commissioners created the Radio Road Beautification
MSTU on December 17, 1996, to allow for beautification of Radio Road between Airport Pulling Road
and Santa Barbara Boulevard. The original MSTU creating Ordinance No. 96 -84 was amended on
November 19, 2002 per Ordinance 2002 -59 which further expanded the MSTU's purpose to include any
roadway within the MSTU boundary.
At this time most of the improvements envisioned by the advisory committee have been completed with
the exception of additional improvements to Devonshire Boulevard commercial side.
The entrance to the Rich King Memorial Greenway was identified by the Advisory Committee as one
area that should be improved with plantings and irrigation so that people who use this Greenway would
have enhanced experience while using this pathway. However, because the pathway is not considered a
"roadway ", the MSTU ordinance must be amended to incorporate provisions to facilitate this
improvement.
The Radio Road MSTU Advisory Committee formally approved moving forward with modification of
the MSTU Ordinance No. 96 -84 (as amended) on March 4, 2013.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. Upon
approval of amendment to Ordinance No. 96 -84, as amended, all cost associated with the improvements
to the Rich King Memorial Greenway will be borne by the Radio Road Beautification MSTU.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally
sufficient and requires a majority vote for approval. — ERP
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
RECOMMENDATION: That the County Manager, or his designee, be directed to advertise the
attached amendment to Ordinance No. 96 -84, as amended, to bring it back for the Board's consideration.
Prepared by: Darryl Richard, Project Manager, Department of Alternative Transportation Modes
Attachments: (1) Proposed Amended Ordinance
Page 1 of 1
Packet Page -2958-
5/14/2013 16.D.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.7.
Item Summary: Request for authorization to advertise and bring back an Ordinance
amending Collier County Ordinance No. 96 -84, as amended (The Radio Road Beautification
Municipal Service Taxing Unit), to incorporate provisions to facilitate improvements to the Rich
King Memorial Greenway within the MSTU boundaries.
Meeting Date: 5/14/2013
Prepared By
Name: RichardDarryl
Title: Project Manager,Alternative Transportation Modes
4/9/2013 2:36:34 PM
Submitted by
Title: Project Manager,Alternative Transportation Modes
Name: RichardDarryl
4/9/2013 2:36:36 PM
Approved By
Name: ScottTrinity
Date: 4/11/2013 5:55:39 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 4/22/2013 2:28:09 PM
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes,Alternative Tr
Date: 4/25/2013 9:59:17 AM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 4/26/2013 8:28:43 AM
Packet Page -2959-
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 4/30/2013 11:38:13 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/30/2013 2:35:45 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/30/2013 4:41:10 PM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 4:43:16 PM
Packet Page -2960-
5/14/2013 16.D.7.
5/14/2013 16.D.7.
ORDINANCE NO. 2013-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
96 -84, AS AMENDED BY ORDINANCE NO. 02 -59, WHICH CREATED
THE RADIO ROAD BEAUTIFICATION MUNICIPAL SERVICE
TAXING UNIT; PROVIDING FOR AMENDMENT TO SECTION THREE
TO EXPAND THE PURPOSE TO INCLUDE THE COST FOR CURBING,
WATERING FACILITIES, PLANTINGS AND MAINTENANCE OF THE
NORTH ENTRANCE OF THE RICH SING MEMORIAL GREENWAY,
WHICH IS LOCATED ALONG RADIO ROAD WITHIN THE
BOUNDARIES OF THE UNIT; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 17, 1996, the Board of County Commissioners adopted
Ordinance No. 96 -84 which created the Radio Road Beautification Municipal Service Taxing
Unit ( "MSTU'); and
WHEREAS, on November 19, 2002, the Board of County Commissioners voted to
include the cost of maintenance of the medians of all adjoining public roads within the
boundaries of the MSTU; and
WHEREAS, on January 28, 2011 the Rich King Memorial 'Greenway was formally
opened to the public providing a 12 -foot wide asphalt path within the Florida Power and Light
easement corridor for walkers, joggers, cyclists and in -line skaters; and
WHEREAS, on March 19, 2012, the Radio Road Beautification MSTU voted
unanimously to put aside MSTU funds for the beautification to the entrance of the Rich King
Memorial Greenway; and
WHEREAS, the Board of County Commissioners desires to amend the ordinance to
allow for MSTU funds to be used to provide curbing, watering facilities, plantings and
maintenance to the entrance of the Rich King Memorial Greenway, which is entirely located
within an FPL easement and not within the medians or right -of -way of Radio Road, but is within
the boundaries of the MSTU.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 1996 -84,
AS AMENDED BY ORDINANCE NO. 02-59.
Section Three is amended to read as follows:
1
Packet Page -2961-
E)
5/14/2013 16.D.7.
SECTION THREE: PURPOSE AND GOVERNING BODY.
The MSTU is created for the purpose of providing curbing, watering facilities, plantings
and maintenance of the median areas for that portion of Radio Road lying between Airport-
Pulling Road (County Road 31) and Santa Barbara Boulevard and for any adjoining public road
within the MSTU boundaries- and for the purpose of Rroviding for hardscape, watering
facilities plantings and maintenance to the entrance to the Rich King Memorial Greenway, as
depicted in Exhibit "A," attached hereto lying within the MSTU boundaries. which is open to
the gublic and utilized for recreational purposes. The governing body of the MSTU shall be the
Board of County Commissioners of Collier County, Florida.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
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- lettered to accomplish such, and the word "ordinance" may be changed to "section," or any
other appropriate word.
SECTION THREE: 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 phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed
as separate, distinct, and independent provision and such holding shall not affect the validity of
the remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and
legal sufficiency:
mily R. P in, Assista t County Attorney
F]
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Georgia A. Hiller, Esq., Chairwoman
Packet Page -2962- G
Ct
M
N)
IRD
NORTH-SOUTH 1/4 LINE
SECTION 6
>
3
i.
m C-)
o 'El 0
Z 5 - rr--
(CDD
rn
C-)
Cn 0
CD
'P z 0
CD
CD
"ArAk
MA
00
=-q
Ell
z
O
0 -u
r
m
> M
0 K:
mm
z
f-p
00
cli
UQ
—G
0 m
Cl >
>
M M..O
mi C,
z oz
M- 0v,
O
zm
rn
m x
. go
>
m
aw
m
_Tl
0
X
T1
>
4 M >
co C
wz
m
>
tycoon
C)
C) o
>
cy) N) X
m
In
0�5 \\ f
0 � T.�
C:
;u cn
0c,
'n 0
Z
O <
0
Z. t V)
>I-z
z 0 >
0, F
F
z
zm z > � �q )�. I mz
fn :;16 61 m- )a m
UOrO OM 8 ZO' C: 8 10 OM (01 011(7
m R EN� 5 2 E
-n
m go TH
Z
2 m 6 z
-P2
--i z -n
z =
M, z G Z
l)
v m n" z m 3.
> t " M Z Lf, -n
m
C ozc n,
C)
091-9 3:: - R . M(A
> 2 - w
m m
0
10" o 3: 0 b m
0 z
mY m
MWO
>
z m
, M- T m
Z-0
,;, z x
o M z
Z m
M h00 V
m
m Z
EMD p; "V > >
m P ->, >0 m
n (A
:p 0 -n
m 1 (-4
C
m
m
0 >
z
7. 5� z -n r-
0
;u
0 m
z
m
Packet Page -2963-
5/14/2013 16.D.7.
x 0
Z
H C)
Z -n
t
6 5. J8
64.63'
C07
m
10
m
(-) 0 H
Z
7 > 0
70
H
M M >
C7 C) Z M C)
701 ,
m
C)
�
-n 1_7
lz
333 ,E. 80.00'
Z"
> ZMZ
<1 Qn 70 C)
C),
G X m
OA I
1 X77 =01 LIZ',
m
0-no
C >
IL�xl
L04
500'
0
Z. t V)
>I-z
z 0 >
0, F
F
z
zm z > � �q )�. I mz
fn :;16 61 m- )a m
UOrO OM 8 ZO' C: 8 10 OM (01 011(7
m R EN� 5 2 E
-n
m go TH
Z
2 m 6 z
-P2
--i z -n
z =
M, z G Z
l)
v m n" z m 3.
> t " M Z Lf, -n
m
C ozc n,
C)
091-9 3:: - R . M(A
> 2 - w
m m
0
10" o 3: 0 b m
0 z
mY m
MWO
>
z m
, M- T m
Z-0
,;, z x
o M z
Z m
M h00 V
m
m Z
EMD p; "V > >
m P ->, >0 m
n (A
:p 0 -n
m 1 (-4
C
m
m
0 >
z
7. 5� z -n r-
0
;u
0 m
z
m
Packet Page -2963-