Agenda 09/14/2010 Item #17A
Agenda Item No. 17 A
September 14, 2010
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a scrivener's error, SE-2008-AR-13623, amending Ordinance
Number 07-34, for the Kaicasa RPUD. The scrivener's error resulted in the omission of
Section 13 of the legal description. The property is located in Section 12 and Section 13,
Township 47 South, Range 29 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCe) correct a scrivener's error resulting from a
clerical error wherein Section 13 of the legal description, that was discussed and reviewed by the
BCC, was inadvertently omitted from the Kaicasa RPUD Ordinance document.
CONSIDERATIONS:
On March 27, 2007, the BCC approved Ordinance Number 07-34 allowing the rezoning of
agriculturaJly zoned land with Mobile Home Overlay property within the Immokalee Urban Area
to a Residential Planned Unit Development (RPUD) zoning designation.
The Title of the adopted ordinance incorrectly described the subject site, because it omitted a
section as noted below in the underline text:
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 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AGRICULTURE WITH MOBILE-
HOME OVERLAY (A-MHO) ZONING DISTRICT TO THE RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A
PROJECT KNOWN AS KAICASA (RPUD) LOCATED ALONG THE NORTH
SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS
ELEMENTARY SCHOOL, AND APPROXIMATELY 2 MILES EAST OF THE
INTERSECTION OF ST A TE ROAD 29 AND COUNTY ROAD 846, IN
SECTION~ 12 AND 13, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 100 +/- ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
In addition, Section One of the adopted ordinance incorrectly described the subject site, because
it omitted a section as noted below in the underline text:
The zoning classification of the herein described real property located in Section~
12 and 13, Township 47 South, Range 27 East, Collier County, Florida, is changed
Revision: 8-23-10
Page 1 of 2
Agenda Item No. 17 A
September 14, 2010
Page 2 of 7
from the Agriculture Mobile-Home Overlay (A-MHO) Zoning District to the
Residential Planned Unit Development (RPUD) Zoning District known as Kaicasa
Residential Planned Unit Development in accordance with the RPUD Document,
attached hereto as Exhibit "A", which is incorporated herein and by reference made
part hereof. The appropriate zoning atlas map or maps, as described in Ordinance
Number 04-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly,
FISCAL IMPACT:
This action is only to correct errors regarding the previously adopted Ordinance Number 07-34
that was approved by the BCe. Therefore, this change by and of itself will have no fiscal impact
on the County.
GROWTH MANAGEMENT IMPACT:
The original Kaicasa RPUD petition was reviewed for consistency and was found to be
consistent with all the applicable provisions of the Growth Management Plan (GMP). This
scrivener's error is only to correct an omission of the Section number that was approved by the
Board of County Commissioners in Ordinance Number 07-34.
LEGAL CONSIDERATIONS:
A scrivener's error is either an omission or typographic error in a resolution or ordinance. This
scrivener's error concerns the failure to include both Sections 12 and 13 in the legal description
and Title within Ordinance 07-34. The error should be corrected as it has resulted in zoning map
irregularities. This Executive Summary has been reviewed by the County Attorney's Office
which has been found legally sufficient. STW
RECOMMENDATION:
That the Board of County Commissioners (BCC) approve the scrivener's error correction to
Ordinance Number 07-34.
PREPARED BY:
Nancy Gundlach, AICP, Principal Planner
Department of Land Development Services
Attachment: Ordinance
Revision: 8-23-10
Page 2 of 2
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17 A
September 14, 2010
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
Recommendation to approve a scrivener's error, SE-2008-AR-13623, amending Ordinance
Number 07-34, for the Kaicasa RPUD. The Scrivener's error resulted in the omission of
Section 12 of the legal description. The property is located in Section 12 and Section 13,
Township 47 South, Range 29 East, Collier County, Florida.
9/14/20109:00:00 AM
Prepared By
Nancy Gundlach
Community Development &
Environmental Services
Planner, Principal
Date
Zoning & Land Development Review
8/13/2010 3:07:40 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
8/13/2010 4:29 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Manager - Planning
Date
Zoning & Land Development Review
8/13/20106:09 PM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
8/18/201010:16 AM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director - CDES Engineering Services
Date
Engineering & Environmental Services
8/1912010 2:42 PM
Approved By
Steven Williams
County Attorney
Assistant County Attorney
Date
County Attorney
8/19/20104:42 PM
Approved By
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
8/20/20107:55 AM
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
Date
County Attorney
8/27/20103:41 PM
Approved By
Agenda Item No. 17 A
September 14, 2010
Page 4 of 7
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
8/30/20103:45 PM
Approved By
Jeff Klatzkow
County Attorney
Date
8/31/201010:55 AM
Approved By
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Office of Management & Budget
8/31/20105:24 PM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
9/1/20104:31 PM
Agenda Item No. 17 A
September 14, 2010
Page 5 of 7
ORDINANCE NO.IO-
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, OR ITS SUCCESSOR, BY PROVIDING FOR AN AMENDMENT
TO ORDINANCE NO. 07-34, AS AMENDED, THE KAICASA
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO CORRECT
SCRIVENER'S ERRORS; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 27,2007, the Board of County Commissioners adopted
Ordinance Number 07-34 establishing the Kaicasa Residential Planned Unit Development
(RPUD); and
WHEREAS, on March 25, 2008, the Board of County Commissioners adopted
Ordinance Number 08-15, which Ordinance corrected certain scrivener's errors in Ordinance
Number 07-34; and
WHEREAS, following said action of adopting Ordinance Number 07-34 and Ordinance
Number 08-15, it was determined that the Kaicasa RPUD Document, as amended, and as
transmitted to the Department of State, omitted a provision that was otherwise intended and
made part of the public hearing and therefore constitutes a scrivener's error.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO THE TITLE OF
ORDINANCE NUMBER 07-34, AS AMENDED, THE KAICASA
RPUD.
The Title of Ordinance Number 07-34, as amended, the Kaicasa RPUD, is hereby
amended to read as follows:
ORDINANCE NO. 07-34
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 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICA nON OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AGRICULTURE WITH MOBILE-
HOME OVER LA Y (A-MHO) ZONING DISTRICT TO THE RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A
PROJECT KNOWN AS KAICASA (RPUD) LOeA TED ALONG THE NORTH
SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS
ELEMENTARY SCHOOL, AND APPROXIMATELY 2 MILES EAST OF THE
1
Words underlined are added; words stricken through are deleted
Agenda Item No. 17 A
September 14, 2010
Page 6 of 7
INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD 846, IN
SECTIONS 12 AND 13, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 100 +/- ACRES; AND BY
PROVIDING AN EFFECTIVE DArE.
SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO SECTION ONE OF
ORDINANCE NUMBER 07-34, AS AMENDED, THE KAICASA
RPUD.
Section One of Ordinance Number 07-34, as amended, the Kaicasa RPUD, is hereby
amended to read as follows:
The zoning classification of the herein described real property located in
Section~ 12 and 13, Township 47 South, Range 29 East, Collier County, Florida, is
changed from the Agriculture Mobile-Home Overlay (A-MHO) Zoning District to
the Residential Planned Unit Development (RPUD)Zoning District known as
Kaicasa Residential Planned Unit Development in accordance with the RPUD
Document, attached hereto as Exhibit "A", which is incorporated herein and by
reference made part hereof. The appropriate zoning atlas map or maps, as described
in Ordinance Number 04-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION THREE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State,
PASSED AND DULY ADOPTED by majority vote by the Board of County
Commissioners of Collier County, Florida, this day of , 2010.
ATTEST:
DWIGHTE. BROCK, CLERK
BOARD OF COUNTY C01v1MISSIONERS
COILIERCOUNTY,FIDRIDA
BY:
BY:
FRED W. COYlE, CHAIRMAN
AtPoved as to furm and
legpl sufficiency:
Steven T. Williams ~('"~
Asslli1ant ColU1ty Attorney 'is' .\'1., 0
2
Words underlined are added; words stricken through are deleted
Agenda Item No. 17 A
September 14, 2010
Page 7 of 7
N~pies DaD, News' SuDda"August29, 2010 · 19D
NOpCE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, September 14, 2010 in the Boardroom, 3rd
. Floor, Administration Building, Collier County Government Center, 3301 East Ta-
miami Trail, Naples, F.lorida, the Board ot 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 tel,lows:
AN ORDINANCE OF THE BOARD <OF COUNTY .COMMISSIONERS OF COL.L.IER COUN-
TY, FL.ORIDA,AMENDING.ORDINANCE NUMBER 04-41, AS AMENDED, .tHE COL.LlER
COUNTY lAND. DEVEL.OPMENT;,CODE,..OR ITS SUCCESSOR, .BY'PRQVlDING .FOR AN
AMENDMENT TO ORDINANCE 'NO. >07;34, AS AMENDED;:THEKAICASARESIDEN-
TIAL. PLANNED UNITDEVEL.OPMENT (RPUD) TO CORRECT SCRMNER'S 'ERRORS;
AND BY PROVIDING AN EFFECTIVE DATE. ..'
. "b
Copies ot the. proposed Ordi'nance are on file with ,the Clerk to th~ Board and are
a~ailable for insp'ecti~~.~11 interested parties are invited to attend and be.heard.
NOTE: All. persons wishing to speak on any agendil item mu~ register.with the
County administrator prior to . presentation of the. agenda ',item to be addressed.
.Individual speakers will be limited to: 3 minutes on any item~'Theselection of an in-
dividual to $peak on behalf. of an organization 01' group' is encouraged. If recog-
nized by the Chairman, a -spokesperson.Jor ;i group or organization milY be, allotted
10 minutes to speak on an item.
" i, ,-,",,-;
Persons wishing to have written or graphkmaterials lrid~ded 'in the Board agen-
da packets must submit said material a minimum of 3 weeks prior to the r~ive
public hearing. In any case; written materials intended to be considered by the
Board shall be submlttedto.the appropriate Cour\tystaft a minimum of seven' days
""prior to the public hearing. All material used in presentations before the. Board
" w~1I be;?me a~~rmanent part of the record. ..... '. .
Any person',who decides to appeal a decision of the Board will need a reCord of
'0 . the proceedings pertaining thereto and. therefore, may need to ensure that a ver-
,batim record of the proceedings is. made, which record includes the testimony and
. evidence upon Which theilppeal is based. <:- .;..' .
',.~,,',:;;:'-::''':'~'' ,.". '.' .:..~ .~., ..'
If you ~re a person with a' disability who needs' anyaccomm()dation ..in ord~r. to
participate in this prpceeding; you are entitled, at-no cost to you, to the provision
of'certainassistance. J:,lease contact the Collier County Facilitl!!s Management De-
partment, located at 3301 Tamiami Trail East, ,Building W,Naples,Florida 34112,
(239l.,252-83BO,;'Assistedlistening devices for the hearing impaired are ,available in
the County..Commissioners' Office. " .' . . -
. B6ARD OF COUNTY COMMISSIONERS:
COL.UER COUNTY, FLORIDA
FRED COYL.E, CHAIRMAN
DWIGHT E. BROCK, CL.ERK
By: Ann Jennejohn, Deputy Clerk
Auaust 29 2010
Na1865501