Agenda 04/28/2015 Item #11B 4/28/2015 11 .B.
EXECUTIVE SUMMARY
Recommendation to consider a "good deal" purchase with Collier Development Corporation, now
known as CDC Land Investments, Inc., for 7.51 acres under the Conservation Collier Land
Acquisition Program,at a cost not to exceed $403,150,and under specific conditions.
OBJECTIVE: Determine whether Conservation Collier should move forward to acquire the 7.51 acre
parcel from the Collier Development Corporation, now known as CDC Land Investments, Inc. (Seller).
CONSIDERATIONS: On January 25, 2011, Agenda Item 10B, the Board directed staff to cease
purchasing properties for the Conservation Collier Land Acquisition Program unless "a very good deal"
comes forward. At that time, a parcel owned by CDC Land Investments, Inc. was also placed on the
Active Acquisition List as an "A" category property, indicating interest in acquisition. The parcel is
called"the CDC Parcel"in this item.
The CDC parcel consists of 7.51 acres located on the east side of the Gordon River, just west of the
Naples Airport, directly adjacent to the existing Conservation Collier portion of the Gordon River
Greenway, and within the taxing and zoning boundaries of the City of Naples. The potential acquisition of
this parcel was reviewed and approved by City Council at its regular City Council Meeting on March 17,
2010 (Agenda Item 22). On October 22, 2010,the City of Naples Airport Authority advised by letter they
were supportive of the proposal to acquire. Acquisition of this parcel serves to further complete the
protection of environmentally sensitive lands within the Gordon River Greenway (see attached Project
Design Report). In accordance with the approved Conservation Collier Purchasing Policy, an appraisal of
$510,000 had been received on 3/21/14 by an independent, state-certified general real estate appraiser. As
the appraisal is significantly higher than the bargain price, no additional appraisal was sought.
CDC Land Investments, Inc. is offering the parcel to Conservation Collier for $400,000, which is
$110,000 less that appraised value and which therefore can qualify as a "good deal" acquisition. CDC
Land Investments, Inc. has asked for the difference between the appraised value and the purchased price
($110,000) to be taken as a charitable contribution. A new appraisal may be required of the owner for
that purpose.
There has been discussion of amenities for this property, including a parking area, fishing platform, and
pathway and boardwalk connecting to the Gordon River Greenway trail system. Preliminary estimates for
exotic removal and amenities have been developed. The entire cost package for exotic removal and
amenities, including any required permitting, is approximately $326,615. However, staff's
recommendation is that Conservation Collier acquires the parcel, remove the exotics (approx. $30,000),
add signage, and maintain the property with no capital improvements as a category 5 preserve (resource
protection/restoration)until the program's financial picture improves.
During discussions about the Conservation Collier Program's 10-year financial plan on 4/8/14 (Agenda
Item 11B), the Board moved to accept staff's recommendations as presented, which included a
recommendation to consider removing a proposed FY18 expenditure of$645,800 as a contribution to the
City of Naples for a bridge on city property. Staff is seeking clarity and finality from the Board regarding
this proposed funding, as the Program is not able to sustain the CDC acquisition in addition to the
proposed bridge funding, and the Conservation Collier Program was not designed to act as a funding
agency. Therefore, it is staff's opinion, corroborated by County Attorney review of the matter, that any
avenue towards the proposed bridge funding would be tortuous and not in keeping with Conservation
Collier's mission.
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At a December 2014 meeting between staff and residents of the adjoining neighborhood, Avion Park,
residents expressed opposition to parking or any other amenity that would draw cars down North Road
past their development.
At its October 13, 2014 public meeting, the CCLAAC voted to recommend that the Board pursue
acquisition. The CCLAAC met again on January 12, 2015, where they did not have a quorum, but the
members' present recommended acquisition. At that same meeting, CDC's representative advised that
CDC will need a decision within 6 months, or CDC will find another plan for the parcel. CDC has been
waiting for an offer since January 2011 when this parcel was placed on the "A" portion of the Active
Acquisition List. If the Board approves, staff will come back with an Agreement.
FISCAL IMPACT: The FY15 Conservation Collier Acquisition Fund (172) adopted budget includes an
appropriation of $403,300 to acquire the subject parcel. The total cost of acquisition will not exceed
$403,150 including $400,000 for property acquisition, and approximately $3,150 for the title
commitment, title policy, and recording of documents. Initial exotic removal activities consistent with
restoring and maintaining this property as a Category 5 preserve are estimated to be $30,000. A signage
allowance of $1,000 is also planned. Funding for exotic removal and signage is available in the
Conservation Collier Greenway project budget in Fund(179). These are the only improvements planned.
Total estimated cost of acquiring and exotic removal and signage on the parcel is $434,150. The
underlying sources of funding include two developer cash donations for preserve acquisition and
management under LDC 3.05.07, H.1.f. iii. a. (Offsite Vegetation Preservation) of$135,587 and existing
Conservation Collier funds of$298,563. Estimated ongoing maintenance costs are shown below and will
be included in future Conservation Collier Maintenance Fund (174) operating budgets. These estimates
represent a maximum cost and are consistent with costs experience with similar preserves.
The primary financial caveat associated with this acquisition continues to be the long-range Conversation
Collier Program financial outlook and the ongoing requirement to conserve the Program's escrow
balance. Consistent with staff recommendations relative to the 4-8-14, (item 11B), presentation of the
Conservation Collier Ten-Year Financial Plan, the Board accepted a number of cost cutting
recommendations including establishing funding for CDC parcel acquisition in lieu of future, legally
problematic funding for a Greenway Bridge. With the deletion of funding for the Greenway Bridge, and
limiting CDC Parcel improvements to exotic removal, the proposed acquisition is financially favorable to
the Conservation Collier Program escrow balance.
Operating Budget:
Elements FY 2015 FY 2016 FY 2017 FY 2018 FY 2019
Operating and
Maintenance $30,000 $10.000 $10,000 $10,000 $10,000
Capital Outlay 1,000(sign) 0 0 0 0
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent
with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier
County Growth Management Plan.
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance, Ordinance No. 2002-63, as
amended, provides a legal framework for property acquisition for the Conservation Collier Program. The
process for acquiring this property falls within the legal framework of the Conservation Collier
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Ordinance. Accordingly, this item is approved for form and legality and requires a majority vote for
Board approval. -JAB
RECOMMENDATION: That the Board consider a "good deal" purchase with Collier Development
Corporation, now known as CDC Land Investments, Inc., for 7.51 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $403,150 and subject to the formal removal of the City
of Naples Bridge from the future Conservation Collier 10-year financial plan and also that there will be
no plan for capital improvements to the parcel unless future funding becomes available.
Prepared By: Alexandra J. Sulecki,Principal Environmental Specialist, Parks and Recreation Department
Attachment: Project Design Report
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4/28/2015 1 1 .B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.B.
Item Summary: Recommendation to consider a "good deal" purchase with Collier
Development Corporation, now known as CDC Land Investments, Inc.,for 7.51 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed $403,150, and under
specific conditions.
Meeting Date: 4/28/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Beach &Water
4/6/2015 10:35:42 AM
Submitted by
Title: Environmental Specialist,Principal, Conservation Collier
Name: SuleckiAlexandra
4/6/2015 10:35:43 AM
Approved By
Name: WilliamsBarry
Title: Division Director-Parks &Recreation, Parks &Recreation
Date: 4/6/2015 1:25:29 PM
Name: JohnsonScott
Title: Manager-Procurement, Purchasing&General Services
Date: 4/6/2015 3:58:29 PM
Name: Washburnllonka
Title: Manager-Park Operations, Parks &Recreation
Date: 4/7/2015 8:50:56 AM
Name: SuleckiAlexandra
Title: Environmental Specialist, Principal,Conservation Collier
Date:4/8/2015 3:10:55 PM
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Name: TownsendAmanda
Title: Division Director-Operations Support, Public Services Department
Date: 4/9/2015 8:47:15 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 4/9/2015 2:38:57 PM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc, Purchasing&General Services
Date: 4/10/2015 6:48:16 AM
Name: MarkiewiczJoanne
Title: Division Director-Purchasing&Gen Svc,Purchasing&General Services
Date: 4/10/2015 6:48:28 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 4/13/2015 4:51:51 PM
Name: Carnell Steve
Title: Department Head-Public Services,Public Services Department
Date: 4/14/2015 9:49:54 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 4/14/2015 2:21:33 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/14/2015 2:59:00 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 4/16/2015 2:29:15 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/16/2015 3:52:06 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/17/2015 11:03:38 AM
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Conservation Collier Land Acquisition Program
Project Design Report
Date: April 28, 2015
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Property Owner: CDC Land Investments, Inc.
Folio(s): 20760080007
Location: Un-platted Lands 34 49 25 NE1/4 of SE1/4 of SE1/4.
Size: 7.51 acres
Collier County Appraiser Value: $458,500
History of Project:
Project Selected for the "A" AAL most recently Good Deal offer-Recommendation by
category, #1 priority, on the approved by BCC CCLAAC
Active Acquisition List
(AAL)by CCLAAC
12/13/10 1/25/11 10/13/14
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Purpose of Project: Environmental Conservation—Conservation Collier Program
History: This parcel was first nominated for Conservation Collier in March 2009 as part
of Cycle 7. Cycle 7 was suspended by the Board on 6/23/09 while program financial
projections were occurring. The proposal was re-submitted in 2010 as part of Cycle 8. In
March 2010, the Naples City Council discussed the potential acquisition at a public
meeting and approved. On January 25, 2011 (Agenda Item 10B) the Board directed staff to
cease purchasing properties for the Conservation Collier Land Acquisition Program unless "a
very good deal" comes forward. At that time, the CDC parcel was also placed on the Active
Acquisition List as an"A" category property, indicating interest in acquisition. Subsequently, in
2014, the owners made an offer of a "good deal acquisition" for $400,000. The parcel was
appraised in May 2014 by an independent competitively selected appraiser at $510,000. The
Collier County Appraiser lists its current value at$458,500.
Program Qualifications: The CDC parcel is located directly adjacent on the south end
to the Conservation Collier—owned portion of the Gordon Rover Greenway Park. When
it was evaluated as part of cycle 8 in 2010 for the Conservation Collier Program, it was
found to meet 5 of the 6 Initial Screening Criteria including presence of native plant
communities/listed species, opportunities for human social values, listed species habitat,
water resource protection values, and protection of current conservation lands.
Native plant communities include 3.5 acres of Mangrove Swamps and 4.01 acres of Pine-
Mesic Oak. Within the overall vegetative cover, the parcel contains approximately 35-
40% invasive exotic plant species, mostly located along the outer edges and along the
mangrove edge. The Florida Natural Areas Inventory (FNAI) identifies this parcel as a
category 6 Priority Habitat in a ranked system of 1-6 with 1 being the highest priority for
conservation. The Florida Fish and Wildlife Conservation Commission (FWC) has
identified the mangrove portion of the parcel — 3 acres — as a strategic habitat. Potential
listed species include wading birds, manatee and crocodiles.
The parcel buffers and protects the Gordon River from adjacent urbanized uplands and
provides wetland habitat for many native species. The entire parcel is within a flood
hazard zone and will help attenuate flood waters from nearby developed properties. The
northern 1/3 of the parcel is within a well field protection zone (20 year zone).
Human social values are served by adding the parcel to the Gordon River Greenway
Park. The parcel can be seen by visitors accessing the southern end of the Park. It could
provide additional space for future amenities but, if not developed, will still provide
conservation values as strategic greenspace and buffer for the Park.
Zoning, Growth Management and Land Use Overlays: The parcel is entirely within
an overlay boundary established by Exhibits A-E of the City of Naples Municipal
Ordinance, Division 4, Airport Overlay District, with special reference to Sections 58-
1073(a and (b), 58-1074(a) and 58-1075. Its zoning classification is one single family
residential unit per each 7,500 square feet on upland portions. An owner-provided plan
shows a potential for 17 home sites. The parcel's location within lands identified in
Exhibits A through E within the Airport Overlay District means that no structures may be
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built without Federal Airport Authority (FAA) review and written determination of the
proposal's effect on navigable airspace, no development proposal will be approved
without first receiving comments from the executive director of the city airport authority
and airport land use restrictions may apply regarding lighting and structure height. It is
partially within an established County overlay for well field protection — ST-W4. Well
field protection zones have been used to regulate land use and to limit activities that
could adversely affect the ambient quality of ground water. These regulations may limit
how the site can be developed. The Naples Airport Authority expressed approval of the
proposed conservation acquisition by letter dated 10/22/10.
Projected Management Activities: Projected management activities include removing
exotic plants and any debris and maintaining the parcel in a clean, aesthetically pleasing
manner. No improvements beyond a sign are contemplated at this time.
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