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Agenda 04/10/2012 Item #16A 74/10/2012 Item 16.A.7. EXECUTIVE SUMMARY Recommendation to approve an extension for completion of subdivision improvements associated with the Esperanza Place subdivision pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. OBJECTIVE: To approve an extension for the completion of subdivision improvements and recordation of the final plat associated with the Esperanza Place subdivision. CONSIDERATIONS: On January 13, 2009, the Board of County Commissioners approved the final plat of Esperanza Place for recording. A copy of the original Executive Summary is attached. The Land Development Code requires that upon approval by the Board of County Commissioners a plat must be recorded within 18 months and the associated subdivision improvements must be completed within 36 months unless an extension is formally requested and granted by the Land Development Services Department. The developer, The Empowerment Alliance, failed to request extensions within the period prescribed by the Land Development Code. Had the extension requests been submitted prior to January 13, 2012, then the approval of the requests would have been perfunctory. Collier County has now received a request for two additional one year extensions from January 13, 2012 through January 13, 2014. The potable water and sewerage collection systems have been accepted by the Immokalee Water and Sewer District. Funds for this development come largely from Grants and it is not always predictable how long a project might take to complete or when and where the Funding may come from. Securing the required subdivision performance security has also led to delays in recording the plat by this not for profit organization. The extension approval would be subject to the Board's approval and stipulations as reflected in the Executive Summary of January 13, 2009. There are currently over 200 subdivision and Site Development Plan approvals where the developer has requested and received extension approvals. FISCAL IMPACT: The County will realize revenues as follows: Fund: Growth Management Fund 131 Agency: County Manager Cost Center: 138327 -- Land Development Services Revenue generated by this project: Total: $150.00 Extension Fee GROWTH MANAGEMENT IMPACT: There is no growth management impact. Packet Page -767- 4/10/2012 Item 16.A.7. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this Executive Summary for legal sufficiency. This item requires a majority vote. This item is ready for Board consideration and approval. STIN RECOMMENDATION: To approve the extension application subject to the recommendations of the Executive Summary of January 13, 2009. Prepared by: John Houldsworth, Senior Site Plan Reviewer, Land Development Services /Engineering Review, Growth Management Division, Planning and Regulation Attachments: 1) Location Map 2) Plat Map 3) Executive Summary from January 13, 2009, Agenda Item 16 -A7 Packet Page -768- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7. 4/10/2012 Item 16.A.7. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an extension for completion of subdivision improvements associated with the Esperanza Place subdivision pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. Meeting Date: 4/10/2012 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering & Environm 3/14/2012 8:46:50 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/14/2012 1:25:25 PM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 3/15/2012 8:27:29 AM Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 3/21/2012 12:34:26 PM Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Date: 3/28/2012 11:07:22 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/28/2012 5:04:46 PM Name: IsacksonMark Packet Page -769- 4/10/2012 Item 16.A.7. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/29/2012 10:22:12 AM Name: KlatzkowJeff Title: County Attorney Date: 3/30/2012 9:26:33 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/30/2012 1:17:05 PM Packet Page -770- r r0' D O Z D -v M 0 M z r_0 D n M V I M TD V LNOT TO WALE r 4/10/2012 Item 1 TAYLOR STREET O rn N 4 Azz EL PASO TRAIL x 0 0 0 r m N O V W U W N to m N O V T d S.R. 29 PALM DRIVE i a y w 10 F171 I N Q � 00 �s N n a nm AO N N O W Z-4 Z V N N �O CT A WARDEN STREET x LNOT TO WALE 6.A.7. TAYLOR STREET EL PASO TRAIL x 0 PALM DRIVE F171 I �s nm AO WARDEN STREET x RINDO STREET i FOURTH IT R WELLS STREET o M BAKER STREET z p� —T m TARA STREET a O z r. 19th STREET N0. y 8��t--h. C��IRCIi m --TTAVE Packet Page -771- 6.A.7. E S III �i M 'a g� I R � R 3 in n y 2 i n ao�ec� pp ��o�co�n in 2 4/10/2012 Item 16.A.7. AR A, 73�.. 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January 13, 2009 Item 16 -A7 EXECUTIVE SUMMARY This is a recommendation to approve for recording the final plat of Esperanza Place, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of Esperanza Place, a subdivision of lands located in Section 32, Township 46 South, Range 29 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering and Environmental Services Department has completed the review of the construction drawings, specifications, and final plat of Esperanza Place. These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering and Environmental Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. The rights of way within this subdivision are private and will be maintained by the Esperanza Place Homeowner's Association. Engineering and Environmental Services Department recommends that the final plat of Esperanza Place be approved for recording. FISCAL IMPACT: The project cost is $805,850.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $235,840.00 b) Drainage, Paving, Grading - $570,010.67 The Security amount, equal to 110% of the project cost, is $886,435.74 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $18,170.32 Packet Page -774- 4/10/2012 Item 16.A.7. Fees are based on a construction estimate of $570,010.67 (does not include Immokalee Water — Sewer District utilities) and were paid in March, 2008. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,070.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ n/a C) Drainage, Paving, Grading (.75% const. est.) -$4,275.08 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ n/a e) Drainage, Paving, Grading(2.25 %const.est.) - $12,825.24 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents for legal sufficiency. This matter is quasi-judicial and does not require a super - majority. STW RECOMMENDATION: That the Board of County Commissioners approve the final plat of Esperanza Place for recording with the following stipulations: 1. Approve the amount of $886,435.74 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering and Environmental Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering and Environmental Services Department Director and the County Attorney's office. Any member of the public or any County Commissioner wishing to review this plat prior to final approval may contact the Engineering and Environmental Services Department at 252- 5757 to set up an appointment to review this plat at the Community Development and Environmental Services Division, 2800 N. Horseshoe Drive. PREPARED BY: John Houldsworth, Senior Engineer, Engineering and Environmental Services Department Packet Page -775-