Agenda 06/26/2018 Item #16K5Proposed Agenda Changes
Board of County Commissioners Meeting
June 26, 2018
Item 9C: Recommendation to withdraw Subsection 3, of the proposed LDC amendments, that
would establish new standards requiring permanent emergency generators at certain community
clubhouses or community center buildings. (Staff’s request)
Move Item 16K5 to Item 12A:
Recommendation to authorize the County Attorney
to retain outside counsel to work with the County
Attorney, staff and outside consultants, to negotiate
and help draft Developer Contribution Agreements
with respect to the Rural Lands West proposed
development, and authorize all necessary budget
amendments. (Commissioner Taylor and
Commissioner Fiala’s separate request)
Time Certain Items:
Item 9A to be heard at 9:15 a.m.
Item 11B and 11C to be heard at 10:40 a.m.
06/26/2018
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to retain outside counsel to work with the
County Attorney, staff and outside consultants, to negotiate and help draft Developer Contribution
Agreements with respect to the Rural Lands West proposed development, and authorize all
necessary budget amendments.
OBJECTIVE: To help minimize the financial impacts to the Collier County taxpayers from the Rural
Lands West proposed development.
CONSIDERATIONS: During the Communications portion of the June 12th Regular Board meeting, the
Board directed the County Attorney to bring back for discussion an Executive Summary concerning
whether or not the County Attorney should retain outside counsel to negotiate and help draft Developer
Contribution Agreements with respect to the Rural Lands West proposed development.
Collier Enterprises is currently in the process of planning and permitting a community currently known as
Rural Lands West to be located in eastern Collier County, just east of Golden Gate Estates on Oil Well
Road. (The name “Rural Lands West” is simply a permitting name reflecting the location of the property
along the western boundary of the 200,000-acre Rural Lands Stewardship area in eastern Collier County.
The actual name of the community will be selected during the planning and permitting process.) Over the
next 15-20 years, Collier Enterprises projects that Rural Lands West will grow to include up to 10,000
residences and nearly 2.1 million square feet of commercial space, including offices, manufacturing,
healthcare, schools, and civic (including churches, a Fire and EMS station) and cultural facilities. At
10,000 residences, Rural Lands West will be roughly the same population as Naples or Marco Island. A
graphical representation of where the proposed community is located is included in the back-up to this
item.
Collier Enterprises anticipates that site preparation at Rural Lands West will begin in 2019, with the first
homes coming on the market in 2020. The Development will require a substantial investment in
infrastructure needs by the County. With respect to this cost, the County’s Land Development Code
requires that the Development, as a whole, in essence pays for itself. LDC Sec. 4.08.07, provides in
relevant part as follows:
L. SRA Economic Assessment. An Economic Assessment meeting the requirements of this Section
shall be prepared and submitted as part of the SRA Designation Application Package. At a minimum,
the analysis shall consider the following public facilit ies and services: transportation, potable water,
wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement,
emergency medical services, fire, and schools. Development phasing and funding mechanisms shall
address any adverse i mpacts to adopted minimum levels of service pursuant to Chapter 6 of the LDC.
1. Demonstration of Fiscal Neutrality. Each SRA must demonstrate that its development, as a
whole, will be fiscally neutral or positive to the Collier County tax base. This demon stration will
be made for each unit of government responsible for the services listed above, using one of the
following methodologies:
a. Collier County Fiscal Impact Model. The fiscal impact model officially adopted and
maintained by Collier County.
b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as
indicated above, the applicant may develop an alternative fiscal impact model using a
methodology approved by Collier County. The BCC may grant exceptions to this pol icy of
fiscal neutrality to accommodate affordable or workforce housing.
2. Imposition of Special Assessments. If the Report identifies a negative fiscal impact of the
06/26/2018
project to a unit of local government referenced above, the landowner will accede to a s pecial
assessment on his property to offset such a shortfall or in the alternative make a lump sum
payment to the unit of local government equal to the present value of the estimated shortfall. The
BCC may grant a waiver to accommodate affordable housing.
3. Special Districts Encouraged in SRAs. The use of community development districts (CDDs),
Municipal Service Benefit Units (MSBUs), Municipal Service Taxing Units (MSTUs), or other
special districts shall be encouraged in SRAs. When formed, the special di stricts shall encompass
all of the land designated for development in the SRA. Subsequent to formation, the special
district will enter into an Interlocal Agreement with the County to assure fiscal neutrality. As
outlined above, if the monitoring reveals a shortfall of net revenue, the special district will impose
the necessary remedial assessment on lands in the SRA.
M. The BCC may, as a condition of approval and adoption of an SRA development, require that
suitable areas for parks, schools, and other pub lic facilities be set aside, improved, and/or dedicated
for public use. When the BCC requires such a set aside for one or more public facilities, the set aside
shall be subject to section 2.03.06 in the same manner as are public facility dedications requir ed as a
condition of PUD rezonings.
One mechanism to address how to meet the fiscal neutrality requirement would be Developer
Agreements between the County and Collier Enterprises. As an example, Developer Agreements could
include such matters as the Developer setting aside land for public uses, such as parks, schools, right-of-
way, and for emergency services such as fire and EMS stations; as well as Developer funding for capital
projects such as roads, potable water, wastewater and stormwater management.
During communications, the issue was raised as to whether it would be beneficial for the
County Attorney to hire outside counsel to assist in the negotiation and drafting of these Developer
Agreements. Given the magnitude of the County infrastructure required to support the development
of Rural Lands West, I would welcome additional resources to help both me and Staff in negotiating
and developing these agreements, including retaining outside engineers and other experts, in a
coordinated effort to bring the best deal possible for the Board to review.
FISCAL IMPACT: The County Attorney recommends that the cost of hiring outside counsel and
experts be capped at $100,000, with any additional funding requiring Board approval.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorize the County Attorney to
retain outside counsel to work with the County Attorney, staff and outside consultants, to negotiate and
help draft Developer Contribution Agreements with res pect to the Rural Lands West proposed
development, and authorize all necessary budget amendments.
Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Rural Lands West Location Map (PDF)
06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.5
Doc ID: 5970
Item Summary: Recommendation to authorize the County Attorney to retain outside counsel to
work with the County Attorney, staff and outside consultants, to negotiate and help draft Developer
Contribution Agreements with respect to the Rural Lands West proposed development, and authorize all
necessary budget amendments.
Meeting Date: 06/26/2018
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
06/15/2018 11:25 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
06/15/2018 11:25 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/15/2018 11:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/15/2018 1:44 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/18/2018 11:05 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/18/2018 11:33 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM