Agenda 12/14/2010 Item #10A
Agenda Item NO.1 OA
December 14, 2010
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioncrs provide direction to staff on
selection of preferrcd altcrnative to addrcss access to E's Country Store on Oil Well Road,
currently under construction.
OBJECTIVE: For the Board of County Commissioners to select its preferred method of
providing access to E's Country Store on Oil Well Road, currently under construction, from a
series of altemate access concepts.
CONSIDERATIONS: The project for Oil Well Road, Project No. 60044, was part of the
Developer's Contribution Agrecment (DCA) for the development of Ave Maria. Throughout the
design of the project, public meetings were held at several milestones during the development of
the project. A 30% design phase public meeting was held on November 28, 2005; a 60% design
phase public meeting was held on September 14,2006; a 90% design phase meeting was held on
June 27, 2007. The project went out to bid and was subsequently awarded by the BCC to
Mitchell and Stark Construction on December 15, 2009. The Notice to Proceed for the project
was issued on February 3,2010 with final completion of the project on March 15, 2012. A public
infonnation meeting for the kickotT of construction was held on February 22, 2010. E's Country
Store attended the public meetings throughout the project development, voiced their concerns but
did not coordinate with the Orange Tree commercial owner to consider alternatives until after the
county commenced construction, at which time they requcsted, essentially, the same concept as
presented in Alternative # 2 below.
Current project plans call for only a right-in/right-out driveway access to E's on Oil Well Road at
its current location. Due to limited right-ot:way and prior commitments to construct the turn
lane within the original pennit application, no right turn lane is provided for the E's driveway
access point. In anticipation of the typical costs incurred in resolving business and severanee
damage claims made by property owners and business proprietors, a decision was made to
construct the proposed improvements within the existing right-of-way and avoid any such
claims. This was accomplished by constructing a low retaining wall (rather than an earthen back
slope outside the existing right-ot:way), and installing a guard rail along the roadway and a
handrail along the edge of the sidewalk (over the retaining wall) along the South side of Oil Well
Road along the frontage of E's Country Store. Also, at the request of the homeowners of
Orangetree Subdivision, the roadway of Valencia Drive was closed at Oil Well Road to prevent
future commercial congestion of a residential roadway.
At the October 26, 2010 meeting of the Board of County COlmnissioners (BCC), a public
petition by E's was presented asking the BCC to consider revising the Oil Well Road project to
provide improved access to E's and the future eommercial development adjacent to and south of
E's. Following that presentation and discussion, the BCC directed staffto bring alternative plans
fur access to E's back to the Board for turther review and discussion.
~
Prior to and following the BCC meeting of October 26, 2010, County staff and representatives of
E's met to discuss and devise ditTerent alternatives for providing access to E's and the future
commercial development adjacent to E's. A community meeting was held with Orange Tree and
the conununity confirmed that it did not want Valencia opened to commercial traffic and bypass.
Staff had prepared presentations to be brought before the board concerning this issue on three
prior occasions believing each time that a resolution had been al,'feed upon.
Agenda Item NO.1 OA
December 14, 2010
Page 2 of 12
As a result of these discussions, four (4) different alternatives were developed for access to E's.
Following is a list of those alternatives with pros and cons noted for each alternative. Drawings
of each respective altcrnative arc attached for usc and review.
StatT recognizes that temporary access during this economic recession in conjunction with low
opening day volumes may provide a short tenn hcnefit to E's Country Store and the Orange Tree
commercial site, however it should be noted that the Oil wcll Road project was designed to
maximize the value (capacity added) of the Oil Wcll Road widening for all of the traveling
public, Pennanently compromising access management diminishes the carrying capacity of a
facility, leads to higher impact fees and requires additional facilities to'compensate the reduced
capacity, Any concession to use current available capacity needs to clearly document the intent
to close off thc access as soon as it creatcs a safety or operational problem:
Alternative # 1: Current Construction Plans as Proposed
The current construction plans, now under construction, maintain the existing driveways to E's
Country Store. One driveway on Oil Wcll Road approximately 180' East of Immokalee Road
and the other driveway on Immokalee Road approximately 220' South of Oil Well Road.
Valencia Drive was closed at its interscction with Oil Well Road thus a Westbound left turn lane
on Oil Well Road at Valcncia was not provided. This concept is shown in the Alternative # I
exhibit
Pros
. The full impact of the Orange Tree commercial site would be considered at the
time it develops along with the E's access modifications. This would coordinate
the improvement and share the burden of site related improvements between the
benefiting pmiics.
. Maintains safety and operational effectiveness of conunitment of considerable
public funds for lmmokalee Road and constrained Oil well Road improvements
into the future, especially in constrained area with the public schools.
. Protects the clmidor from multiple driveway access points, turn lanes, etc., to the
same ownership or sites closed to the lmmokalee Road at the Oil Well Road
intersection.
. Addresses the concems of the Orangetree Subdivision homeowners regarding
commercial traf1ic and congestion on a residential roadway.
. No additional cost to the County for implemcntation
Cons
. No Westbound turn lane into E's and the existing right-inlright-out driveway
access is vcry close to lmmokalee Road.
. Potential County exposure to loss of access claims from the Orange Tree
commercial sitc tor closure of Valencia Drive. (Note: a right-in and right-out re-
opening of Valcncia Drive to Oil Well Road without the median opening might
address this and t()llowing community concern)
. Commercial claim to Valencia Drive access to Oil Well Road is in conflict with
residcntial desire tor closure,
Agenda Item NO.1 OA
December 14, 2010
Page 3 of 12
Alternative #2: Revise construction Plans to Re-open Valencia Drive
Valencia Drive at its intersection with Oil Well Road was closed due to neighborhood concerns
of by-pass traffic and due to its close proximity to lmmokalee Road. This alternative would re-
open Valencia Drive and provide for a directional median opening. Access to E's may be
achieved on Valencia Drive as shown in exhibit Alternative # 2.
Pros
. The full impact of the Orange Tree commercial site would be considered at the
time it develops along with the E's access modifications. This would coordinate
the improvement and share the burden of site related improvements between the
benefiting parties.
. Provides improved and proper access management into E's and the future
commercial development via Valencia Drive and a westbound left turn lane on
Oil Well Road at Valencia Drive and an Eastbound right turn lane at Valencia
Drive.
. Very simple plan to design and implement.
. No potential County exposure to loss of access claims from commercial property
owncrs.
. Cost of retaining wall, guard rail and hand rail eliminated as long as property
owners donate the right-of-way required to construct the required fill slope.
Cons
. Additional delay to the roadway project for design and implementation; contractor
likely to request reimburscment for delays.
. Does not address the concerns of the Orangetree Subdivision homeowners
regarding commercial traffic and congestion on residential roadway.
. Westbound left tum at Valencia Drive would have to be eliminated in the future
based upon future traffic demands and safety due to anticipated traffic volumes at
the intersection of lmmokalee Road and Oil Wcll Road thereby creating a right in
and right out only at Valencia Drivc at Oil Well Road.
. Commercial claim to Valencia Drive access to Oil Well Road is in conflict with
residential desire tor closure.
Alternative #3: Modified Site Lavout wi E's and Future Commercial Development
This alternative modities the E's Country Store site layout and would provide revisions to
construction plans of Oil Well Road as shown in exhibit Altcmative # 3. A directional median
opening provided at a point west of Valencia Drive with new shared access for E's and the
Orange Tree PUD shopping center established with condition to E's relocation of current right-
in/right-out access and Valencia Drive would be closed with cul-de-sac developed.
Pros
. Provides improved access to E's and the future commercial development with
westbound left turn lane.
Agenda Item NO.1 OA
December 14, 2010
Page 4 of 12
. Addresses the ncighborhood concerns of the Orangetree Subdivision
homeowners.
. Provides for thc right-of:way and relocation and construction of the right-in/right-
out drivcway access to E's; also provides for right tum lanc at same which
enhances traffic safety on Oil Wcll Road.
. Provides right-ot:way and construction of the tumaround for motorists on
Valencia Drive at dead cnd at Oil Well Road.
. Cost of retaining wall guard rail and hand rail eliminated, with property owners
donating the right-of~way rcquircd to construct the required fill slope.
. Westbound left tum lane for E's and commcrcial site near Valencia Drive would
be guarantccd ti.1r a period of 3 years and then only be eliminated in the future
when queuc volumes from the intersection of lmmokalce Road and Oil Well Road
extend beyond the dircctional median.
. Provides better access during this economic recession and defers closure until
volumes warrant it. Rcstricted access would accompany higher volumes
associated with more traffic (potential customers) passing E's.
. All access related improvements are completed at one time without additional
disruption to traffic patterns after the existing construction is completed.
Cons
. Roadway construction projcct will be delayed due to redesign and
implementation; contractor will likely want reimbursemcnt caused by delay.
. Assumes Orang Tree PUD will provide the right-of-way and that this
improvement will meet the needs of his upcoming development of the
commercial site.
Alternative #4: Modified Site Lavout for E's wi Stal!ed Improvements
This alternative would modify E's site layout and would only construct Westbound tum lane on
Oil Well Road while maintaining thc existing driveway shown in exhibit. Staff DOES NOT
recommend this option dcpicted as exhibit Alternative # 4
Pros
. Provides improved access to E's and the future commercial development with
westbound left tum lane.
. Addresses the neighborhood conccrns of the Orangetree Subdivision
homeowners.
. Additional right-of-way providcd by E's and the future commercial development
for right turn lane into E's.
. Cost of retaining wall, guard rail and hand rail eliminated with property owners
donating the right-ot:way rcquired to construct the required fill slope.
Cons
. Does not relocate nor commit timeframe for the relocation of the existing right-
in/right-out driveway access to E's and does not provide for construction of the
right turn lane at same during the initial stage.
Agenda item No. 10A
December 14, 2010
Page 5 of 12
. Sets a precedent of using public funds for private site related improvements.
. Will cause disruption to traffic on Oil Well Road when construction occurs during
future stages. This is pmiicularly disruptive when school pedestrian and vehicular
traffic are present.
. Does not provide for the construction tor the turnaround on Valencia Drive.
. Westbound left turn lanc for E's ncar Valencia Drive would have to be eliminated
in thc future based upon future traffic demands and safety due to anticipated
traffic volumes at the intcrsection of Immokalee Road and Oil Well Road thus
creating a right in and right out only condition.
. Minimal public bencfit realizcd fi'om this alternative; essentially all improvements
arc for the benefit of E's and future commercial development. The petitioner, E's
Country Storc, wishcs to use all the savings resulting from deletion of work items
such as the wall and guardrail to go to the construction of the Westbound left turn
lane and the On-Site improvements. Staff does not recommend that all savings be
used solely for thc benefit of private development, particularly for the On-Site
Construction which is rcquircd to be bome by the developer.
. Roadway construction project will be delayed due to redesign and
implementation; contractor will likely want reimbursement caused by delay.
. Assumes Mr. Bolt will provide the right-ot:way and that this improvement will
meet the nceds of his upcoming development ofthe commercial site.
FISCAL IMPACT:
Altemative # 1: The construction project as designed and went to bid includes all costs
associated with this alternative. Neithcr savings nor additional costs to the project will be
realized.
Alternative # 2: With donation of right-of-way by E's and Orange Tree PUD, an anticipated
savings of approximately $103,000 will be realized due to delction of contracted items in the
project (retaining wall, guard rail and hand rail), A portion of the savings estimated at $55,000
would be required, if directed by the Board, to construct the Westbound left lane and directional
median opening as wcll as the re-opening of Valencia Drive, The Eastbound right tum lane on
Oil Well Road and any compensating right-of-way would be a site plan approval requirement of
Orange Tree PUD or E's. Staff does not recommend using any of the savings to construct on-site
improvements or site rclatcd items that would bc rcquircd by the sitc developments. While a
greater savings to the county would be realized, the request is to open the median and reduce the
capacity of the multi-Ianing improvemcnts the public is funding
Alternative # 3: With donation of right-of-way by E's and Orange Tree PUD, an anticipated
savings of approximately $103,000 will be realized due to deletion of contracted items in the
project (retaining wall, guard rail and hand rail). A portion of the savings, estimated at $68,000
may be used, if directed by the Board, for the construction of the Westbound left tum lane with
directional median opening, and the cul-de-sac construction of Valencia Drive. The Eastbound
right turn lane on Oil Well Road and any compensating right-of-way would be a site plan
approval requircment of Orange Tree PUD or E's. Staff does not recommend using any of the
savings to construct on-site improvemcnts or site related items that would be required by the site
developments. While a greater savings to the county would be realized, the request is to open the
median and reduce the capacity of the multi-laning improvements the public is funding
Agenda Item No. 10A
December 14, 2010
Page 6 of 12
Alternative # 4: Staff does not recommend this alternative. With donation of the right-of-way by
E's and Orange Tree PUD, an anticipated savings of approximately $103,000 will be realized
due to deletion of contracted items in the project (retaining wall, guard rail and hand rail). A
portion of the savings estimated at $45,000 may be used, if directed by the Board, for
construction of the Westbound left turn lane with directional median opening. Staff does not
recommend using any of the savings to construct on-site or site related improvcments required
by the devclopment. (The petitioner is asking the Board to allow for the savings to be used to
construct the on-site modifications.) As structured, any savings would be provided to E's and the
Orange Tree PUD to fund improvements within the PUD that the Orange Tree PUD would need
to fund when the commercial development proceeds. While a greater savings to the county
would be realized, the request is to open the median and reduce the capacity of the multi-laning
improvements the public is tunding
LEGAL CONSIDERATIONS: The County Attorney's o/ftce does not support any contractual
agreement with the commercial property owners wherein the County agrees not to close a
median opening in public road right-of way for a period of time after initial construction. Option
3 proposes a period of three years. If the County breaches the agreement, then the County will
be obligated to compensate the commercial property owner's that are a party to the agreement for
damages resulting from the closure. The County Attorney's office will work with staff and the
property owner's to implement Board direction.--HF AC
GROWTH MANAGEMENT IMPACT: Thcrc is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners:
I. Provide direction to staff on the selection of the preferred alternative for access
improvement to E's Country Store. Statf has ranked the alternatives in priority order with
Alternative # I having the highest ranking, solely relative to the transportation issues. It is
understood that the Board may need to consider these issues relative to other community
concerns. Therefore, staff recommends that The BCC only consider Alternative I thru
Alternative # 3. Although Alternative # 4 is presented in this Executive Summary in
response to the desirc of the applicant, it is not recommended and would set a precedent
in expenditure of public funds for site related improvements that would be required ofE's
and the Orange Tree PUD when it comes forward; and
2. Any agreement between and among the parties (Collier County, E's Country Store, LLC,
and Roberto Bollt, Trustee), after its review by the County Attorney, will be brought baek
to the BCC f(lr Board approval.
Prepared By: Jay Ahmad, r.E. Director, Transportation Engineering
Attaehments: Exhibits; Alternative I, 2, 3 and 4.
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.1 OA
December 14, 2010
Page 7 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
Recommendation that the Board of County Commissioners provide direction to staff on
selection of preferred alternative to address access to Es Country Store on Oil Well Road,
currently under construction. (Norman Feder, Administrator, Growth Management)
12/14/20109:00:00 AM
Prepared By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
12/11201010:03:09 AM
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
Date
County Attorney
12111201012:10 PM
Approved By
Norm E. Feder, A1CP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
1211/20101:06 PM
Approved By
Nick Casalanguida
Transportation D!vision
Director ~ Transportation Planning
Date
Transportation Planning
12/1/20101 :19 PM
Approved By
Najeh Ahmad
Transportation Division
Director - Transportation Engineering
Date
Transportation Engineering &
Construction Management
12/1120102:11 PM
Approved By
Lisa Taylor
Transportation Division
Management/Budget Analyst
Date
Transportation Administration
12/1/20103:00 PM
Approved By
Kevin H. Dugan
Transportation Division
Project Manager
Transportation Engineering &
Construction Management
Date
1211/20103:44 PM
Approved By
Natali Betancur
Transportation Division
Administrative Assistant
Date
Transportation Road Maintenance
1211120104:40 PM
Approved By
OMS Coordinator
Date
Agenda Item NO.1 OA
December 14, 2010
Page 8 of 12
County Manager's Office
Office of ManClflement & Budget
12/2/20102:13 PM
Approved By
Steve Carnell
Director Purchasing/General Services
Date
Administrative Services
Division
Purchasing & General Services
1212/20102:53 PM
Approved By
Therese Stanley
Manager - Operations Support. Trans
Date
Office of Management &
Budget
Office of Management & Budget
12/3/20102:05 PM
Approved By
Leo E. Oehs, Jr.
County Manager
Date
County Managers Office
County Managers Office
12/6120106:33 PM
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