Agenda 04/14/2009 Item #16A 9
Agenda Item No. 16A9
April 14, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (Board) approve a Release
statement to fnlfill a reqnirement of the Y onth Haven Site Development Plan (SDP)
approval
OBJECTIVE: To accept the attached Release statement which fulfills the additional condition
from Development Review of Stonnwater Management contained on Page 5 of the 1-13-09
Approval Letter from Collier County, Florida for Youth Haven SDP-AR-13286. Upon
acceptance of this Release Statement, the owner will be able to proceed toward construction.
CONSIDERATIONS: The Youth Haven SDP-AR-13286 application was reviewed by staff
and detennined to not be in complete confonnance with the requirements of the South Florida
Water Management District (SFWMD). Because of regional flooding problems in the area that
create a long duration high tailwater condition, the project's stonnwater management facilities
cannot recover capacity within the required time frame. The typical method for an entirely new
development to address this type of existing condition is to elevate on fill. However, the Youth
Haven site is existing and it is not fiscally practical to physically raise the existing buildings.
~-
The applicant's engineer demonstrated that peak storm water elevation requirements were able to
be properly attained. The engineer designed the project to fully comply with the SFWMD
criteria when using a regional flooding tail water condition that will be anticipated after the
County's completion of portions of thc Lely Area Storm water Improvement Project (LASIP)
components. Staff was concerned that, by the County approving the SDP as submitted based
upon a future stormwater condition, and allowing the project construction to proceed under
existing conditions, the expectations of the applicant for durations of standing water on the
property would not be met. The applicant suggested the development of a release agreement
acknowledging the existing regional flooding issue and accepting that existing flooding would
continue until completion of construction of the LASIP components. Staff cannot
administratively approve a release statement or an SDP based upon possible future conditions, so
the applicant was advised that the SDP needed to be presented to the Board.
Further complicating the matter was that the SFWMD Governing Board was scheduled to vote
on tenninating the current delegation agreement with Collier County whereby the County
reviews developments ofless than forty acres with no wetland impact. If the Youth Haven SDP
did not receive County approval by 1-13-09, they would have to initiate a lengthy Environmental
Resource Pennit application process. Therefore, with all issues settled except for the existing
flooding and proposed stormwater management system recovery time, the applicant opted to
bring the SDP before the Board under the Public Comment portion ofthe 1-13-09 Board agenda.
On 1-13-09, the Board approved the Youth Haven SDP-AR-13286 (Agenda ltem 11) with the
added condition that a Release Statement would be prepared to address the existing flooding
potential that would continue to impact the site after they had constructed the proposed Youth
Haven facilities. The Release Statement was to be reviewed by and meet the approval of the
Office of the County Attorney.
Executive Summary
Agenda Item No. 16A9
April 14. 2009
Page 2 of 5
Page 2
The attached Release Statement has been prepared by counsel for Youth Haven, signed by the
Youth Haven Board's president, and approved by the County Attorney. To fulfill the approved
SOP's added condition, the Release Statement must be accepted by the Board.
FISCAL IMP ACT: None
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: The county attorney's office is concerned with off-site impacts
and requested an indemnification provision be added to the Agreement to cover claims of third
parties related to off-site impacts. The owner declined to add the indemnification on the basis
that the placement of the benn around the project is consistent with storm water development
requirements for projects throughout the county. County Engineering and Environmental
Services staff further advised the county attorney's office that the ofT-site impacts would be
minimal. This item is not quasi-judicial and as such, ex parte disclosures are not required. A
majority vote of the Board is necessary for Board action.--HFAC
RECOMMENDATION: That the Board accept the attached Release Statement from Youth
Haven as fulfilling the requirement of the added condition for approval and direct staff to have
Youth Haven record the document in the Official Records to run with title ofthe land.
PREPARED BY: Robert C. Wiley, P.E., Principal Project Manager
Engineering and Environmental Services Department
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16A9
April 14. 2009
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A9
Recommendation that the Board of County Commissioners (Board) approve a Stormwater
Management Release statement to fulfill a requirement of the Youth Haven SDP approval.
41141200990000 AM
Prepared By
Robert C. Wiley, P.E.
Community Development &
Environmental Services
Prinicipal Project Manager
Date
A pproved By
COES Engineering Services
3126/20091 ;52;59 PM
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
3127120091;56 PM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/3012009 11 ;38 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
313112009 2;16 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/31/20095;17 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
411120099,25 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4111200912:54 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/1120095:48 PM
Agenda Item No. 16A9
April 14. 2009
Page 4 of 5
RELEASE
In consideration of TEN DOLLARS and 001100 ($10.00) and other good and valuable
consideration, receipt of which is acknowledged and the County's approval of the Youth Haven
SDP-AR-13286 (the "SDP") on January 13, 2009, YOUTH HAVEN, INe., a Florida not-for-
profit corporation, its successors and assigns (hereafter "Youth Haven"), releases, acquits and
discharges the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA (hereafter the "County"), from and against any liability, demands, claims or suits that
Youth Haven ever had, now has, or may have directly arising out of: (i) the County's approval of
the stormwater management system in the SDP; (ii) the County's delay in or failure to construct
the Lely Area Stormwater Improvement Project or any portion thereof; and/or (iii) Whitaker
'Road flooding, if any, attributable to the County's approval of the SDP (it being expressly
understood and agreed to by the parties hereto that this Release shall not include any other or
future acts by the County which may contribute to or increase Whitaker Road flooding).
.K
This Release is given this /3 day of March, 2009 to satisfy the Additional Condition
from Development Review Stormwater Management contained on Page 5 of the January 13,
2009 approval letter from Collier County for the SDP.
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Youth Haven, Inc., a Florida non-profit
corporation
Witnesses:
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Print Name
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STATE OF -FIorIc/o- )
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COUNTY OF CO 11,'e., )
Agenda Item No. 161'.9
April 14, 2009
Page 5 of 5
Before me, the undersigned notary public, appeared -'P>rt1d.(,:"rd R nln r.., hn II as
'Pnbldllnt :8oorcl(print title) of Youth Haven, Inc., a Florida not-for-profit corporation, who
[V1 is per5o~a\lY known to me or [ ] was identified by driver's license on this 13'1+. day of
March, 2009.
Notary Public State or Florida
Patti J Creely
My Commission 00821792
Printe ~s 12
My Commission ExpIres:
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