Agenda 01/24/2017 Item #16A 101/24/2017
EXECUTIVE SUMMARY
Recommendation that the Board approves and authorizes the Chairman to sign an Amended and
Restated Landscape Maintenance Agreement ("Agreement") between Collier County and the La
Morada at Naples Master Association, Inc. for landscape and irrigation improvements within the
Woodcrest Drive and Immokalee Road public right-of-way.
_____________________________________________________________________________________
OBJECTIVE: To permit landscaping and irrigation improvements within County r ight-of-way on
Woodcrest Drive and Immokalee Road and insure the La Morada at Naples Master Association, Inc., will
maintain the sod and irrigation accordingly.
CONSIDERATIONS: On June 23, 2015, the County entered into a Landscape Maintenance Agreement
with La Morada at Naples Master Association, Inc. to install sod and irrigation adjacent to the La Morada
development within the Woodcrest Drive public right-of-way. The Agreement was approved by the Board
at the June 23, 2015 meeting (Agenda Item 16A5) and recorded in OR Book 5169, Page 165 of the
Official Public Records of Collier County. However, the Association has requested to amend the
Agreement to allow maintenance of sod and irrigation within the Immokalee Road right -of-way as well.
The sod and irrigation extends along the perimeter of the right of way and immediately adjacent to the La
Morada development. The agreement includes the right-of-way permit and landscape and irrigation plans
for the improvements from the original Agreement, as well as the p ermit and plans for the additional
improvements.
FISCAL IMPACT: There is no cost to Collier County associated with this proposal. La Morada at
Naples Master Association, Inc. is responsible for all recording fees.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval-SAS.
RECOMMENDATION: To authorize the Chairman to sign the attached Amended and Restated
Landscape Maintenance Agreement between Collier County and the La Morada at Naples Master
Association, Inc. for landscape and irrigation improvements within Woodcrest Drive and Immokalee
Road public right-of-way.
Prepared by: Pamela Lulich, PLA, CPM, Landscape Operations Manager, Road Maintenance Division,
Growth Management Department
ATTACHMENT(S)
1. 3_LaMorada Location Map final (PDF)
2. agreement initialed by SAS(2) (PDF)
16.A.1
Packet Pg. 460
01/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Item Summary: Recommendation that the Board approves and authorizes the Chairman to sign an
Amended and Restated Landscape Maintenance Agreement (“Agreement”) between Collier County and
the La Morada at Naples Master Association, Inc. for landscape and irrigation improvements within the
Woodcrest Drive and Immokalee Road public right-of-way.
Meeting Date: 01/24/2017
Prepared by:
Title: Manager - Landscape Operations – Growth Management Department
Name: Pamela Lulich
12/13/2016 12:04 PM
Submitted by:
Title: Department Head- Growth Management Dept – Growth Management Department
Name: David Wilkison
12/13/2016 12:04 PM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Additional Reviewer Completed 12/13/2016 1:14 PM
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 12/14/2016 2:25 PM
Procurement Services Allison Kearns Additional Reviewer Completed 12/19/2016 9:08 AM
Road Maintenance Travis Gossard Additional Reviewer Completed 12/19/2016 2:11 PM
Growth Management Department Gene Shue Additional Reviewer Completed 12/20/2016 12:01 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 12/21/2016 11:41 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/22/2016 2:14 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2016 2:18 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/27/2016 11:25 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/28/2016 8:00 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/16/2017 10:02 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/24/2017 9:00 AM
16.A.1
Packet Pg. 461
Immokalee RD
LaMorada: Immokalee Rd & Woodcrest Dr Location Map
Limit of Maintenance for LaMorada Master Association within Pristine Drive and Woodcrest Drive public Rights-of-way
Legend
GMD.DBO.MajorRoads_GMD
¯
16.A.1.a
Packet Pg. 462 Attachment: 3_LaMorada Location Map final (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 463 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 464 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 465 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 466 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 467 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 468 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 469 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 470 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 471 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 472 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 473 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 474 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 475 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 476 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 477 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 478 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 479 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
16.A.1.b
Packet Pg. 480 Attachment: agreement initialed by SAS(2) (2401 : Landscape Maintenance Agreement- LaMorada at Naples Master Association)
01/24/2017
EXECUTIVE SUMMARY
Recommendation to approve a Second Amendment to the Settlement Agreement and General
Release between Villages of Stella Maris Master Association, Inc. and Collier County, to amend the
Settlement Agreement and General Release, dated June 26, 2007, as amended by the Amendment to
Settlement Agreement and General Release, dated May 12, 2015.
OBJECTIVE: To approve a Second Amendment to the Settlement Agreement to change the number
and length of boats that could dock along a 912.05-foot long portion of seawall in the Port of the Islands
located within Tract M-1, Stella Maris, as recorded in Plat Book 26, pages 26 through 27, of the public
records of Collier County, Florida.
CONSIDERATIONS: A request has been received by the Development Review Division, Growth
Management Department, from Villages of Stella Maris Master Association, Inc., to amend the existing
Settlement Agreement to change the number and length of boats that are permitted in an angled dock
formation along the 912.05-foot long portion of seawall within Tract M-1, Stella Maris. Specifically, the
Association desires to change the number of boats from 39 to 42, and to change the length of the boats
from a maximum of 22 feet to an average of 22 feet. After review, staff has conc luded that the proposed
changes are consistent with the Manatee Protection Plan, as further described herein.
The County had originally approved a boat ramp for the subject property as part of the Stella Maris III
site development plan in 2003, but subsequently rescinded its approval due to environmental concerns
that the boat ramp approval conflicted with the intent of the Collier County Manatee Protection Plan
(MPP), to limit the number of boats utilizing the Port of the Islands. However, the developer had already
entered into numerous contracts for sale of the property based in part on the County’s approval of the boat
ramp, so the parties entered into the Settlement Agreement to avoid potential litigation. As part of the
Settlement Agreement, the developer agreed to grant the County a conservation easement over its seawall
to ensure that no boats would dock alongside the seawall, in exchange for the County permitting the use
of a private boat ramp that would service no more boats than could have docked alongside the seawall in
a marginal wharf configuration, which County staff opined was consistent with the intent of the MPP.
The boat ramp was never constructed. Therefore, Collier County approved an amendment to the original
Settlement Agreement and a companion vacation of the conservation easement on May 12, 2015, to allow
for construction of boat dock improvements to accommodate the number and length of boats that would
otherwise be permitted along the seawall in a parallel wharf configuration.
The MPP limits the docks in the Port of the Islands area to a marginal wharf configuration. The intent of
the requirement for the marginal wharf configuration in the MPP is to limit the number of boat slips in
proportion to the length of available shoreline; there was no intent for the MPP to limit protrusions into
the waterway in Port of the Islands. As such, it does not matter whether the boats are parallel or angled,
as long as there is a limit on the total number of boat slips. A non-marginal wharf configuration has also
previously been approved in Port of the Islands for another nearby development, Sunrise Cay II, through
the Board of County Commissioners (Board) approval of Settlement Agreement ADA-2008-AR-14059
(Agenda Item 17E, September 15, 2009 Board meeting). In the case of Sunrise Cay II, it was decided that
the intent of the MPP could be met if the applicant and the County were willing to enter into a settlement
agreement. The Sunrise Cay agreement limited the number of boats to no more than would be allowed by
the application of the marginal wharf criteria, but in an alternate non-marginal wharf docking
configuration. Therefore, the County approved an Amendment to the Settlement Agreement and General
16.A.2
Packet Pg. 481
01/24/2017
Release on May 12, 2015, to allow an alternative, non-marginal wharf docking configuration for Stella
Maris III similar in fashion to that of Sunrise Cay II by specifying a maximum number of boats.
Pursuant to the terms of the Amendment, the County agreed that the intent of Section 4.6.3 of the MP P,
relating to shoreline development within the manatee sanctuary at Port of the Islands, is to limit boat
traffic in the area to the maximum number of boats that can be located in a parallel marginal wharf
configuration along the waterfront of multi-family areas. Based on that interpretation, the County agreed
to allow for construction of residential boat dock improvements along the 912.05 -foot long portion of
seawall previously encumbered by the conservation easement, consisting of no more than 39 boats, each
limited to 22 feet in length, in place of the previously contemplated boat ramp. The calculation used
included slip spacing of 0.75 feet on each side of the boat (1.5 feet between boats); therefore, the number
of boats was calculated based on the total length of shoreline (912.05 feet) divided by 23.5 feet (22 foot
boat length plus 1.5 feet of slip spacing per boat).
Subsequent to the Amendment, the Association has advised staff they would like to have an average 22 -
foot boat length, not a maximum as specified in the original and amended settlement agreements. Further
research by staff has revealed that the settlement agreement approved for the Sunrise Cay II community in
2009 (after the original 2007 Stella Maris settlement agreement), allowed for an average, rather than
maximum, boat length. In addition, the Sunrise Cay II Agreement did not include space between slips for
the purpose of the boat slip calculation. Therefore, by removing space between boat slips from the
calculation used in the Stella Maris Amendment, staff has determined that a maximum of 42 boats with an
average length of 22 feet could dock along the 912.05-foot long seawall portion in a parallel wharf
configuration. Therefore, the intent of the MPP will be preserved by allowing the construction of the
number of boat docks necessary to accommodate a maximum of 42 boats with an average length of 22
feet, as long as the cumulative vessel length will not exceed 912.05 feet.
In conclusion, the Amendment to the Settlement Agreement(s) is being amended to: 1) indicate an
average boat length rather than maximum boat length; and 2) increase the number of boats allowed along
the 912.05 feet of previously encumbered seawall from 39 to 42. A copy of the proposed Second
Amendment to the Settlement Agreement(s) is attached hereto. If the Board approves this amendment,
staff will continue to apply this calculation to other projects in the Port of the Islands.
Staff has reviewed the Settlement Agreement amendment and recommends approval.
FISCAL IMPACT: No fees were collected for this amendment to the Settlement Agreement.
GROWTH MANAGEMENT IMPACT: The settlement agreement has been reviewed against
Objective 10.1 and Policies 7.2.1 and 7.2.3 of the Conservation and Coastal Management Element within
the Collier County Growth Management Plan and found to be in compliance because the provisions of the
Settlement Agreement amendment meet the intent of the County’s Manatee Protection Plan for this area.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval --SAS
RECOMMENDATION: To approve a Second Amendment to the Settlement Agreement and General
Release, dated June 26, 2007, and recorded on June 29, 2007, in Official Records Book 4251, Page 1019;
as amended by the Amendment to Settlement Agreement and General Release (the “Amendment”) on
May 12, 2015 and recorded on May 27, 2015, in Official Records Book 5156, 1101 of the Public Records
of Collier County, Florida.
16.A.2
Packet Pg. 482
01/24/2017
Prepared By: Summer Araque, Principal Environmental Specialist, Development Review Division,
Growth Management Department
ATTACHMENT(S)
1. Location-Site Map (PDF)
2. Exhibit A (PDF)
3. Second Amendment to Settlement Agreement 12-19-2016 (PDF)
4. First Amendment Settlement Agreement documents 2015 (PDF)
5. Original Settlement Agreement documents 2007 (PDF)
16.A.2
Packet Pg. 483
01/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Item Summary: Recommendation to approve a Second Amendment to the Settlement Agreement
and General Release between Villages of Stella Maris Master Association, Inc. and Collier County, to
amend the Settlement Agreement and General Release, dated June 26, 2007, as amended by the
Amendment to Settlement Agreement and General Release, dated May 12, 2015.
Meeting Date: 01/24/2017
Prepared by:
Title: Environmental Specialist, Principal – Growth Management Development Review
Name: Summer BrownAraque
12/20/2016 4:10 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/20/2016 4:10 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 12/21/2016 11:22 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/28/2016 11:20 AM
Growth Management Department James French Additional Reviewer Completed 12/28/2016 2:14 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 01/03/2017 9:17 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 01/05/2017 8:14 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/05/2017 5:01 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/11/2017 10:47 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/11/2017 11:24 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/16/2017 10:07 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/24/2017 9:00 AM
16.A.2
Packet Pg. 484
Engineering Service Dept. Growth Management Division2800 North Horseshoe Drive, Naples Florida 34104Planning and RegulationNOT TO SCALE PROJECTLOCATION43917201621581522102142311PROJECTLOCATIONT-52-SR-28-EH:\Planning and Regulation\Engineering Department\Engineering Folders\ACAD SURVEY DRAWINGS\Stella Maris\Location-Site Map VAC-Pl20140000235.dwg, 2/11/2014 11:45:46 AM16.A.2.a
Packet Pg. 485 Attachment: Location-Site Map (2504 : Stella Maris Second Settlement Agreement)
16.A.2.b
Packet Pg. 486 Attachment: Exhibit A (2504 : Stella Maris Second Settlement Agreement)
16.A.2.c
Packet Pg. 487 Attachment: Second Amendment to Settlement Agreement 12-19-2016 [Revision 2] (2504 : Stella Maris Second Settlement Agreement)
16.A.2.c
Packet Pg. 488 Attachment: Second Amendment to Settlement Agreement 12-19-2016 [Revision 2] (2504 : Stella Maris Second Settlement Agreement)
16.A.2.c
Packet Pg. 489 Attachment: Second Amendment to Settlement Agreement 12-19-2016 [Revision 2] (2504 : Stella Maris Second Settlement Agreement)
16.A.2.c
Packet Pg. 490 Attachment: Second Amendment to Settlement Agreement 12-19-2016 [Revision 2] (2504 : Stella Maris Second Settlement Agreement)