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Agenda 01/23/2018 Item #11F01/23/2018 EXECUTIVE SUMMARY Recommendation to direct staff to advertise and schedule a public hearing to amend Ordinance 2006-60, as amended, to expand the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) boundaries of the unit to add 17 parcels. OBJECTIVE: To direct staff to advertise and schedule a public hearing to amend Ordinance 2006-60, as amended, to expand the Haldeman Creek MSTU boundaries to add 17 condominium units to reflect the purpose, intent, and benefit associated with the maintenance of Haldeman Creek. CONSIDERATIONS: On December 12, 2017, the Collier County Board of County Commissioners (BCC) heard a Public Petition request from Stephen Kwedar requesting relief from the assessment for the Haldeman Creek MSTU because his property is located outside of the boundary as adopted in 2008. Dr. Kwedar’s property is located in the Regatta Landing Condominium. Regatta Landing (FKA Haldeman’s Landing) submitted a Site Development Plan in 2013 and subsequent reviews and approvals including the last insubstantial change approved in 2015. Five parcels were included in the Site Development Plan approval documents, including the parcel that now includes Dr. Kwedar’s condominium. Declaration of Condominium for the Regatta Landing was recorded in January 2016. The document states an owner of each condominium unit shall become a member of the Condominium Association automatically at the time the transfer of deed. Condominium Documents for Regatta Landing include the following provisions that are relevant to Haldeman Creek: Membership rights to use common elements. Access to kayak launch located on the common element. Acknowledgement that Haldeman Creek is a navigable channel. Acknowledgement that in addition to property taxes, owners may be required to pay MSTU. Developer’s right to amend the Condominium Declaration for purposes of adding proposed phases to the condominium. Phase 17 may contain kayak launch and kayak storage area and the maintenance of such facilities will be common expenses. On September 19, 2016, the First Amendment to the Declaration of Condominium for Regatta Landing to include Phase 3, Building 1 (Dr. Kwedar’s unit is located in Building 1) was recorded. The amendment includes the statement that each unit’s fractional portion of the undivided share in the Common Elements, and each Unit’s fractional portion and manner of sharing the Common Expenses and owning the Common Surplus will be 12.5%. The share will decrease as additional phases are completed. Dr. Kwedar’s parcel was declared a condominium for the first time in the calendar year of 2016, and was assessed for the first time on the 2017 Tax Roll. The parcel was purchased by Dr. Kewdar on May 31, 2017. On September 1, 2017, the attorney representing the Collier County Property Appraiser issued a letter to the Property Appraiser regarding the levy of the MSTU millage to their units outside of the boundary of 11.F Packet Pg. 98 01/23/2018 the MSTU. He concluded “all of the units within the condominium are property subject to the MSTU charges.” Sixteen of the parcels included in this requested expansion are completed condominiums and are included in the Regatta Landing Condominium. The remaining parcel is included in the SDP and currently has a construction trailer permitted on the parcel. It is anticipated to be developed and included in the Condominium documents. Based on the foregoing, it would be appropriate to expand the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) boundaries to add the 17 units that are benefited by access to and use of the kayak launch. While staff does not believe an amendment is necessary to capture these 17 units within the boundaries of the MSTU, an amendment that depicts the parcels within the boundaries would provide greater transparency and clarity to the public. FISCAL IMPACT: Fund 164 - Haldeman Creek MSTU currently levies a .7348 mileage rate on each parcel with a maximum mileage rate of three mills. The FY18 Budget is $78,900. Sixteen of the parcels are currently being assessed. The one vacant parcel which is not currently part of the condominium, is expected to be developed with 4 additional condominium units. Once construction is completed, the additional annual revenue to the Haldeman Creek MSTU is estimated at $1,800. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated. ADVISORY COMMITTEE RECOMMENDATIONS: The Haldeman Creek Advisory Board recommended approval of this item at the January 11, 2018 meeting. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The Regatta Landing Condominium has a number of common elements. These include a Kayak Launch and Boat Dock Slips which are available to the entire Regatta Landing community (whose name is not without some bearing on this item). The marketing materials for this development references both boat dock slips and a kayak launch. The Declaration of Condominium expressly contemplates payments for MSTU/MSBU Assessments. Mr. Kwedar's unit is located in one of several buildings which comprise Phase 3 of the Regatta Landing Condominium, which buildings were added into the condominium under the First Amendment to Declaration. As part of the Regatta Landing Condominium, Dr. Kweder enjoys all the benefits of the common areas, and is responsible for payment of his undivided shares of all of the assessments levied against the common elements, which include the Haldeman Creek MSTU assessments. I have included some of these documents as a separate attachment. The Property Appraiser has opined that these assessments to Dr. Kweder are lawful and appropriate. They will be assessed irrespective of whether this item is approved. I am unaware of any mechanism that the Board can remove Dr. Kweder's assessment without the other 16 units of Phase 3 of the Regatta Landings Condominium development also being removed, which would put the County in an adverse position towards the rest of the condominium community, whose MSTU portion of the condominium assessment would need to increase. It is my opinion that should the Board wish to exclude Dr. Kweder's phase from to the MSTU assessment, this item should be continued and additional public hearings noticed and held, to allow the remainder of this community the ability to participate. With that noted, this item is approved as to form and legality, and requires majority vote for approval. - JAK 11.F Packet Pg. 99 01/23/2018 RECOMMENDATION: Recommendation that the Board of County Commissioners direct staff to advertise and schedule a public hearing to amend Ordinance 2006-60, as amended, to expand the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) boundaries of the unit to add 17 parcels. Prepared by: Debrah Forester, CRA Director ATTACHMENT(S) 1. Gaylord Wood letter to Property Appraiser (PDF) 2. Haldeman Creek and Regatta Landing Proposed Expansion Map (PDF) 3. MSTU Proposed Expansion Map (PDF) 4. Parcel List of Proposed Expansion (PDF) 5. History of MSTU and Regatta Landing (PDF) 6. Regatta Landing Marketing Brochure (PDF) 7. Regatta Landing Declaration & Amendment Excerpt (PDF) 11.F Packet Pg. 100 01/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.F Doc ID: 4542 Item Summary: Recommendation to direct staff to advertise and schedule a public hearing to amend Ordinance 2008-33 to expand the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (MSTU) boundaries of the unit to add 17 parcels. (Debrah Forester, CRA Director) Meeting Date: 01/23/2018 Prepared by: Title: – County Manager's Office Name: Debrah Forester 01/12/2018 2:26 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 01/12/2018 2:26 PM Approved By: Review: County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/17/2018 10:22 AM County Manager's Office Tim Durham Additional Reviewer Completed 01/17/2018 10:44 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/17/2018 10:53 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/17/2018 10:58 AM Budget and Management Office Ed Finn Additional Reviewer Completed 01/17/2018 11:56 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/17/2018 1:11 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM 11.F Packet Pg. 101 Wood & Stuart, P.A. Attorneys at Law 304 S.W. 12th Street ____ Fort Lauderdale, Florida 33315 (954) 463-4040, Fax (954) 764-5734 Gaylord A. W ood, Jr. _______________ B. Jordan Stuart (1943-2016) J. Christopher W oolsey P.O. Box 1987 Bunnell, Florida 32110 (386) 437-9400, Fax (386) 437-9414 Please Reply to Bunnell September 1, 2017 Ms Jenny Blaje, Director c/o Honorable Abe Skinner Collier County Property Appraiser 3950 Radio Road Naples FL 34104-3750 Re: Regatta Landing Condominium and Haldeman Creek MSTU Dear Ms Blaje: Some owners of condominium parcels within the Regatta Landing Condominium are questioning whether their property is subject to the millage for the Haldeman Creek MSTU because their units are outside of the boundary for the MSTU. The answer is that all of the units within the condominium are properly subject to the MSTU charges. If you look at the Deed corresponding to the TRIM notice you sent us, to Mark and Carolyn Mollers, the legal description of the property conveyed is: Condominium Unit 1201, Building 1, Phase 3, of REGATTA LANDING, A CONDOMINIUM, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof recorded in Official Records Book 5234, Page 3570, and amended by Book 5315, Page 3647, and as amended from time to time, of the Public Records of Collier County, Florida. Most people who own a condominium think that they own a “condominium unit,” which is the box described in the Declaration. What they actually own is a “condominium parcel,” which is a “unit” together with an undivided interest in the “common elements.” Your office assesses “condominium parcels.” Since a portion of the common elements lie within the Haldeman Creek MSTU, each condominium parcel is responsible for the millage levied by that body. 11.F.a Packet Pg. 102 Attachment: Gaylord Wood letter to Property Appraiser (4542 : Haldeman Creek MSTU Boundary Expansion) Ms Jenny Blaje, Director September 1, 2017 Page Two If any of the residents have a problem with the MSTU, they should be sure to attend the public hearing on September 7, 2017 as listed in their TRIM notice. If you have any further questions about this matter, do not hesitate to inquire. Sincerely, GAYLORD A. WOOD, JR. GAW/jkf 11.F.a Packet Pg. 103 Attachment: Gaylord Wood letter to Property Appraiser (4542 : Haldeman Creek MSTU Boundary Expansion) Haldeman Creek MSTU Proposed Expansion Proposed Expansion 11.F.b Packet Pg. 104 Attachment: Haldeman Creek and Regatta Landing Proposed Expansion Map (4542 : Haldeman Creek Haldeman Creek MSTU Proposed Expansion Proposed Expansion 11.F.c Packet Pg. 105 Attachment: MSTU Proposed Expansion Map (4542 : Haldeman Creek MSTU Boundary Expansion) Parcel ID Street #Street Name Unit #Comment 69067000181 2505 BREAKWATER 3101 Boundary Line Splits the Building 69067000204 2505 BREAKWATER 3102 Boundary Line Splits the Building 69067000220 2505 BREAKWATER 3201 Boundary Line Splits the Building 69067000246 2505 BREAKWATER 3202 Boundary Line Splits the Building 69067000107 2513 BREAKWATER 2101 69067000123 2513 BREAKWATER 2102 69067000149 2513 BREAKWATER 2201 69067000165 2513 BREAKWATER 2202 69067000026 2521 BREAKWATER 1101 69067000042 2521 BREAKWATER 1102 69067000068 2521 BREAKWATER 1201 69067000084 2521 BREAKWATER 1202 69067001148 2534 WINDWARD 15101 69067001164 2534 WINDWARD 15102 69067001180 2534 WINDWARD 15201 69067001203 2534 WINDWARD 15202 61835840005 2542 WINDWARD Construction Trailer Permit Haldeman Creek MSTU - Proposed Boundary Expansion - Parcel List 11.F.d Packet Pg. 106 Attachment: Parcel List of Proposed Expansion (4542 : Haldeman Creek MSTU Boundary Expansion) Haldeman Creek MSTU/Regatta Landing Condominium Overview BACKGROUND: May 9, 2006 – The BCC awarded a $1.9 million dredging contract for the Haldeman Creek Restoration Project to improve drainage in the area caused by sedimentation and stormwater fall out. Funding for the project came from Stormwater Management CIP; Big Cypress Basin; South Florida Water Management District; and the City of Naples. The item also approved the establishment of an MSTU after the dredging was complete to address any future maintenance needs to maintain a navigable waterway. November 28, 2006 – Ordinance to establish the Haldeman Creek Maintenance Dredging MSTU and the Advisory Board was continued to the December 12, 2006 to review the boundaries of the MSTU. December 12, 2006 – Ordinance 2006-60 was approved by the Board establishing the Haldeman Creek Maintenance Dredging MSTU and the Advisory Board for the purpose of providing maintenance dredging and maintenance of navigational channel markers as determined by the Advisory Board. A levy not to exceed 3 mils of ad valorem taxes per year was approved. Duties of the Advisory Board:  Prepare and recommend an annual itemized budget to present to the BCC.  Recommend work plans and priorities to County Manager or his designee which may be adopted by the BCC.  Committee may adopt guidelines to govern its operations if approved by the BCC June 24, 2008 – Ordinance 2008-33 was adopted by the BCC to expand the boundaries of the MSTU to include 5 parcels and canal area. January 3, 2013 - Haldeman’s Landing Project Description: SDP for a 64 unit Multi Family project on 19.5 +/- acre. Location: Parcel Number: 00388360006, 61835520008, 00394880004, 00395320000. The development on-site will include 16 multi-family structures with 64 units on 20.51 acres. April 24, 2014 – Hearing Examiner Meeting – Haldeman Landing Conditions of approval – construction of docks shall not commence until the approval of an amendment to SDP for the upland housing development and subject docks and the Certificate of Occupancy (CO) shall not be issued for the docks until a CO has been issued for the upland housing development. September 11, 2015 - Regatta Landing (FKA Haldeman's Landing) (SDPI) application filed for an insubstantial change to the approved SDP for the Haldeman’s Landing project PL20130000015. Changes included the name change to Regatta Landing and the addition of 27 boat dock slips with associated signage, numbering, and dimensions. 11.F.e Packet Pg. 107 Attachment: History of MSTU and Regatta Landing (4542 : Haldeman Creek MSTU Boundary Expansion) December 8, 2015 – BCC approved the 26 slip multi-family docking facility and Special Treatment Development Permit with additional conditions including the boat slips will be owned and used only by the residents of the upland residential Haldeman Landing, aka Regatta Landing in Windstar on Naples Bay, multi-family development or by a Property Owners Association or Condominium Association established to exclusively serve the Haldeman Landing Project. January 21, 2016 – Declaration of Condominium for Regatta Landing recorded. Document states an owner of each condominium unit shall become a member of the Condominium Association automatically at the time the transfer of deed. March 29, 2016 – Resubmittal of Regatta Landing (FKA Haldeman's Landing) (SDPI) application filed for an insubstantial change to the approved SDP for the Haldeman’s Landing project PL20130000015. April 4, 2016 – Regatta Landing SDP Insubstantial Change approved. (Exhibit B – Site Plan) September 19, 2016 – First Amendment to the Declaration of Condominium for Regatta Landing to include Phase 3, Building 1 (Dr. Kwedar’s unit is located in Building 1) was recorded. The amendment includes the statement that each unit’s fractional portion of the undivided share in the Common Elements, and each Unit’s fractional portion and manner of sharing the Common Expenses and owning the Common Surplus will be 12.5%. The share will decrease as additional phases are completed. Dr. Kwedar Parcel History – In 2014 the parcel was owned by Standard Pacific of Florida (Parcel ID – 6183552008) and it was included in the Regatta Landing SDP. The parcel ID was changed March 6, 2017 to 00395360002 and then changed again on May 31, 2017 to the current parcel ID-69067000084. The parcel was declared a condominium for the first time in the calendar year of 2016, and was assessed for the first time on the 2017 Tax Roll. May 31, 2017 - The parcel was purchased by Dr. Kewdar. September 1, 2017 – Letter from Gaylord Wood representing the Property Appraiser. The letter states that “since a portion of the common elements lie within the Haldeman Creek MSTU, each condominium parcel is responsible for paying the millage levied by that body.” 11.F.e Packet Pg. 108 Attachment: History of MSTU and Regatta Landing (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.f Packet Pg. 109 Attachment: Regatta Landing Marketing Brochure (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.f Packet Pg. 110 Attachment: Regatta Landing Marketing Brochure (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 111 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 112 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 113 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 114 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 115 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 116 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 117 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 118 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 119 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 120 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion) 11.F.g Packet Pg. 121 Attachment: Regatta Landing Declaration & Amendment Excerpt (4542 : Haldeman Creek MSTU Boundary Expansion)