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Agenda 04/28/2015 Item #11B 4/28/2015 11 .B. EXECUTIVE SUMMARY Recommendation to consider a "good deal" purchase with Collier Development Corporation, now known as CDC Land Investments, Inc., for 7.51 acres under the Conservation Collier Land Acquisition Program,at a cost not to exceed $403,150,and under specific conditions. OBJECTIVE: Determine whether Conservation Collier should move forward to acquire the 7.51 acre parcel from the Collier Development Corporation, now known as CDC Land Investments, Inc. (Seller). CONSIDERATIONS: On January 25, 2011, Agenda Item 10B, the Board directed staff to cease purchasing properties for the Conservation Collier Land Acquisition Program unless "a very good deal" comes forward. At that time, a parcel owned by CDC Land Investments, Inc. was also placed on the Active Acquisition List as an "A" category property, indicating interest in acquisition. The parcel is called"the CDC Parcel"in this item. The CDC parcel consists of 7.51 acres located on the east side of the Gordon River, just west of the Naples Airport, directly adjacent to the existing Conservation Collier portion of the Gordon River Greenway, and within the taxing and zoning boundaries of the City of Naples. The potential acquisition of this parcel was reviewed and approved by City Council at its regular City Council Meeting on March 17, 2010 (Agenda Item 22). On October 22, 2010,the City of Naples Airport Authority advised by letter they were supportive of the proposal to acquire. Acquisition of this parcel serves to further complete the protection of environmentally sensitive lands within the Gordon River Greenway (see attached Project Design Report). In accordance with the approved Conservation Collier Purchasing Policy, an appraisal of $510,000 had been received on 3/21/14 by an independent, state-certified general real estate appraiser. As the appraisal is significantly higher than the bargain price, no additional appraisal was sought. CDC Land Investments, Inc. is offering the parcel to Conservation Collier for $400,000, which is $110,000 less that appraised value and which therefore can qualify as a "good deal" acquisition. CDC Land Investments, Inc. has asked for the difference between the appraised value and the purchased price ($110,000) to be taken as a charitable contribution. A new appraisal may be required of the owner for that purpose. There has been discussion of amenities for this property, including a parking area, fishing platform, and pathway and boardwalk connecting to the Gordon River Greenway trail system. Preliminary estimates for exotic removal and amenities have been developed. The entire cost package for exotic removal and amenities, including any required permitting, is approximately $326,615. However, staff's recommendation is that Conservation Collier acquires the parcel, remove the exotics (approx. $30,000), add signage, and maintain the property with no capital improvements as a category 5 preserve (resource protection/restoration)until the program's financial picture improves. During discussions about the Conservation Collier Program's 10-year financial plan on 4/8/14 (Agenda Item 11B), the Board moved to accept staff's recommendations as presented, which included a recommendation to consider removing a proposed FY18 expenditure of$645,800 as a contribution to the City of Naples for a bridge on city property. Staff is seeking clarity and finality from the Board regarding this proposed funding, as the Program is not able to sustain the CDC acquisition in addition to the proposed bridge funding, and the Conservation Collier Program was not designed to act as a funding agency. Therefore, it is staff's opinion, corroborated by County Attorney review of the matter, that any avenue towards the proposed bridge funding would be tortuous and not in keeping with Conservation Collier's mission. Packet Page-181- 4/28/2015 11 .B. At a December 2014 meeting between staff and residents of the adjoining neighborhood, Avion Park, residents expressed opposition to parking or any other amenity that would draw cars down North Road past their development. At its October 13, 2014 public meeting, the CCLAAC voted to recommend that the Board pursue acquisition. The CCLAAC met again on January 12, 2015, where they did not have a quorum, but the members' present recommended acquisition. At that same meeting, CDC's representative advised that CDC will need a decision within 6 months, or CDC will find another plan for the parcel. CDC has been waiting for an offer since January 2011 when this parcel was placed on the "A" portion of the Active Acquisition List. If the Board approves, staff will come back with an Agreement. FISCAL IMPACT: The FY15 Conservation Collier Acquisition Fund (172) adopted budget includes an appropriation of $403,300 to acquire the subject parcel. The total cost of acquisition will not exceed $403,150 including $400,000 for property acquisition, and approximately $3,150 for the title commitment, title policy, and recording of documents. Initial exotic removal activities consistent with restoring and maintaining this property as a Category 5 preserve are estimated to be $30,000. A signage allowance of $1,000 is also planned. Funding for exotic removal and signage is available in the Conservation Collier Greenway project budget in Fund(179). These are the only improvements planned. Total estimated cost of acquiring and exotic removal and signage on the parcel is $434,150. The underlying sources of funding include two developer cash donations for preserve acquisition and management under LDC 3.05.07, H.1.f. iii. a. (Offsite Vegetation Preservation) of$135,587 and existing Conservation Collier funds of$298,563. Estimated ongoing maintenance costs are shown below and will be included in future Conservation Collier Maintenance Fund (174) operating budgets. These estimates represent a maximum cost and are consistent with costs experience with similar preserves. The primary financial caveat associated with this acquisition continues to be the long-range Conversation Collier Program financial outlook and the ongoing requirement to conserve the Program's escrow balance. Consistent with staff recommendations relative to the 4-8-14, (item 11B), presentation of the Conservation Collier Ten-Year Financial Plan, the Board accepted a number of cost cutting recommendations including establishing funding for CDC parcel acquisition in lieu of future, legally problematic funding for a Greenway Bridge. With the deletion of funding for the Greenway Bridge, and limiting CDC Parcel improvements to exotic removal, the proposed acquisition is financially favorable to the Conservation Collier Program escrow balance. Operating Budget: Elements FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Operating and Maintenance $30,000 $10.000 $10,000 $10,000 $10,000 Capital Outlay 1,000(sign) 0 0 0 0 GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance, Ordinance No. 2002-63, as amended, provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of the Conservation Collier Packet Page-182- 4/28/2015 11 .B. Ordinance. Accordingly, this item is approved for form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: That the Board consider a "good deal" purchase with Collier Development Corporation, now known as CDC Land Investments, Inc., for 7.51 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $403,150 and subject to the formal removal of the City of Naples Bridge from the future Conservation Collier 10-year financial plan and also that there will be no plan for capital improvements to the parcel unless future funding becomes available. Prepared By: Alexandra J. Sulecki,Principal Environmental Specialist, Parks and Recreation Department Attachment: Project Design Report Packet Page-183- 4/28/2015 1 1 .B. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.B. Item Summary: Recommendation to consider a "good deal" purchase with Collier Development Corporation, now known as CDC Land Investments, Inc.,for 7.51 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $403,150, and under specific conditions. Meeting Date: 4/28/2015 Prepared By Name: BetancurNatali Title: Operations Analyst,Beach &Water 4/6/2015 10:35:42 AM Submitted by Title: Environmental Specialist,Principal, Conservation Collier Name: SuleckiAlexandra 4/6/2015 10:35:43 AM Approved By Name: WilliamsBarry Title: Division Director-Parks &Recreation, Parks &Recreation Date: 4/6/2015 1:25:29 PM Name: JohnsonScott Title: Manager-Procurement, Purchasing&General Services Date: 4/6/2015 3:58:29 PM Name: Washburnllonka Title: Manager-Park Operations, Parks &Recreation Date: 4/7/2015 8:50:56 AM Name: SuleckiAlexandra Title: Environmental Specialist, Principal,Conservation Collier Date:4/8/2015 3:10:55 PM Packet Page-184- 4/28/2015 11 .B. Name: TownsendAmanda Title: Division Director-Operations Support, Public Services Department Date: 4/9/2015 8:47:15 AM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 4/9/2015 2:38:57 PM Name: MarkiewiczJoanne Title: Division Director-Purchasing&Gen Svc, Purchasing&General Services Date: 4/10/2015 6:48:16 AM Name: MarkiewiczJoanne Title: Division Director-Purchasing&Gen Svc,Purchasing&General Services Date: 4/10/2015 6:48:28 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/13/2015 4:51:51 PM Name: Carnell Steve Title: Department Head-Public Services,Public Services Department Date: 4/14/2015 9:49:54 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/14/2015 2:21:33 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2015 2:59:00 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 4/16/2015 2:29:15 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/16/2015 3:52:06 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/17/2015 11:03:38 AM Packet Page-185- 4/28/2015 11 .B. Conservation Collier Land Acquisition Program Project Design Report Date: April 28, 2015 CerXin,ner. - .:; Aerial -Zoom CDC Land n vestme nts t-7:?.5lacres r" s ' «-;,-,-,:',,,i';' Freedom Parka; :i ,mt... r t . F •t I a, tea: " a .ike .. ,i £I, t1 1'S ' _ ;.�J s ` erc"0n,� r ,»r.r"'�.r?. " C a '�i slims ay''^ l f.mss^ + &, GOLDEN GATE PKWY ,,.- , r" GOLDEN GATE BLVD ,,� ,r,ea4.43°,,,'..� . '° '�` a .- 74 A« Est' _' ,1 + , "'"z ' ` -. ` 4.2`eA&� �_ 'i aim'i44, F_ 'fn.}e 7 ?.. F T'F T a ;; s° Gordon River e—V,.44A.,: .r4 { -O i w a.: r '; a eGreenway Preserve " ys n �."4„. ; q t ..fie t tit it .Y -ii.,iAl ryl"'1" �,,,,. fl i `t w. ',{n'�°an{+ ,r �p sa,r J�' / * "'mrd g W"'I A Fay Yal4 r z �� b �..tik'... ,.r „ 'it o 4.- a • .:. as 3. a s 44.„ rq oo '"e Fu $k gym cta "p I _ ` mix �,e3a- �r i 1 , - 3 rte+ T 5Y ,Y„AvhDn'P y I-i II '444•� -- ,1 + Tae x,r< ..L-,-"� L`�-z.7. t�k.ul.�?�,. 3,,-/ 0us0- g tom'° z ' °,. ,{ ^3- ..v -... _- s i.er. /� Leo d r,u j CDCparcel ns cxwr cw� Pron.ny�.pern�xr 444 OCOUMy Perk Lentls C eaM r QCOnservMion Collier AOquu.M `Mltiaa[lon I Conservation Easemen9 Kettle e Property Owner: CDC Land Investments, Inc. Folio(s): 20760080007 Location: Un-platted Lands 34 49 25 NE1/4 of SE1/4 of SE1/4. Size: 7.51 acres Collier County Appraiser Value: $458,500 History of Project: Project Selected for the "A" AAL most recently Good Deal offer-Recommendation by category, #1 priority, on the approved by BCC CCLAAC Active Acquisition List (AAL)by CCLAAC 12/13/10 1/25/11 10/13/14 Packet Page -187- 4/28/2015 11.B. Purpose of Project: Environmental Conservation—Conservation Collier Program History: This parcel was first nominated for Conservation Collier in March 2009 as part of Cycle 7. Cycle 7 was suspended by the Board on 6/23/09 while program financial projections were occurring. The proposal was re-submitted in 2010 as part of Cycle 8. In March 2010, the Naples City Council discussed the potential acquisition at a public meeting and approved. On January 25, 2011 (Agenda Item 10B) the Board directed staff to cease purchasing properties for the Conservation Collier Land Acquisition Program unless "a very good deal" comes forward. At that time, the CDC parcel was also placed on the Active Acquisition List as an"A" category property, indicating interest in acquisition. Subsequently, in 2014, the owners made an offer of a "good deal acquisition" for $400,000. The parcel was appraised in May 2014 by an independent competitively selected appraiser at $510,000. The Collier County Appraiser lists its current value at$458,500. Program Qualifications: The CDC parcel is located directly adjacent on the south end to the Conservation Collier—owned portion of the Gordon Rover Greenway Park. When it was evaluated as part of cycle 8 in 2010 for the Conservation Collier Program, it was found to meet 5 of the 6 Initial Screening Criteria including presence of native plant communities/listed species, opportunities for human social values, listed species habitat, water resource protection values, and protection of current conservation lands. Native plant communities include 3.5 acres of Mangrove Swamps and 4.01 acres of Pine- Mesic Oak. Within the overall vegetative cover, the parcel contains approximately 35- 40% invasive exotic plant species, mostly located along the outer edges and along the mangrove edge. The Florida Natural Areas Inventory (FNAI) identifies this parcel as a category 6 Priority Habitat in a ranked system of 1-6 with 1 being the highest priority for conservation. The Florida Fish and Wildlife Conservation Commission (FWC) has identified the mangrove portion of the parcel — 3 acres — as a strategic habitat. Potential listed species include wading birds, manatee and crocodiles. The parcel buffers and protects the Gordon River from adjacent urbanized uplands and provides wetland habitat for many native species. The entire parcel is within a flood hazard zone and will help attenuate flood waters from nearby developed properties. The northern 1/3 of the parcel is within a well field protection zone (20 year zone). Human social values are served by adding the parcel to the Gordon River Greenway Park. The parcel can be seen by visitors accessing the southern end of the Park. It could provide additional space for future amenities but, if not developed, will still provide conservation values as strategic greenspace and buffer for the Park. Zoning, Growth Management and Land Use Overlays: The parcel is entirely within an overlay boundary established by Exhibits A-E of the City of Naples Municipal Ordinance, Division 4, Airport Overlay District, with special reference to Sections 58- 1073(a and (b), 58-1074(a) and 58-1075. Its zoning classification is one single family residential unit per each 7,500 square feet on upland portions. An owner-provided plan shows a potential for 17 home sites. The parcel's location within lands identified in Exhibits A through E within the Airport Overlay District means that no structures may be 2 Packet Page-188- 4/28/2015 11 .B. built without Federal Airport Authority (FAA) review and written determination of the proposal's effect on navigable airspace, no development proposal will be approved without first receiving comments from the executive director of the city airport authority and airport land use restrictions may apply regarding lighting and structure height. It is partially within an established County overlay for well field protection — ST-W4. Well field protection zones have been used to regulate land use and to limit activities that could adversely affect the ambient quality of ground water. These regulations may limit how the site can be developed. The Naples Airport Authority expressed approval of the proposed conservation acquisition by letter dated 10/22/10. Projected Management Activities: Projected management activities include removing exotic plants and any debris and maintaining the parcel in a clean, aesthetically pleasing manner. No improvements beyond a sign are contemplated at this time. 3 Packet Page-189-