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Agenda 06/26/2018 Item #16A 206/26/2018 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the amended final plat of Bent Creek Preserve Phase 2A (Application Number PL20180000294) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. _____________________________________________________________________________________ OBJECTIVE: To have the Board of County Commissioners (Board) approve for recording the amended final plat of Bent Creek Preserve Phase 2A, a subdivision of lands located in Section 26, Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. This procedure allows for the Board to approve the plat and associated construction documents for construction purposes and recording purposes concurrently. CONSIDERATIONS: On September 26, 2017, the Board approved the final subdivision plat for Bent Creek Preserve Phase 2A, PL20160003590, and subsequently, on December 12, 2017, the Board approved an amendment to the plat for Bent Creek Preserve Phase 2A, PL20170001771. The developer has since made significant revisions to the plat, necessitating this additional approval by the Board. According to Section 10.02.04 B.5.b of the Land Development Code (LDC), following approval by the Board of the final subdivision plat, but prior to recordation, the Board may approve amendments to the final subdivision plat. The Development Review Division of the Growth Management Department has completed the review of the construction drawings, specifications, and amended final plat of Bent Creek Preserve Phase 2A. These documents are in compliance with the LDC and Ch. 177, Florida Statutes. This project is within the Bent Creek Preserve PUD Ord. 12-26, as amended. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements associated with this amended final plat, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the County Manager or his designee and the County Attorney’s office prior to the recording of the amended final plat. This procedure is in conformance with Section 10.02.04 F.2 of the Land Development Code. The Development Review Division recommends that the amended final plat of Bent Creek Preserve Phase 2A be approved for recording. FISCAL IMPACT: The project cost associated with this amended final plat is $1,261,269.53 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer $499,499.50 b) Drainage, Paving, Grading $761,770.03 The Security amount, equal to 110% of the Project revision cost, is $1,387,396.48. The County will realize revenues as follows: Fund: Growth Management Development Services Fund (131) Agency: County Manager Cost Center: Land Development Services (138327) Revenue generated by this project: Total: $38,978.10 The Fees are based on a construction estimate of $1,261,269.53 and were paid in September 2017 (for the original plat application) and March 2018 (for this amended plat application). 16.A.2 Packet Pg. 518 06/26/2018 The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) $ 1,140.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) $ 3,746.25 c) Drainage, Paving, Grading (.75% const. est.) $ 5,713.28 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) $11,238.74 e) Drainage, Paving, Grading (2.25% const. est.) $17,139.83 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities (COA) prior to the issuance of the construction plan final approval letter and plat recordation, except when the applicant elects to delay obtaining a COA for non-residential developments that are required to obtain approval of a site development plan prior to the issuance of a building permit. LEGAL CONSIDERATIONS: The applicant is requesting approval of the final subdivision plat and construction and maintenance agreement. The Board shall consider the County Manager or designee’s recommendation and shall take evidence and testimony in regard to the final subdivision plat requirements identified in LDC sections 10.02.04 B, 10.02.04 C, and other provisions of the LDC, as well as Chapter 177, Florida Statutes. If the Board denies or places conditions on the final subdivision plat, it shall state reasons for such denial or conditions. The original final subdivision plat was approved by the Board on September 26, 2017, and a subseq uent amended final plat was approved by the Board on December 12, 2017. In accordance with the LDC, the applicant is required to submit the final subdivision plat to the County Manager or designee for recording within 18 months of the date of approval of the final subdivision plat by the Board. However, following approval by the Board, but prior to recordation, the County Manager or designee may approve minor insubstantial changes to the final subdivision plat, and the Board may approve any changes that ar e not minor and insubstantial. The applicant’s proposed changes to the last approved amended final subdivision plat are not considered minor and insubstantial, and therefore this amended final subdivision plat requires Board approval. This item has been approved as to form and legality, and requires a majority vote for Board approval - SAS RECOMMENDATION: To endorse staff’s recommendation to approve the amended final plat of Bent Creek Preserve Phase 2A (Application Number PL20180000294) for recording with the following stipulations: 1. Approve the amount of $1,387,396.48 as performance security for the required improvements associated with this amended plat; or such lesser amount based on work completed, and as is approved by the Growth Management Department. 2. Approve the standard form Construction and Maintenance Agreement and direct the County Manager or his designee: a. To withhold Certificates of Occupancy until the required improvements have received preliminary acceptance. b. To delay recording of the plat until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the County Attorney’s office and the Board of County Commissioners or the County Manager or his designee on behalf of the Board pursuant to Section 10.02.04 F.2 of the Land Development Code. Prepared by: Lucia S. Martin, Technician, Development Review Division, GMD 16.A.2 Packet Pg. 519 06/26/2018 ATTACHMENT(S) 1. Location Map (PDF) 2. Plat Map (PDF) 3. Opinion of Probable Cost - Bent Creek (PDF) 16.A.2 Packet Pg. 520 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Doc ID: 5700 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the amended final plat of Bent Creek Preserve Phase 2A (Application Number PL20180000294) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 06/26/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 05/15/2018 11:03 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 05/15/2018 11:03 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 05/16/2018 4:20 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/18/2018 10:29 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 05/21/2018 10:24 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/22/2018 4:17 PM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 05/29/2018 10:35 AM Growth Management Department Matthew McLean Additional Reviewer Completed 05/29/2018 3:24 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/29/2018 3:44 PM Growth Management Department James French Deputy Department Head Review Completed 05/29/2018 4:05 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/06/2018 10:40 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/06/2018 1:46 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 8:58 AM Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/14/2018 10:57 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/14/2018 2:38 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM 16.A.2 Packet Pg. 521 BENT CREEK PRESERVE PHASE 2A LOCATION MAP 16.A.2.a Packet Pg. 522 Attachment: Location Map (5700 : Final Plat - Bent Creek Preserve Phase 2A) “ ” 6610 WILLOW PARK DRIVE, SUITE 200 NAPLES, FLORIDA 34109 (239) 597-0575 FAX: (239) 597-0578 WWW.CONSULT-RWA.COM FLORIDA CERTIFICATE OF AUTHORIZATION LB #6952 THIS INSTRUMENT PREPARED BY DENNIS A. MILLER, P.S.M. #5626 LEGAL DESCRIPTION 16.A.2.b Packet Pg. 523 Attachment: Plat Map (5700 : Final Plat - Bent Creek Preserve Phase 2A) 6610 WILLOW PARK DRIVE, SUITE 200 NAPLES, FLORIDA 34109 (239) 597-0575 FAX: (239) 597-0578 WWW.CONSULT-RWA.COM FLORIDA CERTIFICATE OF AUTHORIZATION LB #6952 THIS INSTRUMENT PREPARED BY DENNIS A. MILLER, P.S.M. #5626 16.A.2.b Packet Pg. 524 Attachment: Plat Map (5700 : Final Plat - Bent Creek Preserve Phase 2A) 6610 WILLOW PARK DRIVE, SUITE 200 NAPLES, FLORIDA 34109 (239) 597-0575 FAX: (239) 597-0578 WWW.CONSULT-RWA.COM FLORIDA CERTIFICATE OF AUTHORIZATION LB #6952 THIS INSTRUMENT PREPARED BY DENNIS A. MILLER, P.S.M. #5626 16.A.2.b Packet Pg. 525 Attachment: Plat Map (5700 : Final Plat - Bent Creek Preserve Phase 2A) 6610 WILLOW PARK DRIVE, SUITE 200 NAPLES, FLORIDA 34109 (239) 597-0575 FAX: (239) 597-0578 WWW.CONSULT-RWA.COM FLORIDA CERTIFICATE OF AUTHORIZATION LB #6952 THIS INSTRUMENT PREPARED BY DENNIS A. MILLER, P.S.M. #5626 16.A.2.b Packet Pg. 526 Attachment: Plat Map (5700 : Final Plat - Bent Creek Preserve Phase 2A) RWA, Inc. 6610 Willow Park Drive Naples, Florida 34109 Phone: 239-597-0575 Fax: 239-597-0578 10/17/2017 16.A.2.c Packet Pg. 527 Attachment: Opinion of Probable Cost - Bent Creek (5700 : Final Plat - Bent Creek Preserve Phase 2A) 2017-10-17 Phase 2A OPC 10/17/2017 16.A.2.c Packet Pg. 528 Attachment: Opinion of Probable Cost - Bent Creek (5700 : Final Plat - Bent Creek Preserve Phase 2A) 2017-10-17 Phase 2A OPC 10/17/2017 16.A.2.c Packet Pg. 529 Attachment: Opinion of Probable Cost - Bent Creek (5700 : Final Plat - Bent Creek Preserve Phase 2A) 2017-10-17 Phase 2A OPC 10/17/2017 16.A.2.c Packet Pg. 530 Attachment: Opinion of Probable Cost - Bent Creek (5700 : Final Plat - Bent Creek Preserve Phase 2A) 2017-10-17 Phase 2A OPC 10/17/2017 16.A.2.c Packet Pg. 531 Attachment: Opinion of Probable Cost - Bent Creek (5700 : Final Plat - Bent Creek Preserve Phase 2A) 2017-10-17 Phase 2A OPC 10/17/2017 16.A.2.c Packet Pg. 532 Attachment: Opinion of Probable Cost - Bent Creek (5700 : Final Plat - Bent Creek Preserve Phase 2A)