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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. .e...#_j~ h) :J. - --;1- H! Sbj,qer.; Youth Haven, Inc., a Florida non-profit corporation Witnesses: );j /vJi Print Name dJ BY~~~ Print Name: ~'"' L. /'(' k~ PrintTitle: k;%"""r: ;?d~ , (!. KlUtli!J.L'(1 Print Name lof2 STATE OF -FIorIc/o- ) ) SS: 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: 576111 v_Ol \ 119665.0003 20f2