Agenda 06/09/2020 Item #16B1 (CRA Stipulation of Settlement w/FDOT)06/09/2020
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Community
Redevelopment Agency Board, approve the Stipulation of Settlement with Florida Department of
Transportation regarding access to CRA owned property in the Bayshore Gateway Triangle
Community Redevelopment Area and authorize the Vice-Chair to sign the document.
OBJECTIVE: To enter into an agreement with Florida Department of Transportation (FDOT) to
maintain driveway access on one parcel within the Mini Triangle catalyst project site in the short-term
and to address final access during the right of way permit process in the future.
CONSIDERATIONS:
On April 26, 2016, the Collier County Community Redevelopment Agency (CRA) approved a Purchase
Agreement with Real Estate Partners International, LLC to acquire the 5.27 acre Mini -Triangle site.
REPI has continued to move forward through the Inspection and Entitlement phases as outlined in the
agreement and deposited the required $637,296 into escrow. In May 2018, REPI received approval to
rezone the site to the Mini Triangle Mixed Used Planned Unit Development (Mini Triangle MPUD).
Access to the project was discussed during the MPUD process and REPI has submitted an access permit
to FDOT regarding access to US41 from the mini-triangle site.
On January 2, 2020, the CRA received a letter from Florida Department of Transportation (FDOT)
regarding their intent to modify driveway connections on three parcels included in the Mini -Triangle
project site as part of a FDOT milling and resurfacing project currently under design. FDOT intended to
close an existing driveway on one of the parcels owned by CRA that REPI would like to retain. CRA staff
and REPI meet with FDOT to request a modification to their design plans.
On April 14, 2020, REPI and CRA staff requested an administrative hearing regarding this closure,
seeking to resolve the matter through the access permitting process. FDOT is currently reviewing two
access permit applications regarding access to the site, one submitted by REPI and one by the adjacent
property owner. FDOT and CRA propose to enter into a Stipulation of Settlement in which FDOT agrees
not to close the existing driveway as part of the resurfacing project and the CRA agrees to withdraw its
hearing request regarding the driveway. Both parties agree that FDOT’s intended action regarding the
existing driveway and nearby access will be determined during its evaluation of the two access permit
applications currently under FDOT review.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: The proposed actions have no Growth Management impact.
LEGAL CONSIDERATIONS: The Stipulation of Settlement amicably resolves the access issue. As
such, this item is approved for form and legality and requires a majority vote for approval. - JAB
RECOMMENDATION: Recommendation that the Board of County Commissioners, acting as the
Community Redevelopment Agency Board, approve the Stipulation of Settlement with Florida
Department of Transportation regarding CRA owned property in the Bayshore Gateway Triangle
Community Redevelopment Area and authorize the Vice-Chair to sign the document.
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06/09/2020
Prepared by: Debrah Forester, CRA Director
ATTACHMENT(S)
1. Stipulation of Settlement CAO Stamped (PDF)
2. April 14 Response letter to FDOT (PDF)
3. January 2020 FDOT Letter (PDF)
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06/09/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Doc ID: 12454
Item Summary: Recommendation that the Board of County Commissioners, acting as the
Community Redevelopment Agency Board, approve the Stipulation of Settlement with Florida
Department of Transportation regarding access to CRA owned property in the Bayshore Gateway
Triangle Community Redevelopment Area and authorize the Vice-Chair to sign the document.
Meeting Date: 06/09/2020
Prepared by:
Title: – County Manager's Office
Name: Debrah Forester
05/22/2020 2:16 PM
Submitted by:
Title: – County Manager's Office
Name: Debrah Forester
05/22/2020 2:16 PM
Approved By:
Review:
County Manager's Office Debrah Forester Director - CRAs Completed 05/27/2020 7:28 PM
Corporate Business Operations Sean Callahan Executive Director- Corp Business Ops Completed 05/28/2020 7:33 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/02/2020 9:03 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/02/2020 9:15 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/02/2020 10:29 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/02/2020 11:18 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/02/2020 11:27 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/09/2020 9:00 AM
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16.B.1.aPacket Pg. 809Attachment: Stipulation of Settlement CAO Stamped (12454 : Mini Triangle Access Management FDOT)
16.B.1.aPacket Pg. 810Attachment: Stipulation of Settlement CAO Stamped (12454 : Mini Triangle Access Management FDOT)
16.B.1.aPacket Pg. 811Attachment: Stipulation of Settlement CAO Stamped (12454 : Mini Triangle Access Management FDOT)
16.B.1.aPacket Pg. 812Attachment: Stipulation of Settlement CAO Stamped (12454 : Mini Triangle Access Management FDOT)
16.B.1.aPacket Pg. 813Attachment: Stipulation of Settlement CAO Stamped (12454 : Mini Triangle Access Management FDOT)
Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104
Phone 239-566-9551 ntrebilcock@trebilcock.biz www.trebilcock.biz
April 14, 2020
Clerk of Agency Proceedings
Department of Transportation
Haydon Burns Building
605 Suwannee Street, MS 58
Tallahassee, FL 32399-0458
Sent via Facsimile: (850) 414-5264
Subject: Mini Triangle MPUD (03010000) FDOT Financial Project ID 438059-1-52-01;
Property Tax ID 00388440007—Request Administrative Hearing
Trebilcock Consulting Solutions, PA represents the contract purchaser of the subject property identified
in the FDOT District One’s Notice of Intent to Modify Driveway Connection dated March 26, 2020 (Notice
of Intent).
We are authorized by the property owner, Collier County Community Redevelopment Agency, to provide
you with this letter which is in response to the Notice of Intent for the above-referenced site. Our request
is to retain the subject driveway and to eliminate the adjacent driveway on the site. We would like to have
this resolved through the access permitting process, however based on the notice request we are
submitting this letter to retain our rights for an administrative hearing by providing the following required
information:
1. Representative: Norman J. Trebilcock, AICP, P.E.; address: 2800 Davis Boulevard, Suite 200,
Naples, FL 34104; Phone-239-566-9551 (ofc); 239-248-3883 (cell); email:
ntrebilcock@trebilcock.biz .
Property Owner’s Representative: Debrah Forester, AICP: address: 3299 Tamiami Trail East,
Bldg. F, Suite 103, Naples, Florida 34112, Phone 239-252-8846(ofc); 239-285-8270 (cell); e-mail:
Debrah.Forester@CollierCountyFL.Gov.
When communicating with us we ask that you please always copy the property owner’s
representative by e-mail.
2. The Department’s file number or identification number: (03010000) FDOT Financial
Project ID 438059-1-52-01; Property Tax ID 00388440007
3. When and how you received the notice; Received letter dated March 26, 2020 and received
via email.
4. An explanation of how your rights or interests will be affected by the Department’s action:
The subject site is part of a larger redevelopment project within a community redevelopment area
that is intended to improve economic conditions of the area and to eliminate existing blight ed
conditions. The driveway identified to be closed by the FDOT subject notice is desired to be
retained. An adjacent driveway to the west will be eliminated, which we believe will help
accomplish the FDOT’s desired goal to improve safety or operations. Eliminating the subject
driveway will have a negative impact on the proposed project which has been in the planning
stages for several years and has received local zoning approval (Collier County Ordinance 2018-
25, Filed with the FL Dept of State May 11, 2018) based on retaining the subject driveway
location.
16.B.1.b
Packet Pg. 814 Attachment: April 14 Response letter to FDOT (12454 : Mini Triangle Access Management FDOT)
Mini Triangle MPUD –Driveway—FDOT Administrative Hearing Request
April 14, 2020
Page 2 of 2
5. All of the facts in the notice with which you disagree: The notice does not provide specific
facts to disagree with, except the intent to eliminate the subject driveway. The FDOT proposal
will not eliminate non-conforming driveway conditions. The drawing provided does not meet the
standards required by the codes cited (drawing is not signed and sealed by a professional
engineer as is required). The notice simply identifies a driveway to be eliminated on the subject
site and does not identify the driveway to be retained. In lieu of the driveway identified, we
recommend the other driveway on the site be eliminated, which we believe would accomplish the
notice intent to improve safety and operations.
6. The facts you believe justify a change to the Department’s action; Retaining the subject
driveway is part of a more comprehensive improvement project and allows more effective
redevelopment to this blighted area. The proposed redevelopment plan will eliminate more
driveways along the US 41 frontage than is what is being proposed in the FDOT project (Exhibit
A). The subject site is part of a project where we plan to have a shared driveway with the
property to the west, eliminate 4 drives along US 41 (3 drives to be eliminated under the FDOT
plan) and interconnect to our east. By working together and coordinating on the improvements, it
is our opinion and belief that improved operations and safety can be achieved with retaining the
subject driveway and implementing the access management plan that we have under review with
the FDOT. We have a pending access connection application with the FDOT that we would like
to complete in order to formalize the proposed improvements.
7. The rules or statutes you believe justify a change to the Department’s action; The proposed
improvements we propose are in compliance with the local approved zoning for the property (CC
Ord 2018-25) and we believe we are achieving reasonable conformance with FDOT 14-96.003
(6) Alternative Access Plan, consistent with 14-97, FAC.
8. An explanation of how the facts relate to those rules and statutes on which you are
relying; The proposed redevelopment plan provides for the elimination of more driveways than is
being proposed with the FDOT resurfacing project. In addition, the proposed plan specifies a
joint driveway with the site to the west and interconnection to adjacent properties to the east and
west. The access plan proposed for the site’s redevelopment is in keeping with desired
objectives to improve safety and operations of US 41.
9. The relief you request and the action you wish the Department to take or refrain from
taking: We request the FDOT not eliminate the driveway identified in the subject notice and
eliminate the other driveway on the site instead to achieve the desired safety, or operation
improvements stated in the notice.
Sincerely,
Trebilcock Consulting Solutions, PA
Norman J. Trebilcock, AICP, P.E.
President
C: Debrah Forester (via email: Debrah.Forester@CollierCountyFL.Gov )
Kara Davis, FDOT Project Manager (via email: kara.davis@dot.state.fl.us )
Enclosures: FDOT Letter of March 26, 2020 for subject site; Exhibit A—Gateway Triangle Project
Driveway Removals Map—04-13-2020
16.B.1.b
Packet Pg. 815 Attachment: April 14 Response letter to FDOT (12454 : Mini Triangle Access Management FDOT)
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Florida Department of Transportation
RICK SCOTT
GOVERNOR 605 Suwannee Street
Tallahassee, FL 32399-0450
MIKE DEW
SECRETARY
www.fdot.gov
March 26, 2020
To:
Collier Co. Community Redevelopment Agency CERT. MAIL REC’T: 7011 0470 0001 9137 6953
3301 Tamiami Trail E
Naples, FL 34112
Re: (03010000) FDOT Financial Project ID 438059-1-52-01
Property Tax ID 00388440007
Notice of Intent to Modify Driveway Connection
The Florida Department of Transportation (FDOT) is currently designing and preparing
construction plans for a milling and resurfacing project on SR 90 from E of Davis Blvd to
Courthouse Shadows in Collier, County. As part of the design effort includes an evaluation of
existing driveway connections for potential modifications that will improve safety or traffic
operations on the state roadway.
Pursuant to sections 334.044(14) and 335.182 Florida Statutes, as well as Rule 14-96.015
Florida Administrative Code and Rule 14-96.011(3)(b), (5)(b), FDOT is proposing to alter the
existing driveway access connection to Property Tax ID: 00388480007 (1991 Tamiami Trl), as
identified on the attachment.
FDOT is taking this action pursuant to sections 335.182 and 335.1825 Florida Statues
and Rules 14-96.011 and 14-96.15, Florida Administrative Code.
The existing driveway will be closed, as per the attached plans. This proposed action will
reduce potential traffic issues.
A copy of a Notice of Administrative Hearing Rights is also attached if you should
disagree with the proposed plan.
16.B.1.b
Packet Pg. 817 Attachment: April 14 Response letter to FDOT (12454 : Mini Triangle Access Management FDOT)
Sincerely,
Kara Davis
Project Manager
Florida Department of Transportation
District One
Attachments
[Driveway drawings, Notice of Administrative Hearing Rights]
Cc: Project File
District Maintenance Engineer
District Operations Engineer
District Maintenance Permitting Engineer
16.B.1.b
Packet Pg. 818 Attachment: April 14 Response letter to FDOT (12454 : Mini Triangle Access Management FDOT)
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
NOTICE OF ADMINISTRATIVE HEARING RIGHTS
225-020-01
GENERAL COUNSEL
3/22/2012
This is to inform you that you have the right to challenge the action of the Department of Transportation (“Department”)
described in the attached notice. If you wish to challenge the Department’s action, you may request an administrative
hearing under Sections 120.569 and 120.57, Florida Statutes. An administrative hearing is similar to a trial and is held
before an Administrative Law Judge. You must deliver your request by 5:00 p.m. no later than 21 days after you received
the notice and Notice of Administrative Hearing Rights to:
Clerk of Agency Proceedings
Department of Transportation
Haydon Burns Building
605 Suwannee Street, MS 58
Tallahassee, Florida 32399-0458
Facsimile: (850) 414-5264
If you disagree with the facts stated in the notice, you may request a formal administrative hearing under Section
120.57(1), Florida Statutes. At a formal hearing, you may call witnesses, admit documents into evidence, present
arguments on all issues involved, and question witnesses called by the Department or object to the Department’s
evidence.
If you agree with the facts stated in the notice, you may request an informal administrative hearing under Section
120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for
consideration by the Department.
Your request for an administrative hearing must meet the requirements of Rule 28-106.201 or Rule 28-106.301, Florida
Administrative Code, depending on whether you request a formal or informal hearing. If you request a hearing to
challenge the Department’s action, your written request must be legible and prepared on 8 ½ by 11 inch white paper and
contain all of the following:
1. Your name, address, telephone number, and email address and the name, address, and
telephone number of your representative if you have one. You may be represented by a
lawyer or a non-lawyer or you may represent yourself.
2. The Department’s file number or identification number, if known (including a copy of the
notice would be sufficient);
3. When and how you received the notice;
4. An explanation of how your rights or interests will be affected by the Department’s action
described in the notice;
5. All of the facts in the notice with which you disagree. If you do not disagree with any of the
facts stated in the notice, you must say so;
6. The facts you believe justify a change to the Department’s action;
7. The rules or statutes you believe justify a change to the Department’s action;
8. An explanation of how the facts relate to those rules and statutes on which you are relying;
and
9. The relief you request and the action you wish the Department to take or refrain from taking.
The Department will dismiss your request for an administrative hearing if it does not meet these requirements. If you have
not submitted your request to the Clerk of Agency Proceedings by the deadline above, your request will be denied, you
will not be entitled to a hearing, and the Department’s action will be final.
If you timely request a hearing, mediation, where you and the Department try to resolve the matter by agreement without
a hearing, may be available. If no agreement is reached through mediation, you will have the same right to a hearing if
one has been requested.
If you have any questions, comments, or concerns about requesting a hearing, you may contact the Clerk of Agency
Proceedings at (850) 414-5265.
16.B.1.b
Packet Pg. 819 Attachment: April 14 Response letter to FDOT (12454 : Mini Triangle Access Management FDOT)
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Packet Pg. 820 Attachment: April 14 Response letter to FDOT (12454 : Mini Triangle Access Management FDOT)
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Packet Pg. 821 Attachment: January 2020 FDOT Letter (12454 : Mini Triangle Access Management FDOT)
16.B.1.c
Packet Pg. 822 Attachment: January 2020 FDOT Letter (12454 : Mini Triangle Access Management FDOT)
16.B.1.c
Packet Pg. 823 Attachment: January 2020 FDOT Letter (12454 : Mini Triangle Access Management FDOT)
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Packet Pg. 824 Attachment: January 2020 FDOT Letter (12454 : Mini Triangle Access Management FDOT)