Agenda 06/03/2003 W COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PUD-IOU WORKSHOP #1 AGENDA
June 3, 2003
9:00 a.m.
Tom Henning, Chairman, District 3
Donna Fiala, Vice-Chair, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO
BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT
NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),
REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND
RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS
AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE
COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING
AND WILL BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON W HO DECIDES T O APPEAL A DECISION O F T HIS BOARD W ILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES
UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION
IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO
COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE
CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT
LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-
8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
1. Pledge of Allegiance
2.
Monitoring of Planned Unit Developments for Compliance with Developer
Commitments and Consistency with Approved PUD Documents.
3. Adjourn
EXECUTIVE SUMMARY
PRESENTATION OF THE FINDINGS ON THE RESEARCH PERTAINING TO COLLIER
COUNTY'S 321 RECORDED PUDS AND THE IMPLEMENTING ORDINANCES, AND
SUBSEQUENT AMENDMENTS AND TO REVIEW THE DOCUMENTED
COMMITMENTS TO COLLIER COUNTY AND ASSESS THE STATUS OF THE
COMMITMENTS RECORDED WITHIN THE ORDINANCES FOR: TRANSPORTATION,
WATER MANAGEMENT, UTILITIES, ENVIRONMENTAL, LANDSCAPE, HISTORICAL
/ARCHAEOLOGICAL, STREET LIGHTS, EMS, PUBLIC PARKS, SCHOOL SITES AND
POLLING PLACES.
OBJECTIVE:
To evaluate the status of PUD commitments made by the development community as set forth
in the adopted ordinance and subsequent amendments; provide a compilation of findings from
current monitoring reports, provide the findings from the twenty five (25) selected PUDs
inspected by: Environmental Services, Engineering, Transportation and Code Enforcement and
to provide recommendations for future monitoring practices.
CONSIDERATIONS:
Staff was charged with the responsibility of obtaining the enacting ordinances and
amendments thereto, for all 321 PUDs. These ordinances were reviewed for the
commitments, found within the general language or listed within a separate section specific
to these commitments. Staff prepared a summary sheet for each PUD documenting the
commitments that typically appear in the recorded ordinances for: TRANSPORTATION,
WATER MANAGEMENT, UTILITIES, ENVIRONMENTAL, LANDSCAPE, HISTORICAL
/ARCHAEOLOGICAL, STREET LIGHTS, EMS, PUBLIC PARKS, SCHOOL SITES AND
POLLING PLACES and OTHER INFRA-STRUCTURE.
An analysis of the ordinances, reviewed to date, revealed that the commitments made typically
were as follows: 45% Street Lights, 69% Transportation, 67% Water Management, 23%
Utilities, 12% Engineering, 60% Environmental, 16% Landscaping, 18% Polling Place, and 19%
Historical/ Achaeological. Based on these findings appropiate departments were engaged to
inspect the PUDs for compliance.
Report materials necessary to fully evaluate compliance were distributed to department
representatives for the PUD inspections. This support documentation included: the listed PUDs
for inspection, the master PUD list with commitments summarized, an inspection report form,
individual summaries of the PUD commitments, the ordinance adopting the PUD and /or
sections of the ordinance referring to the commitments, the Annual Monitoring Report and a
map of the PUDs to be inspected.
Upon review of the support documentation for the first fifty (50) PUDs selected as a sampling
for the presentation to the BCC, staff determined that time constraints, staffing constraints, and
the complexity of the inspections, would only permit twenty-five (25) PUDs to be inspected prior
to the June 3rd Board of County Commissioner's Workshop.
Findings from the inspected 25 PUDs indicate that; 20% were in compliance, 13% were
determined to have substantial compliance requiring minor work, 54% could be brought
into compliance but, would require a more substantial amount of work and, 13% were
determined to be out of compliance.
The annual PUD monitoring reports required by Section 2.7.3.6 of the LDC directs the
developedowner or authorized agent of the PUD to complete a form documenting the status of
construction inclusive of commitments. The returned reports have varying levels of completion
and accuracy. Staff's historic knowledge and experience regarding the monitoring process
indicates that the current process needs to be reassessed.
Staff recommends the following:
Monitoring reports must be accompanied by an affidavit signed by the
principal in charge of the project and also signed by the varying project
consultants certifying the accuracy of compliance.
2. All subsequent development applications or petitions within a PUD must
submit a copy of the latest adopted PUD ordinance.
a. Submitted documents must be inclusive of any waivers or deviations from the
adopting ordinance that have been negotiated and approved.
3. CDES must assign expanded staff to perform duties and responsibilities that
are dedicated to exclusively monitoring PUDs.
Comments received from reviewing departments regarding annual
monitoring reports, need to be documented, researched and subsequent
action taken.
b. Devise ways to collect and record monitary commitments at PUD approval.
4. Identify consequences for noncompliance of the approved commitments.
a. Re-open PUDs to re-evaluate commitments and all other aspects of the
PUD.
b. Withhold Building Permits and/or C.O.s until compliance is met.
5. Amend the LDC to require that the owner notify the appointed staff within
CDES of the sale or transference of PUD ownership.
CDES to develop a process which engages staff to review, the PUD
development requirements and commitments prior to the turnover of the
property to homeowners associations.
-2-
FISCAL IMPACT:
The complexity of the monitoring issues necessitates an understanding of environmental,
transportation, engineering, and planning criteria. To properly monitor the existing PUDs
and all future PUDs for commitment compliance, a team structured within CDES is required.
Estimated cost and benefits associated with these positions can not be determined until the
number of staff is identified.
GROWTH MANAGEMENT IMPACT:
Pursuant to the Growth Management Plan Overview, Section C (VII) Collier County is
required to ensure that adequate service by public facilities must be available at the time of
demand by new development. This requirement must be achieved by spacial coordination of
public facilities with land uses.
RECOMMENDATION:
That the Board of County Commissioners consider the findings and recommendations of the
audit and provide direction to the Planning Services Department regarding the future
monitoring of PUDs.
PREPARED BY:
IV~YA~N DEVANAS SENIOR PLANNER
COMMUNITY PLANNING & REDEVELOPMENT SECTION
DATE
¢~'EVIEWED BY: ~
RANDY/C/OHEN, MANAGER "'
COMMUNITY PLANNING & REDEVELOPMENT SECTION
DATE
~~A~I~EWED BY: ']
G/~RJET WUERSTLE, AICP
PLANNr'NG SERVICES DEPARTMENT DIRECTOR
-3-
APPROVED BY: /'
,~r~INISTRATOR
(~MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
-4-