Agenda 09/26/2017 Item #17A09/26/2017
EXECUTIVE SUMMARY
Recommendation to approve a resolution designating the Close-Out of the adopted Balmoral
Planned Unit Development (PUD) which has fulfilled all of their commitments within their
development orders except for one transportation commitment remaining which will be tracked
through the Commitment Tracking System. [PL20160000605]
OBJECTIVE: To have the Board of County Commissioners (Board) approve by resolution the Close-out
of Balmoral PUD such that this PUD will have all commitments, except one transportation commitment,
deemed completed or no longer necessary and waived in accordance with Section 10.02.13.F of the Land
Development Code (LDC), relinquish 24 unbuilt dwelling units and be relieved of their Annual
Monitoring responsibilities as defined by Section 10.02.13.F of the Land Development Code (LDC).
CONSIDERATIONS: Staff seeks the approval of the Balmoral PUD Close-Out resolution so that the
PUD is designated, without uncertainty, as “complete,” “built-out” and/or “closed-out” and once
approved will be certified as having met its commitments or having unwarranted commitments waived by
the Board due to the circumstances presented.
The one remaining transportation commitment will still be in effect and will be tracked through the
Commitment Tracking System (CTS). The following commitment remains:
Within 90 days of the approval date of the Balmoral PUD, the petitioner, its successors or assigns, shall
provide the southernmost 15 feet to meet immediate utility needs. (Completed) In the event that the east-
west Green Blvd Extension is four laned, the 12-inch water main shall be relocated out of the median and
into a dedicated Collier County utility easement according to Collier County ordinance standards at the
expense of the developer. (Incomplete)
LDC Section 10.02.13.F.5 stipulates that: “A release of a PUD commitment determined to be no longer
necessary shall be brought as an agenda item to the Board of County Commissioners for their approval.”
The Balmoral PUD has requested they be released from one transportation commitment for a second
access point within their PUD. The commitment states:
A secondary access location may be required to be located along the proposed Green Boulevard
Extension roadway located along the parcel’s southern property line a minimum of 500 feet east of
Livingston Road and a minimum of 670 feet west of the parcel’s eastern property line. In the event that
the Green Boulevard Extension is not funded for construction at the time Tracts R-3 and R-4 are
proposed for site development plan or preliminary subdivision plan review, then the secondary access
point shall be provided from Whippoorwill Lane. Other than as prescribed in the Stipulated Final
Judgment, Collier County has the right to modify or change any median treatment on the public road
system and other than those points of access required by the Judgment; there is no vesting of number,
type or location of access points.
Staff recommends that the PUD be released from a second transportation commitment. The commitment
to construct a portion of “Green Boulevard Extension”. This portion of road was constructed by Marbella
Lakes and therefore is deemed unnecessary. This commitment states:
The Developer may construct all or part of the proposed Green Blvd Extension roadway connecting
Livingston Road and shall also be responsible for all necessary permitting. Impact fee credits or other
funding shall only be available if the roadway, or portion thereof, is constructed to County design
standards for a collector road under County ordinances and policies and is not a site related
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improvement. The entrance for the east-west collector road shall be located no closer than 500 feet from
Livingston Road. Once the interests of any easement holder or lien holder are subordinated or released
relative to the Kensington drainage outfall ditch, the developer may cover and bury the pipes to construct
the collector road within the easement. Valuation of the conveyance shall be as set forth in Section
2.2.20.3.7 of the Land Development Code.
PUD Monitoring has established procedures whereby a final determination of compliance was rendered
by the Division Administrators, who reviewed and approved their staff’s findings and approved through
their signatures the PUD’s compliance and built-out status.
The Balmoral PUD summary of development and compliance with the developer commitments follows:
Ordinance: 02-43
Ordinance Authorized: 236 Dwelling Units
Recorded Built Out: 212 Dwelling Units
Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as built-out.
The PUD has requested to go through the built out process.
Approvals:
Engineering Administrative reviews and approval Granted by: Matthew McLean
Environmental Administrative reviews and approval Granted by: Matthew McLean
Impact Fees Administrative reviews and approval Granted by: Amy Patterson
Planning Administrative reviews and approval Granted by: Michael Bosi
Super. of Elections Administrative reviews and approval Granted by: Jennifer Edwards
Transportation Administrative reviews and approval Granted by: Amy Patterson
Public Utilities Administrative reviews and approval Granted by: Dr. George Yilmaz
After the final determination of Close-Out is rendered by the Board of County Commissioners, this
Closed-Out PUD will be eliminated from any further demands for commitment contributions or
assessment of commitment compliance by staff except for the one transportation commitment that will be
tracked through CTS, the 24 unbuilt dwelling units are relinquished and the PUD will remain Closed-Out
until subsequent action is approved by the Board of County Commissioners as an amendment specific to
the PUD. Any future PUD amendments will then return the PUD to an active status for monitoring.
FISCAL IMPACT: The Close-Out of the Balmoral PUD will have no fiscal impact on the County. The
application fee submitted has been applied to the staff hours allocated to the preparation of the PUD
documents for verification reviews and for the presentation to the Board.
Due to the nature of the review process established for these Close-Out reviews there was a need to rely
on paper documents to circulate among the reviewers. These activities held a nominal cost associated with
the reproduction of reports and the issuance of notification through the U.S. Mail.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This Executive Summary has been reviewed as to form and legality. A
majority vote is required for approval. - HFAC
RECOMMENDATION: To approve the Resolution and authorize the Chairman to sign the Resolution
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for Close-Out of the PUD which has been verified as in full compliance with the exception of one
outstanding commitment and directs that the one commitment be kept and tracked by staff through the use
of the Commitment Tracking System Program.
Prepared by: Laurie Beard, Project Manager, Capital Project Planning, Impact Fees and Program
Management Division
ATTACHMENT(S)
1. Resolution - 080117 (PDF)
2. Close Out Application (PDF)
3. HOA Request to Release Commitment (PDF)
4. Legal ad Balmoral (PDF)
5. Legal Ad - Agenda ID 3554 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 3554
Item Summary: Recommendation to approve a resolution designating the Close-Out of the
adopted Balmoral Planned Unit Development (PUD) which has fulfilled all of their commitments within
their development orders except for one transportation commitment remaining which will be tracked
through the Commitment Tracking System. [PL20160000605]
Meeting Date: 09/26/2017
Prepared by:
Title: Project Manager – Capital Project Planning, Impact Fees, and Program Management
Name: Laurie Beard
08/02/2017 9:22 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
08/02/2017 9:22 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 08/07/2017 3:29 PM
Zoning Michael Bosi Additional Reviewer Completed 08/08/2017 9:09 AM
Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 08/09/2017 9:47 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/09/2017 2:28 PM
Public Utilities Department George Yilmaz Additional Reviewer Completed 08/14/2017 4:09 PM
Growth Management Department Judy Puig Additional Reviewer Completed 08/14/2017 4:22 PM
Growth Management Department Judy Puig Additional Reviewer Skipped 08/14/2017 4:13 PM
Growth Management Department James French Additional Reviewer Completed 08/14/2017 6:19 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/22/2017 5:15 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/23/2017 9:08 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/23/2017 9:41 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/23/2017 4:14 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:14 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
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17.A.1
Packet Pg. 3379 Attachment: Resolution - 080117 (3554 : Balmoral Close Out)
17.A.1
Packet Pg. 3380 Attachment: Resolution - 080117 (3554 : Balmoral Close Out)
17.A.2Packet Pg. 3381Attachment: Close Out Application (3554 : Balmoral Close Out)
17.A.2Packet Pg. 3382Attachment: Close Out Application (3554 : Balmoral Close Out)
17.A.2Packet Pg. 3383Attachment: Close Out Application (3554 : Balmoral Close Out)
17.A.3Packet Pg. 3384Attachment: HOA Request to Release Commitment (3554 : Balmoral Close Out)
NOTICE OF HEARING TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, September 12, 2017 in the Board of County Commissioners
Meeting Room, Third Floor, Collier County Government Center, 3299 Tamiami Trail East, Naples, FL., the
Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting
will commence at 9:00 A.M. The title of the proposed Resolution is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO CLOSE-
OUT THE BALMORAL PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT
PURSUANT TO ITS DEVELOPMENT ORDER(S) AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY
ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE TRACKED THROUGH THE
COMMITMENT TRACKING SYSTEM (CTS).
The PUD is located in Collier County, Florida on the east side of Livingston Road and the west side of
Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, consisting of 58.95 acres.
A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All
interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any
item. The selection of an individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit
said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All material used in presentations before the Board will become a
permanent part of the record.
Any person who decides to appeal any decision of the Board will 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 based.
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 Co unty
Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)
252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are
available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk (SEAL)
17.A.4
Packet Pg. 3385 Attachment: Legal ad Balmoral (3554 : Balmoral Close Out)
17.A.5
Packet Pg. 3386 Attachment: Legal Ad - Agenda ID 3554 (3554 : Balmoral Close Out)