Resolution 2017-167 RESOLUTION NO. 2017 - 1 6 7
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).
WHEREAS, it is in the mutual interests of the Balmoral Planned Unit Development and
Collier County to close out the Planned Unit Development so that annual reporting obligations on
behalf of the Planned Unit Development and review of those reports by the County will become
unnecessary upon approval of this Resolution; and
WHEREAS, the Aviano at Naples Homeowner's Association , Inc has filed an application
for the close out of the Planned Unit Development and has requested that the following commitment
be deemed no longer necessary(hereinafter the "Access Commitment"):
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.
WHEREAS, the Planned Unit Development has been reviewed by the County staff for
compliance with its original commitments, and staff has identified the following commitment as no
longer necessary (hereinafter the "Green Boulevard Commitment"):
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 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.
WHEREAS, LDC Section 10.02.13.F.5 requires that a release of PUD commitments
determined to be no longer necessary be approved by the Board of County Commissioners.
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WHEREAS, the Planned Unit Development has complied with all of the remaining
developer commitments except for the following transportation commitment as follows (hereinafter
the"Utility Commitment"):
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.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Balmoral Planned Unit
Development within Collier County is found to be "built-out" and therefore is deemed "closed-out"
for purposes of the LDC Section 10.02.13.F.
IT IS FURTHER RESOLVED, that the Utility Commitment will remain in effect and will
be tracked through the Collier County Commitment Tracking System.
IT IS FURTHER RESOLVED, that pursuant to LDC Section 10.02.13.F.5, the Board finds
that the Access Commitment and the Green Boulevard Commitment are no longer necessary, and the
Board approves the release of these two commitments.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same
this 1 day of Leper , 2017.
ATTEST. BOARD 1,F : TY COMMISSIONERS
DWIGHT E. BkOCK,.Clerk COLLIE' 0 PITY, FLORID•
r /By: 'r . �� D•G� By:
, I e .t. Clerk PENNY T•60(OR, CH•417 AN
Y
Approved as to form and legality:
A Ctu ofNC:\
6t /91
h eidi Ashton-Cicko
Managing Assistant County Attorney
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