Agenda 04/05/2004 W COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
WORKSHOP AGENDA
April 5, 2004
9:00 a.m.
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chair, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
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. 2003-53, AS AMENDED, 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 WHO DECIDES TO APPEAL A DECISION OF THIS 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 TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
1
April 5, 2004
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. Development Timeline Rights of PUDs
3. Adjourn
2
April 5, 2004
NOTICE OF
BOARD OF COUNTY COMMISSIONERS WORKSHOP
COLLIER COUNTY, FLORIDA
MONDAY, APRIL 5, 2004
9:00 A.M. - 12:00 Noon
Notice is hereby given that the Collier County Board of County Commissioners will hold a
Workshop on MONDAY, APRIL 5, 2004 at 9:00 A.M., in the Board of County Commissioners
Boardroom at the Collier County Government Complex, W. Harmon Turner Building, 3r~ Floor,
3301 East Tamiami Trail, Naples, Florida. The Workshop will include, but may not be limited to,
the following:
Development Timeline Rights of PUDs
The meeting is open to the public.
Copies of the agenda for said meeting will be made available to the press and may be obtained at
the Public Information Office, located on the First Floor of the W. Harmon Turner Building.
All interested parties are invited to attend, to register to speak and to submit their objections, if
any, in writing, to the Board prior to the special meeting. All registered public speakers will be
limited to five (5) minutes unless permission for additional time is granted by the Chairman.
Any person who decides to appeal a 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 to be based.
Collier County Ordinance No. 2003-53 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.
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.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Donna Fiala, Chairman
Page 1 of 4
AGENDA ITEM
APR O 5 200,
EXECUTIVE SUMMARY
PRESENTATION OF THE FINDINGS OF THE RESEARCH RELATED TO COLLIER
COUNTY'S 334 RECORDED PUDS, INCLUDING IMPLEMENTING ORDINANCES AND
SUBSEQUENT AMENDMENTS, AND TO COMPILE THE DOCUMENTED
COMMITMENTS TO COLLIER COUNTY STATED IN ITS ADOPTED ORDINANCES
AS WELL AS TO ASSESS THE STATUS OF SEVENTY-SIX (76) INSPECTED PUDS FOR
THEIR COMMITMENTS RECORDED WITHIN THEIR ORDINANCES SPECIFIC TO:
TRANSPORTATION, WATER MANAGEMENT, UTILITIES, ENVIRONMENTAL,
LANDSCAPE, HISTORICAL /ARCHAEOLOGICAL, STREET LIGHTS, EMS, PUBLIC
PARKS, SCHOOL SITES AND POLLING PLACES; AND TO PUT FORTH
RECOMMENDATIONS FOR THE ADMINISTRATION OF FUTURE PUD
MONITORING; AND TO ESTABLISH GUIDELINES TO BE UTILIZED BY HOME
OWNERS ASSOCIATIONS.
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 seventy-six (76) selected PUDs inspected by
Community Development and Environmental Services Division and Transportation Division; and to
provide recommendations for future monitoring practices and administration.
CONSIDERATIONS:
Staff was cha,r~ge~ with the responsibility of obtaining the enacting ordinances and amendments
thereto of all 3.~4 'existing County PUDs recorded to date. These ordinances were then reviewed for
their 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,
which typically appear in the recorded ordinances under the following categories:
TRANSPORTATION, WATER MANAGEMENT, UTILITIES, ENViRONMENTAL,
LANDSCAPE, HISTORICAL/ARCHAEOLOGICAL, STREET LIGHTS, EMS, PUBLIC PARKS,
SCHOOL SITES AND POLLING PLACES and OTHER INFRASTRUCTURE.
Report materials necessary to fully evaluate compliance were distributed to representatives from the
established inspecting departments. This support documentation included: the listed PUDs for inspection,
the master PUD list with commitments summarized, an inspection report form, summaries of the
commitments for each of the specific PUDs reviewed, 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.
Staff further reassessed the compliance findings made at the completion of two groups of inspections
and recognized that specific findings relating to the maintenance of environmentally significant areas
such as preserves and littoral zones, and the findings relating to arterial level of lighting. These two
concerns should not be used as a factor in identifying the level of compliance but should be held separate
as a notation to the developer. The maintenance of established environmental areas and maintaining the
project site free of exotics are not development commitments delineated in the PUD Ordinance but are
maintenance requirements regulated by the Land Development Code and staff recognizes them in our
current report as such. Also, Staff has decided to withhold any comments relating to the appropiate level
of arterial lighting until such time as a County standard is developed and recognized throul
AGENOA ITEM
No.
Page 1 of 4 APR 0 5 2004
as the Collier County Arterial Level Lighting Standard. Reconsideration of these two issues changed
Staff's past evaluations towards compliance status of the past fifty-one (51) PUDs reviewed. This
reassessment by Staff brought eight (8) prior inspected PUDs into compliance. The complete findings
are as follows:
Findings from the combined seventy-six (76) PUDs inspected record: 23 are in compliance; 20 are in
substantial compliance requiring minor work; 27 could be brought into compliance but would require a
more substantial amount of work and 6 are out of compliance.
Staff further advanced improvements in the monitoring process and in the distributing information
pertinent to upholding PUD commitments through the following:
The Annual PUD Monitoring Reports, required by Section 2.7.3.6 of the LDC, direct the
developer/owner or authorized agent of the PUD to complete a form documenting the status of
construction inclusive of commitments, and now requires that an affidavit accompany that
Monitoring Report. Section 2.7.3.6. states that the monitoring report shall provide, "[an] affidavit
form drafted and supplied by Collier County to be executed by owner (s) of the PUD." These
affidavit forms have been prepared and approved by the legal department and are available on the
County's Web site.
Staff organized a Home Owners Association (HOA) President's Day at Collier County, which
was held on March 30, 2004. The invitation extended to all recorded Presidents of Home Owners
Associations and to those maintenance companies which were recorded as responsible entities
representing the interest of the HOA. The program for the event included speakers from the
following Departments; Wastewater, Water, Utilities, Engineering, Emergency Management,
Transportation and Environmental Services. (The Program Agenda is attached and the
presentation programs are available for review on the County's I Drive, Board Room
presentation file, HOA file.)
The purpose of developing the program was to establish contact which the HOA Presidents and
to take proactive steps in relaying County growth news and information to them. This proactive
effort also established points of contacts within the County's various departments where the
HOAs could make future inquires. Each presenter committed to offer technical support and
guidance prior to the "turn over" process of the PUDs.
ADDITIONAL CONSIDERATIONS:
Additional concerns have been raised by individual Board members regarding completed projects that
have not maximimzed their approved development rights. Issues have been raised with respect to
projects that have, for example, "built out" at 700 dwelling units, when they have been authorized for a
maximum of 1,000. The concerns are related to both the reservation of infrastructure capacity and the
expectations of property owners within a PUD concerning unanticipated development after a project
appears to be built out. Staff seeks direction from the Board as to various options to address these
concerns and will be prepared to have a preliminary discussion about them in concert with the County
Attorney's office at the workshop. Staff recommends that consideration be given and discussion held
regarding the following potential solutions:
Additional regulations added to all future PUDs to require adherence to a development time
schedule.
AGENDA ITEM
No.
Page 2 of 4 APR 0 5 200/t
2. Potential downzoning of developments that have not maximized their allowable density, yet have
"built out."
3. Requirements for public hearings for Site Development Plans for projects that have had minimal
development activity for a specified period of time.
4. Eliminate the PUD zoning district. Substitute Master Plan approval via the BCC for future PUD
development.
5. Potential for forfeiture of excess development rights if not used at the time of buildout or
turnover.
FISCAL IMPACT:
The complexity of 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, an "on call" cross-functional team is needed for each review cycle. The
current year's budget assigns a partial contribution of .6 FTE to one full-time employee to supervise
and manage the program. The remaining funding for this team continues to be absorbed by Fund
131, Development Services Fees.
ZONING AND LAND DEVF~I,OPMENT REVIEW STAFF RECOMMENDATION:
Staff recommends to further improve PUD monitoring and its administration through the following
outlined items:
Futher develop a central processing and recording office to ensure that all and any development
agreements, ordinances, and subsequent approvals, inclusive of any waivers or deviations from
the adopting ordinance that have been agreed upon, be recorded and held available for Staff and
public use.
a. Develop the processing procedures for monetary commitments and their recordation.
b. Develop forms and standards to fully implement the requirements of the Land
Development Code as they relate to transportation concurrency issues and arterial level
lighting requirements.
c. Develop a process to trace and validate long term commitment compliance agreements
between the developer and the County's reviewing departments.
i. Establish time frames to correct any deviations that may occur during the
implementation of these actions.
d. Place the PUD development file in a context that can be applied to a GIS database that
could then be referenced by developers and planners.
e. Establish a County service for Home Owner Associations that would provide them with
guidelines for their utilization prior to the turnover of common properties.
o
Future reports of the PUD Audit be prepared and presented as quarterly reports to the Board of
County Commissioners, County Manager, and the Administrator of the Community Development
and Environmental Services Division.
In regard to the "built out" issues, direct staff to amnd the LDC to require that future PUDs
adhere to a specific development time schedule and provide direction to staff regarding existing
PUDs that have failed to maximize their allowable density and/or intensity.
Page 3 of 4
AGENDA ITElvt
No.
APR 0 5 200q
PREPARED BY:
MCARYd~NN DEVANXS, SENIOR PLANNER
DEPARTMENT OF ZONING &
LAND DEVELOPMENT REVIEW
DATE
REVIEWED l~Y:
§US~/N ~MI~Y, AIC~, DIRECTOR
DEPARTMENT OF ZONING &
LAND DEVELOPMENT REVIEW
APPROVED BY
j(~ , . v TRATOR
~OMMUNITY DEVELOPMENT & ENVIRONMENTAL
~ERVICES DIVISION
DATE"
G:\Current\TEMPLATESkExSum template drag.doc
Page 4 of 4
AGENDa'
NO.
APR 0 5 , ,
p~. /~7//
Agenda
HOA Presidents Meeting with Collier County
March 30, 2004
Board Room
8:30 AM - 12:30 PM
8:30-8:45
8:45-9:15
9:15-10:00
10:00-10:15
Introduction
Overview of PUD's
Water & Recycling
Lift Station Landscaping
Irrigation / Water Source
Trash Collection
Engineering - Stormwater
Lea Ochs, Jr., Deputy County Manager
Joseph Schmitt, Administrator CDES
Joe Cheatham, Wastewater Dept. Director
Paul Mattausch, Water Dept. Director
John Yonkosky, Director, Utility Billing &
Customer Service
Stan Chrzanowski, Senior Engineer
Break ( 10:15- 10:30 )
10:30-11:00
11:00-11:30
11'30-11:40
11:40-12:10
12:10-12:30
Emergency Management interface
Dan Summers, Director, Emergency
Management
Association Vigilance
Environmental Issues
Edward Kant, Director, Transportation
Operations/Development Review/ROW
Permitting and Inspection
Steve Lenberger, Environmental Specialist
Code Enforcement
Q & A and Closing Remarks
Summer Brown, Environmenta__l Specialist
AGENOA ITEM
Zoning and Land Development Review
APR 0 5 2004
R "aS B
PLANNED
UNIT
DEVELOPMENTS,
COMMERCIAL
AND .... :~
INDUSTRIAL ZONING',
STAFF WORK MAP
W~.STERN COLLIER COUNTY
L. EGEND
PLANNED UNIT DEVELOPMEN1
PUB COMMERCIAl
PUD INDUSTRIAL
PUD SELECTED FOR
COMMITMENT INSPECfION
INDUSTRIAL
COMMERCIAL
GOLDEN GATE ESTATES
GOLDEN GATE CITY
[] INCORPORATED
SCALE ~ · = 4000'
PUDs selected for Commitment Inspection
1. 300 Acre Goodlette Road
2. Boyne South
3. Cocohatchee Bay
4. Collier Blvd. Commercial Center
5. Collier DRI
6. Crystal Lake
7. Cypress Glen
8. Golden Gate Commerce Park
9. Heritage Bay
10. Lely Barefoot Beach
11. Magnolia Pond
12. Moorings Park Estates
13. Naples Botanical Gardens
14. Naples Gateway
15. Naples Reserve C.C.
16. Parklands
17. San Marino
18. Tuscany Reserve / Ronto Livingston
19. Vanderbilt C.C.
20. Walnut Lakes
21. West Crown Point
22. Whippoorwill Woods
23. Wilshire Lakes
24. Windstar
25. Wyndemere
BUILT OUT
BUILT OUT
BUILT OUT
BUIT OUT
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Community Development & Environmental Services Division
Department of Zoning and Land Development Review
BUILT OUT PUD's
The following PUD files contain a built-out memo:
APRIL CIRCLE (WINDSONG Apts.) 1
ARBOR TRACE 2
ARETE/NAPLES NATION GOLF & COUNTRY CLUB 3
ASHLEYS GAS STATION 4
BEAR CREEK 5
BRIGHTON GARDENS 6
CAY LAGOON 7
CHESHIRE ARMS APTS. 8
CITRUS GARDENS (LAKESIDE) 9
10
COLLEGE PARK
COURTHOUSE SHADOWS 11
COVENTRY SQUARE (DAYS INN) 12
CRESCENT LAKES 13
CRICKET LAKE 14
CROWN POINTE 15
CRYSTAL LAKE RESORT 16
CYPRESS GREEN APTS. 17
DAVID A. GALLMAN (HERON PARK APARTMENTS) 18
DEVOE PONTIAC 19
EAST NAPLES COMMUNITY PARK 20
EAST TOLL PLAZA 21
EMERALD LAKES 22
FALLS OF NAPLES (PINE RIDGE CROSSINGS) 23
FALLS (THE) OF NAPLES 24
FORD TEST CENTER 25
FOREST LAKES HOMES 26
27
FOXFIRE 28
FP&L
GARDEN LAKE APARTMENTS 29
GOLDEN GATE VILLAS 30
GREEN BOULEVARD 31
HUNTINTON (PROJECT NAME: HUNTINGTON LAKES) 32
HUNTINGTON WOODS (AMERICAN LUTHERAN CHURCH 33
IMPERIAL WEST 34
ISLAND WALK 3.8.04 35
KELLER ENTRY (WILD PINES) 36
KEYSTONE PLACE 37
KING'S LAKE 38
LAGO VERDE A.K.A. QUEENS PARK 39
LAKE AVALON A.K.A. SUGDEN REGIONAL PARK 40
LELY BAREFOOT BEACH CONDOMINIUM 41
LEI,Y COUNTRY CLUB 42
LELY PALMS OF NAPLES 43
I,ELY SQUARE 44
LITTLE HICKORY BAY 45
LOCH RIDGE (KINGSWOOD GARDEN) 46
MAPLEWOOD 47
MARKER LAKE VILLAS 48
MEADOW BROOK ESTATES 49
MONTEREY 50
MOORING PARK ESTATES (NORTHGATE VILLAGE) 51
NAPLES BATH & TENNIS CLUB 52
NAPLES HERITAGE 53
NAPLES JAYCEES CLUBHOUSE 54
NAPLES NATIONAL GOLF CLUB 55
NORTHSHORE LAKE VILLAS 56
OSPREY'S LANDING 57
PARKWAY PROMENADE 58
PARK SHORE 59
PAVILION LAKE (PAVILION CLUB) 60
PAVILION SHOPPING CENTER 61
PELICAN LAKE (SOUTHWOODS) 62
PINE RIDGE MEDICAL OFFICE CENTER 63
PINEBROOK LAKE (PINEBROOK LAKE APARTMENTS) 64
PIPER BOULEVARD MEDICAL 65
PLANTATION 66
PLAZA 21 67
PRICE 68
PRINCESS PARK (KING RICHARD'S) 69
QUAIL lI (QUAIIJ CREEK VILLAGE) 70
REGENCY AUTOHAUS 71
REGENT PARK 72
RELATED GROUP 73
RETREAT AT NAPLES 74
75
RIVER RF, ACH
RIVERBEND (SOLD TO STATE OF FLORIDA) 76
RIVIERA GOLF ESTATES 77
ROYAL WOOD GOLD & COUNTRY CLUB 78
79
SABAL LAKES 80
SANDERS PINES 81
SAXON MANOR 82
SLEEPY HOI,1,OW 83
SOUTHHAMPTON 84
SOUTHPOINTE YACHT CLUB 85
SPRINGWOOD
ST. JOHN EVANGELISTIC CATHOLIC CHURCH 86
ST. PETER'S CATHOLIC CHURCH 87
SUMMER GLEN APARTMENTS 88
SUMMERWIND (WOODSIDE APARTMENTS) 89
9O
SUMMERWOOD (TIMBERLAKE) 91
TIMBERWOOD (OXFORD VILLAGE)
92
TOLL PLAZA RV PARK (NAPLES RV RESORT)
93
TREE TOPS 94
US 41/WIGGINS PASS
VANDERBILT VILLAS 95
VANDERBILT COUNTRY CLUB 96
97
VICTORIA FALLS (PATTISON) 98
VILLAGE PLACE 99
WATERGLADES 100
WEST CROWN POINTE 101
WHISTLER'S COVE 102
WHITTENBURG (VICTORIA LANDING)
103
WIGGINS BAY 104
WIGGINS LAKE 105
WILDERNESS 106
WILLOUGHBY GARDENS 107
WINDSONG 108
WINTER PARK
WINTER PARK NORTH 109
WOODSIDE LANES 110
WYNDEMERE 111
Updated/JW/3.29.04
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
CURRENT PLANNING SECTION
TO:
Mary Ann Devanas, PUD Commitment Coordinator
FROM:
DATE:
Joyce Ernst, Current Planning
March 29, 2004
IPUD SUNSETTED PROJECTS UPDAT4
The following PUD zoned projects have sunsetted:
PROJECT NAME ORDINANCE NUMBER
*clesen PUD 98-10
*Crestwood 90-7
Garden Walk Village 96-04
Miceli 84-71 & 92-62
***Myrtle Woods 81-23
Orange Blossom Gardens 92-75
Parkway Place 95-14
Stiles 97-74
Sunshine Village 93-92
VFW 75-29
Waterford Estates 91-31
LOCATION
7-49-26
30-48-26
11-47-29
29-50-26
29-50-26
1-49-25
28-49-26
30-48-26
2-49-25
6-29-26
9,15-50-26
This PUD has been added to the list on June 6, 2003
Youth Haven 89-12
17-50-26
Additional PUD's per Memo sent Sept. 17, 2003
Parkway Center 95-10
Cocohatchee River Trust 88-30
Krehling Industries 82-120
Sungate Center 95-42
28-49-26 date 1128103
21-48-25 date 7~25~03
15-48-25 date 7~25~03
15-49-25 date 6120103
NOTES: * Amendments are pending, but no development approvals can be granted until the
amendments are approved.
*** A petition to rezone to C-5 is pending via AR-3980
Highlighted items reflects projects added since the 4/15/03 update
STAFF SHOULD NOT ACCEPT ANY PETITION THAT WOULD RESULT IN DEVELOPMENT APPROVALS FOR A
SUNSETTED PUD. PRIOR TO PRE-APPLICATION MEETINGS OR RELEASING GENERAL INFORMATION
REGARDING AN OLDER PUD, STAFF SHOULD VERIFY THE STATUS OF PUD ZONED PROJECTS TO ENSURE
THAT THE PUD ZONING HAS NOT SUNSETTED.
F:\MEMORANDUM to advise of sunsetted PUDS