Agenda 04/09/2013 Item #17B 4/9/2013 17.B.
EXECUTIVE SUMMARY
Recommendation to approve a resolution designating the Close-Out of three (3) adopted Planned
Unit Developments (PUDs) which have fully completed all or portions of their development and
have constructed up to the authorized density and/or intensity,and have been found by county staff
to have only one relevant transportation commitment remaining.
OBJECTIVE: To have the Board of County Commissioners (Board) approve by resolution the
Close-out of three Planned Unit Developments such that these PUDs will have all commitments,
except one transportation commitment, deemed completed or no longer necessary and waived in
accordance with Section 10.02.13.F.5 of the Land Development Code (LDC) and be relieved of
their Annual Monitoring responsibilities as defined by Section 10.02.13.F of the LDC.
CONSIDERATIONS: Closed-Out PUD(s) shall remain in that status whereby no further
development orders shall be issued relative to applications for the authorization of additional
residential density and/or commercial intensity within the subject PUD. In order to grant future
development rights for density and/or intensity within a Closed-Out PUD the Board shall
approve a PUD amendment which shall return the PUD to an active status for monitoring
purposes and require the PUD to be compliant with the reporting responsibilities of the Land
Development Code Section 10.02.13.F.
Staff seeks the approval of the Close-Out resolution of the listed PUDs so that these PUDs are
designated, without uncertainty, as "complete," "built-out" and/or "closed-out" and once
approved will be certified as either: having met their commitments or having commitments
deemed to be no longer necessary 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).
Wiggins Bay PUD is included in the attached Resolution but will not be considered fully built
out as there remains a portion of the PUD which is not fully built out, yet other portions of the
PUD are fully built out and would otherwise be denied the opportunity to be considered "built
out." Frequently, these situations concern the residential portion of the PUD being fully built
out, yet the developer has not utilized all of the square footage permitted for commercial
development and is unwilling to forego the unused square footage. However, it should be noted
that the reporting requirement is perfunctory and provides no significant benefit to the owner and
the County.
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." Some of the commitments considered no longer necessary are such because of
the following circumstance: due to the passage of time we are no longer able to request internal
sidewalks be installed (Wiggins Bay PUD). For the PUDs listed below, procedures were
established 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.
Packet Page -1503-
4/9/2013 17.B.
Each of the PUDs listed below has an accompanying build-out and compliance summary as
provided in Table 1.
1. Sterling Oaks
2. Wiggins Bay
3. Wildwood Estates
After the final determination of Close-Out is rendered by the Board these Closed-Out PUDs will
be eliminated from any further demands for commitment contributions or assessment of
commitment compliance by staff except for the one transportation commitment in each PUD that
will be tracked through CTS and the PUDs will remain Closed-Out until subsequent action is
approved by the Board as an amendment specific to each PUD. The PUD amendment will then
return the PUD to an active status for monitoring.
Of the three PUDs recommended for Close-Out, one has been found to be fully developed and
compliant with their developer commitments and two have commitments deemed not necessary
or unwarranted, which if the Board agrees with staff's findings may be waived in accordance
with Section 10.02.13.F.5. All three PUD's have one remaining transportation commitment.
Except for the Sterling Oaks PUD which applied for the Close-out process, staff requests that the
Board waive the application fees established for the reviews and the processing of these selected
PUDs for the following reasons:
1. The initiated process for closing out PUDs was at the Board's direction.
2. Special circumstances and age of the remaining PUDs include them for a fee waiver.
FISCAL IMPACT: The PUD "Close-Out," by and of itself, will have no fiscal impact on
Collier County with the exception of staff hours, paperwork and mailing costs allocated to the
selection and preparing of the PUD documents for verification reviews and for the presentation
to the Board.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This Executive Summary has been reviewed for legal
sufficiency and is legally sufficient for Board action. A majority vote is required for approval.-
ERP
RECOMMENDATION: Staff recommends that the Board approve:
1. The Resolution and authorize the Chairwoman to sign the Resolution for Close-Out of
the following PUDs which have been verified as in full compliance with the exception of
one outstanding commitment and recommends that the one commitment be kept and
tracked through the use of the Commitment Tracking System Program:
Packet Page -1504-
4/9/2013 17.B.
Sterling Oaks, (Ordinances 81-80, 92-79, 93-06, 98-27), with a
recommendation to keep:
• Fair share contribution toward the capital cost of a traffic signal at any
project entrance and any costs associated with the intersection
improvement.
Wiggins Bay, (Ordinance 82-121),with a recommendation to keep:
• The 3.47 acres of commercial use for future construction.
• Fair share contribution towards the capital cost of traffic signals at points
of access to the project.
• Commitments to be waived: Installation of sidewalks internal to the
project and turn lanes into the commercial parcel. (Turn lanes are
reviewed and required as part of the Right-of-Way Ordinance.)
Wildwood Estates, (Ordinance 81-27),with a recommendation to keep:
• Fair share contribution of a traffic signal at the project's entrance.
2. Staff recommends that the Board waive the application fees established for all of the
PUDs listed above, except for the Sterling Oaks PUD.
Prepared By: Laurie Beard, PUD Monitoring Coordinator, Growth Management Division,
Planning&Regulation, Engineering Services
Attachments: Table 1, Resolution
13-CHID-00095/6
Packet Page-1505-
4/9/2013 17.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.B.
Item Summary: Recommendation to approve a resolution designating the Close-Out of
three (3) adopted Planned Unit Developments (PUDs) which have fully completed all or
portions of their development and have constructed up to the authorized density and/or
intensity, and have been found by county staff to have only one relevant transportation
commitment remaining.
Meeting Date: 4/9/2013
Prepared By
Name: BeardLaurie
Title:Planner,Transportation Planning
3/6/2013 8:43:07 AM
Approved By
Name: JarviReed
Title:Transportation Planning Manager, GMD
Date: 3/6/2013 10:50:56 AM
Name: McKennaJack
Title:Manager-Engineering Review Services,Engineering&Environmental Services
Date: 3/7/2013 3:56:27 PM
Name: LorenzWilliam
Title:Director-CDES Engineering Services,Comprehensive
Date: 3/9/2013 10:00:18 AM
Name: ChmelikTom
Title: Director,Public Utilities Engineering
Date: 3/15/2013 2:41:38 PM
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 3/15/2013 4:16:27 PM
Name: MarcellaJeanne
Packet Page-1506-
4/9/2013 17.B.
Title:Executive Secretary,Transportation Planning ookk
Date: 3/20/2013 4:36:49 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 3/21/2013 4:15:04 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/27/2013 12:29:46 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/28/2013 2:08:25 PM
Name: OchsLeo
Title: County Manager
Date: 3/30/2013 5:28:25 PM
Packet Page -1507-
4/9/2013 17.B.
Table 1
Sterling Oaks PUD
Ordinance Authorized: 738 Dwelling Units and Industrial Uses
Recorded Build-Out: 736 Dwelling Units and Zero Industrial Uses
Memorandum of Built-Out: None filed. The PUD has requested to go through the built out process.
Approvals:
Engineering Administrative reviews and approval Granted by: William Lorenz
Environmental Administrative reviews and approval Granted by: William Lorenz
Planning Administrative reviews and approval Granted by: William Lorenz
Elections Administrative reviews and approval Granted by: Jennifer Edwards
Transportation Administrative reviews and approval Granted by: Norm Feder
Public Utilities Administrative reviews and approval Granted by: Tom Chmelik
Comments: Remaining entitlement: Two dwelling units and the industrial uses. Transportation has asked to
keep the following commitment: The developer shall provide a fair share contribution toward the capital cost of
traffic signals at any project entrance. In addition, any costs associated with signing, striping, strain pole
replacement (including additional right-of-way from the developer), adjustment to existing turn lane, and
similar expenses are all considered part of the fair share contribution.
Wiggins Bay PUD
Ordinance Authorized: 693 Multi-Family Dwelling Units & 3.47 Acres of Commercial Use
Recorded Build-Out: 587 Multi-Family Dwelling Units & keeping the 3.47 Acres of Commercial Use
Memorandum of Built-Out: None filed. The residential section of the PUD has been identified as built-out.
Approvals:
Environmental Administrative reviews and approval Granted by: William Lorenz
Transportation Administrative reviews and approval Granted by:Norm Feder
Public Utilities Administrative reviews and approval Granted by: Tom Chmelik
Comments: Remaining entitlement: One hundred and six (106) dwelling units. The commercial portion of the
PUD will be allowed to keep the remaining 3.47 acres of commercial use for future construction. Transportation
has asked to keep the following commitment: The developer or his successor in title shall provide fair share
contributions toward the capital cost of traffic signals at points of access to the project when deemed warranted
by the County Engineer. The commitment for turn lanes at the commercial entrance has been waived by
transportation. If and when the commercial parcel applies for their site development plan, the need for turn
lanes will be determined at that time. This is a part of the site development plan review.
Wildwood Estates PUD
Ordinance Authorized: 710 Dwelling Units & 3 Acres of Commercial Use
Recorded Build-Out: 652 Dwelling Units & 3 Acres of Commercial Use
Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as built-out.
Packet Page-1508-
4/9/2013 17.B.
Approvals:
Engineering Administrative reviews and approval Granted by: William Lorenz
Fire Code Administrative reviews and approval Did not respond.
Transportation Administrative reviews and approval Granted by:Norm Feder
Public Utilities Administrative reviews and approval Granted by: Tom Chmelik
Comments: Remaining entitlement: Fifty-eight (58) dwelling units. Transportation has asked to keep the
following commitment: Subject to FDOT approval, the developer shall pay his appropriate share as determined
by the County Engineer for cost of the installation of a traffic signal on Davis Boulevard when deemed
warranted by the County Engineer. The commitment for internal sidewalks is being waived by engineering. A
site inspection showed approximately 85% of the sidewalks were installed. We are unable to request the
sidewalks be added due to the age of the completed development.
Packet Page-1509-
, 4/9/2013 17.B.
RESOLUTION NO. 2013-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
CLOSING THREE (3) APPROVED PLANNED UNIT
DEVELOPMENTS: STERLING OAKS, WIGGINS BAY, AND
WILDWOOD ESTATES, WHICH HAVE FULLY
COMPLETED ALL OR AN INDEPENDENT PORTION OF
DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT
ORDERS AND/OR HAVE 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 herein named Planned Unit
Developments and Collier County to close out the Planned Unit Developments so that annual
reporting obligations on behalf of the Planned Unit Developments and review of those reports
by the County will become unnecessary upon approval of this Resolution; and
WHEREAS, the two of the three Planned Unit Developments have explicitly
complied with each and every developer commitment except for one remaining transportation
commitment each- a fair share contribution toward the cost of a traffic signal(s). The Planned
Unit Developments have been reviewed by the County for compliance with their original
commitments and, after initial review, potential incomplete commitments have been found by
County staff to be no longer necessary; and
WHEREAS, the Wiggins Bay PUD is built out except as to the commercial portion of
the PUD; and
WHEREAS, 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.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: the following Planned
Unit Developments within Collier County are found to be "built-out" and therefore are
deemed "closed out" for purposes of the Land Development Code, Section 10.02.13.F:
Sterling Oaks (Ords. 81-80, 92-79, 93-06, 98-27), Wiggins Bay(Ord. 82-121), and Wildwood
Estates (Ord. 81-27).
IT IS FURTHER RESOLVED, that the commercial portion of the Wiggins Bay
PUD be kept for purposed of tracking commitments pursuant to Section 10.02.13.F.
1 of 2
Packet Page -1510-
4/9/2013 17.B.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
same this day of ,2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: B Y•
,Deputy Clerk GEORGIA A. HILLER, ESQ., Chairwoman
Approved as to form
and legal sufficiency:
Emily R. P!sin
Assistant County Attorney
2 of 2
Packet Page-1511-
4/9/2013 17.B.
32D)) Wednesday, March 20,2013 )) NAPLES
DAILY NEWS
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF HEARING TO CONSIDER RESOLUTION
Notice is hereby given that a public hearing will be held by the Collier County
Board of County Commissioners at 9:00 A.M.Tuesday,April 9,.2013 in the Board of
County Commissioners Chambers, 3rd Floor, County Government Center, 3299 East
Tamiami Trail,Naples,Florida,to consider:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, CLOSING THREE (3) APPROVED PLANNED UNIT DEVELOPMENTS:
STERLING OAKS, WIGGINS BAY, AND WILDWOOD ESTATES, WHICH HAVE FULLY
COMPLETED ALL OR AN INDEPENDENT PORTION OF DEVELOPMENT PURSUANT TO '
THEIR DEVELOPMENT ORDERS AND/OR HAVE BEEN FOUND BY COLLIER COUNTY
TO HAVE 'ONLY ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL
BE TRACKED THROUGH THE COMMITMENT TRACKING SYSTEM.
The three PUDs are located in Collier County,-Florida and are listed by their
approved name with their locations described below:
•
STERLING OAKS: Located immediately to the south of.the Lee County line between
US-41 and Old US-41, Sections 9 and 10, Township 48 South, Range 25 East,
consisting of 248 acres.
WIGGINS BAY: Located on the SE corner at Wiggin's Pass Road and Vanderbilt
Drive,Section 16,Township 48 South,Range 25 East,consisting of 148 acres. •
WILDWOOD ESTATES: Located on the north side of Davis Blvd east of Santa Barbara •
Blvd,Section 4,Township 50 South,Range 26 East,consisting of 60 acres.
•
All interested parties are invited to appear and be heard. A copy of the proposed
Resolution is on file and available for inspection at the Collier County Clerk's Office;
4th floor, Administration Building, Collier County Government Center; East Naples,
Florida; and the Land Development Services Department, Comprehensive Planning
Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 a.m.
and 5:00 p.m., Monday through Friday. Any questions pertaining to these
documents should be directed to the Land Development Services Department.
(239-252-2387).
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator 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 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.
-If a person decides to appeal any decision made by the Collier County Board of
County Commissioners with respect to any matter considered at such meeting or
hearing, he will need a record of that proceeding, and for such purpose he 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.
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 3335.Tamiami Trail East, Suite#101, Naples, FL 34112-5356,
(239) 252-8380, 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
GEORGIA A.HILLER,ESQ.,CHAIRWOMAN •
DWIGHT E.BROCK,CLERK
By:Teresa Cannon,Deputy Cierk(SEAL)
Marrh20.2013 No.1982151
••
•
Packet Page -1512-