Agenda 04/27/2010 Item #17B
Agenda Item No. 178
April 27, 2010
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve a resolution designating the Close-Out of three (3) adopted
Planned Unit Developments (PUDs) which have fully completed their developments
pursuant to their development orders constructed up to the authorized density and/or
intensity and have been found by county staff to have only one transportation commitment
remaining which will be tracked through the Commitment Tracking System. (CTS)
OBJECTIVE:
To have the Board of County Commissioners (Board) approve by resolution the Close-out of
three (3) Planned Unit Developments such that these PUDs will have all commitments, except
one transportation commitment, deemed completed in accordance with Section 10.02.13.F of the
Land Development Code (LDC) and be relieved of their Annual Monitoring responsibilities as
defmed by Sections, 1O.02.13.F and 1O.02,07.C.1.b 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 of County Commissioners shall
approve a PUD amendment which shall return the PUD to an active status 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; having met their commitments. The one remaining transportation
commitment will still be in effect and will be tracked through the Commitment Tracking System
(CTS).
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
staffs findings and approved through their signatures the PUD's compliance and built-out status.
Each of the PUDs listed below has an accompanying build-out and compliance summary as
provided in Table 1.
1. Bear Creek
2. East Naples Community Park
3. Waterglades
As stated in prior reports to the Board, staff had, in the past, the opportunity to apply the Land
Development Code (LDC), Section 10.02.07 .C.l.b to determine the status of development within
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Agenda Item No. 17B
April 27, 2010
Page 2 of 10
PUDs once the PUD reached a "built-out" of 90% of the authorized density (dwelling units) or
intensity (commercial square feet). Many of the PUDs listed in this petition have been reviewed
under this criterion and have memoranda documenting staffs administrative determination of
"Built-Out".
However, with the adoption in January 2007 of Ordinance 06-63, Section, 10.02.07.C.1.b the
LDC was revised to read that "built-out" occurred at 100%. This amendment eliminated staffs
ability to apply the 90% rule to PUD developments and thereby required the continual submittal
of annual traffic counts and PUD monitoring reports, detailing the PUD's progress until all
approved density and intensity was platted and/or constructed within each PUD. The intent of the
LDC amendment was to encourage the development owners to relinquish unused density, or
phantom units, and/or intensity of approved commercial square feet through a board petition
which would amend the PUD so that the PUD was not burdened by the annual reporting
demands.
Additionally, during PUD audit reviews administrative Built-Out determinations have been re-
evaluated by current staff. Commitments within these "Built-Out" PUDs have been reviewed and
encumbrances have been placed on the PUD owners for commitment compliance or proof of
compliance. The basis for these re-evaluations has been supported by the County Attorney.
After the final determination of Close-Out is rendered by the Board of County Commissioners
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 of County Commissioners 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, all three have been found to be fully developed
and compliant with their developer commitments except for the one remaining transportation
commitment.
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. PUDs selected by staff for this petition were administratively deemed Built-Out under the
governing sections of the Land Development Code effective at the time of their
documented build-out through the application of the then applicable 90% rule.
FISCAL IMPACT:
The PUD "Close-Out", by and of itself, will have no fiscal impact on Collier County with the
exception of staff hours allocated to the selection and preparing 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. Notification letters were also sent
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Agenda Item No. 178
April 27, 2010
Page 3 of 10
to advise the PUD' s controlling owners of staff s reported findings and of the County's intention
to bring these PUDs to the Board for a final Close-Out determination. These activities held a
nominal cost associated with the reproduction of reports and the issuance of notification through
the U.S. Mail.
GROWTH MANAGEMENT IM:PACT:
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, (STW)
RECOMMENDATION:
1. Staff recommends that the Board of County Commissioners approve the Close-Out ofthe
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 ofthe Commitment Tracking System Program:
Bear Creek, (Ordinance 92-20), with a recommendation to keep:
· The developer shall provide a fair share contribution toward the capital
cost of traffic signals at the project entrance, or at the median opening
immediately north of the project entrance
East Naples Community Park, (Ordinances 84-70, 98-04), with a
recommendation to keep:
· A westbound left turn storage lane shall be provided on Thomasson Drive
at the park entrance
Waterglades, (Ordinance 82-15), with a recommendation to keep:
· Fair share contribution toward the capital cost of a traffic signal
2. Staff recommends that the Board of County Commissioners waive the application fees
established for all of the PUDs listed above.
Prepared by: Laurie Beard, Planner, Community Development & Environmental Services
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Bear Creek PUD
Table 1
Agenda Item No. 17B
April 27, 2010
Page 4 of 10
Ordinance Authorized:
Recorded Build-Out:
120 Multi-Family Units
120 Multi-Family Units
Memorandum of Built-Out: Filed May 22, 1997 by Fred Reischl, Planner II, states that all of
the developer commitments have been fulfilled.
Approvals:
Engineering
Environmental
Public Utilities
Transportation
Human Services
Elections
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: William Lorenz
Granted by: William Lorenz
Granted by: Jim Delony
Granted by: Norm Feder
Granted by: Marla Ramsey
Granted by: Gary Beauchamp
Comments: Transportation has asked to keep the following commitment: The developer shall
provide a fair share contribution toward the capital cost of traffic signals at the project entrance,
or at the median opening immediately north of the project entrance, when deemed warranted by
the County. The signals shall be owned, operated and maintained by the County. This
commitment will be tracked through the CTS program.
East Naples Community Park PUD
Ordinance Authorized:
Recorded Build-Out:
41 acres Community Park
41 acres Community Park
Memorandum of Built-Out: None filed. A computer printout is in file with the logon name of
Boone_N indicating "Y" next to Built-Out. The PUD Master Spreadsheet identified the PUD as
built-out.
Approvals:
Engineering
Environmental
Transportation
Public Utilities
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: William Lorenz
Granted by: William Lorenz
Granted by: Norm Feder
Granted by: Phil Gramatges
Comments: Transportation has asked to keep the following commitment: A westbound left turn
storage lane shall be provided on Thomasson Drive at the park entrance. This commitment will
be tracked through the CTS program.
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Agenda Item No. 17B
April 27, 2010
Page 5 of 10
Waterl!lades PUD
Ordinance Authorized:
Recorded Build-Out:
235 Multi-Family Units
216 Multi-Family Units
Memorandum of Built-Out: None filed. A computer printout with comments from June 15,
1992 indicates that the PUD is built out. The PUD Master Spreadsheet identified the PUD as
built-out.
Approvals:
Transportation
Public Utilities
Administrative reviews and approval
Administrative reviews and approval
Granted by: Norm Feder
Granted by: Phil Gramatges
Comments: Transportation has asked to keep the following commitment: The developer or his
successor in title shall provide a fair share contribution toward the capital cost of a traffic signal
when deemed warranted by the Traffic Engineer. The signal will be owned, operated, and
maintained by Collier County. This commitment will be tracked through the CTS program.
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 178
April 27, 2010
Page 6 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
Recommendation to approve a resolution designating the Close-Out of three (3) adopted
Planned Unit Developments (PUDs) which have fully completed their developments pursuant
to their development orders constructed up to the authorized density and/or intensity and
have been found by county staff to have only one transportation commitment remaining
which will be tracked through the Commitment Tracking System. (CTS)
4/27/20109:00:00 AM
Prepared By
Lauren Beard
Transportation
Planner
Date
Transportation Planning
3/26/2010 1 :55:55 PM
Approved By
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
3/26/2010 2: 1 0 PM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator - Transportation
Date
Transportation Administration
3/29/20109:45 AM
Approved By
Gloria Herrera
Transportation Division
Management/Budget Analyst
Date
Transportation Administration
3/29/2010 1 :04 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
3/29/20101:30 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
3/30/2010 9:04 AM
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director - CDES Engineering Services
Date
Engineering & Environmental Services
4/5/20101:23 PM
Approved By
Marla Ramsey
Public Services Division
Administrator - Public Services
Date
Public Services Division
4/5/20102:17 PM
Approved By
Agenda Item No. 178
April 27, 2010
Page 7 of 10
James W. DeLony
Public Utilities Division Administrator
Date
Public Utilities Division
Public Utilities Division
418/20109:34 AM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
4/12/201010:16 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
4116/2010 4:48 PM
Agenda Item No. 178
April 27, 2010
Page 8 of 10
RESOLUTION NO. 2010 .
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CLOSING OUT THREE (3) APPROVED PLANNED UNIT
DEVELOPMENTS: BEAR CREEK, EAST NAPLES
COMMUNITY PARK AND WATERGLADES, WHICH
HAVE FULLY COMPLETED DEVELOPMENT
PURSUANT TO' THEIR DEVELOPMENT ORDERS
AND/OR HAVE BEEN FOUND BY COLLIER COUNTY TO
BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER
COMMITMENTS WITH EACH PUD HAVING ONLY ONE
REMAINING DEVELOPER COMMITMENT.
WHEREAS, the following Planned Unit Developments have all been "built-out"
pursuant to Section 10. 02.13.F.I of the Collier County Land Development Code or have been
found by County Staff and Division Administrators to be in full compliance with the
requirements of 10.02.13.F: Bear Creek, East Naples Community Park and Waterglades; and
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, each of the herein named Planned Unit Developments have complied with
all developer commitments except for one commitment in each PUD that shall remain active. In
Bear Creek, the developer shall provide a fair share contribution toward the capital cost of traffic
signals at the project entrance, or at the median opening immediately north of the project
entrance; in East Naples Community Park, a westbound left turn storage lane shall be provided
on Thomasson Drive at the park entrance; and in Waterglades, fair share contribution toward the
capital cost of a traffic signal. The sole remaining commitment for each PUD will be tracked
through Collier County's Commitment Tracking System (CTS).
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.: Bear Creek
(Ordinance 92-20); East Naples Community Park (Ordinances 84-70; 98-04); and Waterglades
(Ordinance 82-15).
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same
this day of ,2010.
10f2
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams (.,)
Assistant County Attorney ~ .~lf.I'
CP\l 0- TRP-00083\2
20f2
Agenda Item No. 178
April 27, 2010
Page 9 of 10
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Naples DaDy N~wS ~ Sunday, AP~_~~~!!~~_,:_~9~_
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Notice Is hereby \liven that on TUESDAY, April 27, 2010, in the Boardroom, 3rd
Floor, Administration Building, Collier County GovemmentCenter. 3301 East Ta-
miami Trail, Naples, Florida, t,he Board of County Commissionen will consider the'
enactment of a County Resolution. The meeting will commence at 9:00 A.M. The ti-
tle ~f the proposed Resolution is as follows:
RE50LUTlON OF 'THE BOARD OF, COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, CLOSING OUT THREE (3) APPROVED PLANNED UNIT DEVELOPMENTS:
BEAR CREEK, EAST NAPLES COMMUNITY PARK AND WATERGLADES. WHICH HAVE
FULLY COMPLETED DEVELOPMENT PURSUANT,TO 'THEIR DEVELOPMENT ORDERS
ANDIOR HAVE BEEN FOUND BY COLLIER COUNTY TO BE 'COMPLlANT WITH THEIR
SPECIFIC DEVELOPER COMMiTMENTS WiTH EACH PUD HAVING ONLYONERE.
MAINING DEVELOPER COMMITMENT.' " ,
A Resolution of the Board of County Commissionen of Coilier Coun!>', Florida, to
consider and designate the Close Out of three (3) approved Planned Unit Develop-'
ments (PUDs) as Closed Out. The selected group of PUDs has fully completed devel-
opment punuant to their development orders, cllnstructingto tfie authorized den-
sity and/or intensity and have been found by county staff to be compliant with
their specific developer commitments. The three PUDs are located in Collier CoUnty,
Florid!, and are listed ~ theira,pproved name with thei( !o~ons desalbed below:, '
BEAR CREEK: Located on the west side of Airport-Pulling 'R6ad approximately 1.2S
miles north of Pine RidOe Road, Section 2, Township 49 South, Ra.nge 2S .Elst,con--
sisting of B.57 aaes.; EAST ,NAPLES COMMUNITY, PARK:. Located ,eilstalldsouth of
Avalon Elementary School, $ection 24, Township 50 South, 'Range 25. East,consis-
ting of 41 acres.; WATERGLADEs: Located on the west side;af Vanderbilt Drive
soUth of Bay Forest, Section 8, Townsh,ip 48 South, Range 2S.East, consisting of
4O.B7 acres. .
. .
Copies of the proposed Resolution is on file with the Clerk to the Board and are
available for inspection. All i.nterested parties are invited to attend and be heard.
NOTE: All {lersons Wishing to speak on any agenda Item muSt register with the'
County administrator rrior to presentation of the agenda item to be addressed.
Individual speaken wil be limited to 5 minutes on any item. The selection of an in-
dividual to speale on behalf of an organization or group is encouraged. If recog-
nized by the Chairman. a spokespenon fora group or organization may be allotted
10 minute,S to speale 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 submi1:tf!d 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, a decision of the Board will need a record of the
proceedings pertaining. ther~,' and th~ore, may., .need to ensure ~hat a verbati,!,
record of the proceedings IS made, whICh record'lncludes thetestlmoryy and evi-
dence ~upon which the appeal Is based. - ,,'.' " , , " . ' ,
,',
If you are ~ penon with a disability who needs any accommodation, in order to par-
ticipate III {~!,is' proceeding. yoU ace efltltled, at no cost to YljlY, tOWle,proVisie-nof
certain aSSIStance. Please condct the 'Collier County FaCilities Management' Deflart-
ment, located at 3301 Tamiami Trpil East, Building W, Naples, Florida 34112,(239)
252-8380. 'Assisted listening devices for the hllaring'impalred are,available iri the
County Commissioners' .office .' " .' , ,I" i '
BOARD OF <;:OUNTY COMMISSIONERS'
COLLIER COUNTY, FLORiDA
FRED COYLE, CHAIRMAN '
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy aerie
CSEAU
Anril 11 201 n
Nnlfl47147
Agenda Item No. 178
April 27, 2010
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