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Agenda 12/14/2010 Item #17B Agenda Item No. 17B December 14, 2010 Page 1 of 15 EXECUTIVE SUMMAUV Recommendation to approve a resolution of the Board of County Commissioner's of Collier County, Florida, designating the Close-Out often (10) adopted Planned Unit Developments (PUDs) which have fully completed development pursuant to their development orders constructing up to the authorizcd density and/or intensity and have been found by county staff to be compliant with their specific developer commitments. OBJECTIVE: To have the Board of County Commissioners (Bom'd) approve by resolution the Close-out often (10) Planned Unit Developments such that thcsc PUDs will have commitments deemed no longer necessary, \-vaived in accordance vvith Section lO.02.13.F.5 of the Land Dcvcloplncnt Code (LDC) and he relicvcd of thcir Annual Monitoring responsibilities as defined by Sections, I 0.02.l3.F and 1 0.02.07.C.l.b of thc 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 conunercial intensity within the subject PUD. In order to grant future development rights for density and/or intensity within a Closed-Out PU D the Board of County Commissioners shall approve a PUD amendment which shall return thc I'UD to an active status and require the PUD to be cOlnpliant with the rcportlng re~ponsibijit!cs of the L~!!1d Developmt~nt Code Section j 0.02.13.F. All PUDs with rcmaining dcnsity and/or intensity have agreed to relinquish their remaining density/intensity. Staff seeks the approval 0 f the Closc-Out rcsolution of the listed PUDs so that thcse PUDs are designated, without uncertainty, as "completc," "built-out" and/or "closed-out" and once approved will be certilicd as: having met thcir commitments, having mct their commitments with maintenance issues to rcsolvc or having unwarranted cOlllmitmcnts to be waived by the Board due to the circumstanccs presented. .- LDC Section I 0.cl2.13.F.5 stipulatcs that: "A rclease of a I'UD commitment detennined to be no longer necessary shall be brought as an agcnda itcm to thc Board or County Commissioners lor their approval." SOllie of thc commitmcnts considercd no longcr nccessary arc such because of the I{lllowing cirellmstanccs: I) a futurc traffic signal will not be installed, therdurc the need f{)r a fair share payment is no longer necessary (Eboli PUD, Parkway Promenade PUD), 2) due to the passage of time, no supporting documentation could be !{lllnd to eonlinn a fair share payment/bond was made (Cypress Green Apartments PLIO, East Toll Plaza PUD, Golden Gate Villas PUD, Heron lake PlID) or 3) no doclllllented excmptiuns were f(lUnd to support the release of a sidewalk commitment (Cypress (;rcen Apartments I'll D) or 4) unable to detem1ine if arterial entrance lighting was installed due to widening ur the roadway (Southwest Professional Health Park PUDlo For the PUDs listed below, procedures were established whereby a final detennination of compliancc was rendercd by the Division Administrators, who reviewed and Agenda Item No. 118 December 14, 2010 Page 2 of 15 approved their staffs findings and approved through their signatures the PUD's compliance and built-out status. Em;h of the PUDs listed below has an accompanying build-out and compliance summary as provided in Table I. I. C.'esccnt Lakc Estates 2. Cypress Green Apartments 3. East Toll I'laza 4. Eboli S. Fountain Park 6. Golden Gate Villas 7. HCl'On LaJ,e 8. ParkwlIY Promenade 9. SW Professional HClIlth Park 10. Whippoorwill Pines As stated in prior rcports fo the Board, stat)' had, in the past, the opportunity to apply the Land now'I()"111"11t r'o.l" (LD' C) ~""'I'''ll 11\ U" In (' , b to '1.'t''''11'''''' </", ",,,t"" "f'd"""I""'''''''l """"n L/....~"-' v ... '-.,......... ,....."'...t V 1\1. .:....\lI.......-.J. J .........J Ill!... lU,,", .:'llU U.:'l U ...~'... I.Jt./lll,,",U 1I\lIUIU PUDs once the PUD reached a "built-our' 01'90% of the authorized density (dwelling units) or intensity (commercial squarc fect). Many of the ['UDs listed in this petition have been reviewed under this criterion and have memoranda documenting staft's administrative detennination of "Built-Out". Howcvcr, with the adoption in January 2007 of Ordinance 06-63, Section, I O.02.07.C.l.b, the LDC was revised to read that "built-our' occurred at 1 OO(~:',. This amendment eliminated staffs ability to apply the 90(~;, rule to PUD developments and thereby required the eontinual submittal of annual lranie eounts and PUD monitoring reports, detailing the PUD's progress until all approved density and intensity \-vas platted and/or constructed within each PUD. The intent of the I,DC amendment WilS to cllcoumu,e 1he developlllcnt owners 1.0 relinquish unused density, or phantom units, and/or intensity of approved eommereial square feet through a board petition which would amend the Pl'D so that the PUD was not burdened by the annual reporting demands. Additionally, during ['UD audit reviews administrative Built-Out determinations have been re- evaluated by current staft: Commitments within these "Built-Out" PUDs have been reviewed and encumbrances have bccn placed on the PUD owners 1()I' commitment eomplianee or proof of compliance. The basis j('r these re-evaluations has been supported by tlie County Attorney who, IllUnd tllat staff reviewers at any level (>I' administration did nol have the authority to waive PUD wmmitments sct l(,rth in an ordinance. Any cOl1l11litmentthat had justilication 1(,1' being waived had to he presented through a petition to the Hoard ll,r their review and authorized approval. Aller the tinal deterlninutiun of Close-Out i:; rendered by the Board Dr County CommissiDners these Closed-Out f'UDs will be eliminated from any further demands t(,r co11lmitment eDntributions or assessment of commitment compliance by staff 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. Thc PUD amcndmcnt will then return the PUD to an active stutus i()r 1l1onitoring. Onhe ten PUDs recommended for Close-out, three have been f(,und to be fully developed and cOlllpliant with their developer commitments, one is working with code enf{)rcement to be bruught into compliance 1(,1' environlllental issues and six have commitments deemed not necessary or unwarranted which i I' the I3Dard agrees with staffs findings may be waived in " Agenda Item No. '176 December 14, 2010 Page 3 of 15 accordancc with Section IO.02.13.F.5. All of thc PUOs have developed to their authorized density and/or intensity or agrecd to relinquish any remaining density and/or intcnsity. Except I(ll' the Heron Lakes and Southwcst Professional Health Park PUO which applied for the Close-out process, staff requests that the Board waive the application fees established for the reviews and the processing ofthcse selcctcd PUOs for the j(,llowing reasons: I. The initiated process 1(11" elosing out PUDs was at thc Board's direction. 2. PUOs selected by stajfj(1I" this petition were administratively deemed Built-Out under the governing sections 0 f the Land Development Code efTective at the time of their documented build-out through the application of the then applicable 90'X, rule. 3. Special circumstances and age of the rcmaining PUOs include them for a fee waiver. 4. The age of certain PUOs and the lack of historical documentation would cause the cnforccn1cnt of conunitl11cnts to not be practical. FISCAL IMPACT: Thc PUO "Close-Out", by and of itselj; will have no fiscal impact on Collier County with the exception of staff hours allocated to the selection and preparing of the PUO documents I()r verification reviews and I(ll' tbe presentation 10 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 to advise the PUO's controlling owners ofstaJrs reported findings and of the County's intention fo hring these PIIOs to the Ro;ml ti,r a lil1;1I Close-Out ddermination. These activities held a nominal cost associated with the reproduction ofreports and the issuance of notiiieation through the U.S. Mail. GROWTII MANAGEMENT IMPACT: There is n(' Growth Management Impact associated wilh this Executive Summmy. LEGAL CONSlDlmATIONS: This Executive Summary has heen reviewed Ii,r legal suflieieney and IS legally sutlieient I()!' Board action. (STW) RECO!\1l\IENDATlON: I. Stalfrecoll)ll)ends that the Board of County Commissioners approve the Close-Out ofthe 1(,lIowing I'll Os which havc been veri tied as in full eOll)pliance: Crescent Lal,e Estates, (Ordinances 81-65, 86-26) Fountain Park, (Ordinance lJlJ-1l5) Whippoonvill Pines, (Ordinance 00-17) <.,,,,~. 3 Aqenda Item No. 17B becember 14, 2010 Page 4 of 15 2. Statf reeommends that the Board of County Commissioners approve the Close-Out of the t{)lIowing rUDs whieh werc verificd as in full compliancc and nccd to satisfy the maintcnance itcms idcntificd by the reviewing statI East Toll Plaza, (Ordinances 85-57, 88-38) . Exotics (Working with Code Enforcemcnt) 3. Staff recommends that the Board of County Commissioncrs approve the Close-Out ofthc following PlIDs which have been verified as in full compliance with the cxccption of commitments recommend cd to bc waivcd or cannot be fully verified due to the age of the PUDs and rccommcnds that thc commitmcnts bc waivcd: Cypnss Green Apartments, (Ordinance 87-(3), with a recommendation to waivc: . Sidcwalk on North I <)Ih Strcd (Missing) . Bond I{)r the sidewalk Eholi, (Ordinance 97-23), with a recolllmendation to waive: . Fair share contribution towards traftie signal on h\1mokalee Road (Not warranted) Golden Gate Villas, (Ordinance 84-40), with a recommendation to waive: . Fair sharc contribution towards street lighting at Golden Gatc Parkway and Sunshine Blvd . Fair share contribution towards traffic signal at Golden Gate Pnrkway and Sunshine Blvd Heron Lal\c, (Ordinances 83-47, 90-79), with a recommcndation to waivc: . Fair share contribution towards turn lanes on Santa Barbara Blvd . Fair share contribution towards tramc signalization on Santa Barbara Blvd . Fair share contribution towards arterial level street lighting at the project entrancc on Santa Barbara Blvd Parkway Promenade, (Ordinance <)5-63), with a recommendation to waivc: . Fair share contribution to a traffic signal (Not warranted) Southwcst Profcssionalllcalth Park, (Ordinanccs 89-74, 96-81), with a recommcndation to waive: . Arterial level strcet lighting at the project entrance 4. StafT recommends that the Board of County Commissioners waive the application fees established I{)r all of the PlIDs listed above, except j()r Heron Lakes and Southwest ProCcssionalllealth Park PLIO. Preparcd By: Lauric Beard, Transportation Planner, Growth Management Division, Planning & Regulation, Land Development Services Attachments: Tablc I, Legal Advertisement, Resolution 4 Agenda Item No. 178 Oecemberl4,2010 Page 5 of 15 COLLIER COUNTY BOARD OF COUIHY COM~~ISSIONEHS Item Number: Item Summary: 178 r;ecornmGlldatioll tel 3pprove a resolution 01 the Board of County Commissioners of Collier County, Flolida, desi!Jllatillg the Close-Out often (10) adoptee! Planned Unit Developments (PUDs) which have fully completed developrnel\t pursuant to their development orders constructillg up 10 the aulhorizecJ density and/or intensity and have been found by county ';laff to be CClIlqdlilllt willi their specific developH commitments Meeting Date: 12/1oCD10 9 IJIJ UO !I.M Prepared By LilIHi::n BErnd PlalllHJ Date Trar~~;.po~'l;"!l in11 Tr0n~p:)IWlj(Jn Pl:"TIl,illq 11/15/20108:11:33 AM Approved By Lluren r;~"'~!rli rlcllll"f Date T;;JOStl(l'-;;'!ien Tr,1!'C~I>0!t;:\!i,:>q pianl'!'l(1 11/15/2010 8:47 AM Approved By Jqdy' PUlq Up"ld!i()ll~,: /',n;l!y"i D,He C()mmUilitv Devehplllf'ilt [~ C,~.)ntm\lni'Y Dev~'!('rl!llf:~n!;::" f::t1 \' ircO\ lIrlcn!:1! ::;~, rv iCf'f, 11/'15120'10 B:27 AM E.llvirorltl);:.'ll't;~J ,:k:'iic(',,:, Appnl\ed By :':!~'vt'n \Vi::;i~!ll:"; /<c~,;i':;:l!it Cuu!1lV i\ltr;n'i \l Date C(".111iy,'.,11Clnr,j C"~~n!;.' .i.,q~"r'll0V 11/'15/201010:34 AM AppruH'd By rJli,.!l:V'.'l e,I',':ll, ["f"ieci r1;::j,:1(FI DBle I r :'l!:',IY'!: '!;\,,! ;:~,> i'.." > i ;.:)! ;'C,;' 'I!\C':":' '~1 ~: Hjinf' :'! in9 r, (>11:\\,'1"1., 1-'1,: , ; no I ~ t 11/'![;i:?UH! :J:32 PM Appro"l'll R.y !,lic!\ C ""'ljilt1Uuid;:, Ui'(",i 'l~:II)~'IL!n:;l!r.'11 FI3'\;ilnu Date 'Yr;QF)i..rr<1:; ,. f';\'I':'V1 1 r :111~' ;' ) I'! r: I i':~ "I;, ~ 1 " i ~ l( : 1111:::'1.0'101;:07 PM Approvcd By \\',ilii1Iii ~!. Lut :;>:17, ,If ;'~- ilP:.t'l! UL:> >r !i!!':(!inq 3elvius Dat'.:; C('I~!lllll"ijy D'\"~ilp;n:;T,j ri\~IIt1''::lin(1 2. :~I~v:t'n!ll1lf:tiWi ::;clviLes '1 '1/1712010 9:53 t\M Fllvii',!\iTH;n\i)! ~:~c' '.!i:>.:,.; Apprmed By ,i,'illc;;, VI}. [leL~:)II'v' F'uh!ic Utilith.'s Liivi:;ioll t\drninistfator Date Puillie Utilities UivisiJ'l1 FllbJic UU!iUe,s Dj':I"'!,>!1 1'1/22.120109:56 AM Apprm'cd By Agenda Hem No 178 DecernlJerf4,2010 Page 6 0115 !.)o: III E. Fcd('J I.ICP it dmtl'ht;'il'ClI. '"1 t dllc_:pOrliJUUIl Dilte 1 r~"l-"lH,!t;j!inn [ '\I!' Inll ) J ,-,I',,")' H 1:01 i"'11 f'dn I iq j';l :,-11\(111 It/7.2f2010 2:54 flM Approved lIy Len C~;ildr:JI !)llce f.\dlllitli~',!I;!"n. !\~'ll'ljlli~>lt<ltiv(' Sorvicc-',; Date', Adrllini;~tt;lI!i,e Snl"iu~, U'\'i'i,}!I l\(ln,ild:,.lr;1ji\';~ ~':'~rc.'i(:::-:<; !Jivi',;i(Jn 11123/20103:53 PM App.-oved B) iJr'1f3 (:~,. "iiI:, ("I D.Jte (;.)""ty ,V:;1!',';:" (s ('Ii r c; Coin, C' nf r,,';:ql<F~!CtJrr'I'1 i' Cll'!lr~t '11/24/20109-10 AM Approved II) ,L1f!Q(J(7_h)',]' " " I ~ v 1\ I' ) i fl' [JZlle 1;:>/1/20Hl 1():On AM Appro\Cd II) T:1"I' i',';I' Y i,'!;,' 1'1 .t; 1:1)', It:irl'; Date ,'I:ikf; "r, "., "', .:~. T f;':118, 1,1,1 r' 'I:_~, e\l r.":,:I:;~'J"m',ll (. !::udq!"l 12/2f20-10 12:24 PM Appruved By L/u [ U'_:,<,", '(:,,: ,ii,' f- V~'l' '1iif'" , .' '~)iF'/ I 11;;',1 I L,-lte ,'" "8 ." " , " Ii, I I =;/5/70-1 0 9: 1 L PM Table 1 Agenda Item No. 178 December 14, 2010 Page 7 of 15 Crescent Lake Estates PUD Ordinance Autho.-ized: Recorded Build-Out: 161 Dwelling Units (100 multi-family + 61 single tiunily) 160 Dwelling Units (100 multi-family + 60 single family) Memorandum of Built-Out: Filed AprilS, 1444 by Ronald Nino, Senior Project Planner, states that all of the developer commitments have been luliilled. Approvals: Engineering Environmental Fire Code Public Utilities Transportation Administrative reviews and approval Administrativc reviews and approval Administrative reviews and approval /uinlinistrative rcvic\vs and approval Adn:inistrative rcviews and approval Granted by: William Lorenz Granted by: William Lorenz Did not respond Granted by: Phil Granlatges Granted by: Norm Feder COlllments: One dwelling unil is being relinquished. CVllress Green Apartments pun Ordinance Authorized: Recorded Build-Out: 42 Rental Dwelling Units + I ofiice 41 Rental Dwelling Units + I of11cc \1emorandum of Built-Out: Nonc filed. A computer printout is in file indicating "Y" next to Built-Out. The I'UD Master Sprendsheet identified the PUD as buill-out. Approvals: Engincering Environmcntal Public Services Transportation Public Utilities Administrative reviews and approval Granted by: William Lorenz Administrative reviews and approval Granted by: William Lorenz Administrative reviews and approval Granted/Undetermined by: Marla Ramsey Administrativc reviews and approval Granted by: Nonn Feder N/A Not in the c.c. Water-Scwer District Comments: Transportation is wniving the commitment for a sidewalk on North 19th street. There arc no sidewalks on this street at all. No doeumcntation could bc lilund lil!' a bond for sidewalks due to the age of the PUD. One rental dwclling unit is being relinquished. East TolIl'laza PUD Ordinanec Authorized: Recorded Build-Out: 120 RV Lots 120 RV Lots Memorandum of Built-Out: None iiled. A computer printout is in file indicating "Y" next to Built-Out. The PUD Master Spreadsheet identified thc PUD as built-out. Approvals: Engineering Environmental Administrative reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: William Lorenz Transportation Public Utilities Administrative reviews and approval Administrative reviews and approval Agenda Hem r~o. 17B December 14. 2010 Granted by: N0l111 Feder Page 8 of 15 Granted by: Phil Gramatges Comments: No supporting documentation could be fo.und f,)r the following item due to the agc of tht commitmcnt: a fair share eontribution to the eost to improve the Davis Blvd/CR-95I intersection and/or the two lane access road (Beck Blvd) when they exceed level of scrviee "C". Environmental staff reported that maintenance is needed in the preserve (Mclaleuea trecs) and in the landseape bufTers (Brazilian Pepper). This maintenance issue is currently being managed by Codc Ent'll'Cement. Eboli pun Ordinance Anthorized: Recorded Build-Out: 80 Dwelling Units 80 Dwelling Units l\1emo.-andnm of Bnilt-Out: None filed. The PU [) Master Spreadsheet idcntified the PUD as built-out. Approvals: Engineering Environmental 'j'ransl)()rtation Public Ltilities Eleetions Zoning Review Administrative reviews and approval Granted by: William Lorenz Administrative reviews and approval Granted by: William Lorenz Administrative reviews amI approval Granted by: Norm Feder N/A Not in the c.c. Water-Sewer District Administrative reviews and approval Granted by: Gary fkauehamp Administrative reviews and approval Granted by: Susan [stenes Comments: The commitment 1.)1' a Elir share eontribulion towards a tranie signal system has been waived by transpOliation. Per Norm Feder, the proximity 0 f the project enfranee to the signalization of Livingston Road is too close and will not meet the requirements of the access Inan'lgement plan. Fountain Pm'k pun Ordinance Authorized: Recorded Bnild-Ont: 72,000 commercial square ket 71.400 eOlllmereial square Icct Memorandum of Built-Out: None lib!. The PL:[) '-'laster Spreadsheet identilied the Pl)[) as built-out. Approvals: Engineering Envinlllment<ll Transp()rtatioll Public Utilities Administrative reviews and appro\'al Administrative reviews and approval ;\dminislr<ltive reviews <lnd appnl\'<ll Administrative reliC\ls and approval Ciranted by: William Lorenz Granted by: William Lorenz (,ranted by: Nonn Fcder Granted by: Phil Gramatges Comments: Six hundred square kct of commercial intensity is being relinquished. Golden Gate Villas I'lJD Ordinance Authorized: Recot'ded Build-Out: 2XX Multi-Family Dwelling Units 288 Multi-Family Dwelling Units Memorandulll of Built-Out: Filed November J, IlJlJJ by Uryan Milk, Project Manager, statcs that all of the developer commitments have been lullilled. Approvals: Engineering 'Cnvironmental TranspOliation Public Services Public Utilities Agenda Ilem No. 17B December 14, 2010 Page 9 of 15 Administrative reviews and approval Granted by: William Lorenz Administrative reviews and approval Granted by: William Lorenz Administrative reviews and approval Granted by: Nonn Feder Administrative reviews and approval Granted/Undetem1ined by: Marla Ramsey N/A Not in the c.c. Water-Sewer District Commcnts: No supporting documentation could be found for the following item due to the age of the commitment: a fair share payment towards street lighting and signal installation at Golden Gate Parkway and Sunshine Blvd, Heron Lake PUD Ordinance Authorized: Rccordcd Build-Out: 507 Dwelling Units 318 Dwelling Units Mcmorandum of Built-Out: None tiled, The PUD has requested to go through the built out process, Approvals: Engineering Environmental Transportation Public Utilities Administrative reviews and approval Administrative reviews and approval Administrati ve reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: William Lorenz Granted by: Nonn Feder Granted by: Phil Gramatges ':::onUllcnts: No supporting documentation could be found for the following items due to the age of the commitments: a f'lir share contribution towards the capital cost of appropriate turn lanes, traffic signalization and arteriallevcl street lighting at thc project entrance on Santa Barbara Blvd, One hundred eighty-nine dwefling unit (lrc being relinquished. Parkway Promcnadc PUD Ordinancc Authorizcd: Rccordcd Bnild-Out: 1.12 acres of' prof'cssional 0 nices & low intensity commercial uses 1.12 acres of' prof'cssional oniccs & low intcnsity commercial uses Mcmorandum of Built-Out: Filed February 26, 2002 by Joyce Emst, Planning Technician, states that all of the developcr commitments have been fulfilled. Approvals: Engineering Environmental Transportation Zoning Publie Utilities Administrative reviews and approval Granted by: William Lorenz Administrative reviews and approval Granted by: William Lorenz Administrative reviews and approval Granted by: Norm Feder ^dministrative reviews and approval Granted by: Susan Istenes N/A Not in the c.c. Waler-Sewer District .._ Commcnts: The commitment I"r a hlir share contribution towards a tratlie ~ignal system has been waived by ransportati()n. Southwcst Professional Hcalth Park I'U D Agonda l~mNo. 178 December 14, 20'10 Pa~Je 10 of "15 Ordinance Authorized: Rccorded Build-Out: I 5.~ acres medical related land uses 15,~ acres medical related land uses Memorandulll of Built-Ont: None filed. Tbe PLJO bas requested to go tbrough the built out process, Approvals: Engineering Environmental Transportation Public Utilities Administrative reviews and approval Administrative reviews and approval Administrativc rcviews and approval Administrative rcviews and approval Granted by: William Lorenz Granted by: William Lorenz Granted by: N0I111 Feder Granted by: Phil Gramatges Comments: Arterial level street ligbting at thc project entrance may have been originally installed, Sinee then Immokalee Road has been widen and County ligbting has been installed. Whippoonvilll'ines PUD Ordinance Authorized: Recorded Build-Out: I ~() Residential Units I ~() Residentiall'nils Mcmo,'andum of Built-Out: None liled. The PLIO Master Spreadsbeet identified tbe PLIO as built-out. Approvals: Engineering Environmental 'rransportation Public lItilities Zoning CUlllluf:nls: NUllc. Admil1istrativc n~\.ic\vs and approval Administrative reviews aild approval Administrative reviews and approval Administrative revie\\ sand apprllval Administrative lev iews :Illd apprl,,:tl Granted by: \Villiam Lorenz Granted by: William Lorenz Granted by: Norm Feder Granted by: Pbil Gramatges liranted by: William Lorenz Agenda Item No. 17B December 14,2010 Page 11 of 15 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please plaee lhe following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ********************************************************************************************************* Originating Deptl Div: Growth ManaeementfPUD Monitorine Person: Lauric Beard Date: 11/03/10 Petition No. (If none, give brief description): Close Oul oflen PUD's. Petitioner: (Name & Address): Collier County Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, atlaeh separate sheet) Laurie Heard, Planner, PUD Monitoring, Growlh Management Division, 2800 N. Horseshoe Drive, Naples, FL 34104 Hearing before BCC Requested Hearing date: December 14, 2010 Based on advcltiscment appearing 15 days before hearing. Newspapcr(s) to be used: (Complete only ifimportanl): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common IUl:ation & Size: See Attached Companion petition(s). iran)' & proposed hearing date: loes Petition Fce include advertising cost? Yes ->68783, 1'0#4500122889 No )fVes. what account should be charged for advertising costs: ~ wed by: .~. '. ... '_ _ u-----'.1:gg~~~ liam Lorenz, D isionA ninistrator or Designee Date List Attachments: I>ISTRIBUTlON INSTRUCTIONS A. _For- hearings bcfoJ"e BCe or BZA: Initiating person to complete one cop)-' and obtaJn Division Head approval before submitting to County Manager. Note: If legal document is h.l'olved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Offiee A. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE liSE ONL Y: Date Received: _ _____ Date of Puhlic Iwaring: Date Advertised: Aqc;nda Ilem No. 17B December 14, 20W Page 12 of '15 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, December 14, 2010 in the Board of County Commissioners Chambers, 3" Floor, Administration Building, County Government Center, 3299 East Tamiami Trail, Naples, Florida, to consider: A Resolution of the Board of County Commissioners of Collier County, Florida, to consider and designate the Close Out of ten (10) approved Planned Unit Developments (PUDs) as Closed Out. The selected group of PUDs has fully completed development pursuant to their development orders, constructing to the authorized density and/or intensity or relinquishing their remaining density and/or intensity and have been found by county staff to be compliant with their specific developer commitments. The ten PUDs are located in Collier County, Florida and are listed by their approved name with their locations described below: CRESCENT LAKE ESTATES: Located on the east side of Airport Road approximat~ly J mile north of Vanderbilt Beach Road, Section 2S, Township 48 South, Range 25 East, consisting of 5 acres. CYPRESS GREEN APARTMENTS: Located on the west side of North 18th Street, approximately Y, mile north of Immokalee Drive, Section 32, Township 46 South, Range 29 East, consisting of 9.55 acres. EAST TOLL PLAZA: Located on the south side of Beck Blvd., approximately 1.2 miles east of CR-951, Section 1, Township 50 South, Range 26 East, consisting of 19.7 acres. EBOLl: Located on the south side of Immokalee Road, east of April Circle PUD and west of 1-75, Section 30, Township 48 South, Range 26 East, consisting of 8.97 acres. 2, TO'v'v'nship 49 South, Range 2S East, consisting of 10.14 acres. FOUNTAIN PARK: Located on the southwest corner of Airport Road and Vanderbilt Beach Road, Section GOLDEN GATE VILLAS: Located on Golden Gate Parkway, east of the Community Center, Sections 22 & 27, Township 49 South, Range 26 East, consisting of 18.05 acres. HERON LAKE: Located north of 1-75, south of Golden Gate City and east of Santa Barbara Blvd., Section 33, Township 49 South, Range 26 East, consisting of 101.52 acres. PARKWAY PROMENADE: Located on the north side of Golden Gate Parkway, east of 53" Street SW., Section 28, Township 49 South, Range 26 East, consisting of 1.12 acres. SOUTHWEST PROFESSIONAL HEALTH PARK: Located on the south side of Immokalee Road, approximately one mile east of Tamiami Trail, Section 26, Township 48 South, Range 25 East, consisting of 18.5 acres. WHIPPOORWILL PINES: Located Y. mile south of Pine Ridge Road and east of Whippoorwill Lane, Section 18, Township 49 South, Range 26 East, consisting of 29.54 acres. Agenda Item No. 17B December 14, 2010 Page 13 of 15 RESOLUTION NO. 2010- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING TEN (10) APPROVED PLANNED UNIT DEVELOPMENTS: CRESCENT LAKE ESTATES, CYPRESS GREEN APARTMENTS, EAST TOLL PLAZA, EBOLf, FOUNTAIN PARK, GOLDEN GATE VILLAS, HERON LAKE, PARKWAY PROMENADE, SOUTHWEST PROFESSIONAL HEALTH PARK AND WHIPPOORWILL PINES, WHICH HAVE FULLY COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS AND/OR HAVE BEEN FOUND BY COLLIER COUNTY TO BE COMPLIANT WITH THEIR SPEClFlC DEVELOPER COMMITMENTS. WHEREAS, the following Planned Unit Developments have all been "built-out" Pursuant to Section 10.02.13 .F.! 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: Cypress Green Apartments, East Toll Plaza, Eboli, Golden Gate Villas, Heron Lake, Parkway Promenade and Southwest Professional Health Park; and WHEREAS, it is in thc mutual interests of the herein named Planned Unit Developments and Collier County to close out the Planned Unit Development so that annual reporting obligations on bchalf of the Planned Unit Developments and rcview of those reports by the County will become unnecessary upon approval of this Resolution; and WHEREAS, certain of the herein named Planned Unit Developments have explicitly complied with each and every developer commitment (Crescent Lake Estates, Fountain Park and Whippoorwill Pines) and the remaining seven Planned Unit Developments have been reviewed by the County for compliance with their original commitments after initial review noted potential incomplete commitments and have been found by County staff pursuant to ! 0.02.] 3.F.5 to be detcnnined to be no longer necessary and release 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 or the Land Development Code Section IO.02.13.F: Crescent Lake I.:,states (Ords. &1-65, 86-26), Cypress Green Apartments (Ord. 87-03), East Toll Plll7,A (Ords. 85-57, 88-38), Eboli (Ord. 97- 6 23). Fountain Park (Ord. 99-05), Golden Gate Villa. (Ord. 88-40), Heron Lake (Ords. 83-47,90-79), Agenda Item No. 178 December 14, 2010 Page 14 of 15 Parkway Promenade (Ord. 95-63), Southwest Professional Health Park (Ord. 89-74, 96-8l), and Whippoorwill Pines (Ord. 00-17). THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this day of__ ,2010. A ITEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By:._._____ . Deputy Clerk By:_._. FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: bt- ; U (, , 7\^-"J.1 Steven T. Williams Assistant County Attorney Agenda Item r~o. 176 December 14, 2010 Pii/'M!.15 of 15 Naples DaUy News. Sunday. November 28, 2010 · 21U w ~. ~.' NOTICE OF INTENT TO CONSIDER RESOLUTION l~ ' j Notice is hereby given that .on TUESDAY, D~cember 14, 2010. in the Boardroo!,", ',3rd Floor', Administration BUIlding, Collter County Govemment Center~ 3299 Tamla- : mi Trail East, Suite N304, Naples, Florida" the Board of County Commissioners 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: " RESOLUTION OF THE BOARD OF .COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, CLOSING TEN (10) APPROVED PLANNED UNIT DEVELOPMENTS: CRESCENT .' LAKE ESTATES, CYPRESS GREEN APARTMENTS, EAST TOLL PLAZA. 'EBOU, FOUNTAIN ,PARK, GOLDEN GATE VILLAS, HERON LAKE, PARKWAY PROMENADE, SOUTHWEST PROFESSIONAL HEALTH PARK AND WHIPPOORWILL 'PINES; WHICH HAVE FULLY 'COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS ANDIOR , HAVE BEEN .FOUND BY COLLIER COUNTY TO BE COMPUANT WITH THEIR SPECIFIC 'DEVELOPER COMMITMENTS, . A Re'solution of the Board of County Commissioners of Collier County" Florida, to -. consider and des\~nate the Close Out of ten (10) approved Planned Unit Develop- ii"I~mti (PUDs} as Cased Cl.-t. The selected group of PUD5 has fully completeq devel- opmentpursuant to their development orders.Conrtructing to the autt)orized:d~n-,' sity and/or' int.ensity or relin,quishing their remaini.ng density and/or, Intensity., 'and have been found by county staff to be compliant with their specific developer com- mitments, The ten PUDs are located in Collier County, Florida and are listed by their approved name with their locations described below: CRESCENT LAKE ESTATES: Located on the east side of Airport Road approximately , mile north of Vanderbilt Beach Road, Section 25, Township 48 South, Range 25 East, consisting of 5 acres.; CYPRESS GREEN APARTMENTS: located on the westside of North 18th Street, approximately VJ mile north of Immokalee Drive. Section 32. Township 46 South, Range 29 East, consisting of 9.55 acres.; EAST TOLL PLAZA: Lo- cated on the south side of Beck Blvd., approximately 1.2 miles east of CR-951. Sec- tion 1, Township 50 South, Range 26 East, consistin9 of 19.7 acres; Eboli: located on the south side of Immokalee Road, east of April Circle PUD and west of 1-75, Sec- tion 30, Township 48 South, Range 26 East, consisting of 8.97 acres.; FOUNTAIN PARK: Located on the southwest corner Airport Road and Vanderbilt Beach Road. Section 2, Township 49 South, Range 25 East, consisting of ~0.14 acres.; GOLDEN GATE VILLAS:Locat~d on Golden Gate Parkway, east of the Community Center, Sections 22 & 27, Township 49 South. Range 26 Eart, consirting of 18.05 acres.; HERON LAKE: Located north of 1-75. south of Golden Gate City and east of t~7~52 B:~~:;.~ ~~~K~~~lio~RJ~E~~~i~~hroc~~e~G~~, t~:n~~J~ ~i~ g~;~~~inga~; Parkway, east of 53rd Street SW., Section 28, Township 49 South, ~ange 2~ East, consisting of1.12 acres,; . , ' SOUTHWEST PROFESSIONAL HEALTH PARK: Located on Ule south side of Immoka- lee Road, ,a'pproximately one miles east of Tamiami Trail. Section 26, Township-48 South, Range 25 East, consisting of 18.5 acres.; WHIPPOORWILL PINES: located V. mile south of Pine Ridge Road and east of Whippoorwill Lane, Section 18, Town- ship 49 South, Range 26 East, consisting of 29..54 acres. . Copies of the proposed" Resolution are on file with the Clerk to the Board and are 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 adminiWator prior to presentaticin of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an in- dividual to speak on behalf of an organization or group is encouraged. If recog. nized 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 cons.idered 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 re(Qrd. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore,.' may. neep to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is bas.ed. " . If you are a person with a disability who needs any accommodation in ordet to par- tiClpate in this proceeding, you are entitled, at no cost to you, to the. provision of certain assistance. Please (ontact the Collier County Facilities Management Depart- ment, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing ,impaired are available in the County Commissioners' C?ffice . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk . (SEAL) _ NO\lember 28.201 0 No1 R7fi771