Agenda 10/13/2009 Item #17J
Agenda Item No. 17 J
October 13, 2009
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to approve a resolution of the Board of County Commissioners of Collier
County, Florida, designating the Close-Out of twenty (20) adopted Planned Unit
Developments (PUDs) which have fully completed development pursuant to their
development orders constructing to the authorized 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 (Board) approve by resolution the Close-Out of
twenty (20) Planned Unit Developments such that these PUDs will have commitments deemed
no longer necessary, waived in accordance with Section lO.02.B.P.5 of the Land Development
Code (LDC) and be relieved of their Annual Monitoring responsibilities as defined by Sections,
lO.02.l3.F and lO.02.07.C.l.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
lO.02.B.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, having met their commitments with
maintenance issues to resolve or having unwarranted or unnecessary commitments to be waived
by the Board due to the circumstances presented.
,-
Section lO.02.B.P.5 of the Land Development Code states 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 approva1." Within the group of PUDs included in this
Close-Out group staff has identified commitments considered 'no longer necessary' due to the
defined circumstances that follow:
1. Roadway improvements have removed full median access therefore a future traffic signal
will not be warranted and the need for a fair share payment is no longer necessary for the
following PUDs; Green Tree, Plantation and Regent Park,
2. No documented exemptions were found to support the release of a commitment by
current staff however their approved development orders indicate certain exemptions
were provided for in the past for the following PUDs; Cypress Glen, Green Tree, Osprey
Landing, Plantation, Related Group and Winter Park,
Agenda Item No. 17 J
October 13, 2009
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3. Due to the passage of time no supporting documentation could be found to confirm a fair
share payment was made for certain commitments for the following PUDs; Cypress Glen,
Osprey Landing, Timber Ridge and,
4. The current Access Management Policy does not warrant the installation of a traffic
signal at the project entrance for the following PUDs; Sherwood Park, Summerwind and
Winter Park.
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. Botanical Place
2. Breezewood
3. College Park
4. Cricket Lake
5. Cypress Glen
6. Forest Lakes Homes
7. Gallman Olds
8. Green Tree Center
9. Osprey Landing
10. Pinebrook Lake
11. Plantation
12. Regent Park
13. Related Group
14. Sherwood Park
15. Summerwind
16. Sunshine Village
17. Timber Ridge
18. Whistler's Cove
19. Winter Park
20. Winter Park North
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
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, 1O.02.07.C.1.b of 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 an1endment 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 who,
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Agenda Item No. 17 J
October 13, 2009
Page 3 of 21
found that staff reviewers at any level of administration did not have the authority to waive PUD
commitments set forth in an ordinance. Any commitment that had justification for being waived
had to be presented through a petition to the Board for their review and authorized approval.
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 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 20 PUDs recommended for Close-out, three (3) have been found to be fully developed
and compliant with their developer commitments, two (2) have exceptional circumstances and
fifteen (15) have developed to their authorized density and/or intensity and have unwarranted
commitments or commitments deemed no longer necessary which if the Board agrees with
staffs findings may be waived in accordance with Section 10.02.l3.F.5.
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.
3. The PUDs selected for Close-Out were adopted and developed years ago and did not
have the same monitoring oversight as is provided today. Historical documentation and/
or records to justify enforcement cannot be located.
4. The special circumstances of two PUDs include them here.
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
to advise the PUD's controlling owners of staffs 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 repOlis and the issuance of notification through
the U.S. Mail.
GROWTH MANAGEMENT IMPACT:
,"-
Not applicable.
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Agenda Item No. 17 J
October 13, 2009
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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 of the
following PUDs which have been verified as in full compliance:
Botanical Place, (Ordinance 03-38)
Cricket Lake, (Ordinance 80-28)
Gallman Olds Dealership, (Ordinance 86-06)
2. Staff recommends that the Board of County Commissioners approve the Close-Out of
the following PUDs which were verified as in full compliance and need to satisfy the
maintenance items identified by the reviewing staff:
College Park, (Ordinance 96-59)
Forest Lakes Homes, (Ordinance 76-50)
Pinebrook Lake, (Ordinance 80-56)
3. Staff recommends that the Board of County Commissioners approve the Close-Out of the
following PUDs which may have maintenance items to satisfy and have been verified as
in full compliance with the exception of commitments recommended to be waived or
cannot be fully verified due to the age of the PUDs and recommends that the
commitments be waived:
Cypress Glen (Ordinances 87-18,92-83,02-37), with a recommendation to
waive:
· Fair share intersection improvements at the project's access point
· Arterial level lighting at the eastern access road
Green Tree Center (Ordinances 81-58, 84-33), with a recommendation to
waive:
· No turn lane at the second entrance on Airport Pulling Road
· Fair share for a traffic signal at the main entrance (No signal exists)
Osprey Landing (Ordinances 89-92, 91-18, 92-78, 92-81), with a
recommendation to waive:
· Fair share cost of bikeways adjoining the project
· Access throat length is less than the] 00 feet required
Plantation (Ordinances 84-72,89-13), with a recommendation to waive:
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Agenda Item No. 17 J
October 13, 2009
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· An interconnect from the PUD to the west (Not Warranted)
· Left and right turn lanes on Radio Road (Originally provided but new
improvements only provided a left turn lane)
· Fair share contribution towards the cost of a traffic signal (Not warranted)
Regent Park (Ordinance 85-45), with a recommendation to waive:
· Fair share contribution to a traffic signal (Not warranted)
Related Group (Ordinance 96-24), with a recommendation to waive:
· Arterial lighting (Incomplete at the project entrance)
Sherwood Park (Ordinance 80-38), with a recommendation to waive:
· Fair share contribution to a traffic signal (Not warranted)
-Summerwind (Ordinances 85-79, 88-24), with a recommendation to waive:
· Fair share contribution to a traffic signal (Not warranted)
Timber Ridge (Ordinance 94-23), with a recommendation to waive:
· Arterial Lighting (No lighting at Cambridge & Wilton-Plum & Eden
complete)
· Fair share contribution to a traffic signal or intersection improvements at
Carson & Lake Trafford Roads and Carson and Westc10x Roads
· Fair share for turn lanes at other locations (Noted as incomplete)
Whistler's Cove (Ordinance 97-1), with a recommendation to waive:
· Compensating Right-of-Way dedicated to County to offset the benefits of
the turn lanes
· Fair share contribution to a traffic signal (Not warranted)
\Vinter Park (Ordinances 83-32, 85-76, 86-87, 86-88), with a recommendation
to waive:
· Turn lane missing from 3Td entrance
· Fair share contribution to a traffic signal (No signal)
Winter Park North (Ordinance 85-77), with a recommendation to waive:
· Fair share contribution to a traffic signal (No signal)
4. Staff recommends that the Board of County Commissioners approve the Close-Out of the
following PUDs which have been sold to the State of Florida or purchased by Collier
County:
Breezewood (Ordinances 89-95, 97-41, 99-88), Sold to the State of Florida for
an 1-75 project.
Sunshine Village (Ordinance 93-92), Owned by Collier County and used for
water retention
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Agenda Item No, 17 J
October 13, 2009
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5. Staff recommends that the Board of County Commissioners waive the application fees
established for all of the PUDs listed above.
PREPARED BY:
Maryann Devanas, Supervisor, PUD Monitoring
Engineering and Environmental Services
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Agenda Item No. 17 J
October 13, 2009
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Table 1 Summary of PUDs considered for Close-Out
Botanical Place PUD
Ordinance Authorized:
Recorded Build-Out:
218 Dwelling Units
218 Dwelling Units
Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as
built-out.
Approvals:
Environmental Administrative reviews and approval
Transportation Administrative reviews and approval
Public Utilities Adiiiinistrative reviews and approval
Engineering Administrative reviews and approval
Zoning & Land Administrative reviews and approval
Development Review
Comments: None
Colle2e Park PUD
Ordinance Authorized:
Recorded Build-Out:
210 Multi-Family Units
210 Multi-Family Units
Granted by: William Lorenz
Granted by: Norm Feder
Granted by: Phil Gramatges
Granted by: William Lorenz
Granted by: Susan Istenes
Memorandum of Built-Out: Filed December 12,2001 by Joyce Ernst, Planner, states that all of
the developer commitments have been fulfilled.
Approvals:
Environm ental
Transportation
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: William Lorenz
Granted by: Norm Feder
Granted by: Roy Anderson
Granted by: William Lorenz
Comments: Environmental reviews found that part of the landscaping buffer was missing &
exotics were found in the preserve. These issues have been sent to Code Enforcement for action.
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Agenda Item No, 17 J
October 13, 2009
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Cricket Lake pun
Ordinance Authorized:
Recorded Build-Out:
188 Multi-Family Units
188 Multi-Family Units
Memorandum of Built-Out: A handwritten note on correspondence dated August 22, 1989
states that 'No more monitoring reports required'. No signature or initials given.
Approvals:
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
Granted by: Phil Gramatges
Granted by: William Lorenz
Comments: None
Cypress Glen PUD
Ordinance Authorized:
Recorded Build-Out:
208 Multi-Fanlily Units
208 Multi-Family Units
Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as
built -out.
Approvals:
Environmental
Public Services
Transportation
Public Utilities
Engineering
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: Marla Ramsey
Granted by: Norm Feder
Granted by: Phil Gramatges
Granted by: William Lorenz
Comments: Transportation reviews found that the developer agreed to pay for fair share
intersection improvement at the project's access point when deemed necessary and that street
lighting was not provided on the eastern access road. Staff could not find any documented
exemptions supporting the release of these commitments.
The Environmental reviews found that the following maintenance issues need to be addressed:
exotics found in preserve and in buffers and ref1ective (hydrant) markers in the pavement need to
be replaced. If voluntary compliance is not found, these issues will be sent to Code Enforcement
for action.
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Agenda Item No. 17 J
October 13, 2009
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Forest Lakes Homes PUD
Ordinance Authorized:
Recorded Build-Out:
182 Single-Family Lots
182 Single-Family Lots
Memorandum of Built-Out: A handwritten note signed by Elly Soto and dated January 31,
1989, written on correspondence dated August 17, 1989 states, "Built-Out, no longer need to
send for update".
Approvals:
Environmental
Transportation
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
N/A Served by City of Naples
Administrative reviews and approval
Granted by: William Lorenz
Granted by: Norm Feder
Granted by: William Lorenz
Comments: Environmental reviews indicate--street trees were missing. Code Enforcement
indicates in a report dated July 23, 2009 that this issue was abated and case was closed.
Gallman OIds Dealership PUD
Ordinance Authorized:
Recorded Build-Out:
Project Plan illustrated on PUD Master Plan (22,290 S.F.)
22,290 S. F.
Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as
built-out.
Approvals:
Environm ental
Transportation
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: William Lorenz
Granted by: Norm Feder
Granted by: Phil Gramatges
Granted by: William Lorenz
Comments: This PUD currently operates as a Collier Area Transit bus transfer facility.
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Green Tree Center pun
Agenda Item No. 17 J
October 13, 2009
Page 10 of21
Ordinance Authorized:
Recorded Build-Out:
Tract "A" 27 .28 Acres.
Tract "B" Max. of 86 Dwelling Units
Tract "A" 213,518 S.F. per SDP approvals on 27.28 Acres
Tract "B" 86 Multi-Family Units
Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as
built-out.
Approvals:
Transportation
Public Utilities
Environmental
Fire Code Official
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: Norm Feder
Granted by: Phil Gramatges
Granted by: William Lorenz
Granted by: Ken Abler
Comments: Transportation reviews found that at the second entrance on Airport Pulling Road
south of lmmokalee Road there was no turn lane and the fair share for a future traffic signal at
the main entrance was not warranted. Staff could not find any documented exemptions
supporting the release of these commitments.
Osprev Landin2 PUD
Ordinance Authorized:
Recorded Build-Out:
176 Multi-Family Dwelling Units
176 Multi-Family Dwelling Units
Memorandum of Built-Out: Filed February 6, 1997 by Norma Boone, Planning Technician,
states that all of the developer commitments had been fulfilled.
Approvals:
Transportation
Public Utilities
Environmental
Engineering
Housing & Human
Services
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: Norm Feder
Granted by: Roy Anderson
Granted by: William Lorenz
Granted by: William Lorenz
Undetermined by: Marla Ramsey
Comments: Environmental reVIews found exotics and litter In the Preserve. Voluntary
compliance is being sought.
Transportation reviews found that a fair share contribution toward the cost of bikeways adjoining
the project could not be determined due to the age of the PUD and the access throat length design
approved was less than 100 feet as required. Staff could not find any documented exemptions
supporting the release of these commitments.
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Agenda Item No. 17 J
October 13, 2009
Page 11 of 21
Osprey Landin2: PUD (continued)
Housing & Human Services reviews found that the affordable housing commitment could not be
determined due to the age of the PUD and reported no adverse findings.
Pinebrook Lake PUD
Ordinance Authorized:
Recorded Build-Out:
160 Multi-Family Units
160 Multi-Family Units
Memorandum of Built-Out: Correspondence from McFadden & Sprowls, Inc. dated July 18,
1990, references County correspondence dated June 28, 1990, which advised them that the
Pinebrook Lakes PUD had been deemed completed.
Approvals:
Environmental
Engineering
Administrative reviews and approval
Administrative reviews and approval
Granted by: William Lorenz
Granted by: William Lorenz
Comments: Environmental reviews found that portions of the PUD had been heavily populated
with exotics. This maintenance issue is currently being managed by Code Enforcement.
Plantation PUD
Ordinance Authorized:
Recorded Build-Out:
Max. of 418 Single-Family & Multi-Family Units
418 Total (87 Single-Family Units & 331 Multi-Family Units)
Memorandum of Built-Out: Filed February 19, 1998 by Cecilia Martin, Planning Technician
II, stated that the PUD had fulfilled all of the commitments and was built-out.
Approvals:
Environmental
Transportation
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: William Lorenz
Granted by: Norm Feder
Granted by: Phil Gramatges
Granted by: William Lorenz
Comments: Transportation reviews indicate the required left and right turn lanes on Radio Road
were provided however the new improvements only provide for a left in, fair share contribution
towards the cost of a traffic signal was not required since the signal was not warranted. Staff
could not find any documented exemptions supporting the release of these commitments.
Environmental reviews found that the required buffers have not been maintained and exotics
have re-emerged. These maintenance issues are being managed by Code Enforcement.
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Agenda Item No. 17 J
October 13, 2009
Page 12 of 21
Regent Park pun
Ordinance Authorized:
Recorded Build-Out:
Max. of 466 Single-Family & Multi-Family Units
418 Total (121 Single-Family Units & 345 Multi-Family Units)
Memorandum of Built-Out: A PUD summary sheet dated January 4, 1996 logged in by N.
Boone indicated the PUD was Built-Out as of 1993.
Approvals:
Environmental
Transportation
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: William Lorenz
Granted by: Norm Feder
Granted by: Phil Gramatges
Granted by: William Lorenz
Comments: Transportation reviews found that the fair share contribution towards the cost of a
traffic signal was not required since the signal was not warranted.
Related Group PUD
Ordinance Authorized:
Recorded Build-Out:
Max. 276 Residential Dwelling Units
276 Multi-Family Units
Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as
built-out.
Approvals:
Environmental Administrative reviews and approval
Public Utilities Administrative reviews and approval
Zoning & Land Administrative reviews and approval
Development Review
Granted by: William Lorenz
Granted by: Phil Gramatges
Granted by: Susan Istenes
Comments: Transportation reviews found that arterial lighting was incomplete at the project
entrance. Staff could not find any documented exemptions supporting the release of these
commitments.
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Agenda Item No. 17 J
October 13, 2009
Page 13 of 21
Sherwood Park pun
Ordinance Authorized:
Recorded Build-Out:
Max. 336 Dwelling Units
336 Multi-Family Units
Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as
built-out.
Approvals:
Transportation
Administrative reviews and approval Granted by: Norm Feder
Comments: Transportation reviews found that the fair share contribution towards the cost of a
traffic signal was not warranted.
Summerwind pun
Ordinance Authorized:
Recorded Build-Out:
Max. of 466 Single-Family & Multi-Family Units
418 Total (121 Single-Family Units & 345 Multi-Family Units)
Memorandum of Built-Out: Filed February 25, 1993 by Ron Nino, Senior Project Planner,
states that the PUD had fulfilled all of its commitments during its build out and had satisfied the
monitoring requirements of the LDC.
Approvals:
Environmental
Transportation
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: William Lorenz
Granted by: Norm Feder
Granted by: Phil Gramatges
Granted by: William Lorenz
Comments: Transportation reviews found that the fair share contribution towards the cost of a
traffic signal was not warranted.
Environmental reviews indicate that exotics were found on site and a number of canopy trees
were missing. These maintenance issues will be managed by Code Enforcement if voluntary
compliance is not found.
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Timber Ridl!e PUD
Agenda Item No. 17 J
October 13, 2009
Page 14 of21
Ordinance Authorized:
Recorded Build-Out:
59 to 80 Units of Affordable Housing
59 Single-Family Units
Memorandum of Built-Out: Filed May 28, 2004 by Joyce Ernst, Planner, states that the PUD
fulfilled all of the commitments during its build out.
Approvals:
Transportation
Public Utilities
Environmental
Engineering
Housing & Human
Services
FireLode Official
Administrative reviews and approval
Project located outside of CCWSD
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: Norm Feder
Granted by: William Lorenz
Granted by: William Lorenz
Undetermined by: Marla Ramsey
Granted by: Ken Abler
Comments: Transportation reviews found that SDP-2007-AR-12367 held stipulations for the
deficiencies pertaining to arterial lighting and for the fair share payments to be addressed. No
lighting or payments have been received.
Environmental reviews indicate that code required buffers and internal landscaping is deficient.
These maintenance issues will be managed by Code Enforcement if voluntary compliance is not
found.
Whister's Cove PUD
Ordinance Authorized:
Recorded Build-Out:
Max. 240 Affordable Housing Units
240 Dwelling Units
Memorandum of Built-Out: Filed September 13, 2000 by Joyce Ernst, Planner Technician,
stated that the PUD fulfilled all of the commitments during its build out.
Approvals:
Environmental Administrative reviews and approval
Engineering Administrative reviews and approval
Transportation Administrative reviews and approval
Public Utilities Administrative reviews and approval
Zoning & Land Administrative reviews and approval
Development Review
14
Granted by: William Lorenz
Granted by: William Lorenz
Granted by: Nom1 Feder
Granted by: Phil Gramatges
Granted by: Susan Istenes
Whister's Cove pun (continued)
Agenda Item No. 17 J
October 13, 2009
Page 15 of 21
Comments: Transportation reviews found that the fair share contribution towards a traffic signal
is not warranted at this time and that no compensating ROW was dedicated to Collier County to
offset the benefits of the turn lanes.
Environmental reviews indicate maintenance issues related to landscape buffers and exotics.
These are being monitored for voluntary compliance and if necessary the issues will be sent to
Code Enforcement for further action.
Winter Park pun
Ordinance Authorized:
Recorded Build-Out:
Max; 600 Dwelling Units
600 Multi-Family Units
Memorandum of Built-Out: Filed July 27, 1995 by Joseph F. Delate, Landscape Architect,
states that the PUD fulfilled all of the commitments during its build out.
Approvals:
Environmental
Transportation
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: William Lorenz
Granted by: Norm Feder
Granted by: Phil Gramatges
Granted by: William Lorenz
Comments: Transportation reviews found that one turn lane is missing from the 3rd entrance and
that the fair share contribution for a traffic signal on Davis Boulevard is not warranted. There is
no signal installed at that location. Staff could not find any documented exemptions supporting
the release of these commitments.
Winter Park North pun
Ordinance Authorized:
Recorded Build-Out:
Max. 96 Dwelling Units
96 Multi-Family Units
Memorandum of Built-Out: A PUD Summary sheet filed June 18, 1992 for Winter Park North
indicates that it is built-out.
Approvals:
Environmental
Transportation
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
15
Granted by: William Lorenz
Granted by: Norm Feder
Granted by: Phil Gramatges
Granted by: William Lorenz
Agenda Item No. 17 J
October 13, 2009
Page 16 of 21
Winter Park North PUD (continued)
Comments: Transportation reviews found that the fair share contribution for a traffic signal on
Davis Boulevard is not warranted. There is no signal installed at that location.
Exceptional Conditions Affectinl! Close-Out:
The following PUDs included in our listed group for Board consideration of Close-Out have
exceptional circumst~ces. The circumstances affecting their commitments or zoning are noted
below. .
Breezewood PUD - Sold to the State of Florida for an 1-75 Project.
Sunshine Village PUD - Owned by Collier County and used for water retention west of Airport-
Pulling Road and south of Orange Blossom Road.
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RESOLUTION NO. 2009-
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CLOSING OUT TWENTY (20) APPROVED PLANNED
UNIT DEVELOPMENTS: BOTANICAL PLACE,
BREEZEWOOD, COLLEGE PARK, CRICKET LAKE,
CYPRESS GLEN, FOREST LAKES HOMES, GALLMAN
OLDS, GREEN TREE CENTER. OSPREY LANDING,
PINEBROOK LAKE, PLANTATION, REGENT PARK,
RELATED GROUP, SHERWOOD PARK, SUMMERWIND,
SUNSHINE VILLAGE, TIMBER RIDGE, WHISTLER'S
COVE, WINTER PARK AND WINTER PARK NORTH,
WHICH HA VE FULLY COMPLETED DEVELOPMENT
PURSUANT TO THEIR DEVELOPMENT ORDERS
AND/OR HAVE BEEN FOUND BY COLLIER COUNTY TO
BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER
COMMITMENTS.
WHEREAS, the following Planned Unit Developments have all been "built-out"
Pursuant to Section IQ,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
lO.02.13.F: Cypress Glen, Breezewood, Green Tree Center, Osprey Landing, Plantation, Regent Park,
Related Group, Sherwood Park, Sunshine Village, Summerwind, Timber Ridge, Whistler's Cove,
Winter Park and Winter Park North; 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, certain of the herein named Planned Unit Developments have explicitly
complied with each and every developer commitment (Botanical Place, Cricket Lake, College Park,
Forest Lakes Homes, Gallman Olds Dealership and Pinebrook Lakes) and the remaining 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 IO.02.13.F.5 to be determined 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"
.""-'~"'''~''''~''__''''''___''''_''.~''__''-'"''.''C .. -_...._....__._"._~,__._."_ T ..,..1 1 ~Ill 1ltIRi _,..i~J>...,,,."",_..".'d,".>'..,._
Agenda Item No. 17 J
October 13, 2009
Page 18 of 21
for purposes of the Land Development Code Section 10.02.13.F: Botanical Place (Ord. 03-38),
Breezewood (Ord. 89-95, 97-4], 99-88), College Park (Ord. 96-59), Cricket Lake (Ord. 80-28),
Cypress Glen (Ord. 87-18,92-83,02-37), Forest Lakes Homes (Ord. 76-50), Gallman OIds (Ord. 86-
06), Green Tree Center (Ord. 81-58, 84-33), Osprey Landing (Ord.89-92, 9]-18, 92-78, 92-81),
Pinebrook Lake (Ord. 80-56), Plantation COrd. 84-72, 89-13), Regent Park (Ord. 85-45), Related
Group (Ord. 96-24), Sherwood Park (Ord. 80-38), Summerwind (Ord, 85-79,88-24), Sunshine Village
(Ord. 93-92), Timber Ridge (Ord. 94-23), Whistler's Cove (Ord. 97-1), Winter Park (Ord. 83-32, 85-
76,86-87, 86-88) and Winter Park North (Ord. 85-77).
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this
day of ,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
L 7. ~iL
-"
't.~l.C 1
Assistant County Attorney
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17 J
October 13, 2009
Page 19 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17J
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve a resolution of the Board of County
Commissioners of Collier County, Florida, which designates the Close-Out of twenty (20)
adopted Planned Unit Developments (PUDs) which have fully completed development
pursuant to their development orders constructing to the authorized density and/or intensity
and have been found by county staff to be compliant with their specific developer
commitments,
10/13/2009 9:00:00 AM
Prepared By
MaryAnn Devanas
Community Development &
Environmental Services
Senior Planner
Date
Approved By
CDES Engineering
9/23/20093:04:16 PM
Steven Williams
Attorney's Office
Assistant County Attorney
Date
Attorney's Office
9/24/20099:23 AM
Approved By
William D. Lorenz, Jr., P,E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
9/24/2009 12:32 PM
Approved By
James W. DeLony
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
9/28/2009 8:20 AM
Approved By
Susan Istenes, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
10/1/20091:07 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
10/1/20091 :23 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/1/20097:11 PM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Agenda Item No. 17 J
October 13, 2009
Page 20 of 21
Approved By
Jeff Klatzkow
County Attorney
Transportation Planning
10/6/200911 :17 AM
Approved By
Mark Isackson
County Manager's Office
County Attorney
Date
Approved By
Norm E, Feder, AICP
Transportation Services
County Attorney Office
10/6/20092:35 PM
Budget Analyst
Date
Office of Management & Budget
10/6/20093:32 PM
Transportation Division Administrator
Date
Transportation Services Admin,
10/7/200911:14 AM
Agenda Item No, ~ 7 J
~~P5Fri~~~~berZ;:20Oif~'NaPl"Dan,~.w.-' Oct~~~~ ~31' ~t~~
~____". ._..~_. "..r....,............~.:::::-~7.~-,-..-.-.'--..__M_____~ :
i
~".
m'}H~~.];I,IJ'Hml.. ...
. NO~IC~ OFP~B~C, HEARING"
~ft~~J~t~"'t~~~r~,~~tr~e.:":f.
~g~r,~ O~ifiO~~~3 :~~t~~.h~~rrnoJII~ri
~:~~~m?~~b~~O~~'~~~~\$~~1~~
g~~~~r~' 3Cj>J~~;.~u~~";1~~.r'j.~:m.
i ~1~~..9:FJgrl~~ Trhee-~~~'~f t~~,~p':/:.
I p~_~e~:_resoluth:~n Is 1lI'~II.o_~:-~',;' _ ,",
A. Resolution - ~f the BOard of co~~ty
~~~:~~~~Q~:n~l~t~~~~I~e~e~r~ri'~le
~hi.. ~11~.tri~~..~n~.~~v~r~p.~~~;~',.
(PUOs),'as.'Closed~Out. 'fhe selected
.;S~~ro:~:~Ppt~~~1U~~ J,~7PJ:~:e
opment,orderll constructing to the
authorized density and/or Intensity,
I and' ha..,e - been found 'bV county staff
to. ,be ,complhmt wlth their s~eClflC":
. !~~~~~~~janl:~lrir~,~op~p~1~::,
ed name 'with,their loclltlonS,d;;"
scribed bel?~l .,;.', " . .
BOTANICAL'" PLA'CE: 'L.oc~ted:' on' the
East side of Bayshore.DrMl. appraxl. .
mately ,800 ,fee~ ,north of Thomasson;
Drlv.. locotedlnSectlon 14, Township
~gtS~~anRdaq~ ~ ~asa~e~~~r' ,mea
. Truett companY'IL.I~. Farms NO.2
$ub!:SII/lsion, consisting 01' 19.83 acres.-
BREEZEWOOD: Loc.ted .t the South.
west Quadrant of the Intersection of
ImmokAlee, Road (C.R: '846)- and 1.75 In
. ~~~~ t~n~~tiri:~7,~ :~~~~, Range
','
COLLEGE: Located on the South side
. of Rattlesnake Hammock Road (C.R.
~~ ':~f.~~I~e~~n or2~ !PJ~n~~i~t ~
~~,~~:e~ge 26 East. consisting ,of
, , "\
CRICKET LAKE: Located on the EaSt
~~:m~f T~~sr~r:e~ftl~~'l~~ui~:ris~rJ
Tii~~:~~Rang~"Z5 East. conSl,~ti~~,'~~:
, CYPRESS on the North
~~~t-OJf L :3. \~'~eg~~~
12._ Towns . Range 25 East.
consisting.,o 29.7 acres,:" ".
FOREST LAKES HOMES~Locatei'l In:the
~g~~;r,,~~;.~~:g~~~,t RO~n~:~~01Jt
ConSls.';lOg 01 BPPrmur:nately 65 ac:res~
\ GALLMAN' OLCS:-Located y. mile West"
of the intersection of Radio Road and
Dft,vis Boulevard. in Section 1, Town~
s,hlp 50 South,' Range 26 East, consls.
.ting of 10.28 acres. ' , .,'
GREEN TREE CENTER: Loc.ted In the
North'east Va of the Northeast 1h of
Section 26. TDwnshlp 48 South, Range
25 East. consIsting' 0140 acres, , .
OSPREY LANDING: Loc.ted.oo ih~
North side of Davis Boulevard.ap.
G~IRg~~~Y 1~/~~\~n ~eVo~1n;~~n~
~~~hac~e~~ge 26 East. coqslstln~ ,~
PINEBROOK L"'KE: Located. on the
East side of, Bayshore Drive, approxl.
mately BOO feet north 'of Thomasson
~1~J~a~:~gi~ iseet~~, ~~s~~~~h~
Lot 104 of Naples Grove and Truck
COlT\pany+s Ltttle Farms.
PlANTATIONf'Located West of'Sable
Lakes PUC south 'of Radlo'Road'ln
sec. tlon"', Tow.nShiP, 50' South Range
26East. con$l5ti!,Q 01.83.1 acre5~" J
R,EGE,NT PARK: Loca'ted on the SOuth
sIde 01 Immokalee Road and Y"amUe
E;ast,of Airport.' ,Pulling ,Road In' Sec.
I ~t.~n~f;;~~h~~1~ig~~s.Range 25
R~LATED GROUP; Located souttl Pine
:~deg~~I~a~~~tRor~die~~f~f:i~fril~
~~~ ';~si.~fn~S~~9~ a~:' Range .
SHE':RWOOD PARk: located North' of
Radio. Road, North of the Intersectlon
of Radio -Road and Davis Boulevard in
~6~i~t ~onTsl;~~~IPOf4~J~~~~::re~~
43 acres. ". .. . ,
SUMMERWIND:: lOcated on ttle North
side o~ Pine Ridge Road (C.R, 896);
~~fi~~I~g~Yil~''s~iro~a;i. o.:9~~~7;
, 49 South. Range 25 East. consisting of
29,6 acres, .
SUNSHINE VILLAGE: Located one
block West of Alrport.Pulling Road
~~o~s~~ g~~~n te~~~tt ~fo~~~:
:~l!r~~~s. Range 25 East consisting of
TIMBER RIDGE: Located at the South.
east comer of Eden Avenue and Car.
son Road In Immokalee in Section 32.
'~[IW~ :1,.] ;lLI,\~ ~ j I 1[.
Town5hlp 46 south.' Ranoe 29 E'ast
consisting ,of 10..1 acre~ . .
WHiSTLER'S COVE: I.ocate'd',on the
North 'side of Tamlaml Trall--East at
the .ntersectlon with Southwest Boul.
evard In Section 32, Township SO
South, Range 26 East, consl$~lno of 24
BereSj' '
WINTER PARK.: Located sOuth of Oa-
vis Boulevard at the Southeast corner
of the Intersection of Davis Boulevard
and Lakewood Boulevard. Section 12
Township 50 South. Range 25- Ealt
consisting of 48.7 acres. -, .
WINTER PARK NORTH: loc.ted .south
of ,. B~U~I~~rt~G~I'if;~~~l:g
West Lakewood Sou~evarclln See:'
~~ ~onsl~ir~~~lfB :~r;~h, 'Range 2!i
NOTE: All Perso,ns wIshing to speak
~7t~~he ag~~~:y 1~~'I'~~t~~t~~g~~a~
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 recog-
nized by the Chair.' a spokesp'erson
for a group or organiz.ation may be
~~~~~d.,.lo:'minutes to .speak on an,
Person' wlshlnR to. h"ave' written or
3~~B';g,;"aJ:r p8~~k~~'I~du~~ ~~b~l~
said 'materIal a minimum of 3 weeks
~rl0r to the respe.ctlve..public-hearlng.
t~n~~ t~B~:'c~ri~[J:~'dmb~t~~~a~o~~
shall be submitted to the appropriate
county staff a mInimum of, seven
days prior to the. public hearing, All
~ee~~r~5~~1Ii'b~~~~:tlg~~~:n~~'
part of the record..-~; ,"-': ,. '.'
~~~I~~~S~f th~ B~:;Jd:"lIt~~:a~:
cord of the proceedings pertaining
thereto and therefore. ,may need to
ensure'that a verbatim record of .the
prOc.eedl,nRs _is made; Which' record
~~~d:~iJh ~e:~'~~rrs ~J.vldence
If you are a person with. a disability
who needs any accommodatlon In or-
der, to participate In thls proceeding;
. .'~~:~P;~y'~f~~e~f a~en~&.f~s~~llt'::ic~~
Please contact the Comer coun~ Fa.
" r~~~~~:~a~:8f~:~1,~~aT~~~~-Ea~t
Buildl~ W. Naples Florida 34112.
~~~~;! 2fo;8i~' hAeS:;f~~ 1~~:~~8'"~~;
available In the county commissIon.
.~~:'~jca._. ., .:,;".:>'"'."~'.:;-'
BOARD Of COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA. . .
, DONNA FIALA; CHAIRMAN .'.'
OWIGHU:BROCK;CLERK . .',
lriA't'n ~~nnel~hn, DePU~ Clerk '.
Or1'~ohpr" ,nnq >, ", . - No1~'9160