Agenda 11/10/2009 Item #17A
Aoenda Item No. 17 A
t'>Jovember 10, 2009
Page 1 of 8
EXECUTIVE SUIVll\1ARY
Recommendation to approve a resolution of the Board of County Commissioners of Collier
County, Florida, designating the adopted Tamiami Professional Center Planned Unit
Development (PUD) as "Closed-Out"
OBJECTIVE:
To have the Board of County Commissioners (Board) approve by resolution the Close-Out ofthe
Tamiami Professional Center PUD and relieve the PUD ovmers from their Annual Monitoring
responsibilities as defined by Sections, 10.02.13.F and 10.02.07.C.1.b of the Collier County
Land Development Code.
CONSIDERA TIONS:
The Close-Out of the Tamiami Professional Center PUD once approved by the Board's
resolution shall cause the PUD to remain in the closed-out status and no fmiher development
orders shall be issued relative to applications within the subject PUD for the authorization of
additional residential density and/or commercial intensity beyond the current authorization of the
PUD. Any future development applications for additional entitlements accounted for in the
Ordinance shall require a PUD amendment approved by the Board of County Conunissioners
which shall change the Tamiami Professional Center's status from closed-out to active and
require the PUD once more to be compliant \vith the repOliing responsibilities of the Land
,-. Development Code Section 10.02.13.F.
Staff seeks the approval of the Tamiami Professional Center PUD Close-Out resolution so that
the Tamiami Professional Center is designated, without uncertainty, "built-out" and/or "c1osed-
out" and once receiving the Board's approval wi11 be celiified as having met its commitments.
Administrative procedures for closing-out the PUD \vere applied to the Tamiami Professional
Center Close-Out application during which a final detemlination of compliance was rendered by
Division Administrators, who reviewed and approved their staff's findings and approved through
their signatures the PUD's compliance and built-out status.
The Tamiami Professional Center PUD summary of development and compliance with the
developer cOlmnitments fo11O\vs:
Ordinance:
Ordinance 1998-90, amended by Ordinance 1999-48
Ordinance Authorized:
Tract I Retail 0.91 acres
Tract II Office 1.06 acres
Tract IJI A.L.F. 5.52 acres (not to exceed an F.A.R. of 0.45)
Recorded Build-Out:
Tract I: Gates Office Bldg. located on Tract I and comprised of
] 2,] 97 Square Feet (S.F.)
Tract II: HoleMontes Office Bldg. located on Tract II and
comprised of 22,5 1 5 S.F.
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Tract III: Juniper Village Assisted Living Facility (Previously
lmov,'n as Encore Village) located on Tract III and
comprised of 38,332 S.F.
Tract III is the only tract holding any remaining un-built density in the PUD and it is comprised
of +/- 0,75 acres. The PUD allows a Floor Area Ratio (FAR) of 0.45 for Tract III which would
allow for an additional total of 108,000 S.F. of leasable area. The applicant repOlis that plans for
additional development of that square footage are not likely. However, the owners of Juniper
Village do not intend to relinquish their developer rights for the unconstructed density within
Tract III.
Divisional Reviewers and Approvals:
Environmental Administrative reviews and approval
TranspClliation Administrative review's and approval
Public Utilities Administrative reviews and approval
Engineering Administrative reviews and approval
Granted by: William Lorenz
Granted by: N01111an Feder
Granted by: Phil Gramatges
Granted by: William Lorenz
Comments: During the Environmental and Engineering Reviews it was found that although a
Conservation Easement (CE) was obtained for the required Preserve Area, the CE was not
dedicated to Collier County as required by the PUD Ordinance. Section 6.10 of Ordinance 1999-
. 48, states that the Conservation Easement shall be placed over the preserve and recorded on a
plat with protective covenants. The commitment continues that the Conservation Easement be
dedicated to the homeowners association or similar entity for owncrship and maintenance
- responsibility and to Collier County with no responsibility tc)r maintenance,
Staffs review found that in the platting of the Tamiami Professional Center Subdivision
recorded in Plat Book 31, Pages 71-72 Tracts PI and P2 are dedicated to the property owner's
association for maintenance and are stipulated in the South Florida Water Management District
Pemlit and COlVS of Engineer Pe1111it as reserved for Conservation Areas. Although the CE was
not dedicated to Collier County, staff considers that the full intent of dedicated conservation
areas has been met although the cxact means to reservl.? the lands by the PUD has not been
followed. The applicant has fulfilled the requirements of the approved plat and has dedicated the
preserve areas in accordance witb the plat approval. To require that the plat dedications be
revised to specifically name the County as the owner of the preserve in a re-platting is not
recommended. Any change to the Preserve area v"ould require an amendment to the plat and
appropriate safeguards are in place to ensure tbat the dedicated preserve area remains.
FISCAL IMPACT:
Tbe Close-Out oftbe Tamiami Professional Center will bave no fiscal impact on the County. Tbe
application fee submitted has been applied to the staff hours allocated to the preparation of the
PUD documents for tIle Administrators' revievvs and fl.)r the Board's review and for the
publishing of the legal adveliisement of this Board agenda item.
GROWTH MANAGEMENT IMPACT:
,,-."
Not applicable.
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,A,genda Item No. 17.A..
NovemtY31' 10, 2009
Page 3 of 3
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LEGAL CONSIDER4. TIONS:
This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for
Board action. (STW)
RECOMMENDA TION:
Staff recommends that the Board of County Commissioners approve the Close-Out of the
Tamiami Professional Center PUD which has remaining un-relinquished density and has been
velified to have met all of the developer cOlmnitments to their full intent and waives the exact
recording requirements for the preservation of the platted and permitted Conservation Easements
known as PI and P2 in Plat Book 31, Pages 71- 72.
PREPARED BY:
Maryann Devanas, Supervisor, PUD Monitoring
Engineering and Environmental Services
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Item Number:
Item Summary:
Meeting Date:
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:~genda Item No. FA
~~ovember 10, 2009
Page 4 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIOh!ERS
17A
Recommendation to approve a resolution of the Board of County Commissioners of Collier
County, Florida, designatim.l the adopted Tamiami Professional Center Planned Unit
Development (PUD) as Closed-Out
11/10/2009 9:00:00 Ar,~
Prepared By
MaryAnn Devanas
Community Development &
Environmental Services
Senior Planner
Date
CDES Engineering
10/15/20091:44:30 PM
Approved By
Phil E. Gramatges, P.E.
Public Utilities
Sr. Project Manager
Date
Public Utilities Planning and Project
lV:anagement Department
i 0/16/2009 10:11 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
1 0!16/2009 10:30 AM
Approved By
James W. Delony
Public Utilities
Public Utilities Administrator
Date
Public Utilities A.dministration
i 0/16/2009 11 :00 AM
Approved By
William D. lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Approved By
Envi ronmental Services
10/1912009 9:49 AM
Joseph K. Schmitt
Community Development &
Environmental SErvices
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environrnental Services Adrnin.
~OI20/2G09 3:05 PM
Approved By
Steven Williams
Attorney's Office
Assistant County Attorney
Date
Approved By
Attorney's Office
~O!27/2009 8:35 Af/i
Norm E. Fe-der, A1CP
Transportation Services
Trar.sport.;Uon Div!s1on Adniinlstrator
Date
Approved By
Tra:1sportation Services Admin.
~ 0127/2009 9:20 AM
,Li,.Jenda item t\lo. 17/1..
~i" I YJ '" r'l h;,e AI n ') nr, 9
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Page 5 of 8
OMS Coordinator
orv18 CoorCtti-atQr
Date
County Manager's Office
Office of i\1anagelY!ent & Budg0t
10i27/2009 2:40 PM
Approved By
Mark Isackson
Budget p,na;yst
Date
County f'Jianager's Office
Office of Management & Budget
10/30/200911 :01 AM
Approved By
Jeff Kiatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/30/20093:32 PM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
Board of County
Commissioners
County r\!ianager's Offic;?
11/2/20095:26 PM
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Agenda Item I\Jo. 17 A
~~ovemba 10, 2009
Page 6 of 8
RESOLUTION NO. 2009 -
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
CLOSING OUT THE APPROVED PLANNED UNIT
DEVELOPMENT KNOWN AS T AMI AMI PROFESSIONAL
CENTER WHICH HAS FULLY COMPLETED
DEVELOPMENT PURSUANT TO ITS DEVELOPMENT
ORDERS AND HAS BEEN FOUND BY COLLIER COUNTY
TO BE COMPLIANT WITH THE DEVELOPER
COMMITMENTS AS LISTED IN THE ADOPTED
ORDINANCE 1999-48.
WHEREAS, the Tamiami Professional Center Planned Unit Development has been
found to be "built-out" pursuant to Section 10.02.13.F.l of the Collier County Land
Development Code and has been found by County Staff and Division Administrators to be in full
compliance with the requirements of 10.02.13 .F; and
WHEREAS, it is in the mutual interests of the herein named Plmmed Unit Development
and Collier County to close out the Tamiami Professional Center Planned Unit Development so
that annual reporting obligations on behalf of the Planned Unit Development and review of those
reports by the County will become unnecessary upon approval of this Resolution; and
WHEREAS, the herein named Planned Unit Development has explicitly complied with
all except one developer commitment and that one commitment has been found by County Staff
to meet the intent of the Environmental Commitment for dedication of preserve area.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Tamiami Professional
Center Planned Unit Development within Collier County is found to be "built-out" and therefore
is deemed "closed out" for purposes of the Land Development Code Section 10.02.13.F.
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:
DO}.,TNA FIALA, Chainnml
, Deputy Clerk
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ftsnl ~-Jo. 17;A
10. 20::::9
Page 7 cf 8
Approved as to form and
legal sufficiency:
Steven T. Williams .,1'''; I~-o'"
\0' ..
Assistant County Attorney
'1
P.,genda It'3m No. 17 A
~ ~~ovember 10, 2009
1 ... \O~ge 8 ~f 8 r
CtVn,cvyy\'r 1YOrtSSr~~
Q~er
\ NDTICE CF INTENT 10. CCNSIDE.f\
, RESOLUTIDI'I
NOtJC~ Is nere~ g\v~f. tha~ on TU~SDAY,
NcveMBE" to, 20<1$ In the Boaroroom, '
3ed floaf, AdmiilUtrl~ Bulld,ng; Collie'-.,
"County GoV;,;;;;;;~t";; no., E~st Ta'
miami Trai~ NIP"'S, Florida. the Board 01
County commissloner1 . wilt consider the
enactment at a County Re.olutlon.' The'
meeting will commence at 9:00 .!,-M. The
t~le..of t~ proposed Resol""io~. is. as 101,
lo~~~:. :~/,:;~,
RESOLUTICN 0.1' THE BCARDOf CDUNTY
CCMMISSICNERS Cf CCI..LIER" COUNTY;
FLORIDA; CLOSING CUT. THE APPROVED
pLANNED UNIT DEVELOPMENT KNCWN
AS"'TAMIAMI, PRDFESSIONA~:' CENTER
WHICH HAS. FUllY CCMPl.HED DEVELDP.
MENT, .pUl\SUANT, 'TO. Ii!o. DEVELOPMENT
ORDERS ANQHA5 BEEN FCUND BY COt,
L1ER 'CDONTY TO. BE COMPLIANT. WITH
THE DEVELCPER CDMMITMEKTS AS L1n-
'ED 'IN .HE ADOPTED DRDINANCE , 999-
, 48. '
A PetitIon to rec~:~.mend approval ~ 'of 'It
re501,ution' of the BOlrd of, county. Comp
missioners; _ of " collier. Coun~{. F!orlda" - to
designate' the Tamlami PrafeS$ion~\. Ce~_
ter Plan~ Unit Deyelopment, (PUD) ...
Closed'Out. T~ PUO hIS completed del/el'
opment purs.uant, toth,elr development
orders, 'constructed" within... their author'"
'Ized density andJ~ri" i,!tenstty" ,and, has
been found by coun!)! staff to be campll'
ant with their spedflC developer commit-
ments. The Tamiaml PrOf!5Sional Center
PUO \s located in .Colller County, Florida
just to the south of Imperial Gotf Estat~
and north of Collier Ri!S\'rve.' on tM east
side 01 U.S, 41. in Section 1 S, TownshIp 48
South, Rallge 25' East and. consi.t> of
,\~,6+I'8cr~ -, .',
l _, ,:' ~" -:;,:-:,-',:', i.
Copies of the proposedOre:Uoance are on
ftI~,witl1 the Clerk to,the,.Board and are
available lor. In.pOct;On; ,-: All' 'interested
~:~: are mYlte.c:,t~atte.n,u aed be
NOTE:- Au:pers~~s'wi~h'i~g:-~o' spea!t.' o~
any agenda item. must _register- with the
County 2Idministrat,or' prio('to' pre!.enta-
tion at the agenda:' Item to 'be addressed.
lediy\dua! speakers. will,' be limited to'.5
mimrtei on any item.-'; 'The.selection of an
Individuai to speak on behalf of ae orga.
n'lzation or group'isencouraged. If rO(,
ogn1zed by the Chairmar\ a spokesperson
tara group or oTganlzatiol'\ 'may be a\-,
lorted;10 minutestc spea~ on an item.- '.
persons', 'wishing tQ.'- have"Wf1tt~ri-- or
graphiC matedals.\nc\ude-d: III the Board
agenda packets must submit said material
a minimum of 3, weelc.s prior- to the re-
:~~:'J~~I~c i~~:~i~~di~ ;7 ~~~ld~;~~
by the Board .han be submitted to the
appropnate County staff a minImum of
seven da~ prior to, the public heario9~
AH matenal used In presentations. beton~:
:;;eth~o::~rd.ill be<:om.. a permanent part
A"y person who decid., to appeal" dec!'
sian .of the Board will need a record of
the proceeding> pertaining thereto arid
therefore, may need to ensure that aver.
batlm record of the proceedings is made.
whkh record includes tn_ testlrl10nyand
e\lidence.u~n whl€h the appeal-is ba~d,
1iJ1BTI~" ~ \ :t'll ~ t~(. i i (~'If::.
;1 .;.'
If yc>u are a person w~h . di.ability' wh<> ' ".
needs-, arrf : accommodatioh,;: in order to,I:' ~\
particlpat~ in thiS proceed\ng; you. are ~n" -: .-,
titled. at no cost to you. to the prol/lSIOn "
of c.ert8ifl asslstance.,'. Please c.ontact tne..:
Collier County Facilities Management O<!-.'
. partment, located at 3301 Tamiaml lrail
!ast;, Building W. Naples, Florida 34' '2. ,..
" (239)' 252-8380. Assisted listening devices
. far the hearing- impa\red art available in '"
the ~ountv CommisSloners' Office:- .
BOARD DF COUNTY COMMISSIDNERS
COLLIER COUNTY. FLORIDA
DDNNA FIAlA CHAIRMAN
DWIGHT E. BRDCK, ClERK
By: le,esa polaski;Oep"ty Oerk::
(SEAL)' .' .
_J~rrnhp.r 10 ?nM .,