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Agenda 10/28/2008 Item # 8C Agenda Item No, 8e October 28, 2008 Page 1 of 14 EXECUTIVE SUMMARY Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, which designates the Close-Out of fifteen (15) approved 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 listed Planned Unit Developments (PUDs) which have been found to be, with three exceptions, fully developed, compliant with their developer commitments and to relieve them of their Annual Monitoring responsibilities as defined by Sections, 10.02.13 F and 10.02.07.C.1.b of the Land Development Code, and upon the approval deem the PUDs Closed-Out. CONSIDERA TJONS: -, 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 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 SectionlO.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 by the Board these PUDs will be certified as; having met their commitments, having met their commitments with maintenance issues to resolve or having commitments to be waived by the Board due to the circumstances presented. For the PUDs listed below, procedures were established whereby a final determination of compliance was made by the Division Administrators, who reviewed and approved their staffs findings and signed off on the PUD's compliance and built-out status of the selected PUDs. Some determinations for disapproval have been issued due to non-compliant findings. Lack of documentation related to the age of development orders and surrounding growth and development are a few of the circumstances found to affect compliance. For these PUDs staff has indicated the specific findings in the individual PUD summaries and requests the Board to waive the non-verified compliance items when appropriate, releasing the PUD from the unmet commitments. Each of the PUDs listed belo\-'.' has an accompanying build-out and compliance summary as provided in Table] . - ,Aqenda Ilem I\Jo, tiC , Oct:)ber .:28, 2008 2 of 14 1. Brighton Gardens 2. Cay Lagoon 3. Cheshire Arms Apartments 4. Citrus Gardens 5. Crystal Lake 6. Emerald Lakes 7. Green Boulevard 8. Huntington 'Woods 9. Keller Entry Level 10. Lely Barefoot Beach Condo 11. Marker Lake Villas 12. Moorings Park 13. Naples Jaycees Clubhouse 14. Paradise Pointe RV Park 15. Riverbend In the past staff had the opportunity to apply the Land Development Code (LDC), Section 1 0.02.07.C.1.b to detern1ine the status of development within PUDs once the PUD reached a "built-out" of 90%. Many of the PUDs listed in this petition had been reviewed under this criterion and have memoranda documenting staffs administrative determinations of "Build- Out". However, with the adoption in January 2007 of Ordinance 06-63, Section, 1 0.02.07.C.1.b of the LDC was revised to read that "built-out" occurred at 100%. This amendment eliminated staff's 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 that amendment was to encourage the development owners to relinquish unused density, or phantom units, and/or intensity through a board petition which would amend the PUD so that the PUD was not burdened by the annual reporting demands. To my knowledge no developments have acted in this manner. Additionally, administrative Built-Out determinations have been re-evaluated by current staff. Commitments within these "Built-Out" PUDs have been reviewed and encumbrances 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, 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. Once a PUD receives a Built-Out status through this Close-Out process and the final determination of the Board authorizes these PUDs as Closed-Out, the Closed-Out PUDs will be eliminated from any further demands for commitment contributions or assessment of commitment compliance by staff and their Closed-Out status will remain so until subsequent action by the Board of County Commissioners approves an amendment specific to each PUD causing the PUD to return to an active status. 2 Agenda Item No, 8e Oc;tober 28, 20GB Page :3 of 14 Staff requests that the Board waive the application fees established for the reviews and the processing of these selected PUDs for the following reasons: I. 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. (90 % rule) 3. Special circumstances and age of the remaining PUDs include them for a fee waiver. FISCAL IMPACT: The PUD "Close-Out", by and of itself, will have no fiscal impact on Collier County with the exception of staff hours allocated to the selection and preparing of the PUD documents to be reviewed, the verification reviews and the presentations 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 reports and the issuance of notification through the U.S. Mail. GROWTH MANAGEMENT IMPACT: Not applicable. LEGAL CONSIDERATIONS: This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. (STW) RECOMMENDA TION: 1. Staff recommends that the Board of County Commissioners approve the Close-Out of the fi)Ilowing PUDs which have been verified as in full compliance: Cheshire Arms Apartments Crystal Lake Emerald Lakes Huntington Woods Keller Entry Level Lely Barefoot Beach Condo Marker Lake Villas ParadisePoil1t RV Resort 3 AGenda Item !\lo, 8e ~ October 28, 2008 ?age 4 of 14 2. Staff recommends that the Board of County Commissioners approve the Close-Out of the following PUD which was verified as in compliance through a reliance on recorded development plans indicating commitment items were deemed unnecessary: Cay Lagoon 3. Staff recommends that the Board of County Commissioners approve the Close-Out of the following PUD which was verified as in full compliance and needs to satisfy the maintenance items identified by the reviewing staff: Brighton Gardens 4. Staff recommends that the Board of County Commissioners approve the Close-Out of the following PUDs which 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: Citrus Gardens PUD with a recommendation to waive: · Two roadway easements · Interconnection of loop road · Arteriallevellighting Green Boulevard PUD with a recommendation to waive: · Sidewalk requirements due to the approval and acceptance of the SDP which does not include a sidewalk. 5. Staffrecommends that the Board of County Commissioners approve the Close-Out of the following PUDs which have been annexed to the City of Naples or purchased by the State of Florida: Moorings Park - Annexed to the City of Naples Naples Jaycee Clubhouse - Condemned by the State of Florida for a road project Riverbend - Sold to the State of Florida 6. 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 4 Aqenda Item No. Be ~ October 28, 2008 Page 5 of 14 Table 1 Summarv of PUDs considered for Close-Out Bri2hton Gardens PUD Ordinance Authorized: Recorded Build-Out: 117 Unit (133 beds total) 133 beds; 93 assisted living & 40 skilled nursing beds Memorandum of Built-Out filed March 3, 1999 by Planning Manger, Ron Nino stating that all of the developer commitments had been fulfilled. 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: Norman Feder Granted by: Jim DeLony Granted by: William Lorenz Comments: During the Environmental Reviews it was found that the environmental conditions were met but maintenance issues required action. Voluntary compliance was discussed on-site with the complex manager August 27, 2008. A re-inspection is scheduled in one month. Cav La200n pun Ordinance Authorized: Recorded Build-Out: 32 Multi- Family Units 32 Multi-Family Units Memorandum of Built-Out filed May 2, 2003 by Planner, Joyce Ernst stating that all of the developer commitments had been fulfilled. 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: Norman Feder Granted by: Jim DeLony Granted by: William Lorenz Comments: During the Environmental and Engineering Reviews it was found that a fence on the West side of the properiy was required and no fence in that location \vas found. Acceptance of the approved development plans and required inspections indicate that the fence on the West side of the property was deemed unnecessary. 5 Item r~o. 8C Oct::;ber 28, 20GB Page 6 of 14 Cheshire Arms Apartments pun Ordinance Authorized: Recorded Build-Out: 60 Cnits 60 Units Memorandum of Built-Out - None filed. Approvals: Environmental Transportation Public Utilities Engineering Comments: None Citrus Gardens pun Administrative reviews and approval Admimstrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: Nonnan Feder Not in Water-Sewer District Granted by: William Lorenz Ordinance Authorized: Recorded Build-Out: 396 Units 396 Total Units: 144 Single Family, 252 Multi- Family Memorandum of Built-Out - None filed. Approyals: 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 Denied by: N0D11an Feder Granted by: Roy Anderson Granted by: William Lorenz Comments: During the Transportation Revie\vs it was found that three commitments were not met. Due to this finding the Administrator denied the approval of the close-out request. However, acceptance of the approved development plans and required inspections for this community and those neighboring Citrus Gardens indicates that these commitments were deemed unnecessary, Additionally, Citrus Gardens was audited in the first group of PUDs presented to the BCe, June 3,2003. At that time the interconnection conmlitment was discussed and Commissioner Henning stated that it \vas a Board's decision not to have the interconnection developed. 6 Agenda Item No. 8e October 28, 2008 Page 7 of 14 Citrus Gardens PUD (continued) PUD Audit Workshops that followed held discussions pertaining to unruet commitments inherited by the Home Owner Associations and/or Property Owner Associations (HOAlPOAs). The Board's direction regarding unsatisfied commitments held by associations was to bring them to the Board for a release or waiver. It is staffs intent at this time to request that the commitments following be waived. Request: Waive the following commitments: . A minimum of two road easements to the property to the east shall be provided for future residential development. . Developer shall provide on the subject property the connection of its loop road (at a minimum oftwo locations) to roads in existing or future residential projects adjacent to Citrus Gardens PUD to the east and extending to the proposed Livingston Road extension. Residents of such existing or future projects shall be entitled to ingress and egress over and through the Citrus Gardens loop road by the appropriate grant of easement rights. · The petitioner shall provide arterial level street lighting at the project entrance. · Littoral zones shall be created in the existing lake with side slopes to comply with the South Florida Water Management District and County Water Management Department requirements. Crvstal Lake PUD Ordinance Authorized: Recorded Build-Out: 490 Units 490 Lots Memorandum of Built-Out filed November 18, 1997, by Planning Technician, Nonna Boone, stating that all of the developer commitments had been fulfilled. 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: Norman Feder Granted by: Roy Anderson Granted by: William Lorenz Comments: None 7 Emerald Lakes PUD Aqenda !t-Sfl1 f'Jo. Be . October 28. 2008 Page e of 14 Ordinance Authorized: Recorded Build-Out: 525 Total units 525 Total units Memorandum of Built-Out filed October 13, 1995 by Planning Technician, Cecilia Martin stating that all of the developer commitments had been fulfilled. Approvals: Environmental Transportation Public Utilities Engineering Supervisor of Elections Comments: None Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Green Boulevard PUD Granted by: William Lorenz Granted by: Norman Feder Granted by: Roy Anderson Granted by: William Lorenz Granted by: Gary Beauchamp Ordinance Authorized: Recordcd Build-Out: 9 I 2 Multi-Family Units 9 12 Apartment Units Memorandum of Built-Out filed December 3, 2002 by Joyce Ernst stating that all of the developer commitments had been fulfilled. Approvals: Environmental T ransportati on Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative revie\vs and approval Granted by:William Lorenz Denied by: Norman Feder Not in Water-Sewer District Granted by: William Lorenz Commcnts: During the TranspOItation Reviews it \vas found that one commitment for a sidewalk was not met causing the Administrator to deny the approval of the close-out request. HOVl'ever, acceptance of the approved development plans and required inspections for this community indicates that the commitment 'was either deemed unnecessary and/or was not enforced by staff at time of plan review and approval. 8 Huntin2ton Woods PUD Ordinance Authorized: Recorded Build-Out: 26 Multi- Family Units 26 Multi- Family Units Agenda Item No. se October 28, 2008 Page 9 of 14 Memorandum of Built-Out filed February 10, 1995 by Planner II, Chahran Badamtchian stating that all of the developer commitments had been fulfilled. Approvals: Environmental Transportation Public Utilities Engineering Fire Code Official Comments: None Keller Entrv Level No Commitments cited Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: Norman Feder Granted by: Roy Anderson Granted by: William Lorenz Granted by: Ken Abler Ordinance Authorized: Recorded Build-Out: 200 Multi- Family Rentals 200 Multi- Family Rentals The PUD's approved ordinance had no commitments identified. Due to this fact no reviews or approvals were required from the Divisional Administrators. Lelv Barefoot Beach Condo PUD Ordinance Authorized: Recorded Build-Out: 50 Multi- Family Units 50 Multi- Family Units Memorandum of Built-Out - None filed. Approvals: Environmental Transportation Engineering Public Utilities Fire Code Official Comments: None No Commitments cited No Commitments cited No Commitments cited Administrative reviews and approval Administrative reviews and approval 9 Granted by: Roy Anderson Granted by: Ken Abler Marker Lake Villas pun A,qenda itern r~o. se - October 28. 20G8 F'age 10 of 14 Ordinance Authorized: Recorded Build-Out: 26 Villas 26 Villas Memorandum of Built-Out filed February 4, 2002 by Joyce Ernst stating that all of the developer commitments had been fulfilled. Approvals: Environmental T ransportati on Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Comments: None Paradise Point PUD Granted by: William Lorenz Granted by: Norn1an Feder Granted by: Roy Anderson Granted by: William Lorenz Ordinance Authorized: Recorded Build-Out: 383 Units 383 Units Memorandum of Built-Out - None on file Approvals: Environmental T ransportati on Public Utilities Engineering Fire Code Official Administrative reviews and approval Administrative revie'.'/s and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Comments: None Exceptional Conditions effectin2 Close-Out: Granted by: William Lorenz Granted by: Norn1an Feder Granted by: Roy Anderson Granted by: William Lorenz Granted by: Ken Abler The following PUDs included in our listed group for Board consideration of Close-Out have exceptional circumstances. The cireumstances affecting their conu11itments or zoning are noted below. Moorings Park - Annexed to the City of Naples Naples Jaycee Clubhouse - Condemned by the State of Florida for a road project Riverbend - Sold to the State of Flori(Ja 10 Agenda Item No. se October 28. 2008 Page 11 of 14 RESOLUTION NO. 2008- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING OUT FIFTEEN (15) APPROVED PLANNED UNIT DEVELOPMENTS: BRIGHTON GARDENS; CA Y LAGOON; CHESHIRE ARMS AP ARTMENTS; CITRUS GARDENS; CRYSTAL LAKE; EMERALD LAKES; GREEN BOULEVARD; HUNTINGTON "'OODS; KELLER ENTRY LEVEL; LELY BAREFOOT BEACH CONDOMINIUM; MARKER LAKE VILLAS; MOORINGS PARK; NAPLES JAYCEES CLUBHOUSE; RIVERBEND AND PARIDISE POINTE RV RESORT, WHICH HAVE FULL Y 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 lO.02.13.F.1 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: Brighton Gardens, Cay Lagoon, Cheshire Arms Apartments, Citrus Gardens, Crystal Lake, Emerald Lakes, Green Boulevard, Huntinf,10n Woods, Keller Entry Level, Lely Barefoot Beach Condominium, Marker Lake Villas, Moorings Park, Naples Jaycees Clubhouse, Riverbend and Paradise Pointe RV Resort; 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 Vo,'ill become unnecessary upon approval of this Resolution; and \VHEREAS, certain of the herein nan1ed Planned Unit Developments have explicitly complied with each and every developer commitment (Cheshire Arms Apartments, Crystal Lake, Emerald Lakes, Huntington Woods, Keller Entry Level, Lely Barefoot Beach Condominium, Marker Lake Villas, Paradise Point R V Resort) 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 1O.02.13.F.5 to be determined to be no longer necessary and released by the Board of County Commissioners. iterri f\Jo. Be GeLber 28. 2003 PaJe12::Jf14 NO\V THEREFORE, BE IT RESOL VED 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.: Brighton Gardens (Ord. 96-60), Cay Lagoon (Ord. 92-37), Cheshire Arn1S Apartments (Ord. 84-53), Citrus Gardens (Ord. 86-33 and 89-25 as amended), Crystal Lake lOrd. 84-73 Partial Rpl.; 0-1; 94-61 and 05-45 as amended), Emerald Lakes (Ord. 82-36; 82-89; 91-66; 91-92 and 91-99 as amended), Green Boulevard (Ord. 83-51 and 85-23 as amended), Huntington Woods (Ord. 82- 22 and 86-2 as amended), Keller Entry Level (Ord. 80-35), Lcly Barefoot Beach Condominium (Ord. 85-22 and 87-52 as amended), Marker Lake Villas (Ord. 97-37), Moorings Park (Ord. 79- 19; 79-99; 80-31; 83-1 and 02-12 as amended), ~aplcs Jaycees Clubhouse (Ord. 75-25), Riverbend (Ord. 81-28) and Paradise Paiute RV Resort (Ord. 89-J and 95-53 as amended). THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this day of , 2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COCNT'{ COMMISSIONERS COLLIER COUNTY, FLORIDA By: Bv: , Deputy Clerk TO!\1 HENNING, CHAIRJ\1AN Approved as to fOim and legal sufficiency: / ! -'" (, ,1 }-T~ I__.~,'I 0;1 f-. - . ~."'~-_.. Stcycn T. \Villiams Assistant COlmty Attorney Item Number: Item Summary: Meeting Date: Page I of 2 Agenda Item ~~o se October 28. 2008 Page '13 of 14 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8C This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this Item, all participants are required to be sworn in. Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida which designates the Close-Out of fifteen (15) approved 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. 10/28/2008 90000 AM Prepared By MaryAnn Devanas Community Development & Environmental Services Senior Planner Date CDES Engineering 9/19/200811:11:47 AM Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Environmental Services 10/7/20088:31 AM Approved By Steven Williams Attorney's Office Assistant County Attorney Date Attorney's Office 10/7/20Q8 8:36 AM Apprond By ,Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 10/7/2008 9:54 AM Approved By Marla Ramsey Public Services Pubiic Services Administl.ator Date Public Services Admin. 10110120084:37 PM Approved By Joseph K. Schmitt Community Development & !::nvrn:Hlffi6n:tal Services Community Development & EnvironmE"nta[ Services Adminstrat.or Date Community Development & 10/14120089:13AM EnvironrnEnta\ Sefvi,:j25, Adtrdn. Approved By Joines \/\'. DeLoflji Public Utilities Pubiic Utiiities Administrator Date Puonc Utdlties Ad~llnfstratlon iOii 4120GB 2:09 PM Approved By file://C:\AfYendaTest\Exnort\ 115-0ctoher%202R.%20200R\OR.%20ADVFRTlSFD%20Pl ) 10n2/200R Norm E. Feoer. AICP TianSD8 rtai :or: Serl{jces T,a;-~s.portation Division Administrator Date Transportation Se~viGes t\dmin. 10/15:20082:57 PM Approved By Nick Casalanguida Transpor:atior. Services rJiPO Director Date Transportation Planning 10/15/2008 8:18 AM Approved By OMS Coordinator Adminrstr?:tivt=: Services Applications Analyst Date informatIOn Tecrmoi:Jgy 10/16l2008 10:31 AM Approved By Mark !s<!okson County rtana;~e(s Off:~ Budget Analyst Date Office of rVianagement & Budget 1 0/16/Z008 11 :25 AM Approved By James V. Mudd Board of CClunty Comrnjs~:::,;one-s County Manager Date County (\r;anagerts Office 1 0/1S/200S 7:27 PM file:!/C:\A~enda Test\ExoOli\] J 5-0ctoher%202R.%20200R\OR.%20A DVER TISEDo!.,20PI J... Page 2 of2 :tenl r\jo, 8e C1ctcber 2008 14 of 14 J O/22/200R