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Agenda 06/03/2003 W COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PUD-IOU WORKSHOP #1 AGENDA June 3, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON W HO DECIDES T O APPEAL A DECISION O F T HIS BOARD W ILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774- 8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Pledge of Allegiance 2. Monitoring of Planned Unit Developments for Compliance with Developer Commitments and Consistency with Approved PUD Documents. 3. Adjourn EXECUTIVE SUMMARY PRESENTATION OF THE FINDINGS ON THE RESEARCH PERTAINING TO COLLIER COUNTY'S 321 RECORDED PUDS AND THE IMPLEMENTING ORDINANCES, AND SUBSEQUENT AMENDMENTS AND TO REVIEW THE DOCUMENTED COMMITMENTS TO COLLIER COUNTY AND ASSESS THE STATUS OF THE COMMITMENTS RECORDED WITHIN THE ORDINANCES FOR: TRANSPORTATION, WATER MANAGEMENT, UTILITIES, ENVIRONMENTAL, LANDSCAPE, HISTORICAL /ARCHAEOLOGICAL, STREET LIGHTS, EMS, PUBLIC PARKS, SCHOOL SITES AND POLLING PLACES. OBJECTIVE: To evaluate the status of PUD commitments made by the development community as set forth in the adopted ordinance and subsequent amendments; provide a compilation of findings from current monitoring reports, provide the findings from the twenty five (25) selected PUDs inspected by: Environmental Services, Engineering, Transportation and Code Enforcement and to provide recommendations for future monitoring practices. CONSIDERATIONS: Staff was charged with the responsibility of obtaining the enacting ordinances and amendments thereto, for all 321 PUDs. These ordinances were reviewed for the commitments, found within the general language or listed within a separate section specific to these commitments. Staff prepared a summary sheet for each PUD documenting the commitments that typically appear in the recorded ordinances for: TRANSPORTATION, WATER MANAGEMENT, UTILITIES, ENVIRONMENTAL, LANDSCAPE, HISTORICAL /ARCHAEOLOGICAL, STREET LIGHTS, EMS, PUBLIC PARKS, SCHOOL SITES AND POLLING PLACES and OTHER INFRA-STRUCTURE. An analysis of the ordinances, reviewed to date, revealed that the commitments made typically were as follows: 45% Street Lights, 69% Transportation, 67% Water Management, 23% Utilities, 12% Engineering, 60% Environmental, 16% Landscaping, 18% Polling Place, and 19% Historical/ Achaeological. Based on these findings appropiate departments were engaged to inspect the PUDs for compliance. Report materials necessary to fully evaluate compliance were distributed to department representatives for the PUD inspections. This support documentation included: the listed PUDs for inspection, the master PUD list with commitments summarized, an inspection report form, individual summaries of the PUD commitments, the ordinance adopting the PUD and /or sections of the ordinance referring to the commitments, the Annual Monitoring Report and a map of the PUDs to be inspected. Upon review of the support documentation for the first fifty (50) PUDs selected as a sampling for the presentation to the BCC, staff determined that time constraints, staffing constraints, and the complexity of the inspections, would only permit twenty-five (25) PUDs to be inspected prior to the June 3rd Board of County Commissioner's Workshop. Findings from the inspected 25 PUDs indicate that; 20% were in compliance, 13% were determined to have substantial compliance requiring minor work, 54% could be brought into compliance but, would require a more substantial amount of work and, 13% were determined to be out of compliance. The annual PUD monitoring reports required by Section 2.7.3.6 of the LDC directs the developedowner or authorized agent of the PUD to complete a form documenting the status of construction inclusive of commitments. The returned reports have varying levels of completion and accuracy. Staff's historic knowledge and experience regarding the monitoring process indicates that the current process needs to be reassessed. Staff recommends the following: Monitoring reports must be accompanied by an affidavit signed by the principal in charge of the project and also signed by the varying project consultants certifying the accuracy of compliance. 2. All subsequent development applications or petitions within a PUD must submit a copy of the latest adopted PUD ordinance. a. Submitted documents must be inclusive of any waivers or deviations from the adopting ordinance that have been negotiated and approved. 3. CDES must assign expanded staff to perform duties and responsibilities that are dedicated to exclusively monitoring PUDs. Comments received from reviewing departments regarding annual monitoring reports, need to be documented, researched and subsequent action taken. b. Devise ways to collect and record monitary commitments at PUD approval. 4. Identify consequences for noncompliance of the approved commitments. a. Re-open PUDs to re-evaluate commitments and all other aspects of the PUD. b. Withhold Building Permits and/or C.O.s until compliance is met. 5. Amend the LDC to require that the owner notify the appointed staff within CDES of the sale or transference of PUD ownership. CDES to develop a process which engages staff to review, the PUD development requirements and commitments prior to the turnover of the property to homeowners associations. -2- FISCAL IMPACT: The complexity of the monitoring issues necessitates an understanding of environmental, transportation, engineering, and planning criteria. To properly monitor the existing PUDs and all future PUDs for commitment compliance, a team structured within CDES is required. Estimated cost and benefits associated with these positions can not be determined until the number of staff is identified. GROWTH MANAGEMENT IMPACT: Pursuant to the Growth Management Plan Overview, Section C (VII) Collier County is required to ensure that adequate service by public facilities must be available at the time of demand by new development. This requirement must be achieved by spacial coordination of public facilities with land uses. RECOMMENDATION: That the Board of County Commissioners consider the findings and recommendations of the audit and provide direction to the Planning Services Department regarding the future monitoring of PUDs. PREPARED BY: IV~YA~N DEVANAS SENIOR PLANNER COMMUNITY PLANNING & REDEVELOPMENT SECTION DATE ¢~'EVIEWED BY: ~ RANDY/C/OHEN, MANAGER "' COMMUNITY PLANNING & REDEVELOPMENT SECTION DATE ~~A~I~EWED BY: '] G/~RJET WUERSTLE, AICP PLANNr'NG SERVICES DEPARTMENT DIRECTOR -3- APPROVED BY: /' ,~r~INISTRATOR (~MMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES -4-