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Agenda 09/26/2017 Item #17A09/26/2017 EXECUTIVE SUMMARY Recommendation to approve a resolution designating the Close-Out of the adopted Balmoral Planned Unit Development (PUD) which has fulfilled all of their commitments within their development orders except for one transportation commitment remaining which will be tracked through the Commitment Tracking System. [PL20160000605] OBJECTIVE: To have the Board of County Commissioners (Board) approve by resolution the Close-out of Balmoral PUD such that this PUD will have all commitments, except one transportation commitment, deemed completed or no longer necessary and waived in accordance with Section 10.02.13.F of the Land Development Code (LDC), relinquish 24 unbuilt dwelling units and be relieved of their Annual Monitoring responsibilities as defined by Section 10.02.13.F of the Land Development Code (LDC). CONSIDERATIONS: Staff seeks the approval of the Balmoral PUD Close-Out resolution so that the PUD is designated, without uncertainty, as “complete,” “built-out” and/or “closed-out” and once approved will be certified as having met its commitments or having unwarranted commitments waived by the Board due to the circumstances presented. The one remaining transportation commitment will still be in effect and will be tracked through the Commitment Tracking System (CTS). The following commitment remains: Within 90 days of the approval date of the Balmoral PUD, the petitioner, its successors or assigns, shall provide the southernmost 15 feet to meet immediate utility needs. (Completed) In the event that the east- west Green Blvd Extension is four laned, the 12-inch water main shall be relocated out of the median and into a dedicated Collier County utility easement according to Collier County ordinance standards at the expense of the developer. (Incomplete) LDC Section 10.02.13.F.5 stipulates 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 approval.” The Balmoral PUD has requested they be released from one transportation commitment for a second access point within their PUD. The commitment states: A secondary access location may be required to be located along the proposed Green Boulevard Extension roadway located along the parcel’s southern property line a minimum of 500 feet east of Livingston Road and a minimum of 670 feet west of the parcel’s eastern property line. In the event that the Green Boulevard Extension is not funded for construction at the time Tracts R-3 and R-4 are proposed for site development plan or preliminary subdivision plan review, then the secondary access point shall be provided from Whippoorwill Lane. Other than as prescribed in the Stipulated Final Judgment, Collier County has the right to modify or change any median treatment on the public road system and other than those points of access required by the Judgment; there is no vesting of number, type or location of access points. Staff recommends that the PUD be released from a second transportation commitment. The commitment to construct a portion of “Green Boulevard Extension”. This portion of road was constructed by Marbella Lakes and therefore is deemed unnecessary. This commitment states: The Developer may construct all or part of the proposed Green Blvd Extension roadway connecting Livingston Road and shall also be responsible for all necessary permitting. Impact fee credits or other funding shall only be available if the roadway, or portion thereof, is constructed to County design standards for a collector road under County ordinances and policies and is not a site related 17.A Packet Pg. 3375 09/26/2017 improvement. The entrance for the east-west collector road shall be located no closer than 500 feet from Livingston Road. Once the interests of any easement holder or lien holder are subordinated or released relative to the Kensington drainage outfall ditch, the developer may cover and bury the pipes to construct the collector road within the easement. Valuation of the conveyance shall be as set forth in Section 2.2.20.3.7 of the Land Development Code. PUD Monitoring has established procedures whereby a final determination of compliance was rendered by the Division Administrators, who reviewed and approved their staff’s findings and approved through their signatures the PUD’s compliance and built-out status. The Balmoral PUD summary of development and compliance with the developer commitments follows: Ordinance: 02-43 Ordinance Authorized: 236 Dwelling Units Recorded Built Out: 212 Dwelling Units Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as built-out. The PUD has requested to go through the built out process. Approvals: Engineering Administrative reviews and approval Granted by: Matthew McLean Environmental Administrative reviews and approval Granted by: Matthew McLean Impact Fees Administrative reviews and approval Granted by: Amy Patterson Planning Administrative reviews and approval Granted by: Michael Bosi Super. of Elections Administrative reviews and approval Granted by: Jennifer Edwards Transportation Administrative reviews and approval Granted by: Amy Patterson Public Utilities Administrative reviews and approval Granted by: Dr. George Yilmaz After the final determination of Close-Out is rendered by the Board of County Commissioners, this Closed-Out PUD will be eliminated from any further demands for commitment contributions or assessment of commitment compliance by staff except for the one transportation commitment that will be tracked through CTS, the 24 unbuilt dwelling units are relinquished and the PUD will remain Closed-Out until subsequent action is approved by the Board of County Commissioners as an amendment specific to the PUD. Any future PUD amendments will then return the PUD to an active status for monitoring. FISCAL IMPACT: The Close-Out of the Balmoral PUD will have no fiscal impact on the County. The application fee submitted has been applied to the staff hours allocated to the preparation 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. 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: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This Executive Summary has been reviewed as to form and legality. A majority vote is required for approval. - HFAC RECOMMENDATION: To approve the Resolution and authorize the Chairman to sign the Resolution 17.A Packet Pg. 3376 09/26/2017 for Close-Out of the PUD which has been verified as in full compliance with the exception of one outstanding commitment and directs that the one commitment be kept and tracked by staff through the use of the Commitment Tracking System Program. Prepared by: Laurie Beard, Project Manager, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Resolution - 080117 (PDF) 2. Close Out Application (PDF) 3. HOA Request to Release Commitment (PDF) 4. Legal ad Balmoral (PDF) 5. Legal Ad - Agenda ID 3554 (PDF) 17.A Packet Pg. 3377 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 3554 Item Summary: Recommendation to approve a resolution designating the Close-Out of the adopted Balmoral Planned Unit Development (PUD) which has fulfilled all of their commitments within their development orders except for one transportation commitment remaining which will be tracked through the Commitment Tracking System. [PL20160000605] Meeting Date: 09/26/2017 Prepared by: Title: Project Manager – Capital Project Planning, Impact Fees, and Program Management Name: Laurie Beard 08/02/2017 9:22 AM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 08/02/2017 9:22 AM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 08/07/2017 3:29 PM Zoning Michael Bosi Additional Reviewer Completed 08/08/2017 9:09 AM Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 08/09/2017 9:47 AM Growth Management Department Matthew McLean Additional Reviewer Completed 08/09/2017 2:28 PM Public Utilities Department George Yilmaz Additional Reviewer Completed 08/14/2017 4:09 PM Growth Management Department Judy Puig Additional Reviewer Completed 08/14/2017 4:22 PM Growth Management Department Judy Puig Additional Reviewer Skipped 08/14/2017 4:13 PM Growth Management Department James French Additional Reviewer Completed 08/14/2017 6:19 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/22/2017 5:15 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/23/2017 9:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/23/2017 9:41 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 08/23/2017 4:14 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:14 PM Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM 17.A Packet Pg. 3378 17.A.1 Packet Pg. 3379 Attachment: Resolution - 080117 (3554 : Balmoral Close Out) 17.A.1 Packet Pg. 3380 Attachment: Resolution - 080117 (3554 : Balmoral Close Out) 17.A.2Packet Pg. 3381Attachment: Close Out Application (3554 : Balmoral Close Out) 17.A.2Packet Pg. 3382Attachment: Close Out Application (3554 : Balmoral Close Out) 17.A.2Packet Pg. 3383Attachment: Close Out Application (3554 : Balmoral Close Out) 17.A.3Packet Pg. 3384Attachment: HOA Request to Release Commitment (3554 : Balmoral Close Out) NOTICE OF HEARING TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, September 12, 2017 in the Board of County Commissioners Meeting Room, Third Floor, Collier County Government Center, 3299 Tamiami Trail East, Naples, FL., the Board of County Commissioners (BCC) 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: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO CLOSE- OUT THE BALMORAL PLANNED UNIT DEVELOPMENT WHICH HAS FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS DEVELOPMENT ORDER(S) AND HAS BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE TRACKED THROUGH THE COMMITMENT TRACKING SYSTEM (CTS). The PUD is located in Collier County, Florida on the east side of Livingston Road and the west side of Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, consisting of 58.95 acres. A copy of the proposed Resolution is on file with the Clerk to the Board and is 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 Manager prior 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 recognized 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 considered 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 record. Any person who decides to appeal any decision of the Board will 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 based. 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 Co unty Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 17.A.4 Packet Pg. 3385 Attachment: Legal ad Balmoral (3554 : Balmoral Close Out) 17.A.5 Packet Pg. 3386 Attachment: Legal Ad - Agenda ID 3554 (3554 : Balmoral Close Out)