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Agenda 04/05/2004 W COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS WORKSHOP AGENDA April 5, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 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. 2003-53, AS AMENDED, 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 WHO DECIDES TO APPEAL A DECISION OF THIS 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 TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 April 5, 2004 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. Development Timeline Rights of PUDs 3. Adjourn 2 April 5, 2004 NOTICE OF BOARD OF COUNTY COMMISSIONERS WORKSHOP COLLIER COUNTY, FLORIDA MONDAY, APRIL 5, 2004 9:00 A.M. - 12:00 Noon Notice is hereby given that the Collier County Board of County Commissioners will hold a Workshop on MONDAY, APRIL 5, 2004 at 9:00 A.M., in the Board of County Commissioners Boardroom at the Collier County Government Complex, W. Harmon Turner Building, 3r~ Floor, 3301 East Tamiami Trail, Naples, Florida. The Workshop will include, but may not be limited to, the following: Development Timeline Rights of PUDs The meeting is open to the public. Copies of the agenda for said meeting will be made available to the press and may be obtained at the Public Information Office, located on the First Floor of the W. Harmon Turner Building. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the special meeting. All registered public speakers will be limited to five (5) minutes unless permission for additional time is granted by the Chairman. Any person who decides to appeal a 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 to be based. Collier County Ordinance No. 2003-53 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. 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Donna Fiala, Chairman Page 1 of 4 AGENDA ITEM APR O 5 200, EXECUTIVE SUMMARY PRESENTATION OF THE FINDINGS OF THE RESEARCH RELATED TO COLLIER COUNTY'S 334 RECORDED PUDS, INCLUDING IMPLEMENTING ORDINANCES AND SUBSEQUENT AMENDMENTS, AND TO COMPILE THE DOCUMENTED COMMITMENTS TO COLLIER COUNTY STATED IN ITS ADOPTED ORDINANCES AS WELL AS TO ASSESS THE STATUS OF SEVENTY-SIX (76) INSPECTED PUDS FOR THEIR COMMITMENTS RECORDED WITHIN THEIR ORDINANCES SPECIFIC TO: TRANSPORTATION, WATER MANAGEMENT, UTILITIES, ENVIRONMENTAL, LANDSCAPE, HISTORICAL /ARCHAEOLOGICAL, STREET LIGHTS, EMS, PUBLIC PARKS, SCHOOL SITES AND POLLING PLACES; AND TO PUT FORTH RECOMMENDATIONS FOR THE ADMINISTRATION OF FUTURE PUD MONITORING; AND TO ESTABLISH GUIDELINES TO BE UTILIZED BY HOME OWNERS ASSOCIATIONS. 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 seventy-six (76) selected PUDs inspected by Community Development and Environmental Services Division and Transportation Division; and to provide recommendations for future monitoring practices and administration. CONSIDERATIONS: Staff was cha,r~ge~ with the responsibility of obtaining the enacting ordinances and amendments thereto of all 3.~4 'existing County PUDs recorded to date. These ordinances were then reviewed for their 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, which typically appear in the recorded ordinances under the following categories: TRANSPORTATION, WATER MANAGEMENT, UTILITIES, ENViRONMENTAL, LANDSCAPE, HISTORICAL/ARCHAEOLOGICAL, STREET LIGHTS, EMS, PUBLIC PARKS, SCHOOL SITES AND POLLING PLACES and OTHER INFRASTRUCTURE. Report materials necessary to fully evaluate compliance were distributed to representatives from the established inspecting departments. This support documentation included: the listed PUDs for inspection, the master PUD list with commitments summarized, an inspection report form, summaries of the commitments for each of the specific PUDs reviewed, 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. Staff further reassessed the compliance findings made at the completion of two groups of inspections and recognized that specific findings relating to the maintenance of environmentally significant areas such as preserves and littoral zones, and the findings relating to arterial level of lighting. These two concerns should not be used as a factor in identifying the level of compliance but should be held separate as a notation to the developer. The maintenance of established environmental areas and maintaining the project site free of exotics are not development commitments delineated in the PUD Ordinance but are maintenance requirements regulated by the Land Development Code and staff recognizes them in our current report as such. Also, Staff has decided to withhold any comments relating to the appropiate level of arterial lighting until such time as a County standard is developed and recognized throul AGENOA ITEM No. Page 1 of 4 APR 0 5 2004 as the Collier County Arterial Level Lighting Standard. Reconsideration of these two issues changed Staff's past evaluations towards compliance status of the past fifty-one (51) PUDs reviewed. This reassessment by Staff brought eight (8) prior inspected PUDs into compliance. The complete findings are as follows: Findings from the combined seventy-six (76) PUDs inspected record: 23 are in compliance; 20 are in substantial compliance requiring minor work; 27 could be brought into compliance but would require a more substantial amount of work and 6 are out of compliance. Staff further advanced improvements in the monitoring process and in the distributing information pertinent to upholding PUD commitments through the following: The Annual PUD Monitoring Reports, required by Section 2.7.3.6 of the LDC, direct the developer/owner or authorized agent of the PUD to complete a form documenting the status of construction inclusive of commitments, and now requires that an affidavit accompany that Monitoring Report. Section 2.7.3.6. states that the monitoring report shall provide, "[an] affidavit form drafted and supplied by Collier County to be executed by owner (s) of the PUD." These affidavit forms have been prepared and approved by the legal department and are available on the County's Web site. Staff organized a Home Owners Association (HOA) President's Day at Collier County, which was held on March 30, 2004. The invitation extended to all recorded Presidents of Home Owners Associations and to those maintenance companies which were recorded as responsible entities representing the interest of the HOA. The program for the event included speakers from the following Departments; Wastewater, Water, Utilities, Engineering, Emergency Management, Transportation and Environmental Services. (The Program Agenda is attached and the presentation programs are available for review on the County's I Drive, Board Room presentation file, HOA file.) The purpose of developing the program was to establish contact which the HOA Presidents and to take proactive steps in relaying County growth news and information to them. This proactive effort also established points of contacts within the County's various departments where the HOAs could make future inquires. Each presenter committed to offer technical support and guidance prior to the "turn over" process of the PUDs. ADDITIONAL CONSIDERATIONS: Additional concerns have been raised by individual Board members regarding completed projects that have not maximimzed their approved development rights. Issues have been raised with respect to projects that have, for example, "built out" at 700 dwelling units, when they have been authorized for a maximum of 1,000. The concerns are related to both the reservation of infrastructure capacity and the expectations of property owners within a PUD concerning unanticipated development after a project appears to be built out. Staff seeks direction from the Board as to various options to address these concerns and will be prepared to have a preliminary discussion about them in concert with the County Attorney's office at the workshop. Staff recommends that consideration be given and discussion held regarding the following potential solutions: Additional regulations added to all future PUDs to require adherence to a development time schedule. AGENDA ITEM No. Page 2 of 4 APR 0 5 200/t 2. Potential downzoning of developments that have not maximized their allowable density, yet have "built out." 3. Requirements for public hearings for Site Development Plans for projects that have had minimal development activity for a specified period of time. 4. Eliminate the PUD zoning district. Substitute Master Plan approval via the BCC for future PUD development. 5. Potential for forfeiture of excess development rights if not used at the time of buildout or turnover. FISCAL IMPACT: The complexity of 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, an "on call" cross-functional team is needed for each review cycle. The current year's budget assigns a partial contribution of .6 FTE to one full-time employee to supervise and manage the program. The remaining funding for this team continues to be absorbed by Fund 131, Development Services Fees. ZONING AND LAND DEVF~I,OPMENT REVIEW STAFF RECOMMENDATION: Staff recommends to further improve PUD monitoring and its administration through the following outlined items: Futher develop a central processing and recording office to ensure that all and any development agreements, ordinances, and subsequent approvals, inclusive of any waivers or deviations from the adopting ordinance that have been agreed upon, be recorded and held available for Staff and public use. a. Develop the processing procedures for monetary commitments and their recordation. b. Develop forms and standards to fully implement the requirements of the Land Development Code as they relate to transportation concurrency issues and arterial level lighting requirements. c. Develop a process to trace and validate long term commitment compliance agreements between the developer and the County's reviewing departments. i. Establish time frames to correct any deviations that may occur during the implementation of these actions. d. Place the PUD development file in a context that can be applied to a GIS database that could then be referenced by developers and planners. e. Establish a County service for Home Owner Associations that would provide them with guidelines for their utilization prior to the turnover of common properties. o Future reports of the PUD Audit be prepared and presented as quarterly reports to the Board of County Commissioners, County Manager, and the Administrator of the Community Development and Environmental Services Division. In regard to the "built out" issues, direct staff to amnd the LDC to require that future PUDs adhere to a specific development time schedule and provide direction to staff regarding existing PUDs that have failed to maximize their allowable density and/or intensity. Page 3 of 4 AGENDA ITElvt No. APR 0 5 200q PREPARED BY: MCARYd~NN DEVANXS, SENIOR PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED l~Y: §US~/N ~MI~Y, AIC~, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY j(~ , . v TRATOR ~OMMUNITY DEVELOPMENT & ENVIRONMENTAL ~ERVICES DIVISION DATE" G:\Current\TEMPLATESkExSum template drag.doc Page 4 of 4 AGENDa' NO. APR 0 5 , , p~. /~7// Agenda HOA Presidents Meeting with Collier County March 30, 2004 Board Room 8:30 AM - 12:30 PM 8:30-8:45 8:45-9:15 9:15-10:00 10:00-10:15 Introduction Overview of PUD's Water & Recycling Lift Station Landscaping Irrigation / Water Source Trash Collection Engineering - Stormwater Lea Ochs, Jr., Deputy County Manager Joseph Schmitt, Administrator CDES Joe Cheatham, Wastewater Dept. Director Paul Mattausch, Water Dept. Director John Yonkosky, Director, Utility Billing & Customer Service Stan Chrzanowski, Senior Engineer Break ( 10:15- 10:30 ) 10:30-11:00 11:00-11:30 11'30-11:40 11:40-12:10 12:10-12:30 Emergency Management interface Dan Summers, Director, Emergency Management Association Vigilance Environmental Issues Edward Kant, Director, Transportation Operations/Development Review/ROW Permitting and Inspection Steve Lenberger, Environmental Specialist Code Enforcement Q & A and Closing Remarks Summer Brown, Environmenta__l Specialist AGENOA ITEM Zoning and Land Development Review APR 0 5 2004 R "aS B PLANNED UNIT DEVELOPMENTS, COMMERCIAL AND .... :~ INDUSTRIAL ZONING', STAFF WORK MAP W~.STERN COLLIER COUNTY L. EGEND PLANNED UNIT DEVELOPMEN1 PUB COMMERCIAl PUD INDUSTRIAL PUD SELECTED FOR COMMITMENT INSPECfION INDUSTRIAL COMMERCIAL GOLDEN GATE ESTATES GOLDEN GATE CITY [] INCORPORATED SCALE ~ · = 4000' PUDs selected for Commitment Inspection 1. 300 Acre Goodlette Road 2. Boyne South 3. Cocohatchee Bay 4. Collier Blvd. Commercial Center 5. Collier DRI 6. Crystal Lake 7. Cypress Glen 8. Golden Gate Commerce Park 9. Heritage Bay 10. Lely Barefoot Beach 11. Magnolia Pond 12. Moorings Park Estates 13. Naples Botanical Gardens 14. Naples Gateway 15. Naples Reserve C.C. 16. Parklands 17. San Marino 18. Tuscany Reserve / Ronto Livingston 19. Vanderbilt C.C. 20. Walnut Lakes 21. West Crown Point 22. Whippoorwill Woods 23. Wilshire Lakes 24. Windstar 25. Wyndemere BUILT OUT BUILT OUT BUILT OUT BUIT OUT _~o ~ X X ~ X z ~ ~ °=8 8 o '~ Z ~ ~ ~ O~ ~w--Oo~>~ ~ ~ E ~=~ .- ~-~ ~'~ =E~c E~'c ~ ~E~ ~ o~o o~O~o~ o - § ._~ 5 ~ ~o~ ~ ~o Community Development & Environmental Services Division Department of Zoning and Land Development Review BUILT OUT PUD's The following PUD files contain a built-out memo: APRIL CIRCLE (WINDSONG Apts.) 1 ARBOR TRACE 2 ARETE/NAPLES NATION GOLF & COUNTRY CLUB 3 ASHLEYS GAS STATION 4 BEAR CREEK 5 BRIGHTON GARDENS 6 CAY LAGOON 7 CHESHIRE ARMS APTS. 8 CITRUS GARDENS (LAKESIDE) 9 10 COLLEGE PARK COURTHOUSE SHADOWS 11 COVENTRY SQUARE (DAYS INN) 12 CRESCENT LAKES 13 CRICKET LAKE 14 CROWN POINTE 15 CRYSTAL LAKE RESORT 16 CYPRESS GREEN APTS. 17 DAVID A. GALLMAN (HERON PARK APARTMENTS) 18 DEVOE PONTIAC 19 EAST NAPLES COMMUNITY PARK 20 EAST TOLL PLAZA 21 EMERALD LAKES 22 FALLS OF NAPLES (PINE RIDGE CROSSINGS) 23 FALLS (THE) OF NAPLES 24 FORD TEST CENTER 25 FOREST LAKES HOMES 26 27 FOXFIRE 28 FP&L GARDEN LAKE APARTMENTS 29 GOLDEN GATE VILLAS 30 GREEN BOULEVARD 31 HUNTINTON (PROJECT NAME: HUNTINGTON LAKES) 32 HUNTINGTON WOODS (AMERICAN LUTHERAN CHURCH 33 IMPERIAL WEST 34 ISLAND WALK 3.8.04 35 KELLER ENTRY (WILD PINES) 36 KEYSTONE PLACE 37 KING'S LAKE 38 LAGO VERDE A.K.A. QUEENS PARK 39 LAKE AVALON A.K.A. SUGDEN REGIONAL PARK 40 LELY BAREFOOT BEACH CONDOMINIUM 41 LEI,Y COUNTRY CLUB 42 LELY PALMS OF NAPLES 43 I,ELY SQUARE 44 LITTLE HICKORY BAY 45 LOCH RIDGE (KINGSWOOD GARDEN) 46 MAPLEWOOD 47 MARKER LAKE VILLAS 48 MEADOW BROOK ESTATES 49 MONTEREY 50 MOORING PARK ESTATES (NORTHGATE VILLAGE) 51 NAPLES BATH & TENNIS CLUB 52 NAPLES HERITAGE 53 NAPLES JAYCEES CLUBHOUSE 54 NAPLES NATIONAL GOLF CLUB 55 NORTHSHORE LAKE VILLAS 56 OSPREY'S LANDING 57 PARKWAY PROMENADE 58 PARK SHORE 59 PAVILION LAKE (PAVILION CLUB) 60 PAVILION SHOPPING CENTER 61 PELICAN LAKE (SOUTHWOODS) 62 PINE RIDGE MEDICAL OFFICE CENTER 63 PINEBROOK LAKE (PINEBROOK LAKE APARTMENTS) 64 PIPER BOULEVARD MEDICAL 65 PLANTATION 66 PLAZA 21 67 PRICE 68 PRINCESS PARK (KING RICHARD'S) 69 QUAIL lI (QUAIIJ CREEK VILLAGE) 70 REGENCY AUTOHAUS 71 REGENT PARK 72 RELATED GROUP 73 RETREAT AT NAPLES 74 75 RIVER RF, ACH RIVERBEND (SOLD TO STATE OF FLORIDA) 76 RIVIERA GOLF ESTATES 77 ROYAL WOOD GOLD & COUNTRY CLUB 78 79 SABAL LAKES 80 SANDERS PINES 81 SAXON MANOR 82 SLEEPY HOI,1,OW 83 SOUTHHAMPTON 84 SOUTHPOINTE YACHT CLUB 85 SPRINGWOOD ST. JOHN EVANGELISTIC CATHOLIC CHURCH 86 ST. PETER'S CATHOLIC CHURCH 87 SUMMER GLEN APARTMENTS 88 SUMMERWIND (WOODSIDE APARTMENTS) 89 9O SUMMERWOOD (TIMBERLAKE) 91 TIMBERWOOD (OXFORD VILLAGE) 92 TOLL PLAZA RV PARK (NAPLES RV RESORT) 93 TREE TOPS 94 US 41/WIGGINS PASS VANDERBILT VILLAS 95 VANDERBILT COUNTRY CLUB 96 97 VICTORIA FALLS (PATTISON) 98 VILLAGE PLACE 99 WATERGLADES 100 WEST CROWN POINTE 101 WHISTLER'S COVE 102 WHITTENBURG (VICTORIA LANDING) 103 WIGGINS BAY 104 WIGGINS LAKE 105 WILDERNESS 106 WILLOUGHBY GARDENS 107 WINDSONG 108 WINTER PARK WINTER PARK NORTH 109 WOODSIDE LANES 110 WYNDEMERE 111 Updated/JW/3.29.04 COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION TO: Mary Ann Devanas, PUD Commitment Coordinator FROM: DATE: Joyce Ernst, Current Planning March 29, 2004 IPUD SUNSETTED PROJECTS UPDAT4 The following PUD zoned projects have sunsetted: PROJECT NAME ORDINANCE NUMBER *clesen PUD 98-10 *Crestwood 90-7 Garden Walk Village 96-04 Miceli 84-71 & 92-62 ***Myrtle Woods 81-23 Orange Blossom Gardens 92-75 Parkway Place 95-14 Stiles 97-74 Sunshine Village 93-92 VFW 75-29 Waterford Estates 91-31 LOCATION 7-49-26 30-48-26 11-47-29 29-50-26 29-50-26 1-49-25 28-49-26 30-48-26 2-49-25 6-29-26 9,15-50-26 This PUD has been added to the list on June 6, 2003 Youth Haven 89-12 17-50-26 Additional PUD's per Memo sent Sept. 17, 2003 Parkway Center 95-10 Cocohatchee River Trust 88-30 Krehling Industries 82-120 Sungate Center 95-42 28-49-26 date 1128103 21-48-25 date 7~25~03 15-48-25 date 7~25~03 15-49-25 date 6120103 NOTES: * Amendments are pending, but no development approvals can be granted until the amendments are approved. *** A petition to rezone to C-5 is pending via AR-3980 Highlighted items reflects projects added since the 4/15/03 update STAFF SHOULD NOT ACCEPT ANY PETITION THAT WOULD RESULT IN DEVELOPMENT APPROVALS FOR A SUNSETTED PUD. PRIOR TO PRE-APPLICATION MEETINGS OR RELEASING GENERAL INFORMATION REGARDING AN OLDER PUD, STAFF SHOULD VERIFY THE STATUS OF PUD ZONED PROJECTS TO ENSURE THAT THE PUD ZONING HAS NOT SUNSETTED. F:\MEMORANDUM to advise of sunsetted PUDS