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Agenda 04/09/2013 Item #17B 4/9/2013 17.B. EXECUTIVE SUMMARY Recommendation to approve a resolution designating the Close-Out of three (3) adopted Planned Unit Developments (PUDs) which have fully completed all or portions of their development and have constructed up to the authorized density and/or intensity,and have been found by county staff to have only one relevant transportation commitment remaining. OBJECTIVE: To have the Board of County Commissioners (Board) approve by resolution the Close-out of three Planned Unit Developments such that these PUDs will have all commitments, except one transportation commitment, deemed completed or no longer necessary and waived in accordance with Section 10.02.13.F.5 of the Land Development Code (LDC) and be relieved of their Annual Monitoring responsibilities as defined by Section 10.02.13.F of the LDC. CONSIDERATIONS: 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 future development rights for density and/or intensity within a Closed-Out PUD the Board shall approve a PUD amendment which shall return the PUD to an active status for monitoring purposes and require the PUD to be compliant with the reporting responsibilities of the Land Development Code Section 10.02.13.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 will be certified as either: having met their commitments or having commitments deemed to be no longer necessary 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). Wiggins Bay PUD is included in the attached Resolution but will not be considered fully built out as there remains a portion of the PUD which is not fully built out, yet other portions of the PUD are fully built out and would otherwise be denied the opportunity to be considered "built out." Frequently, these situations concern the residential portion of the PUD being fully built out, yet the developer has not utilized all of the square footage permitted for commercial development and is unwilling to forego the unused square footage. However, it should be noted that the reporting requirement is perfunctory and provides no significant benefit to the owner and the County. 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." Some of the commitments considered no longer necessary are such because of the following circumstance: due to the passage of time we are no longer able to request internal sidewalks be installed (Wiggins Bay PUD). For the PUDs listed below, procedures were established 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. Packet Page -1503- 4/9/2013 17.B. Each of the PUDs listed below has an accompanying build-out and compliance summary as provided in Table 1. 1. Sterling Oaks 2. Wiggins Bay 3. Wildwood Estates After the final determination of Close-Out is rendered by the Board these Closed-Out PUDs will be eliminated from any further demands for commitment contributions or assessment of commitment compliance by staff except for the one transportation commitment in each PUD that will be tracked through CTS and the PUDs will remain Closed-Out until subsequent action is approved by the Board as an amendment specific to each PUD. The PUD amendment will then return the PUD to an active status for monitoring. Of the three PUDs recommended for Close-Out, one has been found to be fully developed and compliant with their developer commitments and two have commitments deemed not necessary or unwarranted, which if the Board agrees with staff's findings may be waived in accordance with Section 10.02.13.F.5. All three PUD's have one remaining transportation commitment. Except for the Sterling Oaks PUD which applied for the Close-out process, staff requests that the Board waive the application fees established for the reviews and the processing of these selected PUDs for the following reasons: 1. The initiated process for closing out PUDs was at the Board's direction. 2. 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, paperwork and mailing costs allocated to the selection and preparing of the PUD documents for verification reviews and for the presentation to the Board. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. A majority vote is required for approval.- ERP RECOMMENDATION: Staff recommends that the Board approve: 1. The Resolution and authorize the Chairwoman to sign the Resolution for Close-Out of the following PUDs which have been verified as in full compliance with the exception of one outstanding commitment and recommends that the one commitment be kept and tracked through the use of the Commitment Tracking System Program: Packet Page -1504- 4/9/2013 17.B. Sterling Oaks, (Ordinances 81-80, 92-79, 93-06, 98-27), with a recommendation to keep: • Fair share contribution toward the capital cost of a traffic signal at any project entrance and any costs associated with the intersection improvement. Wiggins Bay, (Ordinance 82-121),with a recommendation to keep: • The 3.47 acres of commercial use for future construction. • Fair share contribution towards the capital cost of traffic signals at points of access to the project. • Commitments to be waived: Installation of sidewalks internal to the project and turn lanes into the commercial parcel. (Turn lanes are reviewed and required as part of the Right-of-Way Ordinance.) Wildwood Estates, (Ordinance 81-27),with a recommendation to keep: • Fair share contribution of a traffic signal at the project's entrance. 2. Staff recommends that the Board waive the application fees established for all of the PUDs listed above, except for the Sterling Oaks PUD. Prepared By: Laurie Beard, PUD Monitoring Coordinator, Growth Management Division, Planning&Regulation, Engineering Services Attachments: Table 1, Resolution 13-CHID-00095/6 Packet Page-1505- 4/9/2013 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. Item Summary: Recommendation to approve a resolution designating the Close-Out of three (3) adopted Planned Unit Developments (PUDs) which have fully completed all or portions of their development and have constructed up to the authorized density and/or intensity, and have been found by county staff to have only one relevant transportation commitment remaining. Meeting Date: 4/9/2013 Prepared By Name: BeardLaurie Title:Planner,Transportation Planning 3/6/2013 8:43:07 AM Approved By Name: JarviReed Title:Transportation Planning Manager, GMD Date: 3/6/2013 10:50:56 AM Name: McKennaJack Title:Manager-Engineering Review Services,Engineering&Environmental Services Date: 3/7/2013 3:56:27 PM Name: LorenzWilliam Title:Director-CDES Engineering Services,Comprehensive Date: 3/9/2013 10:00:18 AM Name: ChmelikTom Title: Director,Public Utilities Engineering Date: 3/15/2013 2:41:38 PM Name: PuigJudy Title: Operations Analyst,GMD P&R Date: 3/15/2013 4:16:27 PM Name: MarcellaJeanne Packet Page-1506- 4/9/2013 17.B. Title:Executive Secretary,Transportation Planning ookk Date: 3/20/2013 4:36:49 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 3/21/2013 4:15:04 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 3/27/2013 12:29:46 PM Name: KlatzkowJeff Title: County Attorney Date: 3/28/2013 2:08:25 PM Name: OchsLeo Title: County Manager Date: 3/30/2013 5:28:25 PM Packet Page -1507- 4/9/2013 17.B. Table 1 Sterling Oaks PUD Ordinance Authorized: 738 Dwelling Units and Industrial Uses Recorded Build-Out: 736 Dwelling Units and Zero Industrial Uses Memorandum of Built-Out: None filed. The PUD has requested to go through the built out process. Approvals: Engineering Administrative reviews and approval Granted by: William Lorenz Environmental Administrative reviews and approval Granted by: William Lorenz Planning Administrative reviews and approval Granted by: William Lorenz Elections Administrative reviews and approval Granted by: Jennifer Edwards Transportation Administrative reviews and approval Granted by: Norm Feder Public Utilities Administrative reviews and approval Granted by: Tom Chmelik Comments: Remaining entitlement: Two dwelling units and the industrial uses. Transportation has asked to keep the following commitment: The developer shall provide a fair share contribution toward the capital cost of traffic signals at any project entrance. In addition, any costs associated with signing, striping, strain pole replacement (including additional right-of-way from the developer), adjustment to existing turn lane, and similar expenses are all considered part of the fair share contribution. Wiggins Bay PUD Ordinance Authorized: 693 Multi-Family Dwelling Units & 3.47 Acres of Commercial Use Recorded Build-Out: 587 Multi-Family Dwelling Units & keeping the 3.47 Acres of Commercial Use Memorandum of Built-Out: None filed. The residential section of the PUD has been identified as built-out. Approvals: Environmental Administrative reviews and approval Granted by: William Lorenz Transportation Administrative reviews and approval Granted by:Norm Feder Public Utilities Administrative reviews and approval Granted by: Tom Chmelik Comments: Remaining entitlement: One hundred and six (106) dwelling units. The commercial portion of the PUD will be allowed to keep the remaining 3.47 acres of commercial use for future construction. Transportation has asked to keep the following commitment: The developer or his successor in title shall provide fair share contributions toward the capital cost of traffic signals at points of access to the project when deemed warranted by the County Engineer. The commitment for turn lanes at the commercial entrance has been waived by transportation. If and when the commercial parcel applies for their site development plan, the need for turn lanes will be determined at that time. This is a part of the site development plan review. Wildwood Estates PUD Ordinance Authorized: 710 Dwelling Units & 3 Acres of Commercial Use Recorded Build-Out: 652 Dwelling Units & 3 Acres of Commercial Use Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as built-out. Packet Page-1508- 4/9/2013 17.B. Approvals: Engineering Administrative reviews and approval Granted by: William Lorenz Fire Code Administrative reviews and approval Did not respond. Transportation Administrative reviews and approval Granted by:Norm Feder Public Utilities Administrative reviews and approval Granted by: Tom Chmelik Comments: Remaining entitlement: Fifty-eight (58) dwelling units. Transportation has asked to keep the following commitment: Subject to FDOT approval, the developer shall pay his appropriate share as determined by the County Engineer for cost of the installation of a traffic signal on Davis Boulevard when deemed warranted by the County Engineer. The commitment for internal sidewalks is being waived by engineering. A site inspection showed approximately 85% of the sidewalks were installed. We are unable to request the sidewalks be added due to the age of the completed development. Packet Page-1509- , 4/9/2013 17.B. RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CLOSING THREE (3) APPROVED PLANNED UNIT DEVELOPMENTS: STERLING OAKS, WIGGINS BAY, AND WILDWOOD ESTATES, WHICH HAVE FULLY COMPLETED ALL OR AN INDEPENDENT PORTION OF DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS AND/OR HAVE BEEN FOUND BY COLLIER COUNTY TO HAVE ONLY ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE TRACKED THROUGH THE COMMITMENT TRACKING SYSTEM (CTS). 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 will become unnecessary upon approval of this Resolution; and WHEREAS, the two of the three Planned Unit Developments have explicitly complied with each and every developer commitment except for one remaining transportation commitment each- a fair share contribution toward the cost of a traffic signal(s). The Planned Unit Developments have been reviewed by the County for compliance with their original commitments and, after initial review, potential incomplete commitments have been found by County staff to be no longer necessary; and WHEREAS, the Wiggins Bay PUD is built out except as to the commercial portion of the PUD; and WHEREAS, Section 10.02.13.F.5 requires that a release of PUD commitments determined to be no longer necessary be approved by the Board of County Commissioners. NOW THEREFORE, BE IT RESOLVED 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: Sterling Oaks (Ords. 81-80, 92-79, 93-06, 98-27), Wiggins Bay(Ord. 82-121), and Wildwood Estates (Ord. 81-27). IT IS FURTHER RESOLVED, that the commercial portion of the Wiggins Bay PUD be kept for purposed of tracking commitments pursuant to Section 10.02.13.F. 1 of 2 Packet Page -1510- 4/9/2013 17.B. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: B Y• ,Deputy Clerk GEORGIA A. HILLER, ESQ., Chairwoman Approved as to form and legal sufficiency: Emily R. P!sin Assistant County Attorney 2 of 2 Packet Page-1511- 4/9/2013 17.B. 32D)) Wednesday, March 20,2013 )) NAPLES DAILY NEWS NOTICE OF MEETING NOTICE OF MEETING NOTICE OF HEARING TO CONSIDER RESOLUTION Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners at 9:00 A.M.Tuesday,April 9,.2013 in the Board of County Commissioners Chambers, 3rd Floor, County Government Center, 3299 East Tamiami Trail,Naples,Florida,to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING THREE (3) APPROVED PLANNED UNIT DEVELOPMENTS: STERLING OAKS, WIGGINS BAY, AND WILDWOOD ESTATES, WHICH HAVE FULLY COMPLETED ALL OR AN INDEPENDENT PORTION OF DEVELOPMENT PURSUANT TO ' THEIR DEVELOPMENT ORDERS AND/OR HAVE BEEN FOUND BY COLLIER COUNTY TO HAVE 'ONLY ONE TRANSPORTATION COMMITMENT REMAINING WHICH WILL BE TRACKED THROUGH THE COMMITMENT TRACKING SYSTEM. The three PUDs are located in Collier County,-Florida and are listed by their approved name with their locations described below: • STERLING OAKS: Located immediately to the south of.the Lee County line between US-41 and Old US-41, Sections 9 and 10, Township 48 South, Range 25 East, consisting of 248 acres. WIGGINS BAY: Located on the SE corner at Wiggin's Pass Road and Vanderbilt Drive,Section 16,Township 48 South,Range 25 East,consisting of 148 acres. • WILDWOOD ESTATES: Located on the north side of Davis Blvd east of Santa Barbara • Blvd,Section 4,Township 50 South,Range 26 East,consisting of 60 acres. • All interested parties are invited to appear and be heard. A copy of the proposed Resolution is on file and available for inspection at the Collier County Clerk's Office; 4th floor, Administration Building, Collier County Government Center; East Naples, Florida; and the Land Development Services Department, Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Any questions pertaining to these documents should be directed to the Land Development Services Department. (239-252-2387). NOTE: All persons wishing to speak on any agenda item must register with the County administrator 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 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. -If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he 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. 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 3335.Tamiami Trail East, Suite#101, Naples, FL 34112-5356, (239) 252-8380, 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 GEORGIA A.HILLER,ESQ.,CHAIRWOMAN • DWIGHT E.BROCK,CLERK By:Teresa Cannon,Deputy Cierk(SEAL) Marrh20.2013 No.1982151 •• • Packet Page -1512-