Agenda 06/25/2013 Item #16A 5/,-1
6/25/2013 16.A.5.
EXECUTIVE SUMMARY
Recommendation to consider the annual traffic count payments as fulfilled within the Vineyards
PUD based upon changes to'the Land Development Code.
OBJECTIVE: To review staff's recommendation regarding the fulfillment of a Planned Unit
Development (PUD) commitment for annual traffic count payments by Vineyards PUD.
CONSIDERATIONS: The Vineyards Development Order Number 06 -01 amends Development
Order Number 85 -02 with the addition of the following language to the Alternatives Section of
Paragraph 4, Transportation of Section 4.C:
In lieu of the requirement in Development Order 85 -2, Section 4.C.4.a that requires the
Developer to submit an annual traffic monitoring report, the Developer shall pay the County the
sum of $21,600 to be applied for the purchase of permanent year round count stations on those
portions of the roadway network on which the Vineyards Development has significant impacts.
This payment is for calendar years 2006, 2007, and 2008 and shall be paid to the County upon
the adoption of this Development Order Amendment. Should the Vineyards Development not
achieve build -out by the end of year 2008, and then the Developer shall pay to the County the
sum of $7,200 for each calendar year after 2008 that the development does not reach build -out
status. These annual payments shall be paid to the County on the anniversary date of adoption
of this amendment to this Development Order.
The Vineyards has made annual payments totaling $50,400. This includes the original $21,600
and annual payment of $7,200 from 2009 through 2012.
Staff and the Developer agree that the commitment has been fulfilled through the payment in lieu
process for permanent count stations for the portions of the roadway network on which the
Vineyards Development has significant impacts. The Developer has therefore asked staff to
place this request on a regularly scheduled Board agenda for consideration.
In 2012, a change was made to the Land Development Code (LDC) regarding traffic counts.
Ordinance Number 12 -38 states:
Traffic Count. Monitoring requirements. A onetime payment for permanent traffic count stations
shall be due at the time of the first PUD Annual Monitoring Report following the first certificate
of occupancy within the PUD. The payment shall be based upon the number of ingress and/or
egress points (Access Points) based upon the conceptual Master Plan within the PUD
Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Points
are granted at any time, an additional payment of $500 per Access Point will be payable with the
following Annual Monitoring Report. The Traffic Count monitoring requirement shall be
considered fulled for all PUDs that have already provided at least one traffic count or
payment in lieu of traffic counts. PUDs that have traffic count monitoring language tied to
speck commitments within their ordinances shall remain in effect.
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6/25/2013 16.A.5.
With the change in the LDC, staff believes that the Vineyards should be considered to have
fulfilled the traffic count monitoring requirements based upon the previous payments made to the
County.
FISCAL IMPACT: There are no negative fiscal impacts should the Board of County
Commissioners (BCC) approve the Developer's request.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority support for approval. -JAK
RECOMMENDATION: That the BCC acknowledge that the payment in lieu of traffic counts
satisfies the intent of Development Order 06 -01, Alternatives Section of Paragraph 4,
Transportation of Section 4.0 and direct the County Manager or his Designee to notify the
Developer that the commitment has been fulfilled.
Prepared by: Laurie Beard, PUD Monitoring Coordinator, Engineering Services Department,
Growth Management Division, Planning & Regulation
Attachments: 1) Development Order 06 -01; 2) Ordinance 12 -28
i"1
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6/25/2013 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to consider the annual traffic count payments as
fulfilled within the Vineyards PUD based upon changes to the Land Development Code.
Meeting Date: 6/25/2013
Prepared By
Name: BeardLaurie
Title: Planner,Transportation Planning
5/24/2013 9:03:04 AM
Approved By
Name: JarviReed
Title: Transportation Planning Manager, GMD
Date: 5/24/2013 10:42:59 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/29/2013 1:37:57 PM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 6/3/2013 2:07:36 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/6/2013 11:35:00 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/7/2013 5:49:44 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/12/2013 2:16:39 PM
Packet Page -397-
Name: OchsLeo
Title: County Manager
Date: 6/14/2013 4:26:50 PM
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6/25/2013 16.A.5.
6/25/2013 16.A.5.
DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDER AMENDMENT
FOR
THE VINEYARDS OF NAPLES
DRIDOA- 2005 -AR -8113
RESOLUTION NO. 06 Aq
DEVELOPMENT ORDER NO. 06-01
A RESOLUTION AND DEVELOPMENT OF REGIONAL
IMPACT DEVELOPMENT ORDER AMENDMENT OF
THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING
DEVELOPMENT ORDER NUMBER 85 -02, AS AMENDED,
FOR THE VINEYARDS OF NAPLES TO AMEND THE
ALTERNATIVES SECTION OF PARAGRAPH 4,
TRANSPORTATION, OF SECTION 4.C., SOUTHWEST
FLORIDA REGIONAL PLANNING COUNCIL
RECOMMENDATIONS, TO ADD A NEW
SUBPARAGRAPH PROVIDING FOR THE PAYMENT OF
SPECIFIED SUMS TO THE COUNTY FOR PERMANENT
TRAFFIC COUNTING STATIONS AND TO EXTEND THE
DRI DEVELOPMENT ORDER TERMINATION AND
BUILD-OUTDATE FROM MAY 7, 2005 TO MAY 6, 2010
TO ALLOW COMPLETION OF ON -GOING AND
PLANNED CONSTRUCTION, WHICH DEVELOPMENT IS
�\ LOCATED IN SECTIONS 1 THROUGH 5, TOWNSHIP 49
SOUTH, RANGE 25 EAST, AND SECTION 6, TOWNSHIP
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; FINDING AND DETERMINING THAT THE
PROPOSED CHANGES TO THE PREVIOUSLY
APPROVED DEVELOPMENT ORDER DO NOT
CONSTITUTE A SUBSTANTIAL DEVIATION;
PROVIDING FOR FINDINGS OF FACT; CONCLUSIONS
OF LAW; AND EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida, approved
Development Order Number 85 -2, as amended, on May 7, 1985, which approved a
Development of Regional Impact (DRI) known as the Vineyards of Naples; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order; and
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth in Exhibit "A" to the Development Order; and
WHEREAS, the owners of the DRI property desire to extend the DRI Development
Order build - out date from May 7, 2005, to May 6, 2010, to allow completion of on -going and
planned construction planned for the Vineyards of Naples DRI; and
Words st"ek 4#reftk are deleted: words underlined are added.
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6/25/2013 16.A.5.
WHEREAS, Michel Saadeh representing Vineyards Development Corporation,
petitioned the Board of County Commissioners of Collier County, Florida, in Petition Number
DOA - 2005 -AR -8113, to amend the Development Order to extend the build -out date; and
WHEREAS, the Board of County Commissioners of Collier County has reviewed and
considered the reports of the SWFRPC and the Collier County Planning Commission and held
a public hearing on the petition on February 28, 2006;
NOW, THEREFOR +_ BE I`! RESOLVED BY THE BOARD OF C'OUNT'Y
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER
A. The Alternatives Section of Paragraph 4, Transportation, of Section 4.C.,
Southwest Florida Regional Planning Council Recommendations, of Development Order
Number 85 -02, as amended, for the Vineyards Development of Regional Impact, is hereby
amended to add the following:
ALTERNATIVES
b. In lieu of the requirement in Development Order 85 -2 Section 41 C l a that
requires the developer to submit an annual traffic monitoring report, the developer sliall p y_thc
C ounly the sum of$21.600.00 to be applied for the purchase of permanent year round count
stations on those portions of the roadway network on which the Vineyards development has
significant impacts. This payment is for calendar years 2006 2007 and 2008 and shall be paid
to the County utwn the adoption of this development order amendment Should the Vineyards
development not achieve build -out by the end of year 2008 then the developer shall pay to the
County the sum of $7,200.00 for each calendar year after year 2008 that the development does
not reach build -out status. These annual payments shall be paid to the County on the
anniversary date of adoption of this amendment to this development order.
c. Other Alternatives
It is understood that the specific conditions listed above require commitments
for payment from the developer and implicit commitments for constructions from local and
state agencies. In some cases, the improvements may not result even with applicant
commitments because of the lack of commitment by state agencies. Therefore, Collier County
is allowed to provide alternatives to the above conditions when the alternatives mitigate
regional roadway impacts. Should this alternative be pursued, Collier County is requested to
solicit Council review of the alternatives prior to the Development Order being adopted.
B. Subsection 7 of the Vineyards of Naples DRI Development Order No. 85 -2, as
amended, is hereby amended to add the following underlined text: r1
The termination and build -out date for this project shall be May 6 2010
Words Aniek are deleted; words underlined are added.
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6/25/2013 16.A.5.
SECTION TWO: FINDINGS OF FACT
A. The real property which is the subject to the amendment petition is legally described as
set forth in Exhibit "A ", attached hereto and by reference made a part hereof.
B. The proposed revisions to The Vineyards of Naples Development Order No. 85 -02, as
amended, as described in Petition DOA - 2005 -AR -8113, are hereto made a part of this
Resolution.
C. The Petitioner's application for a Notice of Proposed Change (NOPC) is in accordance
with Section 380.06(19), Florida Statutes.
D. The changes proposed by this NOPC for the DRi involve an extension of build -out date
from May 7, 2005, to May 6, 2010.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed amendment to the approved Development Order will not unreasonably
interfere with the achievement of the objectives of the adopted State Land Development
Plan applicable to the area.
B. The proposed amendment to the previously approved Development Order is consistent
with the Collier County Growth Management Plan and the land development
regulations adopted pursuant thereto.
C. The proposed amendment to the previously approved Development Order is consistent
with the State Comprehensive Plan.
D. The proposed amendment to the Development Order is not a substantial deviation from
Development Order No. 85 -02, as amended.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS
TRANSMITTAL TO DCA AND EFFECTIVF. DATE
A. Except as amended hereby, Development Order No. 85 -2, as amended, shall remain in
full force and effect, binding in accordance with its terms on all parties thereto. This
amended Development Order shall take precedence over any of the applicable
provisions of previous development orders which are in conflict therewith.
B. Copies of this Development Order No. 06 -01 (Resolution No. - ) shall be
transmitted by Collier Court immediate) u
County y port execution to the Department of
Community Affairs, and the Southwest Florida Regional Planning Council.
Words stFuelc4hfeugh are deleted; words underlined are added.
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6/25/2013 16.A.5.
C. This Development Order shall take effect as provided by law.
This Resolution adopted after motion, second and majority vote.
Done this / l day of /,/2006.
ATTEST:
DWIGHT E.. BROCK, CLERK
I :ail
f pe uty Clerk
..AtUiONS. ,'to Chi 1 P�iQ' S
Approved as to Form
And Legal Sufficiency:
Marjo M. Student- tirling
Assistant County Attorney
DOA - 2005 -AR- 8 113 /KD /sp
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HA AS, CHAIRMA
Words 5VVek4hgeut* are deleted; words underlined are added.
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6/25/2013 16.A.5.
LEGAL DESCRIPTION
VINEYARDS OF NAPLES
DOA- 2005 -AR -8113
Section 5, Township 49 South, Range 26 East, Collier County,
Florida. Containing 727.7 acres, more or less.
Section 8, Township 49 South, Range 26 East, Collier County,
Florida less and except Interstate Highway 1-75.-right-of-way
Parcel 121. (O.R. Book 907 Pages 637 -643). Containing 642.7
acres, more or less.
A parcel of land located in Section 6, Township 49 South,
Range 26 East, Collier County, Florida, ,,being more
particularly described as follows:
Begin at the northwest corner of Section 6, Township 49 South,
Range 26 East, Collier County, Florida; thence run S 89 055159"
E, along the north line of the northwest 1/4 of said Section
6 for a distance of 2644.09 feet to the north 1/4 corner of
said Section 6; thence run S 89 056120" E, along the north line
of the northeast 1/4 of said Section 6 to the westerly right -
of -way line of I -75 (State Road No. 93) as the same is shown
on the State of Florida Department of Transportation right -of-
way map for State Road No. 93 (1 -75) Collier County, Florida,
Section 03175 -2403, sheet 1, and a point on a circular curve
concave to the southwest, whose radius point bears S 80 010'18"
W a distance of 7477.44 feet therefrom; thence run southerly
along the arc of said curve to the right, and along said
westerly right -of -way line, having a radius of 7477.44 feet,
through a central angle of 09 009'52 ", subtended by a chord of
1194.74 feet at a bearing of S 05 014'46" E, for a distance of
1196.01 feet to the end of said curve; thence run S 00 039150"
E, along said westerly right -of -way line, for a distance of
1457.77 feet to a point on the nouLh line of Ridge Farms
Packet Page -403-
LEGAL DESCRIPTION
Vineyards Of Naples
'DOA - 2005 -AR -8113
Page 1 of 3
6/25/2013 16.A.5.
subdivision, an unrecorded subdivision; thence run N 89 °56'34'1
W along the northerly line of the said Ridge Farms subdivision
for a distance of 923.13 feet to an existing concrete monument
marking the northwest corner of Tract 50 of the said Ridge
Farms subdivision; thence run S 02 °24'57" E along a westerly
line of said Ridge Farms subdivision to an existing concrete
monument; thence run S 01 013'04" E along a westerly line of
said Ridge Farms subdivision for a distance of 137.19 feet to
an existing concrete monument; thence run N 89 054'34" W for a
distance of 3960.66 feet to a point on the west line of the
southwest 1/4 of said Section 6; thence run N 01 °13'58" W for
a distance of 137.58 feet to the west 1/4 corner of said
Section 6; thence run N 02 022141" is along the west line of the
northeast 1/4 of said Section 6 for a distance of 3171.05 feet
to the point of beginning, containing 358.263 acres, more or
less;
AND
The north 1/2 of the northeast 1/4 of Section 1, Township 49
South, Range 25 East, Collier County, Florida, and the north
1/2 of the northwest 1/4 of Section 1, Township 49 South,
Range 25 East, Collier County, Florida, less the west 100.00
feet thereof, containing 196.696 acres, more or: less;
AND
A parcel of land located in the south 1/2 of Section 6,
Township 49 South, Range 26 East, Collier County, Florida,
being more particularly described as follows:
Commence at the southwest corner of Section 6,� Township 49
South, Range 26 East, Collier County, Florida; thence run N
01 013158" W, along the west line of the southwest 1/4 of said
Section 6, for a distance of 1980.00 feet; thence run N
87 °35'44" E for a distance of 2607.64 feet; thence run N
01 113'58" W, parallel with the west line of the southwest 1/4
of said Section 6, for a distance of 945.56 feet to a point on
the southerly line of that parcel of land located in said
Section 6 as the same is described in O.R. Book 1481. at Page
1852 of the Public Records of Collier County, Florida, said
parcel being shown on the Hole, Montes and Associates, Inc.
boundary and location survey, having drawing no. A --365, sheet
3, dated 10/26/89, and the point of beginning of the parcel of
land herein described; thence run S 89 054134" E along said
southerly line for a distance of 939.91 feet; thence run tl
01 °17'22" W for a distance of 2.21 feet; thence run N
89 °55'51" W for a distance of 939.90 feet; thence run S
01 013'58" E for a distance of 1.87 feet to the point of
beginning, containing 1,917.4 square feet, more or less; ^
AND LEGAL DESCRIPTION
Vineyards Of Naples
'DOA-2005-AR-8113
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6/25/2013 16.A.5.
A portion of Section 8, Township 49 South, Range 26' East,
Collier County, Florida, being more particularly described as
follows:
Commence at the southwest corner of Section 8, Township 49
South, Range 26 East, Collier County, Florida; thence along
south line of said Section 8 north 89 034144" east 1557.48
feet; thence north 00 °25116" west 54.00 feet to the north
right -of -way line of Pine Ridge Road (C896) and the point of
beginning of the parcel of land hereinafter described; thence
north 00 025116" west 125.40 feet to a point -on a non -
tangential curve; thence along a curve to the left having a
.radius of 135.00 feet a central angle of 21 °44122" an arc
length of 51.22 feet and a chord which bears north 79 °33109"
west to a point of tangency; thence south 89 034144" west a
distance of 344.06 feet to a point of curve; thence along a
curve to the right having a radius of 470.20 feet a central
angle of 22 011105" an arc length of 182.06 feet and a chord
which bears north 79 019122" west to a' point of tangency;
thence north 68 °14'11" west a distance of 225.30 feet to a
point of curve; thence along a curve to the right having a
radius of 465.00 feet a central angle of 53 017'19" an arc
length of 432.48 feet and a chord which bears north 41 035131"
west to a point of tangency; thence north 1405615211 west a
distance of 506.21 feet to a point of curve; thence along a
curve to the right having a radius of 965.00 feet a central
angle of 15 009'09" an arc length of 255.20 feet and a chord
which bears north 07 022118" west; thence north 89 047143" west
a distance of 107.28 to the west right of way of.I -75; thence
south 14 056152" east a distance of 789.56 feet to a point of
curve; thence along a curve to the left having a radius of
1065.92 feet a central angle of 17 006158" an ftrc length of
318.42 feet and a chord which bears south 23 030121" east to a
point of compound curve; thence along a curve to the left
having a radius of 109.82 feet a central angle of 49015'1611 an
arc length of 94.41 feet and a chord which bears south
56 °41'28" east to a point of tangency; thence south 81 °19'06"
east a distance of 103.44 feet to a point of curve; thence
along a curve to the right having a radius of 210.00 feet a
central angle of 72 043124" an arc length of 266.54 feet and a
chord which bears south 44 057'24" east; thence south 86 030'04"
east a distance of 172.41 feet; thence north 89 034144" east a
distance of 472.50 feet to the point of beginning, and
containing 4.76 acres more or less_
Packet Page -405-
LEGAL DESCRIPTION
Vineyards Of Naples
DOA - 2005 -AR -8113
Page 3 of 3
ell ice I 'T 6/25/2013 16.A.5
( � � �.� 1J � � r{
a , ORDINANCE NO. 12- 2 8
8 `INANCE OF THE BOARD OF COUNTY COMMISSIONERVOF o
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 200042, ^'
AS AMENDED, EXTENDING THE STATE OF LOCAL ECONO &iC r
EMERGENCY; TOLLING TO MAY 12, 2013 THE PLANNED t*T ca-
DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENA31'!1 ° t
REQUIREMENTS AS FOUND IN SECTION 10.02.13.1) OF THE L
DEVELOPMENT CODE; PROVIDING FOR CONFLICT
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, o C)
_,. M �
WHEREAS, on May 12, 2009, the Board of County Commissioners adopted Ordinance
No. 2009 -22, the Collier County Local Economic Emergency Ordinance, which declared a local
economic emergency requiring immediate measures to be taken to address the emergency such
as the tolling of the Planned Unit Development time limit and time limit extension provisions in
Land Development Code Section 10.02.13.D.; and
WHEREAS, on June 14, 2011, the Board of County Commissioners adopted Ordinance
No. 2011 -21, which amended the Collier County Local Economic Emergency Ordinance by
extending the tolling date; and
WHEREAS, the Board of County Commissioners finds that the period of local economic
emergency continues and desires to further extend the tolling of the Planned Unit Development
time limit and time limit extension provisions in Land Development Code Section 10.02.13.D.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section Three of Ordinance No. 2009 -22, as amended,
Tolling of Land Development Code Section 10.02.13.D.
Section Three of Ordinance 2009 -22 is hereby amended as follows:
Section 10.02.13.13 of the Collier County Land Development Code provides for Planned
Unit Development time limit and time limit extension requirements. These time Iimit and time
limit extension requirements are hereby tolled to May 12, 201? May 12, 2013 for Planned Unit
Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to
May 12, 2 May 12, 2013, the Board of County Commissioners will determine if the
declaration of Local Economic Emergency should be ended.
Words s#f:ue1 t4eu are deleted; words underlined are added.
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6/25/2013 16.A.5.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article ",
or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this,>?,L/" -'day of i�l , 2012.
ATTEST:
DWIGHT E. BACK, CLERK
By.
Deputy. j
Approved as -to form ",
and legal sufficiency:
eidi Ashton -Cicko y
Managing Assistant County Attorney
I I -CPS -0I 101i9
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
fl
By:
FRED W. COYLE, ChaiAiln
This ordinance filed with the
Secretary of State's Offy the
3 N., of -1 -
and acknowledgement of that
filir r e ed,,41hi � day
Of tt ,
$y
l?ePJtyN►k
Words stmek - €#fough are deleted; words underlined are added.
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6/25/2013 16.A.5.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2012-28
which was adopted by the Board of County Commissioners
on the 24th day of July, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of July, 2012.
DWIGHT E. BROCK — -
Clerk of Court.s',arfcFelerk
Ex- officio to,- �o.aj, o
County Commi,s�i- rler$,--.
By: Martha Vergi
Deputy Clerk
Packet Page -408-
"-M
CP/2s/2013
Patricia L. Morgan 4k I & A5
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Monday, June 24, 2013 9:00 AM
To: SmithCamden; BartlettKristi; ScardinoAlexandra; FlanaganJim; HayesKaren
Cc: Patricia L. Morgan; Beard, Laurie; Klatzkow, Jeff, Brock, MaryJo
Subject: Replacement backup for Item 16 -A -5 - 6/25/13 BCC Meeting
Attachments: Ordinance 12 -38 - Traffic Count Monitoring Requirements.pdf
Good Morning all!
Please note that the incorrect Ordinance was included in the backup for Item 16 -A -5 on tomorrow's agenda. I have
attached the applicable portion of the correct Ordinance and ask that you provide this to your commissioners. This will
also be noted on the change sheet.
Thank you! Let me know if you have any questions.
Dinny
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
Under Florida Law, e (nail addressta area public: records, if you do not want your e -mail address released in response to a public records request, do not send
oje ctronic mail to this entity, instead, contact this office by telephone; or in writing.
A� ✓
x /25 Za
commitment schedule.`��rj
SUBSECTION 3.JJ. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT
DEVELOPMENT(PUD)PROCEDURES
Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
10.02.13 Planned Unit Development (PUD) Procedures
E. Changes and amendments. There are three types of changes to a PUD Ordinance:
Substantial. Insubstantial, and Minor. Language changes to a previously approved PUD
document shall require the same procedure as for amending the official zoning atlas,
except for the removal of a commitment for payment towards affordable housing which
is considered to be a minor change as described in Section 10.02.13 E.3.c.
1. Substantiak4naubstar#ial changes. Any substantial change(s) to an approved
PUD masleF -plaA Ordinance shall require the review and recommendation of the
Planning Commission and approval by the Board of County Commissioners as a
PUD amendment prior to implementation. AoDlicants shall be required to submit
• and process a new application complete with pertinent supporting data, as set
forth in sections 10.02.13 A and B.
For the
purpose of this section, a substantial change shall be deemed to exist where:
2. Insubstantial change determination. An
insubstantial change includes any change that is not considered a substantial or
minor change. An insubstantial change(s) to an approved PUD Ordinance based
upon an evaluation of subsection 10.02.13 EA shall require the review and
approval of the Planning Commission based on the findings and criteria used for
original applications as an action taken at a regularly scheduled meeting.
a. The applicant shall provide the Planning Services Department Director
documentation which adequately describes the proposed changes along
with the appropriate review fee prior to review by the Planning
Commission. The PUD master plan map shall show all data normally
required for submittal of a PUD master plan unless it is otherwise
determined not to be necessary, describing the proposed changes in:
land use; densities; infrastructure; open space, preservation or
conservation areas; area of building square footage proposed for
nonresidential development; change in potential intensity of land use and
related automobile trip movements, and relationships to abutting land
uses. In addition, the applicant, for evaluation of PUD master plan
• revisions, shall provide a detailed written narrative describing all of the
change(s) and the reasons for the request. Upon receipt of the amended
Page 82 of 89
Words stMOk lhreetgh are deleted, words underlined are added
PUD master plan, the Planning Services Department Director shall review
said plan against criteria established within section 10.02.1312 E.1 above
and may forward the plan to any other agency, division or authority
deemed necessary for review and comment.
61. Minor changes_ net ethenvise pmvWed The following are considered minor
procedures established in this section. ft shall be uRdemteed that,
a. Educational and ancillary plants exception. When a PUD is amended
for the sole purpose of adding an Educational and /or ancillary plant,
that PUD will not be subject to the review process outlined in section
10.02.12 6.13 E.J. The review conducted will be limited to the impacts
that the Educational or ancillary plant will have on the surrounding
uses.
b. The County Manager or his designee shall also be authorized to allow
minor changes to the PUD master plan during its subdivision
improvements plan or site development plan process to accommodate
topography, vegetation and other site conditions not identified or
accounted for during its original submittal and review and when said
changes have been determined to be compatible with adjacent land
uses, have no impacts external to the site, existing or proposed, and is
otherwise consistent with the provisions of this code and the growth
management plan. Such changes shall include:
a- i. Internal realignment of rights -of -way, including a relocation of
access points to the PUD itself, where no water management
facility, conservation /preservation areas, or required easements
are affected or otherwise provided for.
• ii. Relocation of building envelopes when there is no encroachment
upon required conservation or preservation areas.
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61. Minor changes_ net ethenvise pmvWed The following are considered minor
procedures established in this section. ft shall be uRdemteed that,
a. Educational and ancillary plants exception. When a PUD is amended
for the sole purpose of adding an Educational and /or ancillary plant,
that PUD will not be subject to the review process outlined in section
10.02.12 6.13 E.J. The review conducted will be limited to the impacts
that the Educational or ancillary plant will have on the surrounding
uses.
b. The County Manager or his designee shall also be authorized to allow
minor changes to the PUD master plan during its subdivision
improvements plan or site development plan process to accommodate
topography, vegetation and other site conditions not identified or
accounted for during its original submittal and review and when said
changes have been determined to be compatible with adjacent land
uses, have no impacts external to the site, existing or proposed, and is
otherwise consistent with the provisions of this code and the growth
management plan. Such changes shall include:
a- i. Internal realignment of rights -of -way, including a relocation of
access points to the PUD itself, where no water management
facility, conservation /preservation areas, or required easements
are affected or otherwise provided for.
• ii. Relocation of building envelopes when there is no encroachment
upon required conservation or preservation areas.
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-cry)
Relocation of swimming pools, clubhouses, or other recreation
. facilities when such relocation will not affect adjacent properties
or land uses.
d- iv. Relocation or reconfiguration of lakes, ponds, or other water
facilities subject to the submittal of revised water management
plans, or approval of the EAC where applicable.
Minor changes of the type described above shall nevertheless be
reviewed by appropriate staff to ensure that said changes are otherwise
in compliance with all county ordinances and regulations prior to the
Planning Services Department Director's consideration for approval.
C. Affordable
housing
commitments.
Beginning reffective
date of this
Ordinance],
the County
Manager or designee
shall
be authorized to make
minor text chap
es to
remove affordable
housing
commitments to nay
met:
L The applicant notices Property owners in writing in accordance
with sections 10.03.05 B.10 or 10.03.05 B.11 as may be
applicable.
ii. If no written objection is received,
the request
to remove
• commitments is deemed
approved.
M. If a property owner
who receives notice
submits
a written
objection within 30 days
of the mailing
of the notice,
the matter
shall be scheduled for
public hearing before
the Board of County
Commissioners. Public
notice shall
comply with
subsection
10.03.05 B.13 of the LD
F. Monitoring requirements. In order to ensure and verify that approved project densities
or intensities of land use will not be exceeded and that development commitments will
be fulfilled and are consistent with the developments approved transportation impact
study, annual monitoring reports must be submitted by the owner(s) of a PUD to the
County Manager or lots designee.
1. The monitoring report must be prepared in a County approved format as an
affidavit executed by the property owner(s) attesting that the information
contained in the monitoring report is factually correct and complete. These
reports are to be submitted annually, on or before each anniversary of the date
said PUD was approved by the Board until the PUD is completely constructed
. and all commitments in the PUD document/master plan are met (built out). A
tract or parcel of a PUD that has completed construction within that tract may be
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add -�
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considered built -out and not responsible for annual monitoring reports as Iona as
all PUD commitments within that tract are complete This built -out status does
• not exempt the tract owner(s) from commitments applicable to the entire PUD
5. Traffic Count Monitoring requirements A onetime payment for permanent traffic
count stations shall be due at the time of the first PUD Annual Monitorina Report
following the first certificate of occupancy within the PUD The payment shall be
based upon the number of ingress and/or egress points (Access Points) based
urn the conceptual Master Plan within the PUD Ordinance Each Access Point
shall require a oavment of $500.00. If additional Access Points are aranted at
any time, an additional payment of $500 per Access Point will be payable with
the following Annual Monitoring Report Th2 Traffic Count monitoring
requirement shall be considered fulfilled for all PUDs that have already provided
at least one traffic count or payment in lieu of traffic counts PUDs that have
traffic count monitorina language tied to specific commitments within their
ordinances shall remain in eff
SUBSECTION 3.KK. AMENDMENTS TO SECTION 10.03.05 NOTICE
REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC,
THE PLANNING COMMISSION, THE BOARD OF ZONING
• APPEALS, THE EAC, AND THE HISTORIC PRESERVATION
BOARD
Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of
Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended
to read as follows:
10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning
Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation
Board
S. Site development plan time limits. Approved final site development plans (SDPs) only
remain valid and in force for 2 3 years from the date of approval unless construction has
commenced as specified in section 10.02.03 of this Code. If no development, i.e.,
actual construction, has commenced within 2 3 years, measured from the date of such
site development plan approval, the site development plan approval term expires and
the SDP; is of no force or effect; however, 1 amendment to the SDP; may be approved,
prior to the expiration date, which would allow the SDP as amended to remain valid for 2
3 years measured from the date of approval of the amendment so long as the proposed
amendment complies with the requirements of the then existing code. Once construction
has commenced, the approval term will be determined by the provisions of section
10.02.03 of this Code.
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