Agenda 07/24/2012 Item #17GProposed Agenda Changes
Board of County Commissioners Meeting
July 24, 2012
CONTINUE ITEM #17G TO THE SEPTEMBER 11, 2012 MEETING
A RESOLUTION DESIGNATING CLOSE -OUT OF FOUR (4)
ADOPTED PLANNED UNIT DEVELOPMENTS (PUDS) WHICH
HAVE FULLY COMPLETED ALL OR PORTIONS OF THEIR
DEVELOPMENT AND HAVE CONSTRUCTED THE UP TO
AUTHORIZED DENSITY AND /OR INTENSITY, AND HAVE BEEN
FOUND BY COUNTY STAFF TO HAVE ONLY ONE RELEVANT
TRANSPORTATION COMMITMENT REMAINING.
(STAFF'S REQUEST)
Withdraw Item 16111: Miscellaneous correspondence to file with action as
directed. Document(s) have been routed to all Commissioners and are available
for review in the BCC office until approved. (Staff request, this item was
inadvertently entered two times)
Move Item 16J1 to 13A1: Recommendation to approve and authorize the Chairman
to sign an Agreement Authorizing the Collier County Sheriff s Office to have
Traffic Control Jurisdiction over Private Roads within the Valencia Lakes
Subdivision. (Commissioner Coletta's request)
Continue Item 17F to the September 11, 2012 BCC Meeting:
Recommendation to approve a resolution designating Close -Out of eleven (11)
adopted Planned Unit Developments (PUDs) which have fully completed
development pursuant to their development orders constructing up to the
authorized density and /or intensity and have been found by county staff to
be compliant with their specific developer commitments. (Staffs request)
Continue Item 17H to the September 11, 2012 BCC Meeting:
Recommendation to approve a resolution designating the Close -Out of the
adopted Audubon Country Club 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. (Staffs request)
Time Certain Items:
Item 11A to be heard at 10:45 a.m.
Item 9A to be heard at 1:00 p.m.
7/24/2012 Item 17.G.
EXECUTIVE SUMMARY
Recommendation to approve a resolution designating the Close -Out of four (4) 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
four Planned Unit Developments such that these PUDs will have all commitments, except one
transportation commitment, deemed completed in accordance with Section 10.02.131 of the
Land Development Code (LDC) and be relieved of their Annual Monitoring responsibilities as
defined by Sections, 10.02.13.F and 10.02.07.C.1.b of the LDC.
CONSIDERATIONS:
Fully 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 of County Commissioners shall
approve a PUD amendment which shall return the PUD to an active status and require the PUD
to be compliant with the reporting responsibilities of the Land Development Code Section
10.02.13.F. All PUDs with remaining density and/or intensity have agreed to relinquish their
remaining density /intensity.
Staff seeks the approval of the Close -Out resolution of the listed PUDs so that these fully Closed
Out PUDs are designated, without uncertainty, as "complete," "built -out" and/or "closed -out"
and once approved will be certified as either: 1) having met their commitments, or 2) 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 10.02.131.5 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
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7/24/2012 Item 17.G.
the following circumstances: 1) a future traffic signal will not be installed, therefore the need for
a fair share payment is no longer necessary (Pine Ridge Mixed Use Center PUD), 2) 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.
Each of the PUDs listed below has an accompanying build -out and compliance summary as
provided in Table 1.
1. Pine Ridge Mixed Use Center 3. Wiggins Bay
2. Sterling Oaks 4. Wildwood Estates
As stated in prior reports to the Board, staff had, in the past, the opportunity to apply the Land
Development Code (LDC), Section 10.02.07.C. Lb to determine the status of development within
PUDs once the PUD reached a "built -out" of 90% of the authorized density (dwelling units) or
intensity (commercial square feet). Many of the PUDs listed in this petition have been reviewed
under this criterion and have memoranda documenting staff's administrative determination of
"Built- Out ".
However, with the adoption in January 2007 of Ordinance 06 -63, Section, 10.02.07.C.1.b the
LDC was revised to read that "built -out" occurred at 100 %. This amendment eliminated staff's
ability to apply the 90% rule to PUD developments and thereby required the continual submittal
of annual traffic counts and PUD monitoring reports, detailing the PUD's progress until all
approved density and intensity was platted and/or constructed within each PUD. The intent of the
LDC amendment was to encourage the development owners to relinquish unused density, or
phantom units, and/or intensity of approved commercial square feet through a board petition
which would amend the PUD so that the PUD was not burdened by the annual reporting
demands.
Additionally, during PUD audit reviews administrative Built -Out determinations have been re-
evaluated by current staff. Commitments within these "Built -Out" PUDs have been reviewed and
encumbrances have been placed on the PUD owners for commitment compliance or proof of
compliance.
After the final determination of Close -Out is rendered by the Board of County Commissioners
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 of County Commissioners as an
amendment specific to each PUD. The PUD amendment will then return the PUD to an active
status for monitoring.
Of the four PUDs recommended for Close -Out, one has been found to be fully developed and
compliant with their developer commitments and three 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 five PUD's have one remaining transportation commitment. All
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7/24/2012 Item 17.G.
of the PUDs, or the relevant portion of the PUD, have developed to their authorized density
and/or intensity or agreed to relinquish any remaining density and/or intensity.
Except for the Pine Ridge Mixed Use Center PUD and 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. PUDs selected by staff for this petition were administratively deemed Built -Out under the
governing sections of the Land Development Code effective at the time of their
documented build -out through the application of the then applicable 90% rule.
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. (STW)
RECOMMENDATION:
1. Staff recommends that the Board of County Commissioners approve the Resolution and
authorize the Chairman 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:
Pine Ridge Mixed Use Center, (Ordinances 81 -80, 92 -79, 93 -06, 98 -27), with a
recommendation to keep:
• If any required turn lane improvement requires the use of existing County
right -of -way or easement, compensating right -of -way shall be provided
without cost to Collier County as a consequence of such improvement.
• Commitments to be waived: Cost of a traffic signal at any development
entrance.
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.
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7/24/2012 Item 17.G.
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 of County Commissioners waive the application fees
established for all of the PUDs listed above, except for Pine Ridge Mixed Use Center
PUD and Sterling Oaks PUD.
Prepared By: Laurie Beard, Transportation Planner, Growth Management Division, Planning &
Regulation, Land Development Services
Attachments: Table 1, Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.G.
7/24/2012 Item W.G.
Item Summary: Recommendation to approve a resolution designating the Close -Out of
four (4) 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: 7/24/2012
Prepared By
Name: BeardLaurie
Title: Planner,Transportation Planning
6/28/2012 2:04:34 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 6/28/2012 4:13:56 PM
Name: ChmelikTom
Title: Director, Public Utilities Engineering
Date: 6/29/2012 11:36:22 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 6/29/2012 2:01:39 PM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 7/2/2012 2:31:28 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 7/2/2012 6:20:13 PM
Name: CamellSteve
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Title: Director - Purchasing /General Services,Purchasing
Date: 7/9/2012 7:27:22 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 7/9/2012 12:46:46 PM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 7/12/2012 10:07:55 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/12/2012 11:49:51 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 7/12/2012 1:02:50 PM
Name: OchsLeo
Title: County Manager
Date: 7/12/2012 3:28:06 PM
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7/24/2012 Item W.G.
7/24/2012 Item 17.G.
Table 1
Pine Ridge Mixed Use Center PUD
Ordinance Authorized: 56 Dwelling Units and 34,000 Commercial Square Feet
Recorded Build -Out: 56 Dwelling Units and 34,000 Commercial Square Feet
Memorandum of Built -Out: None filed. The PUD has requested to go through the built out process.
Approvals:
Administrative reviews and approval
Granted by: William Lorenz
Affordable Housing
Administrative reviews and approval
Granted by: Steve Carrell
Environmental
Administrative reviews and approval
Granted by: William Lorenz
Planning
Administrative reviews and approval
Granted by: Ray Bellows
Transportation
Administrative reviews and approval
Granted by: Nick Casalanguida
Comments: Transportation has asked to keep the following commitment: If any required turn lane improvement
requires the use of existing County right -of -way or easement, compensating right -of -way, shall be provided
without cost to Collier County as a consequence of such improvement. The commitment for a traffic signal has
been waived by transportation. Per Nick Casalanguida, the proximity of the project entrance to the signalization
at US -41 and Pine Ridge Road is too close and will not meet the requirements of the access management plan.
Sterline 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: Two dwelling units and the industrial uses are being relinquished. 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:
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7/24/2012 Item 17.G.
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: One hundred and six (106) dwelling units are being relinquished. 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.
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: Fifty -eight (58) dwelling units are being relinquished. 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.
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7/24/2012 Item 17.G.
RESOLUTION NO. 2012-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
CLOSING FOUR (4) APPROVED PLANNED UNIT
DEVELOPMENTS: PINE RIDGE MIXED USE CENTER,
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, the following Planned Unit Developments have all been "built -out'
pursuant to Section 10. 02.13.F.1 of the Collier County Land Development Code or have been
found by County Staff and Division Administrators to be in full compliance with the
requirements of 10.02.13.F: Sterling Oaks, and Wildwood Estates; and
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 herein named 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 after initial review noted potential incomplete commitments and have been
found by County staff pursuant to 10.02.131.5 to be determined to be no longer necessary
and are hereby released 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: Pine
Ridge Mixed Use Center (Ords. 81 -80, 92 -79, 93 -06, 98 -27), Sterling Oaks (Ords. 81 -80, 92-
79, 93 -06, 98 -27), Wiggins Bay (Ord. 82 -121), and Wildwood Estates (Ord. 81 -27). It is to be
noted that Wiggins Bay is built out except as to the commercial portion of the PUD which
shall be allowed to keep the remaining 3.47 acres for future construction. All other portions of
Wiggins Bay, including all residential, are fully built out.
1of2
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7/24/2012 Item 17.G.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring
=V this day of 72012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By.
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams 4i
7/24/2012 Item 17.G.
22D)) Sunday, July 8,2012 )) NAPLES DAILY NEWS
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, July 24, 2012 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 four (4) approved Planned link Developments: Pine Ridge .Mixed Use
Center, 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 Mich will be tracked :: through the
Commitment Tracking System. The four PUDs are located in Collier County, Florida
and are listed bytheir approved name with their locations described below.
PINE RIDGE MIXED USE CENTER: Located approximatelyy 740 feet from the
southeast corner of 0541 and Pine Ridge Road, in. Section 15, Township 49 South;
Range 25 East, consisting of 4.02 acres.
STERLING OAKS: Located immediately to the south of the Lee County Iine between
U5 -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 Wiggins 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 6 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- 83q0, prior to the meeting. Assisted listening devices for 'the hearing
impaired are available in the Board of County Commissioner's Office....
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W, COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
Br, Ann Jennejohn, Deputy Clerk (SEAL)
;y:.
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