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Agenda 07/24/2012 Item #17HProposed Agenda Changes Board of County Commissioners Meeting July 24, 2012 CONTINUE ITEM #17H TO THE SEPTEMBER 11, 2012 MEETING: A RESOLUTION DESIGNATING 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 THRU THE COMMITMENT TRACKING SYSTEM. (STAFF'S REQUEST) Withdraw Item 16111: Misc. 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 approval. (Staff s 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 Sheriffs 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 17G to the September 11, 2012 BCC Meeting: 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. (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.H. EXECUTIVE SUMMARY 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. OBJECTIVE: To have the Board of County Commissioners (Board) approve by resolution the Close -out of Audubon Country Club PUD such that this PUD 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, 10.02.131 and 10.02.07.C. l.b of the LDC. CONSIDERATIONS: The Close -Out of the Audubon Country Club PUD, once approved by the Board's resolution shall cause the PUD to remain in the closed -out status and no further development orders shall be issued relative to applications within the subject PUD for the authorization of additional residential density and/or commercial intensity beyond the current authorization of the PUD. Any future development applications for additional entitlements accounted for in the Ordinance shall require a PUD amendment approved by the Board, which shall change the Audubon Country Club's status from closed -out to active and required the PUD once more to be compliant with the reporting responsibilities of the Land Development Code Section 10.02.13.F. Staff seeks the approval of the Audubon Country Club PUD Close -Out resolution so that the PUD is designated, without uncertainty, as "complete," "built -out" and/or "closed -out" and once approved will be certified as having met its commitments. The one remaining transportation commitment will still be in effect and will be tracked through the Commitment Tracking System (CTS). The remaining commitment is: The developer shall provide a fair share contribution toward the capital cost of any traffic signals deemed warranted by the County Engineer at accesses on Vanderbilt Drive or Tamiami Trail. The signals will be owned, operated and maintained by Collier County. The PUD is relinquishing 298 dwelling units and has requested keeping 36 residential lots for future construction. The commercial portion of the PUD is fully built out. However, it should be noted that the reporting requirement is perfunctory and provides no significant benefit to the owner and the County. The Audubon Country Club PUD summary of development and compliance with the developer commitments follows: Ordinances: 82 -48, 87 -77, 91 -53, 96 -01, 96 -69 Ordinance Authorized: 708 Dwelling Units & 124,000 Commercial Square Feet Recorded Built Out: 374 Dwelling Units & 124,000 Commercial Square Feet Memorandum of Built -Out: None filed. The PUD has requested to go through the built out process. Approvals: ngineering Administrative reviews and approval Granted by: William Lorenz 1 Packet Page -3352- 7/24/2012 Item 17.H. Environmental Administrative reviews and approval Granted by: William Lorenz Planning 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: The PUD is relinquishing 298 dwelling units and has requested keeping 36 residential lots for future construction. Transportation has asked to keep the following commitment: The developer shall provide a fair share contribution toward the capital cost of any traffic signals deemed warranted by the County Engineer at accesses on Vanderbilt Drive or Tamiami Trail. The signals will be owned, operated and maintained by Collier County. After the final determination of Close -Out is rendered by the Board of County Commissioners this Closed -Out PUD will be eliminated from any further demands for commitment contributions or assessment of commitment compliance by staff except for the one transportation commitment that will be tracked through CTS and the PUD will remain Closed -Out until subsequent action is approved by the Board of County Commissioners as an amendment specific to the PUD. The PUD amendment will then return the PUD to an active status for monitoring. FISCAL IMPACT: The Close -Out of the Audubon Country Club PUD will have no fiscal impact on the County. The application fee submitted has been applied to the staff hours allocated to the preparation of the PUD documents for verification reviews and for the presentation to the Board. Due to the nature of the review process established for these Close -Out reviews there was a need to rely on paper documents to circulate among the reviewers. These activities held a nominal cost associated with the reproduction of reports and the issuance of notification through the U.S. Mail. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this 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: Staff recommends that the Board of County Commissioners approve the Resolution and authorize the Chairman to sign the Resolution for Close -Out of the PUD which has 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. Prepared By: Laurie Beard, Transportation Planner, Growth Management Division, Planning & Regulation, Land Development Services Attachments: Resolution 2 Packet Page -3353- COLLIER COUNTY Board of County Commissioners Item Number: 17.H. 7/24/2012 Item 17.H. Item Summary: 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. Meeting Date: 7/24/2012 Prepared By Name: BeardLaurie Title: Planner,Transportation Planning 6/28/2012 2:05:54 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 6/28/2012 4:28:06 PM Name: ChmelikTom Title: Director, Public Utilities Engineering Date: 6/29/2012 11:36:49 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 6/29/2012 2:25:22 PM Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 7/2/2012 2:34:19 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 7/2/2012 5:03:43 PM Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Packet Page -3354- Date: 7/11/2012 3:14:36 PM Name: KlatzkowJeff Title: County Attorney Date: 7/11/2012 3:33:52 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/12/2012 1:05:26 PM Name: OchsLeo Title: County Manager Date: 7/12/2012 4:38:33 PM Packet Page -3355- 7/24/2012 Item 17.H. 7/24/2012 Item 17.H. RESOLUTION NO. 2012- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CLOSING OUT THE APPROVED PLANNED UNIT DEVELOPMENT KNOWN AS AUDUBON COUNTRY CLUB, WHICH HAS FULLY COMPLETED AN INDEPENDENT PORTION OF DEVELOPMENT PURSUANT TO ITS DEVELOPMENT ORDERS AND 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 Audubon Country Club Planned Unit Development has been "built - out" pursuant to Section 10. 02.13.F.1 of the Collier County Land Development Code and has been found by County Staff' and Division Administrators to be in full compliance with the requirements of 10.02.13.F; and WHEREAS, it is in the mutual interests of the herein named Planned Unit Development and Collier County to close out the Audubon Country Club Planned Unit Development so that annual reporting obligations on behalf of the Planned Unit Development and review of those reports by the County will become unnecessary upon approval of this Resolution; and WHEREAS, the herein named Planned Unit Development has explicitly complied with all developer commitments except for one remaining transportation commitment - a fair share contribution toward the cost of a traffic signal(s). NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Audubon Country Club Planned Unit Development within Collier County is found to be "built -out" and therefore are deemed "closed out" for purposes of the Land Development Code, Section 10.02.13.F. It is to be noted that Audubon Country Club is built out except for 36 residential units and shall be allowed to keep the remaining 36 residential units for future construction. All other portions of Audubon Country Club, including commercial, are fully built out. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this day of , 2012. 2of2 Packet Page -3356- ATTEST: MORT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams \"- Assistant County Attorney , %XF 7/24/2012 Item 17.H. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA e FRED W. COYLE, Chairman 2 of 2 Packet Page -3357- Em 7/24/2012 Item 17.H. 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 Trait, Naples, Florida, to consider: A Resolution' of the Board of County Commissioners of Collier County, Florida, closing the approved Audubon Country Club Planned Unit Development which has fully completed all or an independent portion of development pursuant to their development orders and have been found by Calker County to have only one transport ation commitment remaining which will be tracked through the Commitment Tracking System. The PUD is located in Collier County, Florida on the west side of U5-41, extending westward across Vanderbilt Beach Drve to Little Hickory Bay, Sections 5, 7, 8 & 9, Township 48 South, 5edion 25, consisting of 754.75 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,' "Eomprehegsive 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 it must register with the County admstrator prior to presentation of the agenda .. item to e 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 1( 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 Commissioner's Office. BOARD OF COUNTY COMMISSIONERS .COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK . . By: Ann Jennejohn, Deputy Clerk (SEAL) July 8. 2D i 2 No. 1 54776 Packet Page -3358-