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Agenda 04/14/2009 Item #10A Agenda Item No. 10A April 14, 2009 Page 1 of 13 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners consider the following information regarding the Board's discussion related to the extension of the sunsetting date for Planned Unit Developments (PUDs) OBJECTIVE: To have the Board of County Commissioners (BCC) consider the following information regarding the proposal to administratively extend the sunsetting date for all PUDs that have sunsetted or that are approaching their established sunsetting date. CONSIDERATION: At the February 24,2009 BCC meeting, under Agenda Item 15, Staff and Commission General Communications, Commissioner Henning proposed that staff evaluate the feasibility of developing a provision to administratively extend the sunsetting dates of Planned Unit Developments CPUDs) similar to what was done during the recent amendments to the Land Development Code (LOC) for Site Development Plans (SDPs) and Plats. After a brief discussion, the Board directed that staff evaluate the feasibility of such a proposal and that the topic be scheduled for discussion on a future agenda. Site Development Plans (SDP) and Subdivision Plats As part of the recent amendments to the LOC codified under Ordinance No. 08-83, the Board, in an attempt to mitigate the downturn of the development economy, approved the following changes related to SOPs and subdivision plats. 10.02.03 Submittal Requirements For Site Development Plans 8.4. b. Aporoved site develooment plans (SOPs) shall remain in force for 3 vears from the date of aoorova/, as determined bv the date of the SOP aoprovalletter. If construction has not commenced within 3 vears, the site develooment alan aooroval term will exoire and the SOP aooroval is of no force or effect. One amendment to the SOP mav be aoolied for and mav be Granted orior to the oriGinal exoiration date, so lonG as the orooosed amendment comolies with the LOG reGuirements in force at the time of the SOP amendment submittal. The SOP amendment shall remain in effect for 3 vears from the date of aoorova/, as determined bv the date of the SOP amendment aoorovalletter. i. A one time, 1-vear extension of the 3-vear limit of the aooroved SOP or the aooroved SOP amendment mav be Granted. Aoolications for an extension must be made to the olanninG manaGer with the aoorooriate processinG/administrative fee. 10.02.04 Submittal Requirements for Plats .'- Agenda Item No. 10A April 14, 2009 Page 2 of 13 a.3.b. The final subdivision plat shall conform to the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, pursuant to section 10.02.05 A. 5. The final subdivision plat shall constitute only that portion of the approved preliminary subdivision plat, if applicable, which the applicant proposes to construct within a finite period not to exceed 18 months. The improvements required by this section which apply to the final subdivision plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18-month construction period, a written request for an extension in time Rot exseeeinfj one year is applied for and approved by the del'elf$mfJnt E;fJ,M,'isos 3dminiE;~'(1tor Countv Manaaer or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period (unless a written extension request is approved by the County Manager or his designee prior to the expiration of the 18-month construction period), whether the final plat is approved . only or approved and recorded with the posting of a subdivision petiormance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section c. below. 10.02.05 Submittal Requirements for Improvement Plans a. 11. Expiration. All required improvements associated with the construction and maintenance agreement shall be completed within 18 months from the date of recording of the final subdivision plat, or, if construction of required improvements is undertaken prior to recording the final subdivision plat, within 18 months from the date of approval of the final subdivision plat by the board of county commissioners. If improvements are not completed within the prescribed time period and a subdivision petiormance security has been submitted, the engineering review director may recommend to the board that it draw upon the subdivision petiormance security or otherwise cause the subdivision petiormance security to be used to complete the construction, repair, and maintenance of the required improvements. All of the required improvements shall receive final acceptance by the board of county commissioners within 36 months from the date of the original board approval. The developer may request (1 one time, one YfJ,']r extension to ,"fJSei'ifJ fin,']! ,']Gsf$l3ncfJ of the i/RfJrfNemonts. one vear extensions for completion and acceptance of the reauired improvements. Each reauest should provide written iustification for the extension. Additional extensions mav be aranted at the discretion of the Countv Manaaer or desianee. Stated succinctly, an approved SOP remains in force for 3 years (formally 2 years) and can be extended once for a period of one year. An additional 3 years could also be added to the life of an SOP if an amendment to the SOP is approved before the SDP expires. The timeline for completion of required infrastructure improvements through an approved SOP was extended from 18 months to 30 months. Infrastructure improvements for Final Subdivision Plats are required to be completed within 18 months of the final Agenda Item NO.1 OA April 14, 2009 Page 3 of 13 recording of the final plat and can now be extended for on a 12 month period and on an unrestricted number of extensions. Planed Unit Developments The timeframes and sunsetting criteria for PUDs are defined in Section I 0.02.03 of the LDC and were codified under LDC Amendment Ordinance No. 08-08. Extracts of those amendments are shown below. 10.02.13 Planned Unit Development (PUD) Procedures D. Time limits for approved PUDs. . . . . . . . . . . 1. For residential portions of PUDs, Iho owns,' OF/lity sf-wi! iF/Wale physical development of infrastructure improvements, including access roads, internal roads, sewer and water utilities and any other related infrastructure, that supports a minimum of 15 percent of the designated residential area or areas of the PUD shall be initiated by the tRiffi fifth anniversary date of the PUD approval. An additional 15 percent of such infrastructure shall be completed every year thereafter until PUD buildout; and..... . . . . . . . . . . Q. PUD sunsetting. Prior to or any time after the planning services department director determines that a PUD has sunsetted, then the property owner shall initiate one of the following: a. Request ffH a PUD extension; eF b. Request ffH a PUD amendmentc .. or c. Request a rezone. Z Board of county commissioners action on PUDs which have sunsetted. Upon review and consideration of the appropriate application, or the status report provided by the property owner and any supplemental information that may be provided, the board of county commissioners shall elect one of the following: a. To extend the current PUD approval for a maximum period of two years; at the end of which time, the property owner shall again submit to the procedure as defined herein, however no further development order applications shall be processed by the county until the PUD is officially extended. b. Approve or deny an application for a PUD amendment. The existing PUD shall remain in effect until subsequent action by the board of county commissioners on the submitted amendment to the PUD, however no further development order applications shall Agenda Item NO.1 OA April 14. 2009 Page 4 of 13 be processed by the county until the PUD is officially amended. c. Require the owner to submit an amended PUD. The existing PUD shall remain in effect until subsequent action by the board of county commissioners on the submitted amendment to the PUD, however no further development order applications shall be processed by the county until the PUD is officially amended. i. If the owner fails to submit an amended application to the PUD within six months of the action of the board of county commissioners to require such a submittal, or the board denies the request to amend the PUD, then the board of county commissioners may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the growth management plan. .?. PUD time limit extensions. Extensions of the time limits for a PUD may be approved by the board of county commissioners. An approved PUD may be extended as follows: a. Maximum extension: There Sh3!1 be :1 m3ximum of t\'.<e oxteF/siom; may be one PUD extension. Tf:Je first m3]' bo granted for a maximum of two years from the date of original approval. +he soec:mg extensiaF/, m:1j' bo fJ.r3F/t09 fo,r 3F/ 3ddi/ieFli1! /1'.'9 j'D3,rs from tf:Jo Gia/o af IiJXpi,r3/ion of /f:Ja fi.rst fJ)(tElF/sian b. Approval of an extension shall be based on the following: i. The PUD and the master plan is consistent with the current growth management plan including, but not limited to, density, intensity and concurrency requirements; ii. The approved development has not become incompatible with existing and proposed uses in the surrounding area as the result of development approvals issued subsequent to the original approval of the PUD zoning; and iii. Approved development will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities. d. No more than twe one extension!'; may be granted for any development original approval date. Stated succinctly, a PUD remains active for 5 years and can be extended for a one 2-year period if development has not met the defined development thresholds of 15 percent of the infrastructure improvements within 5 years for the residential development and an additional 15 percent for every year thereafter until buildout, and 15 percent of the Agenda Item No. 10A April 14, 2009 Page 5 of 13 authorized floor area by the fifth year or 25 percent of the designated land area when the floor area is not the defining intensity measure for commercial development and non- residential development. Any existing PUD approved under previous criteria regardless of the sunset date provided the timeframe was less than a total of 7 years, are allowed to seek an extension to equal the 7 year time limit. As noted in the LDC, if development is not taking place at the prescribed development thresholds, the developer/owner has the following three options prior to or any time after a PUD has met the 7 year sunset limit: 1. Apply for a PUD amendment; 2. Apply for a complete rezone action such as a complete revision of the PUD; or 3. Choose to allow the PUD to sunset. The developer/owner does not lose the PUD zoning however helshe will lose the ability to obtain development permits until the sunset status is rectified by either number I. or 2. above. The requirement to sunset and update a PUD is to assure that PUDs that sit donnant comply with the most current requirements in the LDC and (hat they are deemed consistent with the most current GMP. Past experience indicates that projects which remain dormant for long periods of time without being updated often result in projects, which when (hey are eventually developed, may not be consistent with the GMP or LDC at the time of development. The County has missed opportunities through the rezone or amendment process to acquire adequate property for right-of-way and other needs as a result of aged, undeveloped PUDs. Furthermore, the opportunity for the public to weigh in on compatibility issues especially within the context of newer development which may have occurred around these properties while they lay dormant is lost. During the 2002-2003 timeframe, the Board held seven LDC workshops focused on the BCC directive that the sunsetting provisions of the code must be enforced in part for the reasons noted above. The primary subject of the seventh workshop held on December 2, 2003, focused on the implementation of the PUD Sunsetting program and guidance to implement PUD monitoring. At that meeting the Board gave staff clear direction to insure that sun setting provisions were enforced for (hose PUDs where development was not progressing as specified and that these PUDs be sunsetted pursuant to the LDC, and that the developer then be required to update the PUD to integrate current development standards and criteria as specified in the current LDC. As noted above, this past year the Board approved an amendment to the LDC which changed the sun setting provision from a 3 year limit with 2, two-year extensions for PUD approved on or after October 24, 200 I to a 5 year limit and one, two-year extension and by doing so retained the 7 year limit as the defining limit to initiate development within a PUD. With this change, the Board effectively gave the developer an additional two years to meet the development thresholds without the requirement (0 extend the PUD. Prior to the October 24, 2001 date, all PUDs had a 5 year limit with no extension provision. Agenda Item No.1 OA April 14. 2009 Page 6 of 13 Currently there are 385 separate PUDs in Collier County and each PUD has its own PUD ordinance that define the property limits, development standards, commitments and similar related items. Two hundred and thirty-three (233) of the 385 are active PUDs and 18 of the 385 are considered sunsetted. It is difficult to quantitY how many more will sunset in the next 2 years without analyzing the remaining to validate that each has sustained the 15 percent construction threshold but a cursory estimate shows that another 12 to 15 will sunset in the next 2 years. Below are four approaches for extending PUDs that have or are approaching their sunsetting date. Option 1: Board ordinance to extend all PUDs. Procedurally, one way to extend the sunset date of the PUDs that have or are projected to sunset in, for discussion purposes, the next 24 months is to do so through a omnibus extension ordinance to extend these PUDs for a specified period of time as desired by the Board. Pros: This process could encompass all the PUDs in one action and would be executed through an ordinance approved by the Board. Unlike, extending subdivision plats and SDPs through administrative processes, currently extending the life of a PUD requires a quasi-judicial action of the Board and must be done by individually approving an extension by individual ordinance for each PUD or using this option through a universal ordinance to capture all of the sunsetting PUDs. Con: Pursuant to the LDC such action requires approval of the property owner or managing entity of each PUD, legal public notice and advertising and would be costly and time consuming for staff to obtain the needed approvals. In addition, the Board would have to decide whether to absorb the costs for staff time and advertising in the general fund or direct staff to attempt to pass the costs off to the respective property owners or managing entities. Option 2: Implement an expedited extension process. Direct staff to create a truncated, expedited process and appropriate fee for requesting an extension to a PUD. The revised process would simply involve an application and the requisite public notice and public hearing but would eliminate any staff review to evaluate consistency with the GMP and any needed updates and consistency reviews to conform to the requirements of the now current LDC. Barring objections raised as a result of public notice, the extension would most likely be placed on the summary agenda for Board approval. Pros: This process essentially follows the existing process as defined in the LDC. It also places the burden of applying for the extension and the cost on the applicant (likely at a reduced rate) and provides proper public notice. Con: There is no staff review to assure whether the PUD needs to be updated to comply with changes in the code and to assure consistency with the GMP. There likely would be no specific criteria for approval and the reasoning would likely be limited to the Board's desire to extend the life of a PUD. Absent specific criteria for approval or Agenda Item NO.1 OA April 14, 2009 Page 7 of 13 denial, the Board would likely be obligated to vote to extend all PUDs unless there was an overriding health, safety, welfare issue, irrespective of public input. Option 3: Amend LDC. Amend the LDC to extend the initial 5 year period to 7 or 8 years and by doing so extend the need to request an extension, however, that action may not resolve the need for many of the existing PUOs that had their sunsetting date amended by the allowed 2 year extension. Pros: Conforms to the lawful requirements for amending the current LDC language as it relates to the current development requirement thresholds for PUDs. Cons: Considering that there are two LDC amendment cycles already in process, one special cycle for the sign code amendments and the second, the "normal" FY09 cycle, the Board would have to declare another special cycle for this one amendment if it was looking to have this process resolved expeditiously. The process itself requires multiple public hearings therefore the Board could not react expeditiously. The cost of the amendment and the source of the funds would also have to be considered. When and if the Board wanted to expeditiously revert back to the original time frames, the same issues as noted above would surface again. Option 4: Ordinance to toll all active PUDs. In response to the dramatic decline in development and development related activities and in an effort to help stimulate recovery, declare by ordinance to lawfully toll the clock for a recommended 24 months for all of the active PUOs. Attachcd for your discussion is a proposed ordinance from the County Attorney's office. Pros: Quick action that can be accomplished within 30 days. Cons: Impacts only active PUDs. Unless the tolling is done retroactively, this action fails to resolve those PUDs that have already passed their sunsetting date. This action also delays or defers any staff review for compliance with changes to the GMP or amendments to the LOC. FISCAL IMPACT: Eliminating or delaying the need to apply for an extension or for a PUD amendment will certainly be beneficial to the property ownerldeveloper as it defers the applicable fees (PUO Extension -- $1,000; PUD Amendment -- $6,000 plus $25 per acre if the amendment is over 10 different lines of text change). GROWTH MANAGEMENT (GMP) IMPACT: Delaying the requirements for a PUO extension or amendments to a PUD may delay the need to update the respective PUD documents to comply with recent changes to the GMP or LOC. LEGAL CONSIDERATIONS: The County Attorney's office will work with staff to implement the Board's direction. This item is not quasi-judicial and no ex parle Agenda Item No. 10A April 14, 2009 Page 8 of 13 disclosures are required. A majority vote of the Board is necessary for Board action- HFAC RECOMMENDATION: That the Board consider this information and considering the legal requirements, related costs and time constraints, and given that the current PUD development requirements are of greater benefit to the public at large, that the Board conclude that the current PUD extension process is sufficient for PUD extensions, therefore no change should be made to the current LDC requirements. Should the Board disagree with staffs recommendations, staff advises that option four would likely be the most expeditious action, however, noting that this option defers any updating and respective public notice for up to two years. PREPARED BY: Joseph K. Schmitt, Administrator, CDES Item Number: Item Summary: Meeting Date: Page I of2 Agenda Item NO.1 OA April 14, 2009 Page 9 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A Recommendation that the Board of County Commissioners (BCC) direct staff on the preferred process to be used to administratively extend the sun setting date for all PUDs that have sunsetted or that are approaching its established sunsetting date. (Joseph K. Schmitt, Administrator, COES) 4/14/20099:0000 AM Prepared By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 312512009 11 ;33;21 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 312512009 1; 20 PM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 312712009 1 ;29 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 313012009 10;27 AM Approved By Heidi F. Ashton County Attorney Assistant County Attorney Date County Attorney Office 313012009 11 ;45 AM Approved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 4111200910;19 AM Approved By Susan Istenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 411120095;10 PM Approved By OMS Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 4/2120099;21 AM A pproved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 412/2009 11; 17 AM Page20f2 Agenda Item NO.1 OA April 14, 2009 Page 10 of 13 Approved By Leo E. Ochs, Jr, Board of County Commissioners Deputy County Manager Date County Manager's Office 41212009 12:07 PM Agenda Item No. 10A April 14, 2009 Page 11 of 13 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL ECONOMIC EMERGENCY; TOLLING THE PLANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENSION REQillREMENTS AS FOUND IN LAND DEVELOPMENT CODE SECTIONS 10.02.13.D, ET SEQ., TO APRIL 15, 2010; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States of America, the State of Florida and Collier County are presently experiencing an economic downturn not experienced in the last 30-40 years; and WHEREAS, individual citizens and families living in the United States, Florida and Collier County are experiencing negative effects from this economic downturn; and WHEREAS, because of significant revenue decreases at the State and local levels, jobs are being lost, homes are being foreclosed, and services are being cut; and WHEREAS, Collier County is currently experiencing a dramatic and devastating decline in the residential and commercial development markets that adversely impact the entire local economy; and WHEREAS, Section lO.02.B.D et seq. of the Collier County Land Development Code provides for Planned Unit Development time limit and time limit extension requirements. The local economic emergency has created a situation that is making it impractical, if not impossible, for developers of Planned Unit Developments to complete their projects within the time limits established prior to this period of local emergency. Collier County currently has a very large number of homes that have been approved for development but have not been built and are not anticipated to be built during the period of the local economic emergency; and WHEREAS, tolling of the Planned Unit Development time limit and time limit extension is necessary to relieve conditions resulting from the local economic emergency; and Page I of3 Agenda Item NO.1 0/\ April 14, 2009 Page 12 of 13 WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit Development time limit and time limit extension provisions without going through the process of amending the Land Development Code as set forth in LDC Sections 10.02.08 .C and 10.02.09. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Short Title and Recitals. This Ordinance shall be known as the Collier County Local Economic Emergency Ordinance, and the above findings and recitals are hereby adopted by reference into this Ordinance. SECTION TWO: Declaration of Local Economic Emergency. The Collier County Board of County Commissioners, convened In regular session, hereby declares and ordains that a Local Economic Emergency exists within Collier County, Florida, requiring immediate measures to address the emergency before irreversible harm is done to the economic well being of the citizens of the County. This Ordinance is adopted after public hearing pursuant to, and in accordance with, Section 125.66(3), Florida Statutes. SECTION THREE: Tolling of Land Development Code Section 10.02.13.D, et seq. Section I 0.02.13.D, et seq. of the Collier County Land Development Code provides for Planned Unit Development time limit and time limit extension requirements. These time limit and time limit extension requirements are hereby tolled to April 15, 2010. Prior to that date, the Board of County Commissioners will detennine if the declaration of Local Economic Emergency should be ended. SECTION FOUR: 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. Ifany phrase or portion ofthis Ordinance is held Page 2 of3 Agenda Item No. 10A April 14, 2009 Page 13 of 13 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 FIVE: 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 SIX: 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 _ day of ,2009. ATTEST: DWlGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Page 3 on