Agenda 07/28/2009 Item #10BAgenda Item No. 10B
July 28, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (Board) consider the options to
respond to a Public Petition request by Mr. Bill Klohn, MGD Capital, where he requests a
three year extension to the developer commitments as codified in Arrowhead PUD,
Ordinance No. 05 -13, further amended by Ordinance No. 0 8-36.
OBJECTIVE: That the Board review and consider the options to respond to a Public Petition
request by Mr. Bill Klohn, MGD Capital, where he requests a three year extension to the
developer commitments as codified in Arrowhead PUD, Ordinance No. 05 -13, and further
amended by Ordinance No. 08 -36.
CONSIDERATIONS: The petitioner appeared before the Board of County Commissioners on
June 23, 2009 BCC meeting, under a public petition item to request a three year extension to the
commitments as specified in the Arrowhead PUD as noted:
SECTION //AMENDMENTS TO TRANSPORTATION SUBSECTION OF ORDINANCE
NUMBER 02 40 AS AMENDED THE ARROWHEAD MPUD
These improvements shall be completed within one year of approval of this Ordinance
�-- L. The developer shall construct improvements to the intersection of Lake Trafford Road
and Carson Road to consist of the following:
1. Dedicated left turn lanes for eastbound and westbound Lake Trafford Road.
2. Dedicated left turn lane for southbound Carson Road.
3. Modify signalization for left turn movements only.
These improvements shall be completed within one year of approval of this Ordinance.
M. The developer shall remove and replace the existing asphalt sidewalk along the north
side of Lake Trafford Road from Carson Road to SR 29 with a new asphalt pathway
(approximately 5,000 feet). The pathway shall be six (6) feet wide consisting of 6 inches
of lime rock and 1.5 inches of asphalt meandering as needed to avoid existing lift station
pole guy wirings and other items. This pathway shall be completed within one year of
adoption of this Ordinance. Pathway construction will be permitted as a replacement
project via a County right -of -way permit through the County Transportation Division. The
pathway will be constructed by the developer at its expense. The developer will provide
a $30,000 contribution to Collier Area Transit (CAT) within one year after approval of this
Ordinance for a bus stop to be located in the Arrowhead MPUD commercial area.
N. The developer will remit to the County the net payment amount outlined below
which is in lieu of constructing the improvement described and includes a credit
for reimbursement still due from the County to the developer for construction by
the developer, in 2005 of a left turn lane on Lake Trafford Road for Lake Trafford
Elementary School. Payment shall be made within 30 days of approval of this
Ordinance.
1. In lieu of signal modification at SR 29 Lake Trafford Road $20,500
2. In lieu of right-turn lane on Immokalee Drive $55,000
Agenda Item No. 10B
July 28, 2009
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3. In lieu of signal modification at SR 29 Immokalee Drive $20,500
Credit for left turn lane for Lake Trafford Elementary School
(slightly rounded) -$16,800
Net payment from developer to County $79,200
As an overview, the Arrowhead PUD is 307.3 acres with a planned density of 2,145 moderately
priced units consisting of a variety of housing types ranging from single- family dwellings and
multi- family housing in a planned residential community setting. The overall project includes
recreational facilities and commercial uses. To date, the developer has completed 119 single -
family residences out of the approved 464 and 304 multi - family (including apartments and
condominiums) of the approved 781. There is no commercial development.
Two of these commitments are completed and are noted above in bold font:
Commitment L.1. — Dedicated left turn lanes for eastbound and westbound Lake Trafford.
Commitment N. — The developer has provided the County payment in the amount of $79,200.00
The Transportation Services Division does not support granting an extension of these
commitments unless a PUD Amendment is processed and the developer provides certain
guarantees (such as a Letter of Credit). The Transportation Department is recommending the
following commitments be completed immediately:
L.2 Build a dedicated left turn lane for southbound Carson Road
L.3 Modify signalization for left turn movements only
M. The Transportation Planning Department is recommending that the developer replaces
section of the sidewalks that are currently a health, safety and welfare concern. These
segments will be identified in an aerial attachment as prepared by the CTST (Community
Traffic Safety Team).
The County is currently in the process of designing intersection improvements at SR 29 and
Lake Trafford Road that will include the replacement of sidewalk on the north side of Lake
Trafford Road. Once these improvements are completed, in lieu of constructing the sidewalks
within 300 feet of the intersection, staff is proposing that the petitioner opt to refund the County
for the construction cost of a portion of sidewalk not to exceed the 300 feet. The Transportation.
Planning Department is recommending that the developer refund the county for the cost of these
sidewalks improvements within 90 days of the completion of the work by the county. This work
is expected to be completed within one year.
The Transportation Planning Department is recommending that the construction of remaining
sidewalks on the northern side of Lake Trafford Road and SR 29, be constructed within 180 days
of the issuance of the certificate of occupancy for the 100`h additional unit or prior to the issuance
of the certificate of occupancy of any commercial development. In addition, the Transportation
Planning Department is recommending that the developer provide the 530,000 contribution to
Collier Area Transit (CAT) within 180 days of the issuance of the certificate of occupancy of the
100th additional unit or prior to the issuance of the certificate of occupancy of any commercial
development.
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Agenda Item No. 10B
July 28, 2009
Page 3of5
In summation, the petitioner is asking for an additional 3 years to the one year requirement from
approval as specified in the ordinance that essentially required the developer to complete the
sidewalk and required intersection improvements by July 2009 and in doing so move the date to
July 2012. Procedurally, the appropriate way to achieve this extension is to apply for and
undergo the public hearing process to amend the existing PUD. The cost to make that change is
$6,000 plus additional expenses to the applicant for consulting services and required advertising.
Options:
1. That the Board approves the extension of the timeframe requirement as requested by the
applicant with the understanding that by doing so they are essentially amending the PUD
ordinance.
2. That the Board deny the request and in doing so require the applicant to comply with the
language in the existing PUD. Failure to comply would trigger enforcement action
through Code Enforcement; however, considering the limited Code Enforcement
resources and its current focus on Property Maintenance and Community Blight
Prevention Programs, staff recommends that if the Board chooses this option that
enforcement be delayed for at least 12 months.
3. That the Board noting that the developer is in default of the PUD ordinance, direct the
applicant to work with staff to develop a Compliance Agreement to formulate a plan of
action with definable timelines and development triggers to complete the previously
agreed to comments.
4. That the Board note the request and in doing so recognize and understand the extenuating
circumstances but defer any final decision and direct the developer to amend the PUD
through the normal public hearing process to make the requested changes to the PUD
ordinance.
FISCAL IMPACT: Pursuant to the CDES Fee Schedule the fee for a Planned Unit
Development Amendments (PUD) is $6,000 plus $25 an acre or fraction of an acre. For PUD
amendments where text changes do not impact the Master Plan are $6,000 (the $25 an acre fee
will not apply). Amendments deemed to be minor in nature that is requiring minor strike thru
and underline amendments of no more than 10 different lines of text changes in the PUD will be
capped at $9,000. There is no specified fee for the development of a Compliance Agreement.
Considering that the development and staffing for Board approval will consume staff time and
resources, staff recommends that if the Board directs the staff to develop a Compliance
Agreement that staff tracks the time involved in developing such an agreement and that the
developer be assessed for the all related costs.
GROWTH MANAGEMENT IMPACT: This action has no impact on growth management.
LEGAL CONSIDERATIONS: The County Attorney is not comfortable with the first
recommendation. Any of the remaining recommendations may be legally implemented by the
Board. This is a regular matter requiring simple majority vote. -JAK
RECOMMENDATION: Considering the current financial and economic crisis and the fact
that the developer is not in the financial position to complete the commitments as specified in the
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Agenda Item No. 10B
July 28, 2009
Page 4 of 5
PUD, staff recommends that the Board choose option 3 and in doing so direct staff to work with
the MGD Capital to formulate a compliance agreement for Board approval that clearly defines
attainable milestones to complete the commitments specified in the current. PUD.
PREPARED BY: Joe Schmitt, Division Administrator, CDES
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Agenda Item No. 10B
July 28, 2009
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 10B
Item Summary: Recommendation that the Board of County Commissioners (Board) consider the options to
respond to a Public Petition request by Mr. Bill Klohn, MGD Capital where he requests a
three year extension to the developer commitments as codified in Arrowhead PUD,
Ordinance No. 05 -13, further amended by Ordinance No. 08 -36. (Joseph K. Schmitt,
Administrator, CDES)
Meeting Date: 7128;2009 9:00:00 AM
Prepared By
Joseph K. Schmitt
Community Development &
Date
Environmental Services Adminstrator
Community Development &
Community Development &
7/812009 12:03:56 PM
Environmental Services
Environmental Services Admin.
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
7/8/2009 12:05 PM
Environmental Services
Environmental Services Admin.
Approved By
Jeff Kiatzkow
County Attorney
Date
County Attorney
County Attorney Office
7/8/2009 2:52 PM
Approved By
Joseph K. Schmitt
Community Development &
Date
Environmental Services Adminstrator
Community Development &
Community Development &
7/812009 8:26 PM
Environmental Services
Environmental Services Admin.
Approved By
Nick Casalanguida
MPG Director
Date
Transportation Services
Transportation Planning
719/2009 9:49 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
7/912009 2:02 PM
Construction Management
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/9/2009 3:28 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
711012009 8:29 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
County Manager's Office
711 312009 10:38 AM
Commissioners
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