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Agenda 10/13/2009 Item #17J Agenda Item No. 17 J October 13, 2009 Page 1 of 21 EXECUTIVE SUMMARY Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, designating the Close-Out of twenty (20) adopted Planned Unit Developments (PUDs) which have fully completed development pursuant to their development orders constructing to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments. OBJECTIVE: To have the Board of County Commissioners (Board) approve by resolution the Close-Out of twenty (20) Planned Unit Developments such that these PUDs will have commitments deemed no longer necessary, waived in accordance with Section lO.02.B.P.5 of the Land Development Code (LDC) and be relieved of their Annual Monitoring responsibilities as defined by Sections, lO.02.l3.F and lO.02.07.C.l.b of the LDC. CONSIDERATIONS: 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 lO.02.B.F. Staff seeks the approval of the Close-Out resolution of the listed PUDs so that these PUDs are designated, without uncertainty, as "complete," "built-out" and/or "closed-out" and once approved will be certified as; having met their commitments, having met their commitments with maintenance issues to resolve or having unwarranted or unnecessary commitments to be waived by the Board due to the circumstances presented. ,- Section lO.02.B.P.5 of the Land Development Code states 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 approva1." Within the group of PUDs included in this Close-Out group staff has identified commitments considered 'no longer necessary' due to the defined circumstances that follow: 1. Roadway improvements have removed full median access therefore a future traffic signal will not be warranted and the need for a fair share payment is no longer necessary for the following PUDs; Green Tree, Plantation and Regent Park, 2. No documented exemptions were found to support the release of a commitment by current staff however their approved development orders indicate certain exemptions were provided for in the past for the following PUDs; Cypress Glen, Green Tree, Osprey Landing, Plantation, Related Group and Winter Park, Agenda Item No. 17 J October 13, 2009 Page 2 of 21 3. Due to the passage of time no supporting documentation could be found to confirm a fair share payment was made for certain commitments for the following PUDs; Cypress Glen, Osprey Landing, Timber Ridge and, 4. The current Access Management Policy does not warrant the installation of a traffic signal at the project entrance for the following PUDs; Sherwood Park, Summerwind and Winter Park. 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 staffs 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. Botanical Place 2. Breezewood 3. College Park 4. Cricket Lake 5. Cypress Glen 6. Forest Lakes Homes 7. Gallman Olds 8. Green Tree Center 9. Osprey Landing 10. Pinebrook Lake 11. Plantation 12. Regent Park 13. Related Group 14. Sherwood Park 15. Summerwind 16. Sunshine Village 17. Timber Ridge 18. Whistler's Cove 19. Winter Park 20. Winter Park North 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.l.b 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 staffs administrative determination of "Built-Out" . However, with the adoption in January 2007 of Ordinance 06-63, Section, 1O.02.07.C.1.b of the LDC was revised to read that "built-out" occurred at 100%. This amendment eliminated staffs 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 an1endment 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. The basis for these re-evaluations has been supported by the County Attorney who, 2 Agenda Item No. 17 J October 13, 2009 Page 3 of 21 found that staff reviewers at any level of administration did not have the authority to waive PUD commitments set forth in an ordinance. Any commitment that had justification for being waived had to be presented through a petition to the Board for their review and authorized approval. 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 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 20 PUDs recommended for Close-out, three (3) have been found to be fully developed and compliant with their developer commitments, two (2) have exceptional circumstances and fifteen (15) have developed to their authorized density and/or intensity and have unwarranted commitments or commitments deemed no longer necessary which if the Board agrees with staffs findings may be waived in accordance with Section 10.02.l3.F.5. 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. 3. The PUDs selected for Close-Out were adopted and developed years ago and did not have the same monitoring oversight as is provided today. Historical documentation and/ or records to justify enforcement cannot be located. 4. The special circumstances of two PUDs include them here. FISCAL IMPACT: The PUD "Close-Out", by and of itself, will have no fiscal impact on Collier County with the exception of staff hours allocated to the selection and preparing 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. Notification letters were also sent to advise the PUD's controlling owners of staffs reported findings and of the County's intention to bring these PUDs to the Board for a final Close-Out determination. These activities held a nominal cost associated with the reproduction of repOlis and the issuance of notification through the U.S. Mail. GROWTH MANAGEMENT IMPACT: ,"- Not applicable. 3 Agenda Item No. 17 J October 13, 2009 Page 4 of 21 LEGAL CONSIDERATIONS: This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. (STW) RECOMMENDATION: 1. Staff recommends that the Board of County Commissioners approve the Close-Out of the following PUDs which have been verified as in full compliance: Botanical Place, (Ordinance 03-38) Cricket Lake, (Ordinance 80-28) Gallman Olds Dealership, (Ordinance 86-06) 2. Staff recommends that the Board of County Commissioners approve the Close-Out of the following PUDs which were verified as in full compliance and need to satisfy the maintenance items identified by the reviewing staff: College Park, (Ordinance 96-59) Forest Lakes Homes, (Ordinance 76-50) Pinebrook Lake, (Ordinance 80-56) 3. Staff recommends that the Board of County Commissioners approve the Close-Out of the following PUDs which may have maintenance items to satisfy and have been verified as in full compliance with the exception of commitments recommended to be waived or cannot be fully verified due to the age of the PUDs and recommends that the commitments be waived: Cypress Glen (Ordinances 87-18,92-83,02-37), with a recommendation to waive: · Fair share intersection improvements at the project's access point · Arterial level lighting at the eastern access road Green Tree Center (Ordinances 81-58, 84-33), with a recommendation to waive: · No turn lane at the second entrance on Airport Pulling Road · Fair share for a traffic signal at the main entrance (No signal exists) Osprey Landing (Ordinances 89-92, 91-18, 92-78, 92-81), with a recommendation to waive: · Fair share cost of bikeways adjoining the project · Access throat length is less than the] 00 feet required Plantation (Ordinances 84-72,89-13), with a recommendation to waive: 4 Agenda Item No. 17 J October 13, 2009 Page 5 of 21 · An interconnect from the PUD to the west (Not Warranted) · Left and right turn lanes on Radio Road (Originally provided but new improvements only provided a left turn lane) · Fair share contribution towards the cost of a traffic signal (Not warranted) Regent Park (Ordinance 85-45), with a recommendation to waive: · Fair share contribution to a traffic signal (Not warranted) Related Group (Ordinance 96-24), with a recommendation to waive: · Arterial lighting (Incomplete at the project entrance) Sherwood Park (Ordinance 80-38), with a recommendation to waive: · Fair share contribution to a traffic signal (Not warranted) -Summerwind (Ordinances 85-79, 88-24), with a recommendation to waive: · Fair share contribution to a traffic signal (Not warranted) Timber Ridge (Ordinance 94-23), with a recommendation to waive: · Arterial Lighting (No lighting at Cambridge & Wilton-Plum & Eden complete) · Fair share contribution to a traffic signal or intersection improvements at Carson & Lake Trafford Roads and Carson and Westc10x Roads · Fair share for turn lanes at other locations (Noted as incomplete) Whistler's Cove (Ordinance 97-1), with a recommendation to waive: · Compensating Right-of-Way dedicated to County to offset the benefits of the turn lanes · Fair share contribution to a traffic signal (Not warranted) \Vinter Park (Ordinances 83-32, 85-76, 86-87, 86-88), with a recommendation to waive: · Turn lane missing from 3Td entrance · Fair share contribution to a traffic signal (No signal) Winter Park North (Ordinance 85-77), with a recommendation to waive: · Fair share contribution to a traffic signal (No signal) 4. Staff recommends that the Board of County Commissioners approve the Close-Out of the following PUDs which have been sold to the State of Florida or purchased by Collier County: Breezewood (Ordinances 89-95, 97-41, 99-88), Sold to the State of Florida for an 1-75 project. Sunshine Village (Ordinance 93-92), Owned by Collier County and used for water retention 5 Agenda Item No, 17 J October 13, 2009 Page 6 of 21 5. Staff recommends that the Board of County Commissioners waive the application fees established for all of the PUDs listed above. PREPARED BY: Maryann Devanas, Supervisor, PUD Monitoring Engineering and Environmental Services 6 Agenda Item No. 17 J October 13, 2009 Page 7 of 21 Table 1 Summary of PUDs considered for Close-Out Botanical Place PUD Ordinance Authorized: Recorded Build-Out: 218 Dwelling Units 218 Dwelling Units Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as built-out. Approvals: Environmental Administrative reviews and approval Transportation Administrative reviews and approval Public Utilities Adiiiinistrative reviews and approval Engineering Administrative reviews and approval Zoning & Land Administrative reviews and approval Development Review Comments: None Colle2e Park PUD Ordinance Authorized: Recorded Build-Out: 210 Multi-Family Units 210 Multi-Family Units Granted by: William Lorenz Granted by: Norm Feder Granted by: Phil Gramatges Granted by: William Lorenz Granted by: Susan Istenes Memorandum of Built-Out: Filed December 12,2001 by Joyce Ernst, Planner, states that all of the developer commitments have been fulfilled. Approvals: Environm ental Transportation Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: Norm Feder Granted by: Roy Anderson Granted by: William Lorenz Comments: Environmental reviews found that part of the landscaping buffer was missing & exotics were found in the preserve. These issues have been sent to Code Enforcement for action. 7 Agenda Item No, 17 J October 13, 2009 Page 8 of 21 Cricket Lake pun Ordinance Authorized: Recorded Build-Out: 188 Multi-Family Units 188 Multi-Family Units Memorandum of Built-Out: A handwritten note on correspondence dated August 22, 1989 states that 'No more monitoring reports required'. No signature or initials given. Approvals: Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Granted by: Phil Gramatges Granted by: William Lorenz Comments: None Cypress Glen PUD Ordinance Authorized: Recorded Build-Out: 208 Multi-Fanlily Units 208 Multi-Family Units Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as built -out. Approvals: Environmental Public Services Transportation Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: Marla Ramsey Granted by: Norm Feder Granted by: Phil Gramatges Granted by: William Lorenz Comments: Transportation reviews found that the developer agreed to pay for fair share intersection improvement at the project's access point when deemed necessary and that street lighting was not provided on the eastern access road. Staff could not find any documented exemptions supporting the release of these commitments. The Environmental reviews found that the following maintenance issues need to be addressed: exotics found in preserve and in buffers and ref1ective (hydrant) markers in the pavement need to be replaced. If voluntary compliance is not found, these issues will be sent to Code Enforcement for action. 8 Agenda Item No. 17 J October 13, 2009 Page 9 of 21 Forest Lakes Homes PUD Ordinance Authorized: Recorded Build-Out: 182 Single-Family Lots 182 Single-Family Lots Memorandum of Built-Out: A handwritten note signed by Elly Soto and dated January 31, 1989, written on correspondence dated August 17, 1989 states, "Built-Out, no longer need to send for update". Approvals: Environmental Transportation Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval N/A Served by City of Naples Administrative reviews and approval Granted by: William Lorenz Granted by: Norm Feder Granted by: William Lorenz Comments: Environmental reviews indicate--street trees were missing. Code Enforcement indicates in a report dated July 23, 2009 that this issue was abated and case was closed. Gallman OIds Dealership PUD Ordinance Authorized: Recorded Build-Out: Project Plan illustrated on PUD Master Plan (22,290 S.F.) 22,290 S. F. Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as built-out. Approvals: Environm ental Transportation Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: Norm Feder Granted by: Phil Gramatges Granted by: William Lorenz Comments: This PUD currently operates as a Collier Area Transit bus transfer facility. 9 Green Tree Center pun Agenda Item No. 17 J October 13, 2009 Page 10 of21 Ordinance Authorized: Recorded Build-Out: Tract "A" 27 .28 Acres. Tract "B" Max. of 86 Dwelling Units Tract "A" 213,518 S.F. per SDP approvals on 27.28 Acres Tract "B" 86 Multi-Family Units Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as built-out. Approvals: Transportation Public Utilities Environmental Fire Code Official Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: Norm Feder Granted by: Phil Gramatges Granted by: William Lorenz Granted by: Ken Abler Comments: Transportation reviews found that at the second entrance on Airport Pulling Road south of lmmokalee Road there was no turn lane and the fair share for a future traffic signal at the main entrance was not warranted. Staff could not find any documented exemptions supporting the release of these commitments. Osprev Landin2 PUD Ordinance Authorized: Recorded Build-Out: 176 Multi-Family Dwelling Units 176 Multi-Family Dwelling Units Memorandum of Built-Out: Filed February 6, 1997 by Norma Boone, Planning Technician, states that all of the developer commitments had been fulfilled. Approvals: Transportation Public Utilities Environmental Engineering Housing & Human Services Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: Norm Feder Granted by: Roy Anderson Granted by: William Lorenz Granted by: William Lorenz Undetermined by: Marla Ramsey Comments: Environmental reVIews found exotics and litter In the Preserve. Voluntary compliance is being sought. Transportation reviews found that a fair share contribution toward the cost of bikeways adjoining the project could not be determined due to the age of the PUD and the access throat length design approved was less than 100 feet as required. Staff could not find any documented exemptions supporting the release of these commitments. 10 Agenda Item No. 17 J October 13, 2009 Page 11 of 21 Osprey Landin2: PUD (continued) Housing & Human Services reviews found that the affordable housing commitment could not be determined due to the age of the PUD and reported no adverse findings. Pinebrook Lake PUD Ordinance Authorized: Recorded Build-Out: 160 Multi-Family Units 160 Multi-Family Units Memorandum of Built-Out: Correspondence from McFadden & Sprowls, Inc. dated July 18, 1990, references County correspondence dated June 28, 1990, which advised them that the Pinebrook Lakes PUD had been deemed completed. Approvals: Environmental Engineering Administrative reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: William Lorenz Comments: Environmental reviews found that portions of the PUD had been heavily populated with exotics. This maintenance issue is currently being managed by Code Enforcement. Plantation PUD Ordinance Authorized: Recorded Build-Out: Max. of 418 Single-Family & Multi-Family Units 418 Total (87 Single-Family Units & 331 Multi-Family Units) Memorandum of Built-Out: Filed February 19, 1998 by Cecilia Martin, Planning Technician II, stated that the PUD had fulfilled all of the commitments and was built-out. Approvals: Environmental Transportation Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: Norm Feder Granted by: Phil Gramatges Granted by: William Lorenz Comments: Transportation reviews indicate the required left and right turn lanes on Radio Road were provided however the new improvements only provide for a left in, fair share contribution towards the cost of a traffic signal was not required since the signal was not warranted. Staff could not find any documented exemptions supporting the release of these commitments. Environmental reviews found that the required buffers have not been maintained and exotics have re-emerged. These maintenance issues are being managed by Code Enforcement. 11 Agenda Item No. 17 J October 13, 2009 Page 12 of 21 Regent Park pun Ordinance Authorized: Recorded Build-Out: Max. of 466 Single-Family & Multi-Family Units 418 Total (121 Single-Family Units & 345 Multi-Family Units) Memorandum of Built-Out: A PUD summary sheet dated January 4, 1996 logged in by N. Boone indicated the PUD was Built-Out as of 1993. Approvals: Environmental Transportation Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: Norm Feder Granted by: Phil Gramatges Granted by: William Lorenz Comments: Transportation reviews found that the fair share contribution towards the cost of a traffic signal was not required since the signal was not warranted. Related Group PUD Ordinance Authorized: Recorded Build-Out: Max. 276 Residential Dwelling Units 276 Multi-Family Units Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as built-out. Approvals: Environmental Administrative reviews and approval Public Utilities Administrative reviews and approval Zoning & Land Administrative reviews and approval Development Review Granted by: William Lorenz Granted by: Phil Gramatges Granted by: Susan Istenes Comments: Transportation reviews found that arterial lighting was incomplete at the project entrance. Staff could not find any documented exemptions supporting the release of these commitments. 12 Agenda Item No. 17 J October 13, 2009 Page 13 of 21 Sherwood Park pun Ordinance Authorized: Recorded Build-Out: Max. 336 Dwelling Units 336 Multi-Family Units Memorandum of Built-Out: None filed. The PUD Master Spreadsheet identified the PUD as built-out. Approvals: Transportation Administrative reviews and approval Granted by: Norm Feder Comments: Transportation reviews found that the fair share contribution towards the cost of a traffic signal was not warranted. Summerwind pun Ordinance Authorized: Recorded Build-Out: Max. of 466 Single-Family & Multi-Family Units 418 Total (121 Single-Family Units & 345 Multi-Family Units) Memorandum of Built-Out: Filed February 25, 1993 by Ron Nino, Senior Project Planner, states that the PUD had fulfilled all of its commitments during its build out and had satisfied the monitoring requirements of the LDC. Approvals: Environmental Transportation Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: Norm Feder Granted by: Phil Gramatges Granted by: William Lorenz Comments: Transportation reviews found that the fair share contribution towards the cost of a traffic signal was not warranted. Environmental reviews indicate that exotics were found on site and a number of canopy trees were missing. These maintenance issues will be managed by Code Enforcement if voluntary compliance is not found. 13 Timber Ridl!e PUD Agenda Item No. 17 J October 13, 2009 Page 14 of21 Ordinance Authorized: Recorded Build-Out: 59 to 80 Units of Affordable Housing 59 Single-Family Units Memorandum of Built-Out: Filed May 28, 2004 by Joyce Ernst, Planner, states that the PUD fulfilled all of the commitments during its build out. Approvals: Transportation Public Utilities Environmental Engineering Housing & Human Services FireLode Official Administrative reviews and approval Project located outside of CCWSD Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: Norm Feder Granted by: William Lorenz Granted by: William Lorenz Undetermined by: Marla Ramsey Granted by: Ken Abler Comments: Transportation reviews found that SDP-2007-AR-12367 held stipulations for the deficiencies pertaining to arterial lighting and for the fair share payments to be addressed. No lighting or payments have been received. Environmental reviews indicate that code required buffers and internal landscaping is deficient. These maintenance issues will be managed by Code Enforcement if voluntary compliance is not found. Whister's Cove PUD Ordinance Authorized: Recorded Build-Out: Max. 240 Affordable Housing Units 240 Dwelling Units Memorandum of Built-Out: Filed September 13, 2000 by Joyce Ernst, Planner Technician, stated that the PUD fulfilled all of the commitments during its build out. Approvals: Environmental Administrative reviews and approval Engineering Administrative reviews and approval Transportation Administrative reviews and approval Public Utilities Administrative reviews and approval Zoning & Land Administrative reviews and approval Development Review 14 Granted by: William Lorenz Granted by: William Lorenz Granted by: Nom1 Feder Granted by: Phil Gramatges Granted by: Susan Istenes Whister's Cove pun (continued) Agenda Item No. 17 J October 13, 2009 Page 15 of 21 Comments: Transportation reviews found that the fair share contribution towards a traffic signal is not warranted at this time and that no compensating ROW was dedicated to Collier County to offset the benefits of the turn lanes. Environmental reviews indicate maintenance issues related to landscape buffers and exotics. These are being monitored for voluntary compliance and if necessary the issues will be sent to Code Enforcement for further action. Winter Park pun Ordinance Authorized: Recorded Build-Out: Max; 600 Dwelling Units 600 Multi-Family Units Memorandum of Built-Out: Filed July 27, 1995 by Joseph F. Delate, Landscape Architect, states that the PUD fulfilled all of the commitments during its build out. Approvals: Environmental Transportation Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Granted by: William Lorenz Granted by: Norm Feder Granted by: Phil Gramatges Granted by: William Lorenz Comments: Transportation reviews found that one turn lane is missing from the 3rd entrance and that the fair share contribution for a traffic signal on Davis Boulevard is not warranted. There is no signal installed at that location. Staff could not find any documented exemptions supporting the release of these commitments. Winter Park North pun Ordinance Authorized: Recorded Build-Out: Max. 96 Dwelling Units 96 Multi-Family Units Memorandum of Built-Out: A PUD Summary sheet filed June 18, 1992 for Winter Park North indicates that it is built-out. Approvals: Environmental Transportation Public Utilities Engineering Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval Administrative reviews and approval 15 Granted by: William Lorenz Granted by: Norm Feder Granted by: Phil Gramatges Granted by: William Lorenz Agenda Item No. 17 J October 13, 2009 Page 16 of 21 Winter Park North PUD (continued) Comments: Transportation reviews found that the fair share contribution for a traffic signal on Davis Boulevard is not warranted. There is no signal installed at that location. Exceptional Conditions Affectinl! Close-Out: The following PUDs included in our listed group for Board consideration of Close-Out have exceptional circumst~ces. The circumstances affecting their commitments or zoning are noted below. . Breezewood PUD - Sold to the State of Florida for an 1-75 Project. Sunshine Village PUD - Owned by Collier County and used for water retention west of Airport- Pulling Road and south of Orange Blossom Road. 16 Agenda Item No. 17 J October 13, 2009 Page 17 of 21 RESOLUTION NO. 2009- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, CLOSING OUT TWENTY (20) APPROVED PLANNED UNIT DEVELOPMENTS: BOTANICAL PLACE, BREEZEWOOD, COLLEGE PARK, CRICKET LAKE, CYPRESS GLEN, FOREST LAKES HOMES, GALLMAN OLDS, GREEN TREE CENTER. OSPREY LANDING, PINEBROOK LAKE, PLANTATION, REGENT PARK, RELATED GROUP, SHERWOOD PARK, SUMMERWIND, SUNSHINE VILLAGE, TIMBER RIDGE, WHISTLER'S COVE, WINTER PARK AND WINTER PARK NORTH, WHICH HA VE FULLY COMPLETED DEVELOPMENT PURSUANT TO THEIR DEVELOPMENT ORDERS AND/OR HAVE BEEN FOUND BY COLLIER COUNTY TO BE COMPLIANT WITH THEIR SPECIFIC DEVELOPER COMMITMENTS. WHEREAS, the following Planned Unit Developments have all been "built-out" Pursuant to Section IQ,02.13.F.I 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 lO.02.13.F: Cypress Glen, Breezewood, Green Tree Center, Osprey Landing, Plantation, Regent Park, Related Group, Sherwood Park, Sunshine Village, Summerwind, Timber Ridge, Whistler's Cove, Winter Park and Winter Park North; 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, certain of the herein named Planned Unit Developments have explicitly complied with each and every developer commitment (Botanical Place, Cricket Lake, College Park, Forest Lakes Homes, Gallman Olds Dealership and Pinebrook Lakes) and the remaining 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 IO.02.13.F.5 to be determined to be no longer necessary and release 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" .""-'~"'''~''''~''__''''''___''''_''.~''__''-'"''.''C .. -_...._....__._"._~,__._."_ T ..,..1 1 ~Ill 1ltIRi _,..i~J>...,,,."",_..".'d,".>'..,._ Agenda Item No. 17 J October 13, 2009 Page 18 of 21 for purposes of the Land Development Code Section 10.02.13.F: Botanical Place (Ord. 03-38), Breezewood (Ord. 89-95, 97-4], 99-88), College Park (Ord. 96-59), Cricket Lake (Ord. 80-28), Cypress Glen (Ord. 87-18,92-83,02-37), Forest Lakes Homes (Ord. 76-50), Gallman OIds (Ord. 86- 06), Green Tree Center (Ord. 81-58, 84-33), Osprey Landing (Ord.89-92, 9]-18, 92-78, 92-81), Pinebrook Lake (Ord. 80-56), Plantation COrd. 84-72, 89-13), Regent Park (Ord. 85-45), Related Group (Ord. 96-24), Sherwood Park (Ord. 80-38), Summerwind (Ord, 85-79,88-24), Sunshine Village (Ord. 93-92), Timber Ridge (Ord. 94-23), Whistler's Cove (Ord. 97-1), Winter Park (Ord. 83-32, 85- 76,86-87, 86-88) and Winter Park North (Ord. 85-77). THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same this day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: L 7. ~iL -" 't.~l.C 1 Assistant County Attorney Item Number: Item Summary: Meeting Date: Agenda Item No. 17 J October 13, 2009 Page 19 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17J This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, which designates the Close-Out of twenty (20) adopted Planned Unit Developments (PUDs) which have fully completed development pursuant to their development orders constructing to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments, 10/13/2009 9:00:00 AM Prepared By MaryAnn Devanas Community Development & Environmental Services Senior Planner Date Approved By CDES Engineering 9/23/20093:04:16 PM Steven Williams Attorney's Office Assistant County Attorney Date Attorney's Office 9/24/20099:23 AM Approved By William D. Lorenz, Jr., P,E. Community Development & Environmental Services Environmental Services Director Date Environmental Services 9/24/2009 12:32 PM Approved By James W. DeLony Public Utilities Public Utilities Administrator Date Public Utilities Administration 9/28/2009 8:20 AM Approved By Susan Istenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Zoning & Land Development Review 10/1/20091:07 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 10/1/20091 :23 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 10/1/20097:11 PM Approved By Nick Casalanguida Transportation Services MPO Director Date Agenda Item No. 17 J October 13, 2009 Page 20 of 21 Approved By Jeff Klatzkow County Attorney Transportation Planning 10/6/200911 :17 AM Approved By Mark Isackson County Manager's Office County Attorney Date Approved By Norm E, Feder, AICP Transportation Services County Attorney Office 10/6/20092:35 PM Budget Analyst Date Office of Management & Budget 10/6/20093:32 PM Transportation Division Administrator Date Transportation Services Admin, 10/7/200911:14 AM Agenda Item No, ~ 7 J ~~P5Fri~~~~berZ;:20Oif~'NaPl"Dan,~.w.-' Oct~~~~ ~31' ~t~~ ~____". ._..~_. "..r....,............~.:::::-~7.~-,-..-.-.'--..__M_____~ : i ~". m'}H~~.];I,IJ'Hml.. ... . NO~IC~ OFP~B~C, HEARING" ~ft~~J~t~"'t~~~r~,~~tr~e.:":f. ~g~r,~ O~ifiO~~~3 :~~t~~.h~~rrnoJII~ri ~:~~~m?~~b~~O~~'~~~~\$~~1~~ g~~~~r~' 3Cj>J~~;.~u~~";1~~.r'j.~:m. i ~1~~..9:FJgrl~~ Trhee-~~~'~f t~~,~p':/:. I p~_~e~:_resoluth:~n Is 1lI'~II.o_~:-~',;' _ ,", A. Resolution - ~f the BOard of co~~ty ~~~:~~~~Q~:n~l~t~~~~I~e~e~r~ri'~le ~hi.. ~11~.tri~~..~n~.~~v~r~p.~~~;~',. (PUOs),'as.'Closed~Out. 'fhe selected .;S~~ro:~:~Ppt~~~1U~~ J,~7PJ:~:e opment,orderll constructing to the authorized density and/or Intensity, I and' ha..,e - been found 'bV county staff to. ,be ,complhmt wlth their s~eClflC": . !~~~~~~~janl:~lrir~,~op~p~1~::, ed name 'with,their loclltlonS,d;;" scribed bel?~l .,;.', " . . BOTANICAL'" PLA'CE: 'L.oc~ted:' on' the East side of Bayshore.DrMl. appraxl. . mately ,800 ,fee~ ,north of Thomasson; Drlv.. locotedlnSectlon 14, Township ~gtS~~anRdaq~ ~ ~asa~e~~~r' ,mea . Truett companY'IL.I~. Farms NO.2 $ub!:SII/lsion, consisting 01' 19.83 acres.- BREEZEWOOD: Loc.ted .t the South. west Quadrant of the Intersection of ImmokAlee, Road (C.R: '846)- and 1.75 In . ~~~~ t~n~~tiri:~7,~ :~~~~, Range ',' COLLEGE: Located on the South side . of Rattlesnake Hammock Road (C.R. ~~ ':~f.~~I~e~~n or2~ !PJ~n~~i~t ~ ~~,~~:e~ge 26 East. consisting ,of , , "\ CRICKET LAKE: Located on the EaSt ~~:m~f T~~sr~r:e~ftl~~'l~~ui~:ris~rJ Tii~~:~~Rang~"Z5 East. conSl,~ti~~,'~~: , CYPRESS on the North ~~~t-OJf L :3. \~'~eg~~~ 12._ Towns . Range 25 East. consisting.,o 29.7 acres,:" ". FOREST LAKES HOMES~Locatei'l In:the ~g~~;r,,~~;.~~:g~~~,t RO~n~:~~01Jt ConSls.';lOg 01 BPPrmur:nately 65 ac:res~ \ GALLMAN' OLCS:-Located y. mile West" of the intersection of Radio Road and Dft,vis Boulevard. in Section 1, Town~ s,hlp 50 South,' Range 26 East, consls. .ting of 10.28 acres. ' , .,' GREEN TREE CENTER: Loc.ted In the North'east Va of the Northeast 1h of Section 26. TDwnshlp 48 South, Range 25 East. consIsting' 0140 acres, , . OSPREY LANDING: Loc.ted.oo ih~ North side of Davis Boulevard.ap. G~IRg~~~Y 1~/~~\~n ~eVo~1n;~~n~ ~~~hac~e~~ge 26 East. coqslstln~ ,~ PINEBROOK L"'KE: Located. on the East side of, Bayshore Drive, approxl. mately BOO feet north 'of Thomasson ~1~J~a~:~gi~ iseet~~, ~~s~~~~h~ Lot 104 of Naples Grove and Truck COlT\pany+s Ltttle Farms. PlANTATIONf'Located West of'Sable Lakes PUC south 'of Radlo'Road'ln sec. tlon"', Tow.nShiP, 50' South Range 26East. con$l5ti!,Q 01.83.1 acre5~" J R,EGE,NT PARK: Loca'ted on the SOuth sIde 01 Immokalee Road and Y"amUe E;ast,of Airport.' ,Pulling ,Road In' Sec. I ~t.~n~f;;~~h~~1~ig~~s.Range 25 R~LATED GROUP; Located souttl Pine :~deg~~I~a~~~tRor~die~~f~f:i~fril~ ~~~ ';~si.~fn~S~~9~ a~:' Range . SHE':RWOOD PARk: located North' of Radio. Road, North of the Intersectlon of Radio -Road and Davis Boulevard in ~6~i~t ~onTsl;~~~IPOf4~J~~~~::re~~ 43 acres. ". .. . , SUMMERWIND:: lOcated on ttle North side o~ Pine Ridge Road (C.R, 896); ~~fi~~I~g~Yil~''s~iro~a;i. o.:9~~~7; , 49 South. Range 25 East. consisting of 29,6 acres, . SUNSHINE VILLAGE: Located one block West of Alrport.Pulling Road ~~o~s~~ g~~~n te~~~tt ~fo~~~: :~l!r~~~s. Range 25 East consisting of TIMBER RIDGE: Located at the South. east comer of Eden Avenue and Car. son Road In Immokalee in Section 32. '~[IW~ :1,.] ;lLI,\~ ~ j I 1[. Town5hlp 46 south.' Ranoe 29 E'ast consisting ,of 10..1 acre~ . . WHiSTLER'S COVE: I.ocate'd',on the North 'side of Tamlaml Trall--East at the .ntersectlon with Southwest Boul. evard In Section 32, Township SO South, Range 26 East, consl$~lno of 24 BereSj' ' WINTER PARK.: Located sOuth of Oa- vis Boulevard at the Southeast corner of the Intersection of Davis Boulevard and Lakewood Boulevard. Section 12 Township 50 South. Range 25- Ealt consisting of 48.7 acres. -, . WINTER PARK NORTH: loc.ted .south of ,. B~U~I~~rt~G~I'if;~~~l:g West Lakewood Sou~evarclln See:' ~~ ~onsl~ir~~~lfB :~r;~h, 'Range 2!i NOTE: All Perso,ns wIshing to speak ~7t~~he ag~~~:y 1~~'I'~~t~~t~~g~~a~ 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 is encouraged. If recog- nized by the Chair.' a spokesp'erson for a group or organiz.ation may be ~~~~~d.,.lo:'minutes to .speak on an, Person' wlshlnR to. h"ave' written or 3~~B';g,;"aJ:r p8~~k~~'I~du~~ ~~b~l~ said 'materIal a minimum of 3 weeks ~rl0r to the respe.ctlve..public-hearlng. t~n~~ t~B~:'c~ri~[J:~'dmb~t~~~a~o~~ shall be submitted to the appropriate county staff a mInimum of, seven days prior to the. public hearing, All ~ee~~r~5~~1Ii'b~~~~:tlg~~~:n~~' part of the record..-~; ,"-': ,. '.' ~~~I~~~S~f th~ B~:;Jd:"lIt~~:a~: cord of the proceedings pertaining thereto and therefore. ,may need to ensure'that a verbatim record of .the prOc.eedl,nRs _is made; Which' record ~~~d:~iJh ~e:~'~~rrs ~J.vldence If you are a person with. a disability who needs any accommodatlon In or- der, to participate In thls proceeding; . .'~~:~P;~y'~f~~e~f a~en~&.f~s~~llt'::ic~~ Please contact the Comer coun~ Fa. " r~~~~~:~a~:8f~:~1,~~aT~~~~-Ea~t Buildl~ W. Naples Florida 34112. ~~~~;! 2fo;8i~' hAeS:;f~~ 1~~:~~8'"~~; available In the county commissIon. .~~:'~jca._. ., .:,;".:>'"'."~'.:;-' BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA. . . , DONNA FIALA; CHAIRMAN .'.' OWIGHU:BROCK;CLERK . .', lriA't'n ~~nnel~hn, DePU~ Clerk '. Or1'~ohpr" ,nnq >, ", . - No1~'9160