Loading...
Agenda 11/10/2009 Item #17A Aoenda Item No. 17 A t'>Jovember 10, 2009 Page 1 of 8 EXECUTIVE SUIVll\1ARY Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, designating the adopted Tamiami Professional Center Planned Unit Development (PUD) as "Closed-Out" OBJECTIVE: To have the Board of County Commissioners (Board) approve by resolution the Close-Out ofthe Tamiami Professional Center PUD and relieve the PUD ovmers from their Annual Monitoring responsibilities as defined by Sections, 10.02.13.F and 10.02.07.C.1.b of the Collier County Land Development Code. CONSIDERA TIONS: The Close-Out of the Tamiami Professional Center PUD once approved by the Board's resolution shall cause the PUD to remain in the closed-out status and no fmiher 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 of County Conunissioners which shall change the Tamiami Professional Center's status from closed-out to active and require the PUD once more to be compliant \vith the repOliing responsibilities of the Land ,-. Development Code Section 10.02.13.F. Staff seeks the approval of the Tamiami Professional Center PUD Close-Out resolution so that the Tamiami Professional Center is designated, without uncertainty, "built-out" and/or "c1osed- out" and once receiving the Board's approval wi11 be celiified as having met its commitments. Administrative procedures for closing-out the PUD \vere applied to the Tamiami Professional Center Close-Out application during which a final detemlination of compliance was rendered by Division Administrators, who reviewed and approved their staff's findings and approved through their signatures the PUD's compliance and built-out status. The Tamiami Professional Center PUD summary of development and compliance with the developer cOlmnitments fo11O\vs: Ordinance: Ordinance 1998-90, amended by Ordinance 1999-48 Ordinance Authorized: Tract I Retail 0.91 acres Tract II Office 1.06 acres Tract IJI A.L.F. 5.52 acres (not to exceed an F.A.R. of 0.45) Recorded Build-Out: Tract I: Gates Office Bldg. located on Tract I and comprised of ] 2,] 97 Square Feet (S.F.) Tract II: HoleMontes Office Bldg. located on Tract II and comprised of 22,5 1 5 S.F. ,.-.. ,_. Tract III: Juniper Village Assisted Living Facility (Previously lmov,'n as Encore Village) located on Tract III and comprised of 38,332 S.F. Tract III is the only tract holding any remaining un-built density in the PUD and it is comprised of +/- 0,75 acres. The PUD allows a Floor Area Ratio (FAR) of 0.45 for Tract III which would allow for an additional total of 108,000 S.F. of leasable area. The applicant repOlis that plans for additional development of that square footage are not likely. However, the owners of Juniper Village do not intend to relinquish their developer rights for the unconstructed density within Tract III. Divisional Reviewers and Approvals: Environmental Administrative reviews and approval TranspClliation Administrative review's and approval Public Utilities Administrative reviews and approval Engineering Administrative reviews and approval Granted by: William Lorenz Granted by: N01111an Feder Granted by: Phil Gramatges Granted by: William Lorenz Comments: During the Environmental and Engineering Reviews it was found that although a Conservation Easement (CE) was obtained for the required Preserve Area, the CE was not dedicated to Collier County as required by the PUD Ordinance. Section 6.10 of Ordinance 1999- . 48, states that the Conservation Easement shall be placed over the preserve and recorded on a plat with protective covenants. The commitment continues that the Conservation Easement be dedicated to the homeowners association or similar entity for owncrship and maintenance - responsibility and to Collier County with no responsibility tc)r maintenance, Staffs review found that in the platting of the Tamiami Professional Center Subdivision recorded in Plat Book 31, Pages 71-72 Tracts PI and P2 are dedicated to the property owner's association for maintenance and are stipulated in the South Florida Water Management District Pemlit and COlVS of Engineer Pe1111it as reserved for Conservation Areas. Although the CE was not dedicated to Collier County, staff considers that the full intent of dedicated conservation areas has been met although the cxact means to reservl.? the lands by the PUD has not been followed. The applicant has fulfilled the requirements of the approved plat and has dedicated the preserve areas in accordance witb the plat approval. To require that the plat dedications be revised to specifically name the County as the owner of the preserve in a re-platting is not recommended. Any change to the Preserve area v"ould require an amendment to the plat and appropriate safeguards are in place to ensure tbat the dedicated preserve area remains. FISCAL IMPACT: Tbe Close-Out oftbe Tamiami Professional Center will bave no fiscal impact on the County. Tbe application fee submitted has been applied to the staff hours allocated to the preparation of the PUD documents for tIle Administrators' revievvs and fl.)r the Board's review and for the publishing of the legal adveliisement of this Board agenda item. GROWTH MANAGEMENT IMPACT: ,,-." Not applicable. ') ,A,genda Item No. 17.A.. NovemtY31' 10, 2009 Page 3 of 3 ..,,-~ LEGAL CONSIDER4. TIONS: This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for Board action. (STW) RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the Close-Out of the Tamiami Professional Center PUD which has remaining un-relinquished density and has been velified to have met all of the developer cOlmnitments to their full intent and waives the exact recording requirements for the preservation of the platted and permitted Conservation Easements known as PI and P2 in Plat Book 31, Pages 71- 72. PREPARED BY: Maryann Devanas, Supervisor, PUD Monitoring Engineering and Environmental Services ,- .-.. 3 Item Number: Item Summary: Meeting Date: .... \..A.o...... J. VJ........ :~genda Item No. FA ~~ovember 10, 2009 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIOh!ERS 17A Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, designatim.l the adopted Tamiami Professional Center Planned Unit Development (PUD) as Closed-Out 11/10/2009 9:00:00 Ar,~ Prepared By MaryAnn Devanas Community Development & Environmental Services Senior Planner Date CDES Engineering 10/15/20091:44:30 PM Approved By Phil E. Gramatges, P.E. Public Utilities Sr. Project Manager Date Public Utilities Planning and Project lV:anagement Department i 0/16/2009 10:11 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 1 0!16/2009 10:30 AM Approved By James W. Delony Public Utilities Public Utilities Administrator Date Public Utilities A.dministration i 0/16/2009 11 :00 AM Approved By William D. lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Approved By Envi ronmental Services 10/1912009 9:49 AM Joseph K. Schmitt Community Development & Environmental SErvices Community Development & Environmental Services Adminstrator Date Community Development & Environrnental Services Adrnin. ~OI20/2G09 3:05 PM Approved By Steven Williams Attorney's Office Assistant County Attorney Date Approved By Attorney's Office ~O!27/2009 8:35 Af/i Norm E. Fe-der, A1CP Transportation Services Trar.sport.;Uon Div!s1on Adniinlstrator Date Approved By Tra:1sportation Services Admin. ~ 0127/2009 9:20 AM ,Li,.Jenda item t\lo. 17/1.. ~i" I YJ '" r'l h;,e AI n ') nr, 9 ....... v ___, l k)'...-I '-',.:..... u \__ Page 5 of 8 OMS Coordinator orv18 CoorCtti-atQr Date County Manager's Office Office of i\1anagelY!ent & Budg0t 10i27/2009 2:40 PM Approved By Mark Isackson Budget p,na;yst Date County f'Jianager's Office Office of Management & Budget 10/30/200911 :01 AM Approved By Jeff Kiatzkow County Attorney Date County Attorney County Attorney Office 10/30/20093:32 PM Approved By Leo E. Ochs, Jr. County Manager Date Board of County Commissioners County r\!ianager's Offic;? 11/2/20095:26 PM .." ,.... ""-" /" ...... '-,'T --.. ,... . . '"f"-...... ~ . '-"'T-'-""~ . , ~ _ . . .~ _ . Agenda Item I\Jo. 17 A ~~ovemba 10, 2009 Page 6 of 8 RESOLUTION NO. 2009 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CLOSING OUT THE APPROVED PLANNED UNIT DEVELOPMENT KNOWN AS T AMI AMI PROFESSIONAL CENTER WHICH HAS FULLY COMPLETED DEVELOPMENT PURSUANT TO ITS DEVELOPMENT ORDERS AND HAS BEEN FOUND BY COLLIER COUNTY TO BE COMPLIANT WITH THE DEVELOPER COMMITMENTS AS LISTED IN THE ADOPTED ORDINANCE 1999-48. WHEREAS, the Tamiami Professional Center Planned Unit Development has been found to be "built-out" pursuant to Section 10.02.13.F.l 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 Plmmed Unit Development and Collier County to close out the Tamiami Professional Center 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 except one developer commitment and that one commitment has been found by County Staff to meet the intent of the Environmental Commitment for dedication of preserve area. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Tamiami Professional Center Planned Unit Development within Collier County is found to be "built-out" and therefore is deemed "closed out" for purposes of the Land Development Code Section 10.02.13.F. 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: DO}.,TNA FIALA, Chainnml , Deputy Clerk 1 ftsnl ~-Jo. 17;A 10. 20::::9 Page 7 cf 8 Approved as to form and legal sufficiency: Steven T. Williams .,1'''; I~-o'" \0' .. Assistant County Attorney '1 P.,genda It'3m No. 17 A ~ ~~ovember 10, 2009 1 ... \O~ge 8 ~f 8 r CtVn,cvyy\'r 1YOrtSSr~~ Q~er \ NDTICE CF INTENT 10. CCNSIDE.f\ , RESOLUTIDI'I NOtJC~ Is nere~ g\v~f. tha~ on TU~SDAY, NcveMBE" to, 20<1$ In the Boaroroom, ' 3ed floaf, AdmiilUtrl~ Bulld,ng; Collie'-., "County GoV;,;;;;;;~t";; no., E~st Ta' miami Trai~ NIP"'S, Florida. the Board 01 County commissloner1 . wilt consider the enactment at a County Re.olutlon.' The' meeting will commence at 9:00 .!,-M. The t~le..of t~ proposed Resol""io~. is. as 101, lo~~~:. :~/,:;~, RESOLUTICN 0.1' THE BCARDOf CDUNTY CCMMISSICNERS Cf CCI..LIER" COUNTY; FLORIDA; CLOSING CUT. THE APPROVED pLANNED UNIT DEVELOPMENT KNCWN AS"'TAMIAMI, PRDFESSIONA~:' CENTER WHICH HAS. FUllY CCMPl.HED DEVELDP. MENT, .pUl\SUANT, 'TO. Ii!o. DEVELOPMENT ORDERS ANQHA5 BEEN FCUND BY COt, L1ER 'CDONTY TO. BE COMPLIANT. WITH THE DEVELCPER CDMMITMEKTS AS L1n- 'ED 'IN .HE ADOPTED DRDINANCE , 999- , 48. ' A PetitIon to rec~:~.mend approval ~ 'of 'It re501,ution' of the BOlrd of, county. Comp missioners; _ of " collier. Coun~{. F!orlda" - to designate' the Tamlami PrafeS$ion~\. Ce~_ ter Plan~ Unit Deyelopment, (PUD) ... Closed'Out. T~ PUO hIS completed del/el' opment purs.uant, toth,elr development orders, 'constructed" within... their author'" 'Ized density andJ~ri" i,!tenstty" ,and, has been found by coun!)! staff to be campll' ant with their spedflC developer commit- ments. The Tamiaml PrOf!5Sional Center PUO \s located in .Colller County, Florida just to the south of Imperial Gotf Estat~ and north of Collier Ri!S\'rve.' on tM east side 01 U.S, 41. in Section 1 S, TownshIp 48 South, Rallge 25' East and. consi.t> of ,\~,6+I'8cr~ -, .', l _, ,:' ~" -:;,:-:,-',:', i. Copies of the proposedOre:Uoance are on ftI~,witl1 the Clerk to,the,.Board and are available lor. In.pOct;On; ,-: All' 'interested ~:~: are mYlte.c:,t~atte.n,u aed be NOTE:- Au:pers~~s'wi~h'i~g:-~o' spea!t.' o~ any agenda item. must _register- with the County 2Idministrat,or' prio('to' pre!.enta- tion at the agenda:' Item to 'be addressed. lediy\dua! speakers. will,' be limited to'.5 mimrtei on any item.-'; 'The.selection of an Individuai to speak on behalf of ae orga. n'lzation or group'isencouraged. If rO(, ogn1zed by the Chairmar\ a spokesperson tara group or oTganlzatiol'\ 'may be a\-, lorted;10 minutestc spea~ on an item.- '. persons', 'wishing tQ.'- have"Wf1tt~ri-- or graphiC matedals.\nc\ude-d: III the Board agenda packets must submit said material a minimum of 3, weelc.s prior- to the re- :~~:'J~~I~c i~~:~i~~di~ ;7 ~~~ld~;~~ by the Board .han be submitted to the appropnate County staff a minImum of seven da~ prior to, the public heario9~ AH matenal used In presentations. beton~: :;;eth~o::~rd.ill be<:om.. a permanent part A"y person who decid., to appeal" dec!' sian .of the Board will need a record of the proceeding> pertaining thereto arid therefore, may need to ensure that aver. batlm record of the proceedings is made. whkh record includes tn_ testlrl10nyand e\lidence.u~n whl€h the appeal-is ba~d, 1iJ1BTI~" ~ \ :t'll ~ t~(. i i (~'If::. ;1 .;.' If yc>u are a person w~h . di.ability' wh<> ' ". needs-, arrf : accommodatioh,;: in order to,I:' ~\ particlpat~ in thiS proceed\ng; you. are ~n" -: .-, titled. at no cost to you. to the prol/lSIOn " of c.ert8ifl asslstance.,'. Please c.ontact tne..: Collier County Facilities Management O<!-.' . partment, located at 3301 Tamiaml lrail !ast;, Building W. Naples, Florida 34' '2. ,.. " (239)' 252-8380. Assisted listening devices . far the hearing- impa\red art available in '" the ~ountv CommisSloners' Office:- . BOARD DF COUNTY COMMISSIDNERS COLLIER COUNTY. FLORIDA DDNNA FIAlA CHAIRMAN DWIGHT E. BRDCK, ClERK By: le,esa polaski;Oep"ty Oerk:: (SEAL)' .' . _J~rrnhp.r 10 ?nM .,