Agenda 10/28/2008 Item # 8C
Agenda Item No, 8e
October 28, 2008
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve a resolution of the Board of County Commissioners of Collier
County, Florida, which designates the Close-Out of fifteen (15) approved 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 listed Planned
Unit Developments (PUDs) which have been found to be, with three exceptions, fully developed,
compliant with their developer commitments and to relieve them of their Annual Monitoring
responsibilities as defined by Sections, 10.02.13 F and 10.02.07.C.1.b of the Land Development
Code, and upon the approval deem the PUDs Closed-Out.
CONSIDERA TJONS:
-,
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 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 SectionlO.02.13.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 by the Board these PUDs will be certified as; having met their commitments, having
met their commitments with maintenance issues to resolve or having commitments to be waived
by the Board due to the circumstances presented.
For the PUDs listed below, procedures were established whereby a final determination of
compliance was made by the Division Administrators, who reviewed and approved their staffs
findings and signed off on the PUD's compliance and built-out status of the selected PUDs.
Some determinations for disapproval have been issued due to non-compliant findings. Lack of
documentation related to the age of development orders and surrounding growth and
development are a few of the circumstances found to affect compliance. For these PUDs staff
has indicated the specific findings in the individual PUD summaries and requests the Board to
waive the non-verified compliance items when appropriate, releasing the PUD from the unmet
commitments. Each of the PUDs listed belo\-'.' has an accompanying build-out and compliance
summary as provided in Table] .
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,Aqenda Ilem I\Jo, tiC
, Oct:)ber .:28, 2008
2 of 14
1. Brighton Gardens
2. Cay Lagoon
3. Cheshire Arms Apartments
4. Citrus Gardens
5. Crystal Lake
6. Emerald Lakes
7. Green Boulevard
8. Huntington 'Woods
9. Keller Entry Level
10. Lely Barefoot Beach Condo
11. Marker Lake Villas
12. Moorings Park
13. Naples Jaycees Clubhouse
14. Paradise Pointe RV Park
15. Riverbend
In the past staff had the opportunity to apply the Land Development Code (LDC), Section
1 0.02.07.C.1.b to detern1ine the status of development within PUDs once the PUD reached a
"built-out" of 90%. Many of the PUDs listed in this petition had been reviewed under this
criterion and have memoranda documenting staffs administrative determinations of "Build-
Out".
However, with the adoption in January 2007 of Ordinance 06-63, Section, 1 0.02.07.C.1.b of the
LDC was revised to read that "built-out" occurred at 100%. This amendment eliminated staff's
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
that amendment was to encourage the development owners to relinquish unused density, or
phantom units, and/or intensity through a board petition which would amend the PUD so that the
PUD was not burdened by the annual reporting demands. To my knowledge no developments
have acted in this manner.
Additionally, administrative Built-Out determinations have been re-evaluated by current staff.
Commitments within these "Built-Out" PUDs have been reviewed and encumbrances 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, 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.
Once a PUD receives a Built-Out status through this Close-Out process and the final
determination of the Board authorizes these PUDs as Closed-Out, the Closed-Out PUDs will be
eliminated from any further demands for commitment contributions or assessment of
commitment compliance by staff and their Closed-Out status will remain so until subsequent
action by the Board of County Commissioners approves an amendment specific to each PUD
causing the PUD to return to an active status.
2
Agenda Item No, 8e
Oc;tober 28, 20GB
Page :3 of 14
Staff requests that the Board waive the application fees established for the reviews and the
processing of these selected PUDs for the following reasons:
I. 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. (90 % rule)
3. Special circumstances and age of the remaining PUDs include them for a fee waiver.
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 to be
reviewed, the verification reviews and the presentations 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 reports and the issuance
of notification through the U.S. Mail.
GROWTH MANAGEMENT IMPACT:
Not applicable.
LEGAL CONSIDERATIONS:
This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for
Board action. (STW)
RECOMMENDA TION:
1. Staff recommends that the Board of County Commissioners approve the Close-Out of the
fi)Ilowing PUDs which have been verified as in full compliance:
Cheshire Arms Apartments
Crystal Lake
Emerald Lakes
Huntington Woods
Keller Entry Level
Lely Barefoot Beach Condo
Marker Lake Villas
ParadisePoil1t RV Resort
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AGenda Item !\lo, 8e
~ October 28, 2008
?age 4 of 14
2. Staff recommends that the Board of County Commissioners approve the Close-Out of the
following PUD which was verified as in compliance through a reliance on recorded
development plans indicating commitment items were deemed unnecessary:
Cay Lagoon
3. Staff recommends that the Board of County Commissioners approve the Close-Out of the
following PUD which was verified as in full compliance and needs to satisfy the
maintenance items identified by the reviewing staff:
Brighton Gardens
4. Staff recommends that the Board of County Commissioners approve the Close-Out of the
following PUDs which 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:
Citrus Gardens PUD with a recommendation to waive:
· Two roadway easements
· Interconnection of loop road
· Arteriallevellighting
Green Boulevard PUD with a recommendation to waive:
· Sidewalk requirements due to the approval and acceptance of the SDP
which does not include a sidewalk.
5. Staffrecommends that the Board of County Commissioners approve the Close-Out of the
following PUDs which have been annexed to the City of Naples or purchased by the
State of Florida:
Moorings Park - Annexed to the City of Naples
Naples Jaycee Clubhouse - Condemned by the State of Florida for a road project
Riverbend - Sold to the State of Florida
6. 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
4
Aqenda Item No. Be
~ October 28, 2008
Page 5 of 14
Table 1 Summarv of PUDs considered for Close-Out
Bri2hton Gardens PUD
Ordinance Authorized:
Recorded Build-Out:
117 Unit (133 beds total)
133 beds; 93 assisted living & 40 skilled nursing beds
Memorandum of Built-Out filed March 3, 1999 by Planning Manger, Ron Nino stating that all
of the developer commitments had been fulfilled.
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: Norman Feder
Granted by: Jim DeLony
Granted by: William Lorenz
Comments: During the Environmental Reviews it was found that the environmental conditions
were met but maintenance issues required action. Voluntary compliance was discussed on-site
with the complex manager August 27, 2008. A re-inspection is scheduled in one month.
Cav La200n pun
Ordinance Authorized:
Recorded Build-Out:
32 Multi- Family Units
32 Multi-Family Units
Memorandum of Built-Out filed May 2, 2003 by Planner, Joyce Ernst stating that all of the
developer commitments had been fulfilled.
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: Norman Feder
Granted by: Jim DeLony
Granted by: William Lorenz
Comments: During the Environmental and Engineering Reviews it was found that a fence on the
West side of the properiy was required and no fence in that location \vas found. Acceptance of
the approved development plans and required inspections indicate that the fence on the West side
of the property was deemed unnecessary.
5
Item r~o. 8C
Oct::;ber 28, 20GB
Page 6 of 14
Cheshire Arms Apartments pun
Ordinance Authorized:
Recorded Build-Out:
60 Cnits
60 Units
Memorandum of Built-Out - None filed.
Approvals:
Environmental
Transportation
Public Utilities
Engineering
Comments: None
Citrus Gardens pun
Administrative reviews and approval
Admimstrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: William Lorenz
Granted by: Nonnan Feder
Not in Water-Sewer District
Granted by: William Lorenz
Ordinance Authorized:
Recorded Build-Out:
396 Units
396 Total Units: 144 Single Family, 252 Multi- Family
Memorandum of Built-Out - None filed.
Approyals:
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
Denied by: N0D11an Feder
Granted by: Roy Anderson
Granted by: William Lorenz
Comments: During the Transportation Revie\vs it was found that three commitments were not
met. Due to this finding the Administrator denied the approval of the close-out request.
However, acceptance of the approved development plans and required inspections for this
community and those neighboring Citrus Gardens indicates that these commitments were
deemed unnecessary,
Additionally, Citrus Gardens was audited in the first group of PUDs presented to the BCe, June
3,2003. At that time the interconnection conmlitment was discussed and Commissioner Henning
stated that it \vas a Board's decision not to have the interconnection developed.
6
Agenda Item No. 8e
October 28, 2008
Page 7 of 14
Citrus Gardens PUD (continued)
PUD Audit Workshops that followed held discussions pertaining to unruet commitments
inherited by the Home Owner Associations and/or Property Owner Associations (HOAlPOAs).
The Board's direction regarding unsatisfied commitments held by associations was to bring them
to the Board for a release or waiver. It is staffs intent at this time to request that the
commitments following be waived.
Request: Waive the following commitments:
. A minimum of two road easements to the property to the east shall be provided
for future residential development.
. Developer shall provide on the subject property the connection of its loop road (at a
minimum oftwo locations) to roads in existing or future residential projects adjacent
to Citrus Gardens PUD to the east and extending to the proposed Livingston Road
extension. Residents of such existing or future projects shall be entitled to ingress
and egress over and through the Citrus Gardens loop road by the appropriate grant of
easement rights.
· The petitioner shall provide arterial level street lighting at the project
entrance.
· Littoral zones shall be created in the existing lake with side slopes to comply
with the South Florida Water Management District and County Water
Management Department requirements.
Crvstal Lake PUD
Ordinance Authorized:
Recorded Build-Out:
490 Units
490 Lots
Memorandum of Built-Out filed November 18, 1997, by Planning Technician, Nonna Boone,
stating that all of the developer commitments had been fulfilled.
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: Norman Feder
Granted by: Roy Anderson
Granted by: William Lorenz
Comments: None
7
Emerald Lakes PUD
Aqenda !t-Sfl1 f'Jo. Be
. October 28. 2008
Page e of 14
Ordinance Authorized:
Recorded Build-Out:
525 Total units
525 Total units
Memorandum of Built-Out filed October 13, 1995 by Planning Technician, Cecilia Martin
stating that all of the developer commitments had been fulfilled.
Approvals:
Environmental
Transportation
Public Utilities
Engineering
Supervisor of
Elections
Comments: None
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Green Boulevard PUD
Granted by: William Lorenz
Granted by: Norman Feder
Granted by: Roy Anderson
Granted by: William Lorenz
Granted by: Gary Beauchamp
Ordinance Authorized:
Recordcd Build-Out:
9 I 2 Multi-Family Units
9 12 Apartment Units
Memorandum of Built-Out filed December 3, 2002 by Joyce Ernst stating that all of the
developer commitments had been fulfilled.
Approvals:
Environmental
T ransportati on
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative revie\vs and approval
Granted by:William Lorenz
Denied by: Norman Feder
Not in Water-Sewer District
Granted by: William Lorenz
Commcnts: During the TranspOItation Reviews it \vas found that one commitment for a
sidewalk was not met causing the Administrator to deny the approval of the close-out request.
HOVl'ever, acceptance of the approved development plans and required inspections for this
community indicates that the commitment 'was either deemed unnecessary and/or was not
enforced by staff at time of plan review and approval.
8
Huntin2ton Woods PUD
Ordinance Authorized:
Recorded Build-Out:
26 Multi- Family Units
26 Multi- Family Units
Agenda Item No. se
October 28, 2008
Page 9 of 14
Memorandum of Built-Out filed February 10, 1995 by Planner II, Chahran Badamtchian
stating that all of the developer commitments had been fulfilled.
Approvals:
Environmental
Transportation
Public Utilities
Engineering
Fire Code Official
Comments: None
Keller Entrv Level
No Commitments cited
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Granted by: Norman Feder
Granted by: Roy Anderson
Granted by: William Lorenz
Granted by: Ken Abler
Ordinance Authorized:
Recorded Build-Out:
200 Multi- Family Rentals
200 Multi- Family Rentals
The PUD's approved ordinance had no commitments identified. Due to this fact no reviews or
approvals were required from the Divisional Administrators.
Lelv Barefoot Beach Condo PUD
Ordinance Authorized:
Recorded Build-Out:
50 Multi- Family Units
50 Multi- Family Units
Memorandum of Built-Out - None filed.
Approvals:
Environmental
Transportation
Engineering
Public Utilities
Fire Code Official
Comments: None
No Commitments cited
No Commitments cited
No Commitments cited
Administrative reviews and approval
Administrative reviews and approval
9
Granted by: Roy Anderson
Granted by: Ken Abler
Marker Lake Villas pun
A,qenda itern r~o. se
- October 28. 20G8
F'age 10 of 14
Ordinance Authorized:
Recorded Build-Out:
26 Villas
26 Villas
Memorandum of Built-Out filed February 4, 2002 by Joyce Ernst stating that all of the
developer commitments had been fulfilled.
Approvals:
Environmental
T ransportati on
Public Utilities
Engineering
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Comments: None
Paradise Point PUD
Granted by: William Lorenz
Granted by: Norn1an Feder
Granted by: Roy Anderson
Granted by: William Lorenz
Ordinance Authorized:
Recorded Build-Out:
383 Units
383 Units
Memorandum of Built-Out - None on file
Approvals:
Environmental
T ransportati on
Public Utilities
Engineering
Fire Code Official
Administrative reviews and approval
Administrative revie'.'/s and approval
Administrative reviews and approval
Administrative reviews and approval
Administrative reviews and approval
Comments: None
Exceptional Conditions effectin2 Close-Out:
Granted by: William Lorenz
Granted by: Norn1an Feder
Granted by: Roy Anderson
Granted by: William Lorenz
Granted by: Ken Abler
The following PUDs included in our listed group for Board consideration of Close-Out have
exceptional circumstances. The cireumstances affecting their conu11itments or zoning are noted
below.
Moorings Park - Annexed to the City of Naples
Naples Jaycee Clubhouse - Condemned by the State of Florida for a road project
Riverbend - Sold to the State of Flori(Ja
10
Agenda Item No. se
October 28. 2008
Page 11 of 14
RESOLUTION NO. 2008-
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CLOSING OUT FIFTEEN (15) APPROVED PLANNED
UNIT DEVELOPMENTS: BRIGHTON GARDENS; CA Y
LAGOON; CHESHIRE ARMS AP ARTMENTS; CITRUS
GARDENS; CRYSTAL LAKE; EMERALD LAKES;
GREEN BOULEVARD; HUNTINGTON "'OODS; KELLER
ENTRY LEVEL; LELY BAREFOOT BEACH
CONDOMINIUM; MARKER LAKE VILLAS; MOORINGS
PARK; NAPLES JAYCEES CLUBHOUSE; RIVERBEND
AND PARIDISE POINTE RV RESORT, WHICH HAVE
FULL Y 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 lO.02.13.F.1 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 10.02.13.F: Brighton Gardens, Cay Lagoon, Cheshire Arms Apartments, Citrus
Gardens, Crystal Lake, Emerald Lakes, Green Boulevard, Huntinf,10n Woods, Keller Entry
Level, Lely Barefoot Beach Condominium, Marker Lake Villas, Moorings Park, Naples Jaycees
Clubhouse, Riverbend and Paradise Pointe RV Resort; 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 Vo,'ill become unnecessary upon approval of this Resolution; and
\VHEREAS, certain of the herein nan1ed Planned Unit Developments have explicitly
complied with each and every developer commitment (Cheshire Arms Apartments, Crystal Lake,
Emerald Lakes, Huntington Woods, Keller Entry Level, Lely Barefoot Beach Condominium,
Marker Lake Villas, Paradise Point R V Resort) 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 1O.02.13.F.5 to be determined to be no longer necessary and released by the Board of County
Commissioners.
iterri f\Jo. Be
GeLber 28. 2003
PaJe12::Jf14
NO\V THEREFORE, BE IT RESOL VED 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" for purposes of the Land Development Code Section 10.02.13.F.: Brighton Gardens
(Ord. 96-60), Cay Lagoon (Ord. 92-37), Cheshire Arn1S Apartments (Ord. 84-53), Citrus
Gardens (Ord. 86-33 and 89-25 as amended), Crystal Lake lOrd. 84-73 Partial Rpl.; 0-1; 94-61
and 05-45 as amended), Emerald Lakes (Ord. 82-36; 82-89; 91-66; 91-92 and 91-99 as
amended), Green Boulevard (Ord. 83-51 and 85-23 as amended), Huntington Woods (Ord. 82-
22 and 86-2 as amended), Keller Entry Level (Ord. 80-35), Lcly Barefoot Beach Condominium
(Ord. 85-22 and 87-52 as amended), Marker Lake Villas (Ord. 97-37), Moorings Park (Ord. 79-
19; 79-99; 80-31; 83-1 and 02-12 as amended), ~aplcs Jaycees Clubhouse (Ord. 75-25),
Riverbend (Ord. 81-28) and Paradise Paiute RV Resort (Ord. 89-J and 95-53 as amended).
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same
this day of , 2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COCNT'{ COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Bv:
, Deputy Clerk
TO!\1 HENNING, CHAIRJ\1AN
Approved as to fOim
and legal sufficiency:
/ ! -'" (, ,1
}-T~ I__.~,'I
0;1 f-. - . ~."'~-_..
Stcycn T. \Villiams
Assistant COlmty Attorney
Item Number:
Item Summary:
Meeting Date:
Page I of 2
Agenda Item ~~o se
October 28. 2008
Page '13 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8C
This item requires that ex parte disclosure be provided by Commission Members. Should a
hearing be held on this Item, all participants are required to be sworn in. Recommendation to
approve a resolution of the Board of County Commissioners of Collier County, Florida which
designates the Close-Out of fifteen (15) approved 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.
10/28/2008 90000 AM
Prepared By
MaryAnn Devanas
Community Development &
Environmental Services
Senior Planner
Date
CDES Engineering
9/19/200811:11:47 AM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
10/7/20088:31 AM
Approved By
Steven Williams
Attorney's Office
Assistant County Attorney
Date
Attorney's Office
10/7/20Q8 8:36 AM
Apprond By
,Judy Puig
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
10/7/2008 9:54 AM
Approved By
Marla Ramsey
Public Services
Pubiic Services Administl.ator
Date
Public Services Admin.
10110120084:37 PM
Approved By
Joseph K. Schmitt
Community Development &
!::nvrn:Hlffi6n:tal Services
Community Development &
EnvironmE"nta[ Services Adminstrat.or
Date
Community Development &
10/14120089:13AM
EnvironrnEnta\ Sefvi,:j25, Adtrdn.
Approved By
Joines \/\'. DeLoflji
Public Utilities
Pubiic Utiiities Administrator
Date
Puonc Utdlties Ad~llnfstratlon
iOii 4120GB 2:09 PM
Approved By
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10n2/200R
Norm E. Feoer. AICP
TianSD8 rtai :or: Serl{jces
T,a;-~s.portation Division Administrator
Date
Transportation Se~viGes t\dmin.
10/15:20082:57 PM
Approved By
Nick Casalanguida
Transpor:atior. Services
rJiPO Director
Date
Transportation Planning
10/15/2008 8:18 AM
Approved By
OMS Coordinator
Adminrstr?:tivt=: Services
Applications Analyst
Date
informatIOn Tecrmoi:Jgy
10/16l2008 10:31 AM
Approved By
Mark !s<!okson
County rtana;~e(s Off:~
Budget Analyst
Date
Office of rVianagement & Budget
1 0/16/Z008 11 :25 AM
Approved By
James V. Mudd
Board of CClunty
Comrnjs~:::,;one-s
County Manager
Date
County (\r;anagerts Office
1 0/1S/200S 7:27 PM
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