Agenda 12/08/2020 Item #17E (Resolution - Close-Out of the Napoli Village CPUD)12/08/2020
EXECUTIVE SUMMARY
Recommendation to approve a resolution designating the Close-Out of the adopted Napoli Village
Commercial Planned Unit Development (CPUD) which has fully completed development pursuant
to its development orders constructing up to the authorized density and/or intensity and has been
found by county staff to be compliant with its specific developer commitments.
OBJECTIVE: To have the Board of County Commissioners (Board) approve by resolution the Close-
out of the Napoli Village Commercial Planned Unit Development (CPUD) such that this CPUD will have
commitments deemed completed or no longer necessary and waived in accordance with Section
10.02.13.F.5 of the Land Development Code (LDC) and be relieved of their Annual Monitoring
responsibilities as defined by Sections, 10.02.13.F of the LDC.
CONSIDERATIONS: Staff seeks the approval of the Napoli Village CPUD Close-Out resolution so
that the CPUD is designated, without uncertainty, as “complete,” “built-out” and/or “closed-out” and once
approved will be certified as having met its commitments or having unwarranted commitments waived by
the Board due to the circumstances presented.
The Closed-Out CPUD 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 CPUD. 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 10.02.13.F.
LDC Section 10.02.13.F.5 stipulates 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 approval.”
Staff recommends that the CPUD be released from a transportation commitment. The commitment is for
compensating right-of-way for a turn lane. The turn lane was constructed by the Florida Department of
Transportation years prior to the construction of the CPUD. This commitment states:
If any required turn lane improvement requires the use of any existing Count y rights-of-way or
easement(s), then compensating rights-of-way or easements shall be provided at no cost to Collier County
as a consequence of such improvement(s) upon final approval of the turn lane design during the first site
development plan approval stage. The typical cross-section may not differ from the existing roadway
unless approved, in writing, by the Transportation Division Administrator, or his designee.
After the final determination of Close-Out is rendered by the Board of County Commissioners this
Closed-Out PUD will be eliminated from any further demands for commitment contributions or
assessment of commitment compliance by staff and the PUD will remain Closed-Out until subsequent
action is approved by the Board of County Commissioners as an amendment specific to the PUD. The
PUD amendment will then return the PUD to an active status for monitoring.
The Napoli Village CPUD summary of development and compliance with the developer commitments
follows:
Ordinance: 08-14
Ordinance Authorized: 225 Adult Living Units
Recorded Built Out: 186 Adult Living Units
Relinquishing Units: 39 Adult Living Units
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FISCAL IMPACT: The Close-Out of the Napoli Village CPUD will have no fiscal impact on the
County. The application fee submitted has been applied to the staff hours allocated to the preparation of
the CPUD 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. 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: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for Board approval. -JAK
RECOMMENDATION: To approve the Resolution and authorize the Chairman to sign the Resolution
for Close-Out of the Napoli Village CPUD which has been verified as in full compliance.
Prepared by: Laurie Beard, Project Manager, Development Review Division
ATTACHMENT(S)
1. Close Out Application (PDF)
2. Resolution - Close Out of Napoli Village CPUD - wr (DOCX)
3. legal ad - agenda ID 13932 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E
Doc ID: 13932
Item Summary: Recommendation to approve a resolution designating the Close-Out of the
adopted Napoli Village Commercial Planned Unit Development (CPUD) which has fully completed
development pursuant to its development orders constructing up to the authorized density and/or intensity
and has been found by county staff to be compliant with its specific developer commitments.
Meeting Date: 12/08/2020
Prepared by:
Title: Project Manager – Growth Management Development Review
Name: Laurie Beard
10/14/2020 1:39 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
10/14/2020 1:39 PM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Trinity Scott Additional Reviewer Completed 10/14/2020 1:47 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/14/2020 2:18 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/02/2020 8:49 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/02/2020 2:06 PM
Growth Management Department James C French Deputy Department Head Review Completed 11/03/2020 1:56 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/03/2020 4:36 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 11/03/2020 4:46 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/03/2020 4:58 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/04/2020 8:54 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/30/2020 10:46 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
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Packet Pg. 3776 Attachment: Close Out Application (13932 : Napoli Village Close Out)
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Packet Pg. 3777 Attachment: Close Out Application (13932 : Napoli Village Close Out)
[20-CMD-00149/1567537/1]
RESOLUTION NO. 2020 - ____
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, CLOSING THE APPROVED NAPOLI
VILLAGE COMMERCIAL PLANNED UNIT DEVELOPMENT WHICH HAS
FULLY COMPLETED ALL ITS DEVELOPMENT PURSUANT TO ITS
DEVELOPMENT ORDER(S) AND HAS BEEN FOUND BY COLLIER
COUNTY TO BE COMPLIANT WITH ITS SPECIFIC DEVELOPER
COMMITMENTS.
WHEREAS, it is in the mutual interests of the Napoli Village Commercial Planned Unit
Development and Collier County to close out the 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 Planned Unit Development has explicitly complied with each and every
developer commitment except for one remaining transportation commitment for compensating right-
of-way for a turn lane. As the turn lane was constructed by the Florida Department of
Transportation years prior to the construction of the Napoli Village CPUD, staff has deemed this
commitment to be no longer necessary; and
WHEREAS, LDC Section 10.02.13.F.5 requires that a release of PUD commitments
determined to be no longer necessary be approved by the Board of County Commissioners.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Napoli Village Commercial
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 ___________________, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By:_____________________________ By:_____________________________
, Deputy Clerk BURT L. SAUNDERS, CHAIRMAN
Approved as to form and legality:
________________________
Jeffrey A. Klatzkow, County Attorney
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Packet Pg. 3778 Attachment: Resolution - Close Out of Napoli Village CPUD - wr (13932 : Napoli Village Close Out)
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Packet Pg. 3779 Attachment: legal ad - agenda ID 13932 (13932 : Napoli Village Close Out)