§ 10.02.13. Planned Unit Development (PUD) Procedures

A.

Generally. Applications for amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the LDC. The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida.

1.

PUD master plan. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for development and redevelopment in the PUD district. The Administrative Code shall establish the information to graphically illustrate the development strategy.

2.

PUD application. The applicant shall submit data supporting and describing the petition for rezoning to PUD that includes a development standards table, developer commitments and a list of deviations from the LDC. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. The PUD application shall include the information identified in the Administrative Code unless determined by the Planning and Zoning Director to be unnecessary to describe the development strategy.

3.

Deviations from master plan elements. The Zoning and Land Development Review Department Director may exempt a petition from certain required elements for the PUD master plan identified in the Administrative Code when the petition contains conditions which demonstrate the element may be waived and will not have a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided to the Board of County Commissioners.

4.

Submittal of School Impact Analysis (SIA) application for residential projects. The applicant shall submit a completed SIA application for the School District's review for a determination of school capacity. Refer to LDC section 10.04.09 for SIA requirements.

B.

Procedures for planned unit development zoning. Petitions for rezoning to PUD in accordance with LDC section 10.02.08 shall be submitted and processed as for a rezoning amendment generally pursuant to LDC section 10.02.08 and in accordance with the following special procedures:

1.

Pre-application meeting. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the Planning and Zoning Department Director and other County staff, agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the pre-application meeting, and to obtain information on any projected plans or programs relative to possible applicable Federal or State requirements or other matters that may affect the proposed PUD. The pre-application meeting should address, but is not limited to, the following:

a.

The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access , drainage, sewer, water, and other utilities.

b.

Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney.

c.

Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan.

d.

The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements.

e.

The adequacy of usable open space areas in existence and as proposed to serve the development .

f.

The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private.

g.

The ability of the subject property and of surrounding areas to accommodate expansion.

h.

Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.

2.

Prehearing conference. Prehearing conferences may be held between the applicant and/or representatives and officials or representatives of the county prior to advertisement of the hearing date. The purpose of the prehearing conference shall be to assist in bringing the application for rezoning to PUD as close to conformity with the intent of the LDC or other applicable regulations, and/or to define specifically any justifiable variations from the application of such regulations.

3.

Staff review and recommendation. Based upon evaluation of the factors set forth above, County staff shall prepare a report containing their review findings and a recommendation of approval or denial.

4.

Hearing before the Planning Commission. Public notice shall be given and a public hearing held before the Planning Commission on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, by name and application number, proposed PUD master plan of development , and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to LDC section 10.02.13 B.2.

5.

Planning Commission hearing and recommendation. The Planning Commission shall make written findings at an advertised public hearing as required in LDC section 10.02.08 and as otherwise required in this section and shall recommend to the Board of County Commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the Planning Commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in LDC section 10.02.08.

a.

The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access , drainage, sewer, water, and other utilities.

b.

Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney.

c.

Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan.

d.

The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements.

e.

The adequacy of usable open space areas in existence and as proposed to serve the development .

f.

The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private.

g.

The ability of the subject property and of surrounding areas to accommodate expansion.

h.

Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.

6.

Action by Board of County Commissioners. Unless the application is withdrawn by the applicant or deemed "closed" pursuant to LDC section 2.03.06, the Board of County Commissioners shall, upon receipt of the Planning Commission's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the PUD rezone application, PUD master plan of development and PUD ordinance, as recommended by the Planning Commission to the Board of County Commissioners. The Board of County Commissioners shall either approve the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning.

C.

Effect of planned unit development zoning. If approved by the Board of County Commissioners, the PUD master plan for development , the PUD ordinance and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the LDC and shall become the standards for development for the subject PUD. The development in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and the PUD master plan for said PUD district, except that approval and adoption of a PUD ordinance or PUD master plan does not authorize or vest the location, design, capacity, or routing of traffic for any access point depicted on, or described in, such ordinance or plan. Before development of any type may proceed, all agreements, conditions of approval, and contracts required, but not approved at the time of amending action, shall be approved by appropriate officers or agencies of the County. Issuance of a final development order within any tract or increment within the PUD shall first require compliance with all sections of the Collier County subdivision regulations (Chapter 10 of the LDC) and/or the site development plan regulations (LDC section 10.02.03) as appropriate.

D.

Time limits for approved PUDs. If prior to July 14, 2014 a PUD contains a sunset provision, the sunset provision shall be deemed null and void. Development rights conferred by an approved PUD shall remain in force so long as they are in accordance with the Collier County Growth Management Plan, as amended.

E.

Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor.

1.

Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where:

a.

A proposed change in the boundary of the PUD;

b.

A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development ;

c.

A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area;

d.

A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces ), or a proposed relocation of nonresidential land uses;

e.

A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities;

f.

A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers;

g.

A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges;

h.

A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use;

i.

Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses;

j.

The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or

k.

Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13.

2.

Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Planning Commission. The Planning Commission approval shall be based on the findings and criteria used for the original application and be an action taken at a regularly scheduled meeting.

a.

The applicant shall provide the Planning and Zoning Department Director documentation which adequately describes the proposed changes as described in the Administrative Code.

3.

Minor changes. The following are considered minor changes, and may be approved by the County Manager or designee under the procedures established in the Administrative Code.

a.

Educational and ancillary plants exception. When a PUD is amended for the sole purpose of adding an Educational and/or ancillary plant , that PUD will not be subject to the review process outlined in section 10.02.13 E.1. The review conducted will be limited to the impacts that the Educational or ancillary plant will have on the surrounding uses.

b.

The County Manager or designee shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include:

i.

Internal realignment of rights-of-way , including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for.

ii.

Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas.

iii.

Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses.

iv.

Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the EAC where applicable.

Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the Planning and Zoning Department Director's consideration for approval.

c.

Affordable housing commitments. Beginning October 3, 2012 the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements , and Settlement Agreements if the following conditions are met:

i.

The applicant notices property owners in writing in accordance with LDC section 10.03.06 T.

ii.

If no written objection is received, the request to remove commitments is deemed approved.

iii.

If a property owner who receives notice submits a written objection within 30 days of mailing of the notice, the matter shall be scheduled for public hearing before the Board of County Commissioners. Public notice shall comply with LDC sections 10.03.05 and 10.03.06.

F.

PUD Monitoring Report requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or designee.

1.

The report shall be submitted annually, on or before the anniversary date of approval by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out).

a.

A tract or parcel of a PUD that has completed construction within that tract may be considered built-out and is not responsible for annual monitoring reports, as long as all PUD commitments within that tract are complete. This built-out status does not exempt the tract owner(s) from commitments applicable to the entire PUD.

2.

The Administrative Code shall establish the submittal requirements for a PUD Annual Monitoring Report.

3.

Monitoring reports must be submitted in affidavit form approved by Collier County to be executed by the owner(s) of the PUD.

4.

County will be given at least 6 month's prior written notice to a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association, or similar entity. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the Planning and Zoning Department Director shall automatically transfer responsibility for filing that annual monitoring report.

5.

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.

6.

The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un-built units and declare themselves "built-out" in order to satisfy all reporting requirements. The applicant shall be responsible for any documentation required to verify the status of the PUD when requesting a waiver or a determination of "built-out" status.

7.

Traffic Count Monitoring requirements. A onetime payment for permanent traffic count stations shall be due at the time of the first PUD Annual Monitoring Report following the first certificate of occupancy within the PUD. The payment shall be based upon the number of ingress and/or egress points ( Access Points) based upon the conceptual Master Plan within the PUD Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Points are granted at any time, an additional payment of $500 per Access Point will be payable with the following PUD Annual Monitoring Report. The Traffic Count monitoring requirement shall be considered fulfilled for all PUDs that have already provided at least one traffic count or payment in lieu of traffic counts. PUDs that have traffic count monitoring language tied to specific commitments within their ordinances shall remain in effect.

G.

Violations. Violation of this section shall be enforced as provided in LDC section 8.08.00.

H.

Interpretations of PUD documents. The Planning Services Department Director shall be authorized to interpret the PUD document and PUD master plan.

I.

Applicability. All applications for either a PUD rezoning or an amendment to an existing PUD document or PUD master plan submitted after January 8, 2003, shall comply with the amended procedures set forth in section 2.02.12 of this Code. All PUDs existing and future, shall comply with the sunset provisions established pursuant to section 2.02.12 D. of this Code.

1.

All applications for a PUD rezoning or an amendment to an existing PUD document or PUD master plan whether submitted before or after [the effective date of this ordinance], shall comply with the processing time procedures set forth in this section of the Code.

J.

Planned unit development districts application processing. An application for a planned development rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a planned development rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. The County Manager or designee will notify applicant of closure, however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current LDC.

K.

Dedication of the public facilities and development of prescribed amenities.

1.

The Board of County Commissioners may, as a condition of approval and adoption of a PUD rezoning and in accordance with the approved master plan of development , require that suitable areas for streets , public rights-of-way , schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for 1 or more required public facilities, the market value of the land set aside for the public purpose may be credited towards such impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by the County Manager or designee, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall automatically authorize the county to determine the market value of the set aside property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government.

2.

Land set aside and/or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the PUD rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the PUD zoning. At no cost to the County, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, except as otherwise approved by the Board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board for consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of the LDC pursuant to LDC subsection 8.08.00 B.

3.

Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document.

L.

Common open space or common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following:

1.

The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan.

2.

In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development , the Planning and Zoning Director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the Planning and Zoning Director shall call upon any public or private agency to maintain the common open space for a period of 1 year. When the Planning and Zoning Director determines that the subject organization is not prepared or able to maintain the common open space or common facilities, such public or private agency shall continue maintenance for yearly periods.

3.

The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties.

(Ord. No. 04-72, § 3.DD; Ord. No. 05-27, § 3.ZZ; Ord. No. 06-07, § 3.W; Ord. No. 06-63, § 3.UU; Ord. No. 08-08, § 3.Q; Ord. No. 09-22, §§ 1—3; Ord. No. 10-23, § 3.UU; Ord. No. 11-21, § 1; Ord. No. 12-28, § 1; Ord. No. 12-38, § 3.JJ; Ord. No. 13-52, § 1; Ord. No. 13-56, § 3.RR; Ord. No. 14-33, § 3.AA)