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Agenda 06/13/2017 Item # 2D06/13/2017 COLLIER COUNTY Board of County Commissioners Item Number: 2.D Item Summary: May 11, 2017 - BCC/Master Plan Update/Rural Fringe Workshop Minutes Meeting Date: 06/13/2017 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 05/30/2017 12:24 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 05/30/2017 12:24 PM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 05/30/2017 1:30 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/13/2017 9:00 AM 2.D Packet Pg. 20 May 11. 2017 1 MINUTES OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS WORKSHOP MEETING Naples, Florida, May 11, 2017 LET IT BE REMEMBERED the Board of County Commissioners in and for the County of Collier, having conducted business herein, met on this date at 1:00 PM in a WORKSHOP SESSION in Building “F” of the Government Complex, Naples, Florida with the Following members present: Chairman: Penny Taylor Vice Chairman: Andy Solis Donna Fiala Burt L. Saunders William L. McDaniel, Jr. ALSO PRESENT: Leo Ochs, County Manager Jeff Klatzkow, County Attorney Troy Miller, TV Operations Manager Kris Van Lengen, Community Planning Manager Anita Jenkins, Principal Planner 2.D.a Packet Pg. 21 Attachment: May 11 2017 PM Workshop (3291 : May 11, 2017 - BCC/Master Plan Update/Rural Fringe Workshop) May 11. 2017 2 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Pledge of Allegiance The Pledge of Allegiance was recited. 2. Workshop Topics 2.1 Introduction Overview Mr. Van Lengen reported:  A BCC Workshop was held on January 3, 2017 where Staff received direction on the amendments to the Growth Management Plan for the RFMUD in 3 areas:  No further consideration for development of a County TDR Bank.  Return with information for consideration on the density to be allowed in the receiving areas.  Other concepts for future ownership of sending lands (other than a TDC Bank).  The amendments are scheduled to be transmitted to the BCC in the Fall of 2017 and forwarded to the State following BCC approval and adopt GMP amendments in 2018. 2.2 Receiving Lands Development Patterns Ms. Jenkins introduced the PowerPoint” Rural Fringe Mixed-Use District (RFMUD) Restudy Direction Board of County Commissioners Workshop May 11, 2017” noting:  At the first workshop the BCC requested Staff to consider items such as future population growth, environmental and water resources, integrating environmental functions of land with development, transportation impacts, housing affordability and flexibility to plan for future preferences when proposing densities for the area.  Currently there are 3 types of residential development permitted in the receiving areas: large scale single family lots, cluster housing (gated communities) and villages at a density of 3 units per acre.  Staff developed 3 scenarios for testing for the allowed, but not guaranteed density of the south receiving area north of US41 and East of Collier Blvd, baseline (gross density 2.5 acres), midrange (gross density 3.5 acres) and high range (gross density 5.7 acres)  Objectives for development of the area include complementary land uses, housing diversity and affordability, adequate transportation and mobility networks, provision of economic diversity and vitality.  Public input indicated a preference for development of mixed-use villages with the current minimum requirements for a village being a property 300 acres or more in size. Staff proposed 3 points for consideration by the BCC: 1. Removing the limit of one village permitted per receiving area. 2. Density of Villages – Staff recommends 4 – 7 units per acre. 3. Density of Cluster Development – Staff recommends 2 units per acre. Speakers Alison Wescott, Conservancy of Southwest Florida supports Staff’s recommendation for increasing density through the use of TDR’s to help support the proposed land uses and economic vitality of the areas. She recommends creating a streamlined permit process for development of the targeted areas through the use of zoning overlays, etc. 2.D.a Packet Pg. 22 Attachment: May 11 2017 PM Workshop (3291 : May 11, 2017 - BCC/Master Plan Update/Rural Fringe Workshop) May 11. 2017 3 Nick Kouloheras stressed the need for housing affordability and the current density of 2 units per acre does not promote housing affordability. Tim Hancock, Stantec noted for a successful program, regulations need to facilitate operation in the marketplace which is the ultimate determination for the demand of the credits. Each receiving area has different parameters and recommended the requirements be distinct for each one to ensure their individual characteristics are addressed. Any regulations developed, where feasible should have built in flexibility so they may be easily amended to address changing demands by consumers. Brad Cornell, Audubon of the Western Everglades supports Staff’s recommendation for the density increase and there needs to be flexibility in the regulations to adjust to changing times. The focus should be on the type of community envisioned in the areas as opposed to the density goal. Bill Barton wants to ensure any changes incorporated into the standards deal with the increased stormwater runoff created by the development and the regulations address provisions for any flowways in the receiving areas. The canals are already overburdened as during their original development, the current volume of water encountered was not anticipated by those who designed them. Consideration should be given to promoting development of large scale retention facilities in these areas as water could be pumped from existing canals to these holding areas. Robert Mulhere, Rural Fringe Coalition noted stakeholders were heavily engaged in the process and recommended the goals in the Growth Management Plan be broad based and the Land Development Code (LDC) provide the details to implement the program given the LDC is much easier to amend from time to time. Bruce Anderson, Rural Fringe Coalition noted the Coalition undertook a study with 24 recommendations, many of which are incorporated into Staff’s 41 recommendations. He noted the program should be incentive based to ensure a successful outcome. Mike Timmerman, Myers Group noted impact of existing densities and development needs to be considered in any analysis, not just future development. Staff noted they did consider uses outside the targeted receiving areas when developing theIR models for development. Under BCC discussions, the following was noted:  Staff should provide models of development of the areas with no regulation in place, the current regulations and any proposed regulations for analysis purposes.  It is important to ensure flexibility is built into the program to aid in managing any unintended consequences.  Concern establishing a 300 acre minimum land area for a village may create an environment whereby a property owner may opt to develop a property outside the requirements for a village.  Ensure there is a balance of credits for supply and demand – Staff noted the purpose today is to establish the density which will allow them to develop a balanced program.  Historically, it has been difficult to attract businesses and development to the area targeted for US41 south of Collier Blvd with Staff noting the zoning changes would be a greater incentive and eliminate uncertainty for developers who are considering developing property in the area.  Consideration should be given to providing mechanisms in the program to protecting the existing agricultural resources in the area including any options for lands in the “neutral lands.” Discussion in the end of the meeting noted consideration may want to be given to promoting agriculture uses in the sending area as well, primarily “passive agriculture,” (tree farms, wildlife rescue operations, etc.) some of which is already occurring. 2.D.a Packet Pg. 23 Attachment: May 11 2017 PM Workshop (3291 : May 11, 2017 - BCC/Master Plan Update/Rural Fringe Workshop) May 11. 2017 4 Straw Polls for Staff Recommendations 1. Removing the limit of one village permitted per receiving area. Yes - Commissioners McDaniel, Saunders and Solis. No - Commissioner Fiala and Chairman Taylor – Commissioner Fiala expressed concern on the lack of a cap for the number of villages in the receiving area given the density of development that may ultimately occur in these areas which would potentially alter the character of Collier County. 2. Density of Villages – Staff recommends 4 – 7 units per acre. Commissioner McDaniel recommended the language be revised to provide “up to 7 units per acre” as opposed to a density from 3 – 7 acres. Mr. Klatzkow cautioned establishing a threshold up to 7 units per acre may bequeath a certain density and the County could face a Bert Harris claim should it be determined there is a desire to reduce the density in the future. Commissioner Fiala expressed concern on increasing the density to 7 units per acre without further study. Commissioner Saunders recommended endorsing Staff’s recommendation of a density of 4 – 7 acres at this point in time and there will be opportunities for further discussion on if the language should be “up to 7 units per acre.” Density of 4 – 7 acres Yes – Commissioner McDaniel, Saunders, Solis and Chairman Taylor. No – Commissioner Fiala. 3. Density of Cluster Development – Staff recommends 2 units per acre. Yes – Commissioners Saunders, McDaniel, Solis, Fiala and Chairman Taylor. 2.3 Sending Lands: Public Ownership Staff noted one major issue with the current program is there is no “receiving entity” for those in the North Belle Meade area (as opposed to South Belle Meade where the State provides a mechanism) whereby owners can sever their 3 and 4th credits. The BCC requested Staff to consider the following options: 1. Should Conservation Collier accept ownership of donated sending lands if no other pubic agency is willing? 2. Should the County continue to work toward state and federal mitigation bank applications for portions of the donated land? They noted:  The funding avenues for maintaining lands held by Conservation Collier include:  Provision of funds along with the donation of lands.  Creating an additional TDR on the lands made available for County use.  Creating a mitigation bank in some of the areas where appropriate.  Incorporating it into the Conservation Collier budget process.  A mitigation bank would potentially provide an avenue for the County to use wetland mitigation credits and/or Panther Habitat Units for construction of their capital projects essentially recycling monies back to the County instead of the funds being transferred to another entity offering the service. Speakers 2.D.a Packet Pg. 24 Attachment: May 11 2017 PM Workshop (3291 : May 11, 2017 - BCC/Master Plan Update/Rural Fringe Workshop) May 11. 2017 5 Nancy Payton, Florida Wildlife Federation supports both recommendations and encouraged reconsideration for a County. TDR bank. Funding mechanism’s would include establishing a “1/4” millage that could be used for Conservation Collier or as a “green fee” for the County to promote and fund other environmental projects. Nicole Johnson, Conservancy of Southwest Florida supports Staff recommendations but cautioned on adding additional TDR’s especially to those lands with credits currently severed as it could negatively impact the small landowners as the large landholders will utilize these credits first given they are already “in the program.” Consider protecting existing agriculture lands but not creating opportunities for new agriculture development in sending areas whereby lands would be cleared for uses such as row crops, etc. Brad Cornell, Audubon of the Western Everglades supports staff’s recommendation for Conservation Collier holdings. Suggested the County revisit the decision on not developing a TDR bank. Garrett Beyrent noted consideration should be given to identifying avenues to promote upland off site preservation areas in the estates via urban area development. Kay Kluever reported she is a landowner in the sending area and the County should not discourage existing or future passive agriculture uses such as tree farms, wildlife preservation activities, etc. that are already occurring in the area. Straw Poll on Staff Recommendations 1. Conservation Collier Yes - Commissioners Saunders, Fiala, Chairman Taylor. No – Commissioners McDaniel and Solis. Commissioner Solis needs further information on the change in processes and policies required to the Conservation Collier program for implementing the recommendation. 2. Mitigation Bank Yes – Commissioners Fiala, Saunders and Chairman Taylor. No – Commissioners McDaniel and Solis. Mr. Klatzkow noted one benefit compared to other land holding mechanisms is the parcels under Conservation Collier’s (County) control is they may be utilized for other purposes should the County decide at some point in the future, whereas with a mitigation bank, etc. the lands will be held in conservation in perpetuity. Reconsideration of Establishing a TDR Bank Yes – Commissioners Fiala, Saunders and Chairman Taylor. No – Commissioners McDaniel and Solis. The Board directed Staff to categorize the 41 recommendations in the Report by those required for the Growth Management Plan, Land Development Code and Administrative Code and return the item for their review at a future date. 3. Public Comment None 2.D.a Packet Pg. 25 Attachment: May 11 2017 PM Workshop (3291 : May 11, 2017 - BCC/Master Plan Update/Rural Fringe Workshop) May 11. 2017 6 ***** There being no further business for the good of the County, the meeting was adjourned by order of the chair at 4:15 P.M. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _______________________________________ Chairman, Penny Taylor ATTEST: Dwight E. Brock, Clerk _____________________ These minutes approved by the Board/Committee on _________________ as presented________ or as amended ___________. 2.D.a Packet Pg. 26 Attachment: May 11 2017 PM Workshop (3291 : May 11, 2017 - BCC/Master Plan Update/Rural Fringe Workshop)