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Agenda 03/25/2005 W COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ Transportation Concurrency Workshop Agenda March 25, 2005 9:00 a.m. Donna Fiala, Commissioner, District 1 Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Tom Henning, Commissioner, District 3- Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 03-53 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. " '. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Pledge of Allegiance 2. Presentation and review of the Roads Level of Service Standards (LOSS) Traffic Count Measurement Basis alternatives: "The currently adopted ten-month peak traffic, omitting February and March, (250th highest hour equivalent) VS. Twelve-month peak traffic (lOOth highest hour)" A. Overview of concurrency-current policies and staff application of those policies. B. "Easter Sunday", the rationale behind the currently adopted LOSS basis, ten-month (250th highest hour) C. Demonstration of the previous twelve-month traffic count on the "2004 AUIR Transportation Database" D. TCMA and the traffic count basis. What is a TCMA? How does the count basis impact concurrency within a TCMA? E. "Checkbook" balance impact of the application of the twelve-month count basis today. 1. New analytically deficient links? Short-term impacts such as temporary DO issuance disruptions in certain areas? What are County response options? 2. Long-term impacts on the LRTP, CIE Schedule of Capital Improvements or BCC budget policy? Would it chang~ any realities or challenges? F. The balanced compromise approach to roads concurrency, "Ten-month traffic count, 2-year project reliance, and 50% impact fees at SDP or plat?" 3. The 2005 Collier County Build-Out Study- Summary of findings and projections. 4. Outline of current Florida concurrency statutes and regulations. What have the courts said? 5. How and when are "vested development rights" established? What are the time factors? Such that: What development rights are being vested? What constitutes a vested development in Collier County? Recommended follow-up actions: A. EAR-based amendments. Density bonuses elimination B. PUD Retirement and Expiration Ordinance. Working discussion draft provided C. Declaration of no vesting by the BCC for density or concurrency for currently approved but unbuilt (no final local development order) PUDs. PUD owners may assert and reestablish any vested rights through available processes: 1. LDC Sections 9.02.00-09. Vested Rights & Takings Determinations. Unbuilt units and/or concurrency 2. LDC Section 10.02.07.B.6. Submittal Requirements for Certificates of Public Facility Adequacy Roads concurrency COA 6. CCPC Comments and Consensus Recommendations 7. Question and Answer Period 8. Adjourn ';1 NOTICE OF THE BOARD OF COUNTY COMMISSIONERS WORKSHOP Notice is hereby given that a workshop will be held by the Board of County Commissioners at 9:00 a.m., Friday, March 25,2005, in the 3rd Floor BCC Chambers located in the W. Harmon Turner Building (Bldg. F) located at 3301 E. Tamiami Trail, Naples, Florida, tQ consider: A WORKSHOP WITH THE BOARD OF COUNTY COMMISSIONERS TO INCLUDE DISCUSSION AND REVIEW OF THE COLLIER COUNTY PUBLIC ROADS LEVEL OF SERVICE STANDARDS (LOSS) AND TRAFFIC COUNT MEASUREMENT ALTERNATIVES. DISCUSSION ABOUT TRANSPORTATION CONCURRENCY MANAGEMENT AREAS (TCMA) AND TRAFFIC COUNT BASIS INCLUDING "CHECKBOOK" CONCURRENCY AND COUNTY RESPONSE OPTIONS TO DEFICIENT ROADWAY LINKS, DISCUSSION REGARDING LONG TERM TRANSPORTATION IMPACTS AND THE CAPITAL:. IMPROVEMENTS ELEMENT SCHEDULE OF CAPITAL IMPROVEMENTS. DISCUSSION ON FLORIDA STATUTES AND REGULATIONS REGARDING CONCURRENCY. DISCUSSION ON VESTED DEVELOPMENT RIGHTS - HOW AND WHEN ARE VESTED RIGHTS ESTABLISHED, WHAT ARE THE TIME FACTORS AND WHAT CONSTITUTES A VESTED DEVELOPMENT IN COLLIER COUNTY. All interested parties are invited to appear and be heard. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, Chairman DWIGHT E. BROCK, CLERK By: /s/P.iiltricia Morgan DeputY'l~lerk . II Ol[] I Ji¡!~¡U iinj~ n -::. I ~ II' : .. ¡ !' ~ ~ . :z o .... .... ~ 3:~ 1:1:1 t'þ :;1!. ~-I c""" t'þ I» 3 :I .(b ~ "8 -I ........XI » S" I ;=:U" 1:1) 0 .-.~ -1(") no i:= >0 -c =I (Ii ::I n '< . :" .. . n j. . . - . ..- r· iií ! IL~ . .., , - . , ~, I : r .. ~ ... u n i... .... f' .¡; ,. .. !' . ... . ".J o' ~ ¡ill OW' . :: n ,. .,. * -.., ... 1:1 I ttt t4't'1 11ill"l ......~..., "", .,.- "., .. ;)fi" .~ , .. ..... - 4. '!.)~- "- ~ ;::!n ;;:2 S 1". " ~,] ~~:»r;' "'II) fÍ\~ .~.1Il J,r.) ('f:.J;'¡:'JvI" . ! 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I" ~.. ..:: (¿ It. ~ d Hili; r·-.... .,. ~ ... ! ~t ~ ~.- ~ C.;> - ..... ~ ; r ~(I n ... t' :l ~ . ~ ~ I . ,~ :~~ § J: I~I~:: ~ ~ ".... - ~ ...,...~ ~! ~ .. ~ ~'~. ~. ~ J, J ;<: q,': q, ,.1;:; In . I~ , ~ ::~ ~ !. ~_I .... .. "þo ~ _.. hi ; i"~ ;l 'J þQ ~ Q\ ~ . ~ õ.; ~ ~ ~. (~) ~ a~ N~ Á.L/'ir·:X) ..... '-.' t-J C") c 0 0;:) -.) fJ .0 I~ f-I 0" 0 \.»~ .~ iÐ .., ~. ~. BONITA BEACH RD WIGGINS PASS RD 2 ~ í, -¡¡, o " ~ ~ q., ~ ~ o o ..' s Legend "I _ 2005 Deficiency II _ 2006 Deficiency _ 2007 Deficiency _ 2008 Deficiency 2009 Deficiency .... Existing Deficiency EL::2d TCMA Boundary [~f.~ TCEA Boundary Major Roads County Boundary ~ " ~ Q ò' ¡ m " '" P -I ~ @ LEE Cc?~~T( L1.NE. IMMOKAlEE RD c-. <: z " ~ o z " o ~ IMMOKALFE RD CST 06 I- CST 05 CST 07 Green Blvd, Construction TCMA Area ~ ~ -' UNDER CST GOLDEN GATE BLVD To Everglades Blvd ;;! ;: :;; 1; -I F! z " 8 ®~ ~ :0 o Z CST 05 » ~ § ." .:< VANDE CHRD c- <: z " '" -< o 'z ¡g '" . (J Intersection Improvements J; CST 05 /' Within TCMA Area ~ /: » :0 '" ". ;; ." o :0 -< -u F z " :0 o CST 07 DAVIS BLVD '/'f/x:· . I§ ;V:w~'n TCEA Area ~ . ê CST 05 ~ ~ I ~ RATTLESN ¡jH^,...~r~ DO .. ¡§ "'\ CST 05 "'" ~ <1' Within TCMA Area. CST 06 Within TCMA Area FDOT Project in FY 2009 CST 06 PROJECTED COLLIER COUNTY DEFICIENT ROADS FY 2004/05 - FY 2008/09 " :0 o UNDER CST . PINE RIDGE RD PINE RIDGE RD EXT GREEN BLVD GOLDEN GATE PAR~AY CST 05 RADIO ku 'I~ 'J];" " "~ CST 05 ~~ 0Q ""&" "'~-9. 0' Transportation Services Division Transportation Planning Department November, 2004 GIS Mapping: Beth Yang File: G:/Data RequesUDeficientRoad.mxd 17 : - '" 00 '" -.. -.. a- '" '" ~ t; ,~ '~ ,~ '~ .~ (") 'CO ;¡; ,~ ,~ '" ~ '" -.. 00 ,~ .. .. '" '" '" '~ '" '" u. '" '" g '" ~ '" ::g '" ;¡; ::g ::::: '" 'CO g; '" ~ 'CO '" '" ::g '" ~ '" ... '" '" '" '" ::g '" ::g 'CO 'CO a- '" '" ::g a '" '" '" '" !Z '" '" ß 13 :ó: 8 8 ~ :::; '" ,~ ¡;: :;; ;: c ~ 00 - .. u. .. - '~ - ,-.> - - .. 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'A ¡;: 'A '" ~ C N os '" ;j '" '" 'A '" W '" '" '" '" '" '" ~ N -J 00 -J !ì '" '" V> '" W '" '" '" N '" '" '" .... N -J 00 <= ~ ~ § ~ ~ V> ~ '" V> 'A -J '" '" os '" 'A '" N '" '" '" '" '" '" ~ N -J ',,", .... ¡;: -J N W W .þ. Õ V> W '" ~ '" õo ¡~ ~ '" w ~ :.. ~ Ój ~ ~ 00 N ¡~ W ~ :ß -J :;¿ ;; ~ !3 (;; '" V> .þ. - 'A '" ~: ¡: ¡;. [{'''''l ~ =- ". ~. ,.., ;z: " ~ ~ "" ¡¡ ;z: "" "." .. C .. ~., ~ .., ::I, '0 ~ æ: '" â e. ~ Or '" .¡ -< ~ .. [ei -< ~ .." [ -< ~ ~ ~ '" (') .. '0 [ :¡> ,*. a ~ i !:: .." -< <= -J .." -< Ii ::¿ <= '" ~;3 ~é: Listed below are the developments that have been affected by the concurrency requirements: 1. Artesia Point (SR 951 south of US 41): This project includes the proposed Super Wal Mart on CR 951 south of US 41. The current site plan cannot be approved due to a lack of capacity on SR 951 south of US 41, The Developers are currently proceeding with a Developers Contribution Agreement to address sixJaning of SR 951 from their southern entrance through the US 411SR 951 intersection which would then include this widening within our design and construction project from Davis Boulevard to US 41, Requested Change: AR-3860 A rezone from "RSF-3" and "PUD" to "PUD" Planning Unit Development, known as Henderson Creek PUD by revising the PUD document and Master Plan by increasing acreage from 45 acres to 82 acres, changing from a residential to mixed use community, changing density-from 7.8 dwelling units per acre to 7.66 consisting of 360 residential dwelling units within areas designated "R" on the conceptual Master Plan of which a minimum of 200 must qualify as affordable housing and adding commercial uses for a maximum of 325,000 square feet of gross leasable area, 2, Tuscany Isles (Journey's End - SR 951 south of US 41): This site plan is also on hold on SR 951 south of US 41 due to a lack of capacity. AR-6048 SDP Site Development Plan submittal proposing to develop approximately 66 acres, currently zoned RMF-16 with a mixture of two-story town homes and two-story apartment homes style dwelling units, a portion of the units provide garage parking spaces. The total proposed number of dwelling units is 483, The recreation center will contain a multi-purpose clubhouse with a pool. 3, Lowes (Southwest quadrant of US 41 and SR/CR 951): This is not at site planning yet but applicant was told during a pre-application meeting with transportation that they would not be able to proceed, AR-6161 Pre-application meeting held 6/1612004 for a site development plan, (No further information), 4. East Gateway (Davis Boulevard west of CR 951): Rezoning that was phased based on concurrency problems in the area that requires that the Collier Boulevard/Davis Boulevard intersection can be shown that is working at an acceptable LOS. The Developer is also required to donate right-of-way for Davis Boulevard if it is needed, AR-1842 A rezone from A, RSF-4, RMF-6, RMF-12 and C-4 to PUD to be known as East Gateway PUD for a maximum of 200,000 sf of commercial uses and 250,000 sf of industrial/office uses. 5. Wentworth Estates (US 41 south of Rattlesnake Hammock): Rezoning that required a transfer of 1,000 vested units from Le1y Development lowering the level of development in Lely from 10,150 to 9,150 units, The Developers were also required to make additional intersection and lighting improvements at a level of $432,000. AR-3495 a rezone from "PUD" to "PUD" Planned Unit Development to be known as Wentworth Estates PUD for a maximum of 1,499 residential dwelling units, 85,000 sf of commercial uses, l8-hole golf course and associated amenities, for property located on the southwest side of Tamiami Trail East (U.S. 41) approximately 1-1/4 mile southeast of the intersection of Tamiami Trail East and Rattlesnake Hammock Road (C.R. 864), in Sections 29,30,31 and 32, Township 50 South, Range 26 East and Section 5, Township 51 South, Range 26 East. 6. Triad (Radio Lane just east of Radio Road): Rezoning from commercial to residential, the residential development was reduced from the original request of 140 units to 86. AR -6015 A rezone from the C-1 zoning district to the PUD zoning di.strict to be known Triad RPUD Planned Unit Development which will include a maximum of 140 residential housing units, 7, Terafina (Logan Boulevard north oflmmokalee Road): Developer was required to build Logan Boulevard from Vanderbilt Beach Road to Immokalee Road as part of their approval for 850 units at a gross density of 1,30, This project is currently under design and will be under construction next year. The Developer was also required to donate an additional 20 feet for Logan Boulevard along their project limits, AR-4528 A rezone from "PUD" to PUD" Planned Unit Development known as Terafina PUD located on the north side of Immokalee Road, The purpose of the amendment is to show a reduction in acreage from 646,5 acres to 636.8 acres as a result of 9.7 acres dedicated for the widening of Logan Boulevard. The golf course has been eliminated, and the boundaries of tracts reconfi, gured Preserve areas have increased in size from 274 acres to 276 acres. 8. Heritage Bay (northeast corner oflmmokalee Road and CR 951): Developer was required to phase future units above 75% based on time or CR 951 improvements going forward, Developer was also required to give 100 feet ofright-of-way for CR 951 Extension for a distance of 1,5 miles, build ,5 mile of two lane roadways, give 7.7 acres of land for government services, buy a parcel for affordable housing and build affordable housing and $717,000 for Parks. AR-2841 U.S. Home Corporation, requesting a rezone from 'A" rural agricultural to "PUD" Planned Unit Development for a maximum of 3,450 residential dwelling units, 50,000 sf of office uses, 150,000 sf of retail uses, and Assisted Living Facility containing up to 200 units for property located on the northeast corner of Immokalee Road and Collier Boulevard (C.R. 951). 9, Orange Blossom Ranch: Developer was required to give 100 feet of right-of-way for the widening of Oil Well Road as well as taking stormwater to facilitate this widening, AR-4150 Requesting a rezone from "PUD" to "PUD" Planned Unit Development to be known as Orange Blossom Ranch PUD, incorporating a portion of the existing Orangetree PUD, for a mixed-use development which will consist of a maximum of 1,200 residential dwelling units, 150,000 square feet of commercial and office development, and a 90 acre community facility designated site. Access to the PUD will be from Oil Well Road (C.R, 858). 10. Ave Maria (northwest corner of Oil Well Road and Camp Keais Road): Though this project has not gone through the complete approval process, the right-of-way for Oil Well Road, Camp Keais Road and Immokalee Road to make a 200' cross..: section has been donated for the future widening of these roadways, The current estimated value of this right-of-way is $7,000,000, AR-6896 Application, consisting of 4995 acres, 955 acres of which are dedicated to the University and 4040 acres to the Town, including public school sites, This " SRA Designation Application also provides the calculation of the required Credit Use to designate the Town, and demonstrates that the Town consumes 28,402.4 Stewardship Credits, Letter dated March 4, 2005 from WilsonMiller, Inc. revises the application by adding an additional 32 acres to the town. In conjunction with DRI-2004-AR-6293. 11. Bucks Run (CR 951 north of Vanderbilt Beach Road): Approved for.348 units lowered to 288 units, AR-6279 A rezone from the "PUD" to "PUD" Planned Unit Development known as Bucks Run PUD by revising the PUD document and Master Plan to replace the 288 Affordable Housing rental apartments on the "East Tract" with 97 residential units and to delete the previously approved private school on the "West Tract", The proposed use is for up to 156 residential units and alternatively on the NW and SW Tracts a church and child care facility may replace the residential units, 12, Malibu Lakes (Southeast corner ofI-75 and Immokalee Road): Combined three PUD's with a total of 400,000 square feet of commercial was reduced to 300,000 square feet and the Developer will be contributing right-of-way for a eastbound to northbound loop ramp onto 1-75, roadway improvements to Tarpon Boulevard south of Immokalee Road and a pedestrian crossing. AR-5168 A rezone from "A" & "PUD" (Crestwood and Brentwood and Malibu Lakes) to "PUD" Planned Unit Development known as Malibu Lakes PUD by revising the PUD document and Master Plan to repeal the Brentwood PUD and Crestwood PUD to become part of the Malibu Lakes PUD. 13. Pelican Bay (Northwest corner of Seagate and US 41): The rezoning of the Watersidè Shops included a reduction of vested units in Pelican Bay of 800 along with intersection improvements for Seagate and US 41 at an estimated $230,000 and participation in Scoot at the intersections of Goodlette Frank Road, US 41 and Crayton. In addition, the Developer committed to a study and traffic calming of Crayton Road, AR-4008 An amendment to the Pelican Bay PUD to include increase in retail and office use within the Waterside Shops portion of South Commercial Area and decreases in these uses within the North Commercial Area, Reduction of 800 units (to 7,800 units) in the number of approved units within Pelican Bay. 14. Bristol Pines (Southeast corner of Tree Farm Road and CR 951): Developer was restricted to shared access with planned neighboring developments along Tree Farm Road and contributed along with the Development to the north to pay for Tree Farm Road improvements, AR-6084 A rezone from the PUD (Planned Unit Development) and A (Agriculture) zoning districts to the PUD zoning district allowing for a residential subdivision on 42.61 acres with a maximum of 298 residential dwelling units by amending the existing Bristol Pines PUD document and Master Plan, 15. Wolfe Creek (northwest corner of Vanderbilt Beach Road and CR 951): Developer has been required to build a portion of a developing loop road between Vanderbilt Beach Road and CR 951. AR-955 Rezone from "A" rural agricultural to "PUD" for a residential development consisting of a maximum of 591 dwelling units, 16, Lawmetka Plaza (Northwest corner of Wiggins Pass Road and US 41): Developer of this site plan was required to build an additional northbound left turn lane on .;~ US 41 at Wiggins Pass Road and an additional receiving lane on Wiggins Pass Road to mitigate traffic impacts. AR-3901 SDP Commercial Shopping Center for Lawmetka PUD. 17, Parklands (North of Immokalee Road along Logan Boulevard): During a rezoning of this Development, the Developer of this project was required to build Logan Boulevard from a terminus at Olde Cypress to Bonita Beach Road with no impact fee credits given for this improvement. AR-2208 An amendment to the Parklands DRI for the purpose of extending the commencement date for one year from March 11, 2002 to March 11,2003. 18, Sweet Bay (northwest corner of Vanderbilt Beach Road and CR 951): Developer was required to build a smaller loop within a larger loop (Wolfe Road) with no left out access on CR 951, AR-1749 A rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Million Hills PUD for a maximum of 2000,000 sf of commercial land uses, 19, Falling Waters Commercial (northeast corner of US 41 and CR 951): Project has been withdrawn to identify further traffic mitigation due to a lack of available capacity on CR 951 south of US 41. AR-2475 An amendment to the Falling Waters PUD to increase acreage from 134,04 to 161.54, change density from 6 dwelling units per acre to 4,95 per acre, and show a change in property ownership. This project was originally submitted in April 1999, This AR is being created to continue the review process, Fees in the amount of $3,787,50 were paid April 13, 1999, Transaction # 125718, 20, Boyne South (US 41 south of CR 951): Site plan has been rejected due to number of trips rêquested is above the capacity available for US 41 between CR 951 and CR92, AR-5211 A rezone from "PUD" Planned Unit Development known as Boyne South PUD to "PUD" Planned Unit Development to be known as Naples South PUD by revising the PUD document and Master Plan to show the name change and the following: 1) Change the permitted use of Tract B from Commercial/Motel to allow for 34 multi-family uses and eliminate the 64 motel units, 2) Increase the number of dwelling units from 154 to 171 dwe1ling units, 3) Change the permitted use of the existing Tract "D" from multi-family to single family and change the name of the tract from Tract "D" to Tract "E", 4) Provide for a new access point east of the existing access road as depicted on the PUD Master Plan and subject to FDOT permitting, 5) Reduce the size of the golf course (Tract "C") from 152 acres to 148 acres and increase the size of the residential area from 54 acres to 58 acres, 21. Livingston Village (Livingston Road between Pine Ridge and Golden Gate Parkway): The Developer is required to build the first quarter mile of Green Extension or connection to Whippoorwill as well as reserving 50 feet for a quarter mile and 100 feet for the remaining quarter mile for a possible Green Boulevard Extension, AR-3095 A rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Livingston Village PUD for a maximum of 590 residential dwelling units for property located on the east side of the future Livingston Road north of Windermere Country Club in Section 19, Township 49 South, Range 26 East, consisting of approximately 149 acres. Application was originally submitted in 1999. Fees in the amount of $6,224.50 paid with original submitted. This application request is being created to continue the review process. 22, Island Mon Center (SR 951 south of US 41): Site Plan has been rejected due to no available capacity on SR 951 south of US 41. AR-5627 Site Development Plan application proposing a 21,627 s.f. Retail building, 23, Reflection Lakes at Naples Unit 2 (US 41 south of CR 951): Applicant reduced the number of units to meet concurrency as part of PPL submittal. AR-4209 Subdivision Plat approval for Reflection Lakes at Naples, Phase I, II & III, ;, preliminary findings preliminary findings 2005 RESIDENTIAL BUILD-OUT STUDY The 2005 Residential Build-out Study entails an analysis of undeveloped lands to determine likely future residential development, combined with existing residential development, to project the total number of dwelling units and resulting permanent population, This Study reflects one plausible development scenario, one that neither reflects the maximum development potential nor the minimum development potential. There are an infinite number of possible scenarios due to the many variables involved and, therefore, a degree of conjecture is inherent in this type of analysis, The variables include future occupancy/vacancy rates; future persons per household ratios; the type and density/intensity of future development requests and approvals; and possible future regulatory changes. Projections of future development location, type and deñsity/intensity are made for general planning purposes; as such, these projections should NOT be relied upon as creating an absolute expectation of future development approvals. This Study is a planning tool, not a blueprint or vision for future development order approvals by the BCC, Due to the numerous variables involved in this build-out analysis, the data in this Study should not be used to predict dwelling unit or population totals at the level of individual Traffic Analysis Zones (T AZs); rather, the more T AZs that are aggregated, the greater the confidence in the resulting projections. This is especially true for sparsely developed areas of the county where there is little, if any, established development pattern The objective of this Build-out Study is to project what the dwelling unit and population counts will be, and their distribution, at build-out; it is not to predict when build-out will occur, However, if the countywide annual average growth rate since 2000 (5,05%) were to remain steady into the future, build-out could occur as soon as 2026. Staff does not anticipate that build-out will be achieved in about twenty years, for three reasons: 1) past experience has shown that the growth rate will vary over time, especially during cyclical ,economic downturns (think of the early 1990's - Collier County's growth slowed down, " albeit not as significantly as most other parts of the country); 2) different areas of the county experience different growth rates; and, 3) as build-out is approached, the growth rate will decline significantly. Additionally, the latest population projections prepared by the Comprehensive Planning Department (in 2004) project the countywide permanent population in 2030 at 739,700, Attached is a spreadsheet depicting the projected dwelling units and population at build- out for the entire county and various sub-parts. A few observations: 1) The area lying east of Collier Boulevard, mostly rural lands and the semi-rural Golden Gate Estates, is projected to contain the majority of the county's population (almost 55%) at build-out. 2) The Immokalee urban area has a significant growth potential. Much of the Immokalee urban area is comprised of undeveloped land or land in agricultural uses, not unlike the coastal urban area 30 or so years ago. 3) Not surprisingly, the percentage of the county's population within the incorporated areas will continue to diminish in size (about 7% at build-out, barring significant annexations or incorporation of new cities), Methodoloav The Collier MPO, Metropolitan Planning Organization, adopted its version of the 2000 Census Traffic Analysis Zones in 2004. The MPO consultant produced a T AZ map with 1 preliminary findings preliminary findings accompanying dwelling unit and population data, the foundation of which is the 2000 Census. Graphics and Comprehensive Planning staff then split many of MPO's T AZs into sub-TAZs (so as to allow for the annual compilation of data by various geographies, e.g, Planning Communities, as required by the Future Land Use Element and the Inter- local Agreement with the Collier County School Board). This resulted jn year 2000 dwelling unit and population counts by T AZ. This also allowed staff to derive the ratio of persons per total dwelling unit (PPTDU) by T AZ - simply divide the population of each T AZ by the number of dwelling units in that T AZ. For each T AZ in which there were no dwelling units or population, staff assigned a PPTDU ratio from a comparable TAZ, Next, Comprehensive Planning staff manually reviewed all residential building permits from 2000-2004 (roughly 15,000 permits) for which a Certificate of Occupancy was issued so as to identify the 2000 TAZ location of each dwelling unit(s). These dwelling units were added to the 2000 data to derive a 2004 dwelltng unit count by 2000 T AZ. Using the PPTDU ratios, staff calculated the population for 2000-2004 by T AZ, then added that to the 2000 figures to derive the 2004 population by 2000 T AZ. This 2004 data is the base year data for the Build-out Study, Staff then reviewed each T AZ to determine the number of approved but un-built dwelling units, using Property Appraiser aerials, parcel data, and assessment maps; zoning maps; and, the February 2005 PUD list. For urban-designated properties containing "unzoned" land - typically zoned A, Rural Agriculture, staff predicted the number of dwelling units, if any, that might be approved via a rezoning, based upon the assumptions noted below. For properties in the Rural area, staff predicted the number of dwelling units that might be built, also using the assumptions noted below. Staff did not re-analyze the Immokalee community, the City of Naples, or the City of Marco Island. Instead, staff relied upon the build-out figures from: the 1991 Immokalee Area Master Plan for Immokalee, Phase I of the Urban Area Build-out Study (1994) for Naples, and the 1997 update to the 1994 Build-out Study for Marco Island. ,Assumptions " In preparing this Build-out Study, several assumptions were made for various areas of the County, as stated below. Coastal Urban area 1, Assume EAR-based Growth Management Plan amendments will be approved to eliminate some density bonuses within the Density Rating System, and to limit density to a maximum of 4 DU/A in the Coastal High Hazard Area. As a result, all properties to which the Density Rating System is applicable and for which a future rezoning is assumed, assign a density of 3 or 4 DU/A - no utilization of density bonuses is assumed. 2. In the Urban Residential Fringe, assume density capped at 1.5 DU/A; that is, assume no Transfer of Development Rights from the Rural Fringe Mixed Use District. 3, For most properties for which a future rezoning is assumed, and for PUDs where the dwelling unit type is unspecified, assume 50% will be single family and 50% will be multi-family, 4, Assume PUDs will develop at their maximum approved density (with only one exception), 5, Assume properties designated to allow commercial zoning will be rezoned to commercial, not residential. 2 preliminary findings preliminary findings Golden Gate Estates 1, For all parcels large enough to be subdivided, e,g. 5-acre tract, assume 75% will subdivide. 2. Assume properties designated to allow commercial zoning will be rezoned to commercial, not residential. Rural Frinae Mixed Use District (RFMUD) 1, Assume four Rural Villages will be developed, the maximum allowed. 2, Assume the Rural Village to develop in the Receiving area on the south side of Immokalee Road and west of Wilson Blvd, will be the minimum size allowed, 300 acres, 3, Assume the Rural Village to develop in the Receiving area on the east side of Immokalee Road and north of Golden Gate Estates will-be the median size allowed, 900 acres (the mid point between the minimum of 300 acres and maximum of 1500 acres). 4. Assume the Rural Village to develop in the Receiving area in North Belle Meade will be the median size allowed, 900 acres. 5. Assume the Rural Village to develop in the Receiving area on the north side of US- 41 East will be the median size allowed, 1400 acres (the mid point between the minimum of 300 acres and maximum of 2500 acres), 6, Assume all Rural Villages will be developed at the median density allowed, 2.5 DU/A (mid point between the minimum of 2 DU/A and maximum of 3 DU/A) , 7. Assume the dwelling unit mix in each Rural Village will be 50% single family and 50% multi-family. 8. Assume the pending Growth Management Plan amendment (CP-2004-4) will be approved to create additional TOR bonuses, 9. Assume the pending Growth Management Plan amendment (CP-2004-2) will be approved to re-designate 232 acres from Neutral Lands to Sending Lands and Receiving Lands, located south of Immokalee Road and west of Wilson Blvd. Rural Lands Stewardship Area (RLSA) " 1, Stewardship Sendina Area (SSA) Credit Assumptions: a. Assume 95% of Flow-way Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs), Water Retention Areas (WRAs), and Rezones will become SSAs. b, Credit calculations are based on mean values for each stewardship type. c. Credit calculations are based on layers removed to Ag 2 (on average), d. Restoration Credits for designation (R1) will encompass 75% of land area, e, Restoration Credits for completion (R2) will encompass 50% of land area. The above entitles 56,365 acres of Stewardship Receiving Area, approximately 76% of "open area" (20% in Area of Critical State Concern - ACSC). 2. Stewardship Receivina Area (SRA) Assumptions: a, Assume Towns, Villages, Hamlets and Compact Rural Developments (CRDs) will develop at 3000,700,80 and 80 acres, respectively, 3 preliminary findings preliminary findings b. Assume Towns, Villages, Hamlets and CRDs will develop at densities of 3,3, 1,5 and 1.5 DU/A. c. Assume the mix of SRA type by acreage will be 50% Town or Village, and 50% Hamlet or CRD. d. Assume a total of 5 Towns and 16 Villages. e. Assume the dwelling unit mix will be 50% single family and 50% multi-family, 3. Development outside SRAs: a. For "Open lands" outside of the ACSC, assume: 12% Agriculture and 12% Baseline development. b. For "Open lands" within the ACSC, assume 40% Agriculture and 40% Baseline Development. Assume no baseline development inside Flow-way Stewardship Areas, Habitat Stewardship Areas, or Water Retention Areas. RLSA BUILD-OUT SUMMARY SHEET Open Areas (not within ACSC): Ave Maria 4 Towns 16 Villages Hamlets/CRD -Baseline Aariculture Subtotal Acres DU§ 4,995 11,000 12,000 36,000 11,200 33,600 26,115 39,173 8,259 1,652 8.259 70,828 121,425 Open Areas (ACSC): Village 500 (2) Village 300 (5) Hamlet/CRD (10) Baseline Agriculture Subtotal TOTAL RLSA 1,000 1,500 1,000 6,765 6,765 17 .030 87,858 3,000 4,500 1,500 1,353 10.353 131,778 2005 Residential Build-out Study G, Comp, David, 2005 B,O. Study dwlMarch 2005 4 summary by area Estimated Buildout Area Total Dwelling Units Total Population Naples 27,252 40,971 Marco Island 18,271 41,004 Everglades City 550 744 Incorporated Sum 46,073 82,719 Immokalee 38,798 104,483 Coastal Urban area 246,368 426,064 RLSA-Rural Lands Stewardship Area 13~,283 389,193 RFMUD-Rural Fringe Mixed Use District 19,433 57,644 GGE East of CR-951 & Rural Settlement Area 27,607 81,517 GGE West of CR-951 3,430 9,865 All of GGE & Rural Settlement Area 31,037 91,382 East of CRlSR 951 (Collier Blvd.) 213,754 581,594 Unincorporated Area 424,425 I 983,701 I ~COUNTYWIDE 470,498 I 1,066,420 I NOTES: GGE ; Goltlen Gate Estates, Naples fighres per 1994 Urban Area Buildout Study, Phase I. Marco Island figures per 1996 Marco Island Master Plan, Immokalee figures per 1991 Immokalee Area Master Plan, East of CRISR 951 excludes Immokalee, Coastal Urban area: from Gulf of Mexico east to approximately I mile east of Colllier Blvd,; from Lee County line south to Gulf of Mexico, The above areas are such that, with the exception of the unincoporated/incorporated areas, no combination will equal the countywide sum. Prepared by Collier County Comprehensive Planning Oepat1ment, March 2005, 2005 BaS summary to BCC G, Comp, David 2005, B,O, Study dw/March 2005 ..,..-- SUBSECTION 3.X. AMENDMENTS TO SECTION 9.02.00 VESTED RIGHTS Section 9.02.00 Vested Rights, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 9.02.90 DEVELOP1\fENT WITH VESTED RICHTS [Reserved] 9.02.00. Vested Rie:hts & Takine:s Determinations. A. Landowners claiming that certain of their property rights have either: a) vested prior to establishment of this code on November 13. 1991. or prior to the effective date of any amendment or revision to this code. including the claim to a right to an Adequate Public Facilities Certificate (APFC). or b) been unlawfully taken. may use the vested rights determination process and takings determination process under this section. as either or both may be applicable, Both processes are to be administered as provided for in this section and are intended to ensure landowners are afforded adequate procedural due process by providing for required notice. public hearing. the right to present and rebut evidence. create a formal. written record. and an impartial hearing officer. as may be applicable under these processes, B. Claims or suits against Collier County. including its board of county commissioners. whether sued individually or collectively. and any official thereof. which: a) allege vested rights or equitable estoppel. or b) challenge the denial. revocation. suspension. or any other limitation or restriction set forth in a development order or development permit. or any other governmental act of Collier County as a temporary or permanent taking of private property. including claims or suits of an inordinate burden of private property. cannot be deemed final action or a final order of the County in any court or quasi-judicial proceeding unless and until the processes provided for by this section have been fully complied with and exhausted. C. The provisions of this Code are expressly intended to regulate landowners' rights to develop their property in the unincorporated areas of the county as may be necessary to protect the public's health and safety and to promote its general welfare without violating landowners' legally vested rights obtained in accordance with Florida common law and statutory law. particularly F.S. ~ 163,3167(8), 9.02.01. Applications for Vested Rie:hts Determinations. A. Applications for a determination of claimed vested rights must be submitted along with the initially required application fee in the form established by the County and must be sworn to or comply with ~ F.S, 92,525. for declarations made under penalty of perjury, In order to be considered timely. all applications must be filed within one year of the effective date of this Code. or of any amendment or revision to the Code, a~ainst which the landowner claims to be vested. Failure to timely file such application within the one-year period will act as a landowner's waiver of the claimed rights and bar all claims for vested rights or equitable estoppel for the landowner's property. Applications must include: 1. name. address. and telephone number of the landowner. and of any authorized agent(s); 2. street address. leaal description. and acreaae of the subiect property: 3. all facts. documents. records. attachments, appendices. exhibits. or other information reasonablv available to the landowner throuah diliaent research which are considered bv the landowner to be relevant and which would tend to establish the criteria for a vested riahts determination set forth in section 9.02.05, The application should include any information the applicant considers necessary and that would substantiate those facts supportina the claim. The auide for inclusion of information should be whether the information would constitute competent. substantial evidence in a auasi-judicial or judicial proceedinq; 4. allleaal araLiments in support of the claims alleaed; 5. any relief or remedies proposed to resolve the claims alleaed: and 6. the sianature of the landowner or anv attorney for the landowner. Sianatures affixed to an application will constitute certification that the person sianina has read the document and that to the best of the person's knowledae it is supported bv aood arounds and that it has not been submitted solelv for purposes of delav. B. Applicants may include such information under ~ 9.02.10. B. 3, a. - a.. as they consider necessary to establish their claims. C. A landowner and any attorney for the landowner has a continuina obliaation to amend or correct any document submitted with the application which is incorrect because of chanaed circumstances or which was found to have been incorrect. 9.02.02. Determination of comoleteness. After receipt of a fullv paid application for a determination of vested riahts. the county manaaer will determine if the information submitted with the application is complete. If the application is determined to not be complete. the county manaaer will provide notice to the applicant in writina of all deficiencies found within five (5) days. The county manaaer will take no further steps to process or review the application until all deficiencies have been adeauatelv remedied or the county manaqer is notified bv the landowner that no further information will be provided. 9.02.03. Review of application bv county manaaer and county attorney; determination or recommendation. Completed applications for determinations of vested riahts. i.e.. those deemed sufficient for review. will be reviewed bv the countv manaaer and the countv attornev under the criteria in section 9.02,05.. within fortv-five (45) davs. Based on their review. the countv manaaer and the countv attornev will thereafter within ten (10) davs either: a) enter into a written stipulated determination of vested riahts with the owner. or b) make a written recommendation to a hearina officer for a determination that the application should be denied. aranted or aranted with conditions. A. If the countv manaaer and the countv attornev aaree that the application for a determination of vested riahts so clearlv demonstrates that the reauested relief should be aranted or aranted with conditions acceptable to the landowner. then thev are authorized to enter into a stipulated determination of vested riahts with the landowner on behalf of the Countv, The countv manaaer's and the countv attornev's written determination must include: a) their findinas of fact based on the criteria established in section 9.02,05.. b) their conclusions of law for such criteria. c) their findinas of consistencv with the arowth manaaement plan and the Code. as applicable. and d) the specific relief to be afforded bv the determination. which must be sianed bv the countv manaaer and the countv attornev. as well as the landowner. B. If the countv manaaer and the countv attornev do not aaree after their review that the application for determination of vested riahts so clearlv demonstrates that the reauested relief should be aranted or aranted with conditions acceptable to the landowner. then thev will prepare a report for consideration bv a aualified hearina officer which recommends that the reauested relief should be aranted. aranted with conditions. or denied, The written recommendation to the hearina officer must include: a) their findinas of fact based on the criteria established in section 9.02,05.. b) their conclusions of law for such criteria. c) their findinas of consistencv or inconsistencv with the growth manaaement plan. as applicable. and d) the specific relief to be afforded. if anv. in whole or in part. bv the determination, The procedures to be followed for aualification and selection of the hearina officer are those set forth in section 9,02.04. The procedures to be followed for the hearina officer's review of the claim. public hearina. and issuance of a written determination are set forth below in sections 9.02,04.. and 9.02.06. 9.02.04. Hearina officer review and vested riahts determination. A. In the event that all of a landowner's claims are not fullv resolved bv the process under section 9.02.03,. the countv manaaer will solicit for a hearina officer who must meet the followina minimum aualifications: a) be an attornev admitted to practice before the Supreme Court of the State of Florida. b) have demonstrated knowledge of administrative. environmental. and land use law and procedure: and c) aaree to hold no other appointive or elective countv public office or position durina the period retained. A aualified hearina officer selected bv the countv manaaer and countv attornev will be retained immediatelv upon the landowner's payment of any additional fees reauired for a hearina officer's determination of vested riahts. Once retained. the application. written recommendation of the county manaaer and county attorney. and all supportina documentation. collectivelv considered to be the then existina official record of the claim. will be provided to the hearina officer for review. Within fifteen (15) days of notice of retainina a aualified hearina officer. the claimant must provide the hearina officer and all other parties a list of the names and addresses of any witnesses which the claimant intends to present in support of its claim and a summary of the testimony of each witness. In no event. however, will the reauisite public hearina be scheduled or noticed until the list and summary are properly provided, B. At any time after thirty (30) days from receipt of the official record. the hearina officer is to conduct a properlv noticed public hearina. The hearina will follow such rules of procedure for auasi-judicial. civil proceedinas as the hearina officer may consider are reasonablv reauired to afford all parties procedural due processe and as follows. The parties entitled to appear before the hearina officer are the county. the landowner. and those members of the public who have timely notified the county manaaer and hearina officer of their intention to be considered as affected persons under section 9.02.04 C.. below, In the event that any affected person's claimed status as a party is challenaed by another party. the hearina officer will determine whether that person is entitled to appear as an affected person under the traditional notions of standina set forth in Florida iurisprudence. The order of p'resentation before the hearina officer will be: a) the landowner. b) the county. and c) any affected person(s). Althouah the public is invited to attend the hearina. members of the aeneral public may not participate unless testifyina as a party witness under one of the three cateaories above. c. Affected persons intendina to participate as a party in any hearinas held as part of the vested riahts determination process must submit written comments and pertinent factual information and data to the county manaaer for inclusion in the official record within fifteen (15) days of the landowner's mailina of notice to all persons as set forth in section 9.02.06,A. The pertinent factual information and data will be reviewed and considered bY the county manaaer and county attorney. and when applicable. will be submitted to the hearina officer as an attachment to the county attorneY's and countv manaaer's recommendation to the hearina officer and become part of the official record. The names of affected persons intendina to appear as a party witness. alona with a written summary of their testimony. must be submitted to the hearina officer no later than ten (10) days prior to the advertised date of the hearina officer's public hearina. 9.02.05. Criteria for vested riahts determinations. A. This section is intended to establish criteria for vested riahts determinations that strictlv adhere to. and implement. existina Florida statutory and case law as they relate to the doctrine of vested riahts and eauitable estoppel. Each determination is to be made on a case-by-case basis in liaht of these criteria and the specific factual and leaal analvsis of that claim. Landowner's claims should not be afforded the relief or remedy souaht unless the landowner ._~- demonstrates bY substantial competent evidence that it's entitled to complete it's development without reaard to the otherwise applicable provision(s) of this Code based on either: a) meetina the provisions of F,S. & 163.3167(8); or b) that: 1) upon some act (such as enactina the challenaed provision of this Code) or omission of the county, 2) the landowner relyina in aood faith. (3) has made such a substantial chanae in position or has incurred such extensive obliaations and expenses that it would be hiahly ineauitable and uniust to destroy the riahts acauired to apply the challenaed provision, B. The provisions of Code of Laws & 106-46 (i) Criteria for Vested Riahts. (2) & (3). may be used as an additional auide for consideration of the second and third criteria in A.. above. 9.02.06. Reauired notices for vested riahts determination process. includina public hearinas. A. Within fifteen (15) days of the date of receipt bY the county of a completed application for a vested riahts determination. the landowner must provide notice of the submission of the application bY: a) prominently postina on the property for which the vested riahts determination is souaht a sian advisina of the substance of the claim of vested riahts and otherwise complyina with section 10.03,05, B, 1, as to timina and otherwise. a. or .b.. only. and B. 2, throuah 4.. as applicable. and b) mailina notice to all property owners within 300 feet of the property lines of the subiect property, The mailed notice must briefly state the nature of the claim and must be made via certified mail. return receipt reauested, sent at the landowner's expense, B, Public notice for vested riahts determination hearinas held pursuant to section 9.02.04. or section 9.02,08. must be provided bY publication at least one time in a newspaper of aeneral circulation at least fifteen (15) days in advance of any public hearina statina the time. place. purpose of such hearina, includina a brief statement of the nature of the claim. C. For those claims not resolved under section 9.02.03., the landowner must additionally provide the type of mailed notice described in A.. above to all persons who have notified the county manaaer that they should be considered as an affected person at least twenty (20) days prior to the hearina officer's public hearina. D, For those claims not resolved under section 9.02,08. the appealina party must additionally: a) provide the type of mailed notice described in A.. above to all other parties at least fifteen (15) days prior to the public hearina. and b) publish the notice for the public hearina reauired under B.. above. 9.02.07. Issuance of a vested riahts determination bv hearina officer. Within fifteen (15) days after the completion of the hearina officer's public hearina. the hearina officer will render a determination denyina. arantina. or arantina with conditions. all vested riahts claimed by the landowner. The determination must be based upon the hearina officer's review and consideration of the official record which will include the application for determination of vested riahts. the recommendation of the county manaaer and the county attorney. and the evidence and testimony presented at the public hearina by all parties, The determination must be in writina and specifically set forth enumerated: a) findinas of fact. and b) conclusions of law for each criterion of section 9,02.05,. as applicable to each claim. The determination must also state the specific relief or remedy afforded the landowner, if any. and detail any conditions which the landowner must comply with to obtain such relief. 9.02.08. Aeeeal of hearina officer's vested riahts determination. Within 30 days after the hearina officer's written determination of vested riahts beina rendered. either the county or the landowner may appeal the determination to the board of countv commissioners. Any additional fee for a landowner-initiated appeal must accompany the appeal. The board of county commissioners may: a) affirm the hearina officer's determination of vested riahts. with or without modifications or conditions. or b) reiect the hearina officer's determination. except that the board may -not modify the determination or impose conditions. or reiect the hearina officer's determination unless the board expressly finds that one or more of the hearina officer's findinas of fact or conclusions of law is not supported bY competent substantial evidence in the official record. or that the hearina officer's determination otherwise specifically failed to properly apply one or more of the criterion in section 9.02.05. Because the law in the area of vested riahts and eauitable estoppel is constantly chanaina in both substance and interpretation. the board should be auided by advice from the office of the county attorney reaardina interpretations of appropriate considerations in its deliberations, 9.02.09. Exeiration of vested riahts determinations. Any relief aranted bY a vested riahts determination will be presumed abandoned and expire if not utilized for its proper purpose within two (2) years from the date it was aranted. Thus. all determinations of vested riahts which are aranted. with or without conditions. expire and become null and void two (2) years from the date finally issued. i.e.. the last of either: a) the latest date sianed as a stipulated aareement. b) the date rendered by a hearina officer. or c) otherwise finally determined followina any appeal: unless: 1) any conditions imposed are complied with and construction authorized by the determination is commenced pursuant to " an approved final development order or permit. and 2) construction continues in aood faith under then applicable reaulations for development. The two (2) year time limitation to commence and continue construction will only be stayed for any time period durina which construction is prohibited. deferred. or delayed by the county due to inadeauate public facilities. as otherwise provided for by this Code. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.07 e. Violations of sections 10.02,06 I. which occur during sea turtle nesting season are subject to the following penalties: Minor infractions are subject to up to a $500.00 fine per violation, Minor infractions are defined as any activity that will not cause an immediate harm-to sea turtles or their nesting activity; and include, but are not limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles being operated: a) with permit not available for inspection; or b) with improper tire pressure. 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord, No, 90-24 (Chapters 3, 6 and 10 of this Code) and Rule 9J-5,0055, FAC, Regulatory program:; Review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System, A. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with when the impacts of development occur on each public facility, Collier County shall establish the following development review procedures to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. B. Exemptions. The following development orders and development shall be exempt from the terms of this section: 1. All valid, unexpired final development of regional impact (DRI) development orders which were issued prior to adoption of the Collier County Growth Management Plan on January 10, 1989, except where: , . a. Development conditions or stipulations applicable to concurrency, or the provision of adequate public facilities concurrent with the impacts of development, exist in the DRI development order; b. Substantial deviations are sought for a DRI development order, and then, this section shall apply only to those portions of the development for which the deviation is sought; c. The county can demonstrate pursuant to F,S, § 380.06, that substantial changes in the conditions underlying the approval of the development order have occurred or the development order was based on substantially inaccurate information provided by the developer or that the application of this section to the development order is clearly established to be essential to the public health, safety and welfare; or d. The new requirements would not so change or alter a DRI development order that they would materially or substantially affect the developer's ability to complete the development authorized by the DRI development order. 2. Construction of public facilities that are consistent with the Collier County Growth Manage- ment Plan, LDC1 0:1 09 COLLIER COUNTY LAND DEVELOPMENT CODE 3. Temporary construction and development permits and any subsequent renewals not to exceed a cumulative period of one year. 10,02,07 4. Development orders permitting replacement, reconstruction or repair of existing develop- ment consistent with all elements of the growth management plan, 5. Temporary use permits and any subsequent renewals not to exceed a cumulative period of one year, 6. Developments that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations, and properly obtains, a determination of vested rights for a certificate of public facility adequacy in accordance with the provisions of this section, as follows: a. Application. An application for determination of vested rights for a certificate of public facility adequacy shall be submitted in the form established by the Community Development and Environmental Services Division Administrator, An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. The application shall, at a minimum, include: i. Name, address, and telephone number of the owner and authorized appli- cant if other than the owner; ii. Street address, legal description, and acreage of the property; and iii. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in subsection 10.02.07 B,6,g. of this Code. ." b. Determination of completeness, After receipt of an application for determination of vested rights for a certificate of public facility adequacy, the Community Develop- ment and Environmental Services Division Administrator shall determine whether the application submitted is complete. If he determines that the application is not complete, the Community Development and Environmental Services Division Ad- ministrator shall notify the applicant in writing of the deficiencies, The Community Development and Environmental Services Division Administrator shall take no further steps to process the application until the deficiencies have been remedied, c. Review and determination or recommendation by Community Development and Environmental Services Division Administrator and the County Attorney After receipt of a completed application for determination of vested rights for a certificate of public facility adequacy, the Community Development and Environmental Services Divi- sion Administrator and the County Attorney shall review and evaluate the application in light of all of the criteria in section 10,02.07 B,6.g. Based on the review and evaluation, the Community Development and Environmental Services Division Administrator and the County Attorney shall prepare a written recommendation to the hearing officer that the application should be denied, granted or granted with conditions by the hearing officer, Such recommendation shall include findings of fact for each of the criteria established in section 10.02.07 B.6,g, to the extent that LDC10:110 ._-~",.".,..,.".," APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10,02.07 \ information is represented or obtained or inclusion feasible or applicable. If the Community Development and Environmental Services Division Administrator and the County Attorney agree based on the review and evaluation that the application for determination of vested rights for a certificate of public facility adequacy so clearly should be granted or granted with conditions, then they may-_enter into a written stipulated determination of vested rights for a certificate of public facility adequacy with the owner, in lieu of the written recommendation to the hearing officer and the provisions in sections 10,02,07 8.6.d" 1 0,02,07 8,6~e, and 10,02,07 8.6,f. however, any such stipulated determination shall be in writing, signed by the Community Development and Environmental Services Division Administrator, the County Attor- ney and the owner, and shall include findings of fact based on the criteria established in section 10.02,07 8.6,g" conclusions of law for such criteria, and the determination granting or granting with conditions, in whole or in part, the vested rights for adequate public facilities. d. Review and determination of vested rights determination for a certificate of public facility adequacy by hearing officer. Upon receipt by the hearing officer of the application for determination of vested rights for a certificate of public facility adequacy and the written recommendation of the Community Development and Environmental Services Division Administrator and the County Attorney, the hearing officer shall hold a public hearing on the application. At the hearing, the hearing officer shall take evidence and sworn testimony in regard to the criteria set forth in section '10,02,07 8.6.g. of this Code, and shall follow the rules of procedure set forth in F.S. § 120.57(1 )(b), 4, 6, 7, and 8; F.S, § 120.58(1 )(a),(d) and (f); and F,S, § 120.58(1 )(b), only to the extent that the hearing officer is empowered to swear witnesses and take testimony under oath, The hearing officer shall follow the procedures established for administrative hearings in Rules 60Q-2,009, 2,017, 2,020, 2,022, 2,023, 2,024, 2,025, 2.027, and 2,031, FAC. except as expressly set forth herein, The parties before the hearing officer shall include the county, the owner or applicant, and the public, Testimony shall be limited to the matters directly relating to the standards set forth in section 10,02,07 8.6.g, of this Code. The County Attorney shall represent the county, shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings, The owner of the property and its authorized agents, may offer such evidence at the public hearing as is relevant to the proceedings and criteria. The order of presentation before the hearing officer at the public hearing shall be as follows: 1) the county's summary of the application, written recommendation, witnesses and other evidence; 2) owner or applicant witnesses and evidence; 3) public witnesses and evidence; 4) county rebuttal, if any; and 5) applicant rebuttal, if any. e. Issuance of vested rights determination for a certificate of public facility adequacy by hearing officer, Within 15 working days after the completion of the public hearing under section 10.02,07 8,6,g, of this Code the hearing officer shall consider the application for determination of vested rights for a certificate of public facility adequacy, the recommendation of the Community Development and Environmental Services Division Administrator and the County Attorney, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in section 10,02,07 8,6,g, of this Code, and shall deny, grant, or grant with conditions LDC10:111 , " COLLIER COUNTY LAND DEVELOPMENT CODE 10,02,07 the application for determination of vested rights for a certificate of public facility adequacy for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each of the applicable criteria established in section 10,02.07 B,6.g, of this Code, conclusions of law for each of such criteria, and a determination denying, granting, or granting with conditions, in Whole or in part, the vested rights for adequate public facilities, 1. Appeal to the Board of County Commissioners, Within 30 days after issuance of the hearing officer's written determination of vested rights for a certificate of public facility adequacy, the County Attorney, the Community Development and Environmental Services Division Administrator, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for a çertificate of public facility adequacy of the hearing officer to the Board of County Commissioners. A fee for the application and processing of an owner-initiated appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the owner or its authorized agent. The Board of County Commissioners shall adopt the hearing officer's determination of vested rights for a certificate of public facility adequacy, with or without modificatiöns or conditions, or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy, The Board of County Commissioners shall not be authorized to modify or reject the hearing officer's determination of vested rights for a certificate of public facility 'adequacy unless the Board of County Commissioners finds that the hearing officer's determination is not supported by substantial competent evidence in the record of the hearing officer's public hearing or that the hearing officer's determination of vested rights for a certificate of public facility adequacy is contrary to the criteria established in section 10,02,07 B,6,g, of this Code. g. Criteria for vested rights, This section is intended to strictly adhere to and implement existing case law as it relates to the doctrine of vested rights and equitable estoppel as applied to a local government exercising its authority and powers in zoning, the provision of adequate public facilities concurrent with development (concurrency), and related matters. It is the express intent of Collier County to require application of the provisions of this section to as much development and property in the unincorporated areas of the county as is legally possible without violating the legally vested rights which the owner may have obtained in accordance with Florida common law and statutory law, particularly F,S, § 163,3167(8). The criteria herein provided shall be considered in rendering a vested rights determination under this subsection. It is intended that each case be decided on a case-by-case factual analysis, An owner shall be entitled to a positive determination of vested rights for a certificate of public facility adequacy only if he demonstrates by substantial compe- tent evidence that he is entitled to complete his development without regard to the otherwise applicable provisions of this section based on the provisions of F.S, § 163,3167(8), or all three of the following requirements of the three-part test under Florida common law: 1) upon some act or omission ofthe county, 2) a property owner relying in good faith, 3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would by highly inequitable and unjust to destroy the rights acquired. ",-..-,;"",."",.,.""",...." LDC10:112 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.07 h. Limitation on determination of vested rights for a certificate of public facility adequacy. A determination of vested rights for a certificate of public facility adequacy which grants an application for determination of vested rights for a certificate of public facility adequacy shall expire and be null and void unless construction is commenced pursuant to a final development order, final subdivision plat, Qr final site develop- ment plan, within two years after the issuance of the determination of vested rights for a certificate of public facility adequacy under section 10.02,07 B.6.g, or unless substantial permanent buildings have been, or are being constructed or installed pursuant to a valid, unexpired, final development order of Collier County within two years after issuance of the determination of vested rights for a certificate of public facility adequacy under section 10,02.07 B.6,g" and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan is continuing in good faith, The aforementioned two-year time limitation on the determination of vested rights for a certificate of public facility adequacy shall be stayed during any time periods within which commencement of construction pursuant to a final development order, final subdivision plat, or final site development plan is prohibited or deferred by the county solely as a result of lack of adequate public facilities to serve the property, pursuant to this section, c. Certificate of public facílíty adequacy. 1. General. a. A certificate of public facility adequacy shall be issued concurrently with the approval of the next to occur final local development order. At the time a certificate of public facility adequacy is issued, fifty percent of the estimated transportation impact fees must be paid into the applicable trust fund pursuant to 10,02,07 C.1.e., and such funds will be immediately available for appropriation to implement capital road facility improvements, Impact fees for all other Category "A" capital improvements will be paid at the time of issuance of building permits at the rate then currently applicable. ... b. Annual Traffic/PUD Monitoring Report, On [the effective date of this section's amendment], all PUDs which are less than 90 percent built-out, must annually submit a report detailing their progress toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on the anniversary date of the PUD approval by the Board per section 10,02,12 LDC, The written report must be submitted to, and be in, a format established by the Transportation Administrator and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. Traffic/ PUD Monitoring Reports which are more than ninety (90) days past due will result in the suspension of final local development order issuance for the PUD pending receipt of the Report, c. Where the proposed development has been issued final subdivision plat approval or final site development plan approval prior to the effective date of this section, i.e., on or about November 3, 1993, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. LDC10:113 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02,07 d. Estimated transportation impact fees for a development shalf be paid into the applicable impact fee trust fund in the amount estimated to be due upon issuance of the final local development order(s) for the development upon or prior to issuance of a certificate of public facility adequacy for the development: Developments that have paid estimated impact fees for all Category "A" facilities prior to the [effective date of this section's amendment], and which elect to come under the provisions of this section may make payment of estimated impact fees into the applicable transportation impact fee trust fund such that previously paid estimates may be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the final local development order(s) for the development. If the developer does not elect to come under the provisions of this division, impact fees paid into the impact fee escrow trust fund prior to [the effective date of this section's amendment] shalf be refundable upon written request to the Community development and Environmental Services Division Administrator accom- panied by the surrender of the original certificate of public facility adequacy obtained prior to issuance of final local development order(s) for the development. Fees paid into applicable impact fee trust accounts as a prerequisite to the issuance of final local development order(s) prior to the [effective date of this section's amendment] in accordance with the applicable consolidated impact fee ordinances shalf be refundable pursuant to the provisions of such ordinances upon written request to the Finance Director, Clerk of Courts. e. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy, Within 90 days of notification by facsimile that an application for a final local development order has been approved and a certificate issued, an applicant may pick up the certificate upon payment of one-half (50 percent) of the estimated transportation impact fees due, Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within 90 days and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must reenter the application process from the beginning. Transportation impact fees for residential development will be estimated using the fee based on the mid-range housing size, unless the residential use qualifies as affordable housing, Affordable housing estimated transportation impact fees shall be based on the income limitations for affordable housing in force at the time of a certificate of public facility adequacy application, Additionally, previously vested developments may, pursuant to section 10,02,07 C.1 , elect to have escrowed fees applied against the one-half (50 percent) of estimated transportation impact fees, Payment of these fees vests the development entitlements for which the certificate of public facility adequacy certificate applies on a continuous basis unless relinquished pursuant to the requirements of this section prior to the end of the third year after the initial impact fee payment. The initial 50 percent impact fee payment is non-refundable after payment and receipt of the certificate of public facility adequacy certificate. Not later than 90 days prior to the expiration of the three year period for such certificates, the county shall notify the certificate holder via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, ;-~...,_.," LDC10:114 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02,07 based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable, The developer may elect to pay the balance of the estimated transportation impact fees for the entitlements for which the certificate applies or modify the certificate to a lesser entitlement and calculate the balance of the transportation impac! fees on the revised entitlements. The certificate of public facility adequacy shall be modified to include only the entitlements for which the estimated transportation impact fees are paid, The expiration date for the remaining, up to 50 percent, balance of the estimated transportation impact fees due from a previously vested development that opts into the revised concurrency certificate process as provided in section 10,02.07 C.1. of this Code, will relate back to the date of issuance of the original certificates. Once the balance of the estimated transportation impact fees are paid, those estimated fees are non-refundable, However, the certificate of-public facility adequacy runs contin- uously with the land in perpetuity after all estimated transportation impact fees have been paid, As building permits are drawn down on the entitlements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization, If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance, In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlements, 2. Rules of general applicability for certificate of public facility adequacy. Certificates of public adequacy issued for roads under section 10.02.07 C.1, of this Code subsequent to the [effective date of this section's amendment] will run in perpetuity provided provisions of subsection 10,02,07 C,1,e. of this Code are met and that annual mid-year monitoring reports are filed which comply with section 10,02,07 C,1. of this Code and all developer requirements established during zoning or as part of a developer contribution agreement are completed or are being constructed consistent with the current development infrastructure improvement construction commitment schedule. " a. Timing. An application for a certificate of public facility adequacy may only be submitted as part of an application for a final local development order subject to section 10,02,07 C.1 . of this Code. b. Impact Fees, A complete application for a certificate of public facility adequacy will include the calculation of the total amount of transportation impact fees estimated to be due by the applicant on the development for which a final local development order application has been submitted. Impact fee calculations will be reviewed and the amount estimated to be paid pursuant to section 10,02.07 C,1.e. of this Code finally determined by the impact fee coordinator. One-half (50 percent) of the estimated payment will be due at the time of notification of approval of the final local development order and will be deposited into the applicable impact fee trust fund and will be immediately available for appropriation by the Board of County Commis- LDC10:115 COLLIER COUNTY LAND DEVELOPMENT CODE sioners for transportation capital improvements, Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the issuance of building permit(s); such that additional impact fees may be due prior to issuance of the building permit(s), The balance of transportation impact fees shall be dÜe as provided for in section 10.02.07 C,1 of this Code, 10.02.07 c. Consolidated application, A final local development order shall receive final approval only to the extent to which the proposed development receives a certificate of public facility adequacy, The application for a certificate of public facility adequacy may only be submitted with an application for final local development order approval, where appropriate under this section. An application for a certificate of public facility adequacy will receive final apprõval and a certificate will be issued concurrently with approval of a final local development order as set forth in section 10,02.07 C.1,e, of this Code, d. Assignability and transferability. An approved certificate of public facility adequacy shall run with the land associated with the corresponding development approval, and shall be assignable within the corresponding land of the approved development, and shall not be assignable or transferable to other development, except as may otherwise be provided for under an approved development agreement. This provision does not preclude the re-allocation of capacity between lots or parcels comprising the land that is the subject of the same consolidated application for development approval so long as the original certificate is surrendered along with a written request to re-allocate no more than that certificate's previously approved capacity in a re-issued certificate. e. Expiration. A certificate of public facility adequacy for "Category A" facilities, except roads, shall expire three years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved or a final subdivision plat has been approved and recorded, and the proposed development is then completed pursuant to the terms of the Collier County Building Code or as provided in section 10,02.07 C.1 . of this Code, refund of impact fees, except for certificates issued pursuant to section 10,02.07 C,1, of this Code, will be subject to the provisions of the consolidated impact fee trust fund ordinance. The expiration date of a re-issued certificate re-allocating capacity to different lots or parcels in the same development will relate back to, and be calculated from, the original certificate's date of issuance, i. For large developments as indicated below, a five year certificate of public facility adequacy for "Category A" facilities, except roads, may be obtained provided the developer enters into an enforceable development agreement with the county. Developments comprised of more than 500 residential dwelling units, or a phased increment of development comprised of more than 150 residential dwelling units, or a commercial/industrial develop- ment of more than 100,000 square feet of gross leasable area is considered to be a large development. A certificate of public facility adequacy for a large development shall expire five years from the date of its approval except to the extent that building permits have been issued for the proposed LDC10:116 ,""--......,...".,,-".," APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.07 development for which the certificate is approved, and the proposed development is then completed pursuant to the terms of the Collier County Building Code. f. Effect, Issuance of a certificate of public facility adequacy shall çemonstrate proof of adequate public facilities to serve the development approved in the development order, subject to the conditions in the development order, A subsequent application for development approval for development approved in a development order for which a certificate of public facility adequacy has been approved shall be determined to have adequate public facilities as long as the certificate of public facility adequacy is valid and unexpired. When a certificate of public facility adequacy expires, any subsequent application for development approval shall require a new certificate of public facility adequacy to be issued pursuanUo the terms of this section prior to approval of any subsequent development order for the proposed development. Application for approval of a certificate of public facility adequacy for subsequent or continuing development once a certificate has expired shall be based on public facility availability at the time of the new application. Under no circumstances shall a certificate of public facility adequacy be automatically renewed, 3. Effect of development agreement in conjunction with a certificate of public facility adequacy, Upon approval by the Board of County Commissioners, any applicant shall enter into an enforceable development agreement with Collier County pursuant to the provisions of F.S, §§ 163.3220-163,3242 or other agreement acceptable to the Board of County Commission- ers, in conjunction with the approval of a development order and/or a certificate of public facility adequacy, The effect of the development agreement shall be to bind the parties pursuant to the terms and conditions of the development agreement and the certificate of public facility adequacy in order to insure that adequate public facilities are available to serve the proposed development concurrent with when the impacts of the development occur on the public facilities. \ 4. Procedure for review of application. a. Submission of applications and fees, The application for a certificate of public facility adequacy for road facilities only shall be submitted in duplicate to the Community Development and Environmental Services Division Administrator, Such applications shall be submitted at the filing for the next final local development order as specifically provided for under section 10,02,07 C,1, All other applications for a certificate (i.e., except for road facilities) shall be submitted at building permit along with final payment for any impact fees owed, including any road impact fees. Application fees in an amount to be determined by the board of county commission- ers shall accompany and be part of the applications. b. Application contents. The form and contents for the application for public facility adequacy, except for the road component, shall be established by the Community Development and Environmental Services Division Administrator. In all cases, the applicant shall provide a facsimile number at which communications and notifica- tions from the county to the applicant may be sent. The form and contents for the application for public facility adequacy for the roadway component shall be estab- lished by the Transportation Services Division Administrator, Complete applications in LDC10:117 COLLIER COUNTY LAND DEVELOPMENT CODE 10,02.07 their entirety are necessary to allow proper and adequate review by both the Community Development and Environmental Services Division and the Transporta- tion Services Division, The form and contents for applications shall be published and made available to the general public. c. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by the Community Development and Environ- mental Services Division for road facilities, all copies of the application will be time and date stamped. One copy will be forwarded to the Transportation Services Division for processing no later than the next business day, After receipt of the application for certificate of public facility adequacy, the Community Development and Environmental Services Division Admini$.trator and Transportation Services Division Administrator shall determine whether its respective application is complete within five business days. If it is determined that any component of the application is not complete, written notice via facsimile shall be provided to the applicant specifying the deficiencies. The Community Development and Environmental Ser- vices Division Administrator and Transportation Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. The applicant shall provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within 20 business days after any application for a certificate except for road facilities is received and the ,application is determined to be complete, the Community Development and Envi- ronmental Services, Division Administrator shall review and grant, or deny each public facility component except for roads in the application pursuant to the standards established in section 10.02,07C,5, of this Code. The Transportation Services Administrator shall review and grant, or deny a certificate of public facility adequacy for roads within 20 business days after the application is determined to be complete, subject to the approval of the final development order. d. Appeal of public facilities determination, Within 30 days after issuance of the determination of the Community Development and Environmental Services Division Administrator and/or the Transportation Services Division Administrator on the application for a certificate of public facility adequacy, the applicant may appeal the determination of to the Collier County Board of County Commissioners, A fee for the application and processing on an appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the applicant for a third party evaluation. The third party shall be an outside consultant who has been previously approved by the County for the purpose of providing independent review and recommendations on public facility adequacy determinations. The Board of County Commissioners shall hold a hearing on the appeal and shall consider the determination of the Community Development and Environmental Services Division Administrator and the Transportation Services Division Administrator, independent third party testimony and public testimony in light of all the criteria set forth in section 1 0.02.07C,5, The Board of County Commission- ers shall adopt the Community Development and Environmental Services Division Administrator's and the Transportation Services Division Administrator's determina- tion on the application for a certificate of public facility adequacy with or without modifications or conditions, or reject the Community Development and Environmen- LDC10:118 ;,,----.,,""'"",,-,-., -. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.07 tal Services Division Administrator's and the Transportation Services Division Administrator's determination. The Board of County Commissioners shall not be authorized to modify or reject the Community Development and Environmental Services Division Administrator's and the Transportation Services Division Administrator's determination unless the Board of County Commissioners finds_ that the determina- tion is not supported by substantial competent evidence or that the Community Development and Environmental Services Division Administrator's and the Trans- portation Services Division Administrator's determination is contrary to the criteria established in section 1 0.02,07C.5. of this Code, The decision of the Board of County Commissioners shall include findings of fact for each of the criteria, e. Approval of certificate; payment for, and cancellation of certificates, Upon notification by facsimile by the Community Development and Environmental Services Division Administrator or his designee and the Transportation Services Division Administrator or his designee, that an application for a certificate of public facility adequacy for road facilities has been approved, one-half (50 percent) of the estimated transportation impact fees shall be paid, If the applicant does not pick up the certificate and pay all applicable transportation impact fees within 90 days of notification by facsimile, the certificate will be voided. In such a case, the applicant shall then be required to apply for issuance of a new certificate, All Collier County impact fees are due and payable at building permit issuance based on the applicable rate structure at that time. 1. . Traffic Capacity Reservation for all or part of the proposed development may be approved and secured at application pending approval of the final sub-division plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division, The Transportation Administrator will notify the applicant of any traffic capacity reserva- tion via facsimile per section 10.02.07 C.4.c, Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section 10.02.07 C.4.e. payment of road impact fees in accordance with section 10.02.07 C.4.e.; and Proportionate Share Payment, if applicable, in accor- dance with section 6,02.01. Traffic capacity reservations approved under this section will expire in one (1) year, from TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the one (1) year time period. g. Proportionate Share Payments. Proportionate share payments may be used to mitigate the impacts of a development on a deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the north-south lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5,8 and 5.9 of the Comprehensive Plan Transportation Element. However, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA, Hurricane routes in Collier County are shown on Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operating below the adopted LOS within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA LDC10:119 ( COLLIER COUNTY LAND DEVELOPMENT CODE 10.02,07 are maintained, Proportionate share payments under this section are determined subsequent to a finding of concurrency for a proposed project within a TCMA and do not influence the concurrency determination process. development of an individual single family residence will not be required to contribute or make a proportionate share payment under this section. i. The proportionate share of the cost of improvements of such deficient roadways is calculated according to the following formula: Project trips impacting deficient link/SV increase x cost = proportionate share 1. Project trips = Cumulative number of the trips from the proposed development expected to reach the roadway during the peak hour from the complete buildout of a~stage or phase being approved. 2. SV increase = The change in peak hour maximum service volume of the roadway resulting from construction of the improvement neces- sary to maintain the adopted level of service. 3. Cost = Cost of construction, at the time of developer payment, of an improvement necessary to maintain the adopted level of service, Construction cost includes all improvement associated costs, includ- ing engineering design, right-of-way acquisition, planning, engineer- ing, inspection, and other associated physical development costs directly required and associated with the construction of the improve- ment. ii. The cost for a deficient roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area type/facility type as determined by the Collier County Transportation Administrator. 5. Standards for review of application, The following standards shall be used in the determina- tion of whether to grant or deny a certificate of public facility adequacy. Before issuance of a certificate of public facility adequacy, the application shall fulfill the standards for each public facility component (potable water, sanitary sewer, solid waste, drainage, parks and roads). a. Potable water faci/ities, i. The potable water component shall be granted if any of the following conditions are met: (a) The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. (b) The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. (c) The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of section 10,02,07 above of this Code. ,;,.__..,,",",'., LDC10:120 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.07 b. Sanitary sewer facilities, i. The sanitary sewer component shall be granted if any of the following conditions are met: (a) The required public facilities are in place at ttle time a final site development plan, final subdivision plat or building permit is issued. (b) The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued, (c) The required public facilities -are guaranteed in an enforceable development agreement that includes the provisions of sections (a) and (b). c. Solid waste facilities, i. The solid waste component shall be granted if any of the following conditions are met: (a) The required pubic facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued, (b) The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued. (c) The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of subsec- tions (a) and (b) above. , , d. Drainage facilities. The drainage component shall be granted if the proposed development has a drainage and water management plan that has been approved by the Environmental Services Division that meets the LOS for capital drainage facilities defined in section 6,02,01 D, of this Code. e. Park and recreation facilities, i. The parks and recreation component shall be granted if any of the following conditions are met: (a) The required public facilities are in place at the time a final site development plan, final subdivision plat or building permit is issued. (b) The required public facilities are under construction at the time a final site development plan, final subdivision plat or building permit is issued, LDC10:121 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02,07 (c) The required public facilities are the subject of a binding contract executed for the construction of those public facilities, which pro- vides for the commencement of actual construction within one year of issuance of a final site development plan, final subdivision plat or a building permit. . (d) The required public facilities are guaranteed in an enforceable development agreement that includes the provisions of sections (a), (b), and (c) above f. Road facilities, The road component shall be considered based upon whether the proposed development is outside a designated ASI or within a designated AS/. i. Road facilities. The road component ·shall be considered based upon whether sufficient roadway and intersections capacity is available based on the findings of the Transportation Impact Statement (TIS), which shall be based upon the provisions of sections 3,02.02 H, and 6,02,02 K, ii. Development within designated area of significant influence (ASI). For development within a designated ASI covering a potentially deficient road segment, the road component shall be approved, subject to available capacity, if it is demonstrated the proposed development will not make the potentially deficient road segment within the ASI a deficient road segment. In the instance where the proposed development will create a deficient road segment, a certificate of public facility adequacy for the road component shall be approved only for that portion of the development that does not create the deficient road segment. For development within a designated ASI covering a deficient road segment, the road component shall be approved only for that portion of the development that does not increase the net trips on the deficient road segment and does not further degrade the LOS of the deficient road segment. , " 10.02.08 Submittal Requirements for Amendments to the Official Zoning and LDC A. Purpose and intent. This zoning code and the official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Procedures shall be as follows: B. Initiation of proposals for amendment. A zoning atlas amendment may be proposed by: 1. Board of county commissioners. 2. Planning commission. 3. Board of zoning appeals, 4. Any other department or agency of the county, 5. Any person other than those listed in 1-4 above; provided, however, that no person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he does not own, The name of the owner shall appear in each application, All proposals for zoning amendments shall be considered first by the planning commission in the manner herein set out. LDC10:122 ,-.,.-_...;",." PUD Retirement and Expiration (Working Discussion Draft) ORDINANCE NO. 05- WHEREAS, on 1990, Collier Counjy implemented its concurrency management system as set forth in the Capital Improvement Element and Traffic Circulation Element of the Growth Management Plan by adopting the Adequate Public Facilities Ordinance No. , and WHEREAS, on , 2003, the County adopted Ordinance No. , which provided for substantial amendments to its Adequate Public Facilities Regulations as codified in the Land Development Code (presently Section 6,02.00) to establish basic structure of the current concurrency management system (CMS); and WHEREAS, the amended concurrency management system utilizes a real-time, "checkbook" concurrency system for coordinating the timing of construction of transportation facilities capacity with final local development order approvals; and WHEREAS, nearly fifteen (IS) years have elapsed since the adoption of the original concurrency management system and nearly two (2) years have passed since the adoption of the checkbook concurrency management system; and WHEREAS, since adoption of the Growth Management Plan in 1989, the Board of County Commissioners has approved 115+ Planned Unit Development (PUD) Zoning Districts approving a maximum number of 65,000+ new residential dwelling units which may be authorized to be built; and WHEREAS, many of these residential PUD Zoning Districts and residential portions of mixed use PUD Zoning Districts have completed construction of all development areas and phases within those districts, and the number of actual residential dwelling units that have been built are significantly less than the maximum number authorized by the above-described PUD Zoning Districts; and WHEREAS, there are presently deficient roadway segments operating below their Adopted Level of Service Standard (LOSS) within the County, approximately _ of which are considered deficient under the checkbook CMS, thereby delaying approval of otherwise permissible final local development orders due to capacity being I of 6 Words struck through are deleted; words underlined are added. reserved for a portion of the total number of approved but unbuilt residential dwelling units within the various PUD Zoning Districts; and WHEREAS, there are presently_ roadway segments operating or projected to operate at an unacceptable LOSS within five years when the impacts of proposed PUD zoning districts are evaluated under the criteria of Policy 5.1 of the Transportation Element which requires the Board deny approval due to capacity being reserved for a portion of the total number of approved but unbuilt residential dwelling units within the various PUD Zoning Districts; and WHEREAS, neither the PUD Zoning District regulations nor the Land Development Code require that any excess numbers of unbuilt residential dwellings must be built; and WHEREAS, the large amount of reserved capacity for these approved but unbuilt residential dwelling units may indefinitely delay approval of otherwise permissible new development on the deficient roadways; and WHEREAS, this has resulted in a situation that' could affect development on deficiênt roadway segments for many years and result in the unneeded or premature expenditures of public resources to create capacity for transportation facilities; and WHEREAS, by eliminating these approved but unbuilt residential dwelling units within the various PUD Zòning Districts the County further intends to strengthen the accuracy of its concurrency management system to coordinate the availability of new capacity with the impacts of current final local development orders; and WHEREAS, the County hereby determines that it is in the best interest of the residents of the County to establish processes that will allow for the voluntary termination of, or authorize the County to terminate the development rights for, the approved but unbuilt residential dwelling units in the various PUD Zoning Districts to reflect the actual number of built units; and WHEREAS, the County further determines that it would serve a public purpose and it is in the best interest of the residents of the County to require that the regulations for all new PUD Zoning Districts as well as existing PUD Zoning Districts that, are being, or will be amended, provide for an expiration date for further residential development. 20f6 Words struck through are deleted; words underlined are added. ~-._-'"-' --.. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: RECITALS: The above recitals are true and correct and are hereby incorporated by reference herein. SECTION TWO: PURPOSE AND INTENT There is hereby established a process to evaluate all existing lawfully approved planned unit development (PUD) zoning districts to determine the actual number of residential units that have been built and the actual number of residential single-family lots that have been platted as contrasted with the number of residential dwelling units approved by the particular PUD zoning ordinances. This process shall provide a means to reduce the number of approved residential dwelling units to the actual number that have been built or for which single family residential lots have been platted. There shall also be a process to establish an expiration date for further residential development in new PUD zoning districts and for those existing PUDs for which a PUD amendment is being sought. These processes are necessary to enable the County to plan effectively for realized transportation impacts to be evaluated by the concurrency management system so that an orderly process of land development may continue in a predictable sequence with manageable confidence levels of the regulatory risks of a stoppage of approvals for indeterminate time periods. SECTION THREE: APPLICABILITY This section of the LDC shall apply to all PUD zoning districts within the unincorporated areas of Collier County except as provided by Section _' SECTION FOUR: DEFINITIONS For purposes of this Section of the LDC, the following definition shall apply: I. Built-out PUD - Any PUD Zoning District where all areas set aside for residential development on its Master Concept Plan have been completed either in the form of: residential dwelling units that have been constmcted and received a certificate of occupancy; are under constmction pursuant to a lawfully issued building permit; or lots that are part of a subdivision that has received final plat approval from the Board of County Commissioners. SECTION FIVE: EXEMPTIONS The following are exempt from the provisions of this Section of the LDC: I, PUD Zoning Districts that have also received Development of Regional Impact (DRI) approval pursuant to Section 380.06, Florida Statutes. 2. Built-out PUDs that have developed to the maximum number of residential dwelling units authorized by the regulations for the particular PUD zoning district. 3. PUD zoning districts where the authorized number of residential dwelling units exceed the number of residential dwelling units actually constructed or single-family lots actually receiving final subdivision plat approval which excess units have been retained 3 of 6 Words struck through are deleted; words underlined are added. by a Master Property Owners' Association or like entity pursuant to restrictive covenants or like documentation recorded in the Official Records of Collier County, Florida. 4. PUD zoning district consisting of residential dwelling units which have been determined to have vested rights pursuant to Section 9.02.0 I of the LDC. SECTION SIX: EXPIRATION DATE I. All PUD zoning regulations for new PUD Zoning Districts with a residential component are required to establish an expiration date for all residential development. No further residential development shall be authorized after the expiration date established by the PUD zoning regulations. 2. A PUD zoning ordinance may be amended prior to the expiration date to extend such date. Any such amendment shall follow the PUD amendment process set forth in Section _ of the LDC. 3. An expiration date shall be required for all PUD Zoning Districts for which a PUD amendment has been applied for as of [effective date of this ordinance]. SECTION SEVEN: REQUIREMENTS FOR EXISTING PUD ZONING DISTRICTS THAT HAVE NOT BEEN TURNED OVER TO THE PROPERTY OWNERS ASSOCIATION Prior to the turn over of a PUD development to the Master Property Owners' Association or like entity, the developer shall apply for a PUD amendment for the purþàse of adjusting the number of residential dwelling units from the number authorized by the PUD zoning regulations to the number of residential units actually constructed and/or the number of single-family lots for which final subdivision approval has been granted. This amendment process shall be the same as the PUD amendment process set forth in Section _ of the LDC. SECTION EIGHT: PROCESS FOR AMENDING EXISTING BUILT-OUT PUD ZONING DISTRICTS " I. Establishment of planning reviews commumtles: The 12 planning communities established by Subsection 106-42(a) of the Collier County Code of Laws and Ordinances is hereby established for the purpose of evaluating built-out PUDs, The built-out PUD zoning districts in each planning community shall be the subject of a single comprehensive ordinance amending the number of the authorized residential dwelling units from the number currently allowed by the PUD Zoning District to the actual number of units actually constructed, or under construction together with the number of lots for which final subdivision plat approval has been obtained. Such comprehensive PUD amendments shall be made on a planning community by planning community basis, commencing with the first planning community and proceeding successively until the built-out PUD zoning districts subject to this Section of the LDC have completed the amendment process. 2. Planning staff evaluation: The County Manager, or designee, shall review each built-out PUD zoning district to determine the number of residential dwelling units constructed, or under construction together with the ,number of single family residential lots that have received final plat approval as compared to the number of residential dwelling units authorized by the PUD ordinance, Staff shall have _ days to perform the review. The review shall be made on a planning community by planning community basis. In conducting the review, staff shall also consider the exemptions set forth in 40f6 Words struck through are deleted; words underlined are added, Section _. Staff shall prepare a report containing the correct number of residential dwelling units recommended for each built-out PUD pursuant to this process. 3. Notice to the Master Property Owners' Association: Within _ days of completing its report, the County Manager, or designee, shal1 notify the Master Property Owners' Association, or like entity, of the staff findings and that the PUD ordinance shall be amended consistent with the staff report. 4. Notice to all property owners within the POO: Within _ days of completing its report, the County Manager, or designee, shall notify each person, or entity, owning property within the POO of the staff findings and recommendations for POO amendment. 5, Form of notice: The third and fourth notices shall be by certified USPS mail return receipt requested sent to the address shown on the then current year's tax roll on file in the Tax Collector's.records. 6, Objections to proposed PUD amendment: Any affected property owner or the property owners' association may submit written objections to the County Manager, or designee, no later than 60 days after receipt of the notification referenced in Paragraphs 3 and 4 above, 7. PUD amendment process: Planning staff shall lmtJate amendments to the various built-out PUD zoning district regulations consistent with the recommendation set forth in its report. The notice, advertising and public hearing process shall be the same as for the regular PUD amendment process, set forth in Section _ of the LDC, except that no neighborhood information meeting, pursuant to Section ,shall be required, The PUD amendment process shall be initiated within _ days of the close of the time period allowed for property owner objections and consideration by staff. SECTION NINE: VESTED RIGHTS AND TAKINGS CLAIMS '. Any affected própe11y owners' association or property owner who claims vested rights or a taking of private property rights would result from implementation and application of this section shall follow the process set forth in Section 9.02.00 of the LDC. SECTION TEN: EFFECT OF MORATORIUM The completion date timeframes referenced in Section Six shall be tolled for the same time the County adopts any regulation imposing a moratorium affecting development within a particular PUD zoning district. The period as the duration of the moratorium regulation. PASSED AND DULY ADOPTED by super majority vote of the Board of County Commissioners of Collier County, Florida, this _ day of _ 2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Fred W. Coyle ,CHAIRMAN Approved as to Form and Legal Sufficiency: 50f6 Words struck through are deleted; words underlined are added. ,-- Marjorie M, Student Assistant County Attorney ... 60f6 Words struck through are deleted; words underlined are added. -- --