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Agenda 02/26/2008 Item # 8A Agenda Item No. 8A February 26, 2008 Page 1 of 7 EXECUTIVE SUMMARY Request for the Board to consider a proposed amendment to section 1.04.04, Reduction of Required Site Design Requirements, of the Collier County Land Development Code as part of the Special Land Devclopment Code (LDC) amendment cycle for the 2008 as previously approved by the Board OBJECTIVE: Request revIew and subsequent approval by the Board of eounty Commissioners of an amendment to the Land Development Code (LDC) specifically addressing Section 1.04.04, Reduction of Required Site Design Requirements to address the severing of Transfer of Development Rights (TDR) related to lands identified for a Transportation right-of- way. CONSIDERA TIONS: On December II, 2007, under Item 16A2, the Board approved the scheduling of a special anlendment cycle of the Land Development Code to consider a private amendment submitted by agents rcpresenting Florida Rock to allow the owners of property to retain as much of the property rights as they enjoyed prior to acquisition of a portion of their property for public use. These regulations have been developed so that the eounty or a private entity or other governmental entity acting under an agreement with the County will not be compelled to purchase more land than is needed for public use. This item is considered to be the first reading of the proposed anlendment. The second reading as approved by the Board is scheduled for March 11, 2008. On February 8, 2006, the County adopted Ordinance # 06-07 amending section 1.04.04 "Reduction of Required Site Design Requirements" of the Land Development Code. The purpose of the amendment was to minimize the ncgative impacts of public land acquisition on the property owner by allowing rcductions in the LDC requircments that might prohibit full utilization and/or future enhancement of the property and the rights enjoyed thereon. In a sense, the amendment was aimed at making the property and property lights "whole" again by allowed reductions in LDe-required lot area, lot dimensions, setbacks, buffers, water management areas, off-street parking and architectural standards. At the time of adoption of the 2006 ordinance, it was thought that the anlendment covered the entire basis or all of the LDC requirements that might diminish or render non-conforming the remainder of a property after the acquisition. The Transfer of Development Rights (TDR) program was introduced in 2002; however, activity in TDRs did not begin until the implementation of TDR bonus credits in the fall of 200S. The situation where the acquisition of land for public use would impact TDR credits had not arisen until now. Under thc current TOR requirements, a minimum lot size of S acres is required to sever a TDR credit from property zoned Agricultural (A). ..-~,-, Agenda Item No. 8A February 26, 2008 Page 2 of 7 FISCAL IMPACT: It has been estimated by the applicant and Transportation staff involved in the acquisition of land for right-of-way for this project (Wilson Blvd. Extension) that this amendment would allow the County to save approximately I million dollars. This savings would be realized by allowing property owners to continue to utilize TDR credits and bonus credits on parcels ofless than 5 acres in size. As the need for acquisition of lands for public use within the Rural Fringe Mixed Use District (RFMUD) Sending Area increases, so will the saving on taxpayer dollars expended to acquire needed land. GROWTH MANAGEMENT IMPACT: Comprehensive Planning Department staff has worked closely with the applicant and the Transportation staff to insure that this amendment to the Land Development Code is consistent with the County's Grow1h Management Plan. LEGAL CONSIDERATIONS: The proposed amendment is legally sufficient for Board action. -JAK. RECOMMENDA TION: On January 9, 2008, the Development Services Advisory eommittee voted unanimously (with I abstention) to recommend approval of this amendment. The Environmental Advisory Council (EAC) voted unanimously to recommend approval with the stipulation that an earlier reference to "public purpose" be struck and that a reference to County ownership be added. The recommended changes were made and staff supported the revised amendment. At the January 17, 2008 meeting, the Collier County Planning Commission (ecPC) recommended that the phrase "other governmental entities" be struck and specific governmental agencies be identified in the subsection. The recommended change was adopted and the CCPC voted unanimously to recommend approval of the amendment. Staff recommends approval of this LDC amendment. This addition of TDRs to the bundle of property rights insures that property owners who undergo acquisition of their land or, more importantly, a pOliion of their land will still retain their rights as property owners. In addition, the public gains when less taxpayer dollars need to be expended to provide public services. Prepared by: Catherine Fabacher, AICP, LDC Manager, Zoning & Land Development Review, Community Development and Environmental Services Page I of I Agenda Item No. 8A February 26, 2008 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: SA Item Summary: Request for the Board to consider a proposed amendment to section 1.04.04, Reduction of Required Site Design Requirements, of the Collier County Land Development Code as part of the Special Land Development Code (LOC) amendment cycle for 2008 as previously approved by the Board, Meeting Date: 2/26/200890000 AM Prepared By Catherine Fabacher Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 2/4/200810:48:39 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 2/5/20087:28 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 2/8/20084:31 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zoning & Land Development Review 2/11/20081:33 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 2/13/200810:25 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 2/13/200812:24 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/16/200811:24 AM file:/ /C:\Agenda Test\Export\ I 0 l-February%2026, %202008\08. %20AD VER T1 SED%20PU u. 2/20/2008 -~'-'-"'---~--~'~-'~~--- -.~---,-,".'-- "",w,~.,,~.-,_. .... -----~ _ ..._.m'_ Agenda Item No. SA February 26, 2008 Text underlined is new text to b~e.d1 of 7 Tent stFilietRF81::l9l:1 is 81::lFFeRt 1SH1 18138 8st81e8. Bold text indicates a defined term LDC Amendment Request ORIGIN: Florida Rock Industries, Inc. Private Petition AUTHOR: Doug Lewis and Bruce Anderson in Consultation with County Staff. DEPARTMENT: Transportation Division. AMENDMENT CYCLE: 2008 Special Cycle Ia LDC PAGE: LDCI:5-6 LDC SECTION(S): 1.04.04 Reduction of Required Site Design Requirements CHANGE: Add that reduction of minimum size, dimension or area of existing yards, lots or parcels is prohibited except where a portion thereof is being acquired for a present or planned public use and/or purpose by the County or another govemmental entity or by a private party under an agreement with the County or other governmental entity. This exception already exists in LOC for acquisitions and condemnation by government or dedication to government. The amendment merely adds that the exception also applies where a private party is acting on behalf of government. The amendment also provides that such reduction shall not effect the eligibility of the lot or parcel to sever Transfer of Development Rights (TOR) Credits where the reduction occurs as a result of acquisition for a present or planned public use and/or purpose by the County or another governmental entity or by a private party under an agreement with the County or another governmental entity. REASON: The purpose is to leave owners of Rural Fringe Sending Lands in the same legal position after an acquisition, of their lot or parcel for a public use and/or purpose. as the lands were prior to the acquisition. FISCAL & OPERATIONAL IMPACTS: This will significantly reduce the costs of acquisition of rights of way for a public use and/or purpose within Rural Fringe Sending Lands, because the County will only be paying for the land not for severance damages for TORs that could no longer be severed from such Jots or parcels because of the reduction in size as a result of the acquisition by or on behalf of the County. RELATED CODES OR REGULATIONS: Subsection 2.03.07 D. 4. Transfer oj' Development Rights (TDR). GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: December 20, 2007 Amend the LDC as follows: 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one January 23,2008 1 ::OOMA\PCOOCS\NAPLES\545118\1 Agenda Item No. 8A February 26, 2008 Text underlined is new text to b~dI; of 7 Tellt strih:eU:lrSblfjA is S\:;lFreRt t8Hl ts Be 8sletsEl. Bold text indicates a defined term building, structure, or use shall be included as meeting the requirements for any other, structure, or use, except where specific provision is made in this LDC. B. Minimum standards; non conformities created by public acquisition. 1. All lots or yards created after the effective date of this Code [Feb. 14, 2006] must comply with the requirements then established by this Code. 2. No lot, even though it may consist of one or more abutting lots of record, or yard, existing at the effective date of this Code [Feb. 14,2006] or lawfully existing on the effective date [Feb. 14, 2006] of applicable amendments to this Code shall thereafter be reduced in its degree of compliance, including its size, dimension, or area, beiow the minimum requirements then set forth in this Code, except by reason of a portion thereof being acquired for present or pianned public use bv the followinq partv or parties: (j) Collier Countv: (ii) another qovernmental entity or en1ities includinq the State of Florida. Biq Cypress Basin. South Florida Water Manaqement District. Florida Department of Transportation and public utility companies providinq public service: (iii) private utility companies providinq public service: and/or (iv) a private party or parties under an aqreement with Collier County or another qovernmental entity or entities containinq provisions for said private party or parties to make such acquisition and for the future transfer of ownership (fee or easement interest) to Collier County or another qovernmental entity or entities. in any manner, including dedication, condemnation, purchase, and the like. a. Required yards on improved lots, lot area, lot coverage on improved lots, and lot dimensions rendered nonconforming or more legaliy nonconforming as a result of being acquired for present or planned public use by the party or parties described in B.2. above may be reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase, or similar method of acquisition for publis use, but shall not result in a front yard of less than ten feet (10') in depth. Accordingly, the resulting degree of nonconformity of the area and dimensions of a lot and the required yards with this Code's then current requirements will be deemed lawful unless or until the remaining lot or yard is recreated, typically by re-development, re-plat or lot re-combination, at which time such lots and yards must comply with the requirements then established by this Code. Further, no conforming lot otherwise qualifying for a lot split or lot line adjustment pursuant to Section 10.02.02. B.8; 10.02,02, B.12, 1.04.04 or 9.03.03.A 5 may be denied such approval solely on the grounds that the resulting lot or lots would be less than the required minimum area for such lot(s) in the applicable zoning district as a resuit of acquisition, from Feb. 14,2006. b. Other existing site related legal non conformities, including those rendered more nonconforming as a result of acquisition for present or planned public use by the party or parties described in B.2. above and which pertain to this Code's or other county code January 23,2008 2 ::ODMAIPCDOCSINAPLESI54511811 --~,-, M_'___'.. .-..,---,-'..... _.._-~..~~~-,..~> -_._-, '--""~ Agenda Item No. 8A February 26, 2008 Text underlined is new text to bERWded:; of 7 Taitt striltstArel:lSlt;;, ie; S1:rlFF8At tellt Ie B8 aeteteEl. Bold text indicates a defined term requirements, such as, but not limited to, storm water management, landscaping or buffers, preserves, on- or off-site parking, architectural design standards, etc., will be deemed iegally nonconforming ,and all such resulting nonconformities may be allowed to remain so nonconforming , unless or until the remaining lot or yard is subsequently re-created or re- developed, at which time such site related nonconformities and development must comply with the then existing requirements of this Code. c. In those circumstances where acquisition for present or planned public use, by the party or parties described in B.2. above. of a portion of a lot or yard would result in one or more non conformities that would require approval of a development order or permit in order to implement the terms of the acquisition, i.e., in order to cure or remedy the effect of an acquisition, (e.g., an SOP or building permit required to relocate a prior existing building), the County manager, or designee, is authorized to approve such development order or permit so long as any prior existing legal nonconformity of the type set forth in b. above would not be increased. d. A leqal non-conforminq lot or parcei of less than five (5) acres desiqnated as RFMU sendinq lands or otherwise eliqible for TOR severance that was in existence as of June 22. 1999. which is later reduced in size or rendered more non-conforminq as a result of a portion thereof beinq acquired for present or planned public use bv Collier County or another partv or parties as described in B.2. above. may be reduced by the same dimension. area. or amount involved in the dedication. condemnation. purchase or similar method of acquisition and the resultinq lol(s) or parcel(s) not so acquired shali be deemed a leqal non-conforminq lot or parcel of less than five (5) acres entitled to severance of base and bonus TOR credits at a rate of 1 TOR credit per leqai non- conforminq lot or parcel pursuant to Section 2.03.07 O. 4. of the LOC. 3. A lot or parcel five (5) acres or larqer desiqnated as RFMU sendinq lands or otherwise eliqible for TOR severance. which is later reduced in size as a result of a portion thereof beinq acquired for present or planned public use by the party or parties described in B.2. above, may be reduced by the same dimension. area. or amount involved in the dedication, condemnation. purchase or similar method of acquisition and the number of base and bonus TOR credits qenerated from such resultinq lol(s) or parcel(s) not so acquired shall be calculated pursuant to Section 2.03.07 O. 4. of the LOC based on the lot or parcel acreaqe which existed prior to the dedication. condemnation, purchase or similar method of acquisition. ~. This section may be applied to those acquisitions occurring prior to the adoption of this ordinance so long as the purchase or dedication of the property has not closed, or the condemnation proceeding relating to the property acquired has not reached final disposition. January 23, 2008 3 ::ODMAIPCDOCSINAPLESI54511811 Agenda Item No. 8A February 26, 2008 Text underlined is new text to b~ of 7 TeJIt stFihetAFBl:lgR i6 Sl:lR"8At tSld t8 138 8818t88. .- Bold text indicates a defined term C. Other than provided for immediately above, required off-street parking shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this LDC, 545118 v_OJ \ 1 ]4324.0001 January 23,2008 4 ::ODMA\PCDOCS\NAPLES\545118\ 1 ..---- -"-_.- -~'- ~~..".,,- ..._~-"' --..'-,..