Agenda 02/26/2008 Item #10C
Agenda Item NO.1 OC
February 26, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners evaluate the feasibility of
whether a Community Development District (CDD) can serve as an approved program
applicant related to the Rural Fringe Mixed-Use District Transfer of Development Rights
(TDR) program relative to severance eligibility in relation to the attainment of the
Environmental Restoration & Maintenance and Conveyance bonus credits
OBJECTIVE:
Request that the Board of County Commissioners (BCC) evaluate and consider the procedural
feasibility of a Rural Fringe Mixed-Use District (RFMUD) Transfer of Development Rights
(TDR) program applicant proposal relative to severance eligibility as it relates to the attainment
of the Environmental Restoration & Maintenance (ERM) and conveyance bonus credit.
CONSIDERA TIONS:
In October of 2006, staff received nine TDR severance applications on behalf of Caloosa
Reserve, LLC. The nine applications were comprised of thirteen separate RFMUD Sending Land
parcels (totaling 110 acres) which are located within North Belle Meade. Staff approved and
processed the subject severance applications and issued the requisite number of Base and Early
,-" Entry (EE) TDR certificates. Since the applicant only severed Base and EE TDR credits, the
subject properties are eligible for two additional bonus TDR credits, e.g., ERM and Conveyance.
Previous to delving into the ERM and conveyance severance proposal, clarification needs to be
provided with respect to aforementioned TDR bonus credit cligibility criteria.
Per section 2.03.07 D. 4. c. ii. a) of the Land Development Code (LDC), the following language
applies with regard to the issuance of ERM and conveyance bonus credit:
"a) Environmental Restoration and A1aintenance Bonus credits are generated at a rate of
1 credit for each TDR credit severed .fimn that RFMUD sending land for which a
Restoration and Management Plan (RMP) has been accepted by the Coun(y. In order to
be accepted, a RMP shall satistY the following:
1) The RMP shall include a listed ,species management plan.
2) The RMP shall compzy with the criteria set forth in 3.05. 08.A. and B.
3) The RMP shall provide financial assurance in the form of a letter of credit or
similar.financial surety, that the RMP shall remain in place and be preji:Jrmed,
until the earlier ofthe/ollowing occurs:
~
-.,. -"-..,.--,-'."
Agenda Item NO.1 OC
February 26, 2008
Page 2 of 7
a) Viable and sustainable ecological and hydrological.fimctionality has
been achieved on the property as measured by the success criteria set
.forth in the RMP.
b) The property is conveyed to a County, state, or .federal agency as
provided in b) below.
4) 17,e RMP shall provide.for the exotic vegetation removal and maintenance to
be peljiJrmed by an environmental contractor acceptable to the County
b) Conveyance Bonus credits are generated at a rate o.f 1 credit fiJr each TDR credit
severed Fom that RFMUD sending land that is conveyed in .fee simple to a .federal, state
or local government agency as a gifi. Conveyance Bonus credits shall only be generated
Fom those RFMUD sending land properties on which an RMP has been accepted as
provided in a) above. "
Caloosa Reserve, LLC proposes to submit a private Restoration and Maintenance Plan (RMP)
for each of their Sending Land properties pursuant to LDC criteria outlined above. In order to
gamer the Conveyance bonus credit, the applicant is also requesting that their submitted, but yet
to be approved Community Development District (CDD), CDD-2007-2, Mockingbird Crossing,
be viewed as a conveyance accepting governmental agencv if its creation is ultimately approved.
It should be noted that subject TDR severed Sending Lands which Caloosa Reserve, LLC
proposes to convey are not inclusive or contiguous to the proposed CDD district boundaries. The
respective sites for the proposed CDD location and the subject TDR severed Sending Lands are
completely separatc from one another. The proposed CDD site lies south of 1mmokalee Road
within Section 36 whereas the Sending Land parcels are located within North Belle Meade.
Though not explicitly stated by the applicant, as noted below (excerpt from Florida Statute
Chapter 190) a CDD has special taxing authority and with that the most plausible funding
mechanism available for land management activities would be levying a tax levied on the
residents and or businesses with the CDD, i.e., those benctiting either directly or indirectly from
credits would ultimately finance the perpetual restoration and maintenance activities.
190.012 Special powers; public improvements and community.facilities.--The district
shall have, and the board may exercise, subject to the regulatOlY jurisdiction and
permitting authority of all applicable governmental bodies, agencies, and special
districts having authority with respect to any area in eluded therein, any or all of the
follo"'7ng special powers relating to public improvements and community.facilities
authorized by this act:
(1) Tofinance,.fimd, plan, establish, acquire, construct or reconstruct, enlarge or
extend, equip, operate, and maintain systems, facilities, and basic infrastructures .for the
following:
(a) Water management and control.for the lands within the district and to connect some
,..- or any of such facilities "'7th roads and bridges.
-,-,
Agenda liem No. 10C
February 26, 2008
Page 3 of 7
(b) Water supply, sewer, and wastewater management, reclamation, and reuse or any
combination thereof, and to construct and operate connecting intercepting or outlet
sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and
under any street, alley, highway, or other public place or ways, and to dispose of any
ejJluent, residue, or other byprodud~ of such system or sewer system.
(c) Bridges or culverts that may be needed across any drain, ditch, canal,floodway,
holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over
levees and embankments, and to construct any and all of such works and improvements
across, through, or over any public right-of-way, highway, grade, fill, or cut.
(d) 1. District roads equal to or exceeding the applicable specifications of the county in
which such district roads are located; roads' and improvements to existing public roads
that are owned by or conveyed to the local general-pwpose government, the state, or the
Federal Government; street lights; alleys; landscaping; hardscaping; and the
undergrounding of electric utility lines. Districts may request the underground placement
of utility lines by the local retail eleetrie utility provider in accordanee with the utility's
tariff on file >eith the Public Service Commission and may finance the required
contribution.
If the CDD were created and allowed to act in the capacity of a land managing governmental
agency, the CDD would have to be designated as the responsible agent for maintaining financial
.~ assurance for management activities and it would have to be stipulated by an agreement between
the County and the respective CDD Board of Supervisors. In the event that the BCC approves
and creates the CDD, the applicant is requesting the companion approval and issuance of
Conveyance bonus credit based upon interpretative CDD eligibility as a conveyance accepting
governmental agency.
In researching this issue, staff reviewed the Collier County Planning Commission (CCPC)
meeting transcript relative to the 2005 LDC Amendment Special Cycle.2a (cycle which vetted
the bonus arnendments). In review of the minutes, the only mention gcnnane to the Conveyance
bonus was discussion regarding eligibility, i.e., conveying property to a County, state or federal
governmental agency. The "Water Management District" was cited as an example agency.
To date, the TDR program has processed and approved one application for the Conveyance
bonus. In that case, the subject participant conveyed their property to the South Florida Water
Management District. Based upon what staff assesses as the Board's intent and subsequently the
expressed and implied intent of the subject bonus amendments, staff does not believe a CDD
qualifies as a conveyance accepting governmental agency as they are not viewed as a public
agency configured or equipped to conduct the necessary land management activities. The
applicant's position is that a CDD is clearly a "governmental agency" and it qualifies for the
purposes of awarding the Conveyance bonus TDR under LDC section 2.03.07. D. 4. c. ii. b).
Staff acknowledges that this proposal is representative of an existing policy implementation
impediment being experienced by the RFMUD TDR program -- most notably, applicants having
--- difficultly coordinating severance of the Environmental Restoration & Maintenance and
Agenda Item No.1 DC
February 26, 2008
Page 4 of 7
Conveyance bonus credit through the mechanism initially contemplated at bonus arnendment
inception. However, notwithstanding the unanticipated policy issues, the described proposal does
not address the overarching po licy concern - that is, that the Board accept the premise that a
CDD is deemed to be an acceptable governmental agency to participate to be held legally
responsible for the restoration and maintenance oflands placed in conservation after TDR credits
have been severed.
Further, with respect to this applicant, the proposed Caloosa CDD and more specifically to lands
in the North Belle Meade, the Engineering & Environmental Services Department is currently
evaluating a general management plan submitted by the Collier Soil & Water Conservation
District that is designed to encapsulate all eligible Sending Land within North Belle Meade.
Their general management plan is cunently W1der review and not approved at this time, but it
represents an attempt at establishing a competent governmental agency (one associated with
conducting land management) as a possible land steward ofNortl1 Belle Meade.
The RFMUD TDR program has not reached a point of undeniable dysfunction and to interpret a
CDD to be viewed as a land managing governmental agency (similar to the Water Management
District or the Soil and Water Conservation District) would incontrovertibly undermine the
viability and intent ofthe program.
In contrast, there is nothing specific in the LDC or in tile minutes of the adoption of Section
2.03.07. D. 4. c. ii. b) that expressly excludes a CDD from qualifying as a governmental agency
for purposes of awarding the Conveyance bonus TDR. The applicant in this instance claims that
the proposed Caloosa CDD is the only viable option and the failure of staff to recognize a CDD
as an acceptable governmental agency in this case will negatively impact the viability of the
TDR prograrn.
FISCAL IMPACT:
There is no quantifiable fiscal impact associated with this issue.
GROWTH MANAGEMENT IMPACT:
Per staff interpretation the subject proposal is deemed not consistent with the Future Land Use
Element of the Growth Management Plan. In addition, the subject proposal to have a CDD serve
as the accepting government agency is deemed to not meet the intent of the RFMUD TDR
prob'fam bonus arnendments as they were designed to function.
LEGAL CONSIDERATIONS:
This Office shares staffs concerns with Applicant's request, and welcomes Board direction on
this matter - JAK
Agenda Item No. 10C
February 26, 2008
Page 5 of 7
RECOMMENDATION:
Staff recommends that the BCC concur with staffs position that a CDD is not an acceptable
governmental agency relative to severance eligibility as it relates to the attainment of the ERM
and Conveyance TDR bonus credits. If the Board, by policy, accepts the premise that a CDD is
an acceptable governmental agency then provide staff guidance on how to proceed to insure that
doing so does not undermine the viability and intent of the RMFUD TDR program.
PREPARED BY:
Joe Thompson, Senior Planner, Comprehensive Planning Department
._.
Page 1 of2
Agenda Item NO.1 OC
February 26, 2008
Page 6 of 7
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Item Number: 10C
Item Summary: Recommendation that the Board of County Commissioners evaluate the feasibility of a Rural
Fringe Mixed-Use District Transfer of Development Rights program applicant proposal
relative to severance eligibility in relation to the attainment of the Environmental Restoration
& Maintenance and Conveyance bonus credit to a COD. (Joe Thompson, Senior Planner.
Comprehensive Planning Department, COES)
Meeting Date: 2/2612008900:00 AM
Prepared By
Joe Thompson Planner Date
Community Development & Comprehensive Planning 1118/200810:24:14 AM
Environmental Services
Approved By
Joe Thompson Planner Date
Community Development & Comprehensive Planning 1118120082:10 PM
Environmental Services
Approved By
Jeff Klatzkow Assistant County Attorney Date
-,
County Attorney County Attorney Office 1/19/20083:52 PM
Approved By
Comprehensive Planning Department
Randall J. Cohen Director Date
Community Development &
Environmental Services Comprehensive Planning 1/28/200810:54 AM
Approved By
Mike Basi, AICP Principal Planner Date
Community Development &
Environmental Services Zoning & Land Development Review 1129120082:41 PM
Approved By
Joseph K. Schmitt Community Development &
Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 2112/200810:28 AM
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 2112120084:12 PM
-
Approved By
file://C:\AgendaTest\Export\ 1 0 I-February%2026,%202008\ I 0.%20COUNTY%20MANAG... 2/20/2008
"-,-,-,,'- --~-----~.,._.,.".~. .-."...,-,_.,." _...._~...__._". ~._--- . -.--.--.-.
Page 2 of2
Agenda Item NO.1 OC
February 26, 2008
Page 7 of 7
OMS Coordinator Applications Analyst Date
Administrative Services Information Technology 2/13120087:50 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 2/13/200810:58 AM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 2/13/200811:16AM
file://C:lAgendaTestIExportll 0 l-February%2026,%2020081 10. %20COUNTY%20MANAG... 2/20/2008