Agenda 09/08/2020 Item #17C (PL20190002635/CPSP-2019-4)09/08/2020
EXECUTIVE SUMMARY
Recommendation to approve by Ordinance an extension of the Transfer of Development Rights
Early Entry Bonus Growth Management Plan Amendment to the Collier County Growth
Management Plan, Ordinance 89-05, as amended, and to transmit to the Florida Department of
Economic Opportunity (Adoption Hearing) [PL20190002635/CPSP-2019-4].
OBJECTIVE: For the Board of County Commissioners (Board) to approve (adopt) an amendment to the
Collier County Growth Management Plan (GMP), pertaining to the Transfer of Development Rights
program, for transmittal to the Florida Department of Economic Opportunity and other statutorily
required agencies.
CONSIDERATIONS:
· Chapter 163, F.S., provides for an amendment process for a local government’s adopted
Comprehensive Plan.
· County Resolution No. 12-234 provides for a public petition process to amend the GMP.
· The Collier County Planning Commission (CCPC), sitting as the “local planning agency” under
Chapter 163.3184(4), Part II, Florida Statutes, held their Transmittal hearing for this petition on
January 16, 2020. The Board held its Transmittal hearing on February 25, 2020. Their respective
transmittal recommendations/actions are contained in the CCPC Adoption Hearing Staff Report.
· In accordance with Chapter 163.3184(4), Part II, Florida Statutes, pertaining to the State
Coordinated Review Process, the Transmittal package was provided to the Florida Department of
Economic Opportunity (DEO) and other reviewing agencies on March 9, 2020.
· After review of the Transmitted amendment within each reviewing agency’s authorized scope of
review, the DEO rendered its Comment Letter indicating “no comment,” as did the Florida
Department of Environmental Protection (DEP). The Comment Letters received were located
within materials provided to the CCPC and are contained in Board back-up materials. The
remaining reviewing agencies did not provide comments.
· The CCPC held its Adoption Hearing on July 2, 2020. The staff and CCPC Adoption Hearing
recommendations are presented further below.
· This Adoption Hearing considers a text amendment to the Future Land Use Element (FLUE).
This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically
amending the Future Land Use Element (FLUE) by extending the effective date of the Transfer of
Development Rights (TDR) Early Entry bonus to September 27, 2022. This is a text amendment only;
there is no map change proposed for this amendment. The extension of this date is intended to further
incentivize participation in the TDR program.
The proposed amended text, as recommended by the Collier County Planning Commission (CCPC), is
depicted in Ordinance Exhibit “A.”
The complete staff analysis of this petition is provided in the CCPC Staff Report. No public speakers
addressed the CCPC in the Adoption public hearing.
FISCAL IMPACT: The fiscal impacts to Collier County resulting from this amendment are for staff
time to prepare the amendment and costs for the associated legal advertising/public notice for the public
hearings.
GROWTH MANAGEMENT IMPACT: This is an Adoption public hearing for an amendment to the
17.C
Packet Pg. 3201
09/08/2020
GMP. After Adoption, the DEO and other applicable review agencies will have 30 days (from the date
DEO determines the Adoption package is complete) to review the adopted Plan amendment and, if the
amendment is found not to be in compliance with statutory provisions, file a challenge [appeal] with the
Florida Division of Administrative hearings. Similarly, any affected party also has 30 days (from the date
of Board Adoption) in which to file a challenge. If a timely challenge is not filed by DEO or an affected
party, then the amendment will become effective.
LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by,
and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community
Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the
following criteria in making its decision: “plan amendments shall be based on relevant and appropriate
data and an analysis by the local government that may include but not be limited to, surveys, studies,
community goals and vision, and other data available at the time of Adoption of the plan amendment. To
be based on data means to react to it in an appropriate way and to the extent necessary, indicated by the
data available on that particular subject at the time of Adoption of the plan or plan amendment at issue.”
163.3177(1)(f), F.S. In addition, s. 163.3177(6)(a)2, F.S. provides that FLUE plan amendments shall be
based on surveys, studies and data regarding the area, as applicable including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
nonconforming uses, which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with
s. 333.02.
h. The need to modify land uses and development patterns with antiquated subdivisions.
i. The discouragement of urban sprawl.
j. The need for job creation, capital investment, and economic development that will strengthen and
diversify the community’s economy.
This item is approved as to form and legality. It requires an affirmative vote of four for approval because
this is the Adoption hearing of the GMP amendment. [HFAC]
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That
the CCPC forward petition PL20190002635/CPSP-2019-4 to the Board with a recommendation to adopt
and transmit to the Florida Department of Economic Opportunity.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard this petition at their July 2, 2020 meeting, and voted 5/0 to forward the subject petition to the Board
with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity
and other statutorily required agencies. There were no public speakers at the CCPC meeting, and no
correspondence has been received for this petition.
RECOMMENDATION: To adopt by Ordinance and transmit petition PL20190002635/CPSP-2019-4, to
the Florida Department of Economic Opportunity.
Prepared by: Michele Mosca, AICP, Principal Planner, Community Planning Section, Zoning Division
17.C
Packet Pg. 3202
09/08/2020
ATTACHMENT(S)
1. Staff Report_TDR EE Bonus CCPC Adptn_FNL2 (PDF)
2. Adoption Ordinance - 050520 (PDF)
3. Transmittal Ex_Summary_CPSP-2019-4(PDF)
4. Transmittal Staff Report CPSP-2019-4 _FNL (PDF)
5. Transmittal Resolution 2020-030 (PDF)
6. Pending upload of Advertisement (TXT)
7. Legal Ad - Agenda ID 12849 (PDF)
17.C
Packet Pg. 3203
09/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 12849
Item Summary: Recommendation to approve by Ordinance an extension of the Transfer of
Development Rights Early Entry Bonus Growth Management Plan Amendment to the Collier County
Growth Management Plan, Ordinance 89-05, as amended, and to transmit to the Florida Department of
Economic Opportunity (Adoption Hearing) [PL20190002635/CPSP-2019-4].
Meeting Date: 09/08/2020
Prepared by:
Title: Planner, Senior – Zoning
Name: Marcia R Kendall
08/03/2020 7:31 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
08/03/2020 7:31 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Michele Mosca Additional Reviewer Completed 08/03/2020 11:13 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/03/2020 1:50 PM
Zoning Anita Jenkins Additional Reviewer Completed 08/10/2020 10:05 AM
Growth Management Department James C French Deputy Department Head Review Completed 08/10/2020 3:26 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/18/2020 10:25 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/18/2020 10:46 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/18/2020 1:09 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/18/2020 3:24 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/19/2020 12:32 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2020 12:12 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM
17.C
Packet Pg. 3204
‒ 1 ‒
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION
COMPREHENSIVE PLANNING SECTION
HEARING DATE: July 2, 2020
RE: PETITION PL20190002635/CPSP-2019-4, GROWTH MANAGEMENT
PLAN AMENDMENT FOR TRANSFER OF DEVELOPMENT RIGHTS
EARLY ENTRY BONUS EXTENSION [ADOPTION HEARING]
ELEMENT: FUTURE LAND USE
PROPOSED AMENDMENT
The subject petition is a text only amendment to the Future Land Use Element of the Growth
Management Plan (GMP) to extend the date of applicability of the Rural Fringe Mixed Use District
(RFMUD) Transfer of Development Rights (TDR) Early Entry bonus until September 27, 2022
and is applicable to RFMUD Sending Lands. The extension of this date is intended to further
incentivize participation in the TDR program.
BACKGROUND:
The Board of County Commissioners (Board) adopted GMP amendments in June of 2002 to
establish the RFMUD including the TDR program, those amendments did not become effective
until July 2003 due to a “challenge” to their statutory compliance. At that time, the TDR program
only included the base TDR Credit (1 TDR Credit per 5 acres). In 2005, the GMP was amended
to add three density bonuses to further incentivize owners of Sending Lands to participate in the
TDR program, one of which is the Early Entry bonus. In particular, the Early Entry bonus was
intended as an inducement for landowners to participate in the TDR program sooner than later –
similar to the “early entry participation provision” in the Rural Lands Stewardship Area Overlay
which was adopted in October 2002. The original Early Entry bonus was for a period of three
years (from the date of the implementing Land Development Code amendment) out to 2008 and
has been extended multiple times. The subject amendment is to extend the Early Entry bonus
from September 27, 2018 until September 27, 2022 , as directed by the Board on November 12,
2019. Two letters of support were received to initiate the subject GMP amendment.
Transmittal hearings on the amendment were held on January 16, 2020 by the Collier County
Planning Commission (CCPC) and on February 25, 2020 (Board). The Transmittal
recommendations/actions are presented further below.
Within CCPC materials provided, you will find the Transmittal Executive Summary from the Board
hearing, and the Transmittal CCPC staff report .
17.C.1
Packet Pg. 3205 Attachment: Staff Report_TDR EE Bonus CCPC Adptn_FNL2 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
‒ 2 ‒
In accordance with Chapter 163.3184(3)(b)1., F.S., pertaining to the Expedited State Review
Process, this Transmittal package was provided to the Florida Department of Economic
Opportunity (DEO) and other reviewing agencies on March 9, 2020.
REVIEW AGENCY COMMENT LETTERS
After review of the Transmitted amendment within each reviewing agency’s authorized scope of
review, the DEO [who assigned review no. 20-02ESR] and the Florida Department of
Environmental Protection (DEP) rendered their comment letters indicating “no comment” or “no
adverse impacts found.” The Comments Letters/emails received are located within materials
provided to the CCPC. The remaining reviewing agencies did not provide a Comment Letter.
Within CCPC materials provided is an Ordinance with Exhibit “A”; this exhibit reflects the text as
approved by the Board for Transmittal.
TRANSMITTAL
STAFF RECOMMENDATION: Transmit to DEO.
CCPC RECOMMENDATION: Transmit to DEO (vote: 7/0).
BOARD ACTION: Transmit to DEO (vote: 5/0).
ADOPTION
After Transmittal Hearings, staff added text to the GMPA adoption Ordinance to provide for the
extension of the TDR Early Entry Bonus date, by Resolution of the Board of County
Commissioners, to make consistent with the TDR Early Entry Bonus provisions of the Land
Development Code.
STAFF RECOMMENDATION
That the CCPC forward the petition to the Board with a recommendation to adopt and transmit,
as revised, to the Florida Department of Economic Opportunity and review agencies that provided
comments.
LEGAL REVIEW
This Staff Report was reviewed by the County Attorney’s Office on June 9, 2020. The criteria for GMP
amendments to the Future Land Use Element are in Sections 163.3177(1)(f) and 163.3177(6)(a)2, Florida
Statutes.
[Remainder of page intentionally left blank]
17.C.1
Packet Pg. 3206 Attachment: Staff Report_TDR EE Bonus CCPC Adptn_FNL2 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
PREPAREO BY:
DATE, I IZ ?L
iUICHELE
COMPRE
R. MOSCA, AICP PRINCIPAL PLANNER
HENSIVE PLANNING SECTION. ZONING DIVISION
REVIEWED BY:
DATE
AN JENKINS. AIC MUNITY PLANNING MANAGER
COMPREHENSIVE PLANNING SECTION. ZONING DIVISION
APPROVED BY:
DATE 6-,r/_2t2o
JAMES FRENCH. DEPUTY DEPARTMENT HEAD
GROWTH MANAGEMENT DEPARTMENT
Petition Number: P120190002635/CPSP-20194
Staff Report for J uly 2. 2020 CPCC meeting.
NorE: This petition has been tentatively scheduled for the september 22,2o2o BCC meeting.
CCPC Sbmpr CPSP-2019-4
Gjtr-nES Planning SeNirs\compch€nsrve\comp Phnning GMP DATA\coop Phn Amendmenb\2o19 GMpAs oubde ol cyct6\p120190002635-cpsp-2019-4 EE ToR BonljslCCPC E BCC Adoptbn
-3-
/t''''22
17.C.1
Packet Pg. 3207 Attachment: Staff Report_TDR EE Bonus CCPC Adptn_FNL2 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
[19-CMP-01068/1538813/1]52
PL20190002635
5/5/20 Words underlined are additions; words struck through are deletions.
*** *** *** *** are a break in text
1 of 3
ORDINANCE NO. 20 - _______
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS AMENDING THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS
AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND
USE ELEMENT TO EXTEND THE AVAILABILITY OF THE
EARLY ENTRY TRANSFER OF DEVELOPMENT RIGHTS BONUS
FOR PROPERTY WITHIN THE RURAL FRINGE MIXED USE
DISTRICT-SENDING LANDS, AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY.
[PL20190002635]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, Collier County staff has initiated this amendment to the Future Land Use
element; and
WHEREAS, Collier County transmitted the Growth Management Plan amendments to
the Department of Economic Opportunity for preliminary review on March 9, 2020, after public
hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendments to the
Future Land Use Element to the Growth Management Plan and transmitted its comments in
writing to Collier County within the time provided by law; and
WHEREAS, Collier County, has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendments to the Growth Management Plan; and
CAO
17.C.2
Packet Pg. 3208 Attachment: Adoption Ordinance - 050520 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
[19-CMP-01068/1538813/1]52
PL20190002635
5/5/20 Words underlined are additions; words struck through are deletions.
*** *** *** *** are a break in text
2 of 3
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of these amendments, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendments and
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on ____________, 2020, and the
Collier County Board of County Commissioners held on ____________, 2020; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT
PLAN
The amendments to the Future Land Use Element attached hereto as Exhibit “A” and
incorporated herein by reference, are hereby adopted in accordance with Section 163.3184,
Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
CAO
17.C.2
Packet Pg. 3209 Attachment: Adoption Ordinance - 050520 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
[19-CMP-01068/1538813/1]52
PL20190002635
5/5/20 Words underlined are additions; words struck through are deletions.
*** *** *** *** are a break in text
3 of 3
PASSED AND DULY ADOPTED by supermajority vote this _____ day of
_____________, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
__________________________ BY: ______________________________
Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
________________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A – Text Amendment
HFAC
5-5-20
CAO
17.C.2
Packet Pg. 3210 Attachment: Adoption Ordinance - 050520 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
Page 1 of 1
EXHIBIT “A”
FUTURE LAND USE ELEMENT
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
*** *** *** *** *** *** *** *** *** *** *** *** ***
I.URBAN DESIGNATION
*** *** *** *** *** *** *** *** *** *** *** *** ***
II.AGRICULTURAL/RURAL DESIGNATION
*** *** *** *** *** *** *** *** *** *** *** *** ***
A.Agricultural/Rural Mixed Use District
*** *** *** *** *** *** *** *** *** *** *** *** ***
B.Rural Fringe Mixed Use District
*** *** *** *** *** *** *** *** *** *** *** *** ***
1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving
Designations:
*** *** *** *** *** *** *** *** *** *** *** *** ***
A)Receiving Lands:
*** *** *** *** *** *** *** *** *** *** *** *** ***
B)Neutral Lands:
*** *** *** *** *** *** *** *** *** *** *** *** ***
C)Sending Lands:
*** *** *** *** *** *** *** *** *** *** *** *** ***
1. Sending Lands are located entirely within the Rural Fringe Mixed Use …
*** *** *** *** *** *** *** *** *** *** *** *** ***
2.Base Severance Rate:
*** *** *** *** *** *** *** *** *** *** *** *** ***
3. Conditions Applicable to Base and Bonus TDR Credits:
*** *** *** *** *** *** *** *** *** *** *** *** ***
4. Environmental Restoration and Maintenance TDR Bonus:
*** *** *** *** *** *** *** *** *** *** *** *** ***
5.Conveyance TDR Bonus:
*** *** *** *** *** *** *** *** *** *** *** *** ***
6. Early Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the
form of an additional one TDR Credit for each base TDR Credit severed from
Sending Lands from March 5, 2004 until September 27, 2022 2018, unless
further extended by resolution by the Board of County Commissioners. Early
Entry TDR Bonus Credits may be used after the termination of the bonus
period.
*** *** *** *** *** *** *** *** *** *** *** *** ***
CAO
17.C.2
Packet Pg. 3211 Attachment: Adoption Ordinance - 050520 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
CPSP-2019-4 Early Entry TDR bonus Ext GMP Amendment Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve a Growth Management Plan Amendment for transmittal to the
Florida Department of Economic Opportunity for review and Comments response for an
amendment to extend the Transfer of Development Rights Early Entry bonus. (Transmittal
Hearing) PL20190002635/CPSP-2019-4
OBJECTIVE: For the Board to approve an amendment to the Collier County Growth
Management Plan (GMP), pertaining to the Transfer of Development Rights program, for
transmittal to the Florida Department of Economic Opportunity and other statutorily required
agencies.
CONSIDERATIONS:
• Chapter 163, F.S., provides for an amendment process for a local government’s adopted
Comprehensive Plan.
• Collier County Resolution No. 12-234 provides for a public petition process to amend the
GMP.
• The Collier County Planning Commission (CCPC), sitting as the “local planning agency”
under Chapter 163.3174, F.S., held their Transmittal hearing for this petition on January
16, 2020 (petition PL20190002635/CPSP-2019-4).
• This Transmittal hearing considers an amendment to the Future Land Use Element (FLUE).
This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically
amending the Future Land Use Element (FLUE) by extending the effective date of the Transfer of
Development Rights (TDR) Early Entry bonus to September 27, 2022. This is a text amendment
only, there is no map change proposed for this amendment. The extension of this date is intended
to further incentivize participation in the TDR program.
The proposed amended Subdistrict text, as recommended by the Collier County Planning
Commission (CCPC), is depicted in Ordinance Exhibit “A.”
The complete staff analysis of this petition is provided in the CCPC Staff Report.
FISCAL IMPACT: The fiscal impacts to Collier County resulting from this amendment are for
staff time to prepare the amendment and costs for the associated legal advertising/public notice for
the public hearings.
GROWTH MANAGEMENT IMPACT: Approval of the proposed amendment by the Board
for Transmittal and its submission to the Florida Department of Economic Opportunity and other
statutorily required agencies will commence the Department’s thirty (30) day review process and
ultimately return the amendment to the CCPC and the Board for Adoption hearings tentatively to
be held in the Spring/Summer of 2020.
LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized
by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The
17.C.3
Packet Pg. 3212 Attachment: Transmittal Ex_Summary_CPSP-2019-4 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
CPSP-2019-4 Early Entry TDR bonus Ext GMP Amendment Page 2 of 4
Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board
should consider the following criteria in making its decision:
Section 163.3177(1)(f): All mandatory and optional elements of the comprehensive plan and
plan amendments shall be based upon relevant and appropriate data and an analysis by the local
government that may include, but not be limited to, surveys, studies, community goals and vision,
and other data available at the time of adoption of the comprehensive plan or plan amendment. To
be based on data means to react to it in an appropriate way and to the extent necessary indicated
by the data available on that particular subject at the time of adoption of the plan or plan
amendment at issue.
1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not
be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such
studies, surveys, data, and supporting documents for proposed plans and plan amendments
shall be made available for public inspection, and copies of such plans shall be made available
to the public upon payment of reasonable charges for reproduction. Support data or summaries
are not subject to the compliance review process, but the comprehensive plan must be clearly
based on appropriate data. Support data or summaries may be used to aid in the determination
of compliance and consistency.
2. Data must be taken from professionally accepted sources. The application of a
methodology utilized in data collection or whether a particular methodology is professionally
accepted may be evaluated. However, the evaluation may not include whether one accepted
methodology is better than another. Original data collection by local governments is not
required. However, local governments may use original data so long as methodologies are
professionally accepted.
3. The comprehensive plan shall be based upon permanent and seasonal population estimates
and projections, which shall either be those published by the Office of Economic and
Demographic Research or generated by the local government based upon a professionally
acceptable methodology. The plan must be based on at least the minimum amount of land
required to accommodate the medium projections as published by the Office of Economic and
Demographic Research for at least a 10-year planning period unless otherwise limited under s.
380.05, including related rules of the Administration Commission. Absent physical limitations
on population growth, population projections for each municipality, and the unincorporated
area within a county must, at a minimum, be reflective of each area’s proportional share of the
total county population and the total county population growth.
Section 163.3177(6)(a) 2. The future land use plan and plan amendments shall be based upon
surveys, studies, and data regarding the area, as applicable, including:
(a) The amount of land required to accommodate anticipated growth.
(b) The projected permanent and seasonal population of the area.
(c) The character of undeveloped land.
17.C.3
Packet Pg. 3213 Attachment: Transmittal Ex_Summary_CPSP-2019-4 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
CPSP-2019-4 Early Entry TDR bonus Ext GMP Amendment Page 3 of 4
(d) The availability of water supplies, public facilities, and services.
(e) The need for redevelopment, including the renewal of blighted areas and the elimination
of nonconforming uses which are inconsistent with the character of the community.
(f) The compatibility of uses on lands adjacent to or closely proximate to military
installations.
(g) The compatibility of uses on lands adjacent to an airport as defined in s.330.35 and
consistent with s. 333.02.
(h) The discouragement of urban sprawl.
(i) The need for job creation, capital investment, and economic development that will
strengthen and diversify the community’s economy.
(j) The need to modify land uses and development patterns within antiquated subdivisions.
Section 163.3177(1)(f), FS. In addition, Section 163.3177(6)(a)2, FS provides that FLUE plan
amendments shall be based on surveys, studies and data regarding the area, as applicable
including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the
elimination of non-conforming uses which are inconsistent with the character of the
community.
f. The compatibility of uses on lands adjacent to or closely proximate to military
installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
consistent with s. 333.02.
h. The need to modify land uses and development patterns with antiquated subdivisions.
i. The discouragement of urban sprawl.
j. The need for job creation, capital investment and economic development that will
strengthen and diversify the community’s economy.
This item is approved as to form and legality. It requires a majority vote for approval because
this is a transmittal hearing. [HFAC]
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING
COMMISSION: That the CCPC forward petition PL20190002635/CPSP-2019-4 to the Board
with a recommendation of approval.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The
CCPC heard this petition at their January 16, 2020 meeting and voted 7/0 to forward the subject
petition to the Board with a recommendation to approve for transmittal to the Florida Department
17.C.3
Packet Pg. 3214 Attachment: Transmittal Ex_Summary_CPSP-2019-4 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
CPSP-2019-4 Early Entry TDR bonus Ext GMP Amendment Page 4 of 4
of Economic Opportunity and other statutorily required agencies. There were no public speakers
at the CCPC meeting and no correspondence has been received for this petition.
STAFF RECOMMENDATION TO THE COLLIER COUNTY BOARD OF COUNTY
COMMISSION: That the BCC approve petition PL20190002635/CPSP-2019-4 for transmittal
to the Florida Department of Economic Opportunity, and other statutorily required agencies, for
review.
Prepared by: David Weeks, AICP, Growth Management Manager, Comprehensive Planning
Section, Zoning Division
17.C.3
Packet Pg. 3215 Attachment: Transmittal Ex_Summary_CPSP-2019-4 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
PL20190002635/CPSP-2019-4
1
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: January 16, 2019
RE: PETITION PL20190002635/CPSP-2019-4, GROWTH MANAGEMENT
PLAN AMENDMENT FOR TRANSFER OF DEVELOPMENT RIGHTS
EARLY ENTRY BONUS EXTENSION [TRANSMITTAL HEARING]
AGENT/APPLICANT
Growth Management Department, Zoning Division, Collier County Government
2800 North Horseshoe Drive, Naples, FL 34104
GEOGRAPHIC LOCATION:
The subject Growth Management Plan (GMP) amendment is a text amendment only and is
applicable to Rural Fringe Mixed Use District (RFMUD) Sending Lands (depicted in orange color
on the excerpt from the countywide Future Land Use Map on the next page).
REQUESTED ACTION:
The applicant proposes a large-scale GMP amendment to the Future Land Use Element (FLUE)
to extend the date of applicability of the RFMUD Transfer of Development Rights (TDR) Early
Entry bonus until September 27, 2022.
The proposed amended text is depicted on Resolution Exhibit A.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is requesting this change to facilitate participation in the RFMUD TDR program.
BACKGROUND AND ANALYSIS:
The Board of County Commissioners (BCC) adopted GMP amendments in June of 2002 to
establish the RFMUD including the TDR program (those amendments did not become effective
until July 2003 due to a “challenge” to their statutory compliance). At that time, the T DR program
only included the base TDR Credit (1 TDR Credit per 5 acres). In 2005, the GMP was amended
to add three density bonuses to further incentivize owners of Sending Lands to participate in the
TDR program, one of which is the Early Entry bonus. In particular, the Early Entry bonus was
intended as an inducement for land owners to participate in the TDR program sooner than later –
similar to the “early entry participation provision” in the Rural Lands Stewardship Area Overlay
which was adopted in October 2002. The original Early Entry bonus was for a period of three
years (from the date of the implementing Land Development Code amendment) out to 2008 and
has been extended multiple times. The subject amendment is to extend the Early Entry bonus
17.C.4
Packet Pg. 3216 Attachment: Transmittal Staff Report CPSP-2019-4 _FNL (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
PL20190002635/CPSP-2019-4
2
from September 27, 2018 until September 27, 2022 (as directed by the Board of County
Commissioners on November 12, 2019). Prior to that time, the RFMUD Restudy-based GMP
amendments should be completed, which may or may not include changes to this Early Entry
bonus provision. [Note: Two letters of support were received for the staff request to the Board in
November 2019 seeking direction to initiate the subject GMP amendment.]
Assuming this GMP amendment is approved for transmittal to the statutorily required review
agencies, it will return to the CCPC and BCC for Adoption hearings.
NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES:
As this is not a site-specific GMP amendment, a Neighborhood Information Meeting (NIM) is not
required by LDC Section 10.03.05 F.
LEGAL CONSIDERATIONS:
This Staff Report was reviewed by the County Attorney’s Office on December 16, 2019. The
criteria for GMP amendments to the Future Land Use Element are in Sections 163.3177(1)(f) and
163.3177(6)(a)2, Florida Statutes. [HFAC]
17.C.4
Packet Pg. 3217 Attachment: Transmittal Staff Report CPSP-2019-4 _FNL (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
PL20190002635/CPSP-2019-4
3
CCPC StaffRpt CPSP-2019-4
G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2019 GMPAs Outside of Cycles\PL20190002635_CPSP-2019-
4 EE TDR Bonus\CCPC & BCC Transmittal dw/12-5-19
17.C.4
Packet Pg. 3218 Attachment: Transmittal Staff Report CPSP-2019-4 _FNL (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
RESOLUTION NO. 2020- 36
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENT TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, SPECIFICALLY
AMENDING THE FUTURE LAND USE ELEMENT TO
EXTEND THE AVAILABILITY OF THE EARLY ENTRY
TRANSFER OF DEVELOPMENT RIGHTS BONUS FOR
PROPERTY WITHIN THE RURAL FRINGE MIXED USE
DISTRICT-SENDING LANDS, AND FURTHERMORE
RECOMMENDING TRANSMITTAL OF THE AMENDMENT
TO THE FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY. [PL20190002635]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act,
was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, staff prepared an amendment to the Future Land Use Element; and
WHEREAS, on January 16, 2020, the Collier County Planning Commission considered
the proposed amendment to the Growth Management Plan pursuant to the authority granted to it
by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of
County Commissioners; and
WHEREAS, on February 25, 2020, the Board of County Commissioners at a public
hearing approved the transmittal of the proposed amendment to the state land planning agency in
accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Economic Opportunity (DEO) have
thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier
County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and
WHEREAS, Collier County, upon receipt of the written comments from DEO must
adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
19-CMP-01068/1525044/1]35
2/25/20 Page 1 of 2
Words underlined are additions,words struck through are deletions.
17.C.5
Packet Pg. 3219 Attachment: Transmittal Resolution 2020-030 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the
purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment
prior to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote th•is a 5
day of.Fe.b r l t,Lr y, 2020.
1 1 {ATTES,T: BOARD OF COUNTY COMMISSIONERS
ex 0°4CRYS1I . KINZEL, CLERK COLLIE OUNTY, FLO DA
s,
BY:
dW4IDA , ;' °'°1,4•1,
u erk BURT L. SAUNDERS, Chairman
signature on y.
Approved as to form and legality:
10tt A Jo
Hei i Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit A—Proposed Text Amendment
19-CMP-01068/1525044/1]35
2/25/20 Page 2 of 2
Words underlined are additions,words struck through are deletions.
17.C.5
Packet Pg. 3220 Attachment: Transmittal Resolution 2020-030 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
EXHIBIT "A"
FUTURE LAND USE ELEMENT
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
I. URBAN DESIGNATION
II. AGRICULTURAL/RURAL DESIGNATION
A. Agricultural/Rural Mixed Use District
B. Rural Fringe Mixed Use District
1. Transfer of Development Rights (TDR), and Sending,Neutral, and Receiving
Designations:
A) Receiving Lands:
B) Neutral Lands:
C) Sending Lands:
1. Sending Lands are located entirely within the Rural Fringe Mixed Use ...
2. Base Severance Rate:
3. Conditions Applicable to Base and Bonus TDR Credits:
4. Environmental Restoration and Maintenance TDR Bonus:
5. Conveyance TDR Bonus:
6. Early Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the
form of an additional one TDR Credit for each base TDR Credit severed from
Sending Lands from March 5, 2004 until September 27, 2022 284-8. Early
Entry TDR Bonus Credits may be used after the termination of the bonus
period.
Page 1 of 1
17.C.5
Packet Pg. 3221 Attachment: Transmittal Resolution 2020-030 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
Pending upload of Advertisement
17.C.6
Packet Pg. 3222 Attachment: Pending upload of Advertisement (12849 : TDR Early Entry Bonus Extension GMPA Adoption)
17.C.7Packet Pg. 3223Attachment: Legal Ad - Agenda ID 12849 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)