Agenda 04/12/2022 Item # 9A (Ordinance Amending GMP - PL20200002234)
Proposed Agenda Changes
Board of County Commissioners Meeting
April 12, 2022
Continue item 9A to the April 26, 2022 BCC Meeting: *** This item to be heard no
sooner than 1:00 pm. *** *** This item was continued from the March 22, 2022 BCC
Meeting Agenda. *** A Resolution of the Board of County Commissioners proposing
amendments to the Collier County Growth Management Plan, Ordinance 89-05, as
amended, relating to the Rural Fringe Mixed Use District Restudy and specifically
amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict and
the Rural Fringe Mixed Use District of the Future Land Use Element to require
Transfer of Development Rights for Comprehensive Plan amendments for increased
residential density; amending the Urban Mixed Use District, Urban Residential
Fringe Subdistrict to remove the density bonus cap on residential in-fill and remove
the requirement to use Transfer of Development Rights within one mile of the Urban
boundary; and amending the Rural Fringe Mixed Use District of the Future Land
Use Element to change development standards and requirements, to increase density
on Receiving Lands located along Immokalee Road, increase density on Receiving
Lands for affordable housing, add Transfer of Development Rights Credits, add uses
in Receiving areas, and add a conditional use for recreation in Sending Lands, and to
amend development standards for Rural Villages; and create the Belle Meade
Hydrologic Enhancement Overlay; and furthermore directing transmittal of the
amendments to the Florida Department of Economic Opportunity. [PL20200002234]
(District 1, District 3, District 5) (Staff’s request)
Continue item 16C3 to the April 26, 2022 BCC Meeting: Recommendation to accept a donation from the
Freedom Memorial Foundation of Naples, Florida Inc., for the remaining 23 state stones and a plaque, and
to be installed at the Freedom Memorial site. (District 4) (Commissioner Taylor’s request)
Continue item 16F2 to the April 26, 2022 BCC Meeting: Recommendation to approve the change of the
Tourism Development Tax Grant deadline from April 12, 2022 to April 29, 2022 at 5 pm. (All Districts)
(Commissioner Taylor’s request)
Note:
Time Certain Items:
Item 13A to be heard at 10:00 AM or immediately following the Court Reporter Break – Presentation of
the Comprehensive Annual Financial Report (CAFR) for FY21.
Item 12B to be heard at 10:30 AM – Special Magistrate submittals.
4/13/2022 11:21 AM
04/12/2022
EXECUTIVE SUMMARY
A Resolution of the Board of County Commissioners proposing amendments to the Collier County
Growth Management Plan, Ordinance 89-05, as amended, relating to the Rural Fringe Mixed Use
District Restudy and specifically amending the Urban Mixed Use District, Urban Residential Fringe
Subdistrict and the Rural Fringe Mixed Use District of the Future Land Use Element to require
Transfer of Development Rights for Comprehensive Plan amendments for increased residential
density; amending the Urban Mixed Use District, Urban Residential Fringe Subdistrict to remove
the density bonus cap on residential in-fill and remove the requirement to use Transfer of
Development Rights within one mile of the Urban boundary; and amending the Rural Fringe
Mixed Use District of the Future Land Use Element to change development standards and
requirements, to increase density on Receiving Lands located along Immokalee Road, increase
density on Receiving Lands for affordable housing, add Transfer of Development Rights Credits,
add uses in Receiving areas, and add a conditional use for recreation in Sending Lands, and to
amend development standards for Rural Villages; and create the Belle Meade Hydrologic
Enhancement Overlay; and furthermore directing transmittal of the amendments to the Florida
Department of Economic Opportunity. [PL20200002234]
OBJECTIVE: For the Board of County Commissioners (Board) to review and consider approving the
proposed amendments to the Rural Fringe Mixed Use District (RFMUD) for transmittal to the
Department of Economic Opportunity (DEO) and other statutorily required review agencies.
CONSIDERATIONS: On February 10, 2015, the Board directed staff to initiate the RFMUD restudy.
The restudy focus areas included complementary land uses, economic vitality, transportation and
mobility, and environmental stewardship, all through a public outreach effort.
The Board appointed an ad hoc advisory committee, the Growth Management Oversight Committee
(GMOC), to assist in directing the public engagement process of the RFMUD restudy. The Board directed
that staff, rather than the appointed committee, provide recommendations to the Board for regulatory
changes. The RFMUD public outreach effort included six (6) public workshops, and meetings with
stakeholders, who provided valuable input and analysis. The evaluation of community input received
through the restudy workshops reinforces and supports the amendments to improve the Transfer of
Development Rights (TDR) Program and achieve the overriding RFMUD goals.
The RFMUD restudy public outreach and staff assessment resulted in the RFMUD White Paper . The
White Paper provides the framework for the restudy effort conducted by staff and serves to further inform
the Board and the public on these efforts. The RFMUD White Paper resulted in recommendations for
improving the RFMUD and TDR Program by further protecting the environment, conserving agricultural
lands, addressing development characteristics, and establishing new development standards.
On January 3, 2017, the RFMUD White Paper was presented to the Board. At that public workshop, staff
discussed increasing residential density on Receiving Lands within Rural Villages and outside of Rural
Villages; a TDR Bank as a catalyst for the TDR Program; and donations of Sending Lands when no
governmental agency accepts the donation. The Board directed staff to discontinue the consideration of a
TDR Bank; provide additional data and analysis for Receiving Lands development patterns; and provide
information on Sending Lands donations for future Board direction.
At the second RFMUD public workshop on May 11, 2017, staff presented to the Board various
development scenarios, including density ranges, housing diversity, mobility options, and opportunities
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for economic development. The Board directed staff to provide additional information on agricultural
uses, TDR bank alternatives, and costs for conservation land management.
At the final RFMUD workshop on June 20, 2017, staff presented to the Board the following amendme nts
and concepts for Board direction: 1) promote economic vitality by allowing business park/employment
center outside of the Rural Villages; 2) remove the maximum acreage and leasable floor area limitations
for the Village Center and Research and Technology Park within a Rural Village; 3) modify TDR
requirements for multi-family from 1 TDR to 0.75 TDRs per unit and eliminate the TDR requirement for
defined affordable housing; 4) eliminate the minimum $25,000 price for the Base TDR; 5) provide
additional TDR credits to Sending Lands owners, and where possible, apportion equally to all owners
regardless of location; 6) allow TDRs for bona fide agricultural operations on Sending Lands; 7) allow
landowners who have not conveyed their properties to participate in applicable program changes; 8)
expand concept of donation when approved by the BCC; 9) adopt standard whereby County agrees to take
title of land donated by Sending Lands owners where no public agency will take the land; and, 10) allow
TDRs for agriculture and conservation uses when secured by perpetual easements on Receiving and
Neutral Lands.
The purpose of this petition is to bring forward those RFMUD Growth Management Plan amendments
directed by the Board at their June 20, 2017 workshop (Attachment E) and further directed at their
September 25, 2018 Board meeting (Attachment F), which staff recommends.
Note: The proposed amendments do not include changes to the existing density provisions for non-Rural
Village and Rural Village development in the North Belle Meade (NBM) and Belle Meade Receiving
Areas; and do not increase the number of Rural Villages allowed in these areas. Staff is proposing a
comprehensive study of the NBM and Belle Meade Receiving areas as part of these amendments (refer to
Resolution Exhibit A, page 23, paragraph H). The study will address sustainable long-term growth by
developing a coordinated approach to infrastructure planning, establishing appropriate density and
intensity of uses, addressing economic diversity, and providing opportunities for greater environmental
protection. There are infrastructure constraints in this area, notably, limited transportation network. The
study will address the mixture of land uses adequate to result in a sufficient internal capture rate. T he
staff team agreed that a comprehensive planning effort in the Belle Meade area is essential to achieving
and furthering the goals of the RFMUD and TDR Program.
SUMMARY OF PROPOSED CHANGES TO THE RFMUD:
The below summary of RFMUD proposed amendments represent recommendations of County staff to the
CCPC. The recommendations include strategies to promote economic vitality, incentivize greater
protection of agriculture and natural resources, and provide for complementary land uses. The
amendments are intended to create incentives to encourage increased participation in the Rural Fringe
Mixed Use District and Transfer of Development Rights Program.
Sending Lands
1. Provide additional TDR credits to Sending owners. Where possible, additional TDR credits should be
apportioned equally to all Sending owners regardless of location or property attributes.
2. Make TDR credits available to Sending owners with existing agricultural uses. In Natural Resource
Protection Area (NRPA) locations, only existing passive agricultural operations, excluding
aquaculture, would qualify. Passive agricultural uses may be considered for Restoration and
Maintenance TDRs through an approved Restoration and Maintenance Plan. [For NRPA locations,
see attached countywide Future Land Use Map (FLUM)]
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3. Allow landowners who have generated TDRs but have not conveyed their land to participate in any
applicable program changes.
4. Replace the reference to Early Entry Bonus TDRs and provide 2 TDRs for base severance of dwelling
unit rights, subject to any additional credits assigned.
5. Provide for Board approval to convey land to a not-for-profit entity or land trust by gift.
6. Government entities, other than the State of Florida, with lands designated North Belle Meade
Overlay (NBMO) may qualify for conditional use approval for expanded recreational uses, if
compatible with environmental goals. [For NBMO location, see attached countywide FLUM]
7. Allow landowners with large Sending Lands parcels to cluster dwelling units, retaining the o ne unit
per 40-acre standard.
8. Implementation of the Comprehensive Watershed Improvement Plan initiative for the Belle Meade
Hydrologic Enhancement Overlay (by adding two bonus TDRs for owners of Sending Lands
participating in this initiative).
Neutral Lands:
1. Allow TDR credits for existing agriculture and conservation uses where the uses are secured by
perpetual easements.
2. Remove the 40-acre minimum project size for clustered development.
Receiving Lands:
1. Within a Village, remove the maximum acres and leasable floor area limitation of the Village Center
and the Research and Technology Park.
2. Allow TDRs to be generated from Receiving Lands for existing agriculture preservation, or native
vegetation and habitat protection beyond minimum requirements.
3. Provide new measures for mixed-use standards, consistent with the RLSA provisions for SRAs -
Stewardship Receiving Areas.
4. Development over 300 acres shall use the Rural Village provisions.
5. Allow for affordable workforce housing projects outside of a Rural Village (stand-alone) and allow at
a higher density.
6. Incentivize affordable workforce housing projects by allowing a commercial component to the
development.
Urban Designation:
1. Eliminate the one-mile boundary from which TDRs must be derived for Urban Residential Fringe
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Subdistrict. [For Urban Residential Fringe location, see attached countywide FLUM]
2. Eliminate the requirement to purchase TDRs when utilizing the Urban Residential Infill density bonus
provision.
3. Increase TDR demand by adding requirement that any GMP amendment that proposes a density
increase in the Urban Mixed-Use District or RFMUD must utilize TDR credits to achieve that density
increase.
Growth Management Plan Amendments (GMPA) - Alternatives to Board Directed GMPAs
1. Density in Receiving Lands outside of Rural Villages - the Board directed an increase from a
maximum of 1 dwelling unit per acre to 2 dwelling units per acre for all lands. Staff recommends this
density increase only for the two Receiving Lands area along Immokalee Road due to road capacity
and other potential infrastructure concerns.
2. Density in Rural Villages (RV) - Staff recommends density in RV remain at 2-3 dwelling units per
acre, but to further study the Belle Meade and North Belle Meade Receiving Lands to determine if
adequate infrastructure may be available to accommodate greater density in those two areas.
3. Promote economic vitality outside of Rural Villages by allowing Business and Industrial uses as
identified as Florida Qualified Target Industries.
4. Size of Rural Village: Staff recommends retaining the maximum size of the RV to allow for further
study, including infrastructure needs, maximum density, employment opportunities, and design
parameters.
5. Rural Village Greenbelt - Staff recommends reducing the greenbelt width, not eliminate, to provide
for the transition of uses and maintain rural character.
FISCAL IMPACT: The costs associated with processing and advertising the proposed GMP amendment
has been allocated within the approved budget for the Zoning Division. Therefore, no fiscal impacts to
Collier County result from the transmittal of this amendment.
GROWTH MANAGEMENT IMPACT: Approval of the proposed amendment by the Board for
transmittal to the Florida Department of Economic Opportunity and other statutorily required review
agencies will commence the Department’s thirty (30) day review process and ultimately return the
amendments to the CCPC and the Board for Adoption hearings.
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That
the Collier County Planning Commission, acting as the Land Planning Agency and the Environmental
Advisory Council, forward the proposed Rural Fringe Mixed Use District Growth Management Plan
amendments to the Board of County Commissioners with a recommendation to Transmit to the Florida
Department of Economic Opportunity and other statutorily required review agencies.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
reviewed and discussed the proposed RFMUD amendments at their May 20, 2021, meeting. There were
two (2) registered speakers. The first speaker spoke about including “public benefit” within the GMPA
provision that requires TDRs be used to increase density; changing the time frame for the Belle Meade
area study from two (2) years to one (1) year; allowing two (2) dwelling units per acre outside of Rural
Villages for all Receiving Lands; eliminate the requirement to develop a Rural Village for parcels >300
acres; deferring agricultural TDR bonus for further study as part of the Belle Meade area study; allowing
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the expansion of industrial uses along Tamiami Trail East (US 41), specifically in the area of the existing
Rural Industrial designation; and increasing the environmental restoration bonus. The second speaker
discussed the need for additional TDRs for Sending Lands owners; opposed possibility of another study
for the Belle Meade area; and generally discussed the need for additional TDR supply and demand.
The CCPC recommended that the Board approve the RFMUD amendments for transmittal, with the
following modifications: remove the limitation on required TDR utilization for Growth Management Plan
amendments that propose to increase density for projects that have a “public benefit”; defer
recommendation that requires parcels >300-acres in size to develop as a Rural Village and
recommendation for creation of an Agricultural TDR Credit at 1 unit per 5 acres with required perpetual
easement in Sending, Receiving and Neutral Lands for consideration during the North Belle Meade and
Belle Meade area study; and, move up the staff requested initiation of the North Belle Meade and Belle
Meade area study from 2 years to 1 year. (vote: 5/0)
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
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.
And FLUE map amendments shall also be based upon the following analysis per Section
163.3177(6)(a)8.:
a. An analysis of the availability of facilities and services.
b. An analysis of the suitability of the plan amendment for its proposed use considering the
character of the undeveloped land, soils, topography, natural resources, and historic
resources on site.
c. An analysis of the minimum amount of land needed to achieve the goals and requirements of
this section.
This item is approved as to form and legality and requires a majority vote for Board approval because this
is a Transmittal hearing. [HFAC]
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RECOMMENDATION: To approve the proposed Rural Fringe Mixed Use District amendments for
transmittal to the DEO and other statutorily required agencies, as recommended by the CCPC and with
minor edits for clarity.
Prepared by: Michele Mosca, AICP, Principal Planner, Zoning Division
ATTACHMENT(S)
1. [Linked] 00.1Transcript CCPC_05-20-21 (PDF)
2. Resolution & Exhibit-A- 021622 (PDF)
3. 01. CCPC Staff Report RFMUD Transmittal.FINAL (PDF)
4. [Linked] 02. RFMUD White Paper (PDF)
5. [Linked] 03. RFMUD White Paper, Appendix A Public Outreach document (PDF)
6. [Linked] 04. RFMUD White Paper, Appendix B Mitigation Feasibility Study (Rev July 2016)
(PDF)
7. 05. RFMUD White Paper, Appendix C TDR Bank Capitalization Report (PDF)
8. 06. RFMUD White Paper, Appendix D TDR Econ Report (PDF)
9. 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop,
dated June 20, 2017 (PDF)
10. 08. Attachment F RFMUD Executive Summary, dated September 25, 2018 (PDF)
11. 09. Attachment G Stakeholder Comments (PDF)
12. 10. Attachment H Countywide FLUM (PDF)
13. 11. Attachment I Belle Meade Hydrologic Enhancement Overlay Maps (PDF)
14. Correspondence-Mulhere (PDF)
15. 12. CCPC Resolution & Exhibit A Text -RFMUD Restudy (PDF)
16. legal ad - agenda ID 21414 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doc ID: 21721
Item Summary: *** This item to be heard no sooner than 1:00 pm. *** *** This item was
continued from the March 22, 2022 BCC Meeting Agenda. *** A Resolution of the Board of County
Commissioners proposing amendments to the Collier County Growth Management Plan, Ordinance 89-
05, as amended, relating to the Rural Fringe Mixed Use District Restudy and specifically amending the
Urban Mixed Use District, Urban Residential Fringe Subdistrict and the Rural Fringe Mixed Use District
of the Future Land Use Element to require Transfer of Development Rights for Comprehensive Plan
amendments for increased residential density; amending the Urban Mixed Use District, Urban Residential
Fringe Subdistrict to remove the density bonus cap on residential in-fill and remove the requirement to
use Transfer of Development Rights within one mile of the Urban boundary; and amending the Rural
Fringe Mixed Use District of the Future Land Use Element to change development standards and
requirements, to increase density on Receiving Lands located along Immokalee Road, increase density on
Receiving Lands for affordable housing, add Transfer of Development Rights Credits, add uses in
Receiving areas, and add a conditional use for recreation in Sending Lands, and to amend development
standards for Rural Villages; and create the Belle Meade Hydrologic Enhancement Overlay; and
furthermore directing transmittal of the amendments to the Florida Department of Economic Opportunity.
[PL20200002234]
Meeting Date: 04/12/2022
Prepared by:
Title: Sr. Operations Analyst – County Manager's Office
Name: Geoffrey Willig
03/16/2022 12:32 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
03/16/2022 12:32 PM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Completed 03/16/2022 1:02 PM
Zoning James Sabo Additional Reviewer Completed 03/16/2022 4:30 PM
Growth Management Department Mike Bosi Transportation Skipped 03/16/2022 4:22 PM
Growth Management Department Mike Bosi Additional Reviewer Skipped 03/16/2022 4:23 PM
Growth Management Department Mike Bosi Growth Management Department Skipped 03/16/2022 4:24 PM
Growth Management Department James C French Growth Management Completed 03/18/2022 11:49 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 03/23/2022 8:58 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/23/2022 9:03 AM
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County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/23/2022 11:13 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/25/2022 11:30 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/06/2022 12:38 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
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TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
Naples, Florida
May 20, 2021
LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the
Government Complex, East Naples, Florida, with the following members present:
Edwin Fryer, Chairman
Karen Homiak, Vice Chair
Karl Fry
Paul Shea
Robert L. Klucik, Jr. (attended remotely)
Tom Eastman, Collier County School Board
Representative
ABSENT:
Joe Schmitt
Christopher T. Vernon
ALSO PRESENT:
Raymond V. Bellows, Zoning Manager
Jeffrey Klatzkow, County Attorney
Heidi Ashton-Cicko, Managing Assistant County Attorney
P R O C E E D I N G S
CHAIRMAN FRYER: Greetings everyone. Welcome to the May 20, 2021, meeting of
the Collier County Planning Commission.
Will everyone please rise for the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FRYER: Commissioner Klucik has requested that we vote to permit him to
participate remotely.
And, Mr. County Attorney, I think we're still within the bounds of --
MR. KLATZKOW: As long as we're under the local and state emergency orders, it will
be permissible. Once the orders expire, that will be the end of it.
CHAIRMAN FRYER: Thank you.
May I have a motion to allow Commissioner --
COMMISSIONER HOMIAK: Make that motion.
COMMISSIONER FRY: Second.
CHAIRMAN FRYER: Further discussion?
(No response.)
CHAIRMAN FRYER: All those in favor, say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER HOMIAK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
Good morning, Commissioner Klucik.
COMMISSIONER FRY: This is where you say hello, Robb.
MR. SUMMERS: We've got some audio issues. Hold on one second.
CHAIRMAN FRYER: Well, we've got a quorum.
Will the secretary please call the roll.
COMMISSIONER FRY: Thank you, Mr. Chairman.
Mr. Eastman?
MR. EASTMAN: Here.
COMMISSIONER FRY: Mr. Shea?
COMMISSIONER SHEA: Here.
COMMISSIONER FRY: I'm here.
Chairman Fryer?
CHAIRMAN FRYER: Here.
COMMISSIONER FRY: Vice Chair Homiak?
COMMISSIONER HOMIAK: Here.
COMMISSIONER FRY: Mr. Schmitt?
(No response.)
CHAIRMAN FRYER: Mr. Vernon?
(No response.)
COMMISSIONER FRY: Mr. Klucik?
(No response.)
COMMISSIONER FRY: Still working on Robb.
Okay. We have four in person and I believe one virtual, to be confirmed.
CHAIRMAN FRYER: Thank you, Mr. Secretary.
And Mr. Vernon and Mr. Schmitt both have excused absences.
MR. BELLOWS: Yes.
CHAIRMAN FRYER: Thank you. All right.
Addenda to the agenda, Mr. Bellows.
MR. BELLOWS: I don't have any changes to the current agenda as it's been provided to
you.
CHAIRMAN FRYER: Okay. Thank you.
MS. JENKINS: I do.
MR. BELLOWS: Oh, we do have --
CHAIRMAN FRYER: Ms. Jenkins.
MS. JENKINS: Good morning. Anita Jenkins, Zoning director.
We do have one item that we would like to add under new business, and that is to discuss
the evening meetings for the LDC amendments.
CHAIRMAN FRYER: Okay. I was going to talk about them at the next item, if that's all
right with you.
MS. JENKINS: Okay. Anywhere you would like to.
CHAIRMAN FRYER: Good. In line with what we talked about on Tuesday. Well,
thank you.
MS. JENKINS: That's my entry music.
COMMISSIONER FRY: It's late.
CHAIRMAN FRYER: All right. Now, our next meeting is Wednesday, May 26th. It's
a special meeting. As I will say more about in a moment, we will not be here for the evening
portion, but we will be here -- we are requested to be here for the daytime portion of that special
meeting on the 26th.
Does anyone know if he or she cannot be in attendance?
COMMISSIONER FRY: I cannot --
COMMISSIONER SHEA: Is that at 9:00 a.m.?
CHAIRMAN FRYER: 9:00 a.m., yes.
COMMISSIONER FRY: I cannot tell you at this point.
CHAIRMAN FRYER: Okay. All right.
COMMISSIONER FRY: Business commitments.
CHAIRMAN FRYER: Okay. Well, we will hope that we have a quorum. I don't
believe Commissioner Schmitt is going to be here on the 26th.
COMMISSIONER HOMIAK: Yeah, he is. He said the 26th meeting was a day he was
going to be here.
CHAIRMAN FRYER: He did? All right. Okay, good.
Okay. Our minutes to be approved. First we have those of our attempted April 15, 2021.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Ah, good morning, Mr. Klucik. We were worried about you.
COMMISSIONER KLUCIK: Oh, I've been connected. I'm sorry. I didn't hear any --
CHAIRMAN FRYER: Well, you've been approved for participation, so we're delighted
to have you.
COMMISSIONER KLUCIK: Well, great. I'm sorry. I caught you right when you just
said we're having a problem with Robb, and that was the first I heard, you know, even though I've
been logged in. So there you go. So I guess I really haven't missed anything.
CHAIRMAN FRYER: No, you haven't.
COMMISSIONER FRY: That was a rhetorical statement, Robb.
Mr. Chairman, we have a quorum of five.
CHAIRMAN FRYER: Quorum of five. Thank you, Mr. Secretary.
So our attempted minutes of April 15, and that meeting, as you know, failed for a lack of
quorum, but we need to take action on those minutes to create a record of why there was no
substantive meeting and that it was at that time continued to a later date. So may I have a -- any
corrections, changes, or additions to those minutes?
COMMISSIONER HOMIAK: No. Motion to approve.
CHAIRMAN FRYER: Is there a second?
COMMISSIONER SHEA: Second.
CHAIRMAN FRYER: Further discussion?
(No response.)
CHAIRMAN FRYER: All those in favor, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
Then we have the minutes of the meeting to which the 15 April meeting was continued,
and that's April 19. Any corrections, changes, or additions to those minutes?
COMMISSIONER HOMIAK: Motion to approve.
CHAIRMAN FRYER: Is there a second?
COMMISSIONER SHEA: Second.
CHAIRMAN FRYER: Further discussion?
(No response.)
CHAIRMAN FRYER: If not, all those in favor, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
BCC report, recaps, Mr. Bellows.
MR. BELLOWS: On the May 11th Board of County Commissioners there were no
land-use items presented at that meeting.
CHAIRMAN FRYER: Very good.
Now let's -- before we get into our substantive agenda, let's talk about the need for an
evening meeting to deal with certain LDC amendments, and the Chair recognizes Ms. Jenkins.
MS. JENKINS: Thank you. Again, Anita Jenkins, Zoning director.
We are requesting an evening meeting to hear those LDC amendments either June 3rd, is
the preference for that date, or the second meeting in June, which I think is June 17th. So we
needed to continue those items from your special meeting on the 26th, and hopefully we can get
those scheduled for you on the 3rd.
Currently, our projections are only to have one other item on the meeting of the 3rd, so we
could start that later, but on the 26th we can see how we're going and how many items maybe
continue, what kind of time you may need, but we'd like to request for an evening meeting on
June 3rd.
CHAIRMAN FRYER: Very good. Commissioners, anyone have a conflict, inability to
be there?
(No response.)
CHAIRMAN FRYER: Everybody seems to be willing and able to be there on June 3rd.
So by consensus our evening meeting will be on June 3rd beginning at five minutes after 5:00.
COMMISSIONER FRY: May I ask for a clarification? Are you saying that if there are
only one or two items on the normal meeting for the 3rd, we might start later in the day rather than
9:00 a.m.?
MS. JENKINS: Yeah. I think that you would want to consider, you know, starting in the
afternoon if you only have a couple items, because we do have to start the meeting at 5:05 for the
LDC amendment. So we wouldn't want to have to bring you in and then have a break. And so
we'll just help you work through that as we get closer.
CHAIRMAN FRYER: That would be welcome. Thank you very much.
MS. JENKINS: You're welcome.
CHAIRMAN FRYER: Thank you, ma'am.
Chairman's report, none today.
Consent agenda, none today.
***We're going to public hearings. And the first matter is PL20200002234. It's the
RFMUD Growth Management Plan amendments here to us for recommendation on transmittal.
And the Chair recognizes Ms. Mosca.
MS. MOSCA: Good morning, Commissioners. For the record, Michele Mosca with
Zoning Division staff. And I'm not sure how to get the screen turned over. Thank you.
Okay. So, Commissioners, this is the fourth restudy. There were four directed by the
Board of County Commissioners, and this is the fourth. The other three have all been approved.
The last you heard was the Rural Lands Stewardship Area, and that's been approved as well
moving forward.
CHAIRMAN FRYER: By the way, during this pause I'll just indicate that the reason we
didn't ask for witnesses to be sworn in or for disclosures is because this is legislative in nature.
Sorry. Go ahead.
MS. MOSCA: No, that's correct. And this is the transmittal hearing so, Commissioners,
you'll have another shot at this after it goes to the state agencies for review and their comment.
So what I'd like to say, this review and preparation of the Rural Fringe Mixed-Use
Districts, this has been a team approach. You'll see on the screen multiple disciplines were
involved including Planning, Transportation, Stormwater, Housing, and Planning. I think I said
that.
So today -- I know that Commissioner Homiak was here when we had the approval, I
believe, of the Rural Fringe Mixed-Use District, you know, at the beginning with the plan
amendments, but I think for the rest of you, you may or may not be familiar with them.
So what I'd like to do in today's presentation is to include an overview and a history of the
existing Rural Fringe Mixed-Use District of the Future Land Use Element, take you to the
proposed Growth Management Plan amendments, a transfer of development rights, or what we call
TDRs. So you'll hear that acronym, so Transfer of Development Rights means TDRs. So we'll
take you through a credit analysis based on the proposed amendments.
Future development, we'll talk about the future development and infrastructure needs in the
North Belle Meade, and that's NBM on the screen in the Belle Meade area.
We'll also talk about some general discussion items, and those will include public
comment. We had a period of time, approximately two weeks, when these amendments were
drafted and sent out for comment. Then, finally, we'll talk about staff recommendations.
So just to give everyone an idea of where these -- where the Rural Fringe Mixed-Use
District is located, it's generally located -- and I'm trying to get this mouse to work. Yep, here we
go. So it's generally located east of the urban area, and that's those areas in yellow right here, and
west of Golden Gate, Golden Gate Estates, and that's that area here.
So the rural fringe is approximately 73,000 acres in size. The receiving areas noted here
in this teal color, that consists of approximately 22,000 acres. And so here is the receiving areas,
these areas here. And we'll go into further detail and discussion about those areas.
Your sending areas, which are identified here in orange, here's the Belle Meade area, and
that's south of I-75, and then your North Belle Meade area here, and then you have some other
smaller sending areas throughout here.
And these are approximately 45,000 acres in size with more than half of the acreage in
private ownership and the remaining acreage in public ownership. And the neutral areas or these
hatched areas that you can see here, there's some throughout, those consist of approximately
9,500 acres, and we'll talk about all of those areas as we move forward through the presentation.
I just want to let everyone know, we probably have somewhere around 28 to 30 slides.
Not all substantive information, but just wanted to give you an idea of where we're headed.
So let's talk a little bit about the history of the RFMUD, Rural Fringe Mixed-Use District.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Go ahead, Commissioner Klucik.
COMMISSIONER KLUCIK: Sure. If you could just switch to the slide -- previous
slide. I have one quick question.
MS. MOSCA: Yes.
COMMISSIONER KLUCIK: All right. So if you're on Immokalee Road, you have a tan
or peach colored box.
MS. MOSCA: This here?
COMMISSIONER KLUCIK: Yes. What is that?
MS. MOSCA: That's Orangetree.
COMMISSIONER KLUCIK: That's Orangetree, okay.
MS. MOSCA: Yes.
COMMISSIONER KLUCIK: So that's just an existing development. That's why that's
highlighted?
MS. MOSCA: Yes. It's a settlement area, yes. It has higher densities --
COMMISSIONER KLUCIK: Thank you.
MS. MOSCA: Oh, sure.
Okay. So back to the history. So in the 1990s, there was a requirement to conduct a
comprehensive study of our Comprehensive Plan or our Growth Management Plan, and that
occurred every seven years under state law. The evaluation would typically result in amendments
to the plan. In 1997, the county adopted these amendments based on this evaluation which were
ultimately found to not be in compliance with state laws.
So after administrative law hearings in 1999, the Governor and cabinet issued a final order
which included a requirement for, within a three-year period the county had to address deficiencies
within the final order for the rural lands. So these are listed on the slide, and they include
protections of prime agricultural land, direct incompatible land uses away from -- and their
habitat -- and their listed species away from development, habitat, and protect the environmental
lands, and also provide measures to curtail urban sprawl.
So to address some of these deficiencies, the county adopted the Rural Fringe Mixed-Use
District, which includes both regulations that restrict uses and residential density on sending lands,
and there's a voluntary TDR program or, again, the Transfer of Development Rights program that
provides for residential development rights to be transferred from sending lands. These areas,
again, in orange. So to transfer the development rights from these areas to receiving areas. So
these areas in this bluish color here, which is the compensation mechanism for sending landowners
for their presumed loss in property value caused by the reduction in density as well as the land
uses.
So for owners of sending lands that choose to participate in the Transfer of Development
Rights program, here is a sample calculation of the potential TDRs that can be generated from a
40-acre sending-lands parcel. There are four potential TDR credits. The base credit, calculated at
one TDR per five acres, an early-entry credit to encourage participation in the program, restoration
and maintenance credit for creating and implementing a plan to restore the property's
environmental integrity, and the conveyance credit for the property to be conveyed to an approved
agency for long-term maintenance. So all these credits are calculated at a rate of one TDR for
each five acres or legal lot of record.
So in this scenario, an example of a 40-acre parcel utilizing all TDR credits, it would
generate 32 Transfer of Development Rights credits.
MR. EASTMAN: Michele, do you know how much a credit goes for, roughly?
MS. MOSCA: It ranges. The base credit is still required to be 25,000. A lot of times
they are a package deal, so an individual credit could come anywhere from 15- and I heard as high
as 18,000. So 15,000 to 18,000 is what I've heard. So I don't know definitively, but I'm sure
when someone gets up as a member of the public, they may be able to give you some additional
information, but we do have record of the 25,000 requirement.
So looking at the receiving lands, at a landscape scale, receiving lands have the least
environmental value and, therefore, suitable or most appropriate areas to receive density that may
be transferred from these sending lands. Again, so these are these areas here, so we have four of
them.
So the four receiving areas are labeled on the map, and they're going to be very relevant
when we're discussing the proposed amendments. Agricultural uses within these areas have been
expanded and density increased to one dwelling unit per acre for parcels 40 acres in size or larger.
So there are three development scenarios on receiving lands. You can have your baseline
conditions, and that's one dwelling unit per five acres. You can participate in the TDR program at
one dwelling unit per acre via TDR credits, and a mixed-use development called a rural village.
So the rural village can be developed in each one of these four receiving areas. So, again,
these areas here. The villages must be a mixed-use development. Rural villages development
allows for the highest density, roughly --
COMMISSIONER KLUCIK: Excuse me.
MS. MOSCA: Yes.
CHAIRMAN FRYER: Go ahead, Commissioner.
COMMISSIONER KLUCIK: If you would, the technical folks -- yes, I haven't been able
to see it. So if our speaker is, you know, referencing her presentation, if you could please have it
up at that time. Thank you.
MS. MOSCA: Okay. I'm not clear what he's --
CHAIRMAN FRYER: Commissioner, are you able to see what's on the screen?
COMMISSIONER KLUCIK: Well, I was, and then for the last 30 seconds or one minute
I wasn't just because they just had it -- I got to see all of my fellow commissioners' shiny faces, and
then as soon as I started speaking, someone switched it to the view of the presentation. So that's
all. If you could just make sure, if our speaker's referencing their presentation, just make sure it's
on the screen so I can see it.
CHAIRMAN FRYER: Thank you.
MS. MOSCA: Okay. Let me just go back over the density for the rural village. So the
rural village development allows for the highest density. That's two to three dwelling units per
acre and various intensity of uses allowing a full range of commercial, industrial, and business
uses.
For owners of receiving lands that choose to participate in the Transfer of Development
Rights program, here is a sample TDR redemption calculation on a 40-acre receiving lands parcel
and a 1,500-acre rural village.
Thirty-two TDRs would be needed to develop a 40 -- I'm sorry -- 40 residential units on a
40-acre parcel. A maximum -- and you can look at the math. The maximum of 2,700 TDRs
would be required to develop a 1,500-acre rural village. So there's going to be no difference.
You'll see the two -- sorry. You'll see the two DUs per acre and the three DUs per acre. So
there's no difference in those calculations for TDRs because if you're a rural village, there's a
density bonus that's granted for each TDR that's acquired to achieve the minimum density of two
dwelling units per acre. So, really, you get the third dwelling unit as a freebie.
So let's talk a little bit about neutral lands, the hatched areas.
COMMISSIONER KLUCIK: I don't know if it's just me, but I did not -- I understood the
first half of that slide, but I didn't understand the bottom portion. I understand there was a way to
get the third unit per acre, but I didn't catch the jump from the 40-acre example down to the
1,500-acre example. So the 40-acre example is just showing that right now they could do eight if
they didn't participate, because that's their base density?
MS. MOSCA: Right.
COMMISSIONER KLUCIK: And then if they used the credits, they could go up to 40
units on those 40 acres, one per acre?
MS. MOSCA: Right.
COMMISSIONER KLUCIK: But if you have the same -- if you want to do a bigger
project, that's how the density increases.
MS. MOSCA: Through the rural village, correct. And so it's the same calculation. It's
just at a higher rate and a higher density. So you'd still have --
COMMISSIONER KLUCIK: Is that -- is that density, then, for all 1,500 acres you're able
to build three homes?
MS. MOSCA: Three dwelling units per acre, so 4,500 dwelling units.
COMMISSIONER KLUCIK: Homes, okay.
MS. MOSCA: Okay.
COMMISSIONER KLUCIK: Yes, thank you.
MS. MOSCA: You're welcome.
Next, we'll talk about the neutral lands. So from an environmental perspective at the
landscape scale, again, the neutral lands have native vegetation habitat for listed species but do not
have the same value as sending lands. Neutral lands are what we call neutral to the TDR program.
Currently, TDR credits cannot be sent or received. Density is allowed at one unit per five
acre, and the permitted and conditional uses of the agricultural zoning district remain unchanged.
So now we're going to switch over to the Rural Fringe Mixed-Use District amendments, or
the acronym RFMUD. So in 2015, the Board directed staff to conduct a restudy of four program
areas of which the Rural Fringe Mixed-Use District is one. The Board appointed a citizen
committee to have a high-level oversight of the restudy process.
The Board identified the four listed objectives for the restudy, and these are addressed:
Complementary land uses, economic vitality, transportation mobility, and environmental
stewardship. The restudy included community outreach. It included a website and workshops
within the community.
The restudy process culminated with staff preparing a white paper that included a summary
of public comments and a summary of recommendations from both the staff and the public. The
white paper was presented to the Board, and the Board of County Commissioners gave staff
direction to proceed with certain amendments. These are the amendments that are in your
resolution, Exhibit A, with some exceptions, and we'll go over those later.
So for the sending lands, some of the most significant amendments include providing
additional TDR credits to sending lands owners, replacing early-entry bonus with two base credits,
allowing sending lands owners to participate in program changes if the land has not yet been
conveyed, provide conveyance of land to a not-for-profit or land trust by board approval, provide
clustering provision for large sending land parcels, and implement the Belle Meade hydrologic
enhancement overlay, and this is a comprehensive watershed improvement plan program.
So some of the most significant amendments for the receiving lands was to eliminate
development standard requirements in the rural village for research and technology parks;
providing TDRs for existing agricultural uses and preservation; providing new mixed-use standards
for rural villages, and this is similar to the Rural Lands Stewardship Area standards; require all
projects greater than or equal to 300 acres utilize rural village provisions to incentivize rural village
development; provide greater opportunities for affordable housing projects at higher densities; and
the opportunity to include commercial component to the project; and, finally, incentivizing
employment centers outside rural villages by allowing business industrial uses identified as Florida
qualified target industries. And you probably remember that from the Rural Lands Stewardship
Area. These are your manufacturing, trade, finance and insurance, and some of those, and
corporate headquarters.
For neutral lands, currently owners cannot participate in the TDR program. This
amendment would allow participation for existing agriculture and conservation uses. Clustering
would also be allowed by this amendment without an acreage threshold. Currently it's 40 acres.
For urban designated lands, the amendments would eliminate the requirement to use TDRs
for infill properties, and that's a provision within the Future Land Use Element; eliminate the
requirement for sending lands' TDRs for development of those properties to be located within one
mile of the urban area; and then increase residential density in the urban fringe and require TDRs to
be used to increase density through a Growth Management Plan amendment.
Rural Fringe Mixed-Use amendments that were not proposed by staff, increase density
from one dwelling unit per two dwelling unit per acre outside rural villages and all receiving areas.
So if you remember, there were four receiving areas. The original proposal or direction was to
provide two dwelling units per acre within all of those receiving areas outside of rural villages, and
we'll discuss that further as we go along.
Another one was to increase rural village density. Staff recommended that the density in
the rural villages remain at two to three dwelling units per acre, and this will allow for additional
study within the Belle Meade and the North Belle Meade areas where we'll see the majority of
growth in the future. Eliminate the size of the rural village; staff recommended retaining the
existing size of these villages for further study. And the elimination of the greenbelt; so staff
recommended reducing the greenbelt to maintain the transition of uses and maintain the rural
character of the area.
So now we'll shift to supply and demand of TDRs based on the proposed amendments.
Now, this is one scenario. I mean, there's multiple scenarios based on participation. So in the
north receiving area -- let me see if I can -- this area here, this currently is the site of the Immokalee
Road Rural Village. That came before you-all. If adopted, it will encompass the entirety of the
privately owned receiving areas, so all of -- I'm losing my mouse here -- all of these areas. This
area now outside of this sending area just north and south, those are now owned by the state, and so
that color on the map will be changing.
For the northwest receiving area, this area within here, staff believes it's unlikely that a
rural village will be developed based on ownership patterns and existing development. So for a
rural village, no TDRs will be counted in that scenario.
Now, for nonrural village development, the assumptions are based on the white paper, that
there's possibly 60 percent of the landowners would participate, and, again, this could be higher or
lower.
So let's talk a little bit about the North Belle Meade area in here. This is the receiving area
in the North Belle Meade area, and this is north of I-75. And then this is the Belle Meade area
south that abuts Tamiami Trail East. The North Belle Meade area in here, the assumption is that
one rural village will be developed at the maximum size of 1,500 acres, so that would be up to
4,500 dwelling units, and 2,700 TDRs would be needed for that.
For the Belle Meade area the assumption is that the rural village will be developed at the
maximum size of 2,500 acres, right in through here, and up to 7,500 dwelling units and 4,500
TDRs would be needed to entitle development.
So for nonrural village development -- that's the development outside of the rural
villages -- the assumption, once again, for this scenario was based on 60 percent of the landowners
participating, and we retained the 40-acre threshold. And so the north would be roughly 1,103
dwelling units, and the south would be approximately 2,514 units.
So the total -- based on this particular scenario, there would be a total of 20,530 dwelling
units in all of these areas and possibly 11,139 TDRs to entitle that development.
Shifting to the supply side. The existing sending lands database that's maintained by staff
at the county was used to determine the supply. The participation rate of plus or minus 50 percent
was applied to the total possible TDRs. That was for the base, the early entry, environmental
restoration, and maintenance and conveyance TDR bonus credits, and these are, again, consistent
with the assumptions in the white paper.
The total yields approximately 6,278 TDRs based on that applied assumption. And, again,
this could be higher or lower depending on the participation rate.
Now we want to look at supply of new credits through these abatements. So the new
supply is based on the proposed amendments, and they include the Belle Meade flowway TDR
bonus credit, and this is for the Belle Meade area. This is south of I-75 for that Belle Meade
hydraulic enhancement overlay, and we'll discuss that further as well. And we assumed
100 percent participation or 560 new TDRs coming online.
So the next one is sending lands existing agricultural TDR bonus. We assumed 80 percent
in the north sending lands where there -- excuse me -- where there are existing groves, 30 percent
in the North Belle Meade and Belle Meade areas where there's a limited amount of lands in
agricultural use.
So this is the calculation here, so that would be roughly 446 new TDRs coming online
from an estimated 1,407. The neutral lands existing agricultural TDR bonus, staff assumed
10 percent utilization, and that would come online at approximately 126 TDRs. So you see that
staff was very conservative going through these additional TDR credits.
And then the final one is the receiving lands existing agricultural TDR credit. Staff
assumed 50 percent of the 6L Farms, and that's on the Belle Meade side and that -- again, that area
is located at Tamiami Trail East.
So we're looking at the total supply, then, of 8,021 TDRs, and the TDR potential demand
of 11,139 TDRs. So the estimated deficit, again, based on this scenario would be roughly 3,000
TDRs. I know that's a lot of information; we can discuss that further if you'd like.
So the next area we'd like to talk about is the North Belle Meade or NBM and the Belle
Meade areas. Again, north of I-75 is the North Belle Meade. South of 75 is the Belle Meade
area.
So staff mentioned early in the presentation that we're not recommending amendments to
be applicable to the North Belle Meade and Belle Meade areas due primarily to infrastructure
concerns. Existing development is and has been on Immokalee Road where infrastructure is
available or planned. The greatest future development demand will be in the North Belle Meade
and Belle Meade receiving areas.
Again, this map identifies the two areas, so here's the Belle Meade and North Belle Meade
areas. So I believe, Eric Fey is here. Eric Fey from the utility staff will talk about water and
sewer availability, followed by Michael Sawyer who will talk about the transportation network
that's available in the North Belle Meade and Belle Meade areas.
MR. FEY: Thank you, Michele.
For the record Eric Fey, principal project manager, Public Utilities.
The slide on screen here presents an overview of the RFMUD along with our existing
treatment plant and major structure facilities within the water/sewer district.
The table represents the potable water and waste wastewater demands, respectively, for
each of the four receiving areas. Underneath those demands -- and that is -- by the way, those
numbers are the additional demand from what exists today, not the totals.
The percentages, on the other hand, underneath those demands are the impacts of the
staff-proposed amendments on those demand forecasts. As you can see, with the northwest
receiving area being the only one with the density increase, we're looking -- using the assumptions
beneath the table, and some of the assumptions Michele stated earlier in her presentation, we're
anticipating a 10 percent impact to that receiving area overall, which would be a 35 percent
increase in forecasted demand. And some of those assumptions, as she stated, include a
60 percent participation rate. And I think she identified 788 eligible acreage -- acres within
receiving area.
I want to just go ahead and discuss briefly how we intend to serve these various receiving
areas. As you know, the north receiving area is Immokalee Road Rural Village. We are already
in the process of extending services, including potable water, wastewater, and irrigation quality
water services to that anticipated village.
There are existing mains already along 39th Avenue Northeast, and we do anticipate
extending new mains up Immokalee Road to their entrance.
The next receiving area, the northwest receiving area, is, you know, partially developed
today, and the existing developments all receive service from large transmission mains that we
extended along Immokalee Road somewhere around 2005, and those mains are of adequate size to
serve the increased density in the northwest receiving area.
The North Belle Meade receiving area, as you can see from the yellow arrow, that's the
original route that was anticipated to extend water and wastewater services to North Belle Meade.
In 2003 the Board passed a resolution expanding the water/sewer district to serve all of the Rural
Fringe Mixed-Use District, and that was the anticipated route.
Unfortunately, we do not have a force main along Collier Boulevard. So it would be
necessary, if we take that route, to extend wastewater services down to the Golden Gate wastewater
treatment plant. Because of that, another alternative that we would prefer is to extend services
along Wilson Boulevard. As I'm sure you're aware, that roadway is anticipated for widening and
improvement in the Long-Range Transportation Plan, I believe, in the CIP. Trinity Scott could
speak to that. But when that road is expanded, we'll look at the possibility of extending mains
along with that roadway project.
The last receiving area is the Belle Meade in the south part of the water/sewer district. We
presently have a 40-acre site on Manatee Road that was contemplated for the southeast regional
water treatment plant, and new mains would be extended down Tamiami Trail to serve the Belle
Meade receiving area.
We're also in the process now of doing a real estate search for a future southeast regional
water reclamation facility. Based on our master planning efforts, we're not the sure that those are
the best alternatives, but, you know, we will serve the Belle Meade area either with those new
plants or with our existing plants and extending or expanding our transmission mains accordingly
when Six L's Farm starts to develop in the next 10 to 20 years.
So that concludes my presentation. Any questions for Utilities before I walk away?
CHAIRMAN FRYER: Commissioner Shea.
COMMISSIONER SHEA: Yeah. Are you providing service to the rural fringe areas by
bringing the water and wastewater back into the main system, or are you using any of the new
facilities on Oil Well?
MR. FEY: Not on Oil Well, but the Immokalee Road Rural Village will be served by the
new northeast utility facilities. The other receiving areas, northwest and North Belle Meade, you
know, those would be served from our existing plants with -- in the case of the northwest, existing
pipelines. In the case of North Belle Meade, we'd have to extend new pipelines from our existing
facilities.
And the Belle Meade area's a bit of a toss-up. You know, we have contemplated new
facilities in the southeast part of our service area to serve that future development. That's not a
certainty.
CHAIRMAN FRYER: Commissioner Fry.
COMMISSIONER FRY: Eric, are you confident that, from the standpoint of water and
reclaimed water, that the infrastructure will be available, that it will not be an issue to serve these
areas, these receiving areas?
MR. FEY: It will not be an issue.
COMMISSIONER FRY: Okay. On your North Belle Meade, you showed a possible
route, and then you showed an alternative route which you preferred, which was an expanded
Wilson Boulevard. Where is that -- it just showed an arrow. It ended at Immokalee Road.
Where is it actually ending up?
MR. FEY: Like I mentioned for the northwest receiving area, we've got large-diameter
transmission mains, including a 36-inch water main and a 16-inch water main that were designed to
serve all of the northeast service area in combination with the northeast utility facilities, so there's
plenty of capacity in the northeast to provide service to North Belle Meade.
COMMISSIONER FRY: Okay. So you're hooking up to the northeast going up
Wilson --
MR. FEY: At Immokalee Road, correct. If we go that route instead of going west, yes.
CHAIRMAN FRYER: Thank you, sir.
MR. FEY: Thank you.
Michele is just suggesting that I clarify the timing. You know, we're doing our master
planning effort right now. It should be done next month, and when we provide the 2021 AUIR,
that master plan will be an attachment, and we'll address timing of those improvements in the
master plan. So I just wanted to clarify that for the record.
CHAIRMAN FRYER: Mr. Fey, you may not know, because it's not really directly in
your area, but what about electrical service out there?
MR. FEY: Yeah, I can't speak to that.
CHAIRMAN FRYER: I'll ask Ms. Mosca. Thank you.
Mr. Sawyer.
MR. SAWYER: Good morning, Commissioners. For the record, Mike Sawyer,
Transportation Planning.
In front of you, you see the 2045 Long-Range Transportation Plan. Just as a
refresher -- and you've heard this a number of times more recently -- but the MPO bases the future
population growth on the median population estimate. That population is distributed around the
county based on the county's interactive growth model. And we do understand that the world
doesn't end in 2045. That's one of Trinity's lines. But that is how far out we work with our
transportation plan.
The model runs that are used, those are what are reviewed, and that is what we use to come
up with our cost feasible plans which, again, is what you've got in front of you, and that is what is
adopted by the MPO board and incorporated into the county's planning process.
We can go over the specifics as far as potential roadway improvements that would be
feeding into the North Belle Meade as well as the Belle Meade areas that we've been talking about.
It is our -- it is Transportation Planning's position that any further addition of density
should be thoroughly studied to determine the impacts to the transportation network and what
additional facilities might be necessary as well as a proper mix use -- proper mix of uses that will
support a maximum internal capture and shorter trip lengths.
What that's basically trying to say is that we -- any additional density that we would be
looking at in, again, the North Belle Meade as well as the Belle Meade area really needs to be
looked at from a transportation standpoint, the infrastructure.
If we properly plan it so that we have requirements that have implications where we have
fewer trips out onto our road networks, in other words, we try and capture as much of those internal
trips as we possibly can, the better we're going to be.
COMMISSIONER FRY: By that you mean having sufficient commercial services in
those areas so the people don't have to leave the area?
MR. SAWYER: Absolutely, yes.
I do have information as far as specific links that we could possibly talk to. I don't know
how far you want to get into that. Mostly what we're talking about as far as servicing these two
areas is going to be the extension of Wilson. And I can give you time frames if you really want
those. They are within the 2045. We also have Benfield/Wilson, which would be serving further
south into the Belle Meade area. And, again, I've got time frames on those.
The other issue is certainly 41. And there are plans within the 2045 from FDOT to make
improvements in a stretch that would be right in front of the Belle Meade area. But, certainly, we
would want, if we're looking at additional densities, to certainly bring in -- FDOT into those
discussions. Because right now their plans are just like ours. They're looking at the current
densities that have been proposed previously.
CHAIRMAN FRYER: Commissioner Fry.
COMMISSIONER FRY: What is FDOT -- what do they have in mind in that section of
41? Expanding it?
MR. SAWYER: It would be expanding from two lanes to four.
COMMISSIONER FRY: Okay.
MR. SAWYER: Similar to what they've already done further north and west.
COMMISSIONER FRY: Thank you. That was it.
CHAIRMAN FRYER: Thank you.
MR. SAWYER: That's all I've got. I believe Michele is next.
CHAIRMAN FRYER: Thank you, Mr. Sawyer.
COMMISSIONER SHEA: Can I ask a quick question? Maybe it's for ourselves. I
assume we have a fiscal-neutrality requirement on the receiving areas as well?
CHAIRMAN FRYER: In the RFMUD materials, they're there.
COMMISSIONER SHEA: It's the same, yeah.
CHAIRMAN FRYER: I would also tag onto that, if I may. There are provisions
elsewhere in the Growth Management Plan calling for self-sufficiency, which points to the need to
look at and to try to regulate the nature of the commercial uses being deployed within
developments like these.
What is your take on the importance of us considering self-sufficiency and the particular
commercial uses in developments -- villages and other developments?
MR. SAWYER: From a transportation standpoint, as many trips as we can contain within
individual developments is a direction that we would want to go, because that means we don't have
to make as many or as large of improvements into our existing facilities. We may be able to do
additional lanes on existing segments on existing corridors instead of looking at new corridors, for
instance.
CHAIRMAN FRYER: Thank you.
MR. SAWYER: I apologize. Michele also wanted me to point out that Benfield is not
fully funded at this point, even in the 2045.
CHAIRMAN FRYER: Okay.
COMMISSIONER SHEA: But this gets back to the same issue we have every time
something comes up. So you're planning for growth, and you're building it into our capital budget.
So the only way you can prove fiscal neutrality -- we've already paid for it and built it into our
budget. So if our impact fees cover the costs, I guess that's the only way that it's fiscally neutral.
It just gets very complicated, because we're doing all the planning right now for this growth, and
now they're going to come in as individual developments, and we have to look at them as to
whether they're fiscally neutral or not, but yet we've already put in the budget the highway system
to support them.
It's confusing to me as a commissioner as to how you get to fiscal neutrality when we're
planning for that growth and the residents are paying that money now.
CHAIRMAN FRYER: Impact fees are certainly an important part of that, but so is
property taxes, gas taxes, and other user fees. They never really quite add up, though.
COMMISSIONER FRY: Mike, can you show us on that, I'll call it small and, on my
monitor, blurry map, Benfield. Is it Benfield/Wilson? Is it a hyphenated name that's anticipated?
MR. SAWYER: I believe that's current nomenclature that we're using, yes.
COMMISSIONER FRY: Where that would actually --
MR. SAWYER: We're kind of just calling it Benfield currently. That would be this link
through here. That is the portion that is projected as far as being funded, 2045. It would also
extend further south basically along that line right there.
COMMISSIONER FRY: To serve Belle Meade?
MR. SAWYER: It is serving future growth, yes, at the estimates that we currently have,
yes.
COMMISSIONER FRY: Okay, thank you.
CHAIRMAN FRYER: Any questions for Mr. Sawyer?
(No response.)
CHAIRMAN FRYER: If not, thank you.
MR. SAWYER: Thank you.
CHAIRMAN FRYER: Ms. Mosca, could I begin by asking you the same question I asked
of Mr. Fey. Florida Power & Light, are they in the process of getting electricity out there, or is it
already there?
MS. MOSCA: Unfortunately, I don't know the answer to that, but we could get you the
answer, and we could send an e-mail.
CHAIRMAN FRYER: Okay.
MS. MOSCA: I don't know the status.
CHAIRMAN FRYER: Yeah. That's a private undertaking. It's not part of the Public
Utilities, but it's certainly very important in the totality of infrastructure that we would be providing
to new occupants.
MS. MOSCA: Sure. I'll find that out for you.
CHAIRMAN FRYER: Thank you.
MS. MOSCA: Sure. So the next area I'd like to talk about, and I'll have Liz Goslin from
stormwater staff just come up and tell you about this exciting project that's just south of I-75.
Again, I've mentioned it earlier. It's the Belle Meade hydrologic enhancement overlay and that,
again, has that TDR credit attached to it.
CHAIRMAN FRYER: Mr. French?
MR. FRENCH: Commissioners, good morning. Jamie French. I'm your deputy
department head for Growth Management.
Very quickly, on your electric utility, that service territory is defined and decided by the
Florida Public Service Commission. The area's currently under Florida Power & Light, but you do
have a privately owned utility that acts as a co-op. That's Lee County Electric Co-op. That
area -- and I just looked at the map from the Florida Public Service Commission. I believe the
area's going to be served by LCEC on that one, but that is defined by the Florida Public Service
Commission. It's not done on a local government level.
CHAIRMAN FRYER: Recognizing that we don't have control over that, should we,
nonetheless, be making our decisions about new growth based upon when these other entities can
come forward with the resources that we need?
MR. KLATZKOW: No. No.
MR. FRENCH: Right. There's statutory language that defines that, sir.
MR. KLATZKOW: We've got criteria. That's the criteria that the Planning Commission
weighs. If the state elects not to provide electricity, which is what the southerner states, quite
frankly, and how the state killed the southerner states, that's a state issue, not ours.
CHAIRMAN FRYER: Okay. Thank you.
MS. GOSLIN: Good morning. For the record, Liz Goslin with Stormwater
Management.
So the comprehensive and watershed improvement plan is a very large project that
proposes enhancements of hydraulic conditions to the natural areas immediately east of Naples
between U.S. 41 and I-75. This project will be restoring natural flows to rehydrate approximately
9,000 acres in the Picayune Strand Forest area. Again, the project will provide an opportunity to
balance freshwater flows to Naples Bay and Rookery Bay. Freshwater flows will be reduced in
Naples Bay, which will provide additional water quality. The project will increase freshwater
flows into Rookery Bay, which will help to rehydrate those habitats.
So the overall project, in summary, it will withdraw water from the Golden Gate Main
Canal and then discharge it into I-75 canal and then picking it up again from I-75 and making it
flow south through the green area on the screen.
Eventually, after some infiltration and evaporation losses, the remaining flow will keep
flowing south through some residential communities and eventually reaching the Rookery Bay at
the very south of the -- of the project -- of the project area.
That's a very general summary of the project. If you have questions about this project, I
can answer them.
CHAIRMAN FRYER: Commissioner Shea.
COMMISSIONER SHEA: Yeah, I'm confused. Technically, where's the water coming
from, say, for the I-75 pump station? I didn't quite get where you're pulling water from, and then
you're pumping it down the hydraulic area -- hydrologic area.
MS. GOSLIN: On the little -- on the map you have a northern pump. Do you see it on
the map? You have a northern pump station. So we will have a pump station there that will
pump water from the Golden Gate Canal, and then we're going to dump it into I-75 and then
picking it up again south of I-75, making it flow south. We'll have another pump station just south
of I-75.
COMMISSIONER SHEA: So you're moving it from one canal over into the hydrologic --
MS. GOSLIN: Yes.
COMMISSIONER SHEA: Okay. Thank you.
CHAIRMAN FRYER: Commissioner Fry.
COMMISSIONER FRY: Is that all within the -- is the yellow boundary on the outside of
that, is that generally the Belle Meade area, or is -- is this just -- this is a part of the Belle Meade --
COMMISSIONER SHEA: Yes.
COMMISSIONER FRY: -- receiving area.
COMMISSIONER SHEA: Right here.
MS. GOSLIN: Yes. I'm assuming, yes.
COMMISSIONER FRY: Is the green area, is that now -- is it saw grass? Is it -- what is
it? Is it Everglades?
MS. GOSLIN: That's the Picayune Strand Forest.
COMMISSIONER FRY: Okay.
MS. GOSLIN: And about 9,000 acres of that forest will be rehydrated with this project.
COMMISSIONER FRY: Okay. It's exciting. Thank you.
MS. GOSLIN: Okay.
COMMISSIONER SHEA: But there will be homes in the areas, too, right?
MS. GOSLIN: Yes.
COMMISSIONER SHEA: There are homes in those areas. They're just at a very low
density.
MS. GOSLIN: Right. Yes, and that's why the project is asking to provide one TDR
bonus for those affected property owners so they can have some balance. Okay.
CHAIRMAN FRYER: Thank you.
MS. GOSLIN: Thank you.
MS. MOSCA: Okay. Michele Mosca, again, for the record.
So now we want to get into talking about some of the -- before we get into the public
comment, talk about some of the outstanding issues that we've heard. We've talked to the
development community. We've talked to sending lands owners. Some of the concerns that keep
coming up as part of the rural fringe program. So, again, there's three outstanding issues, and staff
believes it requires further evaluation and study. And this would also include the study of the
TDR credit analysis as well, because there's that fine balance. So you always want more demand
than you do the supply.
So these include sending lands restoration and maintenance credit, the conveyance TDR
credit, and a mechanism in which to connect the buyers and sellers. So those sellers of the sending
lands, we're trying to compensate them for the loss of uses and intensity on their property.
So when the base, early entry, and TDR credits are severed, the property is protected from
development but doesn't result in the management of the property, such as maintaining the property
free of exotics. The restoration and maintenance credit provides for a plan to restore these
properties; however, at times it's expensive and not financially feasible for the one TDR credit per
the five acres. So those landowners that have a five-acre piece. Additionally -- and this is a big
one -- the long-term maintenance is at issue if the property is not conveyed to an entity to manage
that property long term. So the North Belle Meade area, again, that area north of I-75, there's very
limited entities accepting properties.
So there have been suggestions to increase restoration TDRs, those are the restoration
maintenance TDRs, from two to even three credits per five acres. But staff believes, again, this
will require further study on the credit system and the discussion of long-term maintenance of these
properties.
The third issue is connecting the buyers and sellers of these TDRs. Currently, the county
maintains a buyers and sellers list, and we roughly have maybe 4- to 500 TDRs available on that
list now. We need to adjust that for changes in the last year or so.
And the community has suggested a single entity be responsible for those transactions such
as a Transfer of Development Rights bank, and many of you may have heard of that; however, the
Board did not direct staff to pursue that as an option. So we believe that we need further study and
discussion on that topic.
CHAIRMAN FRYER: Within that time frame -- and it's undoubtedly going to take some
time -- there will be applications filed for development, and once they're filed, presumably, the
developer would have a vested right in being able to proceed under the current rules rather than
what might be more restrictive.
Would you indicate what, if anything, you know about the future timeline and whether
these studies could come forward before rights get vested in the more relaxed rules.
MS. MOSCA: Well, what we've done by, you know, retaining the existing conditions for
the North Belle Meade and Belle Meade, again, those are the areas we're going to see the greatest
development possible. What we've done as part of these amendments is to suggest that we initiate
a study within two years. So we're really looking at a comprehensive approach to planning these
areas so we can address infrastructure, we can address the mix of uses, and that includes the
capture rate that Michael talked about.
So we want it to be sustainable. We want it to be, like -- I know you all don't maybe
perhaps like the term "smart growth," but you want to offer multiple modes of transportation. We
want to look at the possibility of increasing residential density, for example, what was proposed as
part of these amendments, four to seven dwelling units per acre. And it may be, in fact, doable,
but we would really rather include all the stakeholders in that process and plan it correctly.
CHAIRMAN FRYER: Well, I'm one who likes the term "smart growth." Of course, I
have my own definition of it, as we're all entitled to. And it seems to me that the restudy
recommendation of four to seven would have been optimal. And I understand staff's response that
we don't have the infrastructure yet to serve that kind of density.
I just -- I'm thinking out loud here. Maybe it's a legal question. Is there some way to lay
down a zoning in progress so that -- so that if the rules are changed after someone files an
application they would be subject to those new rules?
MR. KLATZKOW: No. Unless you're expanding their development rights. It's like the
conversation we had at the last meeting where Mr. Yovanovich is asking to be excluded from this
but allowed to do that. If you want vested rights, you can have vested rights, and they're
determined at the time of the application. But afterwards it's -- unless you're expanding
developmental rights, no, it's -- you can't limit people.
CHAIRMAN FRYER: Yes, it's a conundrum.
MR. KLATZKOW: Well, it's an economic investment. I mean, I make an investment in
a parcel of land based on the developmental rights. The government can't come in and then just,
like, strip me of my benefit of that investment. That's what Bert Harris is all about.
CHAIRMAN FRYER: Understood completely. It's just a point of frustration for me, and
I think the solution is for our already overburdened staff to work even harder to get this study
completed so that we can put the new rules in place with respect to smart growth, and in this case
density, in time to catch all the new developments that are going to come in. Just an expression of
hope.
Commissioner Fry.
COMMISSIONER FRY: Michele, it's, I think, a good time to take this to a point of being
less esoteric to being a real-life example. So let's say that I'm a -- first of all, I guess in the Rural
Lands Stewardship Area there are eight main property owners that own a lot of that land. What is
the makeup of the ownership of the sending lands in the RFMUD? Is it a small group of people,
or is it a very large diverse group of people?
MS. MOSCA: It's actually a very large group of people. A lot of the property owners
have five acres, less than five acres, 10 acres, and then you have your trusts that have multiple
five-acre parcels. So there's many, many, many more property owners in the sending lands. And
I thought I had that number for you as an estimate, but I don't have it in front of me; whereas, the
Rural Lands Stewardship Area has few.
COMMISSIONER FRY: So you're talking about a lot of individual decisions by property
owners to participate in this program. So we started with an example of a 40-acre parcel that
generated 32 TDR credits. So maybe a -- maybe a more realistic example is a five-acre
parcel -- you said there are a lot of those -- that's owned by one person. So they have the
opportunity to earn four TDR credits. So I want to just go through what this actually looks likes in
real life.
So I have a piece of land. I haven't built on it, but it's got preservation value, so we want
to preserve it, and I'm willing not to build on it. So I do the -- I can earn a base credit. I can earn
a credit for early entry currently.
MS. MOSCA: Correct.
COMMISSIONER FRY: Or it will be two in the future --
MS. MOSCA: Correct.
COMMISSIONER FRY: -- for base credits. Then I have to create a plan to restore it if I
have nonnative vegetation on it and to maintain it, and then I get another credit for that. And then
if I convey, which means -- I guess I want to know exactly what that means. I'm going to say,
okay, Collier County or somebody else is going to take care of it into perpetuity. So I really have
no more use of the land. Do I even own the land anymore?
MS. MOSCA: If you convey it, no, you don't own it.
COMMISSIONER FRY: You're actually giving up ownership of the land?
MS. MOSCA: Yes.
COMMISSIONER FRY: So I've got these four credits. I have invested some money for
a maintenance and restoration plan, I would assume, and I'm going to sell these for 15- to $18,000
each? Is that the -- is that the current --
MS. MOSCA: Whatever the market rate is, the first -- again, the base credit right now is
25,000, but part of these amendments, the proposal has been to eliminate that, and that's in the
Land Development Code only. It does not appear in the Growth Management Plan. So there is
that proposal currently to eliminate that base credit cost.
COMMISSIONER FRY: So it becomes market rate?
MS. MOSCA: Correct.
COMMISSIONER FRY: Market rate on that?
MS. MOSCA: Yes. I do want to make one point of clarification. So, for example, if
you have the restoration and maintenance credit that you want to achieve, let's say you're in the
Belle Meade area south of I-75. The state is, in fact, purchasing or seeking properties. So the
state already has a restoration and maintenance plan. So what I've been told is that the individual
would not have to create that restoration and maintenance plan. That would go under the state
plan, and they would convey that property to the state. So it really depends on the area.
The biggest challenge, what I've been told, is the North Belle Meade area, those areas north
of I-75, and the limitation on the number of entities accepting conveyance. So that was what I said
in the last slide, some of those challenges with the program.
So looking at the Belle Meade area, in the North Belle Meade area as a whole, how do we
address those? And that's something we really need to target and process and get through and
understand how we can help that five-acre-parcel owner get those benefits. That's what the
program's about.
COMMISSIONER FRY: So we had -- I've been here two-and-a-half years, I think, and
we've had one RFMUD development come through where a developer had to go out and buy TDRs
for -- and I can't remember the name of the development, but it was Immokalee.
MS. MOSCA: Ventana?
COMMISSIONER FRY: Ventana Pointe. And I remember in speaking with him that it
was an arduous process to find and buy those credits. And that was, as I understood, the only time
we actually had a different entity that was buying the credits and supplying the credits; that the
other developments in the RFMUD had all been the same property owner, had the sending land and
had the receiving land, and they just -- so it was an easy transfer. Do we have evidence that this
program has actually worked to date or is workable in its current form or even the modified form?
MS. MOSCA: We do. I mean, I don't have the map in front of me -- and I can provide
that to you all -- but there have been transfer of smaller properties to other areas along Immokalee
Road. I'm trying to think of some of the names.
Ray, maybe you can help me out. They're just escaping me. Do you recall? Bent Creek,
right. So some of those properties in that area have utilized TDRs. So it -- I mean, to say -- I
mean, it is working. A TDR program takes a long period of time. This is not something that
happens overnight.
COMMISSIONER FRY: I believe with Ventana Pointe we had to actually make some
concessions in terms of density to make it work for the developer in that case. So as a property
owner that had five acres, I'm really looking at more or less selling that property for whatever I can
get for four TDR credits. Is that --
MS. MOSCA: You can do that, or you can retain the property and have the
existing -- let's say you have an agricultural use on the property, so you can do that as well.
COMMISSIONER FRY: Okay.
MS. MOSCA: But the objective really is to compensate those sending lands owners. So
the receiving lands owners are receiving that benefit of increased density. So I mean, really, we
need to target those sending lands owners and connecting those buyers -- I mean, those sellers with
the buyers in the receiving land, and that's another issue that I mentioned identified that we really
need to kind of target as one of our objectives during that additional study.
COMMISSIONER FRY: But you're here today saying -- you're recommending that we
approve these current amendments while saying that there are areas that need to be addressed with
further study, correct?
MS. MOSCA: Yes, that's correct.
COMMISSIONER FRY: Okay. Thank you.
MR. KLATZKOW: And there is a base level of development, right?
MS. MOSCA: That's correct.
MR. KLATZKOW: Okay. So this is just like RLSA. If the program works, and we're
trying to make it work, mazel tov. If the program doesn't work, you still have the base density for
people to develop. In the RLSA you've got large property owners, so it's much more easier to
accumulate the different rights than it is here where you have five-acre, five-acre, five-acre,
five-acre. The worst that happens is the program fails, which is okay because you've still get the
base density that hasn't been changed.
COMMISSIONER FRY: Right. But it's got to make economical sense for the property
owner that has a five-acre parcel.
MR. KLATZKOW: And it may not. It may not. I mean, we're going through
condemnation proceedings along the VBR corridor and, you know, acreage is going in excess of
$100,000 an acre. So if that starts getting there, you know, and these acreages start getting
towards, like, a half a million dollars for five acres down the line, I don't know how you separate.
COMMISSIONER FRY: Yeah, 100,000 in TDR credits is not going to --
MR. KLATZKOW: It's not going to happen. It's just a question of economics. But
that's okay. I mean, we do have the base density. We're just trying to create a smart growth
alternative for the area that may not work because of just the ownership pattern.
COMMISSIONER FRY: Okay. Thank you.
MS. MOSCA: So Anita placed the spaghetti map strap -- map -- that's a tough one to say.
So here are all of the TDR severances that have entitled. So here are your severances here and
here that have been entitled development, right. They're along Immokalee Road. So you can see
that the program is working. People are severing their TDRs. So I just want to provide that
additional information.
COMMISSIONER FRY: It's a bit of a miscellaneous assortment of properties that are
dispersed all over the place that are being -- their credits are being aggregated into these receiving
lands.
MS. MOSCA: True. Yeah. What I've noticed just from the short time that I've been
working on this program is that there are a lot of land trusts out there that seem to be doing a lot of
the transactions. Again, that's why I wanted to bring to the forefront that there is that need to
address those property owners that have just the five acres. So they don't hold, you know,
hundreds and hundreds of acres. So I just wanted to mention that as well.
COMMISSIONER FRY: Well, what is the general nature of these land trusts that you're
referring to? Tell me how they come about and who owns them.
MS. MOSCA: We have a database of all of the sending lands properties. We have a
couple of land trusts that own, you know, five-acre parcels, 10-acre parcels, and so forth. And
what they do is they either sever the TDRs themselves, or they sell the property, such in the case of
Ventana. That was through a trust, and that trust owns many parcels throughout the sending lands
in the North Belle Meade area, and that's how Ventana Pointe was able to acquire the TDRs to
entitle their development.
COMMISSIONER FRY: So these are business ventures where they are acquiring
properties with the intention of severing rights and selling the TDRs?
MS. MOSCA: Well, I think some of the trusts have owned the properties for a long
period of time, so I can't say that is necessarily true. I just don't know.
COMMISSIONER FRY: A combination of the value of the land plus severing TDRs
when strategically profitable for them.
MS. MOSCA: Sure.
COMMISSIONER FRY: Okay. Thank you.
MS. MOSCA: So what I'd like to address now are the stakeholder comments. And I
know we have a couple members of the public that will likely want to discuss these as well. We
had a two-week period after staff prepared these amendments, sent them out for review by the
stakeholders, and they provided us some comments. Some of these comments include
increasing -- and I mentioned this earlier, increasing TDRs for restoration and maintenance. And,
again, the concern from staff would be, sure, we could increase those TDRs, two TDRs, three
TDRs, four TDRs per five acres. The property owner's required to move -- let's say, remove the
exotics, okay. So they achieve that level, and then what happens a year from now? Two years
from now? Sometimes those exotics -- I mean, they have a restoration maintenance plan. They
have to come in and, you know, address the removal and so forth. But from a staff perspective,
we're really looking at the long-term maintenance, and if we just throw out three TDRs for
restoration, we really need to make sure we have the correct balance in the TDR system.
Another one is to increase density outside of rural villages from one unit to two units per
acre. So where we have the infrastructure is in the north part of the county. So in the north
receiving area and the northwest receiving area, we have the infrastructure. So we have suggested
going ahead and allowing the two dwelling units per acre outside of those rural villages. And
there's not a lot of development that can occur in here.
So from a staff perspective, transportation, utilities, and so forth, it's something that is, in
fact, doable. But then we look down here in the Belle Meade area, in the North Belle Meade, we
don't have the infrastructure; we just don't. So to increase to two dwelling units per acre, that
potentially could impact the infrastructure. And we don't want to put that on the books until we
fully study those two areas.
Then another was expand affordable housing opportunities to neutral lands. We all like
affordable housing, but the intent was never to increase residential density within the neutral lands.
So we are proposing an increase in the receiving lands where we feel it's appropriate. So I'll leave
it at that.
And then provide TDR incentives for public benefit. Certainly, that's something that we
can think about, but we do need to address the overall TDR system and make sure we have a
balance, and that's supply and demand.
And then we had another individual that wanted to expand industrial uses along the East
Trail. So right now we have this area right here. It's rural industrial, and it's outside of the Rural
Fringe Mixed-Use District. And, sure, you know, we're looking at opportunities to increase
employment.
I spoke with the gentleman that owns property here. I'm not sure exactly what he'd like to
do with the property. He did mention outside storage. Now, we've recently gone through -- and I
don't know if you-all are familiar with the East Naples Community Development Plan. They're
opposed to any new outdoor storage.
So we have concerns about expanding this. It might be necessary for the individual to
come in with a Comprehensive Plan change so they can identify the types of uses or if, in fact, an
expansion in this location of industrial uses is appropriate. We just don't know that at this point.
Is there a demand for industrial uses? Probably. But is this the location for that?
Okay. And then we also have -- one of the other ones was eliminate TDR usage for
increased densities with the Growth Management Plan amendments. So you'll see that in the
resolution itself. So in order to create a market for additional TDRs, there's a recommendation to
require TDR usage if, in fact, a developer comes in and says, I want to increase residential density.
So we could keep that, and we could make exceptions to the rule as projects come in. I mean, that
can be done a number of ways.
Finally, let's talk about some of the recommendations. So staff is recommending that the
Planning Commission forward these amendments to the Board with a recommendation to transmit
to the state as provided in the resolution, Exhibit A, adding the Belle Meade hydrologic
enhancement map and text to initiate the Belle Meade study within the two-year period, and that's
identified on Page 8 of the staff report.
And I know, Mr. Chairman, we had some additional discussions. I wasn't sure
how -- we're supportive of those recommendations. I wasn't sure if you wanted to go through the
resolution itself, or do you want to make those recommendations now, or would you like staff to
bring them up? I don't want to put you on the spot.
CHAIRMAN FRYER: Well, thank you. I was prepared to bring them up when we ask
our questions, but if staff would prefer to address them proactively, that would be fine with me as
well.
MS. MOSCA: Okay. I can do that. So we met with Commissioner Fryer. He had an
exception to the usage of TDRs for Growth Management Plan amendments to increase residential
density. He asked about affordable housing.
So within the urban area currently we have the density bonus provision that would allow
for increased affordable housing opportunities. So we can make that exception to affordable
housing. So if, in effect, a developer wanted to come in and increase that above 12, we would
make that exception.
And then on Page 22 -- I'm sorry. This is on the resolution. I'm going back and forth.
So with the greenbelt, as part of these amendments, there was a recommendation from the public, I
believe, to eliminate the greenbelt. What staff did, because we believe that it's necessary to
provide that transition, that we would add an averaging, which is -- and we can get to the
resolution, which we would ask to put 100 feet in there, and then there was some additional
language -- Commissioner Fryer, if you can help me out, there was some language in that same
paragraph that was incorrectly struck through, so we need to add that back in. And, again, if
you-all want to go to your resolution, or we can go to that afterwards.
CHAIRMAN FRYER: Yeah. When I have my comments, we'll cover it.
MS. MOSCA: Okay.
CHAIRMAN FRYER: Thank you.
MS. MOSCA: Sure. So in addition to the proposed Growth Management Plan
amendments, staff will also be preparing Land Development Code amendments following the
adoption hearings to implement the Growth Management Plan amendments and to improve
program processes and procedures.
After that, here are our next steps. So these transmittal amendments will be going to the
Board in September. They'll be transmitted to the state, and typically that's a 30-day review
period. Then you'll get a second look at these amendments. And we're hoping to get those to you
by the end of the year, and then the Board of County Commissioner adoption hearings likely at the
beginning of next year, and then we'll see a compliance finding, hopefully, by the state.
COMMISSIONER FRY: Why so long to go to the county commissioners; four months?
MS. MOSCA: Well, we talked about -- there's, obviously, the month off in August. We
do have a backlog of planning petitions. So if we can get to them sooner -- there's only one
meeting in July and there's no meeting in August. And so we're kind of trying to address the
petitions that are in the pipeline now.
COMMISSIONER FRY: Thank you.
MS. MOSCA: So with that, that completes or concludes my presentation.
CHAIRMAN FRYER: Who has questions? Comments?
(No response.)
CHAIRMAN FRYER: All right. I'll go through mine. Overall, I'm quite pleased with
this work. I think it's a significantly -- significant improvement over what we have now, and I
commend staff for your work. My first question is on Page 3 -- I'm going to use the numbering of
the staff report, because my other numbering, I've got Packet Page 2482, but that's a previous
packet, because the current packet only goes up to 2208. So on Page 3 --
MS. MOSCA: I'm sorry. I'm sorry. Is this Page 3 of the staff report or the resolution?
CHAIRMAN FRYER: Yes. And it's Roman IIB, captioned Rural Fringe Mixed-Use
District. And this is just a point of clarification. It was answered to my satisfaction on Tuesday,
but I wanted to raise it so that we make a public record of it, the reason why the 93,000 acres was
reduced to 77- and some change. And if you could just give us a short reply to that, Ms. Mosca,
along the lines of what you told me, that would suffice.
MS. MOSCA: Happy to. So the original study area was over -- what was it, over
90,000-some-odd acres. There were some areas around, for example, Corkscrew that are not
included in the actual district. So it's just the difference of the original study area versus the actual
Rural Fringe Mixed-Use District acreage.
CHAIRMAN FRYER: Were there some state lands that were --
MS. MOSCA: There are some state lands within there as well, yes.
CHAIRMAN FRYER: Okay. But that's what accounts for the difference in the acreage.
MS. MOSCA: Yes. And, you know, Commissioner Fryer, I'm sorry. My numbering is
different, so I'm going to sort of struggle through this.
CHAIRMAN FRYER: Okay. Well, I apologize.
MS. MOSCA: Nope. That's okay.
CHAIRMAN FRYER: Then my next one is on, I guess it's Page 4, the very next page of
the staff report where the language currently says, any Comprehensive Plan amendment to increase
residential density within any of the subdistricts in this district shall only provide for that density
increase via utilization of the Transfer of Development Rights program. And I think it's your
intent to also include the opportunity to increase density through affordable housing. And I just
wanted to be sure that we made that clarifying point. And it could be made in a variety of
language changes, very simple things, which I'd be happy to suggest one. That's the intent of staff,
correct?
MS. MOSCA: Yes.
CHAIRMAN FRYER: That affordability also be among the roster of things that would
lead to increased density. And a way of -- perhaps the easiest way of accomplishing this is just
putting the phrase, except as otherwise provided elsewhere, comma, or elsewhere herein.
MS. MOSCA: I just have a clarification. So when you say "except as otherwise
provided herein," so there's already the exception for up to 12. Were you proposing -- maybe I
misunderstood yesterday -- or Tuesday. Were you proposing to increase affordable housing
beyond 12 without the utilization of TDRs?
CHAIRMAN FRYER: No. I'm trying to cure what I see as a conflict in the language.
MS. MOSCA: Okay.
CHAIRMAN FRYER: And it could also be addressed -- excuse me. I'm losing my
voice. It could also be addressed by adding the expression at the end, "via utilization of the
Transfer of Development Rights program or through affordable housing." Maybe that's an easier
way; fewer words.
MS. MOSCA: I understand your objective.
CHAIRMAN FRYER: Does anybody have an objection to that?
(No response.)
CHAIRMAN FRYER: Okay. Hearing none.
All right. Then -- and it should be pointed out --
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes, go ahead, Commissioner.
COMMISSIONER KLUCIK: I would like to see exactly where that's inserted --
CHAIRMAN FRYER: Okay.
COMMISSIONER KLUCIK: -- and what the insertion is going to be.
CHAIRMAN FRYER: Yeah.
MS. MOSCA: Is it -- Commissioner Fryer, is it easier to go to the resolution, maybe,
where we had the strikethrough and underline? Would that be easier to follow?
CHAIRMAN FRYER: Yeah, yeah. Let's do it that way.
COMMISSIONER KLUCIK: Where is that in our agenda packet?
MS. MOSCA: It should be under the resolution in Exhibit A. Does anyone have the full
agenda packet that could provide a number?
CHAIRMAN FRYER: Conceptually, Commissioner, it says that -- right now in this
discrete section it says, the only way that you can get additional density is through transfer of
TDRs, and I want to add "and affordable housing," because the plan provides for that in other
provisions, but it is contradictory when it says "the only way."
MS. MOSCA: Well, I actually liked your verbiage where you said, except as otherwise
provided herein. I think that's clear and succinct.
CHAIRMAN FRYER: That's fine, too.
COMMISSIONER KLUCIK: Yeah. That makes sense "except as provided," because
then it -- whatever it is that we put in there, we're not limiting that, so that makes sense.
MS. MOSCA: Yeah.
CHAIRMAN FRYER: Yeah.
MS. MOSCA: Yeah.
COMMISSIONER KLUCIK: That's fine. I mean, I don't need to see more. Thank you,
Mr. Chairman.
CHAIRMAN FRYER: Okay. Thank you, Commissioner. It's 10:28. Let's take a
10-minute -- let's take a 12-minute break to 20 minutes of 11:00, and maybe we can find that
citation at that point.
Thank you. We're in recess.
(A brief recess was had from 10:28 a.m. to 10:40 a.m.)
CHAIRMAN FRYER: Let's reconvene, please. And where we were is I was asking
questions and so, by your leave, I'll continue doing that.
There is a reference -- and this is on Page 22 of the staff material. And it has to do with
the deletion of the greenbelt. I, for one, would prefer to see that language remain in there, but I
don't know how others feel.
MS. MOSCA: Well, what staff has done -- and we've worked with environmental staff,
and we think it's reasonable that the greenbelt not be less than 200 feet, averaging 100 feet in
width, and then the struck-through language on Page 22 to add that back in.
CHAIRMAN FRYER: Okay. Does anyone object to that?
COMMISSIONER FRY: No, sir.
COMMISSIONER HOMIAK: Which one are we at; the open space environmental
protection?
CHAIRMAN FRYER: This is E1 on Page 22.
COMMISSIONER HOMIAK: Okay.
CHAIRMAN FRYER: Then I go back. I'm backtracking a little bit. Also at the top of
Page 22 in little Arabic B it says, goods and services required, minimum of 53-square-feet gross
building area per dwelling unit. I mean, I think quantitatively, that's good. I mentioned
self-sufficiency a little while ago. And I'm not sure whether this commission or staff or the BCC
would have any appetite for expanding this substantively, but I wanted to raise the point anyway
and see what people thought.
When we require commercial uses, right now we don't require specific commercial uses or
we don't say commercial uses in order to enable the village or town or whatever to be reasonably
self-sufficient. And knowing the problems we have on our roads, the concept of self-sufficiency, I
think, is important and I, for one, would like to see a reference to some language in Sub B or
elsewhere that would require a developer to give some thought -- and I know I've got to be careful
because it could be a slippery slope. And I'm not saying that every development should have its
own Publix or whatever, but I just think the concept of self-sufficiency is already embedded in
other places in this -- in the Growth Management Plan. And I'd like to see some words dedicated
to it in this. What do other commissioners think?
COMMISSIONER FRY: I guess my question is, the term "self-sufficiency" means
different things to different people. So can we give it -- how do we give it some teeth? You're
looking for what exactly?
CHAIRMAN FRYER: My objective is to get more cars off the street so that people can
satisfy their basic commercial needs to a greater degree, not completely, but to a greater degree,
within their community. And I don't have exact language to offer, and I recognize the slippery
slopes and the ambiguity, but I just thought I would speak out for the concept, maybe not here,
maybe not now. But in so many cases, our roads, we are constrained. We can't -- you know, it's
impossible -- it would be impossible to widen roads. Eminent domain would be ridiculously
expensive. We couldn't do it. So we have to find other ways to get people off the road. And
that's where I'm coming from.
Yes, ma'am.
MS. MOSCA: Commissioner, what I was going to say, if it's a recommendation of this
commission, what we could do, as part of the Land Development Code amendments, define that
term, and you'll see that again.
CHAIRMAN FRYER: Well, that would be -- that would be quite satisfactory to me.
What do others think? Mr. Eastman.
MR. EASTMAN: I think your idea is excellent about having more commercial and more
business options available so that people don't -- we reduce vehicle miles traveled. I think the use
of the term "self-sufficiency" is potentially dangerous.
CHAIRMAN FRYER: It's already in the Growth Management Plan elsewhere, but I'm
not embracing it.
MR. EASTMAN: It seems like a tab to pull on for this, like economically viable for
people objecting to the development or whatever. And it may be -- it may be better to just allow
greater options for commercial and business uses and go that path because, ultimately, your goal is
an excellent goal, to reduce the vehicle miles traveled, and when these new developments happen
people can get goods and services closer to them is really what you're saying, in essence.
CHAIRMAN FRYER: Is there a consensus that we ask staff to consider putting this in
the LDC?
COMMISSIONER FRY: Well, when Mike Sawyer was up there, he expressed for Belle
Meade and North Belle Meade especially that internal capture be maximized for exactly that
purpose, because we didn't necessarily have the road infrastructure available. He didn't seem as
concerned for the north receiving area and the northwest receiving area. But would the term
internal -- "maxing internal capture" or something like that be kind of a little more succinct? He's
talking about -- and I guess self-sufficiency, to me, seems to be a rather general term. But I'd like
it also to be something that we can really work with in the future and have some teeth.
MR. KLATZKOW: Okay. Two communities. You have a community. It's the same
thing. One -- in the first situation, it's all populated by retired folk. It's easier to keep them there
if you provide essential goods and service near by. If that same community is with working
people, they've got to commute to work.
So here you are planning the same community not knowing who's actually going to buy a
house in there, and you will have two completely opposite results depending upon who moves in
there.
So I really don't know how a plan for 2045 we can figure out how we're going to put in any
factor that will affect the commutability of this thing, impact on roads, or anything else. Those are
going to have to be measured at the time we get development orders. And, again, it's going to
depend upon who's living there, modes of transportation, 2045.
I mean, I get 90 percent of my stuff off of Amazon now. I can't remember the last time I
went out to a department store. That's changed. It's -- I would caution to put -- be very careful
about defining these things at this point in time from a planning perspective. We just don't know
what the world's going to be like.
CHAIRMAN FRYER: Well, I take your point.
COMMISSIONER HOMIAK: More deliveries. More warehousing.
COMMISSIONER FRY: But you're talking about essential services. You can't plan for
whether people will be commuting to work or not, because that depends on who buys. But all
people do share certain basic needs for groceries and basic services, which would be a little bit
more of a finite list that you might work with. I don't know the answer, but I'm just thinking out
loud.
CHAIRMAN FRYER: Would it be acceptable to the Planning Commission if we asked
staff to think about this and see if there might be language that would accomplish the objective
sought without creating unintended consequences? And it may well be that there is no such
language.
COMMISSIONER HOMIAK: You can't force commercial, though.
COMMISSIONER FRY: It's market driven.
COMMISSIONER HOMIAK: It's market driven. That's it. If nobody's going to
support it, it's not going to be there.
MR. EASTMAN: But if it were just an option. Greater choices available.
MS. MOSCA: Well, staff can look at that. We'll work with Transportation staff, and we
can come back to you with something.
CHAIRMAN FRYER: I went into this knowing that there were potential pitfalls, so
I -- but I wanted to mention it and see what others thought and see whether we couldn't --
MR. KLATZKOW: The key focus is to figure out how many people we want here, right?
We're at that early enough stage of development. So how many people do we want populated
here, all right, understanding that you've got a base density?
And once you figure out how many people are going to be here, we start planning for the
infrastructure: The water, the roads, everything else. That's where we are right now. And the
focus should be is how many people do we want here, all right, and then we can plan everything
else around that.
Tom can plan the schools, you know. Eric can plan his water and sewer facilities. So
how many people do we want out here? And where we run into problems is that -- and I've seen it
in the RLSA -- we keep increasing and increasing the density there, and you can't plan when you
do that. It just falls apart because you can only put in so many roads, you can only put in so much
infrastructure to begin with, and you come up with plan. How many people do you want? And
then stick with it. The commercial will come.
CHAIRMAN FRYER: Point taken. Thank you.
Anything further, ma'am?
MS. MOSCA: No, sir.
CHAIRMAN FRYER: Okay. Anything -- any further questions from staff? I really do
believe that this is an excellent piece of work that you've brought forward, and thank you for that.
If staff has presented all it wants to in its initial presentation, it would be time for us to hear
from the public, I believe.
MS. MOSCA: Yes.
CHAIRMAN FRYER: Do we have any members of the public who wish to be heard?
MR. YOUNGBLOOD: Mr. Chairman, we have two speakers from the public. The first
one is Bob Mulhere followed by David Torres.
CHAIRMAN FRYER: Very good. And Mr. Mulhere has requested additional time, and
I have granted it because he's representing several owners.
Go ahead, Mr. Mulhere.
MR. MULHERE: Don't start the clock yet.
Thank you, Mr. Chairman.
I do have a brief presentation. Michele has answered some of the questions, so I won't
spend a lot of time on those where I've gotten some answers.
I just wanted to say at the outset that, I don't know, I think it was in 2012 or 2013 I and
Bruce Anderson -- some of you know Bruce -- we worked together on behalf of a Rural Fringe
Coalition, that was a group of landowners, to prepare a white paper. Not the white paper Michele
referred to, but a white paper on behalf of those landowners.
We made a presentation to the Board of County Commissioners. They accepted the white
paper. Didn't really address any of the 24 recommendations we made. They supported some
verbally but said, look, we accept this, and we think we should do a restudy. That restudy on the
Rural Fringe Mixed-Use District morphed into four restudies, and here we are at the end of the
line -- even though we started the process -- seven years later now finally looking at the Rural
Fringe Mixed-Use District. So I thought I'd give you a little bit of history.
When we talk about doing a study in two years, add 10 to it, unless it's very specific.
So let me just say, I represent a number of landowners out there. Some of these I'll tell
you who I'm specifically representing, because they really apply. For example, Lipman Family
Farms; Jamie Weisinger is in attendance.
And in other cases, I do want to disclose that there actually is -- the county has hired
Tindale Oliver to do an assessment of alignment and land uses and other planning issues in the
North Belle Meade. So where Wilson Boulevard will come down, it had been planned to come
straight down. Perhaps it may go further west at an earlier point to serve that area. And I am a
sub-consultant to Tindale Oliver. So I won't speak to any of those issues because, obviously, I'm
working on behalf of Tindale Oliver who's working on behalf of the county, but I did want to
disclose that.
So the first recommendation that concerns me is this limitation on private-property rights
here, which is this policy that says any comprehensive plan amendment to increase residential
density within the subdistricts in this district shall only provide for that density increase through the
utilization of Transfer of Development Rights. I think that that is -- that can be decided as a
particular GMP amendment is submitted. If there is a proposal to not use TDRs, you can make a
decision -- a recommendation, and the Board can make a decision not to support that; however, if
we look at one that you've looked at for transmittal recently, which was the Immokalee Road Rural
Village, the environmental -- the nongovernmental environmental groups have supported a bonus
for restoring the farm fields, the 80 or 90 acres of farm fields, which you agreed with and which the
Board agreed with, at least at transmittal.
So there are going to be examples where there are public benefits, significant public
benefits, that may warrant some density increase that may not be exactly tied to a TDR. So I think
this is an overreach in my opinion. And you can look at it on a case-by-case basis.
This is another, I think, potentially problematic recommendation which is the requirement
that -- well, I mean, it depends on whether or not there's support to really look at in a relatively
short period of time or to commence a restudy or a further study -- excuse me. I don't want to
overuse that term "restudy" -- in the North Belle Meade and Belle Meade areas.
So to suggest that you start that study maybe in two years means we're talking five to seven
years. I can tell you that Lipman Family Farms is interested in moving forward on an expeditious
path. Now, sure, they may continue to farm for some period of time, but they also may elect to
convert some of their land to another use that's allowed for under the Rural Fringe Mixed-Use
District. They are willing to participate if the county is interested in sharing the cost for that
assessment.
You heard Eric Fey say the county will provide water and sewer. They have to plan for it.
That's what we do. That's what the county always does. They look at where -- as Jeff said, they
look at where the population's going to go, and then they plan for that.
And there is always an opportunity for a public/private partnership in that -- at least in my
opinion, in that process. Whether it's fronting some of the costs for the infrastructure
improvements, whether it's providing for stormwater management within the system for roadway
widening, but you see that all the time, so there is that opportunity.
So if that's going to happen expeditiously, we would more than willing -- I'm speaking now
on behalf of Lipman Family Farms -- to participate in that process either financially -- certainly
we'll participate, but even financially, because there will be some costs for that assessment.
COMMISSIONER FRY: What are you asking for specifically, Bob?
MR. MULHERE: I'm just asking for a very certain time frame to commence that, and I
think two years is too long. I think commence it within 12 months, and let's get moving on it,
because what was two years before has turned in -- to be seven or eight or nine years now.
COMMISSIONER FRY: And you're addressing that to North Belle Meade?
MR. MULHERE: I'm addressing that to the Belle Meade and the North Belle Meade.
They've already started a study in the North Belle Meade. As I said, Tindale Oliver's been
engaged to do that study.
CHAIRMAN FRYER: The language that you quoted is the same language that I had --
MR. MULHERE: Yes.
CHAIRMAN FRYER: -- raised with respect to affordable housing and --
MR. MULHERE: Yep.
CHAIRMAN FRYER: -- and we added a proviso for that. What if -- and this may not
work legally, and so, obviously, I want to know what the County Attorney says as well as other
commissioners, but what about adding language that would say, except as otherwise provided
herein or in furtherance of public benefit or something like that?
MR. MULHERE: Well, that's what I suggested. And I have a slide that talks to that.
There are -- I'll show it to you in just a minute.
CHAIRMAN FRYER: Okay. Okay.
MR. MULHERE: You know, staff's recommendation not to increase the non-village
density from one to two except along Immokalee Road, I see no reason why you couldn't increase
it to two. You must demonstrate that there's adequate infrastructure. We have a process for that.
That's what we go through. That's either a Comprehensive Plan amendment or a rezone. If there
isn't adequate infrastructure, you can't go forward. You can entitle your land. You simply can't
go forward. It's called concurrency.
So, I mean, I do understand the recommendation that we don't have enough information
and we should do a restudy but, again, that goes back to my suggestion that that be in a time-certain
and it be done pretty quickly, not extend it out over a long period of time. It will take a couple
years to do that analysis, which I understand, but let's start it sooner than two years.
This is, I think -- this recommendation, I think, has a lot of potential unintended
consequences. So the idea that anything that's 300 acres or greater must be a rural village means
that anything that's 300 acres or greater will have to have commercial uses, and I understand the
basis for that. But you could have -- you could have a commercial -- a neighborhood commercial
development that was always intended to serve the surrounding lands as well.
If you look at the Rural Fringe Mixed-Use District and you see the locations of those
receiving lands, they are surrounded by -- on the east by Golden Gate Estates, and those were
always intended to serve those communities as well.
So there's not going to be a market for the requirement of neighborhood commercial in
every single development in the RFMUD that's 300 -- that's 300 acres or greater. It makes no
sense. You could certainly require it for a higher number, maybe 1,000 acres. Right now there's
no requirement. It's a voluntary program. But if you want to require a project of a certain size be
required to provide commercial, 300 acres is too small.
So you're not going to get what you want. And if you did get it, it likely would not
succeed in the marketplace, which was already mentioned by some of you. You know, there has
to be demand for that use; otherwise, you're asking somebody to build something that's not going to
succeed, and then you're forcing them to come in and develop a whole bunch of 299-acre
non-village developments as opposed to maybe a larger development that could be served by some
commercial that's in that area. So 300 acres is way too small in my opinion. I could support
looking at providing commercial services for projects that exceed 300 acres, but requiring it doesn't
make any sense to me. Maybe that becomes an item that you can consider on a project that's
300 acres or greater.
So just looking at this map here, I think as Michele said, you know, the northernmost
receiving lands, assuming that the Immokalee Road Rural Village goes through and that's, you
know, still in the works, it's still being reviewed, it will have to come back for adoption and rezone,
that whole receiving area will be spoken for.
And the next one, which is -- let's see. I can't find the -- well, right here, that one has been
developed through the use of TDRs, and it's been developed in other than a village. There's really
no room left to develop that, so you won't get one there. You will get one here potentially in the
North Belle Meade. But, again, I agree, there has to be further assessment because right -- and
that's going on right now, again. The initial part is going on with the county's engaging Tindale
Oliver to look at corridors and land use in that area.
So down here, again, if we're going to look at that, it's a very large area, thousands of acres.
And if you require a minimum of 300 acres to have commercial uses, you're probably going to
have a whole bunch of projects in here that will be -- that will not be sustainable in the marketplace
at that 300-acre level.
Better to plan it more holistically. You're still going to reduce the vehicle miles traveled
and external trips, but you can't be completely self-sufficient. As Jeff said, people have to work.
Maybe not everybody, but a lot of people have to work. And they're going to leave the
development for various reasons, unless you can import the beach and all the employment into one
location.
Let's talk about this ag preservation TDR bonus. I think that requires a lot more
assessment. One TDR per five acres. Would you give up perpetually all of your future
development rights for $20,000 on five acres? No one's going to use this. It's not sufficient. If
you want someone to agree to do an ag easement and limit the use of land, you either need to
consider, which is done in some places, a time frame -- it's not perpetual; 20 years -- or there has to
be more than one TDR per five acres. You might as well not -- it's not going to happen. There's
not enough value in 20- or- 22- or 25,000 on a five-acre ag parcel.
In sending, because of the environmental value, you're giving up to four TDRs. So, you
know, ag has a lot more economic generation of value to the landowner. So there's not enough
incentive there. It's not going to happen. It needs more study. Come up with something that
works.
MR. KLATZKOW: What you're saying is it needs more density.
MR. MULHERE: Or some other value, yes, yes.
I mean, it's -- if we want to preserve ag, it's a worthwhile policy objective, but if it's not
going to work, then we're going to be back here in five years saying, how come this didn't work?
Let's do a little more time to analyze that.
So this slide here -- unfortunately, I haven't done a good job. I did this last night at 4:00.
But the ag -- the rural industrial area that Michele references right here and, technically, that's not
part of the Rural Fringe Mixed-Use District, because it's designated industrial. And as Michele
said, she's got language to encourage locating targeted industries in the Rural Fringe Mixed-Use
District.
But I'm here to tell you there are a ton of small businesses that can't find place to locate
their business that aren't qualified uses under the state statute definition: Subcontractors,
contractors landscape companies. All of these people, they call my office all the time. This is
anecdotal, I realize, but for the last 20 or 30 years, we've been talking about expanding
industrial-zoned land in this county, and it hasn't happened.
So the proposal here was to allow in the Comp Plan a policy that would allow for
expansion of this rural industrial area to adjacent lands. Michele's concern is a valid one. It has
to be compatible with the other adjacent lands if you're going to expand it. My point is, why not
put a policy in that allows for that? You're still going to have to -- and require a PUD zone or a
rezone to industrial.
You're still going to have the opportunity to look at that as part of the rezone. You're
going to be able to determine whether or not that rezone has appropriate uses and has other
elements that will make that expansion of the industrial area through a PUD or straight industrial
zoning compatible with surrounding lands.
The property owner still has to go through a rezone. It still requires a supermajority vote
at the Board of County Commissioners. It just doesn't take as long as a full-blown Comprehensive
Plan amendment to do that. And right now you're probably talking about 12 to 15 months to get a
rezone. If you're doing a Comp Plan, it's probably two years.
So I don't know why we wouldn't allow that when you have the ability to look at that on a
site-specific basis. And this is the only place where you have that rural industrial in the Rural
Fringe Mixed-Use District. This is the only location.
The client that I represent, Keith Basic, owns this TTRBC zoning right here and would like
to expand that. Now, sure, he can submit his own Comprehensive Plan amendment, but I don't
know why -- it doesn't make sense to allow that by policy in the Comprehensive Plan and then look
at the details of compatibility of uses. That's what you do during the rezone process.
So some general considerations or concerns that I have -- and I think the staff did a very
good job. It's comprehensive. You know, there are things that are difficult. That's why they
haven't been addressed. There are some issues that are very difficult to get your arms around.
For example, the balance of sending credits and receiving. Look, if in the marketplace a
developer, if you want to use that term, wants to develop land in the rural fringe but he can't make
it work because he has to acquire these TDRs and the cost of that just doesn't make sense at one
unit per acre outside of a village -- we know that's the case -- and you increase the density, then you
also need to increase the amount of credits, of sending credits. You have to remember that a
principal objective of the Rural Fringe Mixed-Use District was to make the sending landowners
whole to compensate them for the loss of value.
I don't know -- it wasn't said, but sending landowners had their density reduced from one
per five to one per 40 as part of this process. They lost significant value, except that if you owned
a parcel that was less than -- or five acres or -- it was less than 40 acres, you could still develop,
you know, one unit per acre even if you had two acres or five acres. But the density was reduced
to one per 40. And to compensate in a legally supportable fashion, the county adopted the TDR
program. So if there's no demand for these TDRs, then you are not compensating those sending
landowners. They've lost value, and they haven't been compensated. So really the --
MR. KLATZKOW: How have they lost value if they retained the base development
rights?
MR. MULHERE: They don't retain the base. They went from one per five to one per 40,
Jeff. They lost value. That's why the TDR program was adopted.
So there was a loss of value. That's why it was adopted. So it has to be -- it has to work.
And it's a difficult -- it is a difficult thing to consider; whereas, in the RLSA you're 100 percent
correct; it's purely voluntarily. This was labeled as a voluntary, too. Well, it wasn't voluntary to
reduce the density on sending lands. It was mandated. And I was involved and part of the
process to write those. So I can tell you, it was a reduction in density and uses; a lot of uses were
taken away as well. And it's appropriate because that's highly valuable environmentally sensitive
land. You saw the map. Those are protected. But if it doesn't work -- if there's not interest in
the receiving lands to acquire those TDRs, then they will not -- they will not be compensated.
So I think there's a little bit more in terms of understanding how many TDRs will be
necessary. The staff evaluation of how many will be necessary assumed that only 60 percent of,
for example, the Belle Meade -- which is not only the Lipman family, but there are other significant
landholders in the Belle Meade. I disagree with that. Over the long period of time, it will be
100 percent -- a desire to use 100 percent, whether that's to entitle 100 percent of that land. That's
going to require a lot more TDRs than are available.
So I think that there needs to be a little bit more study in the amount of TDRs. You know,
keep in mind, we keep saying that you can get four TDRs, but right now it's very difficult to get
four. That fourth TDR, that conveyance credit, is very difficult to get.
Now, there are some locations where the state is willing to acquire the land, and there's
some locations where the county even has acquired the land but, for the most part, it's difficult,
especially on the smaller parcels. Nobody's interested in buying five acres isolated here or even
having it gifted, because they have, then, the ongoing maintenance costs.
So that -- I don't think you can -- when you do an assessment, you can't count, you know,
that fourth TDR as something that's even achievable. So I do think -- you know, and I'm happy to
get with staff between now and the next meeting or even between now and adoption. I don't know
if you'll approve these today. If you do, then I'll be happy to get with them before the BCC
meeting.
Let's see. I'm closing up now. I appreciate the extra time.
Mr. Chairman, you asked about the public benefits. I said here in the second bullet, why
not include TDR incentives for significant public benefits? I say, regardless of the designation,
really, it mainly applies to the receiving lands. Some examples include providing easements or fee
simple title to land that can be used for public benefits such as flowways. There's long been a
desire to have some flowway improvements in that Belle Meade to let that water that traditionally
runs north to south go under Tamiami Trail, and that could have habitat value as well, depending
on the width of it. So that's one.
Restoring disturbed lands. We talked about the farm fields in the Immokalee Road Rural
Village as an example. You have that situation. Maybe -- when the Belle Meade develops,
maybe there's an opportunity to create some sending lands, to create some lands that -- it's a very
large -- it's 10 or 12 sections of land, maybe more.
Providing public trails, pathways. There's enumerable possibilities. So I think there
should be a policy added and quantified that talks about providing TDRs for public benefits and
enumerates what that is. And maybe you do that through the LDC, but you just have a policy that
says, you know, you're going to provide TDR incentives for public benefits.
COMMISSIONER FRY: Additional credits, Bob?
MR. MULHERE: Yes, yeah. I've suggested increasing that environmental restoration
bonus. I just want to make sure you're aware, if I own five acres or 10 acres or 15 or 20, I come
in, first of all, I've got to pay for the application to have the TDRs severed, reviewed, and there is a
legal review. There's a staff review. You've got to pay for that. And then I have to pay to have
that land, you know, restored, and then there's a maintenance cost to that.
So I'm a small landowner. I've got to spend some money. How much? I don't know.
Minimally 20,000; probably quite a bit more. Now, what am I getting back? Let's say it's a
five-acre parcel. It costs me maybe $20,000 to do the environmental restoration, and I can
generate probably only three credits. So let's say -- let's just give 20,000 a credit. That's 60,000.
It cost me 20,000, minimally. So now I have a return of 40,000. There isn't -- people are not
seeing a perceived value there. They'd rather hold onto their five acres and maybe build
something or sell it for more value other than the 40,000 net gain that I might get through this TDR
process.
So we have to look at increasing the number of credits, because even though the value may
come down -- if you increase the number of credits, the value per credit may come down, but if I
can get more, what I get as a return will be higher.
That concludes my presentation. I appreciate the opportunity, Mr. Chairman, for a little
bit extra time. Thank you.
CHAIRMAN FRYER: Thank you. And you might stay up here while we decide how
we're going to deal with this. You raised a half a dozen points or so. My first question is, have
you discussed these with staff? Has this been fully --
MR. MULHERE: Yes. I actually sent a letter. Everything I raised here, I
believe -- Michele will correct me if I'm wrong -- but I think everything that I raised here, other
than suggesting to you -- because we just discussed it. I just discussed it with Jamie Weisinger
from Lipman Farm -- the willingness to participate in this process now and to have a certain time
frame within which that study should commence, and participation -- and we can figure that out.
Whether it's helping to offset the cost of that assessment --
CHAIRMAN FRYER: Okay.
MR. MULHERE: -- that was new.
CHAIRMAN FRYER: I'd like to ask a member of staff to come up as we attempt to
decide how we're going to proceed with this. One thing we could do is -- Mr. Mulhere's raised
about six points. We could hear from staff on each of those or if --
COMMISSIONER FRY: What about the other public speaker?
CHAIRMAN FRYER: Oh, I know. I know. But just dealing with these points for now.
Also, another way that we could approach this is if we don't believe that it's been fully
thought out and talked through, if there could be progress made by having staff sit down with
Mr. Mulhere and his clients and bring something back to us that would reduce the number of these
objections or concerns, that's a possibility, too.
COMMISSIONER FRY: Ned, I just have a question. There's only one other public
speaker registered, I believe. And I'm wondering if we let him speak and then we kind of have all
the public comment. Maybe he had something that we want to bring staff in, and we could do it
all at once after this one other person speaks.
CHAIRMAN FRYER: I'm fine with that, yeah. Okay. We'll do that.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes.
COMMISSIONER KLUCIK: I have a question. I mean, just before you move on, but
that's fine. I don't want to interrupt what you're discussing now.
CHAIRMAN FRYER: Okay. Do we just have one more public speaker?
MR. YOUNGBLOOD: Yes, Mr. Chairman. Our final speaker on this item is David
Torres.
CHAIRMAN FRYER: Okay.
COMMISSIONER KLUCIK: Mr. Chairman?
CHAIRMAN FRYER: Yes, sir. Go ahead, Commissioner.
COMMISSIONER KLUCIK: Yes. So I just have a real basic question, and I don't think,
you know, our last speaker mentioned this. But I'm trying to figure out, so I thought this was kind
of a long process, and we're near the end of it, and I'm just trying to figure out why -- why is this
coming up now as, like, an addenda that we're patching onto something? And, fine, maybe it has
been something that was raised all along and, you know, the staff has just, you know, chosen to not
include it in their recommendation. But I would like to know -- you know, to have staff answer
that question as well as the last speaker. You know, I don't understand why we're patching
something onto something that seems like it was already in a form that had been vetted.
CHAIRMAN FRYER: Well, that's exactly why I wanted to get staff up here and find out
to what extent, if any, these issues have been fully argued and it's coming to us now in a point of
clarity where we can see the differences and make decisions or whether we need to send it back for
some more discussion, but we haven't heard from staff yet.
MR. MULHERE: So, Mr. Klucik, it's Bob Mulhere. I was the previous speaker. I'll
give you my perspective, and then staff can give you theirs. You know, we received the
draft -- the proposed draft amendments, I don't know, several months ago, two months ago. There
was about a two-week period to reply, and I think Michele mentioned that.
There were a bunch of public meetings -- when you say it was a long time, yeah, there was
four or five years of -- you may recall Kris Van Lengen who was with the county doing public
meetings and having studies. But we did not receive these draft amendments until about two
months ago. I replied on behalf of several clients in writing to Michele, which was requested
within that two-week period.
COMMISSIONER KLUCIK: Excuse me. Just let me, like, ask a real basic question.
So are you saying that what you're presenting today is really -- you wouldn't have had a reason to
present it previously; it really is -- it's responsive to the draft?
MR. MULHERE: Yes, that's correct. And I did have a couple a --
COMMISSIONER KLUCIK: Okay.
MR. MULHERE: Full disclosure, I did have a couple of conversations with staff,
telephone conversations, maybe a couple of chitchats in the hallway. I mean, there wasn't any real
discussion or change or opportunity to further discuss. There was basically "thanks for your
input." So, obviously, I have an obligation on behalf of my clients to raise these issues at this
public forum.
COMMISSIONER KLUCIK: Did your client participate in the process and, you know,
did they go to all those meetings?
MR. MULHERE: Oh, yes. We were the ones that started the process seven years ago
with the white paper that we presented to the Board of County Commissioners with 24
recommendations.
COMMISSIONER KLUCIK: But are you saying that what we have in front of us today
as the recommendation, you know, was novel, and so you wouldn't have known that this was going
to be in there and these weren't issues that had been discussed? Because what's not fair to us, in
my view, to me, as a commissioner, is to have a process come forward -- and we did it last -- at our
last meeting, and I don't like the idea that that's a regular thing, because then it -- then we're passing
something on, and it just doesn't seem like the process is supposed to work that way, and that's all.
And it doesn't allow us to make, you know, a prudent and measured analysis. You know, we're
voting on the fly on something that you're bringing before us. I mean, I realize, you know, you put
stuff in, and, you know, you submitted it --
MR. MULHERE: Well -- I'm sorry, go ahead.
COMMISSIONER KLUCIK: Yeah. And that's -- it's just frustrating to me as someone
who is then asked to vote on this. I just -- I don't appreciate -- and I'm not saying that it's your
fault. I'm just saying I don't appreciate that this is the process, because I don't think it's fair to us.
You know, we're supposed to be making wise decisions, and I don't know as this is a process that
leads to wise decisions.
MR. MULHERE: And I don't disagree with your comments, but the -- there were
some -- I wouldn't say everything is novel, and I don't have problems with everything. In fact, I'm
not necessarily disagreeing. I'm offering what I believe, on behalf of my clients, would be better
solutions to some of the recommendations.
So, I mean, before I saw those draft recommendations, I never saw a proposal to require a
rural village for any project over 300 acres. Before I saw those recommendations, there was
always, leading up to this since Ventana was approved, an agreement on the part of staff and a
suggestion by the Board that two units per acre would be appropriate.
Now, I fully understand staff's suggestion that they would withhold that in a couple of
areas until there is an assessment of the necessary infrastructure to support that.
What I'm suggesting is that should be more defined and more expeditious.
CHAIRMAN FRYER: I'm going to go back to my original idea, if I may, Planning
Commission, and ask for Mrs. Mosca to come up and give us the -- we're at a process point here.
We're not ready to decide what to do with the substantive issues. But I just want to know, you
know, to what degree staff had a full conversation with Mr. Mulhere and his clients on all of these
points.
COMMISSIONER KLUCIK: And, Mr. Chairman, if I could, just to Mr. Mulhere, I
certainly am not impugning Mr. Mulhere or his client as the reason, you know, for the frustration.
I'm just expressing that, you know -- and I don't know if fellow commissioners share the concern.
I just --
CHAIRMAN FRYER: Yeah, I think we do.
COMMISSIONER KLUCIK: This seems to be the point to bring -- at which -- you know,
it would be appropriate to bring up the frustration, and I certainly -- it does not at all mean that I
think it's Mr. Mulhere's fault or his client's fault.
CHAIRMAN FRYER: Understood. And so we'll hear from Ms. Mosca, and we'll
certainly get to the other speaker before we get into doing anything substantive.
Go ahead, ma'am.
MS. MOSCA: Again, Michele Mosca, for the record.
So I just want to address a few of Bob's points, and he does have some valid points.
CHAIRMAN FRYER: Well, first of all, I want to step up a few thousand feet and look
down.
MS. MOSCA: Okay.
CHAIRMAN FRYER: And the question is, is have you had full discussions with him and
his clients on these very issues?
MS. MOSCA: Yes.
CHAIRMAN FRYER: You have?
MS. MOSCA: Yes, except for Bob mentioning the shared expense of an assessment. We
haven't discussed that.
CHAIRMAN FRYER: All the other --
MS. MOSCA: But we've had discussions in the past, yes.
CHAIRMAN FRYER: All right. And in the course of those discussions, did you make
any changes that were favorable to his client that are baked into what you brought forward?
MS. MOSCA: We did not.
CHAIRMAN FRYER: Okay. But it was based upon the thoughtful consideration that
after hearing him you were satisfied with what you had?
MS. MOSCA: Well, I believe so. But to take it a step further, I think with that
recommendation to study the area further, both the Belle Meade and North Belle Meade areas, I
think we can address a lot of those concerns. Again, most of the development is, in fact, going to
occur in the future in those two areas. So I think we can address that. If the Board provides for
that year time frame, staff is okay with that time frame. We'd be happy to do that.
CHAIRMAN FRYER: Well, again, I'm groping for the way -- the best way to proceed
here. And if -- I see two possibilities. One is is that we continue this for further discussions at the
staff level, but that may be duplicative of discussions that have already been had. And if that's the
case, if things are fully baked, we could get the staff representative and Mr. Mulhere up here and
do a point and counterpoint and hear his objection and hear the response and try to make a decision
on these issues and try to get it resolved today. Obviously, after hearing the other speaker. So
what do you all want to do?
COMMISSIONER SHEA: I like what you said, point/counterpoint while we're here.
CHAIRMAN FRYER: Does that make sense?
COMMISSIONER FRY: Yeah.
CHAIRMAN FRYER: Okay. All right. So we'll ask you, then, ma'am, to stand down
for the moment --
MS. MOSCA: Okay.
CHAIRMAN FRYER: -- and we'll bring you back up. And now we'll hear from the
other speaker.
MR. TORRES: Hi. I'm David Torres with Hacienda Lakes of Naples.
We are a large landowner in the program areas. I would guess that we are probably the
largest company that has severed TDRs and that has used them. So we've been participants of the
program.
You know, I'd like to start saying, I mean, I thank Michele and Anita for driving this
forward. I mean, it's been a long time. I mean, I served as president of the Rural Fringe Coalition
that Bob referred to before. I mean, that it's been seven, eight years.
So I'm glad that we're here; however, I'm not glad with what we're coming out. You
know, the program has -- it has no liquidity. I mean, there's not enough TDRs. There's not
enough demand. I mean, there's got to be more demand and more supply. It's just difficult to get
things done. I mean, like you said, the guys at Ventana Pointe, it's true. I mean, anybody who's
kind of used the program, it's been like our situation. We have both sides of it.
So, I mean, I am not a fan of another study. I mean, I don't think we need it. I don't think
we need an outside consultant. I think Eric is fully capable. There's a lot of staff that's capable on
the infrastructure side. If staff would only kind of listen to the owners, I mean, we could get
something better done now without having to hope that another study gets done and we wait
another five, six years.
And it's not that -- we've sent comments as well. It's not that they haven't been talked to
with staff. It's more that I think staff decided this is the way they're going forward, and they're
going forward without any changes. And I truly believe that some of these things can be talked to.
The Belle Meade cannot wait. I mean, it's ready to get developed now. I mean, it would be a big
miss to wait; another study, wait for years.
And even though on the sending side it's difficult that you have a lot of small owners, you
know, those owners want more TDRs. They want more value. You know, they feel -- that's
when they're going to go into the program. On the other side, the receiving side is easy. The
Belle Meade has two big guys, the Lipmans and another company called Agri Serves (phonetic),
and then there is some scattered acreage. But for the most part, it's not that hard to get a couple
people in a room and see if something can be vetted out with staff without having to do another
study.
So I guess that's my comment. My comment would be, it would be nice if we could -- if
we could talk for the next 45 days and try to come up with something without really having to wait
for another study that is going to turn into another set of changes five years from now.
CHAIRMAN FRYER: Thank you very much.
COMMISSIONER FRY: Question.
CHAIRMAN FRYER: Commissioner.
COMMISSIONER FRY: I'm curious about your response -- your level of agreement or
disagreement with the points made by Mr. Mulhere as representing another ownership group.
MR. TORRES: Yeah. I'm in agreement with many of the comments that Bob's brought
to the table, but I don't want to say that I'm not in agreement with some of the programs that the
county wants to put in place. I mean, I think some of them are good. I think we just have to go
the whole way is what I mean. I think it's just -- we've waited too long to do these too small of
changes in my opinion.
COMMISSIONER FRY: Your main point is you'd like to see the -- Belle Meade or North
Belle Meade?
MR. TORRES: I'd like to see a resolution on the Belle Meade, personally. I think the
study's a mistake. I see us creating this two classes of receiving lands now. The guys on
Immokalee Road got preferential treatment. They get to go to two, and the guys on 41 get to stay
at one per acre. I don't see it. And traffic's worse up there. I don't see -- yeah, maybe utilities
and stuff for the south side, but I would say the road infrastructure's better on the south part of the
county. I may be mistaken, but --
And then on the other side, I think we just need -- we need a lot more TDRs. I don't buy
this whole basis that we create the program with less supply in the TDRs than there is demand. It's
just too hard to get them. And there are some good programs that they need. I mean, if they truly
need this Belle Meade flowway and everybody's excited about it, then give more TDRs for it.
And then give more for the exotic removal. It costs money. It doesn't make sense currently right
now, so...
CHAIRMAN FRYER: Okay. Thank you, sir.
I'm going to ask now for staff in the person, I guess, of Ms. Mosca or Ms. Jenkins, and
Mr. Mulhere take the other mic.
MR. KLATZKOW: Mr. Chair, may I interrupt, because we've got people outside
waiting?
CHAIRMAN FRYER: Of course.
MR. KLATZKOW: Richard has a request to make.
MR. YOUNGBLOOD: For the record, Rich Yovanovich.
The Comp Plan amendment and the zone requests for the corner of Santa Barbara and
Golden Gate Parkway, there's a lot of people here who are interested in that petition. We have met
with them outside. We would like the opportunity -- we have some proposed changes to the
petition, but I think it would be more effective if we can meet with them.
And so we're asking for a continuation -- or a continuance to the second meeting in June.
We may -- they want to have some time to analyze what we're proposing. We may come back to
you and say we still need a couple more weeks, but we're asking for a continuance till the second
meeting in June so we don't have to sit around, and I don't think it's fair to them or us to drop this
on you-all for the first time.
CHAIRMAN FRYER: Thank you. That makes sense. Any objections to a continuance
for the Santa Barbara --
COMMISSIONER SHEA: I think it's a great idea.
COMMISSIONER FRY: Why would we ever reject a request like that?
CHAIRMAN FRYER: Without objection, continuance granted.
COMMISSIONER FRY: I want to say thank you.
MR. YOUNGBLOOD: You're welcome.
COMMISSIONER HOMIAK: Do we need a motion?
COMMISSIONER KLUCIK: I am on the board.
MR. KLATZKOW: Could we make a motion, please.
CHAIRMAN FRYER: Sure. Is there a motion for continuance?
COMMISSIONER HOMIAK: Make a motion to continue those two items till --
COMMISSIONER FRY: Second.
MR. YOUNGBLOOD: Second meeting in June.
CHAIRMAN FRYER: Second meeting in June.
COMMISSIONER HOMIAK: Second meeting in June.
CHAIRMAN FRYER: Is there a second?
COMMISSIONER FRY: Second.
CHAIRMAN FRYER: Further discussion?
(No response.)
CHAIRMAN FRYER: All those in favor, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously. Thank you.
Okay. Perhaps if we could start, Mr. Mulhere, by going back, and I think there were about
six of them, roughly, to --
MR. MULHERE: Yeah.
MS. JENKINS: Mr. Chair, before we do that, Anita Jenkins, for the record.
CHAIRMAN FRYER: Yes, ma'am.
MS. JENKINS: I just wanted to clarify that this process is no different than all the other
restudy processes that you've had before you in that you have other interested parties providing
different ideas to you. So this is no different. And I wouldn't suggest that we need to continue
this to work things out. I think that we can do that here today and work through these. But this
process is no different. It's just a -- it's not an environmental concern.
CHAIRMAN FRYER: Well, I agree insofar as what you're saying is that we ought to get
this resolved today. And I'm hopeful that your responses to his issues can be succinct and stated in
a brief and clear and persuasive fashion so that we can deal with them and get to a point where we
can vote.
MS. JENKINS: Will do.
CHAIRMAN FRYER: Mr. Mulhere.
MR. MULHERE: Yep. So I think the first thing I raised was the outright prohibition on
any Comprehensive Plan coming forward to increase density unless it utilizes the TDR program,
which I think is fine. We do want to use the TDR program, but I think that there are going to be
unintended consequences.
I just -- I just don't know that that's necessary. You know, a property owner has a right to
come in and ask for a Comprehensive Plan amendment, and they can amend the language that
prohibits them from doing this. So, really, those things are addressed on a case-by-case basis.
CHAIRMAN FRYER: May I interrupt in the name of brevity?
MR. MULHERE: Sure.
CHAIRMAN FRYER: I think you're suggesting that in addition to the affordable housing
method of getting TDRs that I suggested that there also be language that provides for an applicant
the privilege of arguing for a public benefit.
MR. MULHERE: Yes.
CHAIRMAN FRYER: Okay.
MR. MULHERE: Yes.
CHAIRMAN FRYER: Is there objection to that?
MS. MOSCA: There's no objection, because the Board will look at that anyway with a
Comprehensive Plan change.
CHAIRMAN FRYER: Okay.
MS. MOSCA: So I don't object to that.
CHAIRMAN FRYER: Okay. Next point.
MS. MOSCA: The next point is the minimum size of 300 acres. If you're 300 acres or
greater, you must be a rural village. Now, what that means is that you must then provide -- you
absolutely must then provide neighborhood commercial and other uses based on the formulas that
are in here: 53 square feet per dwelling unit. And I do understand that, but -- the benefits from a
traffic perspective of internal capture and of reducing demand, but I don't think it's going to make
sense in every circumstance.
So my suggestion is you increase that acreage to 1,000 but you allow for consideration of
whether or not that makes sense on projects between 300 and 999 acres. So you are going to look
at it. If it makes sense, it can be requested or even required but not absolutely required on projects
that are 300 acres or above. It just doesn't make sense.
CHAIRMAN FRYER: Commissioner Fry.
COMMISSIONER FRY: So, Bob, you're saying there are -- what percentage of cases do
you think a 300-acre development would come in without commercial by preference?
MR. MULHERE: By preference? Most.
COMMISSIONER FRY: Most?
MR. MULHERE: Yeah. But I think a 500- or 600-acre or 700-acre project or 1,000 or
2,500 or 3,000, those will have the benefit. They can serve those smaller -- you're going to have a
bunch of 299-acre non-village developments, two or three right next to each other with no
commercial. It does not make sense.
COMMISSIONER FRY: We've experienced that --
CHAIRMAN FRYER: Yes, we have.
COMMISSIONER FRY: -- in the RLSA with villages versus towns.
CHAIRMAN FRYER: Before I ask Ms. Jenkins to reply, any other planning
commissioners want to weigh in?
(No response.)
CHAIRMAN FRYER: Okay. Ms. Jenkins.
MS. JENKINS: So when we first started looking at this, the requirement right now
provides for a village from 300 acres to 1,500 acres or 2,500 acres in some cases, but that's the
standard now. So a minimum to 300 and a maximum to 1,500 -- or 2,500. So that's what we
were looking at.
So the establishment was already there. So when we looked at the restudy, we said, well,
does 300 really work? We were asking the same question. So the research that we did led us to
what you see on your screen right now as one example, and that's Habersham, South Carolina, and
it's exactly 300 acres, and it's been nominated as, you know, one of the best neighborhoods in
America by the National Builders Association, and it is a 300-acre development that does provide
commercial and a multitude of different types of residences.
I will also say that that thought of requiring 300 acres was tied back to the white paper
where we were suggesting an increase of density, right. So I think when we're saying that if we're
not increasing the density until we look at this more specifically to look at the internal captures,
then maybe that requirement doesn't happen until we get to the more specific of the receiving areas,
because those two things were tied together; that if you are going to do a receiving area and if you
are going to do four to seven units, then you could support more neighborhood commercial in
300 acres. But if we're not changing the density right now and we're leaving it at one unit per
acre, then that's, you know, 300 or 600 units in a 300-unit -- or 300-acre project.
So I think that we need to consider if we're going to increase density, 300 acres may work.
If we're not going to increase density right now, that amendment might be more acceptable during
the re -- or during the study of the specific areas for receiving and how that would all shape out at
that time.
CHAIRMAN FRYER: Okay.
MR. MULHERE: May I just respond very quickly?
CHAIRMAN FRYER: Of course.
MR. MULHERE: I have no doubt that you can design and develop an award-winning
mixed-use project on 300 acres. That's not my point.
My point is that requiring every project that's 300 acres does not make sense. You can
look at it on a case-by-case basis. I think over a larger minimum size probably does make sense.
I agree with Anita. What she said makes sense. Since we're not going to -- we're not
going to increase the density as part of this and we're going to look at that, if this policy is removed
and we look at it as part of this next assessment, that works, too.
CHAIRMAN FRYER: Okay. Planning Commission?
COMMISSIONER FRY: This next assessment being the one that starts --
MR. MULHERE: In a year.
COMMISSIONER FRY: -- within a year --
CHAIRMAN FRYER: We hope.
COMMISSIONER FRY: -- partly funded by the Lipman Family Farms.
CHAIRMAN FRYER: And that, actually, was your next point, was it not?
MR. MULHERE: Well -- yeah. I mean, I heard what David said, and I think -- and I
think Anita agreed, too, that we don't necessarily -- that we can hash these things out now.
But I agree this is the process. You know, the staff gives us a draft. We review the draft.
We make comments. They don't have to agree to them. I mean, we know that, and that's what we
come here for, to discuss why we think one idea's better than maybe what they've suggested, and
it's not -- it's not that -- I think they've done a great job, as David said, moving these things forward.
The majority of it is fine. There are just a few points that we disagree with.
So, I think -- you know, again, if the Board, Planning Commission and the BCC, is
inclined to go with this process of looking at those two areas differently, which they've already
commenced in the one area, North Belle Meade, again, Tindale Oliver, it should be an expedited;
very time-certain to get started. I mean, you can't predict when you'll be done, but you can
certainly predict when you'll get started.
CHAIRMAN FRYER: Can we establish a sooner start date?
MS. MOSCA: Yes. We'll bring that forward to the Board. The Board will have to
agree to that.
CHAIRMAN FRYER: Really?
MS. MOSCA: As a recommendation? Sure. We'll bring the recommendation to the
Board of County Commissioners. Staff is in support of the 12-month period, but the Board will
have to fund it, provide funding for that.
CHAIRMAN FRYER: Oh, okay. Okay, all right.
COMMISSIONER SHEA: Is that a 12-month period to bring this to a conclusion --
MR. MULHERE: No.
CHAIRMAN FRYER: Start.
COMMISSIONER SHEA: -- or just to start it?
MR. MULHERE: Yeah.
MS. MOSCA: It's my understanding.
MR. MULHERE: It's going to take longer. It will take longer.
COMMISSIONER SHEA: Wow.
MR. MULHERE: Look, the wheels of government move slowly, but a couple of
years -- it may take -- to start it. It could take year to complete it, maybe a little bit longer. I
mean, to get it right, it's worth the time.
COMMISSIONER SHEA: Why can't we start it next week?
MR. MULHERE: Well, I've got to defer to -- it says within a year. It doesn't say you
couldn't start it sooner.
CHAIRMAN FRYER: It needs funding, and that's why it's got to go to the BCC.
MS. MOSCA: Staff will support the 12-month initiation, so that's not at issue.
CHAIRMAN FRYER: All right. Next point, Mr. Mulhere.
MR. MULHERE: Well, I do have a concern. I think it was very good to have the
ag -- because part of the state's final order was to look at ag preservation. They used the word
"prime agriculture," which actually is tied to soils. We don't have prime agriculture. You find
that in deltas.
But we do have unique agriculture, and we all eat, so I understand, you know. But I don't
know if it just was, sort of, let's throw out one TDR and see what we get. My opinion is that
requires a little more consideration, because I don't think you're going to get anybody giving up
their perpetual development rights for $20,000 for five areas.
COMMISSIONER FRY: Is that part of the 12-month -- is that part of this restudy we're
talking about that starts within 12 months?
MS. MOSCA: I think it should be.
COMMISSIONER FRY: I guess I'm trying to be clear on which of Bob's points are
covered under this --
MS. MOSCA: I think all of them. I think Bob agreed to the 12-month for all of them. I
mean, it seems appropriate that we would. As you can recall, as I went through some of the tables,
even staff's evaluation of the Board-directed amendment for the additional credit. We were
concerned who really would use it, we were very conservative, and it was a very low number, if
you can recall going through that table.
MR. MULHERE: So, you know, one thought. Really, the largest agricultural production
area of all of this, assuming you recommend and the Board agrees they're going to do an
assessment, is the Belle Meade by far. I mean, it's not even close. And as David said, there's just
a few landowners in there that have the largest amount of those holdings.
So if we're going to look at an ag preservation TDR bonus and whether it should be
perpetual or for some period of time and what the numbers should be, why adopt something like
this right now? Why not let that be part of this assessment as well, you know? And I think that's
what Michele said, in fewer words.
MS. MOSCA: Yes.
CHAIRMAN FRYER: So that's something that is going to take place in the next restudy.
Okay.
All right. Next point.
MR. MULHERE: I'm just looking right now.
MS. MOSCA: I think it was rural industrial.
MR. MULHERE: Yeah. Well -- and, again, that also is surrounded. So that rural
industrial designated area, there's a -- three's a road aggregate. My client doesn't own that portion,
but there's a portion that has some road aggregate construction type stuff out there, and then there's
a lot of these smaller business owners that are leasing space in the current area that have these
kinds of uses that aren't targeted industries by definition.
And so perhaps, because it is surrounded by the Rural Fringe Mixed-Use District, we
could, you know, consider that. I mean, I still think it makes sense to allow an expansion to the
adjacent parcel within -- and within 300 feet of the existing boundary. You're going to get the
more thorough review as part of the rezone. You're going to get the traffic analysis. You're going
to get the compatibility. You're going to get the use analysis, and you're going to require a
supermajority vote.
So what are you doing by putting this policy in there? The only thing you're doing is you
are making that process a little faster and a little more supportable as part of that rezone process.
So, I mean, I know staff is not supportive of it, and I just think that it would make sense to put it in
as a policy.
MS. MOSCA: And Bob's correct; staff's not supportive of that. In the past there were
two previous Comprehensive Plan amendments requesting for some additional uses in that area.
And I think as part of a Comprehensive Plan amendment, this is really site specific. And the
residents around that area who opposed the expansion in the past really should be able to provide
input as part of that process. So to me this is not really part of the amendments to the Rural Fringe
Mixed-Use District. It's more in line with a site-specific Comp Plan amendment.
MR. MULHERE: And I understand. So, you know --
CHAIRMAN FRYER: Thank you.
MR. MULHERE: -- the one piece of good news is there is a proposed bill in the
legislature to increase the size -- minimum size for small-scale amendments. So that might make
it a little less painful.
CHAIRMAN FRYER: Thank you. Those are all the points that I recorded.
MR. MULHERE: That was it.
CHAIRMAN FRYER: I got it? Okay.
Planning Commission, any comments? Questions?
COMMISSIONER FRY: Just clarifying one of his points was the limitation of expanding
to two dwelling units per acre only along Immokalee Road. The decision on that is part of this
restudy, or --
MS. MOSCA: For the expansion to the -- to allow that within the one to two dwelling
units per acre. To allow that within the Belle Meade and North Belle Meade areas would be part
of that assessment.
COMMISSIONER FRY: Okay. But the current amendments would allow that, but that
was only -- that's along Immokalee Road outside of rural villages only.
MS. MOSCA: Right. And it's minimal. Unless the Immokalee Road Rural Village
comes in, they don't do a village, then you're talking about, what, 4,000 units.
COMMISSIONER FRY: Okay. Commissioner Shea, do you have --
COMMISSIONER SHEA: I just have -- there was a discussion -- I think Bob mentioned
something about public benefits, TDRs for that. Is that something we already agreed would go --
CHAIRMAN FRYER: I'm going to try to categorize where I think we are.
COMMISSIONER SHEA: Because I didn't hear him talk about that or increased credits
on the maintenance side.
CHAIRMAN FRYER: I'm going to try to deal with that when I summarize. Anything
else?
COMMISSIONER SHEA: No.
CHAIRMAN FRYER: Okay. Here's where I think we are. And please correct me if I'm
wrong. But I believe, first of all, we agreed to add the affordability and the public benefit
language for the increase in TDRs. Second, I think we want to recommend that the next study or
restudy commence within 12 months and that it include reexamination of the 300-acre minimum,
and the ag preservation of one TDR per five acres, and other issues that are to be discussed. And
so I think that's really where we've come down.
MS. MOSCA: I just have a point of clarification, if you wouldn't mind.
CHAIRMAN FRYER: Yeah.
MS. MOSCA: On that first one, that was related to increased density for using
a -- utilizing TDRs through a Comprehensive Plan amendment, correct?
CHAIRMAN FRYER: Yes.
MS. MOSCA: Okay. Thank you.
CHAIRMAN FRYER: So unless I've misstated it, are we ready for a motion?
COMMISSIONER SHEA: I think so.
CHAIRMAN FRYER: All right. Would anyone care to make a motion?
COMMISSIONER SHEA: So let me ask a question.
CHAIRMAN FRYER: Go ahead.
COMMISSIONER SHEA: So the motion is to approve staff's recommendation subject to
these conditions or --
CHAIRMAN FRYER: Yeah, and that's a good point. This would be action on
recommendation for transmittal, because it's coming back. And we need to ask ourselves, do we
want -- do we want to put this on consent for our meeting on the 26th so we see how the language
has been prepared, or simply rely on staff to get it right? I think it's pretty straightforward:
Affordability and public benefit.
MS. MOSCA: Commissioner, one more point of clarification before you provide for your
vote. So you also had a few recommended changes regarding the greenbelt and so forth, so that
would be incorporated into all of that --
CHAIRMAN FRYER: Thank you. Yes, it would. Good point. Thank you. Should
we bring this back on consent, or should we let it go?
COMMISSIONER HOMIAK: I don't think we need to bring it back.
COMMISSIONER SHEA: Yeah, I agree. Let it go.
CHAIRMAN FRYER: Okay. So we're ready for a motion, then.
COMMISSIONER HOMIAK: I'll make a motion to recommend transmittal with all the
changes that you just listed and Michele just spoke of.
CHAIRMAN FRYER: Okay. Is there a second?
COMMISSIONER SHEA: Second.
CHAIRMAN FRYER: Do we -- are we satisfied that we have clarity?
COMMISSIONER FRY: Michele, do you feel we have clarity on what exactly -- the
changes and verbiage you're going to generate?
MS. MOSCA: Yes, I do. Thank you.
CHAIRMAN FRYER: Good. Any further discussion?
(No response.)
CHAIRMAN FRYER: If not, all those in favor, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
Thank you very much.
MS. MOSCA: Thank you.
CHAIRMAN FRYER: It is nine minutes of noon. It seems to me we'd be best served by
starting our lunch a little earlier than starting another matter. Without objection, we will take an
hour and nine minutes for lunch and return at 1:00 p.m.
COMMISSIONER HOMIAK: Oh, that means Karl might make it back.
CHAIRMAN FRYER: Yeah. We're in recess until 1:00.
(A luncheon recess was had from 11:51 a.m. to 1:00 p.m.)
CHAIRMAN FRYER: Ladies and gentlemen, it's 1:00. Let's reconvene, please.
***Our second petition today is PL20190001489, the Lawmetka Plaza CPUDA.
All those wishing to testify in this matter, please raise your hand and be sworn in by the
court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FRYER: Thank you. Disclosures starting with Mr. Eastman.
MR. EASTMAN: No disclosures.
COMMISSIONER SHEA: Staff materials only.
COMMISSIONER FRY: Ditto.
CHAIRMAN FRYER: Matters of public record, meetings with staff, communications
with the applicant.
COMMISSIONER HOMIAK: Nothing for me.
COMMISSIONER KLUCIK: Meeting with staff.
CHAIRMAN FRYER: Thank you, Commissioner.
All right. The applicant is here.
MS. CLARK: Yes.
CHAIRMAN FRYER: Please proceed, ma'am.
MS. CLARK: Thank you. My name is Kellie Clark. I'm a civil engineer with
Kimley-Horn, and I'm here to speak today to Lawmetka Plaza.
CHAIRMAN FRYER: Ma'am, you might want to pull that -- if you're going to
speak -- yeah, either speak into the mic or move the mic to yourself.
MS. CLARK: Do you want me to repeat that for the record?
THE COURT REPORTER: (Shakes head.)
MS. CLARK: Okay. You got it.
All right. This is the project location. It's located along Wiggins Pass and 41. This lists
the applicant and agent, which is myself, and the property location. Before I go any further, I'd
also like to note that we did have a neighborhood informational meeting, and we did have public
participation in that and have had public comments. And we've reviewed those, and we do have
our transportation engineer here today to speak to some of those items as well.
So I'd just like to walk through some of the proposed changes -- or the proposed changes
that were -- that are in front of you. The first is regarding the property ownership. This is more
of a cleanup item as it relates to changing the name from Benderson Development Company to
Benderson Properties, Inc. So more of an initial name change.
The next is regarding the access. So this is proposed to go from two access points along
Wiggins Pass Road to three, which would then change the total access points from four to five.
With this change, there's also the proposed language to limit the eastern access to right-in, right-out
only and the western access to service and delivery vehicles only, and also there's the language at
the last sentence in this that talks to Collier County reserving the right to install, modify, or close
medians in its sole discretion for road safety and capacity.
I'd also like to hit on one additional -- or one deviation at this time, because it's also related
to the transportation item, and then I'd like to turn it over to our transportation engineer.
So this is the first deviation, Signage Deviation No. 1, which is seeking relief from the
LDC to allow one additional directory sign, and this one would be located at the intersection of
U.S. 41 and Wiggins Pass.
And with that, I'd like to turn it over to Christopher Hatton.
CHAIRMAN FRYER: Thank you.
MR. HATTON: Thank you, Kellie.
Good afternoon. My name is Christopher Hatton. I'm a registered professional traffic
engineer with Kimley-Horn. I have been conducting traffic studies and operational analyses for
over 29 years and conducted the traffic analysis that resulted in these improvements.
I'll go ahead and turn it to here. These improvements consist of, as Kellie had mentioned,
adding a third driveway, which is going to be a right-in, right-out only onto Wiggins Pass Road
while limiting the existing driveway to be used by service vehicles and delivery vehicles only.
And this is an important point. The right-turn deceleration lanes will be constructed at both the
new driveway as well as the middle project drive, which is the main driveway.
As Kellie mentioned, we did have a neighborhood information meeting. There were some
safety questions that were brought up by some of the folks there, so I'm going to try to point out
how our improvements -- try to address those safety concerns.
So let's take a quick look at each of these improvements and see how these enhance the
safety operations along Wiggins Pass Road in regard to the proposed project.
First, the addition of a right-in, right-out only driveway as you could see up here -- it's not
showing with the pointer, but I think you see it's located on the slide very easily. And this will be
located east of the full access driveway, and this provides for project dispersion of project traffic
into the development and actually reduces the amount of turning traffic at the main project
driveway which subsequently helps reduce both conflicts and delay.
Secondly, by providing the right-turn deceleration lanes at both the new proposed driveway
as well as the main driveway, safety is going to be enhanced by removing turning vehicles from the
through-lane traffic. So that, therefore, you're removing the vehicle friction as we call it, which
would -- which had previously been there, which reduced the capacity of Wiggins Pass Road when
vehicles had to slow down in the through lane to turn into the project. They will now have their
own individual turn lane from which to do that.
And, lastly, separating out the service volumes or the service and delivery vehicles to a
specific driveway to the west, this, obviously, improves safety by separating out the service and
delivery trucks keeping them separate from the smaller passenger vehicles.
But as Kellie mentioned as well and as always is the consideration, in the event of an
unforeseen issue, Collier County reserves the right to either install, modify, or close medians based
upon the road safety and capacity and, of course, this provides an extra layer of safety coverage for
citizens.
Now, as Kellie mentioned also, the first deviation -- in regards to this Deviation 1, as you
can see, for the addition of additional signage at the corner of 41 and Wiggins Pass, which is shown
on the slide now.
And then, really, the main justification for this is to alert patrons that were traveling
northbound on U.S. 41 of the new driveway so that they may position themselves in that
easternmost northbound left-turn lane so that they can have easy, convenient, and safe maneuvering
into that driveway so they basically position themselves ahead of time.
And this sign deviation addresses some of the safety concerns that we heard at the
neighborhood information meeting regarding kind of the positioning and the location of the new
driveway and some of the benefits that are seen by alerting them to the project driveway, and it's
one of the things in my -- in all my years, that effective signage can always play a role in
improving safety, so -- and I'll turn it over to Kellie.
CHAIRMAN FRYER: Thank you. Any questions for Mr. Hatton before he steps down?
COMMISSIONER FRY: Yes.
CHAIRMAN FRYER: Commissioner Fry.
COMMISSIONER FRY: So the middle driveway there, or the one that says right-in,
right-out only, that was formerly a full, all directional -- no?
MR. HATTON: No, there's just two -- well, unfortunately, this doesn't show that well.
The one on the west was existing, and that's now just going to be only for service and delivery, and
the one that's right in the middle between the right-in, right-out, that is the main driveway.
COMMISSIONER FRY: That's the new one.
MR. HATTON: Well, no. The new one is actually the one that's got the right-in,
right-out. That is the new one on the east. I'm sorry. I should have kind of given that as an
overview before I started.
COMMISSIONER FRY: So there's a median in Wiggins Pass Road so you cannot turn
left out of there.
MR. HATTON: Yes, there will be one constructed as well as with the deceleration lanes.
COMMISSIONER FRY: And then is it easy -- so if you want to exit on Wiggins Pass
Road but you want to go back to the light and head north or south, you have to go and make a
U-turn, make a right out and then --
MR. HATTON: Well, basically what I would do -- and it's certainly driver -- you know,
either -- you know, expectancy would be knowing that if you're shopping in the shopping center,
that the full -- basically, you would see the median, so you would probably do it -- I would do it in
the shopping center. I would go to the main driveway and take a left just so you don't have to do a
U-turn from that perspective.
COMMISSIONER FRY: Main driveway being the one that says service -- no, main
driveway on the other -- on the U.S. 41 side?
MR. HATTON: This right here.
COMMISSIONER FRY: Oh, okay.
MR. HATTON: This one.
COMMISSIONER FRY: Thank you. That one wasn't marked, so I missed it entirely in
that exhibit.
MR. HATTON: Yeah. I apologize. I noticed that. I tried to use the laser pointer, but
it's not showing up on that, so -- and I could have done that better, so sorry about that.
COMMISSIONER FRY: Thank you. That clears it up.
CHAIRMAN FRYER: Any other questions?
(No response.)
CHAIRMAN FRYER: Thank you, sir.
MR. HATTON: Thank you.
MS. CLARK: Our next item is regarding the landscape deviation, and this is seeking
relief from the requirement of a 20-foot-wide Type D buffer down to the minimum 10-foot-wide
Type D buffer, and because there is the reduction, we are proposing enhanced landscaping at this
location. This is due to compensating right-of-way that occurred at this location, so an existing
condition that exists in this location.
And with that, I'd like to turn it over to Jen to speak a little bit more about what that
enhancement looks like and what that Type D buffer would look like.
CHAIRMAN FRYER: Thank you.
MS. CLARK: Thank you.
MS. DAOULAS: Good afternoon. My name is Jennifer Daoulas. I'm a professional
landscape architect.
CHAIRMAN FRYER: Your last name again?
MS. DAOULAS: Daoulas.
CHAIRMAN FRYER: Spell, please.
MS. DAOULAS: D-a-o-u-l-a-s.
CHAIRMAN FRYER: Thank you.
MS. DAOULAS: You're welcome.
As Kellie mentioned, we're seeking deviation from a typical Type D buffer. The Type D
buffer is specified to be 20 feet per the width of the existing right-of-way. A Type D does allow
for a 10-foot. It would just -- we're minimizing, and that's what we're asking in the deviation.
It doesn't minimize the amount of planting that we're proposing. We'll still be meeting the
Type D buffer requirements, and the deviation actually exceeds those requirements by adding taller
trees five feet taller than the required 10, and then from a 30-foot on-center spacing to a 25-foot
on-center spacing.
The existing material out there, there are some existing oak trees and royals that count
towards those shade requirements that meet that height, and then we would come in and
supplement as required per the deviation along that buffer.
Do you-all have any questions?
COMMISSIONER FRY: There's one thing I didn't pick up on in the packet is why -- so
you have an existing 20-foot buffer now?
MS. DAOULAS: Yes, yeah.
COMMISSIONER FRY: But you want to reduce it to 10 feet but make it more dense?
MS. DAOULAS: Yeah.
COMMISSIONER FRY: Why do you -- why are you doing that?
MS. DAOULAS: Because we're adding the turn lane in, and so adding the turn lane
would move that sidewalk over. It would move it right on the edge of the -- I guess I can't move
the mouse, huh?
COMMISSIONER FRY: So it's to accommodate the turn lanes?
MS. DAOULAS: Yeah, and it would move the sidewalk on the edge of that existing
hedge row. So the goal is to maintain the existing hedge. We'll supplement as needed with any
impacts from construction or any, you know, vegetation decline to bring the buffer back up to the
required plus the deviation requirements.
COMMISSIONER FRY: Thank you.
MS. DAOULAS: You're welcome.
CHAIRMAN FRYER: Any other questions or comments for Ms. Daoulas?
(No response.)
MS. DAOULAS: Thank you, all.
CHAIRMAN FRYER: Thank you, ma'am.
MS. CLARK: And then the last part of our amendment is regarding the master concept
plan, and these -- this master concept plan is being updated to reflect the items that we've gone
through, so it's to show that third access point as well as to show those deviations on the master
concept plan. So it's related directly to everything that we've already covered.
And that is it. Thank you.
CHAIRMAN FRYER: Any questions for Ms. Clark?
(No response.)
CHAIRMAN FRYER: Thank you so much.
MS. CLARK: Thank you, all.
CHAIRMAN FRYER: Staff presentation, please.
MS. GUNDLACH: Good afternoon, Commissioners. For the record, I'm Nancy
Gundlach, principal planner.
And staff is recommending approval of the Lawmetka PUD amendment, as it is consistent
with the Land Development Code and the Growth Management Plan.
So if you have any questions, it would certainly be our pleasure to answer them.
CHAIRMAN FRYER: Questions for Ms. Gundlach?
(No response.)
CHAIRMAN FRYER: Nicely done.
MS. GUNDLACH: Thank you.
CHAIRMAN FRYER: Thank you. Do we have any members of the public who wish to
be heard on this?
COMMISSIONER FRY: A bit wordy.
COMMISSIONER HOMIAK: I love Nancy's reports.
MR. YOUNGBLOOD: Mr. Chairman, we have the actual applicant that is present that
filled out a speaker form.
CHAIRMAN FRYER: Okay. Does the applicant wish to be heard?
MS. CLARK: I think they asked us to fill out those forms because we were upstairs.
CHAIRMAN FRYER: Okay. Thank you.
Any other speakers?
MR. YOUNGBLOOD: Yes, sir. We have Doug Fee. He will be our only speaker on
this item.
CHAIRMAN FRYER: Mr. Fee.
MR. FEE: Good afternoon. For the record, my name is Doug Fee, and I live up in the
Wiggins Pass area. I've lived up there for around 20 years.
And there's a lot on this PUD change, okay. On the surface it sounds pretty easy; just add
an access.
One of the things that we have to look at is the safety of the roadway and what you are
approving.
This right-in, right-out entrance, which will be the third one on Wiggins Pass Road, it's
confusing right now as it is. There's two entrances already; one on the back of the building, which
is supposed to be for trucks but, in fact, lots of people go through there. You could go this way
and this way and exit, and there's no ability to stop the traffic.
Two, you have the second entrance which was built not long ago that -- there was a
proposed market, Lucky's Market. It went out. It's no longer there, although it has Lucky's on
top. And there -- you also have two lanes that come off of 41 and go down the street, Wiggins
Pass, you have a north and a south. And, in fact, the northbound lane is the turning lane to go into
the plaza, okay.
So you have vehicles that are having to go into a single lane, and they will race down the
road, and one will try to get in front of the other. There's no medians. And I appreciate that
Mr. Fry asked the applicant on the record, how are you going to make it a right-in, right-out?
Because that is one of the keys to this.
In the deviation language, in the transportation language, in fact, it says it's a right-in,
right-out. Today, if that were built, lots of the people could come out with a right-out and circle
back around and go out to 41.
So be careful, because they're suggesting that you make it a right-in, right-out, but they're
also saying in the language that the county has or the applicant has 24 months to do those
improvements, make the turn lanes, and whatever the county decides on its policing powers, that's
what's being decided, unless you as Planning Commission say, in order to approve this entrance,
we want a median, okay.
Now, what I'd like to do, if you'll give me just a moment, is I have two pictures that I'd like
to put up here that are from the county's traffic camera. The camera looks west from 41. I don't
know if you can see it. What you're viewing is from the light pole of 41 looking west. What I
want to point out is there are three lanes that come east, and many times the northbound lane, you
can see, it stacks. It goes way down and, in fact, shuts off traffic to go over 41 to the east side of
Wiggins Pass, and it also stops southbound traffic.
Now, what you're also seeing here, in the sidewalk you can see the little bend. Well, right
there is where the new entrance will be. It may be safe to do this if you put a median so that, in
fact, you don't get traffic that circles back around. But right now you have to say whether this
applicant is involved in putting a median, because right now there is not, okay.
The other thing I'll point out, okay, this is another picture of that same, and in season it is
amazingly busy. And I know all intersections in the county are busy. But when it backs up, you
really have a hard time. There are some communities that have streets, Center Street, West Street.
They're on the south side. They do not have turn lanes. There are people that have to turn. And
when you are in the double lane and you're turning, they will stop and, in fact, the through traffic
that comes off 41, they have to maneuver around because there's no turn lanes, okay.
Germain has trucks. They unload their vehicles in the middle stripe of this section.
There's no median. It happens on a daily basis. It's not monthly. And, in fact, in their PUD,
which is on the south side of the road, they have loading zones. The neighborhood has contacted
Germain numerous times, and their answer is, we don't direct the carriers who drop off the cars.
So not only do you have 30,000 cars or 20,000 cars going through intersection -- mind you it's an
activity center -- they're -- these people don't know. So it's already an unsafe condition, okay.
What I'm saying to you is, you need to look at a median that separates out the traffic.
There should have been a median a long time ago when they built the two.
The applicant has asked the county in a separate process, a Site Development Plan, to
approve the turn lanes and sidewalks, bike shoulders. That's in a separate application. And, in
fact, when I went to the neighborhood information meeting and the applicant themselves
mentioned this Site Development Plan, the staff member at the county said, stop, we can't go into
that. That's something down the road.
Well, you have to go into it because it's part of the PUD language that you are approving
today, which is right-in, right-out. So you have to figure -- and I'm telling you the people up at
Wiggins Pass, though they may not be here, in fact, they know this is an extremely risky situation,
okay.
So we're relying on you. The turn lanes would help to go in. But with the turn lanes and
the compensating right-of-way, what you will find is right now, as it's been built, the sidewalk is
only, like, five feet off of Wiggins Pass Road. So you have dual lanes coming. There is no
setback to the current sidewalk that's there. So when they put their turn lanes, how are they going
to put the sidewalk to make it safe for the pedestrians? That's got to be a consideration.
The landscape deviation. I'm not in favor of reducing a 20-foot at an activity center. We
at Wiggins Pass have a neighborhood, and we like the aesthetics. I understand why they need to
do it, okay, but this -- I don't know how many acres. It might be 34 acres. So why would you
reduce the buffer to a big plaza like this? So please consider that.
The signage that they are suggesting out at Wiggins Pass and 41, originally they had a
main sign, at that second main entrance and also at 41, so there were two main signs, and those
signs are big. They're regulated. They took down the one sign on Wiggins Pass Road, and now
there isn't one.
So I can understand having it at the corner of Wiggins Pass and 41. But I don't know if
they're planning to put another big sign on Wiggins Pass, meaning three large signs. Most
developments have them at the main entrance, or they'll have it at the intersection corner.
Question would be, could you do a smaller sign at one location and not have the -- I don't know
how tall they are, but they're a regular plaza sign, okay.
Mike Sawyer, the transportation person, I directly e-mailed him a few months ago, and I
said, is it your requirement in the PUD that the developer do the turn lanes and make it right-in,
right-out, and he said -- I said, is the reason because of safety? Why are you doing that? And he
said, yes, we are making the developer do that. But at the same time in the e-mail he said;
however, it's the policing powers of the county to decide whether or not they will put a median or
do any of that and that we don't put it in the PUD language, okay.
Now, I've been involved with PUD amendments for many, many years. In fact, with this
one, 20 years ago or 15 years ago, there's specificity in that the developer had to build turn lanes off
of 41. There's a turn -- there's actually two turn lanes, one to the main and one to the middle, and
that was in the PUD. It was very specific.
I'm not sure why one would go away from that. If you feel it's a safety issue and, in fact,
this landowner should put those turn lanes -- and to be honest with you, it's already in there. It was
from the original. But the way they did the turn lane was they said, well, we'll make two lanes go
around the corner, and that northern lane will be the one that is considered the turn lane in.
So imagine you driving around the corner and you're in the northbound, and you don't
realize that in order to go west you've got to get in the southbound, because eventually it goes into
one lane. So you're in this second, and you stop, and it confuses the traffic that's coming out of the
plaza. It wants to turn right going out towards 41, and a lot of times the older folks -- and I mean
that with respect -- they'll drive right into that second lane, and you have to stop, okay.
So this is a section of road -- and in activity centers, many times you have medians. I can
point to Immokalee/111, where there's a McDonald's and the Walmart. In fact, at that corner is a
median that I cannot come out of the plaza. I have to go down to the Walgreens -- or the Walmart
entrance way down, and be able to turn. It stops that traffic pattern, and it makes it safer, okay.
I just want you-all to understand that the residents of Wiggins Pass might support a third
entrance, but we're not going to be supportive of the safety issues if you do not do something on
this straightaway, and I say that with all sincerity.
CHAIRMAN FRYER: All right, sir. Thank you very much.
I'm going to want to hear from Mr. Hatton and Ms. Gundlach or staff but first, before that,
does any commissioner wish to ask a question of the gentleman who just spoke?
COMMISSIONER FRY: I did.
CHAIRMAN FRYER: Please. Would you return, sir.
COMMISSIONER FRY: The podium right here. Just making sure I understand. I see
looking at it, with the information I have, pluses -- maybe a positive and a negative to you. A
positive being that you have two lanes, and the right one is a turn lane, and now you'll have three
lanes and the right one will be a turn lane. So you'll actually have two lanes going straight.
MR. FEE: Yep.
COMMISSIONER FRY: Of course, you will have to merge, I'm sure. It still will go
down to one, but you won't be competing in that second lane with the turn traffic.
MR. FEE: I totally agree.
COMMISSIONER FRY: So to me that would be a plus.
MR. FEE: Yep.
COMMISSIONER FRY: So I'm also sensitive to the fact that you think a median would
be important to ensure and cement the safety benefit from a right-in, right-out.
MR. FEE: Yep.
COMMISSIONER FRY: Correct?
MR. FEE: Yes, sir.
COMMISSIONER FRY: The buffer -- I guess they're giving up some land for the turn
lane, so they want to put the same amount of vegetation in a narrow buffer which, I guess that
aesthetically affects you a little bit but not functionally the way the traffic moves, correct?
MR. FEE: Not a deal killer.
COMMISSIONER FRY: Not a deal killer, okay.
MR. FEE: Not a deal killer.
COMMISSIONER FRY: I just wanted to make sure I have an accurate understanding of
your perceptions of how this whole thing works.
MR. FEE: Yep.
COMMISSIONER FRY: Is that accurate?
MR. FEE: And if you don't mind, can I just give to the court reporter these pictures so
they can be submitted?
CHAIRMAN FRYER: You may.
COMMISSIONER FRY: Sure.
MR. FEE: Okay. I just have one more picture to give.
CHAIRMAN FRYER: And stand down, sir, but don't go too far, because we might want
you to speak again.
Mr. Hatton, go ahead.
MR. HATTON: Yes. And I appreciate all the information and, certainly, we had a really
good conversation with Doug as part of the neighborhood information meeting. So some of
these -- just like, Commissioner, you had mentioned in terms of where -- and I think this hopefully
is a very good diagram of, again, the two lanes that are now headed westbound enable -- which I
think was a big, you know, part of the improvements -- those dual northbound lefts to now travel in
a through lane, and if you are going into the actual development, you now can just easily move into
the right-turn lane. So that was a big improvement.
But this also addresses, you know, the issue of the median, and that is being proposed.
Now, Kellie can address why it's not officially in this language, but it is being proposed. We've
got plans that we're already doing, so it's going to be done just as the turn lanes are going to be
done. So that safety issue in terms of right-in, right-out where it's being positioned because of the
traffic, when you have a right-in, right-out, if you put one in and you do a deceleration lane, you
basically -- again, we're enhancing the safety or moving the turn lanes out of the -- or the turning
vehicles out of the through lane. So that's what we're doing here.
So hopefully this graphic can show it a little. And I can answer any other questions.
CHAIRMAN FRYER: So it's going to take some time for a median to be put in and, in
the meantime, what do we do for safety?
MR. HATTON: I mean, from a perspective, I'm not sure exactly of the timing of all of
this with the PDI and stuff like that.
MS. CLARK: Yeah. The median would be put in at the same time as that eastern
entrance.
CHAIRMAN FRYER: Oh, okay.
MS. CLARK: So these improvement plans that are shown here, they're the proposed
plans that would occur if we get approval of this third entrance, and it shows the right-turn lanes in
as well as that median, and that would all occur at once. So the third entrance will not be
constructed without these additional improvements, because we agree those are safety concerns and
that they need to be addressed to be able to --
CHAIRMAN FRYER: Good. Good. Anybody else?
(No response.)
CHAIRMAN FRYER: Ms. Gundlach, you, our staff. Is Mr. Sawyer here?
MS. GUNDLACH: Yes, he is.
CHAIRMAN FRYER: My main concern, sir, is safety issues, but speak to whatever you
would like to speak to.
MR. SAWYER: Yeah. For the record, Mike Sawyer, Transportation Planning.
We have worked with the applicant on both the turn lanes as well as the other, as you're
requesting, the safety concerns.
The reason that you have the turn lane specifically spelled out in the PUD language is
because those are what we were actually looking for. When you add an access point to an existing
PUD, what makes part of the requirement for a PUD amendment is if you're increasing access
points, which is what's being proposed.
So in a nutshell, one of the reasons that this is coming in as an amendment as opposed to
an insubstantial change is because they're adding the access. That's why we've got -- again, that's
why we've got the language that outlines the turn lanes.
As far as a median separator in this particular area, that requires an operational analysis,
and that comes in with the SDP itself to make sure that we're looking at the entire operation of the
improvements being proposed.
We certainly don't have any problem. In fact, we would certainly endorse having the
median separator in there. You're so close to 41 in this location, and we do know that we do have
challenges in this particular intersection. We would want to have that median separator to prevent
any left-outs at the first access point.
CHAIRMAN FRYER: Okay. So you're satisfied that what we have before us will be
safe?
MR. SAWYER: Yes, sir.
CHAIRMAN FRYER: Okay. Thank you very much.
COMMISSIONER FRY: And you're able to look Mr. Fee in the eye and say, you'll have
your median when these improvements are made?
MR. SAWYER: I can look anybody in the eye and say, yes, it will happen.
COMMISSIONER FRY: Okay.
CHAIRMAN FRYER: Commissioner Shea.
COMMISSIONER SHEA: Just a question. Are you comfortable with, on that drawing,
the location of the median? Is it long enough? I see the service entrance still is left-out. If
you're coming out of that entrance with a truck, you can still take a left, right, which I assume is
why the median stops short of that entrance?
MR. SAWYER: Correct. And you also have the middle access point which is the full
opening. That also is -- you don't want to have the median in that location; otherwise, you would
be forcing all of the traffic to go west instead of allowing potentially some of that traffic to go back
east again. Hopefully that makes sense.
CHAIRMAN FRYER: Commissioner Fry, do you have something?
COMMISSIONER FRY: Well, it just looks like there is a -- am I seeing a driveway from
the south right at the right edge of the median that could go left or right? Am I interpreting that
correctly?
MR. FEE: That's Germain.
COMMISSIONER FRY: That's Germain. So that's actually -- is that a painted stripe to
the right of the median? Is that just simply a marking on the road?
MR. SAWYER: I believe that's the case currently, yes.
COMMISSIONER FRY: Okay. So someone could exit Germain and make a left turn
across the eastbound lanes to go west on Wiggins Pass.
MR. SAWYER: To go west, yes.
CHAIRMAN FRYER: Okay. All right. Thank you, Mr. Sawyer.
Any other public speakers?
(No response.)
CHAIRMAN FRYER: Any persons who are present who haven't signed up but wish to
be heard on this matter, now would be the time.
(No response.)
CHAIRMAN TAYLOR: If not, Planning Commission, are we ready to close public
comment?
COMMISSIONER SHEA: Yes.
CHAIRMAN FRYER: Public comment is closed. And we will deliberate.
Who would like to start?
COMMISSIONER FRY: I will.
CHAIRMAN FRYER: Please.
COMMISSIONER FRY: So I think -- for Mr. Fee, I mean, I think when people come and
speak at these meetings -- you said you've done this before -- you know, you want to hear that
you're listened to and not just discarded and the residents' and the neighbors' viewpoints don't
matter. And so I think from my standpoint, definitely, I came from a neighborhood association, so
I do want to listen.
But when I look at all the facts here, it seems to me that this is actually a safer system for
you and a more efficient system for you, the residents to the west, because now you have two lanes
to go straight, and the turn lanes are segregated, and you will have a median. I think we've
established that. So I guess I'm -- and I don't know if you can -- I don't feel like there are any
major unaddressed issues that you presented that have not been addressed through this -- through
this presentation, and I don't know what you're holding up there, but --
MR. FEE: Just language.
COMMISSIONER FRY: Just the language. Oh, okay. Your concern was the language
of the timing of the median, I believe. Can we clean that up?
CHAIRMAN FRYER: It sounds like the median will go in at the same time that the
right-in, right-out goes in.
COMMISSIONER FRY: But according to Mike, that's part of the SDP, not the PUD?
Can we address his concerns with the language in this in a way that is not out of character with the
process?
CHAIRMAN FRYER: We can throw a condition in to that effect.
MR. SAWYER: What will be required as part of SDP -- because they'll need to get that
SDP done as soon as the PUD amendment is finished and approved. They'll need to do the SDP.
Part of the SDP requires a right-of-way permit. That right-of-way permit will require all of those
improvements to be done at the same time; otherwise, the access itself won't be able to be opened.
COMMISSIONER FRY: Are you telling us that there is no need -- no point in adding a
condition at this point simply stipulating that the median will go in at the same time as the
improvements?
MR. SAWYER: I don't believe so, but perhaps Matt McLean would want to weigh in on
that from the SDP standpoint.
CHAIRMAN FRYER: Okay.
MR. KLATZKOW: Oh, Jesus, just put it in.
CHAIRMAN FRYER: What?
MR. KLATZKOW: Just put it in, and we're done.
COMMISSIONER FRY: When Jeff speaks, I tend to listen. So how about we just put it
in?
CHAIRMAN FRYER: We'll just add that condition, if you don't mind.
MR. SAWYER: Not a problem by me.
COMMISSIONER FRY: Thank you, Jeff.
CHAIRMAN FRYER: Mr. McLean, did you want to be heard?
MR. McLEAN: Matt McLean, director of Development Review. It's very easy if you
guys, as Jeff said, put that condition in that at the first Site Development Plan all this will be taken
into consideration and put in that permit.
CHAIRMAN FRYER: Very good.
COMMISSIONER FRY: Jeff, if you just spoke up earlier at every meeting, we'd be out
of here by noon every day.
MR. KLATZKOW: But I like your company so much.
CHAIRMAN FRYER: All right. Any further discussion?
(No response.)
CHAIRMAN FRYER: I'd entertain a motion at this point.
COMMISSIONER FRY: I'll move that we approve for transmittal. Oh, not -- it's a PUD,
correct?
CHAIRMAN FRYER: Yeah, it's a PUD.
COMMISSIONER FRY: I move for approval with the additional condition that the
median be part that -- the median be implemented at the same time as the improvements.
CHAIRMAN FRYER: Thank you. Is there a second?
COMMISSIONER SHEA: Second.
CHAIRMAN FRYER: Further discussion?
(No response.)
CHAIRMAN FRYER: If not, all those in favor, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER HOMIAK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
Thank you, applicant.
THE COURT REPORTER: I didn't hear Commissioner Klucik.
MR. BELLOWS: Is Mr. Klucik participating this afternoon?
CHAIRMAN FRYER: Oh. Commissioner Klucik, did you vote on that, sir?
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Aye. Okay. It's unanimous. Thank you. Thank you. Thank
you.
***All right. The next two applications are companions under the heading of Blue Coral.
And I'm not sure if it's Blue Coral or Coral Blue, so my first question is going to be, which do you
want to be? Because I saw it both ways in the material. These are companion items.
PL20190001620, the small-scale Growth Management Plan, and that's here for transmittal and
adoption, and its companion PL20190001600, which is an RPUDZ.
So, Mr. Wright, let me first ask, if there are any persons who are wishing to be heard in this
matter, please rise and be sworn in by the court reporter.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN FRYER: Disclosures from the Planning Commission starting with
Mr. Eastman.
MR. EASTMAN: No disclosures.
COMMISSIONER SHEA: Staff materials only.
COMMISSIONER FRY: Ditto.
CHAIRMAN FRYER: Staff materials, meetings with staff, and communications with the
applicant.
COMMISSIONER HOMIAK: And I spoke to Mr. -- I spoke to Patrick, Greg, and Jeff.
COMMISSIONER KLUCIK: Staff materials, staff meeting.
CHAIRMAN FRYER: Thank you, Commissioner.
Mr. Wright, you have the floor.
MR. WRIGHT: Good afternoon, Mr. Chairman, Commissioners. I'm Jeff Wright with
the Henderson Franklin law firm here on behalf of the applicant.
We have our team with us. With the applicant representative, Gregg Fusaro is here;
Patrick Vanasse with RWA is our planner; we have Ciprian with Trebilcock; and Bethany Brosius
with Passarella here today. We are here seeking your recommendation of approval of an
application to rezone property from ag to residential PUD to allow the construction of an apartment
complex with 280 units on 9.35 acres.
The property is on the south side of Immokalee Road east of the Livingston Road
intersection about 2,500 feet from I-75, and it's between commercial uses to the east, along with
I-75, and residential uses to the west.
There's a look at the situation of the adjacent properties. You see that Bermuda Palms,
that's a residential development to the west, and Germain, the auto dealership, to the east.
We have reviewed the staff reports, and we agree with their recommendations of approval.
There's two staff reports, obviously, because we have companion items. Staff is recommending
approval on both. We agree with them. We agree with all the conditions of approval that they've
proposed, and we're not proposing any deviations from the LDC.
But as to the Growth Management Plan amendment, we do agree with staff's
recommendation of approval, but there's one very important point of disagreement I want to
highlight, and that's the density. Growth management staff's recommendation related to the
density is 20 units an acre, and our project as proposed is 30 units an acre. So there's a delta there.
Even though they're recommending approval, we are off on that number.
So we have recently talked to staff today, and we're trying to reach a point that we can get
an agreement with them on that density number. And one thing that came up today is, as proposed
and as it's presented in the staff report right now, there would be 10 out of the 280 units devoted to
low-income housing. We've since bumped that number up by 350 percent to 35 would be
dedicated to low, 80 percent or below AMI. So we have 35 units that we're willing to commit to
low, 80 percent or less, and 35 additional affordable units between 80 and 100 percent of AMI. So
that is something that we just presented to staff today, and I wanted to make clear on the front end
that the numbers that you see, we're willing to make a greater commitment than is maybe written in
front of you today.
CHAIRMAN FRYER: May I ask you to repeat the second 35?
MR. WRIGHT: Yes, sir. The second 35 would be that AMI between 80 percent and
100 percent of AMI.
CHAIRMAN FRYER: Thank you.
MR. WRIGHT: So together, 35 plus 35 is 70. That's a quarter of the project with a firm
commitment to affordable, less than 100 percent of the AMI.
Now, staff -- right now there's an LDC amendment going through relating to density in
interchange activity centers, and this is very close to an activity center, and Patrick will get into
some of that. But it's literally one parcel away from the activity center. So the new LDC
amendments that are coming through would allow for 25 units per acre. Like I said, we're looking
for 30; staff's saying 20. We feel like being so close to this activity center is a real plus for us
because there's an LDC amendment in the works to change the number to 25 there. And,
obviously, it's -- there's some hoops you have to jump through to get that maximum number. But
that's kind of what's guiding us.
Really important, we feel that the unique location of the project -- it's close to I-75.
There's a smooth -- what we're proposing is a smooth graduation of intensity as you go from the
residential to the intersection of I-75. So we have, as you can see from this picture, apartments,
residential to west and commercial to the east. And as you got closer to the highway it gets more
intense, and as you get farther away from the highway, as we're proposing it, it would get less
intense. And we would be, essentially, the buffer between Germain, the commercial, and the
existing residential. The property right now is vacant. And it's always possible that somebody
could come in there and put commercial. We feel like our project is more compatible with the
neighbors, particularly to the west where there's residential.
And we always hear about the demand for housing, and the market's been crazy over the
last year or so, as we all know. We feel like this project meets a critical demand for housing.
We've heard Naples and Collier County say that a lot of their employees get on the highway and
move up to Lee County or live in Lee County because they can't afford to live here. So this does
meet a critical demand for housing, a commitment to affordable housing, and we'll put housing
within reach for essential services personnel. We also have a commitment for all of those 70
affordable units to be offered to essential services personnel, put the housing within reach for lower
income residents, and will allow Collier workers to stay in Collier.
As I mentioned, I have Patrick and our team with me today. Patrick's going to focus on
the planning considerations. And I'll turn it over to him next. We also have Bethany Brosius for
our environmental issues; Ciprian with traffic; and Gregg, our project manager, is here to address
the project itself and economics, if that does come up and if there are any questions in relation to
that.
We appreciate the opportunity to be here, and I'll -- at this point I'll turn it over to Patrick.
CHAIRMAN FRYER: Thank you. Questions for Mr. Wright. Commissioner Shea
first. Sorry.
COMMISSIONER SHEA: Just -- I'm looking at, what is the density of the Bermuda
Palms?
MR. WRIGHT: Between 10 and 11 units per acre.
COMMISSIONER SHEA: And what's the density of Windsong Apartments?
MR. WRIGHT: We have this all on a chart. 16.8 for Bermuda Palms.
MR. VANASSE: Windsong.
MR. WRIGHT: Windsong, excuse me, 16.8, sir.
COMMISSIONER SHEA: So you're not really transitioning to a higher density back
towards the activity center. You're actually reversing it. You're going to a higher density as you
move away from the activity center.
MR. WRIGHT: Well, there's no residential up to where we're proposing. So the idea
there was it's commercial -- the highway, you have a bunch of commercial, and then you have us,
and then you have those two residential to the west of us. If that answers your question.
COMMISSIONER SHEA: I think it's more of an observation.
CHAIRMAN FRYER: Commissioner Fry.
COMMISSIONER FRY: So did staff concur with 25 as a compromise, or where are you
at with that discussion?
MR. WRIGHT: Well, I'm encouraged by how it went, but I don't want to speak for them.
I think there's probably a pretty good chance, if we're willing to put that commitment in writing,
that they would be willing to change their number, but I don't want speak for them -- Michele to
make that call.
COMMISSIONER FRY: The justification for 30 units or 25 is what?
MR. WRIGHT: Well, originally --
COMMISSIONER FRY: The affordable housing, is that --
MR. WRIGHT: Pretty much. You know, we could say it's good planning and the
graduation of uses, but the bottom line here -- and we've heard this before -- that in order to get an
increased density, you've got to give up something. You've got to provide a public benefit. And
so what we did, between yesterday and today, is we focused specifically on that public benefit we
were looking to provide, and we fattened it up, and hopefully that will be enough to make staff and
the commission pleased with our project.
COMMISSIONER FRY: What if you only got approval for 20 or 25 units, what would
that do to your affordable housing commitment? Would it still be 25 percent of the total units? Is
that the idea?
MR. WRIGHT: Well, we're willing to, you know, work within this process as it goes
along. For example, if you just recommended approval at 20, we would probably -- we would
probably move forward with that and continue to seek a higher number, but really, in order to make
the project economics work, we've really tweaked all the numbers in the different categories of
AMI to make it work. It's pretty close and we don't -- 20 -- 20 won't work. Thirty is the number
that everything that we've done for the last two years has been based on, and 30 is the number that
our affordable commitment is based on. So unless we have some sort of a major change, that's
really what we're looking to do, 30. If you were to recommend approval of 25, we would move
straight ahead, and we would be very happy to get your recommendation of approval in any event.
COMMISSIONER FRY: Thank you.
CHAIRMAN FRYER: Mr. Wright, there's a 30-day provision that would be offered to
the certain categories of tenants. Would you be willing to consider 60?
MR. WRIGHT: Is that the one where the essential services personnel are given the offer
first?
CHAIRMAN FRYER: Yes, yeah.
MR. WRIGHT: I am -- I'd be willing to consider that. This is -- I want to pull up the
specific language that they had in the staff recommendation. And this is just for your reference.
I'm reading from Packet Page 1261 where it says there's an essential services personnel
commitment, and it says in the event that no ESP rents available within 30 days of advertisement of
its availability, then it's offered to non-ESPs. Is that the --
CHAIRMAN FRYER: That's the provision I'm talking about, yeah.
MR. WRIGHT: And I'm not -- I'm going to ask Gregg real quick, if I may.
CHAIRMAN FRYER: Go right ahead.
MR. WRIGHT: It's not a showstopper, but we'd like to, you know, be able to advertise
before we open to make sure that we get a jump on that if we are going to give a 60-day window.
CHAIRMAN FRYER: What do the other members of the Planning Commission think
about an increased period of time?
COMMISSIONER HOMIAK: I think 60 days is kind of too long, when you're a rental, to
wait.
CHAIRMAN FRYER: Other thoughts?
MR. EASTMAN: It's certainly appreciated by the school district, Mr. Chairman.
CHAIRMAN FRYER: Could we -- could we close it out at 45 days?
MR. WRIGHT: Yes.
CHAIRMAN FRYER: Any objections from the Planning Commission?
COMMISSIONER HOMIAK: No.
CHAIRMAN FRYER: Okay. Thank you. Thank you.
MR. VANASSE: Good afternoon. For the record, Patrick Vanasse with RWA.
It's a pleasure to be here to talk about this project with you. We're excited about this
project for several reasons. One of the things is, it's providing a unique new offering to this
market. They're providing rental apartments that are a very high quality, and the level of amenities
that they're providing within this complex is above and beyond anything I've seen locally. And we
have pictures of projects, one that they just finished building in Orlando, and you'll see the great
pictures of the amenities that they do provide.
So they're providing a high-quality property, but you've got a private market-rate developer
coming forward and making a commitment, a solid commitment to provide true affordable
housing. And what I mean by true affordable housing is a lot of the projects we see in Collier
County when they're asking for additional density tend to be what we call gap or workforce
housing, and those tend to be 100 percent of AMI or above. And what is being offered here is
affordable housing that falls within the moderate and low categories.
So, again, a private developer coming forward with no government subsidies and making
that commitment. And, again, it's a very site specific Comp Plan amendment, very site specific
rezone with a lot of detail. So this is not going to be speculative. We're not asking for multiple
use. It's not going to change. We're only asking for multifamily rental units.
So from that standpoint, we think it's a great project. We also think the location is an ideal
location. And what I mean by that is if you look at that quadrant of this activity center, this is the
last remaining 10 acres that are undeveloped or unentitled.
And we know exactly what's in that area and what to expect. We know that next door to
us on the east is going to be a Germain car dealership approved for up to 60 feet. We also know
that you've got intense commercial activity where the Walmart center is. There's a hotel there.
There's a self-storage there. And we are creating that transition between higher intensity
commercial and lower intensity residential.
And, again, I don't think it's all that important that we look at the exact number of density.
It's more of we've got an apartment use that fits really well between commercial and residential and
creates that transition.
And we've worked very hard to develop a site plan and to develop a building that creates
the biggest setbacks that we can, that minimizes the massing and is at a scale and at an architectural
look and feel that is in keeping with the area and fits well with the area.
We're asking for a maximum of four stories. Staff has asked us to reduce the overall
height, the actual height to 50 feet. When we started this project, we had no architects, we had no
engineers that had actually looked at ground elevation, how much fill would be needed, how much
of a box we would need to fit those four stories. We have done that in the last few months. We
know that we can fit within the 50 feet, so we are pleased to say, yes, we can accept that condition.
And also with regards to density, some of the comments that were made, the reason why
we went from what we were initially offering to what we have offered now is we talked to staff and
we talked to some of the Planning Commission members. We were asked to revisit that.
The pro formas that the applicant put together were six months to a year old, and they were
really looking more so at the construction costs escalating and what they could possibly do. But
what they've done just in the last week is go back and look at other rental communities close by and
what those rents were, and they've been amazed at how quickly the rents have gone up elsewhere
at, you know, 10 to 15 percent increases.
So what that does for them is the portion that is not affordable, that they're not setting aside
for affordable, that's where they can make a nicer margin and then provide more affordable. But
the only way the amount of affordable works is predicated on that 30 units per acre. Anything less
than 30 units per acre makes it that they can provide less of that affordable. So that's why, even
though staff is recommending 25 -- and we're very happy -- well, I'm not going to speak for them.
I think -- I think we have support from them at 25, I will say -- we'd still like to pursue 30 because,
again, the more we get on the density, the more affordable we can provide, and there's a direct
relation there.
So that is -- that is why we're going to keep asking for the 30, and we think there's some
enormous benefits from quality of project and also the affordable housing component.
And as you'll see from the pictures, when we're talking about the quality of project, I would
like to talk about the project a little bit. So it's luxury apartments. They're going to very
well-appointed units, highly amenitized, parking garage on site. They are targeting young
professionals and empty nesters. The units tend to be smaller units but of a much higher quality so
they can still get the rents that they would like, but it's a smaller envelope, and it allows them also
to keep their buildings at a scale that is appropriate for the area where they can keep the buildings a
little smaller.
We think it's a great location. And when we started this, the intent was to try to look at
what the ULI housing study had put forward and to develop a project that was consistent with some
of those recommendations. And the ULI study talks about finding appropriate places along major
thoroughfares, activity centers. So these -- we're just outside an existing interchange activity
center.
So if we look at landscape-wide for Collier County, those nodes are the nodes that we've
identified as the areas where we see the highest intensities and densities in the county. The
infrastructure's there, the roadway system is there, and we've identified those areas as mixed use.
So people that buy there or live there know that these are mixed-use activity centers. Higher
intensity, higher density is expected.
So we think that's a great location. It's right by I-75, provides easy access for Southwest
Florida, and we believe that location, again, with this idea that we're an infill project in an area
where we know exactly what the uses are around, it makes it where it's a great location.
So some of the GMP amendments and LDC amendments related to housing affordability
that are going to be coming forward, staff has taken some of the ULI recommendations. And ULI
was recommending possibly up to 30 units per acre, and the ULI folks have seen this in resort
communities throughout the U.S. that, yes, you need higher densities for market-rate developers to
be willing to build and offer affordable housing.
So those experts provided 30. The recommendation right now that staff is putting forward
is 25. But the 25 would apply to all activity centers throughout the county, and some activity
centers may have more residential, a little less diversity when it comes to commercial, maybe a
little less intensity. This one is a major interchange. We know exactly what's there.
So while 25 units per acre in some places might be more appropriate, we think that this
one, knowing exactly what those uses are and what the compatibility issues are, I think it's an
appropriate place for 30 units per acre.
And the other thing is, as you went through your hearing this morning about the rural
fringe, these amendments sometimes take a very long time to be heard and get approved. You
have someone today willing to make that commitment.
So moving on, I'll talk about compatibility issues. I'll try to keep it brief. I know that our
biggest issue here is density. But I do want to touch upon the design and the compatibility
concerns.
CHAIRMAN FRYER: Go right ahead.
MR. VANASSE: So as I said, when it comes to the quality and the luxury, these were
renderings that were in the application when we started the project. You'll see we have pictures of
the actual built project in Lake Mary outside of Orlando, and the final product is even better than
the renderings are. But this is a level of amenity, as you can see, dog park, high-quality finishes in
the units, internal/external recreation, gyms, that type of activity.
This just touches upon the ULI study. And one of the things that I want to point out is
when it comes to housing affordability, ULI makes a very important point that transportation
combined with price of housing is crucial. And you've all heard about driving to qualify, that type
of thing. So being in a good area close to transit is very important. Walmart has a transit stop.
The regional park, very close by, has another big transit spot right there.
So we have shopping, we have services, we have recreation, we have all the amenities
close by, which will promote walkability and transit use.
This was the initial commitment. As Jeff mentioned, we are upping this, and the full 70
units would be in the affordable category. That talks about the unique location that we have.
Again, infill project, very site specific. This does not set a precedent for other properties
throughout the county.
Another important issue that we are proposing is when it comes to transportation, we've
done our TIS, we have no significant impact on the adjacent roadway system. But what we've
done is we've teamed up with Germain next door, and we're providing one access point for both
projects, limiting the curb cuts and access points along Immokalee, creating a safer configuration
having one turn lane for both projects, that type of thing.
One thing that I'd like to point out also is the folks at Bermuda Palms, we're showing a
potential interconnection. That's completely up to them if they want that connection or not. We
think it could be a benefit to the residents because we're going to have a frontage road leading to
Juliet Street [sic] and leading to the commercial activity center there so they wouldn't have to go
back onto Immokalee to just go for errands, or when it comes to going west, they could go straight
to Juliet Street where it's a signalized intersection to get to Immokalee and go west. So we think
it's a great benefit.
One thing that we hadn't committed to in our writeup or our application initially, and it's a
no brainer for us, is that if they want to connect, we'll make -- they can make that a gated access
point, and it can be one way. So none of our traffic would use their entrance, but they could
completely go through our project and use that frontage road all the way to the Walmart Super
Center, for example.
CHAIRMAN FRYER: Mr. Vanasse, do you know how far along Germain is? Have they
broken ground?
MR. VANASSE: I drive by it. The only thing I can tell you is I haven't seen anything
driving by.
CHAIRMAN FRYER: Okay. Thank you.
MR. VANASSE: Next slide shows that frontage road. So as you can see in blue, the
gray area is our subject property showing the building footprint, and that frontage road crosses our
property, crosses the future Germain auto dealer, connects to Useppa and goes to Juliet Street.
Juliet is where the signalized intersection is.
So not only is that going to create a better configuration for traffic, but it's also going to
promote bike/ped activity. All these folks, once they come home, if they need to run a quick
errand or if they want to go to Seed to Table to have a drink and have dinner, they can easily walk
there or bike there. Again, I think that's a great benefit to our transportation system. We promote
that, but we see very little of that in Collier County. And, again, you're seeing private developers
willing to do the right thing and commit to this.
COMMISSIONER FRY: Patrick, can you leave that slide up for a second. A couple
questions.
MR. VANASSE: Sure.
COMMISSIONER FRY: So the access road you're showing, looking at your property,
you actually showed going up to Immokalee and then back down to connect to Germain, but you
don't really have to do that, correct?
MR. VANASSE: So our access point is right here, if you see my cursor.
COMMISSIONER FRY: Yeah.
MR. VANASSE: That's a joint access point. We're showing that should Bermuda Palms
want to connect, this is their access point. They could connect through our project and make it all
the way to Juliet Street.
COMMISSIONER FRY: So they can -- where that line goes across your -- that line right
there, that goes right ahead into Germain's property?
MR. VANASSE: Yes.
COMMISSIONER FRY: Okay. All right. That was Question No. 1.
Question No. 2, is there a crosswalk at Livingston to go north across Immokalee Road to
Seed to Table? You mentioned it's easy for them to get there, but that's six lanes plus --
MR. VANASSE: The easiest thing in my mind would be to cross at Juliet, go to the other
side of the road.
COMMISSIONER FRY: Then walk back?
MR. VANASSE: Then walk along the northern side along the canal. I'm not exactly
sure what the crosswalk configuration is there. Maybe transportation staff would know, or
Ciprian. There's a -- so Ciprian, who's our transportation consultant, will answer the question. I
think he's saying there is a crosswalk.
MR. MALAESCU: Good afternoon. Ciprian Malaescu, Trebilcock Consulting
Solutions.
There is a crosswalk --
COMMISSIONER FRY: Can you speak into the microphone?
MR. MALAESCU: I'm sorry. There's a crosswalk over there. It's a signal at Livingston
and Immokalee Road, signalized intersection.
CHAIRMAN FRYER: Thank you.
COMMISSIONER FRY: Thank you.
CHAIRMAN FRYER: What was your name again, sir?
MR. MALAESCU: Ciprian Malaescu.
MR. VANASSE: So he works with Norm Trebilcock. Norm, unfortunately, this week is
out of the area. So Ciprian has decided to chip in and help us out, and if you've got some more
transportation questions, he can address those.
CHAIRMAN FRYER: Thank you very much.
MR. MALAESCU: Thank you.
MR. VANASSE: So when it comes to density, again, I think, you know, I made it clear
that it's crucial for the provision of affordable housing and also to provide the quality project that
they want to provide. But when it comes to density -- and as planners we talk about this all the
time -- that people react to form, and what I mean by that is how buildings look, the scale, the
aesthetics, and they don't necessarily react to numbers. So if you tell someone 16 units per acre or
20 or 30 units per acre, it's such a nebulous term that people have trouble understanding what that
means.
And every project is a little different. So sometimes you're going to get a little more open
space or you're going to get a little more landscaping, and people are really swayed by the
aesthetics and the feel and how it looks. So there's a lot of things that we can do to make a project
compatible and to basically mitigate for our density and our intensity of use.
So, obviously, the aesthetics are important, the massing is important, and what we've done
with this building -- and I've got an exhibit showing that -- is we've broken up the building where it
faces Bermuda Palms creating courtyards so they don't see one big, massive building. They see
just kind of the ends of some of the wings, and they see a lot more landscaping, a lot more
courtyard, greenery, and the recreational areas.
We've also enhanced the buffer. So where we abut residential, we enhanced the buffer
along Bermuda Palms. And where we abut Livingston Lakes on our backside, that's where we've
located our preserve, and that's 100 feet -- 150 feet wide plus or minus, which creates a significant
buffer. So the setbacks, the buffering, the aesthetics are all things that we really considered, and
I'll go into that with some exhibits.
And then the other thing was, I've got this slide kind of showing that, you know, we've got
higher-density projects in Collier County. We don't have a ton of them, but we have them. And
typically those higher-density projects are from existing larger planned -- PUDs where there was
some density left over and they clustered it, and they typically clustered it along a major
thoroughfare, and that came on the tail end of the project.
But what I've got here is pictures of Orchid Run. It's been an extremely successful
project. This is the -- it's a residential rental multifamily project that I believe, from the applicant's
research, has probability the highest rents right now in Collier County, and it's higher density, it's
clustered density that was part of the PUD, and it's very attractive and very popular.
But we've got other examples. Bayfront, Naples Square, Magnolia Square, Addie's
Corner, and Mooring Parks at Grey Oaks. And I know that Mooring Parks at Grey Oaks is
assisted living mostly, so that's a bit of a different animal.
But I'm sure you've all driven by it. With the right landscaping and the right architecture,
it's a great looking project, and it's a benefit to this community.
So this is what I meant by the massing and where we've located the building. So as you
can see, we put the majority of the building as close as we could to our eastern boundary, really,
where that's where the commercial use is and the more intense use, to provide separation, as much
separation as we could to the residential.
And then we've broken up the building where we provide courtyards, and there in the
middle is a parking garage, and the parking garage is going to be lower than the rest of the
building. The parking garage is going to be three stories. The rest of the building is four stories.
So we've very carefully designed this, and we provided those enhanced buffers.
And just to give you some examples here, with the current LDC, I believe that required
buffers between industrial and residential use with straight zoning is 50-foot setbacks. And on
here, I think the closest we have from a separation to a residential building is 190 feet. And our
setback on our property, we have 80 feet. So they have some space on their side, and we have
space on our side, but we far exceed any code requirements. And if you look where we abut
Livingston Lakes, where our preserve is on the backside, we have over 270 feet to the closest
residence.
So we've put a lot of care into making this compatible. And as staff indicated in their staff
report, they feel that from a compatibility standpoint we're pretty much there. They just wanted to
reduce the height, and we've agreed to that. We can reduce the height.
So from that standpoint, we think we have staff support from a compatibility standpoint.
We've gone through great efforts to make it compatible from a design standpoint. So we think it's
in keeping with the area. It's not going to impact the neighbors. And the 30 units per acre, again,
being 25 units per acre or being 30 units per acre is not going to change the way the building looks
or how it feels.
CHAIRMAN FRYER: Commissioner Fry.
COMMISSIONER FRY: Patrick, I can appreciate the U-shaped buildings and what
impact that -- how that minimizes impact to the Bermuda Palms people. Can you go back one
slide?
MR. VANASSE: Yep.
COMMISSIONER FRY: In the center you mentioned it's a parking garage. I mean,
either that's the top level of a parking garage, or that is a parking lot. It looks to me like it's a
parking lot.
MR. VANASSE: It's the top level.
COMMISSIONER FRY: That's the top level. So that's actually a solid building there.
So they do see a solid structure throughout the entire center of that -- of your development. Do
you have elevations showing what they would see from there?
MR. VANASSE: Not from that side. We do -- I believe I may have had. In your
packet -- I don't have it as a slide, but in your packet, we have a rendering that was taken from this
Lake Mary project that has a parking garage as part of it. So in that packet -- and I think I put a
note on there that that would be subject to change, and the design would be slightly different for
this project. But that rendering kind of gives you a bit of a feel of what that parking garage would
look like.
So -- and I'm not going to belabor this. I can go back to any of those line-of-sights
exhibits. But we looked at the massing and the size of our project versus other projects, the
separation, the distance. Again, I think from a massing standpoint, we fit in very well. We create
a good transition. The only thing to point out is adjacent to us on the eastern side, we have
vegetation here. That's going to be that auto dealership at 60 feet. So -- and we dropped down to
50.
And then from a line-of-sight, this is from Livingston Lakes. What this line-of-sight
rendering shows you is that they should just see our preserve and not see our building on the other
side.
This is from Carlton Lakes across Immokalee. Closest homes are at about 630 feet, I
believe, away. Again, very long distance. They're going to see a lot of roadway, median
landscaping, and they might get a glimpse of our top -- the top of our project. And keep in mind,
all those renderings were done at maximum 60-foot actual height, which, again, that's going to be
brought down to 50 feet.
And this, the closest folks to us is Bermuda Palms, and this is a rendering from Bermuda
Palms. Again, as I mentioned, we kept as much separation as we could from them. We're
providing that enhanced buffer. We talked to staff about looking at existing vegetation along the
boundary and trying to save some of the mature trees that are there. That's certainly something
we'll go back and look and talk to our environmental and engineering folks, but trying to keep as
much of that mature vegetation as we can.
I've got -- the two next slides are just associated with trip data but, basically, unless you've
got questions, I'm just going to go real quickly through those. The TIS conclusion is we have no
significant impact on the roadway system and that for most segments we actually have a de
minimus impact and that our project will not negatively affect Immokalee in front of our project.
CHAIRMAN FRYER: Anybody want to hear more about traffic?
(No response.)
CHAIRMAN FRYER: Okay.
MR. VANASSE: So with that being said, I'll turn things over to the applicant. He will
tell you a little bit about what their intent is, why they do this, what they have to contend with when
it comes to cost and market demand, and he'll show you that great project in Orlando that I
mentioned.
CHAIRMAN FRYER: Thank you very much.
MR. FUSARO: Good afternoon. I know you guys have been here a long time. I
appreciate the time. My name is Gregg Fusaro. I'm with Capital Investment Group. I'm a
partner with the company. We're actually headquartered in Cincinnati, Ohio, but we've realized
over the last few years that it's a lot nicer here in the winter. So that's why we've been actually
focused on a lot of different developments in different Florida markets.
I wanted to let you know a couple of things about us is that we are generally -- we build,
we develop, we own and manage our assets. So, historically, we have been long-term holders of
properties, and we manage everything that we build. So it's us. It's not -- we don't turn it over to
a third party. We manage all of our assets.
More recently, we have sold some properties just because the market has -- the markets
have been just crazy. But historically, we put long-term debt on our properties, and we hold them
for the long-term.
I just wanted to point out a couple of things, I think, and that is that one of the exercises
that we've been going through in the last few days related to affordability, and the reason that we're
able to kind of upgrade the number of units that we can provide at a lower -- to lower median
incomes is based on just kind of continually researching what's going on in the marketplace, and
what's happening here is that because of the lack of supply, rental rates across the board, but
particularly in the higher end, which almost everybody has to build today, those rates have gone up
extreme -- I mean, I was shocked at how quickly they've gone up. And one of the ways to work
with that supply-and-demand issue, if the supply continues to be limited, demand continues to go
up, which is happening in this market, prices have to go up.
If you add some more supply, it will have a mitigating effect on overall rental rates.
We've seen that in Cincinnati in a big way, not necessarily for the good of folks like us who have
properties and modeled certain rents, and we've seen those rents, you know, go up very quickly and
then kind of tail back down as more and more product has come on the market.
So in our urban core downtown, we had rents that, in some new projects three or four years
ago, started out about $1.90 a square foot and ramped up to about 2.30 a square foot, and
everybody thought, well, gee whiz, I can come in and do that, too, and get those rents. Well, the
additional supply has actually pushed rents back down, and so that average now is around 2.05 a
square foot, so it has mitigated because of the additional supply.
In terms of this site and this location, one of the reasons that it's -- it's great, not only for us
but we feel for the neighborhood and the immediate market area, is because it does provide what
we always look for, which is walkability. And it's not maybe the same as being right downtown
on Fifth Avenue or something like that, but you've got walkability to the Strand, you've got
walkability to the hotel, you've got walkability to the bank, to Seed to Table and, just as
importantly for our residents, is the park that's right around the corner.
And so, you know, those are the kinds of things that we look for in development sites and
one of the reasons -- one of the reasons why we think this is a great site for this product. The other
being that we do feel it's just a great transition from the car dealership to the residential to the west.
And as Patrick said, we've tried to push everything away from the residential as much as possible.
In terms of rental rates versus mortgage rates to our neighbors to the west, the rents at this
development will be comparable or more than a mortgage payment would be today if you
purchased one of the units in Bermuda Palms. So there's, I think, great compatibility there in
terms of not only cost but the kind of resident that you'll have in the makeup of that neighborhood.
But the walkability is very important to us.
We also are pleasantly surprised at the -- while, again, we know we're adding traffic, the
impact is minimal. And I think our team did a great job in working with the Germain group to
provide one access point for both developments and to provide the service road through to Juliet,
which is a big plus for our residents. So we're really excited about that.
We believe that -- and where do we go here?
So this is a project that we just finished in the Lake Mary area of Orlando, and I just
wanted to show these to you because it's -- while no two projects that we do are identical, it
conveys kind of the concept that we would envision here. This is a four-story building, all
elevator served, and it does have a parking garage. This slide shows some of the interior finishes
in the common areas, so all of our developments have very extensive common areas and really
recreation opportunities for our residents.
CHAIRMAN FRYER: Excuse me, sir. You said a parking garage is below ground?
MR. FUSARO: No, no, no. I'll show you. This is an aboveground garage similar to
what we would --
CHAIRMAN FRYER: This is four stories over parking?
MR. FUSARO: No, no. This is four-story with an attached parking garage, excuse me.
CHAIRMAN FRYER: Gotcha. Thank you.
MR. FUSARO: I'm sorry.
This just shows you some of the interior features that we try to incorporate into every
development. The one on the left is our -- is part of the clubroom, pool table area. We have a
fitness center, obviously, in every development that we do.
This is one of the courtyards in that development with putting green, jacuzzi, swimming
pool. Every property we do today has a pet spa, and generally we have a golf simulator room in
every development, and we really encourage that interaction between residents on site.
This just shows you the interiors of some of the units. They're condominium quality.
Everything we do today is like that.
And the summary, basically, I've already talked about. One thing I do want to make sure
that I mention is this development has a two-level garage, not four or five. I think Patrick said
three. It's actually just two levels; on grade and one level above that, and there's actually no roof
on that building, so that will be open on the second floor. So it's not a three-story structure. It's
actually one story above grade.
COMMISSIONER FRY: So from Bermuda Palms as they look across at your
development, they will see the ends of the U-shaped buildings, and then in between those two
buildings they will see a two-story parking garage that fills kind of a central courtyard area.
MR. FUSARO: Correct, correct, yeah.
So I appreciate your time. Happy to answer any questions if I can.
CHAIRMAN FRYER: Thank you, sir.
No one has lit up on their deliberator. Therefore, seeing as it's 25 minutes after
2:00 -- well, before we recess, let me ask how many, if any, registered speakers do we have?
MR. YOUNGBLOOD: Mr. Chairman, we have three registered speakers online.
CHAIRMAN FRYER: Okay. Anybody in the room?
MR. YOUNGBLOOD: No, sir.
CHAIRMAN FRYER: Okay. And then, of course, we have staff. All right. So let's
take a 14-minute break to 20 minutes of 3:00. We're in recess till 20 minutes of 3:00.
(A brief recess was had from 2:26 p.m. to 2:41 p.m.)
CHAIRMAN FRYER: Let's return to session.
Mr. Wright, anything further from the applicant?
MR. WRIGHT: No, sir. That concludes our presentation.
CHAIRMAN FRYER: All right.
MR. WRIGHT: We're here if there's questions.
CHAIRMAN FRYER: Okay. Planning Commission, any questions for the applicant?
It appears not. Thank you.
All right. We'll hear from staff. Is this going to be Mr. Sabo? No.
MS. MOSCA: Good afternoon, Mr. Chairman, Commissioners. For the record, Michele
Mosca with Zoning Division staff.
CHAIRMAN FRYER: Thank you.
COMMISSIONER FRY: You look familiar.
MS. MOSCA: Maybe from this morning.
CHAIRMAN FRYER: Maybe.
MS. MOSCA: Okay. So before we start talking about the zoning petition, we're going to
address the Comprehensive Plan amendment, and it is a small-scale, so this will be an adoption
ordinance, so you won't have a second shot at this one.
CHAIRMAN FRYER: Right.
MS. MOSCA: So when Comprehensive Planning looks at a petition, we always ask,
should this plan amendment be approved? Because without the plan amendment, you can't get the
zoning. So just make sure everybody's aware of that.
So there's always a lot of focus given to the zoning petition without a lot of discussion
about the county's vision for the growth plan as well as its policies. So what are these policies?
The first policy within the urban area, the vision and the plan is to allow a maximum density of up
to 16 dwelling units per acre except in the mini-triangle area of the Gateway/Bayshore CRA.
One area of the plan that allows 16 dwelling units per acre is the activity center, and you
heard the applicant mention the activity center. Density provisions of the plan provide a
transition, that is the higher densities in the activity center in intensities to the lower densities to be
further removed from the activity center.
The subject property is not within an activity center nor is the Germain Immokalee
property to the east, which was subject to a recent Growth Management Plan amendment.
The second policy, as mentioned by the applicant, is the proposed affordable housing
initiatives. So you all haven't seen those initiatives yet, but those provisions will be reviewed by
the Board, most likely reviewed by the Planning Commission. But those are to allow a maximum
density of 25 dwelling units per acre, and these are specific provisions for affordable housing, a
targeted type of development.
I'm going to skip this slide. We know about the site conditions already from the applicant.
So two areas of concern that Comp Planning staff has with this petition: Density as well
as compatibility. The eligible density under the existing plan provision is 16 dwelling units per
acre. The base eligible density is four dwelling units per acre, and the eligible bonuses to target
certain types of development, such as affordable housing, is available up to 16 dwelling units per
acre.
The subject property is requesting 30 dwelling units per acre. That's 14 more dwelling
units per acre than what the plan allows currently. The density is out of character with the
surrounding densities on adjacent properties, and you can tell in the slide; take a look around the
surrounding areas.
So as you can see from the activity center far over to the east, you see that the densities
gradually go down. They go up a little bit by the -- I'm sorry -- the intersection of Livingston and
Immokalee Road, and those all received eligible bonuses for either infill or affordable housing or
residential density band, because that's the intention, to transition. So in the activity center, 16
dwelling units per acre. As you go further out, there's that opportunity for the residential density
band of up to three additional dwelling units per acre.
So the project is requesting a higher density than what is being proposed by the affordable
housing amendments that you'll see in the future. It does not provide the number and type of
affordable units identified in those affordable housing provisions.
The second area of concern is compatibility. And the applicant has done a
significant -- tremendous job to address compatibility with adjacent properties. They have done
that. Comprehensive Planning staff typically defers the compatibility analysis and review to
Zoning staff so they can review the project in its entirety. But what I've provided here is Future
Land Use Element Policy 5.6. And, again, this is a Comprehensive Plan amendment. This is not
a project that can come in today and request the 30 dwelling units per acre. So what we look for is
that any new land uses be compatible and complementary to the surrounding land use. The
evaluation typically looks at the building location, orientation, height, buffering, and other factors
to determine compatibility.
So I'm going to show you the different heights in the area. So to the west is a 34-foot
two-story building; to the south they're 35-feet two-story buildings; to the west, that's the
undeveloped Germain Immokalee project, and that's 55 to 60 feet; and then to the north, 35 feet,
two-story buildings.
Now, I want to state that the applicant has provided a greater buffer than required on the
western side, I believe also on the southern side, which goes a long way to addressing
compatibility; however, we do recommend that the Type B buffer that they're proposing, that
perhaps maybe they can add enhanced buffering, maybe some mature trees or retain the trees that
are in that area presently.
Additionally, perhaps enhanced building perimeter plantings to soften the look of the
garage structure as well as the building itself.
COMMISSIONER SHEA: Can we ask a question on that last slide?
MS. MOSCA: Sure.
COMMISSIONER SHEA: Where is Germain's at 55 to 60 feet? It seems like that would
be pretty compatible with what they're asking for.
MS. MOSCA: Right. And, typically -- and typically we would require a transition
downward. Maybe that got in under the radar; I don't know. But typically we would have
suggested a lower height, and perhaps they won't come in at 55 feet, 60 feet. I'm not sure what
they've developed in the past for, you know, the heights.
CHAIRMAN FRYER: That came before us, and we granted it.
COMMISSIONER SHEA: What's that? We did?
CHAIRMAN FRYER: Yes.
COMMISSIONER SHEA: These are actual heights, right? We're not getting into the
zoned height?
MS. MOSCA: No, those are actual heights.
CHAIRMAN FRYER: Sixty is actual.
COMMISSIONER SHEA: Actual.
MS. MOSCA: Right. For the surrounding properties, those are the actual heights of
those two-story buildings.
So I just wanted to address the project justification. So the applicant's justification for the
30 dwelling units per acre were the commitments for essential service personnel. And, again, the
discussion staff had with the applicant during the lunch hour, they go a long way to addressing the
affordability portion. So now they've increased the 35 rent-restricted to 70 for ESP, as they
mentioned. So 35 of the units will be 80 percent and lower, and 35 units will be greater than
80 percent to 100 of the AMI. And for those of you who are not aware of the 2021 AMI, that's
84,300. So just to keep that in perspective.
So the proposals under the affordable housing amendments, those are the initiatives that
the applicant has talked about, the initiatives that I spoke about earlier. Initiative 3, which is
affordable housing in the activity center, that requires two-thirds of the bonus, so that's two-thirds
of the bonus between 16 and 25 would be the proposal to be available to low and very low income.
Now, they haven't proposed any low income in this project. That would mean 88 out of
the 280 units would need to be affordable. Initiative 5, which increases density along transit
routes, again, requires two-thirds of the bonus, and in this case above 13 dwelling units to be
available to low and very low. Again, the project is not proposing any very low. And that would
require 106 of the 280 units.
So let's talk about some of the density that they believe is comparable to the other projects.
So we take a look at the pictures. There's three examples here that the density is not comparable,
and context is different.
So we'll look at -- first we'll look at -- the top right corner is Magnolia Square. It's at
Goodlette-Frank Road. This is actually -- and I believe Patrick had mentioned this. This is part
of a larger Planned Unit Development, although the density itself, the 10.5 acres, roughly 290 units
at, again, roughly 30 DUs per acre. But this is a very different project. This project is in a
mixed-use development. So surrounding it are commercial. To the north, there's office buildings,
to the east, industrial, and the school and some additional retail, and then across Goodlette-Frank
Road to the west, Pine Ridge Road Estates, and those are hundreds of feet away. So just a
different context to keep in mind.
The Orchid Run development, which Patrick mentioned, at Livingston Road and Golden
Gate Parkway, both of those are six-lane divided highways. This piece is part of a larger Planned
Unit Development, Grey Oaks, and it's an isolated piece. So there really isn't any additional
residential around them. There is a golf course and some units further away. And this is at a
density of 12.87 dwelling units per acre, roughly 21.91 acres.
And then lastly is Addison Place. That's at Immokalee and Collier Boulevard. And,
again, that's at 15 dwelling units per acre.
The next item is demand for rentals units in the market. There is, based on their market
study, a demand in the area. Additionally, within this same market area, you'll see another
apartment complex coming forward, and this is at the corner of Goodlette-Frank Road and
Immokalee Road, and they're asking for an approval of 30.3 dwelling units per acre. So the
concern here would be this approval could be the new level of accepted density at 30 dwelling units
per acre.
So staff is recommending from the Comp Planning side that we reduce the density to 20
dwelling units per acre for a total of 187 dwelling units.
CHAIRMAN FRYER: Did you say 20 or 25?
MS. MOSCA: Twenty.
CHAIRMAN FRYER: Twenty.
MS. MOSCA: I'll touch on that in a moment.
CHAIRMAN FRYER: Okay.
MS. MOSCA: And then also reduce the building height in the PUD rezoning petition and
require taller plantings in the Type B buffer along the western property line.
Given all the information that we received at lunchtime, they are -- the applicant is getting
closer to the initiatives that are being proposed by the Housing Department, and so staff would be
able to support 25 even though it's not comparable to all of the requirements of those initiatives.
So with that, I conclude, and I will have Josie talk about the zoning portion.
MR. KLATZKOW: So we're basing our recommendation based on an LDC amendment
that the Board hasn't approved yet?
MS. MOSCA: Yes. But it's -- you know, it's consistent with the direction that we're
moving forward with. So we can get to that level. Right now it's 16 dwelling units per acre, and
staff could, in fact, justify the 20 because they were providing affordable housing, and they were
making a commitment for 30 years. So that's why we were able to support 20.
CHAIRMAN FRYER: Thank you.
MS. MOSCA: You're welcome.
MS. MEDINA: Josephine Medina, principal planner with Zoning Division, for the record.
So when staff is evaluating RPUD, residential -- or any PUD rezone, to echo what Michele
was saying, we do evaluate FLUE Policy 5.6, development compatibility and complementary
surrounding land uses. We also review LDC Section 10.02.08.F for rezoning -- for our rezoning
findings as well as for the PUD findings, LDC Section 10.02.15.B.5, which I'm sure you guys are
aware of.
So we evaluate this based on the maximum and minimum development standards that
the -- and development commitments. This evaluation, I guess I should have mentioned as well,
was also based on the reduced -- the recommendation of reduced density to 20, when I was looking
at the compatibility extent.
So the main portion that -- the main property that would be affected is definitely, as
mentioned, Bermuda Palms Condominiums. This is the one that we've also received 27 signed
petitions in opposition as well as one letter requesting a reduction in density.
So if we look at the property itself, what the developer is proposing is 80 feet setback from
their property line as well as a 15-foot-wide Type B buffer which, as they mentioned, is enhanced
because the LDC would require only a 10-foot Type A buffer.
And we are also looking at the 35-foot two-story building right here to the right. If you
look to the left, then you would see what you -- from the second story, what Bermuda Palms
actually is looking towards. Right now, obviously the undeveloped property, I believe the agent
said that the trees about -- are about 65 feet tall. And this is an estimate, so it obviously might not
be the exact height. But I just wanted to get you an idea of what they would be looking at.
COMMISSIONER FRY: If the building is 50 feet tall, as we discussed, and these trees
are 65, are you saying that the Bermuda Palms people would not see?
MS. MEDINA: Well, these trees are what are existing on the undeveloped.
COMMISSIONER FRY: Oh. So those are coming down, replaced with a Type B
buffer?
MS. MEDINA: I guess it would depend on what's exotic, what's not, and if they're willing
or able to save.
COMMISSIONER FRY: Okay.
MS. MEDINA: So it's really not -- I wouldn't be able to say. But just kind of a feel,
because since it hasn't been built, I can't really say.
And to the north, Carlton Lakes -- Carlton Lakes. Minimum 150-foot setback from
Immokalee Road is what's being proposed, LDC required Type B buffer. The amount of impact,
especially with the reduced height, I don't think it would be as much. Like I said, mostly what
we're seeing and how the site is located with it being long, it would definitely be more towards the
west where you're seeing the majority of the impact.
To the south, as you can see, this is what's, again, existing. There is a commitment to
1.18 acres designated along the southern side of this. And so if you can see, these are
two-story -- I believe they're condominiums on the south. Depending on what happens with the
amount of exotics that are there in the preserve, we don't see much of an impact also with the
degree of -- I believe they said about 150-foot setback. I don't see much of an impact as well.
They are required -- they can use the preserve as their landscape buffer, but it if there are a
degree of exotics that are found, they do also have to meet the LDC requirements to beef that up a
little bit.
And, Commissioner Fryer, to answer your question about where Germain Immokalee is
right now, right now the last -- I think Tuesday they had a pre-app for SDP. We didn't learn much
from that, so that's where we are. So this is why I'm showing you what was approved in the
ordinance as their master plan so you can kind of get an idea.
Proposed setback from Immokalee -- from Germain Immokalee is that 25-foot setback and
the required Type B 15-foot-wide buffer and, again, that ingress and ability to access Juliet through
the site.
And to address the why we went to -- requested a reduction in height, so staff reviewed the
surrounding heights just to get an idea of what the impacts would be. So I think Michele went
over this, two-story, 35 to the north; 30 feet, two-story Windsong; and then Eboli (phonetic) -- or
Bermuda Palms is 34 feet. There was an approval to the south, it could either be multifamily or an
ALF. It was approved for a zoned -- for, I'm sorry, an actual height of -- and that's wrong right
there, but an actual height of 47 feet and a zoned height of 40 feet.
And then we have to the south two stories, 35 feet. And then Germain Immokalee 60 feet
and 55 and we -- as the applicant had said. The point was for this to be a transition, and usually
transitions you don't go neck and neck. It's something where we want there to actually be a visual
transition as you're going down the road, even for Carlton Lakes, something like that.
So the other point I wanted to make is these are two-story structures but they're also
divided into various buildings. So all of the multi-families we have around here are not just -- and,
yes, there has been some work to allow for the courtyards and the smaller parking garages, but
there's still something to do with being able to divide a building and letting that light truly come in.
So the areas of concern that staff had when reviewing the evaluation criteria were the
proposed change that would seriously reduce light and air to adjacent areas. That being said, the
applicant did mention that it's a visual thing for density, but when you're living next to something,
it's also more noise and more light. More people creates that. So I just wanted you to keep that in
mind as well.
So -- but they did really work on creating orientation where their setback was beyond what
is permitted -- what is required for MF -- RMF-16, and their conceptual building envelope
identified in the master plan definitely showed their concern with being able to break up the
massing. They also identified the preserve location for that south -- southern portion to mitigate.
They also had the buffer increase from a Type A to a Type B, which did mitigate to some extent.
CHAIRMAN FRYER: Commissioner Fry.
COMMISSIONER FRY: Yes. So are you saying that you have a concern about the
massing of the building? It's really one -- you have the -- it's really one long, continuous building
not with the parking garage in the middle. So from Bermuda Palms, you're seeing a long, massive
building with no gaps in between, or am I -- am I missing something?
MS. MEDINA: I mean, yes, there is some concern with that, yes.
COMMISSIONER FRY: Okay.
MS. MEDINA: So -- and there was a request for a reduction to the actual -- maximum
actual height to help with that. But, again, as density increases, you get more light; you get more
activity happening.
We were also -- I was also concerned with the request being out of scale for what the
neighborhood needs. Again, it's surrounded by two-story multi-families to the north, south, and
west. So a reduction to the maximum actual height would create more of an appropriate transition
from the commercial to the east.
So staff went ahead and did a whole bunch of field surveys. I wanted to get an idea of
what the actual impact might be. There's not really something in the county where I could
compare as much just because of how tight this site is. The best width I could find of
comparability was Orchid Run. It's 351 feet wide, four stories, density of about 2.87 [sic]
dwelling units per acre. Obviously not the same density.
Also, they have different stories. So if you go towards Golden Gate Parkway, they
actually have two-story buildings/apartments instead of the four-story over here.
So also different context along major thoroughfares. They have a canal. They have
industrial zoning over here. Livingston Road divides them from Estates zoning. They also have
a golf course where the major impact really is.
Another field study survey that was done was Addison Place Apartments. As you can see,
again, a little bit more isolated, have more preserves and dry retention areas as well as to the south
will be commercial. And it's a big -- bit wider site. It has less of -- it's divided into multiple
buildings as well. And they do also have enhanced buffers along the eastern portion of it; Type B
buffers that have been enhanced with more mature trees. They've also made them different
widths, depending where it is. If it's the amenity center, they have increased the width to 20-foot
or 20-foot-wide. So they have varying degrees of Type B buffers depending on what type of use
is at the location. And they are at about 15 dwelling units per acre, 51 feet actual, and four stories.
With that, staff recommends approval subject to the following: Reduction to the
maximum actual building height to 50 feet, and a revision to the master plan -- and this is just a
correction for cleanup -- to identify a 25-foot setback along the eastern property line as has been
identified in the residential PUD development standards.
Other than that, I guess, like Michele, since there were changes that might increase the
density, staff does have some concern with the amount of light and noise that might come from the
development with a higher density, so it's in agreement with Michele regarding her request for an
enhanced buffer facing Bermuda Palms.
CHAIRMAN FRYER: Commissioner Shea.
COMMISSIONER SHEA: Those three examples you showed, do they do anything with
affordable housing?
MS. MEDINA: I do not believe so. I don't -- I didn't research that, to be honest.
CHAIRMAN FRYER: What is staff's official recommendation with respect to dwelling
units per acre?
MS. MOSCA: I would defer to Michele.
CHAIRMAN FRYER: Okay.
MS. MOSCA: Again, Michele Mosca, for the record.
It's really challenging for staff to go from 20 to 25 and then up to 30, again, with the
proposal for the additional affordable housing at those lower levels. It's ultimately a Board policy
decision, but staff could be supportive of the 25 dwelling units per acre if, in fact, they provide for
the mature trees and the Type B buffer, just so you provide those safeguards and protections for the
adjacent property to the west.
CHAIRMAN FRYER: Thank you.
COMMISSIONER SHEA: And are you talking about if they do the 35 and 35 on the
affordable?
MS. MOSCA: Yes. Now, mind you, that second tier, 80 percent and below, likely you'll
get 80 percent. So you may not see all the way down to the 50 percent.
CHAIRMAN FRYER: Okay.
COMMISSIONER FRY: At 187 -- oh, what would 25 units per acre be, then; 235 or so?
MS. MOSCA: Is your math better than mine?
COMMISSIONER FRY: Oh, I don't know. So we're now above 25 percent. We're now
at 30 percent or so affordable units out of the total if we did 25; seventy units out.
MS. MOSCA: Two eighty.
COMMISSIONER FRY: Well, it's not 280 at 25 units. It would be 235 or so.
MS. MOSCA: Yes.
COMMISSIONER FRY: Okay. Is there a way to quantify the additional buffering
request that you're making? Meaning Type -- you know, we have Type A, B, C, and D. You're
talking about mature trees. Is that a -- is there a more tangible or quantifiable way of requesting
the additional buffering?
MS. MOSCA: Patrick has a good idea. Because, you know, we were just thinking
mature trees. So at time of planting, Patrick is saying that they could provide for certain diameter,
and I guess it would be. I'm sorry.
MR. VANASSE: So in talking with --
CHAIRMAN FRYER: State your name, sir.
MR. VANASSE: For the record, Patrick Vanasse.
In talking with the applicant, I think his intentions are very good. He was saying, well, we
could possibly tag existing trees and keep them there. Part of the complication is when we
develop a site in Southwest Florida, most of the site has to be filled, and we have to put berms. So
it makes it very difficult to preserve existing trees.
What we can commit to -- and I'm not a landscape architect. But before we go to the
Board of County Commissioners, we can have something very specific as to size of tree. So
minimum planting height and minimum caliber, so how big around the tree would be. So that's
not a problem. We'll get our landscape architect to give us some advice on that, and we can
certainly have a solid commitment by the time we get to the Board.
CHAIRMAN FRYER: All right. Thank you. Any other questions or comments?
(No response.)
CHAIRMAN FRYER: Anything else from staff?
MS. MEDINA: Well -- and I'm not sure if this is -- just to make sure the commitment for
the two-story parking garage and four-story principal building is also something that the applicant's
willing to commit to. It is not on the development standards and was one of the letters that we
received that there wasn't clarity in that from --
CHAIRMAN FRYER: Fifty feet and four stories, right?
MS. MEDINA: Correct.
CHAIRMAN FRYER: I believe that's what I heard them say.
MR. WRIGHT: Mr. Chairman, again, Jeff Wright, for the record. I think Mr. Fusaro has
a comment that he would like to make on that particular commitment.
CHAIRMAN FRYER: By all means.
MR. FUSARO: Thank you. For the record, Gregg Fusaro.
So I guess from our perspective, if we can make 25 units per acre work, without giving you
any detail, because I haven't really thought through it, but with the less units we can either reduce
the height of part of the building or all of it. We can probably reduce the number of parking
spaces in a parking garage. Whether that means a whole level comes off, I don't know. But
either way, the reduction in units from 30 to 25 gives us flexibility to create, I'll say, just a better
outcome visually in terms of building height either for part of it or all of it, and as far as structured
parking goes. And so we would do that, you know, whatever would work the best from a
feasibility standpoint. But either way, it will be a reduction in mass.
CHAIRMAN FRYER: Thank you.
COMMISSIONER FRY: Would you still commit to the 70 affordable units at 25 units
per acre?
MR. FUSARO: I haven't run those numbers, but I'll say, yes, we'll figure out a way to get
it done.
CHAIRMAN FRYER: Anything else?
(No response.)
CHAIRMAN FRYER: All right. Anything else from the applicant?
MR. WRIGHT: Well, first of all, I want to thank staff, because they put in a lot of time
and effort, and they have truly worked with us on this one. I don't think that our project presents a
new level. We've set forth reasons why. It's a unique location and graduation of uses and also the
ULI and Board of County Commissioners policy makers have kind of encouraged this type of
density on these major arterial roadways that are near intersections. So we don't feel like that's a
new level we're creating.
One thing I owed you, Mr. Chairman, it is Blue Coral. I know that's clear now.
CHAIRMAN FRYER: Blue Coral, not Coral Blue.
MR. WRIGHT: Yes. We ran into a problem with addressing, because Coral is a very
common way to name a development, but blue is not, surprisingly.
And as far as the -- well, we agree with staff's conditions -- proposed conditions of
approval, and thank you for your time. Here for any questions.
CHAIRMAN FRYER: Thank you. We'll hear from staff, unless there are
questions -- not staff, public.
COMMISSIONER FRY: One question, I think, for the applicant team is, with the
reduction in units, we talked a little bit about massing and having one continuous building that
entire length of the building. Is it -- do you think the reduction in units might allow a break
between buildings to allow some light through?
MR. FUSARO: Sure. I think we can look at that. The -- part of the concept initially
was that those units that are kind of in the center, which gives you on the east side a continuous
building face, would have direct access to the garage, but there may be a way to -- assuming that
those were the units that we kind of got rid of, then we could look at a way to have the two
buildings on the end kind of on the end of the barbell have direct access into the garage and maybe
those units along the east side that are against the garage aren't there.
COMMISSIONER FRY: I guess, putting myself in the shoes of Bermuda Palms people,
I'm not sure whether they would prefer -- if that reduction in units allowed a reduction of a story
from four to three, my opinion is they probably would prefer that over a break in the center of the
structure. But do you have a -- do you have a sense of that from past experience and what they
might appreciate most?
MR. FUSARO: It's -- yeah, that's a tough one. I think if we asked 10 people we'll get
five one way and five the other.
I think that probably what we ought to do is just go back and maybe look at a couple of
different options and see what just works the best overall and achieves -- again, yes, based on the
actual setback from that property, I don't think the four stories is really going to be an issue. I
mean, that's a lot.
But I think we can certainly look at both options, because it's a finite number of units that
we have to reduce. So the question is maybe -- I think one of you might have mentioned or
somebody mentioned earlier a building that's maybe three stories with a four-story section, we're
doing that on a development right now, or do you just try to take -- open up that center area so that
you have a direct line of sight, and you're only looking at a story-and-a-half, really, that you have to
look over to see, you know, further to the east.
Now, you might be looking at Germain's building when you look through there. But that's
a valid question, and I think we would go back and play around with a couple of different options.
COMMISSIONER FRY: I think we have, what, three speakers virtually for this or am I --
CHAIRMAN FRYER: Three or four.
COMMISSIONER FRY: Three or four virtual speakers, and I don't know what the
neighborhood sentiment is yet.
CHAIRMAN FRYER: I think we may hear.
COMMISSIONER FRY: But I would think before the County Commission the more you
can walk in with agreement with your neighbors in terms of the aesthetics of it and --
MR. FUSARO: And I did speak with the woman who's president of the HOA association
the other day. We had a good conversation. I just wanted to clarify the issue with respect to us
having access into Bermuda Palms, which we had -- we do not want or need, but I said if they
wanted it, great, or some kind of, you know, situation there. And then somebody had indicated
that they thought we were tapping into their private water system, which was misinformation that
came from somewhere, and I assured her that we were not doing that.
Thank you.
COMMISSIONER FRY: Thank you.
CHAIRMAN FRYER: Thank you. Registered speakers. Who's first?
MR. YOUNGBLOOD: Mr. Chairman, for Item 9A5 we have Mr. David Jordan.
Mr. Jordan, are you with us, sir?
(No response.)
MR. YOUNGBLOOD: Mr. Jordan, if you could unmute yourself.
CHAIRMAN FRYER: Maybe we come back to him.
MR. YOUNGBLOOD: Yeah. For Item 9A6, we have two speakers. First one is Diane
Daugherty followed by Charles Berry.
Ms. Daugherty, are you with us. Can you unmute your microphone for us, please.
(No response.)
MR. YOUNGBLOOD: All right. We'll come back to Ms. Daugherty.
Mr. Berry, are you with us, sir?
MR. BERRY: I'm on.
CHAIRMAN FRYER: Mr. Berry?
MR. BERRY: Yes.
CHAIRMAN FRYER: Please proceed, sir. You have five minutes.
MR. BERRY: Thank you very much.
I am a resident of Bermuda Palms, and I have several questions. I was curious as to the
proposed breakdown between one-, two-, and three-bedroom units. And the reason for that
question was that if we don't have an accurate headcount, how can you do an effective traffic
study?
May I go on to my second point?
CHAIRMAN FRYER: Please.
MR. BERRY: Is the developer -- and I think the question was answered. But is the
developer using totally private funds, or does he have some subsidiary money coming from
government that might support the low-income housing?
And third question: The stated area is 9.35 acres. If they took away 15 percent of the
available land as proposed for use as buffering, this leaves them 7.9 acres. Does that really work
into the dwelling-units-per-acre calculation?
Fourth question is, there was no report from the school district, and I'm wondering if this
ultimately has an effect on what we're doing here.
And my fifth question, which is more a concern, is if this goes through with the acceptance
of the ratios of low-income and essential service personnel housing, how does that get policed in
the future? If this is a 30-year commitment, who's watching all of this?
And my final comment is: I hear them suggesting that this development will provide a
nice buffer between us and the commercial areas, and we think the green trees and the nine acres
that are there now present a pretty nice buffer for us as it is.
And that concludes my comments and my questions.
CHAIRMAN FRYER: Thank you, sir. We can get answers to those questions right now,
and I think it's kind of a blend of staff and the petitioner.
Question about the TIS calculation, let's start with that one.
MR. MALAESCU: Good afternoon, again. My name is Ciprian. I'm with Trebilcock
Consulting Solutions on behalf of Norm Trebilcock in support of the project.
I think the question was if the TIS was based on the number of persons living on the
project. We follow a national standard in ITE, Institute of Transportation Engineers. It's an
accepted standard in Collier County. And we have data that show number of units.
So the ITE does not have a headcount for a development. They do traffic surveys all over
the country. In this particular case, multifamily, they have many studies, over 50 I would say, for
each time period they studied. So basic analysis -- basic traffic analysis is really based on the
number of units for the development. That's all.
CHAIRMAN FRYER: Thank you. And that has always been a point of frustration for
me, but you don't use persons per household when you're calculating; you use the ITE number.
MR. MALAESCU: That is correct, but the data should be the same, because it refers to
the number of units. It is covered in the ITE. So the number of units are the same. ITE covers
the number. In our case, 280. So it's within the range of data that ITE has. So it really doesn't
matter how many people are living there.
CHAIRMAN FRYER: And I anticipated your answer. I was just pointing out that it's a
point of frustration for me.
COMMISSIONER SHEA: Well, as an engineer, I don't understand that. I mean, if you
had 280 three-bedroom units, you're going to have a lot more traffic than 280 one-bedroom units.
MR. MALAESCU: And there will be more traffic for --
COMMISSIONER SHEA: But your study won't reflect that.
MR. MALAESCU: It will, absolutely. If it's one unit more, we'll have more traffic.
COMMISSIONER SHEA: No -- yeah, but if they're both 280 and one is all one-bedroom
and one's all three-bedroom, you're saying they're the same, and I don't agree with that whether
it's --
CHAIRMAN FRYER: I don't think so. The IT associates a number of automobiles to
the size of the unit.
COMMISSIONER SHEA: When you say the "size," you mean the square footage or you
mean the number of --
CHAIRMAN FRYER: Bedrooms.
COMMISSIONER SHEA: Bedrooms.
CHAIRMAN FRYER: Isn't that right?
MR. MALAESCU: That's correct.
COMMISSIONER FRY: So bedrooms are taken into account?
MR. MALAESCU: Not in the ITE perspective, no.
COMMISSIONER FRY: But you just said --
MR. MALAESCU: It's based on the number of units -- it's based on the number of units.
There's no difference between a one-bedroom or two-bedroom. They have their own. Maybe --
MR. VANASSE: For the record, Patrick Vanasse.
I think from a non-transportation engineer's perspective, my understanding of ITE manuals
is they do studies and they look at comparable projects, and they take averages. So the one thing
that we have going for us in Collier County is their persons per household tends to be lower than a
lot of places in the country, but it doesn't -- like I said, it's an average of multiple projects and
multiple locations throughout the country.
CHAIRMAN FRYER: Regardless of number of bedrooms?
MR. VANASSE: Correct.
MR. FUSARO: For the record, Gregg Fusaro.
Let me clarify just to answer your question a little bit. Our unit breakdown is about
9 percent studios, 51 percent one-bedrooms, about 31 percent two-bedrooms, and just under
9 percent three-bedrooms. So we're 60 percent one-bedroom or less.
So from a traffic perspective, actually, the traffic studies generally, based on this type of
unit, proportion mix, don't do us any favors, because it shows more traffic generation than we
actually generate.
The other comment, just as a point of fact from the developments that we've done in the
last three or four years, they're mostly like this. They're kind of an urban landscape development
within the suburb -- you know, very kind of urbanized suburban environment.
And I won't say that we don't have any, but we have very, very few school-aged children in
our developments. And based on that, the traffic that we actually generate is significantly lower
than their studies will show, because with fewer school age, you just have fewer trips; not going to
the soccer field three times a day, you know, that kind of thing.
There was a question with respect to the buffer that's there now, and we get that, but if not
us, probably commercial development on that site, and that's, you know, why, from our
perspective, this is a great transition from that more intense development to the residential.
What was the other question?
CHAIRMAN FRYER: The caller asked about a government subsidy.
MR. FUSARO: Oh. No, I haven't -- nobody from Collier County has volunteered any
dollars. No, we don't have any government subsidy. It's all conventionally financed.
CHAIRMAN FRYER: Okay. Thanks.
MR. FUSARO: Yes, sir.
CHAIRMAN FRYER: Then the question about the reduction in acreage. You calculated
it at seven acres and some change.
MR. FUSARO: But I believe, and the staff may correct me, density's always calculated
on total acreage. But I will point out that the 1.18-acre is a -- is required in the development, and
that is a pretty substantial buffer between us and Livingston Lakes to the south, and that's a
required untouched area.
CHAIRMAN FRYER: And his final question, I believe, had to do with who polices.
MR. FUSARO: So I don't know the answer to that 100 percent, but I believe there are
reporting requirements for Collier County with the neighborhood housing folks.
MR. KLATZKOW: Staff does.
CHAIRMAN FRYER: County Attorney, thank you.
MR. FUSARO: Thank you, sir.
CHAIRMAN FRYER: Okay.
COMMISSIONER FRY: Ned, may I ask a question?
CHAIRMAN FRYER: Go right ahead.
COMMISSIONER FRY: When we were reviewing an apartment proposal for Courthouse
Shadows, the developer said that they developed studio units in other areas but that they could not
develop studio units in Collier County because they were too small; that Collier County had a
minimum square-footage requirement per unit. And I just wondered, is that -- that was an issue
for them, and that's why they weren't building studios. But we have studios proposed here. Is
there any -- what is the minimum square footage of your units?
MR. VANASSE: I'll have to pull that from my binder and the minimum size that we have
identified. But with regards to PUDs, you have the flexibility of asking for a certain minimum
size. So I don't know if that really applies to us, and I don't know the circumstances of that
project.
COMMISSIONER FRY: I hope not because, personally, I believe there are a lot of young
professionals that would live in a studio in order to have affordability, especially in nice luxury
units. So I hope it's not a limitation. I just brought it up because it was an issue on that other
development.
Maybe, Ray, you can talk to it.
MR. BELLOWS: For the record, Ray Bellows.
There were a couple sites in that area where they were proposing some studio. One was in
a PUD that had existing larger unit developments, and they were opposed to the studio being part
of that community, so that was an issue.
There was an issue in Bayshore with another apartment-type complex where the residents
there didn't want a studio associated with an affordable housing project as well.
And I think there was one other one with court -- or, yeah, Courthouse, but I wasn't -- I'm
not sure what the reasoning was on that case.
COMMISSIONER FRY: Thank you.
CHAIRMAN FRYER: Do we have any other public speakers?
MR. YOUNGBLOOD: Mr. Chairman, we have one more speaker. We'll go back to
Mr. David Jordan.
Mr. Jordan, are you with us, sir?
(No response.)
MR. YOUNGBLOOD: I don't think Mr. Jordan is with us anymore. That concludes our
speakers.
CHAIRMAN FRYER: Thank you very much.
Does anyone object to us closing public comment? Well, I'll ask the applicant if he has a
rebuttal.
MR. VANASSE: Patrick Vanasse, for the record. Just to answer the question, our
Development Standards Table does provide minimum floor area for a studio, we are at 450; for
one-bedroom, 600 feet; and two-plus bedrooms, 750 square feet minimum.
CHAIRMAN FRYER: Thank you.
COMMISSIONER FRY: As long as that's okay with the county, it's certainly fine with
me.
MR. BELLOWS: Yeah. The staff doesn't object.
CHAIRMAN FRYER: All right. Closing public comment. It's now time for us to
deliberate on this application. Who'd like to start?
COMMISSIONER SHEA: Well, I guess at this point I could see moving forward
with -- since we've come to an agreement, I think the affordable housing is always an appealable
part of it for me, and the staff being willing to accept the higher density, I would recommend -- I
would approve that modified application.
CHAIRMAN FRYER: Is there a second?
COMMISSIONER HOMIAK: Thirty or 25?
COMMISSIONER SHEA: I wasn't making -- I was just giving comments. I wasn't
making --
COMMISSIONER HOMIAK: Oh.
COMMISSIONER SHEA: I can if that's what you want.
CHAIRMAN FRYER: Yeah, it would be nice, if you wouldn't mind.
COMMISSIONER SHEA: Well, I propose that we accept the modified proposal that the
staff has concurred with for the lower density and --
MR. BELLOWS: At 25?
COMMISSIONER SHEA: I guess we don't need to address -- excuse me?
MR. BELLOWS: At 25 units per acre?
COMMISSIONER SHEA: At 25 units. And we don't have to address the percentages
committed to on the affordable housing; is that something we have to put in it or --
CHAIRMAN FRYER: I think we do.
COMMISSIONER SHEA: It's in the record, but...
CHAIRMAN FRYER: It seems to me that these are the factors that we need to deal with:
First of all, the number of units that will be offered for less than 80 percent of AMI; the number of
units for 80 to 100 percent of AMI; then the DUAs; and the building height. I think those are
the -- and the buffering.
COMMISSIONER FRY: And the buffering.
CHAIRMAN FRYER: Those are the four features that I think need to find their way into
our --
COMMISSIONER FRY: It was 35 units at 80 percent and below; 35 units at 80 to 100.
COMMISSIONER SHEA: Yes.
MS. MOSCA: Thirty-five units below 80, and 35 units 80 to 100 percent.
COMMISSIONER FRY: Twenty-five dwelling units per acre.
MS. MOSCA: Twenty-five DUs per acre, yes.
CHAIRMAN FRYER: And actual height of 50 feet.
COMMISSIONER SHEA: Fifty feet.
CHAIRMAN FRYER: And more dense -- B buffering plus more density.
MS. MOSCA: Those would be mature trees, and we'll have to come up with some
language.
COMMISSIONER FRY: To be defined and presented to the BCC.
MS. MOSCA: Yes, yes.
COMMISSIONER FRY: Can we permit a little bit more discussion?
CHAIRMAN FRYER: Of course.
COMMISSIONER FRY: I feel like in a way -- and I think Jeff made a point -- that they
have not approved these new development standards for the 25 units for affordable housing.
We've said we've come a little bit short of what they were requesting as part of what they're
considering; however, we have -- to your point, Mr. Vanasse, we have had -- most applications that
have any affordable housing are that gap -- have been that gap.
So here we are really in the city -- or in the main area of Collier County we have some
really, you know, affordable moderate and low affordable housing. So I feel like in a way we're
kicking the can down the road to the BCC to have them more or less confirm that intention of the
25 dwelling units per acre.
Ray?
MR. BELLOWS: Yeah. For the record, Ray Bellows.
This is still a GMP amendment. So they're establishing the density through the GMP
amendment.
And I also want to clarify you were talking about lower the actual height, but we also want
to make sure we address the zoned height as well.
And I think, Josie, do we have a reduced zoned height as well?
CHAIRMAN FRYER: Forty-five, maybe?
MS. MEDINA: Yeah. They were requesting 55. I'm not sure what --
CHAIRMAN FRYER: No, 50.
MS. MEDINA: For the zoned height?
CHAIRMAN FRYER: Fifty actual.
MS. MEDINA: No. They were requesting 55 previously -- well, all right. Fifty is
actual. Previously they were requesting 60 actual and 55 zoned is what I was saying.
MR. BELLOWS: So do we want 45 zoned?
CHAIRMAN FRYER: Fifty actual, 45 zoned.
MR. VANASSE: Patrick Vanasse, for the record.
We looked at both the actual height and the zoned height. Like I said, we had our
engineers look at the fill requirements and where our finished floor would be. We also looked at
the adjacent roadway for actual height; that's how it's measured what the height was and
differential with us.
What staff was suggesting to us was 50 zoned height and 50 actual height. And we can
make it work within that envelope, but 45 zoned height, I don't know if we can -- if we can
completely make it work at this time. That's not something we studied. We looked at 50 and 50
for zoned and actual, and we can live with that.
CHAIRMAN FRYER: Does anyone object to 50 and 50?
(No response.)
CHAIRMAN FRYER: So that's what it is.
Someone from staff, is there clarity on what our -- what we're about to vote on?
MS. MEDINA: Yes, I believe so, because there is also, as far as when we're looking at
the parking structure, should they desire to put something underneath, there is a note that I believe
we will change as well to be two stories, and also, should they desire to put under -- parking
underneath, then it would still be limited to that actual height of 50 --
CHAIRMAN FRYER: Absolutely, absolutely.
MS. MEDINA: -- which we did address in one of the notes in the development standards.
CHAIRMAN FRYER: Thank you.
COMMISSIONER FRY: I'd like to bring up one other issue just to put it on the table is
the -- with the reduction in density, the possibility of reducing it from four stories to three stories,
and I wondered how my fellow commissioners feel about that as a condition for approval.
MR. KLATZKOW: No, you already approved 50 feet, right?
COMMISSIONER SHEA: Yeah, I think the height --
CHAIRMAN FRYER: Let them do what they want within --
COMMISSIONER FRY: Let them do what they want with 50 feet?
MR. KLATZKOW: What's the difference if it's three stories of 50 feet or four stories of
50 feet?
COMMISSIONER FRY: That's a reasonable point.
CHAIRMAN FRYER: Okay. Any further discussion?
(No response.)
CHAIRMAN FRYER: Last point I'd like to make, to compliment the applicant. This is,
I think, a great proposal from the standpoint of affordability, and you're to be thanked and
complimented. I think this is absolutely in line with what the Board of County Commissioners has
been looking for. And so I'm delighted to be able to support this. So thank you very much.
Any further comments?
(No response.)
CHAIRMAN FRYER: If not, all those in favor, please say --
COMMISSIONER HOMIAK: Wait. We have to do the Growth Management Plan first.
CHAIRMAN FRYER: Yeah, we'll do GMP first.
On the Growth Management Plan --
COMMISSIONER HOMIAK: There's changes to it.
MS. MOSCA: Yes, and I'm clear on the changes to the subdistrict text with the
limitations that were already provided by the Commission.
CHAIRMAN FRYER: Okay. Do you have clarity, Vice Chair? Do we have clarity?
COMMISSIONER HOMIAK: I'm looking. So you're just changing the 30 to 25. Well,
25 percent won't be --
MS. MOSCA: So it's going to be 70 rent-restricted, and then we'll list the categories in
the subdistrict text. So it will be 35 units less than 80 percent and then 35 units above 80 to
100 percent for the ESP.
COMMISSIONER HOMIAK: Okay.
CHAIRMAN FRYER: All right? Any further discussion?
(No response.)
CHAIRMAN FRYER: This is on the GMP. All in favor, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER HOMIAK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously. Thank you.
THE COURT REPORTER: I didn't hear Commissioner Klucik.
CHAIRMAN FRYER: You didn't hear who?
THE COURT REPORTER: Commissioner Klucik.
CHAIRMAN FRYER: Oh, Commissioner Klucik, we didn't hear you vote.
COMMISSIONER KLUCIK: Yes, I said "aye."
CHAIRMAN FRYER: Thank you very much.
All right. Is there a motion on the --
MS. MOSCA: Commissioner, I apologize. We -- actually, the number of days that the
public notice ESP.
CHAIRMAN FRYER: Oh, yeah.
MS. MOSCA: That's also -- and I apologize. That's also within the subdistrict text of the
Growth Management Plan amendment. So we need to address that going from 30 days to 45 days,
which was recommended by the Commission.
CHAIRMAN FRYER: Okay. Without objection, can that be part of the motion that we
just passed?
(No response.)
CHAIRMAN FRYER: That's unanimously approved.
MS. MOSCA: Thank you.
CHAIRMAN FRYER: Thank you. Now --
COMMISSIONER KLUCIK: I wouldn't think we would need a roll call on that.
CHAIRMAN FRYER: Commissioner Klucik, will you please call the roll?
COMMISSIONER KLUCIK: Not a roll call, but a vote, you know.
CHAIRMAN FRYER: Okay. All those in favor of the original motion and the
conditions and then the additional condition with respect to 45 days, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously. Thank you very much.
Now, on the Land Development Code -- rather the PUD, may I have a motion on that?
COMMISSIONER FRY: Move for approval subject to the conditions that have been
discussed.
COMMISSIONER SHEA: All the conditions that --
CHAIRMAN FRYER: Yeah. Is there a second?
COMMISSIONER SHEA: Second.
CHAIRMAN FRYER: Any further discussion?
(No response.)
CHAIRMAN FRYER: If not, all those in favor, please say aye.
COMMISSIONER SHEA: Aye.
COMMISSIONER FRY: Aye.
CHAIRMAN FRYER: Aye.
COMMISSIONER HOMIAK: Aye.
COMMISSIONER KLUCIK: Aye.
CHAIRMAN FRYER: Opposed?
(No response.)
CHAIRMAN FRYER: It passes unanimously.
Thank you, applicant.
MR. VANASSE: Thank you.
CHAIRMAN FRYER: All right.
COMMISSIONER FRY: I would just add, I think, I appreciate just the flexibility, kind of
on-the-run, very fair, I think, responses from the applicant and flexibility and concessions while we
were in the meeting. So I do wish it worked like this more often.
MR. VANASSE: Well, thank you very much. I told you we had a good project.
CHAIRMAN FRYER: Thank you very much. Thank you. Well done. Well done by
all.
Okay. That takes us to old business. I don't believe we have any.
New business, one small matter. Let's discuss the need for a July 1st meeting. I've
consulted with Ms. Jenkins, and she tells me there is nothing scheduled for that day. I think for
our planning purposes, it would be nice if we could give ourselves a day off on July 1st. What's
the wish of the Planning Commission?
COMMISSIONER SHEA: Second that motion.
COMMISSIONER FRY: Would that have been a formal normally scheduled meeting?
CHAIRMAN FRYER: Yes.
COMMISSIONER SHEA: Yes.
CHAIRMAN FRYER: Yeah, anybody object to that?
COMMISSIONER HOMIAK: No.
CHAIRMAN FRYER: All right. Without objection, then -- unless a vote is demanded,
without objection, we will cancel our July 1st meeting. Obviously, if emergencies come up, then
we have to reconsider, but the record will show going forward that our July 1 meeting has been
canceled.
Any further business? Any public comment to come before the meeting before we
adjourn?
(No response.)
CHAIRMAN FRYER: If not, without objection, we're adjourned. Thank you.
*******
There being no further business for the good of the County, the meeting was adjourned by order of the
Chair at 3:43 p.m.
COLLIER COUNTY PLANNING COMMISSION
_________________________________________
EDWIN FRYER, CHAIRMAN
These minutes approved by the Board on __________, as presented _________ or as corrected _________.
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS,
COURT REPORTER AND NOTARY PUBLIC.
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EXHIBIT A
FUTURE LAND USE ELEMENT
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION [Page 25]
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I. URBAN DESIGNATION [Page 25]
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A. Urban Mixed Use District [Page 27]
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Port of the Island is a unique development, which is located within the Urban Designated Area, but is
also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development
was determined “vested” by the State of Florida, thus exempting it from the requirements of Chapter
380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands,
Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land
uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban Mixed Use District
in which it is located to the extent that the overall residential density and commercial intensity does not
exceed that permitted under zoning at time of adoption of this Plan.
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Any comprehensive plan amendment to increase residential density within this District shall only provide
for that density increase via utilization of the transfer of development rights (TDR) program, except TDR
credits shall not be required for projects determined by the Board of County Commissioners to have a
public benefit.
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2. Urban Residential Fringe Subdistrict [Page 28]
The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area
and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed
Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross
acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., and either “a” or “b”
below.
Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except
as specifically provided below for the Affordable Housing Density Bonus. All rezones are encouraged
to be in the form of a planned unit development. Proposed development in the Subdistrict shall be fully
responsible for all necessary water management improvements, including the routing of all on -site and
appropriate off-site water through the project’s water management system, and a fair share cost of
necessary improvements to the CR 951 canal/out-fall system made necessary by new development in
the Subdistrict.
a. Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable
development right) per acre from lands located within one mile of the Urban Boundary and
designated as Rural Fringe Mixed Use District Sending Lands, with the following exceptions:
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i. Properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use
Sending Lands designations, and meet the other Density Blending criteria provided for in
subsection 5.2 of the Density Rating System, which may achieve an additional maximum density
of up to 1.3 units per gross acre for all lands designated as Urban Residential Fringe via the
transfer of up to 1.3 dwelling units (transferable development rights) per acre from lands located
within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District
Sending Lands; or,
ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit
Development located in Section 1, Township 51 South, Range 26 East, shall not be subject to
the one mile limitation set forth above and may utilize TDRs from any lands designated Sending
within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density; or,
iii. Up to 1.52 additional units per acre may be achieved for Urban Residential Fringe lands
within the 196.4 acre portion of the San Marino Planned Unit Development described below, via
the transfer of 1.52 dwelling units (transferable development right) per a cre. The Property shall
not be subject to the one mile limitation set forth above and may utilize TDRs derived from any
lands designated Sending within the Rural Fringe Mixed Use District to achieve up to the
maximum allowable density. The Property is further described as follows:
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2. Density Bonuses [Page 53]
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d. Residential In-fill [Page 54]
To encourage residential in-fill in urban areas of existing development outside of the Coastal High
Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following
criteria are met:
(a) The project is 20 acres or less in size;
(b) At time of development, the project will be served by central public water and sewer;
(c) The project is compatible with surrounding land uses;
(d) The property in question has no common site development plan with adjacent property;
(e) There is no common ownership with any adjacent parcels; and
(f) The parcel in question was not created to take advantage of the in-fill residential density
bonus and was created prior to the adoption of this provision in the Growth Management Plan
on January 10, 1989;.
(g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from
Sending Lands; and
(h) Projects qualifying under this provision may increase the density administratively by a
maximum of one dwelling unit per acre by transferring that additional density from Sending
Lands.
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f. Transfer of Development Rights Bonus [Page 54]
To encourage preservation/conservation of natural resources, density transfers are permitted as
follows:
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(a) From Urban designated areas into that portion of the Urban designated area subject to this
Density Rating System, in accordance with the Transfer of Development Rights (TDR)
provision contained in Section 2.03.07 of the Land Development Code, adopted by
Ordinance No. 04-41, as amended, on June 22, 2004 and effective October 18, 2004. For
projects utilizing this TDR process, density may be increased above and beyond the density
otherwise allowed by the Density Rating System.
(b) From Sending Lands in conjunction with qualified infill development.
(c) From Sending Lands located within one mile of the Urban Boundary into lands designated
Urban Residential Fringe, at a maximum density increase of one (1) unit per gross acre, with the
following exceptions:
i. Properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending
Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2
of the Density Rating System, may transfer TDRs from Sending Lands located within one mile
of the Urban Boundary into lands designated Urban Residential Fringe, at a maximum density
increase of 1.3 units per gross acre.
ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit
Development located in Section 1, Township 51 South, Range 26 East, shall not be subject to
the one mile limitation set forth above and may utilize TDRs from any lands designated Sending
within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density
increase.
iii. Up to 1.52 additional units per acre may be achieved for Urban Residential Fringe lan ds within
the 196.4 acre portion of the San Marino Planned Unit Development described below, via the
transfer of 1.52 dwelling units (transferable development right) per acre. The Property shall not
be subject to the one mile limitation set forth above and may utilize TDRs derived from any lands
designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum
allowable density. The Property is further described as follows:
That portion of the San Marino Planned Unit Development described in Ordinance No. 2000-
10, as amended, excepting the ±39 acres located in the South ½ of the Southwest ¼ of the
Northwest ¼ of Section 11, Township 50 South, Range 26 East, and in the Northwest ¼ of
the Southwest ¼ of Section 11, Township 50 South, Range 26 East.
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II. AGRICULTURAL/RURAL DESIGNATION [Page 74]
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B. Rural Fringe Mixed Use District [Page 76]
The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists
of approximately 93,60077,200 acres, or 76% of Collier County’s total land area. Significant
portions of this District are adjacent to the Urban area or to the semi-rural, rapidly developing,
large-lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural
Fringe Mixed Use District do not represent a significant portion of the County’s active
agricultural lands. As of the date of adoption, of this Plan Amendment, the Rural Fringe Mixed
Use District consisted of more than 5,550 tax parcels and includeds at least 3,835 separate
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and distinct property owners. Alternative land use strategies have been developed for the
Rural Fringe Mixed Use District, in part, to consider these existing conditions.
The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated
lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the
east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations
and incentives, to protect natural resources and private property rights, providing for large areas of open
space, and allowing, in designated areas, appropriate types, density and intensity of development. The
Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited
extension of central water and sewer, schools, recreational facilities, commercial uses and essential
services deemed necessary to serve the residents of the District. In order to preserve existing natural
resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from
the major public rights-of-way within this area, and to protect private property rights, the following
innovative planning and development techniques are required and/or encouraged within the District.
Any comprehensive plan amendment to increase residential density herein shall only provide for that
density increase via utilization of the transfer of development rights (TDR) program, except TDR credits
shall not be required for projects determined by the Board of County Commissioners to have a public
benefit.
1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving
Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use
District is to establish an equitable method of protecting and conserving the most valuable
environmental lands, including large connected wetland systems and significant areas of
habitat for listed species, while allowing property owners of such lands to recoup lost value
and development potential through an economically viable process of transferring such
rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential
density may be transferred from lands designated as Sending Lands to lands designated
as Receiving Lands on the Future Land Use Map, subject to the provisions below.
Residential density may not be transferred either from or into areas designated as Neutral
Lands through the TDR process.
A) Receiving Lands: Receiving Lands are those lands within the Rural Fringe Mixed Use
District that have been identified as being most appropriate for development and to which
residential development units may be transferred from areas designated as Sending
Lands. Based on the evaluation of available data, these lands have a lesser degree of
environmental or listed species habitat value than areas designated as Sending and
generally have been disturbed through development, or previous or existing agricultural
operations. Various incentives are employed to direct development into Receiving Lands
and away from Sending Lands, thereby maximizing native vegetation and habitat
preservation and restoration. Such incentives include, but are not limited to: the TDR
process; clustered development; density bonus incentives; and, provisions for central
sewer and water. Within Receiving Lands, the following standards shall apply, except for
those modifications that are identified in the North Belle Meade Overlay:
1. Maximum Density, except for Housing that is Affordable: The base residential
density allowable for designated Receiving Lands is one (1) unit per five (5) gross
acres (0.2 dwelling units per acre). The maximum density achievable in Receiving
Lands through the TDR process is one (1) dwelling unit per acre for the Belle
Meade and North Belle Meade Receiving Lands; and, two (2) dwelling units per
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acre for the two Receiving Lands areas along Immokalee Road. This maximum
density is exclusive of the Density Blending provisions. Dwelling Units may only be
transferred into Receiving Lands in whole unit increments (fractional transfers are
prohibited). Once the maximum density is achieved through the use of TDR
Credits, additional density may be achieved as follows:
a) A density bonus of no more than 10% of the maximum density per acre shall
be allowed for each additional acre of native vegetation preserved exceeding
the minimum preservation requirements set forth in Policy 6.1.2 of the CCME.
b) A density bonus of no more than 10% of the maximum density per acre shall
be allowed as provided in Policy 6.2.5(6)b of the CCME.
2. Maximum Density for Housing that is Affordable: For a project providing housing
that is affordable, a maximum density of twelve and two-tenths (12.2) units per acre
is allowed, consistent with Section 2.06.00 of the LDC, subject to rezone approval,
and subject to the approval of an “Affordable Housing Agreement.” TDR credits are
not required, nor allowed, to achieve density.
3. Clustering: Where the transfer of development rights or provision for housing that is
affordable is employed to increase residential density within Receiving Lands, such
residential development shall be clustered in accordance with the following
provisions:
a) Consistent with the provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan, central water and sewer shall be extended to the project.
Where County sewer or water services may not be available concurrent with
development in Receiving Lands, interim private water and sewer facilities may
be approved.
b) The maximum lot size allowable for a single-family detached dwelling unit is
one acre.
c) The clustered development shall be located on the site so as to provide to the
greatest degree practicable: protection for listed species habitat; preservation
of the highest quality native vegetation; connectivity to adjacent natural
reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
3. 4. Minimum Project Size: The minimum project size required in order to receive
transferred dwelling units is 40 contiguous acres, except no minimum project size
is required for the Receiving Lands areas along Immokalee Road.
4.5. Emergency Preparedness:
a) In order to reduce the likelihood of threat to life and property from a tropical
storm or hurricane event, community facilities, schools, or other public buildings
shall be designed to serve as storm shelters if located outside of areas that are
likely to be inundated during storm events, as indicated on the Sea, Lake, and
Overland Surge from Hurricane Map for Collier County. Impacts on evacuation
routes, if any, must be considered as well. Applicants for new residential or
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mixed use developments proposed for Receiving Lands shall work with the
Collier County Emergency Management staff to develop an Emergency
Preparedness Plan to include provisions for storm shelter space, a plan for
emergency evacuation, and other provisions that may be deemed appropriate
and necessary to mitigate against a potential disaster.
b) Applicants for new developments proposed for Receiving Lands shall work with
the Florida Forest Service and the Managers of any adjacent or nearby public
lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the
likelihood of threat to life and property from wildfires. This plan will address, at
a minimum: project structural design; the use of materials and location of
structures so as to reduce wildfire threat; firebreaks and buffers; water features;
and, the impacts of prescribed burning on adjacent or nearby lands.
5. 6. Allowable Uses: Uses within Receiving Lands are limited to the following:
a) Agricultural uses;
b) Single-family residential dwelling units, including mobile homes where a Mobile
Home Zoning Overlay exists.
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan, subject to the development of appropriate
development standards to ensure that the transitional semi-rural character of
the Rural Fringe Mixed Use District is preserved. These development
standards shall include, but are not limited to: building heights, design
standards, buffers, and setbacks.
d) Rural Villages, subject to the provisions set forth in II. B.3 of this element.
e) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses.
f) Group housing uses subject to the following density/intensity limitations:
• Family Care Facilities: 1 unit per 5 acres;
• Group Care Facilities and other Care Housing Facilities: Maximum Floor
Area Ratio (FAR) not to exceed 0.45.
g) Staff housing as may be incidental to, and in support of, safety service facilities
and essential services;
h) Farm labor housing limited to 10 acres in any single location:
• Single family/duplex/mobile home: 11 dwelling units per acre;
• Multifamily/dormitory: 22 dwelling units/beds per acre.
i) Sporting and Recreational camps within which the lodging component shall
not exceed 1 unit per 5 gross acres;
j) Essential services.
k) Golf courses or driving ranges, subject to the following standards:
(1) The minimum density shall be as follows:
9.A.2
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(a) For golf course projects, including both freestanding golf courses and
golf courses with associated residential development: one TDR credit
shall be required for every five (5) gross acres of land area utilized as
part of the golf course, including the clubhouse area, rough, fairways,
greens, and lakes, but excluding any area dedicated as conservation
that is non-irrigated and retained in a natural state. Any residential
development associated with the golf course shall have a minimum
density of one (1) dwelling unit per five acres.
(2) Golf courses shall be designed, constructed, and managed in accordance
with the best management practices of Audubon International’s Gold
Signature Program and the Florida Department of Environmental
Protection.
(3) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Management Practices
for Golf Course Maintenance Departments, prepared by the Florida
Department of Environmental Protection, May 1995 September 2012.
(4) To protect ground and surface water quality from fertilizer and pesticide
usage, golf courses shall demonstrate the following management
practices:
(a) The use of slow release nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
(c) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
(d) The coordination of pesticide applications with the timing and
application of irrigation water;
(e) The use of the procedure contained in IFAS Circular 1011, Managing
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality.
(5) To ensure water conservation, golf courses shall incorporate the following
in their design and operation:
(a) Irrigation systems shall be designed to use weather station information
and moisture-sensing systems to determine the optimum amount of
irrigation water needed considering soil moisture and
evapotranspiration rates.
(b) As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Objective 1.4 and its
policies;
(c) Native plants shall be used exclusively except for special purpose areas
such as golf greens, fairways, and building sites. Within these excepted
areas, landscaping plans shall require that at least 75% of the trees and
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50% of the shrubs be freeze-tolerant native Floridian species. At least
75% of the required native trees and shrubs shall also be drought
tolerant species.
(6)(4) Stormwater management ponds shall be designed to mimic the
functions of natural systems: by establishing shorelines that are sinuous in
configuration in order to provide increased length and diversity of the littoral
zone. A Littoral shelf shall be established to provide a feeding area for water
dependent avian species. The combined length of vertical and rip-rapped walls
shall be limited to 25% of the shoreline. Credits to the site preservation area
requirements, on an acre- to- acre basis, shall be given for littoral shelves that
exceed these littoral shelf area requirements.
(7) (5) Site preservation and native vegetation retention requirements shall be the
same as those set forth in CCME Policy 6.1.2. These areas are intended to
provide habitat functions and shall meet minimum dimensions as set forth in
the Land Development Code. These standards shall be established within one
year.
l) Commercial development as permitted as part of an approved Rural Village.
Within one year of adoption of these amendments, the County will develop
appropriate standards for commercial development within Rural Villages, with
particular focus on design, scale, and access provisions that will maintain the
rural character or semi-rural character of the District.
m) Research and Technology Parks, consistent with the Research and Technology
Park Subdistrict provided for in the Urban designation, and within an approved
Rural Village. Within one year of adoption of these amendments, the County
will develop appropriate standards for Research and Technology Parks within
Rural Villages, with particular focus on design, scale, and access provisions
that will maintain the rural character or semi-rural character of the District.
n) Business and Industrial Uses as identified as Florida Qualified Target
Industries. Within one (1) year from the date of adoption of this amendment,
initiate LDC amendments to provide design standards, development
standards, and locational criteria.
o) Neighborhood commercial uses within Affordable Housing projects. Within one
(1) year from the date of adoption of this amendment, initiate LDC amendments
to provide uses, design standards, development standards, and locational
criteria.
n) p) Zoo, aquarium, botanical garden, or other similar uses.
o) q) Public educational plants and ancillary plants.
p) r) Facilities for the collection, transfer, processing and reduction of solid waste.
q) s) Community facilities, such as, places of worship, childcare facilities,
cemeteries, social and fraternal organizations.
r) t) Sports instructional schools and camps.
s) u) Earthmining, oil extraction and related processing.
t) v) Asphalt and concrete batch-making plants.
9.A.2
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u) w) Travel trailer recreational vehicle parks, provided the following criteria are met:
1) The subject site is abutting an existing travel trailer recreational vehicle
park site; and,
2) The subject site is no greater than 100% the size of the existing abutting
park site.
v) x) Parks, open space, and recreational uses.
w) y) Private schools.
6. 7. Density Blending shall be permitted subject to the provisions set forth in the
Density Rating System.
7. 8. Open Space and Native Vegetation Preservation Requirements:
a) Usable Open Space: Within Receiving Lands, projects utilizing TDR Credits
greater than 40 acres in size shall provide a minimum of 70% usable open
space. Usable Open Space includes active or passive recreation areas such as
parks, playgrounds, golf courses, waterways, lakes, nature trails, and other
similar open spaces. Usable Open Space shall also include areas set aside for
conservation or preservation of native vegetation and lawn, yard and landscape
areas. Open water beyond the perimeter of the site, street right- of-way, except
where dedicated or donated for public uses, driveways, off- street parking and
loading areas, shall not be counted towards required Usable Open Space.
b) Native Vegetation Preservation: Native vegetation shall be preserved as set
forth in CCME Policy 6.1.2.
8. Adjustment to Receiving Lands Boundaries. For all properties designated
Receiving Lands where such property is contiguous to a Receiving Land/Sending
Land boundary, the property owner may submit data and analysis to the County in
an attempt to demonstrate that a change in the boundary is warranted. Within one
year from the effective date of this provision, the County may initiate a Growth
Management Plan amendment to consider such boundary changes upon a
showing of the following:
a) The property is contiguous to Sending Lands;
b) Site specific environmental data submitted by the property owner, or other data
obtained by the County, indicates that the subject property contains
characteristics warranting a Sending designation; and
c) An adjustment to the Receiving Lands boundary will not adversely affect the
TDR program.
B) Neutral Lands: Neutral Lands have been identified for limited semi-rural residential
development. Available data indicates that Neutral Lands have a higher ratio of native
vegetation, and thus higher habitat values, than lands designated as Receiving Lands,
but these values do not approach those of Sending Lands. Therefore, these lands are
appropriate for limited development, if such development is directed away from
existing native vegetation and habitat. A lower maximum gross density is prescribed
9.A.2
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for Neutral Lands when compared to Receiving Lands. Additionally, certain other uses
permitted within Receiving Lands are not authorized in Neutral Lands. Within Neutral
Lands, the following standards shall apply:
1. Maximum Density: 1 dwelling unit per 5 gross acres (0.2 units per acre).
2. Clustering: Clustering of residential development is allowed and encouraged.
Where clustered development is employed, it shall be in accordance with the
following provisions:
a) If within the boundaries of the Rural Transition Water and Sewer District, and
consistent with the provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan, central water and sewer shall be extended to the project.
Where County sewer or water services may not be available concurrent with
development in Neutral Lands, interim private water and sewer facilities may
be approved.
b) The maximum lot size is one acre.
c) The clustered development shall be located on the site so as to provide to the
greatest degree practicable: protection for listed species habitat; preservation
of the highest quality native vegetation; connectivity to adjacent natural
reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
d) The minimum project size shall be at least 40 acres.
3. Allowable Uses:
a) Agricultural uses;
b) Single-family residential dwelling units, including mobile homes where a Mobile
Home Zoning Overlay exists.
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan, subject to the development of appropriate
development standards to ensure that the transitional semi-rural character of
the Rural Fringe Mixed Use District is preserved. These development
standards shall include, but are not limited to: building heights, design
standards, buffers, and setbacks.
d) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses.
e) Group housing uses subject to the following density/intensity limitations:
• Family Care Facilities: 1 unit per 5 acres;
• Group Care Facilities and other Care Housing Facilities: Maximum Floor
Area Ratio (FAR) not to exceed 0.45.
f) Staff housing as may be incidental to, and in support of, safety service facilities
and essential services;
g) Farm labor housing limited to 10 acres in any single location:
• Single family/duplex/mobile home: 11 dwelling units per acre;
9.A.2
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• Multifamily/dormitory: 22 dwelling units/beds per acre.
h) Sporting and Recreational camps, within which the lodging component shall
not exceed 1 unit per 5 gross acres;
i) Essential services.
j) Golf courses or driving ranges, subject to the following standards:
(1) Golf courses shall be designed, constructed, and managed in accordance
with the best management practices of Audubon International’s Gold
Signature Program and the Florida Department of Environmental
Protection.
(2) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Management Practices
for Golf Course Maintenance Departments, prepared by the Florida
Department of Environmental Protection, May 1995 September 2012.
(3) To protect ground and surface water quality from fertilizer and pesticide
usage, golf courses shall demonstrate the following management
practices:
(a) The use of slow release nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
(c) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
(d) The coordination of pesticide applications with the timing and
application of irrigation water;
(e) The use of the procedure contained in IFAS Circular 1011, Managing
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality.
(4) To ensure water conservation, golf courses shall incorporate the following
in their design and operation:
(a) Irrigation systems shall be designed to use weather station information
and moisture-sensing systems to determine the optimum amount of
irrigation water needed considering soil moisture and
evapotranspiration rates.
(b) As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Objective 1.4 and its
policies;
(c) Native plants shall be used exclusively except for special purpose areas
such as golf greens, fairways, and building sites. Within these excepted
areas, landscaping plans shall require that at least 75% of the trees and
50% of the shrubs be freeze-tolerant native Floridian species. At least
9.A.2
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75% of the required native trees and shrubs shall also be drought
tolerant species.
(5)(3) Stormwater management ponds shall be designed to mimic the
functions of natural systems: by establishing shorelines that are sinuous in
configuration in order to provide increased length and diversity of the littoral
zone. A Littoral shelf shall be established to provide a feeding area for water
dependent avian species. The combined length of vertical and rip-rapped
walls shall be limited to 25% of the shoreline. Credits to the site preservation
area requirements, on an acre- to- acre basis, shall be given for littoral
shelves that exceed these littoral shelf area requirements.
(6)(4) Site preservation and native vegetation retention requirements shall be
the same as those set forth in the Rural Fringe Mixed Use District criteria.
Site preservation areas are intended to provide habitat functions and shall
meet minimum dimensions as set forth in the Land Development Code.
These standards shall be established within one year.
k) Zoo, aquarium, botanical garden, or other similar uses.
l) Public educational plants and ancillary plants.
m) Facilities for the collection, transfer, processing and reduction of solid waste.
n) Community facilities, such as, places of worship, childcare facilities,
cemeteries, social and fraternal organizations.
o) Sports instructional schools and camps.
p) Earthmining, oil extraction and related processing.
q) Parks, open space, and recreational uses.
r) Private schools.
s) Existing units approved for the Fiddler’s Creek DRI may be reallocated to those
parts of Sections 18 and 19, Township 51 South, Range 27 East added to
Fiddler’s Creek DRI together with part of Section 29, Township 51 South,
Range 27 East, at a density greater than 1 unit per 5 gross acres provided that
no new units are added to the 6,000 previously approved units, which results
in a gross density of 1.6 units per acre for the Fiddler’s Creek DRI; and further
provided that no residential units shall be located on that part of Section 29
within the Fiddler’s Creek DRI; and further provided that South Florida Water
Management District jurisdictional wetlands impacted by the DRI in said
Sections do not exceed 10 acres.
4. Native vegetation and preservation requirements: Native vegetation shall be
preserved as set forth in CCME Policy 6.1.2.
5. Density Blending shall be permitted subject to the provisions set forth in the Density
Rating System.
6. Adjustment to Neutral Lands Boundaries. For all properties designated Neutral
Lands where such property is contiguous to a Neutral Land/Sending Land
boundary, the property owner may submit data and analysis to the County in an
attempt to demonstrate that a change in the boundary is warranted. Within one
year from the effective date of this provision, the County may initiate a Growth
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Management Plan amendment to consider such boundary changes upon a
showing of the following:
a) The property is contiguous to Sending Lands;
b) Site specific environmental data submitted by the property owner, or other data
obtained by the County, indicates that the subject property contains
characteristics warranting a Sending designation; and
c) An adjustment to the Neutral Lands boundary will not adversely affect the TDR
program.
C) Sending Lands: Sending Lands are those lands that have the highest degree of
environmental value and sensitivity and generally include significant wetlands,
uplands, and habitat for listed species.
1. Sending Lands are located entirely within the Rural Fringe Mixed Use District and are
depicted on the Future Land Use Map. Based upon their location, Sending Lands are
the principal target for preservation and conservation. Private Property owners of lands
designated as Sending Lands may transfer density to Receiving Lands within the Rural
Fringe Mixed Use District, and to lands within the Urban Designated Area subject to
limitations set forth in the Density Rating System. All privately owned lands within the
Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA)
Overlay are designated Sending Lands.
2. Base Severance Rate: Development rights may be severed from Sending Lands at a
maximum rate of 0.2 0.4 TDR credits per acre (1 2 TDR Credits per five acres).
Utilization of TDR Credits and TDR Bonus Credits in Receiving Lands may only occur
in whole number increments (fractions are prohibited). In the case of legal
nonconforming lots or parcels in existence as of June 22, 1999, where such lot or
parcel is less than 5 acres in size, one two (2) TDR Credits may be severed from said
lot or parcel.
3. Conditions Applicable to Base and Bonus TDR Credits:
a) Base TDR Credits may not be severed from Sending Lands where a conservation
easement or other similar development restriction prohibits residential
development.
b) The severance of credits shall be recorded in public records utilizing a legal
instrument determined to be appropriate by the County Attorney’s Office. Said
instrument shall clearly state the remaining allowable lands uses on the subject
property after all, or a portion, of the residential density has been severed from the
property.
c) Where development rights have been severed from Sending Lands, such lands
may be retained in private ownership or may be sold or deeded by gift to another
entity.
d) The bonus provisions set forth in subsections 4 through 6 below are applicable to
properties from which TDR Credits were severed prior to and subsequent to the
effective date of this amendment.
e) These bonus provisions set forth in subsections 4 through and 5 6 below are also
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applicable to the North Belle Meade Overlay provisions of the Future Land Use
Element.
f) Any Sending Lands from which TDR Credits have been severed may also be
utilized for mitigation programs and associated mitigation activities and uses in
conjunction with any county, state or federal permitting.
g) No Conveyance Bonus Credits shall be available without provision of a plan for
management and maintenance as authorized in subsection 4 below (the
Environmental Restoration and Maintenance TDR Bonus).
4. Environmental Restoration and Maintenance TDR Bonus: One (1) additional TDR
Bonus Credit may be issued to the owner of each five-acre parcel or legal
nonconforming lot of record. This Bonus shall be granted upon the County’s acceptance
of a Restoration and Management Plan (RMP) that is consistent with a listed speci es
management plan that includes habitat management, the removal of exotics and the
maintenance of the land exotic free. The property owner may contract with any of the
government agencies or contractors deemed qualified by the County for implementation
of the RMP. The property owner shall provide financial assurance, in the form of a
performance surety bond or similar financial security acceptable to the County, that the
RMP shall remain in place and be performed until the earlier of a) or b) below the
following occurs:
a) Viable and sustainable ecological and hydrological functionality 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 for in
subsection 5 below.
c) For Sending Lands properties in private ownership located within, or partially
within, the Belle Meade Hydrologic Enhancement Overlay (BMHEO), the
Environmental Restoration and Maintenance TDR Bonus Credit shall be granted
when, within two (2) years of the effective date of this provision: (1) the property
owner provides a “Flow-Way Easement” to Collier County; and, (2) the property
owner removes the invasive exotic plants from the parcel. The County will assume
responsibility for the recording of the easement and the perpetual exotic
maintenance of the parcel as a condition of the property owner granting the
easement.
5. Conveyance TDR Bonus: A TDR Bonus Credit shall be issued to the owner of
each five (5) acre parcel or legal nonconforming lot of record designated as Sending
Lands, at the transfer rate of one (1) additional TDR Bonus Credit for each five acres
or legal nonconforming lot of record for conveyance of fee simple title to a federal,
state, or local governmental agency by gift; or to a not-for profit entity or land trust,
approved by the Board of County Commissioners, by gift.
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, or until September 27, 2022, 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.
9.A.2
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6. Belle Meade Flow-Way TDR Bonus: Private property owners of land located within or
partially within the Belle Meade Hydrologic Enhancement Overlay (BMHEO), as depicted
on the BMHEO Map, may sever development rights from Sending Lands at a maximum
rate of 0.2 TDR credits per acre (1 TDR Credit per five acres) or legal nonconforming lot
of record in exchange for providing a “Flow-Way Easement” to Collier County. Eligibility
is limited to within two (2) years of adoption of the establishment of the BMHEO. Eligible
parcels are identified on the Belle Meade Hydrologic Enhancement Overlay Area Flow-
Way TDR Bonus Credit Eligibility Map, adopted by separate resolution (Res. 21-XXX).
7. Permitted Uses: Permitted uses are limited to the following:
a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right
to Farm Act).
b) Detached single-family dwelling units, including mobile homes where the Mobile
Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40
acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on
or before June 22, 1999. For the purpose of this provision, a lot or parcel which is
deemed to have been in existence on or before June 22, 1999 is 1) a lot or parcel
which is part of a subdivision recorded in the public records of Collier County,
Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes
and bounds or other specific legal description, the description of which has been
recorded in the public records of Collier County Florida on or before June 22, 1999;
or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for
deed was executed prior to June 22, 1999.
c) Habitat preservation and conservation uses.
d) Passive parks and other passive recreational uses.
e) Sporting and Recreational camps, with which the lodging component shall not
exceed 1 unit per 5 gross acres.
f) Essential Services necessary to serve permitted uses identified in Section 7.a)
through 7.e) such as private wells and septic tanks.
g) Essential Services as follows, necessary to serve Urban area or the Rural
Transition Water and Sewer District: utility lines, except sewer lines; sewer lines
and lift stations, only if located within non-NRPA Sending Lands, and only if
located within already cleared portions of existing rights-of-way or easements; and,
water pumping stations and raw water wells.
h) Essential Services necessary to ensure public safety.
i) Oil and gas exploration. Where practicable, directional-drilling techniques and/or
previously cleared or disturbed areas shall be utilized to minimize impacts to native
habitats.
8. Conditional Uses:
a) The following uses are conditionally permitted subject to approval through a public
hearing process:
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(1) Essential services not identified above in 7.f). Within one year, Collier County
will review essential services currently allowed in the Land Development Code
and will define those uses intended to be conditionally permitted in Sending
designated lands. During this one-year period or if necessary, until a
comprehensive plan amendment identifying conditionally permitted essential
services, no conditional uses for essential services within Sending designated
lands shall be approved.
(2) Public facilities, including solid waste and resource recovery facilities, and
public vehicle and equipment storage and repair facilities, shall be permitted
within Section 25, Township 49S, Range 26E, on lands adjacent to the existing
County landfill. This shall not be interpreted to allow for the expansion of the
landfill into Section 25 for the purpose of solid waste disposal.
(3) Commercial uses accessory to permitted uses 7.a), 7.c) and 7.d), such as retail
sales of produce accessory to farming, or a restaurant accessory to a park or
preserve, so long as restrictions or limitations are imposed to insure the
commercial use functions as an accessory, subordinate use.
(4) Oil and gas field development and production. Where practicable, directional -
drilling techniques and/or previously cleared or disturbed areas shall be utilized
to minimize impacts to native habitats.
(5) Facilities for resource recovery and for the collection, transfer, processing and
reduction of solid waste, for a ±29 acre property located within the southwest
quarter of the southwest quarter of Section 31, Township 49S, Range 27E,
provided previously cleared or disturbed areas are utilized so as to avoid
impacts to native habitats and to protect existing conservation easement areas
from new or expanding uses. This shall not be interpreted to allow for the
establishment or expansion of facilities for landfilling, dryfilling, incinerating, or
other method of onsite solid waste disposal.
(6) Active recreational uses only on lands owned by government entities other
than the State of Florida and designated North Belle Meade Overlay, subject
to criteria and/or definitions established in the LDC.
b) In addition to the criteria set forth in the Land Development Code, Conditional Uses
shall be allowed subject to the following additional criteria:
(1) The applicant shall submit a plan for development that demonstrates that
wetlands, listed species and their habitat are adequately protected. This plan
shall be part of the required EIS as specified in Policy 6.1.7 of the Conservation
and Coastal Management Element.
(2) Conditions may be imposed, as deemed appropriate, to limit the size, location,
and access to the conditional use.
9. Where residential density is transferred from Sending Lands, allowable uses shall be
limited to the following:
a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right
to Farm Act), including water management facilities, to the extent and intensity that
such operations exist at the date of any transfer of development rights.
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b) Cattle grazing on unimproved pasture where no clearing is required;
c) Detached single-family dwelling units, including mobile homes where the Mobile
Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40
acres. In order to retain these development rights after any transfer, up to one
dwelling must be retained (not transferred) per 40 acres.
d) One detached dwelling unit, including mobile homes where the Mobile Home Zoning
Overlay exists, per each preexisting lot or parcel of less than 40 acres. For the
purpose of this provision, a preexisting lot or parcel is one that was in existence on
or before June 22, 1999 and is: 1) a lot or parcel which is part of a subdivision
recorded in the public records of Collier County, Florida; or 2) a lot or parcel which
has limited fixed boundaries, described by metes and bounds or other specific
legal description, the description of which has been recorded in the public records
of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which
has limited fixed boundaries, for which an agreement for deed was executed prior
to June 22, 1999. In order to retain these development rights after any transfer, up
to one dwelling must be retained (not transferred) per each lot or parcel.
e) Habitat preservation and conservation uses.
f) Passive parks and passive recreational uses.
g) Essential services, as authorized in Sending Lands.
h) Oil extraction and related processing, excluding earth mining.
10. Native Vegetation shall be preserved as set forth in CCME Policy 6.1.2.
11. Adjustment to the Sending Land Boundaries. For all properties designated Sending
Lands where such property is contiguous to a Sending Land/Neutral Land boundary or
Sending Land/Receiving Land boundary, the County will provide written notice to the
property owners to advise of the opportunity to submit additional data and analysis to the
County in an attempt to demonstrate a change to the boundary is warranted. Said written
notice will be provided within three months of the effective date of these Rural Fringe
amendments. Within one year from the date these notices are sent, the County will initiate
a Growth Management Plan amendment to consider boundary changes, based upon the
data and analysis, as may be warranted. Under the following conditions, adjustments may
be proposed to Sending Land boundaries:
a) The property is contiguous to Neutral or Receiving Lands;
b) Site specific environmental data submitted by the property owner, or other data
obtained by the County, indicates that the subject property does not contain
characteristics warranting a Sending designation;
c) An adjustment to the Sending land boundary requires an amendment to the Future
Land Use Map.
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11. Clustering: For Sending Lands Parcels a minimum of eighty (80) acres, or an
aggregation of parcels where each is a minimum of forty (40) acres, clustering is
allowed in accordance with the following provisions:
a) The maximum lot size allowable for a single-family detached dwelling unit is one
acre.
b) The clustered development shall be located on the site so as to provide to the
greatest degree practicable: protection for listed species habitat; preservation of
the highest quality native vegetation; connectivity to adjacent natural
reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
D) Additional TDR Provisions: Collier County has amended its land development regulations
to adopt a formal process for authorizing and tracking the Transfer of Development Rights.
This process includes the following provisions:
1. The establishment of a simple, expeditious process whereby private property owners
may, by right, “sell” residential dwelling units from lands designated as Sending Lands.
Said units (TDR Credits) may then be transferred by right to lands designated as
Receiving Lands, or to Urban Lands where authorized. Once established, the TDR
program shall be administratively reviewed and approved, requiring no further public
hearing or Board approval if consistent with the provisions for administrative approval.
2. The establishment of a process for tracking and recording all TDR Credits in the public
records of Collier County. This shall include the identification of the entity or
department responsible for on-going administration of the TDR program. In addition,
the County shall consider the feasibility of establishing a “TDR Bank,” to be
administered by the County or some other not-for-profit governmental or quasi-
governmental public agency established for this purpose. A primary objective of the
TDR Bank is to make funds available to support the TDR program by offering initial
minimal purchase prices of TDR Credits.
3. Limitations and Procedures:
a) TDR Credits shall not be generated from Sending Lands where a conservation
easement or other similar development restriction prohibits residential
development.
b) The generation of TDR Credits through the severance of residential density from
Sending Lands shall be recorded in public records utilizing a legal instrument
determined to be appropriate by the County Attorney’s Office.
c) Said instrument shall clearly state the remaining allowable land uses on the subject
property after all, or a portion, of the residential density has been severed from the
property.
d) Where residential density has been severed from Sending Lands, such lands may
be retained in private ownership or may be sold or deeded by gift to another entity.
4. The TDR process shall be the only mechanism to achieve increased density within
Receiving Lands, excluding: the Density Blending provisions of this Plan;, Housing
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that is Affordable in the Plan; and any density bonuses authorized in the Rural Fringe
Mixed Use District.
5. A 25-year prohibition on generating TDR Credits from any parcel, or portion thereof,
within Sending Lands has been cleared for agricultural purposes after June 19, 2002.
6. A TDR Bonus Credit shall be issued to the owner of private property for each five
(5) acre parcel or legal nonconforming lot of record designated Receiving Lands or
Neutral Lands, at the transfer rate of one (1) additional TDR Bonus Credit for each five
acres or legal nonconforming lot of record, utilized for a conservation use. A perpetual
easement shall be placed on lands used for conservation uses to protect these lands
in perpetuity. A restrictive covenant in favor of Collier County will be placed on lands
used for conservation restricting the use in perpetuity to protect against non -
conservation development.
2. Buffers Adjacent to Major Public Rights-of-way: In order to maintain and enhance the
rural character within the Rural Fringe Mixed Use District, within one year of adoption of
this amendment, Collier County will adopt land development regulations establishing
buffering standards for developments adjacent to existing or proposed arterial and
collector public roadways. These standards shall include, but are not limited to:
applicability provisions, including establishing a minimum project size below which these
requirements shall not apply; the degree to which water features, including water
management lakes and canals, may be a part of this buffer; credits for existing native
vegetation that is to be retained; and, credits toward any open space and native vegetation
preservation requirements.
3. Rural Villages: Rural Villages may be approved within the boundaries of the Rural
Fringe Mixed Use District in order to: maximize the preservation of natural areas and
wildlife habitat within the Rural Fringe Mixed Use District; to reduce the need for residents
of the District and surrounding lands to travel to the County’s Urban area for work,
recreation, shopping, and education; and, to enhance the provision of limited urban and
rural levels of service through economies of scale. Rural Villages shall be comprised of
several neighborhoods designed in a compact nature such that a majority of residential
development is within one quarter mile of Neighborhood Centers or Village Center.
Neighborhood Centers may include small scale service retail and office uses, and shall
include a public park, square, or green. Village Centers shall be designed to serve the
retail, office, civic, government uses and service needs of the residents of the village.
The Village Center shall be the primary location for commercial uses. Villages shall be
surrounded by a green belt in order to protect the character of the rural landscape and to
provide separation between villages and the low density rural development, agricultural
uses, and conservation lands that may surround the village. Villages shall be designed to
include the following: a mixture of residential housing types; institutional uses; commercial
uses; and, recreational uses, all of which shall serve the residents of the Village and the
surrounding lands. In addition, the following criteria and conditions shall apply, except for
those modifications that are identified in the North Belle Meade Overlay:
A) Process for Approval: The Collier County Land Development Code includes provisions
for the establishment of Rural Villages. These provisions establish specific
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development regulations, standards, and land use mix requirements. Subsequent to
the creation of these provisions, Rural Village applications shall be submitted in the
form of a Planned Unit Development (PUD) rezone and, where applicable, in
conjunction with a Development of Regional Impact (DRI) application as provided for
in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions
of law that may supersede the DRI process.
B) Locational Restrictions:
1. A Rural Village shall not be located any closer than 3.0 miles from another Rural
Village.
2. No more than one Rural Village may be located in each of the distinct Receiving
Areas depicted on the FLUM.
3. 1. A Rural Village shall have direct access to a roadway classified by Collier County
as an arterial or collector roadway. Alternatively, access to the Village may be via
a new collector roadway directly accessing an existing arterial, the cost of which
shall be borne entirely by the developer.
4. 2. A Rural Village shall be located where other public infrastructure, such as
potable water and sewer facilities, already exist or are planned.
C) Rural Village Sizes, and Density, and Design:
1. Rural Villages shall be a minimum of 300 acres and shall utilize Rural Village
standards herein and within the LDC. A Rural Village shall have and a maximum
of 1,500 acres, except within Receiving Lands south of th e Belle Meade NRPA
where the maximum size may not exceed 2,500 acres. The Rural Village size is
exclusive of the required green belt area. Rural Villages shall include a Village
Center and a minimum of two distinct neighborhoods.
2. The minimum and maximum gross density of a Rural Village shall be 2.0 units per
gross acre and 3.0 units per acre, respectively. The density calculation for a Rural
Village may include the base residential density permitted for the green belt area,
if such density is shifted to the Rural Village area.
3. Density shall be achieved as follows:
a) The base density for the Agricultural/Rural Designation of 0.2 dwelling units per
acre (1.0 dwelling units per five acres) for lands within the Rural Village, and
the land area designated as a green belt surrounding the Rural Village, is
granted by right for allocation within the designated Rural Village.
b) The additional density necessary to achieve the minimum required density for
a Rural Village shall be achieved by any combination of TDR Credits and TDR
Bonus Credits. For each TDR Credit acquired for use in achieving the minimum
density in a Rural Village, one Rural Village bonus unit shall be granted.
c) Additional density between the minimum and maximum amounts established
herein may be achieved through any of the following, either individually or in
combination:
1) Additional TDR Credits.
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2) TDR Bonus Credits.
3) A one-half (0.5) unit bonus for each (1) unit that is provided for low income
residents.
4) A density bonus of no more than 10% of the maximum density per acre
allowed for each additional acre of native vegetation preserved exceeding
the minimum preservation requirements set forth in Policy 6.1.2 of the
CCME.
5) A density bonus of no more than 10% of the maximum density per acre
as provided in Policy 6.2.5 (6)b. of the CCME.
4. Greater than 50 percent of residential development shall be located within one
quarter mile of a Neighborhood Center or the Village Center.
5. Rural Villages shall include a Village Center and a minimum of two distinct
neighborhoods.
D) Land Use Mix:
1. Acreage Limitations
1. Neighborhood Center Characteristics
a) Small scale service retail and office uses allowed; maximum floor area ratio
(FAR) of .5
b) Parks and Public Green Spaces required; minimum of one (1) percent of total
Village acreage
2. Village Center Characteristics
a) Floor Area Ratio or Intensity
1. Retail and Office allowed; maximum FAR of 0.5
2. Civic, Government, and Institutional Services allowed; maximum FAR of 0.6
3. Group Housing allowed; maximum FAR of 0.45
4. Transient Lodging allowed; maximum of 26 units per acre net
b) Goods and Services required; minimum of 53 sq. ft. gross building area per
dwelling unit
c) Civic, Government and Institutional Services required; minimum of 10 sq. ft. per
dwelling unit
a) Neighborhood Center ‒ 0.5% of the total Village acreage, not to exceed 10
acres, within each Neighborhood Center.
b) Neighborhood Center Commercial – Not to exceed 40% of the Neighborhood
Center acreage and 8,500 square feet of gross leasable floor area per acre.
c) Village Center ‒ Not to exceed 10% of the total Village acreage.
d) Village Center Commercial ‒ Not to exceed 30% of the Village Center acreage
and 10,000 square feet of gross leasable floor area per acre.
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e) d) Research and Technology Parks allowed; must be – Cconsistent with the
provisions of the Research and Technology Park Subdistrict in the Urban Mixed
Use District, excluding paragraph j; the Park shall not exceed 4% of the total
Village acreage.
f) Civic Uses and Public Parks ‒ Minimum of 10% of the total Village acreage.
E) Open Space and Environmental Protection:
1. Greenbelts: In addition to the requirements for parks, village greens, and other
open space within the Rural Village, a greenbelt averaging 200 300 feet in width
but not less than 2100 feet in width, shall be required at the perimeter of the Rural
Village. The Greenbelt is required to ensure a permanent un-developable edge
surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall only
be designated on Receiving Lands. The allowable residential density shall be
shifted from the designated Greenbelt to the Rural Village. The greenbelt may be
concentrated to a greater degree in areas where it is necessary to protect listed
species habitat, including wetlands and uplands, provide for a buffer from adjacent
natural reservations, or provide for wellfield or aquifer protection, Golf courses and
existing agriculture operations are permitted within the greenbelt, subject to the
native vegetation preservation requirements specified below in paragraph 2.
However, golf course turf areas shall only be located within 100 feet of the
Greenbelt boundaries (interior and exterior boundary); further, these turf areas
shall only be located in previously cleared, or disturbed areas (see CCME Policy
6.1.2(1)).
2. Open Space and Native Vegetation Retention.
a) Native Vegetation shall be preserved as set forth in the Conservation and
Coastal Management Element Policy 6.1.2.
b) Open Space: Within the Rural Village and required Greenbelt, in aggregate, a
minimum of 40% of Open Space shall be provided.
3. An environmental impact statement for the Rural Village and surrounding
greenbelt area shall be submitted in accordance with Policy 6.1.7 of the CCME.
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F) Fiscal Neutrality: A Rural Village may only be approved after demonstration that the
Village will be fiscally neutral to county taxpayers outside of the Village.
1. An analysis shall be conducted and submitted in conjunction with the PUD rezone
and/or DRI application evaluating the demand and impacts on levels of service for
public facilities and the cost of such facilities and services necessary to serve the
Rural Village. This evaluation shall identify projected revenue sources for services
and any capital improvements that may be necessary to support the Village.
Additionally, this analysis shall demonstrate that the costs of providing necessary
facilities and services shall be fiscally neutral to County taxpayers outside of the
Village. At a minimum, the analysis shall consider the following:
a) Stormwater/drainage facilities;
b) Potable water provisions and facilities;
c) Reuse or “Grey” water provisions for irrigation;
d) Central sewer provisions and facilities;
e) Park facilities;
f) Law enforcement facilities;
g) School facilities;
h) Roads, transit, bicycle and pedestrian facilities and pathways;
i) Solid Waste facilities.
Development phasing and funding mechanisms to address any impacts to level of
service in accordance with the County’s adopted concurrency management program.
Accordingly, there shall be no degradation to the adopted level of service for public
facilities and infrastructure identified above.
G) As part of the development of Rural Village provisions, land development regulations
shall identify specific design and development standards for residential, commercial
and other uses. These standards shall protect and promote a Rural Village character
and shall include requirements for parks, greens, squares, and other public places. In
addition to the public spaces required as a part of a Village Center or Neighborhood
Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In
addition, the following shall be addressed:
1. Rural Village, Village Center and neighborhood design guidelines and
development standards:
• A formal street layout, using primarily a grid design and incorporating village
greens, squares and civic uses as focal points.
• Neighborhoods and the village center will be connected through local and
collector streets and shall incorporate traffic calming techniques as may be
appropriate to discourage high-speed traffic.
• Consideration shall be given to the location of public transit and school bus
stops.
• Pedestrian paths and bikeways shall be designed so as to provide access and
interconnectivity.
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• The siting of both schools and housing units within the village shall consider
the minimization of busing needs within the community.
• Each Rural Village shall be served by a primary road system that is accessible
by the public and shall not be gated. The primary road system within the village
shall be designed to meet County standards and shall be dedicated to the
public.
• Access drives shall not be required to meet County standards.
• A Rural Village shall not be split by an arterial roadway.
• Interconnection between the Rural Village and abutting developments shall
be encouraged required.
2. Specific allocations for land uses including residential, commercial and other non-
residential uses within Rural Villages, shall include, but are not limited to:
• A mixture of housing types, including single-family attached and detached, as
well as multi-family. Projects providing affordable housing as required in the
Rural Fringe Mixed Use Overlay contained in the Collier County Land
Development Code shall receive a credit of one-half (0.5) units for each (1) unit
constructed. Collier County shall develop, as part of the Rural Village Overlay,
a methodology for determining the rental and fee-simple market rates that will
qualify for such a credit, and a system for tracking such credits.
• A mixture of recreational uses, including parks and village greens.
• Civic, community, and other institutional uses.
• A mixture of lot sizes, with a design that includes more compact development
and attached dwelling units within neighborhood centers and the Village
Center, and reduced net densities and increasingly larger lot sizes for detached
residential dwellings generally occurring as development extends outward from
the Village Centers. A mixture of retail, office, and services uses.
3. Specific development standards, including but not limited to, maximum net
densities; required yards; landscaping and buffering, and building heights.
4. If requested by the Collier County School Board during the PUD and/or DRI review
process, school sites shall be provided and shall be located to serve a maximum
number of residential dwelling units within walking distance to the schools.
Accordingly, schools, if requested, shall be located within or adjacent to the Village
Center. Where a school site is requested and provided, a credit toward any
applicable school impacts fees shall be provided based upon an independent
evaluation/appraisal of the value of the land and/or improvements provided by the
developer.
H) For the Belle Meade and North Belle Meade Receiving Areas, within one (1) year from
the effective date of adoption of these amendments, staff will initiate a study to
evaluate the public infrastructure needs, maximum density allowance, employment
opportunities, and design parameters, and propose appropriate GMP and/or LDC
amendments.
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4. Exemptions from the Rural Fringe Mixed Use District Development Standards ‒
The requirements, limitations and allowances of this District shall not apply to, affect or limit
the continuation of existing uses. Existing uses shall include: tho se uses for which all
required permits were issued prior to June 19, 2002; or projects for which a Conditional use
has been approved by the County prior to June 19, 2002; or, projects for which a Rezone
petition has been approved by the County prior to June 19, 2002 – inclusive of all lands not
zoned A, Rural Agricultural; or, land use petitions for which a completed application has
been submitted prior to June 19, 2002. The continuation of existing uses shall include on-
site expansions of those uses if such expansions are consistent with or clearly ancillary to
the existing uses. Hereafter, such previously approved developments shall be deemed to
be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed
Use District, and they may be built out in accordance with their previously approved plans.
Changes to these previous approvals shall also be deemed to be consistent with the Plan's
Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do
not result in an increase in development density or intensity.
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V. OVERLAYS AND SPECIAL FEATURES [Page 99]
A. Area of Critical State Concern Overlay
The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida
Legislature. The ACSC is displayed on the Future Land Use Map as an overlay area. The
ACSC encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban
(Port of the Islands, Plantation Island and Copeland). Chokoloskee is outside the boundaries
of the Big Cypress ASCS. Two areas located within the boundaries of the ACSC are exempt
from the ACSC regulations: Everglades City: and, Ochopee, which is described as all of
Sections 27, 28, 33 and 34, Township 52 South, Range 30 East.
***********************************text break**************************************
B. North Belle Meade Overlay [Page 102]
The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for
in Receiving, Neutral, NRPA and non-NRPA Sending Lands, except as provided herein for
Neutral Lands in Section 24, Township 49 South, Range 26 East, and shown on the North Belle
Meade Overlay Section 24 Map. Development and preservation standards within this Overlay
shall be as provided herein.
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C. Belle Meade Hydrologic Enhancement Overlay (BMHEO) [Page New]
The purpose of the BMHEO is to restore natural flow ways and rebalance freshwater flows into
two natural systems – Naples Bay and Rookery Bay. Naples Bay has been adversely impacted
over the years from an abundance of fresh water from the Golden Gate Canal; and, Rookery Bay
from increased salinity caused by too little freshwater inflow. The Comprehensive Watershed
Improvement Plan is a county initiative designed to address these adverse impacts with a series
of hydrologic improvements to rebalance these two natural systems while rehydrating
approximately 10,000 acres of land within and adjacent to the Picayune Strand State Forest to
reestablish historical flows through this area. As a result, lands within the BMHEO will have
standing water at varying levels depending on the location of these lands within the Overlay. The
Lands within the Core Hydration Area will be impacted by a larger volume of water and for a longer
period, and lands within the Primary and Secondary Flow Ways will be impacted to a lesser degree
(refer to BMHEO Map).
Lands within the BMHEO are under public and private ownership. Recognizing the public benefit
achieved through these hydrologic enhancements, private property owners within the BMHEO will
be eligible to participate in the Transfer of Development Rights Program, as provided within the
RFMUD TDR provisions herein.
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CD. Natural Resource Protection Area Overlay [Page 120]
The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect
endangered or potentially endangered species and to identify large connected intact and relatively
unfragmented habitats, which may be important for these listed species. NRPAs may include
major wetland systems and regional flow-ways. These lands generally should be the focus of any
federal, state, County or private acquisition efforts.
NRPAs are located in the following areas:
1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development);
2. CREW (Corkscrew Regional Ecosystem Watershed);
3. North Belle Meade;
4. Belle Meade;
5. South Golden Gate Estates;
NRPAs located in the Rural Fringe Mixed Use District are identified as Sending Lands. Owners
of Pprivate property owners within these NRPAs may transfer residential development rights
from these important environmentally sensitive lands in accordance with Sending Lands
provisions.
Natural Resource Protection Areas (NRPAs) shall have the following standards:
1. Vegetation Retention and Site Preservation - Calculated at the higher value of 90% of the
native vegetation present, or 90% of the total site area, or as may otherwise be permitted
under the Density Blending provisions of the FLUE. Applicable standards provided for in
CCME Policy 6.1.2 shall also apply;
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2. Listed species protection shall be provided for as specified in CCME Policy 7.1.2;
3. Permitted and conditional uses for publicly owned lands within an NRPA Overlay shall be
those as set forth under the Conservation Designation.
4. For privately owned lands within a NRPA Overlay and designated Sending Lands,
permitted and conditional uses shall be those as set forth in the Rural Fringe Mixed Use
District for Sending Lands.
5. For privately owned lands within a NRPA Overlay and designated Estates, permitted and
conditional uses shall be those as set forth in the Estates Designation within the Golden
Gate Area Master Plan, in recognition of Florida’s private property rights laws. As these
privately owned Estates Designated lands are acquired for conservation purposes, the
Plan will be amended to change the Designation to Conservation.
6. There are approximately 15 sections of privately owned land within a NRPA Overlay
that are not designated Sending and are not located within the Rural Fringe Mixed Use
District (where all Sending Lands are located). Eight (8) of these sections, known as the
“hole-in-the-doughnut,” are located within the South Golden Gate Estates NRPA and
surrounded by platted Estates lots, almost all of which have been acquired by the State
under the Florida Forever program as part of the Picayune Strand State Forest. The
remaining seven (7) sections are within an approved mitigation bank located north and
west of Corkscrew Swamp Sanctuary. Uses on these lands are limited to restoration
and mitigation and, at the completion of this restoration process, these lands will be
deeded to a land management entity for conservation purposes. As these privately
owned Agricultural/Rural Designated lands are acquired for conservation purposes, the
Plan will be amended to change the Designation to Conservation. Until such time, in
recognition of Florida’s private property rights laws, permitted and conditional uses for
these privately owned lands shall be those set forth in the Agricultural/Rural Mixed Use
District.
9.A.2
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Exhibit A
[PL20200002234]
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Exhibit A
[PL20200002234]
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Staff Proposed Rural Fringe Mixed Use District Amendments
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION,
COMMUNITY PLANNING SECTION
HEARING DATE: APRIL 1, 2021
RE: PETITION PL20200002234, STAFF-PROPOSED AMENDMENTS TO THE
RURAL FRINGE MIXED USE DISTRICT OF THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN [TRANSMITTAL HEARING]
INTRODUCTION: The proposed Growth Management Plan (GMP) amendments found in Resolution
Exhibit A are derived from public and staff input, and direction by the Board of County Commissioners
(Board) at three public workshops in January, May and June of 2017, and at their September 25, 2018
meeting. These amendments are presented to the Collier County Planning Commission (CCPC) in its
capacity as the County’s Land Planning Agency under Florida Statutes and as the County’s
Environmental Advisory Council (EAC), for consideration at the Transmittal stage public hearings.
BACKGROUND: In 1997, Collier County adopted significant amendments to the Growth Management
Plan (GMP) and submitted them to the State for review and comment. The State determined the
amendments did not provide the necessary regulatory protections for environmentally sensitive lands,
lacked measures for preventing the premature conversion of agricultural land to other land uses, and
did not adequately discourage urban sprawl. As a result, the State issued a Final Order on June 22,
1999 (ACC-99-002) that required the County amend the GMP to: 1) provide protections for prime
agricultural lands; 2) direct incompatible land uses away from wetlands and upland habitat to protect
water quality and quantity and maintain the natural water regime as well as to protect listed species and
their habitat; and, 3) provide measures to curtail urban sprawl by encouraging development that utilizes
creative land use planning techniques. Over a three-year period, numerous public meetings were
conducted culminating in the County adopting GMP amendments establishing the Rural Fringe Mixed
Use District (RFMUD) and the Rural Lands Stewardship Area (RLSA) regulations, respectively, to
address the findings in the Final Order.
The RFMUD consists of approximately 77,000 acres and was adopted in 2002 by Ordinance 02-32.
The RFMUD provides a transition between the Urban and Estates designated lands and between the
Conservation and RLSA designated lands to the east. The RFMUD includes regulations and incentives
to protect natural resources and private property rights. The RFMUD allows for appropriate density and
intensity of uses, and a mixture of urban and rural levels of services, including limited extension of
central water and sewer, schools, commercial uses, and essential service uses.
9.A.3
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Staff Proposed Rural Fringe Mixed Use District Amendments
The Rural Fringe Mixed Use District is separated into three areas – Sending Lands, Neutral Lands
and Receiving Lands.
Sending Lands:
• Highest degree of environmental
value and sensitivity
• Includes significant wetlands,
uplands, and habitat for listed
species
• Permitted and Conditional Uses are
limited
• Residential density at a maximum of
1 dwelling unit per 40 acres or legal
lot of record
• Ability to sever residential
development rights and transfer
them to Receiving Lands (Transfer
of Development Rights – TDR)
• Four types of TDR Credits (Base,
Early Entry bonus, Environmental
Restoration and Maintenance
bonus, and Conveyance bonus), all
at a ratio of 1 TDR Credit per five
acres or lot of record
Neutral Lands (Hatched Areas on Map):
• Higher ratio of native vegetation and
habitat values than Receiving
Lands
• Includes native vegetation and
habitat for listed species but not at
values of Sending Lands
• Permitted and Conditional Uses
allowed per Agricultural zoning
district (no change)
• Residential density at a maximum of
1 dwelling unit per 5 acres or legal
lot of record (no change)
Receiving Lands:
• Lands most appropriate for
development and to which
residential density may be transferred from Sending Lands
• Lesser degree of environmental or listed species habitat value
• Lands generally disturbed through development, or previous or existing agricultural operations
• Permitted and Conditional Uses allowed per Agricultural zoning district, with allowance for expanded
land uses
• Residential base density at a maximum of 1 dwelling unit per 5 acres or legal lot of record; and,
allowance to achieve 1 dwelling unit per acre through TDR process, with a minimum project size of
40 contiguous acres
Sending
Lands
Receiving
Lands
Receiving
Lands
Sending
Lands
9.A.3
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Staff Proposed Rural Fringe Mixed Use District Amendments
Receiving Lands – Rural Villages:
• The Future Land Use Element (FLUE) allows a single Rural Village (RV) in each of the 4 Receiving
Areas
• RV must be located where public infrastructure exists or is planned
• RV must have access to a roadway classified as an arterial or collector roadway
• RV may have access to arterial roadway via new collector roadway that is paid for by developer
• RV may only be approved after demonstrating RV is fiscally neutral or positive to taxpayers outside
of Village
• RV is highest density and intensity development allowed by RFMUD
RESTUDY:
On February 10, 2015, the Board directed staff to initiate the RFMUD restudy. The focus areas of this
restudy included complementary land uses, economic vitality, transportation and mobility, and
environmental stewardship, all through a public outreach effort.
The Board appointed an ad hoc advisory committee, the Growth Management Oversight Committee
(GMOC), to assist in directing the public engagement process of the RFMUD restudy. Unlike prior area
restudies, the Board directed that staff, rather than the appointed committee, provide recommendations
to the Board for regulatory changes. The RFMUD public outreach effort included six (6) public
workshops, and meetings with stakeholders, many who provided valuable input and analysis. The
evaluation of community input received through the restudy workshops reinforces and supports the
amendments to improve the TDR program and achieve the overriding RFMUD goals.
The RFMUD restudy public outreach and staff assessment resulted in the RFMUD White Paper. The
White Paper provides the framework for the restudy effort conducted by staff and serves to further
inform the Collier County Planning Commission and the public on these efforts. The RFMUD White
Paper results in recommendations for improving the RFMUD and TDR Program by further protecting
the environment, conserving agricultural lands, addressing development characteristics, and
establishing new development standards.
On January 3, 2017, the RFMUD White Paper was presented to the Board. At that public workshop,
staff discussed increasing residential density on Receiving Lands within Rural Villages and outside of
Rural Villages; a TDR Bank as a catalyst for the TDR Program; and, donations of Sending Lands when
no governmental agency accepts the donation. The Board directed staff to discontinue the
consideration of a TDR Bank; provide additional data and analysis for Receiving Lands development
patterns; and, provide information on Sending Lands donations for future Board direction.
At the second RFMUD public workshop on May 11, 2017, staff presented to the Board various
development scenarios, including density ranges, housing diversity, mobility options, and opportunities
for economic development. The Board directed staff to provide additional information on agricultural
uses, TDR bank alternatives, and costs for conservation land management.
At the final RFMUD workshop on June 20, 2017, staff presented to the Board the following amendments
and concepts for Board direction: 1) promote economic vitality by allowing business park/employment
center outside of the Rural Villages; 2) remove the maximum acreage and leasable floor area limitations
for the Village Center and Research and Technology Park within a Rural Village; 3) modify TDR
requirements for multi-family from 1 TDR to 0.75 TDRs per unit and eliminate the TDR requirement for
defined affordable housing; 4) eliminate the minimum $25,000 price for the Base TDR; 5) provide
additional TDR credits to Sending Lands owners, and where possible, apportion equally to all owners
regardless of location; 6) allow TDRs for bona fide agricultural operations on Sending Lands; 7) allow
landowners who have not conveyed their properties to participate in applicable program changes; 8)
9.A.3
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Staff Proposed Rural Fringe Mixed Use District Amendments
expand concept of donation when approved by the BCC; 9) adopt standard whereby County agrees to
take title of land donated by Sending Lands owners where no public agency will take the land; and, 10)
allow TDRs for agriculture and conservation uses when secured by perpetual easements on Receiving
and Neutral Lands.
The purpose of this petition is to bring forward those RFMUD Growth Management Plan amendments
directed by the Board at their June 20, 2017 workshop (Attachment E) and further directed at their
September 25, 2018 Board meeting (Attachment F), which staff recommends.
Note: The proposed amendments do not include changes to the existing density provisions for non-
Rural Village and Rural Village development in the North Belle Meade (NBM) and Belle Meade
Receiving Areas; and do not increase the number of Rural Villages allowed in these areas. Staff is
proposing a comprehensive study of the NBM and Belle Meade Receiving areas as part of these
amendments (refer to Resolution Exhibit A, page 24, paragraph H). The study will address sustainable
long-term growth by developing a coordinated approach to infrastructure planning, establishing
appropriate density and intensity of uses, addressing economic diversity, and providing opportunities
for greater environmental protection. There are infrastructure constraints in this area, notably, limited
transportation network. The study will address the mixture of land uses adequate to result in a sufficient
internal capture rate. The staff team agreed that a comprehensive planning effort in the Belle Meade
area is essential to achieving and furthering the goals of the RFMUD and TDR Program.
SUMMARY OF PROPOSED CHANGES TO THE RFMUD:
The below summary of RFMUD proposed amendments represent recommendations of County staff.
The recommendations include strategies to promote economic vitality, incentivize greater protection of
agriculture and natural resources, and provide for complementary land uses. The amendments are
intended to create incentives to encourage increased participation in the Rural Fringe Mixed Use District
and Transfer of Development Rights Program.
Sending Lands
1. Provide additional TDR credits to Sending owners. Where possible, additional TDR credits should
be apportioned equally to all Sending owners regardless of location or property attributes.
2. Make TDR credits available to Sending owners with existing agricultural uses. In Natural Resource
Protection Area (NRPA) locations, only existing passive agricultural operations, excluding
aquaculture, would qualify. Passive agricultural uses may be considered for Restoration and
Maintenance TDRs through an approved Restoration and Maintenance Plan. [For NRPA locations,
see attached countywide Future Land Use Map (FLUM)]
3. Allow landowners who have generated TDRs but have not conveyed their land to participate in any
applicable program changes.
4. Replace the reference to Early Entry Bonus TDRs and provide 2 TDRs for base severance of
dwelling unit rights, subject to any additional credits assigned.
5. Provide for Board approval to convey land to a not-for-profit entity or land trust by gift.
6. Government entities, other than the State of Florida, with lands designated North Belle Meade
Overlay (NBMO) may qualify for conditional use approval for expanded recreational uses, if
compatible with environmental goals. [For NBMO location, see attached countywide FLUM]
7. Allow landowners with large Sending Lands parcels to cluster dwelling units, retaining the one unit
per 40-acre standard.
9.A.3
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Staff Proposed Rural Fringe Mixed Use District Amendments
8. Implementation of the Comprehensive Watershed Improvement Plan initiative for the Belle Meade
Hydrologic Enhancement Overlay (by adding a TDR bonus for owners of Sending Lands
participating in this initiative).
Neutral Lands:
1. Allow TDR credits for existing agriculture and conservation uses where the uses are secured by
perpetual easements.
2. Remove the 40-acre minimum project size for clustered development.
Receiving Lands:
1. Within a Village, remove the maximum acres and leasable floor area limitation of the Village Center
and the Research and Technology Park.
2. Allow TDRs to be generated from Receiving Lands for existing agriculture preservation, or native
vegetation and habitat protection beyond minimum requirements.
3. Provide new measures for mixed-use standards, consistent with the RLSA provisions for SRAs –
Stewardship Receiving Areas.
4. Development over 300 acres shall use the Rural Village provisions.
5. Allow for affordable workforce housing projects outside of a Rural Village (stand-alone) and allow at
a higher density.
6. Incentivize affordable workforce housing projects by allowing a commercial component to the
development.
Urban Designation:
1. Eliminate the one-mile boundary from which TDRs must be derived for Urban Residential Fringe
Subdistrict. [For Urban Residential Fringe location, see attached countywide FLUM]
2. Eliminate the requirement to purchase TDRs when utilizing the Urban Residential Infill density bonus
provision.
3. Increase TDR demand by adding requirement that any GMP amendment that proposes a density
increase in the Urban Mixed-Use District or RFMUD must utilize TDR credits to achieve that density
increase.
Growth Management Plan Amendments (GMPA) – Alternatives to Board Directed GMPAs
1. Density in Receiving Lands outside of Rural Villages – the Board directed an increase from a
maximum of 1 dwelling unit per acre to 2 dwelling units per acre for all lands. Staff recommends
this density increase only for the two Receiving Lands area along Immokalee Road due to road
capacity and other potential infrastructure concerns.
2. Density in Rural Villages (RV) – Staff recommends density in RV remain at 2-3 dwelling units per
acre, but to further study the Belle Meade and North Belle Meade Receiving Lands to determine if
adequate infrastructure may be available to accommodate greater density.
3. Promote economic vitality outside of Rural Villages by allowing Business and Industrial uses as
identified as Florida Qualified Target Industries.
4. Size of Rural Village: Staff recommends retaining the maximum size of the RV to allow for further
study, including infrastructure needs, maximum density, employment opportunities, and design
parameters.
5. Rural Village Greenbelt – Staff recommends reducing the greenbelt width, not eliminate, to
provide for the transition of uses and maintain rural character.
9.A.3
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Staff Proposed Rural Fringe Mixed Use District Amendments
TRANSFER OF DEVELOPMENT RIGHTS CREDIT CALCULATIONS:
These amendments have the potential to incentivize participation in the RFMUD and TDR Program by
addressing economic vitality, land uses, and environmental stewardship. Greater participation in the
TDR Program will allow for additional protection of agricultural operations, protection of natural
resources and listed species and their habitat, and curtail urban sprawl – all while offering compensation
to owners of Sending Lands for their loss of development rights with the adoption of the RFMUD in
2002. The tables below identify the development potential in the four (4) Receiving Lands areas based
on the proposed amendments and utilization of TDR credits to entitle development, and the TDR credit
supply.
TABLE 1
TDR Demand Potential
Location Development Type/Intensity Calculations
North Receiving Lands Rural Village – Immokalee Rd. Rural Village +1,998 acres
1.5 DU/A = 3,000 DUs and 3 DU/A = 4,000 DUs
Required TDRs 1,137 TDRs
Non-Rural Village – no eligible acreage
Required TDRs 0 TDRs
Northwest Receiving Lands Rural Village – no eligible acreage
Required TDRs 0 TDRs
Non-Rural Village +788 acres
@ 2 DU/A without 40-acre requirement for TDRs
60% Participation = 913 DUs
Required TDRs 724 TDRs
NBM Receiving Lands Rural Village (min. 2 DU/A & max. 3 DU/A) 1,500 acres
2 DU/A = 3,000 DUs and 3 DU/A = 4,500 DUs
Required TDRs 2,700 TDRs
Non-Rural Village +1,839 acres
@ 1 DU/A with 40-acre requirement for TDRs
60% participation = +1,103 DUs
Required TDRs 880 TDRs
Belle Meade Receiving Lands Rural Village (min. 2 DU/A & max. 3 DU/A) 2,500 acres
2 DU/A = 5,000 DUs and 3 DU/A = 7,500 DUs
Required TDRs 4,500 TDRs
Non-Rural Village
@1 DU/A, with 40-acre requirement for TDRs +4,191 acres
60% participation = +2,514 DUs
Required TDRs 1,198 TDRs
Sum of all Receiving Lands TOTAL TDRs 11,139 TDRs
Sum of all Receiving Lands TOTAL DUs 20,530 DUs
Note: The calculations in the table are estimates only. The TDR calculations are based on a 60% participation rate for
clustering DUs outside of Rural Villages (RV) as noted in the White Paper and assumed the development of three (3) RVs,
one each in the North Receiving Lands, North Belle Meade (NBM) Receiving L ands, and Belle Meade Receiving Lands – the
North Receiving Lands RV has preliminary approval to develop at a lower density and lower TDR utilization rate.
9.A.3
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Staff Proposed Rural Fringe Mixed Use District Amendments
Table 2.0 - Existing TDR Supply Potential
Type of TDR Number of TDRs
Base TDR
2,433
Early Entry TDR Bonus
2,433
Environmental Restoration and Maintenance TDR Bonus
(Total includes 954 TDRs not yet redeemed)
3,387
Conveyance Bonus
(Total includes 458 TDRs not yet redeemed)
2,891
Total
11,144*
*Note: This figure reflects 100% TDR severance rate for all remaining eligible Sending Lands. The White Paper
reflects a severance rate of +50% (based on Staff assumptions). The TDR supply potential of 6,278 in
Table 2.2 reflects this +50% severance rate.
Table 2.1 – Additional Proposed TDR Supply Potential
Type of TDR Number of TDRs
Belle Meade Flow Way TDR Bonus
(100% utilization in the Belle Meade Hydrologic
Enhancement Overlay = 560 new TDRs)
560
Sending Lands Existing Agriculture TDR Bonus
(100% utilization in all Sending Lands = 1,407 new
TDRs; staff assumed 80% utilization in North Sending Area,
and 30% in the NBM and Belle Meade Sending Lands)
446
Neutral Lands Existing Agriculture TDR Bonus
(100% utilization in all Neutral Lands = 1,266 new TDRs;
staff assumed 10% utilization)
126
Receiving Existing Agriculture TDR Bonus
(100% utilization in all Receiving Lands = 2,110 TDRs;
staff assumed utilization only on the 6Ls farming operation
in the Belle Meade Receiving area and only at 50% due to
unique microclimate conducive to existing agricultural uses.)
611
Total TDRs
1,743
Note: Early Entry TDR bonus credit will be replaced with a second TDR Base Credit.
9.A.3
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Staff Proposed Rural Fringe Mixed Use District Amendments
Table 2.2 – Total TDR Supply and Demand Potential
TDR Potential Supply:
(6,278 Existing TDRs + 1,743 Proposed TDRs)
8,021
TDR Potential Demand:
11,139
Estimated Surplus/Deficit
(3,118)
Based upon the County’s expert on TDR Programs during the creation of the RFMUD, a successful
TDR Program must have a significantly larger TDR demand than available supply. Therefore, any
changes to the Program need to result in maintaining that ratio. There are numerous variables affecting
the TDR supply and demand, including parcel size, property location, availability of infrastructure,
existing and allowed land uses, value of TDR credits, awareness of the TDR Program/ease of
participation in the Program, etc. The above tables reflect one plausible development scenario for each
Receiving Lands area and supply of TDR Credits. The previously referenced need to study the Belle
Meade area would require careful consideration of the supply/demand ratio.
Staff recommended amendments are included in strikethrough and underline format in the attached
Resolution Exhibit A. After the preparation of, and legal review of, the Resolution Exhibit A, staff
identified additional changes needed, as follows:
1) Add a Belle Meade Hydrologic Enhancement Overlay Map; and,
2) Resolution Exhibit A, page 24, Paragraph H), 2nd line: insert “initiate a study to” after “staff will.”
LEGAL CONSIDERATIONS:
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), FS. In addition, s. 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.
9.A.3
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Staff Proposed Rural Fringe Mixed Use District Amendments
STAFF RECOMMENDATION
That the Collier County Planning Commission, acting as the Land Planning Agency and the
Environmental Advisory Council, forward the proposed Rural Fringe Mixed Use District Growth
Management Plan amendments to the Board of County Commissioners with a recommendation to
Transmit to the Florida Department of Economic Opportunity and other statutorily required review
agencies.
Attachments:
• Resolution Exhibit A Text
• Attachment RFMUD White Paper
• Attachment RFMUD White Paper, Appendix A – Public Outreach
• Attachment RFMUD White Paper, Appendix B – Mitigation Feasibility Study
• Attachment RFMUD White Paper, Appendix C – TDR Bank Capitalization Report
• Attachment RFMUD White Paper, Appendix D – TDR Economic Report
• Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated
June 20, 2017
• Attachment F RFMUD Executive Summary, dated September 25, 2018
• Attachment G Stakeholder Comments
• Attachment H Countywide FLUM
• Attachment I Belle Meade Hydrologic Enhancement Overlay Map
9.A.3
Packet Pg. 79 Attachment: 01. CCPC Staff Report RFMUD Transmittal.FINAL (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
Rural Fringe Mixed-Use District Restudy
White Paper
Prepared by the Growth Management Department,
Planning and Zoning Division, Community Planning Section Staff
BCC Workshop
January 3, 2017
Rural Fringe Mixed-Use District White Paper
Table of Contents Page
Section 1: Introduction…………………………………………………………………………………………………………………….………1
Section 2: Background…………………….…………………………………………………………………….………………….……..……..5
Section 3: Planning Process……………………………………………………………………………………….………………………....10
Section 4: Findings and Initial Recommendations…………………………………………………….………………………….. 32
Appendix A: Public Outreach
Appendix B: North Belle Meade Mitigation Feasibility Report
Appendix C: TDR Bank Memo
Appendix D: TDR Supply and Demand
List of Tables
Table 2-1 RFMUD Sending Parcel and Acreage Totals by Area………………………………………………..……………….7
Table 2-2 RFMUD TDR Credits Processed of Pending Process……………………………………………………..…………..8
Table 2-3 Outstanding TDR Credits………………………………………………………………………………………………………….8
Table 3-1 RFMUD Development Characteristics…………………………………………………………………..………………..23
Table 3-2 Measuring the Mix in the RFMUD Village and RLSA Village…………………………………………………….27
List of Figures
Figure 1-1 RFMUD Sending and Receiving Areas……………………………………………………………………………………. 4
Figure 2-1 Transfer of Development Rights (TDR) Transactions Sending Parcels to Receiving Projects…....8
Figure 3-1 Sending, Neutral and Receiving Lands Recommendations Survey Results……………..……………..13
Figure 3-2 Committed Highway Projects for Construction by 2020………………………………………….…………….17
Figure 3-3 Freight Activity Centers………………………………………………………………………………………………………..19
Figure 3-4 Transportation Study Areas…………………………………………………………………………………………………. 20
Figure 3-5 Collier Well-Being Index………………………………………………………………………………………..…………….. 24
Rural Fringe Mixed-Use District White Paper
Section 1: Introduction
This White Paper provides a conceptual framework to address elements of the Rural Fringe
Mixed Use District (RFMUD) restudy. The RFMUD restudy is the first of four restudies focused
on eastern Collier County, as directed by the Board of County Commissioners (BCC) on February
10, 2015. Focus areas of all four restudies include complementary land uses, transportation and
mobility, environmental stewardship and economic vitality. As the restudies unfold,
relationships and synergies between the study areas are identified and maximized.
The Community Planning staff in the Zoning Division of the Growth Management Department
provides this document as a first point of direct contact with elected officials to describe the
history and status of the RFMUD (Section 2), the planning process , including outreach and
sources of data and analysis (Section 3), and findings and initial recommendations (Section 4).
This paper is supplemented by appendices of importance at this juncture, final quarter of FY
2016. Appendix A contains summaries of public workshops as well as communications from
stakeholders with their remarks subsequent to our distribution of a first draft of initial
recommendations on July 13, 2016. Appendix B contains a memo from a TDR consultant on the
provision of a County sponsored TDR Bank. Appendix C is the Phase 1 Feasibility Report for a
Mitigation Bank in North Belle Meade.
One reason to bring the RFMUD restudy forward in report form is to lay the groundwork of
information relating to the RFMUD, the Transfer of Development Rights (TDR) program and the
ideas and perceptions of its stakeholders. Another important reas on is that, given the
complexity of the elements within the RFMUD and TDR program, a conceptual approach should
be a preferred way to begin. Many elements or ideas for change are related to many other
program elements. Often, a change in one aspect of the program echoes in other program
elements. By considering the breadth and scope of potential changes together, a better
understanding of these interrelationships emerges. Put another way, it i s helpful in a program
of this complexity to move from more general concepts at first to more specific proposals later.
As understood by staff at the beginning of this restudy in 2015, the original goals of the
program should be maintained, deriving from the Final Order in 1999, through the assessment
period and adoption of elements and regulations from 2002 to 2004. These include:
Protect wetlands, wildlife and habitat from unrestrained growth
RFMUD White Paper BCC Workshop 01/03/2017 Page 1 of 62
Protect agricultural land from premature conversion to other uses
Direct growth potential to appropriate locations
Utilize creative land use planning techniques, including new towns, satellite
communities, clustering, mixed use and open space
Along with retention of the original goals and the geographic (Sending/Neutral/Receiving)
designations that were made, restudy goals also include:
Improve the TDR credit system
o Achieve proper balance of credits (optimize supply and demand)
o Incentivize preservation and stewardship
o Ensure reasonable demand for and availability of credits in Receiving areas
Identify agencies or entities for long term ownership and maintenance
Review and improve development uses, regulations and standards, based on:
o Community values
o Sustainability
o Economic development
o Consistency with area needs, other sub-area needs and County policies
Some of the coordination called for in the course of the restudy requires close collaboration
with other County Departments or outside agencies, often at the expense of a strict adoption
or implementation timetable. For example, planning for affordable hou sing, mobility,
watershed and infrastructure require knowledge and recognition of parallel efforts, each
moving along its own trajectory and timetable. Staff is mindful that interdepartmental and
intergovernmental coordination help yield the optimal result.
The RFMUD contains approximately 77,000 acres; lands designated RFMUD are not contiguous.
One of the interesting observations that emerged early on in the restudy is that there are
significant differences in the character and status of the four main Se nding areas and the four
main Receiving areas.
For consistency, we have labeled the RFMUD sub-areas as follows (see Figure 1-1):
Sending:
North
North Belle Meade- NRPA
North Belle Meade-West
South Belle Meade
Receiving:
North
RFMUD White Paper BCC Workshop 01/03/2017 Page 2 of 62
West
North Belle Meade
South
Note that the Findings and Initial Recommendations in Section 4 are conceptual and contain
changes that would be suitable for the Growth Management Plan (GMP), the Land
Development Code (LDC) or both. Following feedback and direction from White Paper
presentations, staff, with consultation from the County Attorney’s Office, will sort through the
appropriate regulatory locations for proposed program changes, and return with specific
amendment proposals for the Growth Management Plan first.
RFMUD White Paper BCC Workshop 01/03/2017 Page 3 of 62
IMMOKALEE RD COLLIER BLVDDAVIS BLVD
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RECEIVING
SENDING
NEUTRAL
North BelleMeade NRPANorth BelleMeade - West
South Belle Meade
North Sending
North Bel leMeade
South
North
West
Figure 1-1 RFMUD Sending and Receiving Areas
RFMUD White Paper BCC Workshop 01/03/2017 Page 4 of 62
Rural Fringe Mixed-Use District White Paper
Section 2: Background
In June 1999, the State of Florida Final Order, Case ACC-99-002, found the County’s Growth
Management Plan lacking in protection for environmentally sensitive areas, failing to
adequately discourage urban sprawl and failing to prevent the premature conversion of
agricultural land. The Final Order required the following modifications to the GMP to address
the issues within three specified areas.
1. Identify and propose measures to protect prime agricultural areas.
2. Direct incompatible uses away from wetlands and upland habitat in order to protect
water quality and quantity and maintain the natural water regime as well as to protect
listed animal species and their habitats.
3. Assess the growth potential of the Area by assessing the potential c onversion of rural
lands to other uses, in appropriate locations, while discouraging urban sprawl, directing
incompatible land uses away from critical habitat and encouraging development that
utilizes creative land use planning techniques including, but no t limited to, public and
private schools, urban villages, new towns, satellite communities, area -based
allocations, clustering and open space provisions and mixed use development.
In order to address these concerns, the County created the Rural Fringe Mixed Use District. The
Growth Management Plan was amended in 2002 to include the majority of today’s RFMUD
provisions and the basic structure of the TDR program. It was amended soon thereafter, to
include bonus TDR provisions and provisions incorporating an intervener agreement known as
the North Belle Meade Overlay. The implementing Land Development Code (LDC) provisions,
reflecting and implementing all of these GMP amendments were adopted in 2004. Only
miscellaneous amendments have been made since that time.
The RFMUD contains approximately 77,000 acres. It provides a transition between the Urban
and Estates Designated lands, between the Urban and Rural Lands Stewardship Area (RLSA),
and Conservation designated lands farther to the east.
The Rural Fringe Mixed Use District is separated into three specific areas, Sending Lands,
Neutral Lands, and Receiving Lands. Sending Lands are those lands that have the highest degree
of environmental value and sensitivity. These sending lands generally include significant
wetlands, uplands, and habitat for listed species. The uses within the Sending Lands are limited
RFMUD White Paper BCC Workshop 01/03/2017 Page 5 of 62
to a narrow list of permitted and conditional uses. The current regulations allow for the
maximum density of one (1) dwelling unit per 40 acres or, one (1) dwelling unit per lot or
parcel of less than 40 acres, which was recorded on or before June 22, 1999 (and non-
conforming lots <5 acres which existed as of October 15, 1974 or January 5, 1982, depending
upon location).
Receiving Lands are those lands within the Rural Fringe Mixed Use District that have been
identified as being most appropriate for development and to which residential development
units may be transferred from Sending Lands. These lands have a lesser degree of
environmental or listed species habitat value than areas designated as Sending and generally
have been disturbed through development, or previous or existing agricultural operations.
Within the Receiving Lands the base residential density allowable is one (1) unit per five (5)
gross acres (0.2 dwelling units per acre). The maximum (non-village) density achievable in
Receiving Lands through the TDR process is one (1) dwelling unit per acre, with a minimum
project size of 40 contiguous acres.
The RFMUD also allows Rural Villages in the Receiving areas. Rural Villages must be located
where public infrastructure exists or is planned, including direct access to an arterial or
collector roadway. With the creation a Rural Village, the sense of community and convenience
can be increased, emphasizing mixed use, social and civic interaction and walkability. However,
the current development standards for Rural Villages do not easily accommodate neighboring
communities and Districts.
Neutral Lands have been identified for limited semi-rural residential development. Assessment
data indicated that Neutral Lands have a higher ratio of native vegetation, and thus higher
habitat values, than lands designated as Receiving Lands, but these values do not approach
those of Sending Lands. Therefore, these lands are appropriate for limited development, if
such development is directed away from existing native vegetation and habitat. A lower
maximum gross density is prescribed for Neutral Lands when compared to Receiving Lands : 1
dwelling unit per 5 gross acres (0.2 units per acre).
The TDR program is a major component of the RFMUD, as it allows the transfer of development
units from Sending parcels to Receiving parcels. The Collier program is somewhat unique in its
structure, using a series of TDR credit types that can be sold and used for Receiving
development. From a 5 acre area, an Owner might achieve 4 TDRs: Base credit; Early Entry
credit; Restoration and Maintenance credit; and Conveyance credit.
RFMUD White Paper BCC Workshop 01/03/2017 Page 6 of 62
As noted in the Table 2.1, the RFMUD Sending land is comprised of thousands of parcels, mostly
5 and 10 acres in size. Sending Land acreage, although 40,973 in total, yields only 16,643
privately held acreage, capable of earning and selling TDR credits.
Table 2.1 RFMUD Sending Parcel and Acreage Totals by Area
Sending Area # of
Parcels
# of Owners Acres
South Belle Meade 353 227 5,905
North Belle Meade -NRPA 760 340 6,451
North Belle Meade-West 373 271 3,074
North 60 45 1,213
Private Owned Total 1,546 883 16,643
Government Owned 606 1 24,330
Private and Government Owned Total 2,152 884 40,973
Source: GIS rev. March 2016
Note: Government owned parcels stated separately; purchase or prior TDR Conveyance
The program set a minimum price point for the Base TDRs at $25,000. The Early Entry
expiration date was extended several times over the years, most recently to 2019. Although the
concept of “conveyance TDRs” was intended to boost the number of TDR credits and transfer
the property ownership into government hands, no governmental agency has been willing to
accept Sending lands in North Belle Meade, or in Section 11 (T 48S; R 26 E) in the North Sending
area.
Despite these issues and the intervening economic downturn, there have been TDR transfers
and redemptions in both the West Receiving area and in the Urban Residential Fringe. To date,
several developments have used the cluster residential development option in the form of
gated communities. In the RFMUD, non-village density is capped at 1 unit per acre and includes
the communities of Twin Eagles South, Lamorada, Mockingbird Crossing, and the Golf Club of
the Everglades.
In the Urban Fringe, densities are generally capped at 2.5 units per acre and include entitled
communities such as Naples Reserve, Hacienda Lakes, Lords Way, San Marino, Lido Isles and
Rockledge. These developments have an approved total of 6,786 units; the majority of units are
detached single family.
As shown in Table 2-2, approximately 3,953 TDR credits have been processed. These TDR
credits were generated from approximately 6,532 acres.
RFMUD White Paper BCC Workshop 01/03/2017 Page 7 of 62
Table 2-2 RFMUD TDR Credits Processed or Pending Process
TDRs
Base Credits Processed 1,326.10
Early Entry Bonus Credits Processed 1,326.10
R&M Bonus TDR Credits Processed 905.32
Conveyance Bonus Credits Processed 395.82
TDRs Pending Process 658.40
Total 4,611.74
As shown in Table 2-3, under the current system, approximately 10,947 TDRs remain to be
processed. These TDR credits are associated with approximately 16,363 acres of Sending Land.
The theoretical credits under the present system both processed and outstanding, total
approximately 15,558. Of this total, approximately 25% have been issued.
Table 2-3 Outstanding TDR Credits
Outstanding TDR Credits
Base TDR Credits 2,403.67
Early Entry Bonus TDR Credits 2,403.67
R&M Bonus TDR Credits 2,804.67
Conveyance Bonus Credits 3,335.02
Total 10,947.03
To date, approximately 2,129 TDRs have been redeemed to support the increased density
found in the Receiving area development projects. These transactions between Sending Lands
and Receiving Lands are shown on Figure 2-1.
Given the activity that has occurred to date, the greatest development potential in Receiving
Lands will be the North, North Belle Meade and South Receiving areas, where the majority of
the changes adopted as part of the RFMUD restudy will occur.
Based on the difficulty for Sending owners to generate the restoration and maintenance cr edit,
or the conveyance credit, TDR supply under the current system is estimated to be far less than
shown in Table 2-3. Staff’s assessment estimates a more realistic credit supply of approximately
5,500 TDRs. The demand assessment prepared by staff assumes one village each in the North
Receiving area, the North Belle Meade Receiving area, and the South receiving area, along with
about 60 percent of the remaining vacant proper ty using the cluster provisions. This scenario
would require approximately 13,443 TDR credits. This significant difference between the TDR
supply and likely demand demonstrates an imbalance in the program.
RFMUD White Paper BCC Workshop 01/03/2017 Page 8 of 62
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SENDING PARCELS*
The Lords Way(1,100 ac, 193 credits)
Quarry(64 ac, 18 credits)
Twin Eagles(2,542 ac, 1,271 credits)
Mockingbird Crossing(397 ac, 95 credits)
Lamorada(538 ac, 213 credits)
Golf Club of the Everglades(14 ac, 44 credits)
Hacienda Lakes(252 ac, 113 credits)
Heritage Bay(84 ac, 33 credits)
Naples Reserve(204 ac, 40 credits)
* Credits shown are only those redeemed as of Jan. 2016, and do not necessarily represent all credits generated or needed for project buildout.
RFMUD White Paper BCC Workshop 01/03/2017 Page 9 of 62
Rural Fringe Mixed-Use District White Paper
Section 3: The Planning Process
In early 2015, the Board of County Commissioners (BCC) directed staff to initiate a restudy of
the Rural Fringe Mixed-Use District (RFMUD), along with three other master plans east of
County Road 951: Golden Gate Area Master Plan (GGAMP); Rural Land Stewardship Area
(RLSA); and the Immokalee Area Master Plan (IAMP).
To support the RFMUD planning effort, the BCC initiated the public participation process
through the adoption Resolution 2015-111 establishing a 7 member Growth Management
Oversight Committee (GMOC). The functions, powers, and duties of the GMOC are to aid and
assist the public participation phase of the regulatory review. This includes:
1. Assist in determining the most effective venues and dates to hold the public
presentations:
2. Assist in composing the information materials to be presented to the public at
community meeting at various locations throughout the study area .
3. Assist in determining the agendas for public meetings;
4. Assist in providing consistency between the planning efforts.
In reviewing proposals for program change, the GMOC scope will be “high level and non -
granular, emphasizing consistency, sustainability and economic vitality.”
The GMOC set their schedule to meet quarterly throughout the restudies planning timeframe.
They met three times through June, 2016 providing input to staff on community outreach
schedule and presentation materials. With the guidance of the GMOC, this restudy process was
a focused, stakeholder effort. All interested parties were encouraged to participate in public
workshops, on-line surveys and in direct communication with staff.
Public Outreach
To engage landowner participation in the RFMUD restudy, letters were mailed to over 800
RFMUD property owners informing them of the restudy and the public workshop schedule. A
total of six public workshops were held from January, 2016 through May, 2016. A summary of
each meeting is attached as Appendix A, Public Outreach Summary.
The first three public workshops were held during evening hours at the IFAS Center and focused
on the RFMUD Sending Lands. Fifty to sixty people attended each workshop. During the first
workshop there was strong sentiment among Sending Land owners that the program should
RFMUD White Paper BCC Workshop 01/03/2017 Page 10 of 62
not have been devised in the way it was; many thought that the RFMUD governing provisions
should be abandoned altogether. Through the public workshop process, some came to
understand that the program was created as a result of litigation and the State’s Final Order;
that the program has been in place for over ten years; that TDR credits have been redeemed
and converted to density; and that the County needs to move forward and not back. The public
workshops for the Sending Lands focused on the important issues to the landowners including
improving the economic viability of the program, promoting smarter development patterns and
protecting natural resources. Staff continuously encouraged owner input on how to improve
the program. Several techniques were used for this outreach: public presentations; comment
cards; breakout group exercises; on-line surveys; telephone calls; and individual meetings. The
public was encouraged to explore resources on the website, including a library of materials and
video-taped meetings.
The first public meeting was introductory in nature. Staff summarized the history and current
status of the RFMUD and the TDR program. Participants were encouraged to express opinions
on the rules adopted over a decade earlier, and staff outlined the anticipated progression of the
study and the public involvement phase going forward. The meeting summary can be found in
Appendix A, Public Workshop #1.
The second public workshop focused on issues related to the Sending Lands in North Belle
Meade. A panel of local experts was seated to discuss possible solutions for the Sending Lands
long-term ownership and maintenance. The full discussion, questions and responses are found
in Appendix A, Public Workshop #2.
The third and final public workshop focusing on Sending Lands topics included two majo r
components. First, staff provided an overview of the economic considerations involved in TDR
transfers; and second, a list of changes suggested by the public was vetted using breakout
group approach. Each group discussed the potential changes, ranked their agreement and
reported back to the entire group. The full discussion, questions and responses are found in
Appendix A, Public Workshop #3.
In summary, through the public workshop process, Sending Land participants agreed upon the
following:
Add TDR credits to all sending lands regardless of location or attributes, such as higher
natural resource values or watershed improvement potential.
Eliminate the $25,000 minimum price for a base TDR credit.
Allow TDR Credits to be used outside of the RFMUD, but agreement to where to use the
credits was not defined.
Reduce or eliminate TDR application fees.
RFMUD White Paper BCC Workshop 01/03/2017 Page 11 of 62
County staff should offer free workshop assistance to complete TDR application process.
Improve the link between buyers and sellers through an improved listing or a TDR bank.
Create a TDR bank.
Allow TDR credits for agriculture preservation.
Allow additional family home if agricultural land owner has over 20 acres.
Collier County should be managing entity of Sending Lands.
Long term maintenance cost should be paid for by a County mitigation program.
Following the Sending Lands workshops, staff focused on the Neutral and Receiving Lands.
Approximately sixty residents attended the workshops, of which about half had not attended
the Sending Lands workshops. Staff presented the future development potential allowed under
the current program, including vacant land, allowed land uses, density and intensity. Break out
groups were invited to provide feedback on several key questions including: specific issues and
concerns about future development; improvements or changes for the Receiving Lands; what is
liked best about the Receiving Lands; and opinions about the Neutral Lands. All responses to
the questions are included in Append ix A, Public Workshop #4. Members of Collier County’s
consultant team, AECOM, wrapped up this workshop with a primer on different kinds of
development models with a focus on sustainability. This presentation was well received by
participants with many asking for copies of the PowerPoint slides.
The fifth workshop built on the previous workshop discussion of development potential and
patterns. Participants were invited to vision future development through a “framework
mapping” exercise. Two of the RFMUD Receiving areas were used as examples for participants.
The exercise allowed participants to experience how these areas might be planned by
identifying destinations, development areas, street networks and green infrastructure. The
results demonstrated the values expressed in previous workshops: more village mixed-use
development and less single-use gated community development. The mapping exercises are
included in Appendix A, Public Workshop #5.
The final workshop provided a forum for residents and stakeholders to review ideas provided
by the public through previous workshops, surveys, and correspondence, which were
incorporated into the staff’s initial recommendations. Each initial recommendation was
presented and discussed. Participants were then asked to rank each one from strongly disagree
to strongly agree. The survey results are shown in Figure 3-1.
In conclusion, the public workshops were dynamic and well attended. Participants were fully
engaged in identifying issues, concerns and potential solutions. Many of the initial
recommendations included in this white paper stemmed from public input. The survey results
RFMUD White Paper BCC Workshop 01/03/2017 Page 12 of 62
Sending and Neutral Lands Recommendations Survey Results
26-May, 2016
0%20%40%60%80%100%
Additional credits should be provided to balance the anticipated
demand from Receiving Areas. Sending Land owners, if they
participate, should benefit from additional credits.
Additional credits should not favor one Sending Land location over
another.
Additional credits should be provided to those who entered the
program early.
TDRs should be awarded also for owners who commit to keeping their
land in agricultural production
Eliminate minimum pricing on Base TDRs.
Improve the Buyer/Seller registries.
Reduce cost and complexity of applications.
Create a County-sponsored TDR bank that can buy credits from
Sending Lands owners
The County should accept land that owners wish to donate, if no
other agency is willing.
The County should finance maintenance of donated Sending Land
through a mitigation bank, if feasible.
If a mitigation bank is not a feasible funding source, require a
donation to the County with the land, equivalent to all or a portion of
any additional TDRs issued.
Allow a second dwelling unit to dedicated farming operations of at
least 20 acres.
Study recreational uses that could be compatible on donated lands
that go beyond "passive recreation."
Eliminate the use of TDRs in urban areas if they come from RFMUD
Sending Lands.
Extend the same advantages to Neutral Land owners who want to
commit to agricultural uses by offering TDRs.
Reward Neutral Land owners with TDRs for preserving habitat or
native vegetation under a conservation easement.
Strongly Disagree Disagree Neutral Agree Strongly Agree
RFMUD White Paper BCC Workshop 01/03/2017 Page 13 of 62
Receiving Lands Recommendations Survey Results
26-May, 2016
0%10%20%30%40%50%60%70%80%90%100%
Allow business park stand-alone uses to increase employment
opportunities in research technology and other targeted
businesses.
Revise village rules to allow larger commercial and employment
areas.
Increase density allowed in rural villages to 4 units per gross acre
(TDRs required)
Increase density allowd in non-village development to 2 units per
acre (TDRs required) and remove 40-acre minimum size
Analyze arterial roadway capacity issues.
Enhance requirements for greater project connectivity.
Consider roadway design standards that promote low speed and
safety.
Add requirements for transit stops in large developments,
business parks or villages.
Allow TDRs in Receiving Areas for protection of native
vegetation/habitat or agriculture.
Reward projects that advance the greater public interest
(examples: greenway connections, flowway connections).
Incentivize mixed-use developments by studying potential impact
fees for mixed-use.
Use overlays or optional design standards that promote greater
certainty in review process.
Developments complying with zoning overlays should get
approval through simple BCC majority or Hearing Examiner
process.
Hearing Examiner can approve individual deviations.
Hearing Examiner can approve business park proposals.
Modify the TDR requirements to 0.5 credit for multi-family units
and 0 credit for target industry/business park uses
Currently no provisions for stand-alone commercial. Propose
design guidelines (no strip) and use of TDR credits (ex, 1 credit
per 6,000 SF).
Additional incentives for innovative green designs, such as solar
power, zero net water, aquifer storage and recovery sites, etc.
Strongly Disagree Disagree Neutral Agree Strongly Agree
RFMUD White Paper BCC Workshop 01/03/2017 Page 14 of 62
show, through the public outreach process, that consensus was reached on the initial
recommendations put forward in the final workshop.
In addition to public workshops, public outreach incl uded numerous interviews, meetings and
telephone calls with citizens, agency representatives, stakeholders and media. In fact, prior to
public workshops, at least 15 one on one interviews were conducted to obtain factual
information and initial opinion. Ultimately, staff met 3 times with the Rural Fringe Coalition
(development group), and twice with representatives from Conservancy, Florida Wildlife
Federation, Greater Naples Chamber of Commerce and Collier Citizens Council. Necessarily,
horizontal communication within the County Managers agency was frequent.
Data Analysis
Staff was directed to address four major topic areas through this planning effort:
1) Environment;
2) Land Use;
3) Transportation and Mobility; and
4) Economic Vitality.
Through the first several months of the planning process, staff gathered and analyzed data
relative to the major topics from several sources with the intent to understand and coordinate
major planning efforts, recent or on-going, in the County including, but not limited to:
Current RFMUD Comprehensive Plan and Land Development Code sections
The Master Mobility Plan (2012)
MPO Long Range Transportation Plan (2015)
TDR Activity Log and Comprehensive Planning data (2016)
East of CR 951 Final Report (2008)
Collier Interactive Growth Model (2008)
Picayune Restoration Plan (2008)
Watershed Management Plan (2011)
North Golden Gate Estates Flowway Restoration Study (2013)
Utility Master Plans (2008, 2015)
Towards Better Places: Collier County Community Character Plan (2001)
Wellfield Protection Zones; Aquifer Recharge Areas
Greater Naples Chamber of Commerce “Opportunity Naples” (2014)
Current national planning studies
During the past decade, many studies and efforts have addressed Collier County’s environment,
transportation, land use, and economic vitality. Many of the recommendations found in
previous studies relate to and can be implemented in the RFMUD. National planning studies,
RFMUD White Paper BCC Workshop 01/03/2017 Page 15 of 62
like those conducted in Collier County, continue to focus on implementing planning policy
toward sustainability, smart growth and multi-modal principles.
Environment
The seminal documents relating to environmental issues are the very subject of this restudy:
the Growth Management Plan RFMUD provisions and related LDC provisions. The RFMUD, as
indicated in Section 2, Background, was designed following challenges to the County’s existing
and proposed plans for eastern Collier County, and was necessitated due to State action.
Specifically with respect to Sending Lands downzoning and TDR incentives, environmental goals
were intended to fulfill the directives of the Final Order: “Direct incompatible uses away from
wetlands and upland habitat in order to protect water quality and quantity and maintain the
natural water regime as well as to protect listed animal and plant species and their habitats.”
The core RFMUD provisions, now nearly 15 years old, are a major area of focus in this restudy.
In 2015 and 2016, Collier’s RFMUD regulations were vetted through public meetings with
residents and stakeholders, as described above. Feedback from staff and public resulted in the
need to bring quantitative and technical analysis to bear on environmental issues.
As watershed planning is one of the major components of environmental restora tion in Sending
Lands, the County’s Watershed Management Plan (2011) emerges as a key source of data and
analysis for environmental aspects of the RFMUD. In turn, that plan resulted in the
appointment of the Golden Gate Watershed Improvement Plan (GGWIP) Technical Ad Hoc
Advisory Committee and its successor, the current Comprehensive Watershed Management
Plan (CWIP) Technical Ad Hoc Advisory Committee. RFMUD restudy staff has attended and
participated in those committee meetings since September, 2015.
There are many important issues centric to both RFMUD regulations and watershed
improvement programs. For example, the RESTORE grant funding initiative presents a specific
opportunity to balance water surplus and water deficits within the watersheds in RFMUD a nd
Golden Gate Estates planning areas; staff has attended and participated in numerous meetings
with Project Managers, state and federal agency officials and consultants. The RESTORE
initiative informs priorities and coordination of effort within RFMUD Sen ding areas.
In order to further incentivize TDR program participation and at the same time recommend
sustainable long-term management and protection of environmentally important Sending
Lands, a Phase 1 North Belle Meade Mitigation Bank Feasibility Study was commissioned. If
feasible, adoption of a ROMA or similar program could allow a means for County ownership
with long term funding that could favor transportation budgeting, and incentivize Sending
owner participation.
RFMUD White Paper BCC Workshop 01/03/2017 Page 16 of 62
Collier County has had success in the past in mitigating its own impacts. The Caracara Prairie
Preserve Conservation Bank (and successor Trust Fund) saved the County $346,100 (26%) in
Panther Habitat Unit (PHU) costs, as compared to a private mitigation bank, in permitting its
Resource Recovery Business Park in 2014. A discussion of the North Belle Meade mitigation
bank concept is included in Section 4 and the Phase 1 Report is attached as Appendix B. Staff
will look to the BCC for direction in carrying this study forward to its next phase .
Related to all aspects of the major topic areas is the ongoing economic modelling that
addresses the balance of credits from Sending Lands to Receiving Lands. Scenario modelling is
applied to assure appropriate credit supply and demand so that additional credits can
incentivize Sending participation and allow adequate credit resourcing for future development.
It is understood by our consultant that additional credits will be recommended, but that the
number of credits and their distribution rely on a myri ad of factors, making scenario modelling
an important tool in restudy data and analysis. These scenarios will become a part of the CCPC
and BCC presentations and will ultimately help answer the quantitative question regarding
additional credits within the system.
Finally, additional consultation is underway with respect to TDR banks. TDR bank analysis will
provide the pros and cons of entering into a banking system for the purpose of assuring
confidence and liquidity in the TDR transfer system. The first deliverable is attached as
Appendix C. The concepts are further discussed in this paper in Section 4, (C.3).
Transportation
Every day more than 116,000 auto work trips are completed within Collier County. Many of
these trips are generated in eastern Collier County as residents make the commute to jobs in
the coastal area.
The Collier 2040 Long Range Transportation Plan (LRTP) is Collier County’s guiding
transportation document. The purpose of the LRTP is to assist Collier County in cultivating its
transportation vision through the next 20 years. It identifies needed improvements to the
network, and provides a long-term investment framework that addresses current and future
transportation challenges.
LRTP goals are:
Ensure the Security of Transportation System for Users
Protect Environmental Resources
Improve System Continuity and Connectivity
Reduce Roadway Congestion
Promote Freight Movement
RFMUD White Paper BCC Workshop 01/03/2017 Page 17 of 62
Increase the Safety of the Transportation System for Users
Promote Multi-modal Solutions
Promote the Integrated Planning of Transportation and Land Use
The LRTP stresses, the key to enhancing mobility for users of the transportation system is to
improve connectivity and continuity through the system, and especially across all modes. The
MPO recognized the importance of prioritizing projects that enhance connectivity by including
system continuity and connectivity as two of the several project selection criteria. Connectivity
and continuity are also important for bicycle, pedestrian and transit modes. Users of the transit
system rely on bicycle, pedestrian or park-and-ride facilities in order to “make the connection.”
Connectivity and system continuity is about advancing an interconnected multi-modal
transportation system. The LRTP committed highway projects for construction by 2020 are
nearly all located in eastern Collier County, and several are wit hin Receiving Lands (Figure 3-2).
Figure 3-2 Committed Highway Projects for Construction by 2020
RFMUD White Paper BCC Workshop 01/03/2017 Page 18 of 62
Freight Activity Centers (FACs) and Network are also identified in the LRTP. The growing
importance of freight movement has been reflected in the latest federal transportation
authorizing legislation, MAP-21. Recognizing the contribution that the movement of freight
makes to the State’s economy, the Florida Department of Transportation (FDOT) created the
Office of Freight Logistics and Passenger Operations to establish policies and plans investments
that enhance Florida’s economic development efforts. As a result, special attention was given
to freight movement and is reflected in the needs assessment. These FACs contribute to the
economic well-being of Collier County. As shown on Figure 3-3, two Receiving Areas, which
include significant mining and agricultural operations, are designated as secondary freight
activity centers numbers 6 and 8.
Figure 3-3 Freight Activity Centers
The LRTP also identifies future study areas to further define and clarify the scope of
improvements needed in the area. Three study areas were identified, and one serves the
RFMUD. The Green Boulevard Extension/North Belle Meade Study Area extends eastward from
CR-951 to surround the North Belle Meade Area from Golden Gate Estates to I-75 and eastward
RFMUD White Paper BCC Workshop 01/03/2017 Page 19 of 62
to Everglades Boulevard. The purpose of the study is to define future collector road network in
this area. A number of corridors that would enhance circulation throughout the area have been
identified, as illustrated on Figure 3-4. The study effort would determine the feasibility and
preferred alignment for the identified corridors or alternative s that may be developed during
the course of the study.
Figure 3-4 Transportation Study Areas
Additionally, in the North Belle Meade Receiving area, following the recommendations of the
East of 951 Bridge Study, Collier County has programmed several bridges. Two bridges within
the North Belle Meade Receiving Area are identified for construction.
Bicycle, pedestrian and transit needs are identified within the LRTP, however these are specific
to existing network infrastructure. Planning for multi-modal needs within the RFMUD will be
guided by the Receiving Area development standards, along with the Collier County Master
Mobility Plan (MMP).
A major effort in understanding Collier County’s mobility was the Master Mobility Plan (2011).
The MMP considered six planning sub-areas, including the RFMUD. The MMP developed a
long-term vision to aid in planning for the county’s mobility, land use, and infrastructure needs
RFMUD White Paper BCC Workshop 01/03/2017 Page 20 of 62
at population buildout. The primary goal of the MMP is to reduce greenhouse gas emissions
and traffic demands specifically by reducing Vehicle Miles Traveled and Vehicle Hours Traveled
while at the same time protecting habitats, environmentally sensitive lands and agriculture.
The Board of County Commissioners on January 24, 2012, reviewed and accepted the MMP
strategies developed in cooperation with the Collier County Planning Commission through an
enhanced public involvement process. Related to the RFMUD, the MMP recommends a new
multi-modal Mobility Analysis, done at the time of development application, to create the
needed linkage between land use and transportation policy.
A Mobility Analysis would expand the current methodology found in a Transportation Impact
Statement (TIS) by addressing not only the automobile, but also i ncluding analysis of transit,
bicycle and pedestrian mobility. Components of a Mobility Analysis measure the reduction in
number or length of external automobile trips.
Mobility Analysis Components
Mixed Use Trip Generation Model (or similar technique) to calculate external trips
(internal capture), external walk trips, external transit trips, etc.
For single-use development, a demonstration of what VMT-reduction
strategies/techniques are to be used
An analysis of current and proposed transit access
An analysis of local street connectivity
An analysis of non-motorized travel suitability
Further addressing the need for a multi-modal network, in 2014, the Florida Department of
Transportation adopted a Complete Streets policy. The goal is to implement policy that
promotes safety, quality of life, and economic development. FDOT specifically recognized that
Complete Streets are context-sensitive and requires design that considers local land
development patterns and built form.
The overall intent of a Complete Streets policy is to provide safe access for all road users—
pedestrians, cyclists, public transit users, and motorists—of all ages and abilities. Although
design features vary based on local context, basic elements should include wide sidewalks, well-
marked or raised crosswalks, traffic calming measures, protected bike lanes, and pedestrian
safety islands. Complete Streets can help reduce costs and improve health by significantly
reducing crash rates, injuries, and fatalities.
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Congested transportation networks are generally caused by low density, single -use
development with sparse connectivity and the majority of users on the network during the
same peak hours. Collier County’s transportation planning efforts and FDOT are in agreement-
to enhance mobility it is critical to plan for a multi-modal system that serves all users of all ages,
is interconnected, and with continuity.
Transportation planning efforts have identified several efforts within the RFMUD inc luding new
corridors, bridges, FAC designations, and areas for further study. This signifies considerable
attention is being given to the transportation network surrounding the RFMUD.
Land Use
Growth is sustainable when it diversifies our economy, provides a more affordable lifestyle
through housing and transportation choices, fosters design that encourages social, civic, and
physical activity, and preserves a thriving natural environment and agriculture lands. The
RFMUD land use policies support guiding sustainable principles, but as identified through the
public outreach process and this restudy, there is room for improvement.
There are three land use designations in the RFMUD; Sending, Receiving, and Neutral. The
overall goal of the program is to protect the natural resources within Sending Lands by directing
future growth to the Receiving Lands. Upon the full realization of the program, the Sending
Lands will remain substantially undeveloped, supporting quality habitat for listed species and
functioning to improve the watershed and quality of surrounding estuaries and bays. Neutral
Lands will remain low density as large estates lots able to support some agriculture uses, open
space and habitat. Receiving Lands, determined to be those most suitable to accommodate
future growth, will be developed.
The current RFMUD development standards, summarized in Table 3-1, allows for three
development options: 1) base rights development; 2) clustering; and 3) mixed-use village.
To date, several developments have occurred in the western Receiving area. Each of these
developments, Golf Club of the Everglades, Mockingbird Crossings, Lamarado, Heritage Bay and
Twin Eagle used the clustering option with 1 unit per acre. These developments are marketed
as “active adult communities” or “private gated communities.” Each development is generally
single-family residential, was planned independently of the other, and has little or no
connection to neighboring development.
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Table 3-1 RFMUD Development Characteristics
Typical
Characteristics
RFMUD Base
Rights
RFMUD
Clustering
RFMUD Village
Size Minimum 5 acres Minimum 40 acres 300-2,500 acres
Residential Gross
Density
1 unit per 5 acres 1 unit per acre Minimum 2 Maximum 3
units per acre
Land Use* Ag
SF and MF
Staff housing
Family Care
Facilities
Farm labor
housing
Sporting and
Recreation
camps
Essential
Services
Golf Courses
Ag
SF and MF
Staff housing
Family Care
Facilities
Farm labor
housing
Sporting and
Recreation
camps
Essential
Services
Golf Courses
Diversity of SF and
MF with a
minimum of 2
neighborhoods
Neighborhood
Center max 10
acres, 8,500 SF
leasable floor
area/ac
Village Center max
10% total village
area, 10,000 SF
leasable floor
area/ac
Research &
Technology park
max 4% total village
acreage
Civic and public
parks min 10%
total village
acreage
Recreation and
Open Space
N/A Min 70% of gross
acres
40% open space
Green belt 300’
average width
Transportation N/A N/A Formal grid design
Pedestrian paths
and bikeways for
access and
connectivity
*Bold denotes required
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During the public workshops, participants stated they prefer that the RFMUD develop with
more mixed-use development and less gated communities as has been occurring in the RFMUD.
Towards Better Places, The Community Character Plan for Collier County, Florida (2001) states,
“creating new neighborhoods with interconnectivity and greater density is the only way to
avoid the worst-case scenario presented by the sprawl approach. New neighborhoods should
be based on a sound pattern of streets and lots. A wider variety of housing choices should be
made available by reintroducing traditional neighborhood concepts as an alternative to balance
the many gated subdivisions that have been built over the past 20 years.”
The body of national research on negative impacts of sprawl continues to grow. Studies have
expanded beyond the interest of transportation and land use professionals to the Community
Health Departments across the nation. A growing body of research indicates mixed-use,
appropriate placement of buildings, easy-to-reach parks, multi-modal transportation have an
extraordinary impact on community health. “One of the strongest health/land use correlations
is between obesity and the automobile: one California study showed each additional hour spent
in a car per day is associated with a 6 percent increase in body weight, whereas every kilometer
(0.6miles) walked each day is associated with a 5 percent decrease, according to a study in
British Columbia.”1
This correlates with the local Blue
Zones well-being assessment of
Collier County where the lowest
well-being indicators were found in
areas east of CR-951 surrounding
the RFMUD including, Golden Gate
Estates, areas of low density and
longer commutes (Figure 3-5).
The Urban Land Institute, (ULI) has
been using health studies to
promote healthy communities
through design. Physical design
affects human behavior at all
scales—buildings, neighborhoods, communities, and regions. The places in which we live, work,
and play can affect both our mental and physical well-being. Our built environment offers both
opportunities for and barriers to improving public health and increasing active living.1
Figure 3-5 Collier Well-Being Index
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The Florida Department of Health in Collier County is also advocating healthy communities
principles, striving to educate the community on the link between health and the built
environment. They are working to promote community design that will increase active living
and healthy lifestyles by advocating for a network of connected b ike and pedestrian pathways,
accessible transit and places where people can age in place.
In ULI’s Ten Principles for Building Healthy Places, they advocate “All comprehensive plans
should incorporate health. It provides the opportunity to make explicit the connection between
development and health, to elevate health among planning considerations, and to lay the
groundwork for a healthy community for generations to come. A tool to use as a guide to
measuring health impacts is the health impact assessment (HIA). An HIA helps evaluate the
potential health effects of a plan, project, or policy before it is built or implemented. HIAs bring
potential public health impacts and considerations to the decision-making process for plans,
projects, and policies that fall outside the traditional public health arenas, such as
transportation and land use. It is a “health lens” that can help increase positive health
outcomes and minimize adverse health outcomes. San Francisco has been an early adopter of
HIAs, using the tool on diverse projects, such as neighborhood plans, affordable housing, and
highway projects. The development community, local government, or both in cooperation can
develop HIAs. This guidance helps communities make informed choices about improving public
health through community design.” Collier County may consider the HIA as an option in
measuring the effectiveness of developments increasing positive health outcomes.
Mixed-use development has dimensions beyond land use. Healthy places are also found to
provide for mix incomes, generations, and housing type. This relates directly to affordable
housing. The RFMUD currently requires approximately 10 percent of residential units in villages
to be affordable. The issue of the need for affordable housing withi n the RFMUD was clearly
stated in Mr. William Poteet’s letter to staff dated June 6, 2016, “The future Rural Fringe plans
must include specific opportunities for affordable housing for our entire workforce, not just first
time responders or those classified as “work force housing.” Affordable housing must include a
mix of apartments, multi-family and possibly single family opportunities.” While, Collier
County’s current comprehensive affordable housing study may provide greater guidance on
principles to include in the RFMUD, the program can be improved through this process through
greater density and removing the TDR credits currently required for affordable housing.
To meet the public’s ideals of more mixed-use villages, the RFMUD should incentivize mixed-
use development and villages using a variety of tools to entice desired mixes and densities.
Incentives that are currently used include higher density, more intense uses, and bonus TDRs,
however these incentives have not yet produced a village within the RFMUD. Current density
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for a village is now limited to 3 units per acre. Density is arguably the most powerful tool
controlled by Collier County to create a more sustainable development. Density that is well
designed and assembled makes transit and retail more viable, and supports more services close
to homes. Studies agree, density needed to support viable transit is 7 units per acre.2 Higher
densities also make walkability possible, and great design makes it enjoyable. Density
necessarily requires a high
percentage of multifamily
homes in a neighborhood
thereby providing a greater
range of residential units,
increasing affordable
housing opportunities. For
example, the image from the
Lincoln Institute of Land
Policy, Visualizing Density,
shows a new project in
Huntersville, NC. This new
neighborhood is 6.3 units
per acre and will offer a
robust mix of residential units.
Well-designed density is vital to a strong economic foundation in any neighborhood as it brings
a critical mass of local employees and customers to support a variety of community
needs. Increasing density in the RFMUD was well supported through the public outreach
process. By strategically increasing the number of dwelling units per acre, Collier County will go
a long way toward meeting the sustainable housing and transportation objectives within the
RFMUD.
In addition to higher density, incentives being used in other areas include a mixed-use impact
fee index. The County’s transportation impact fee consultants from Tindall Oliver shared with
staff that this type of impact fee has been found to encourage mixed -use by lowering overall
project impact fees by 10 to 30 percent.
The measure for mixed-use villages is found to be different in Collier County’s eastern lands.
The RFMUD and the Rural Lands Stewardship Area (RLSA) have different standards for
measuring the mix. Table 3-2 shows the RFMUD establishes guidance for maximum village
center and leasable square feet, and a minimum size for civic and public parks. The RLSA
measures the mix of uses with direct correlation of residential unit, such as goods and services
minimum 25 square feet per residential unit. Another difference between the RFMUD and the
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RLSA is allowed development patterns. The RLSA policies provide only for the village or town
option, with the exception of a small 40 acre hamlet. The RFMUD has no such requirem ent so
single-use, residential development can consume 40 acres or 4,000 acres. The RFMUD
guidelines for measuring mixed-use and village size could be improved by bringing consistency
between the standards found in these two TDR plans.
Table 3-2: Measuring the Mix in the RFMUD Village and RLSA Village
Typical
Characteristics
RFMUD Village RLSA Village
Size 300-2,500 acres 100-1,000 acres
Density 2-3 UPA 1-4 UPA
Land Use*
Diversity of SF and MF with a
minimum of 2 neighborhoods
Neighborhood Center max 10 acres,
8,500 SF leasable floor area/ac
Village Center max 10% total village
area, 10,000 SF leasable floor
area/ac
Research & Technology park max 4%
total village acreage
Civic and public parks min 10% total
village acreage
Diversity of SF and MF
Goods and Services Minimum 25
SF/DU. Max FAR .5
Civic/Institutional Min 10 SF/DU
Max FAR .6
Group Housing FAR .45
Lodging 26 UPA net
*bold is required
The village option, over the sprawl option, will be far more beneficial to Collier County,
including Golden Gate Estates. Villages will increase tax revenue, support jobs, goods and
services needed in eastern Collier County, and reduce commute times for some now traveling
to the coastal area. Research shows, “mixed-use, walkable downtown developments generate
ten times as much tax revenue per acre, save almost 40 percent on up front infrastructure
costs, and result in about 10 percent lower costs for service delivery than sprawl development .3
Economic Vitality
Achieving prosperity in eastern Collier County challenges consideration for land use and
transportation strategies to balance environmental, social and economic interests. Guidance
for the RFMUD is found in Opportunity Naples (2014), an economic development strategy that
will advance economic opportunity for all residents of Greater Naples. The process for
Opportunity Naples leveraged the thoughts and opinions of Greater Naples residents and
leaders. Public input and stakeholder perspectives, along with a thorough analysis of the Collier
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County’s competitive position, directly informed the process. Several identified challenges can
be directly related to the RFMUD:
Workforce growth trends;
Site availability; and
Impact fees.
Opportunity Naples found, “growth trends in Collier County’s age dynamics risk the future
sustainability of the local workforce. Collier County’s 25 to 44 year old population is
proportionally smaller than every comparison area except Sarasota County, as is Collier’s
percentage of 0 to 19 year old residents. Without an influx of younger workers migrating to the
County or a spike in birth rates, Greater Naples could face a significant shortfall of replacement
workers for future retirees. Likewise there will be an occupational shortage in Collier County if
qualified workers aged 24 to 44 are not recruited to the area to replace retirees .”
This age group, and most specifically the millennials, is one of the most sought-after market
segments. So how can Collier County’s RFMUD land use policy support the attraction and
retention of this demographic? Study after study shows millennials are increasingly choosing
vibrant, healthy, walkable communities and rejecting the automobile-centric land use patterns
of the generations before them. Further supporting mixed-use and integrating health into
planning and development policy can become an economic development strategy—a tool to
attract a skilled workforce and to build a sustainable economic base. Incentivizing mixed-use,
healthy communities within the RFMUD is critical to attract the workforce needed to diversify
and sustain eastern Collier County’s economy.
A mixed-use, healthy community can provide economic advantage by appealing to millennials
who, as a generation, place more value on active lifestyles. In fact, The Rockefeller Foundation
and Transportation for America commissioned a survey in 2014, through which 80 percent of
millennials reported that they wanted to live in a walkable neighborhoods.4 Similarly, a 2011
AARP survey found that the vast majority of seniors want to live within a half mile of common
daily goods and services such a grocery stores, drug stores and doctor’s offices.5 Developers can
create enduring value by meeting these demands.
Mixed-use places will gain a competitive advantage, using healthy community design as a way
to attract investment in the community, foster growth, and increase revenues. This point of
view is backed up by serious research. Today, prospective office tenants prefer amenity-rich
mixed-use centers (also known as “live-work-play” locations) over single-use office parks by a
margin of 83 to 17 percent, according to a 2014 study by the NAIOP Research Foundation,
which represents the commercial real estate industry in the US. The report's bottom line: "…
RFMUD White Paper BCC Workshop 01/03/2017 Page 28 of 62
any company wanting to attract and retain young educated workers who prefer live, work, play
locations needs to locate in a compact, mixed-use, walkable place, either downtown or in the
suburbs."
Countless other studies have explored how physical design and walkability impact the economic
prosperity and growth of a community. For example, in Asheville, NC, it was found that
property taxes for downtown mixed-use development projects yield an 800 percent greater
return on a per-acre basis than large, single use projects near city limits.6 And, In the 30 largest
metro regions in the U.S., office space located within the more walkable urban parts of the
metro commands and average of 74 percent more rent -per square-foot than elsewhere in the
metro.7
Collier County has a limited supply of land available for new development and there is high
competition for residential land uses. The development trend in the RFMUD has been gated
residential communities. In fact, nearly all of the “West” Receiving area has built out in this
pattern, leaving little room for future business uses. This is one of the largest challenges
Opportunity Naples found to Collier County’s economic diversity - “suitable, large-scale, pad-
ready development sites.”
Under the current RFMU policies, businesses would only be allowed within the Village option.
Therefore, at this time, any business willing to locate within the RFMUD would need to find
residential partners to go through a rezoning process to create a Villa ge in order for the
business to locate within the RFMUD. For Collier County’s competitive edge, land use policies
within the RFMUD need to provide greater flexibility for business development. Allowing stand -
alone business parks and light industrial uses that are designated in zoning overlays would
provide more sites readily available for development. This would directly address the business
community’s identified barrier, a lack of certain in the rezone process. At the same time, by
allowing businesses as permitted uses, shorten approval times may be realized. This can be
accomplished through business park zoning overlays or by establishing criteria similar to the
conditional use process where compatibility can be determined by the Hearing Examiner.
The last item, impact fees, is always up for debate in Collier County. There are processes in
place that can provide businesses impact fee credits or waivers and other incentives to address
this issue. At the same time, as discussed under the land use incentives, a new mixed-use
impact fee has the potential to reduce development impact fees within a mixed-use project by
10 to 30 percent. This type of impact fee may provide the reduced fees sought by the business
community.
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To support economic vitality in the RFMUD Collier County needs to leverage the mixed-use,
healthy community advantage to stay competitive and relevant to the new generations needed
for the workforce. This means supporting land use policy that incentivizes mixed -use
development and villages within the RFMUD. “Many businesses are increasingly making their
expansion, relocation, and new business development decisions based on which communities
are most walkable.”8 The villages within the RFMUD should be designed to accommodate the
desires of both businesses and their workforce – a focus on vibrant, mixed-use communities
that support transportation choices and health lifestyles. While villages may take years to come
to fruition in RFMUD, land use policy should also be able to rapidly respond to business
opportunities that are ready to locate in the RFMUD . This is accomplished by allowing business
uses outside of a village in appropriate locations, with approvals as promptly as possible. These
steps will support the economic diversification of eastern Collier County.
RFMUD White Paper BCC Workshop 01/03/2017 Page 30 of 62
Footnotes
1ULI. 2013. Ten Principles for Building Healthy Places.
http://www.uli.org/wp-content/uploads/ULI-Documents/10-Principles-for-Building-Healthy-Places.pdf
2 Peter Newman and Jeffrey Kenworthy. 2006. “ Urban Design to Reduce Automobile Dependence.”
Opolis: An International Journal of Suburban and Metropolitan Studies. Vol. 2, Issue 1, Article 3.
3 Mariel Alfonzo. 2015. “Making the Economic Case for More Walkability.” Urban Land. Urban Land
Institute. http://urbanland.uli.org/sustainability/houston-economic-case-walkability/
4 Global Strategy Group. 2014. Rockefeller Millennials Survey. Transportation for America.
https://www.rockefellerfoundation.org/about-us/news-media/access-public-transportation-top/
5 AARP. 2012. 2011 Boomer Housing Survey.
http://www.aarp.org/content/dam/aarp/research/surveys_statistics/il/2012/2011-Boomer-Housing-Survey-
AARP.pdf
6 Badger, Emily. 2010. “The Simple Math that can Save Cities from Bankruptcy.” The Atlantic: City Lab.
http://www.citylab.com/work/2012/03/simple-math-can-save-cities-bankruptcy/1629/
7 Gary Pivo and Jeffrey D. Fisher. 2001. “The Walkability Premium in Commercial Real Estate
Investments”. Real Estate Economics 39.2. 185-219.
http://www.u.arizona.edu/~gpivo/Walkability%20Paper%208_4%20draft.pdf
8 Public Sector Consultants. 2016. Creating 21st Century Communities: Making the economic case for
place. http://smartgrowth.org/creating-21st-century-communities-making-economic-case-place/
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Rural Fringe Mixed-Use District White Paper
Section 4: Findings and Initial Recommendations
1
Last revised: 12/17/16
The findings and initial recommendation below emerged from the public engagement, data and
analysis discussed in Section 3. These are initial recommendations and reflect an approach that
begins with general principles. Once settled in broad concept, more specificity will be brought
forward as the process moves to Growth Management Plan amendments and Land
Development Code amendment processes. The issue topics discussed herein are organized
under the areas of:
SENDING LANDS:
A. TDR Credit System
B. Credits and Areas Outside of the RFMUD
C. TDR Program Management
D. Sending Land Management
E. Other Program Suggestions
NEUTRAL LANDS
RECEIVING LANDS:
A. Land Use and Economic Vitality
B. Transportation and Mobility
C. Development Standards and Process
For ease of use, this Section includes different ink color. The different ink colors reflect:
Issue identification and background
Bold narrative is public input
Staff’s initial recommendations
Impacts to stakeholder interests
For simplicity, throughout this section, owners of parcels within RFMUD Sending Lands will be
denoted as “Sending owners”; owners of parcels within RFMUD Neutral Lands will be denoted
as “Neutral owners”; owners of parcels within RFMUD Receiving Lands will be denoted as
“Receiving owners”.
RFMUD White Paper BCC Workshop 01/03/2017 Page 32 of 62
SENDING LANDS
A: TDR CREDIT SYSTEM
1. Minimum Sales Price, Buyer and Seller
One of the most frequently heard recommendations related to TDR credits is the elimination of
the minimum $25,000 sales price for Base TDR credits. Since the adoption of the Bonus credit
system in late 2004, there have been two classes of credits in the system: Base TDR credits,
which are subject to the minimum sales price, and Bonus TDR credits, which are not.
The TDR system was designed to be “market driven”; however, minimum pricing requirements
interferes with willing buyer/willing seller free market principles. A true market rate should be
maintained so that credit sale prices reflect actual market conditions. With the possible
exception of a County TDR bank, market price should be left solely to market forces.
The present requirement creates distortion in the market price of bonus credits compared to
base credits, frequently selling for just a fraction of the base price. The Rural Fringe Coalition
reports combining a base TDR with a bonus TDR results in a current market average price of
$13,500 per TDR. A single market price for all credit types requires the elimination of separate
treatment for base credits compared to bonus credits.
A corollary of a unified TDR value is the elimination of any use restriction (based on TDR credit
type) as presently interpreted in village development. (See staff recommendations:
Receiving/Village).
Staff initial recommendation:
Eliminate the minimum $25,000 price per base TDR.
All groups generally support this provision: the Coalition, Sending owners, interested citizen
groups and environmental advocates have supported this elimination. In the opinion of staff,
no interest group would be adversely affected by this change.
2. Additional Credits to Sending Owners
An analysis of likely credit availability and likely (long term) credit demand reveals an imbalance
between supply and demand. Under its “likely case” scenario, County staff estimated that
demand would ultimately be more than double the supply under the current program
structure. Further economic analysis provides scenario planning to address proper balance and
suggest additional credits for Sending owners. Alternatives may need to be considered because
RFMUD White Paper BCC Workshop 01/03/2017 Page 33 of 62
changes in Receiving Lands rules will also affect the balance. Use of credits for incentivized
development and increase in allowed density in Receiving Lands must be factored into the
equation.
For purposes of this White Paper, recommended minimum and maximum densities in Receiving
Lands provide the analytical framework for scenario testing, provided in Appendix D: “TDR
Economic Analysis”. The County’s consultants illustrate the provision of four (4) additional TDR
credits to Sending owners, along with collateral bonuses and credits, as a test of market
penetration under increased density and credit recommendations. As further guidance refines
density and additional credit goals, economic scenario testing will be adjusted and refined. At
present time, the illustration provided in Appendix D should be reviewed as an example and as
a platform for further discussion.
It was suggested by some individuals that credit balance could be achieved by allowing the
same credits (existing credit structure) to count more favorably in the hands of Receiving
owners for development purposes. It is true that a mathematical application could result in the
same economic balance by using this approach. On the other hand, by using a combination of
approaches, a more tailored result is possible. Thus, additional TDRs can be used both as
compensation to Sending owners and as incentives to Receiving owners.
With respect to the application of additional credits for the be nefit of Sending Land owners, a
number of recommendations have been made by stakeholders, including prioritization (more
bonus credits) for: NRPA lands; parcels that are 10 or 20 acres or greater; lands that require
higher level of restoration; lands that remain in private ownership with agreements with
Forestry Service for controlled burns; lands that remain in private ownership with
agreements for flow ways across property; lands that retain agriculture activity; lands that
are donated to accommodate flow ways; lands that are donated where habitat value is
highest; or, all sending lands regardless of attributes. Many of these recommendations were
made in the Rural Fringe Coalition’s “White Paper” (January, 2015); many were echoed in
correspondence, surveys and public meetings.
Meeting participants were more favorable to the “all Sending Lands equally” approach than to
all others listed above. Staff is highly supportive of this approach due to simplicity and equity in
application. Staff also anticipates that this general preference may yield to some limited
exceptions, such as a scenario in which no governmental or other entity can be established to
own and maintain environmentally sensitive properties (see D.2, below).
Additional TDR credits to add liquidity to the supply/demand balance is a central and
fundamental change to the existing TDR program. By providing more potential credits to
Sending owners, they will derive more compensation through the program than presently
RFMUD White Paper BCC Workshop 01/03/2017 Page 34 of 62
possible. At the same time, the additional liquidity will place downward pressure on TDR price,
thus making credits slightly less expensive for development.
As described in Appendix D, the ultimate recommended number of additional bonus credits will
depend on adopted TDR incentives in the Receiving Lands, the minimum and maximum
densities applicable to Receiving villages and non-village development, and additional or
contingent incentives applied to specific areas within Sending Lands. A final true-up of the
credit system, and therefore additional credit needs in Sending Lands, must necessarily await
consideration of density availability in Receiving Lands. A “what if” scenario tool has been
completed by a consulting economist, and will help inform the discussion.
Staff is confident that overall credit demand from Sending Lands will not diminish due to
adopted changes following the restudy. Therefore, staff is confident that at least two (2)
additional TDR credits per 5 acres should be anticipated for Sending program activity; and that
more may be possible, depending on support for recommended changes in the Receiving
Lands.
Staff initial recommendation:
Provide additional TDR credits to Sending owners. Where possible, additional TDR credits
should be apportioned equally to all Sending owners regardless of location or property
attributes.
The addition of 2 or possibly more credits available for Sending owner TDR participation will
result in more affordable credits for development and a greater overall return to Send ing
owners. This was a fundamental tenant suggested by the Rural Fringe Coalition and well
received by Sending owners in meetings and by survey. To the extent that a greater financial
return incentivizes Sending owners to enter the program, conservation groups have been
enthusiastic. All groups benefit from this proposed change.
Sending owners had many different points of view on distribution of additional credits; the
notion that all sending area owners would be subject to the same TDR availabilities was favored
by five out of six groups in the Public Workshop break-out table exercise. Because of the nature
of the various options, it is clear that “equity” is favo red over parochial interests of owners.
Thus, all Sending owners would benefit equally.
3. Agricultural Uses
Under current rules, parcels located in Sending Lands are eligible for TDR severance credits.
However, TDR severance is abated for 25 years “from any parcel, or portion thereof…cleared
for agricultural purposes after June 19, 2002”.
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The Final Order, dated June 22, 1999, directed the County to conduct assessments that
included, at a minimum, provisions to “protect prime agricultural areas” and to “prev ent the
premature conversion of agricultural lands to other uses” (p.11). In addition, uses remaining in
NRPA areas were limited to single family dwellings per parcel and agricultural uses (p. 14).
There is no specific directive in the Final Order to encourage new agricultural uses other than
the protection of “prime agricultural land” in general. The extent to which this language applies
to RFMUD Sending Lands could be debated. On the other hand, nothing in the Final order
would prohibit the County from removing disincentives, or in incentivizing appropriate
agricultural activity.
The RFMUD rules adopted in 2003 and 2004 discourage agriculture on Sending Lands by
eliminating the possibility of creating TDR credits for any land put in agricultural use after 2002.
The rationale for this provision may have been based on the concept that agricultural
operations were more widespread and established in the RLSA; by comparison, a relatively
small amount of agricultural activity was found in RFMUD Sending areas. However, there may
be agricultural activities that are consistent and compatible with environmental goals. For
example, land managers in the area have maintained that passive agriculture, specifically
grazing, is a cost-effective way to reduce invasive plants.
The suitability of the environment for agricultural activity beyond grazing is limited. It is
possible that an owner will find that a non-NRPA property is suitable for growing certain crops
or landscape materials given the specific location. Further reduction of density in western North
Belle Meade may be a desirable trade-off for the allowance of more active agricultural uses in
that location. However, an administrative or conditional use review may be appropriate to
avoid conflicts with large scale land management practices such as prescribed burns or with
water management initiatives.
When asked about views concerning agricultural incentives, five of six groups at break-out table
exercises (Public Workshop #2) concluded that TDR credits should be provided to incentivize
agricultural activity in Sending Lands. Our first on -line survey indicated that a majority of
respondents had plans to continue or commence agriculture on their properties. 76% of
persons attending the final Public Workshop #6 agreed that TDRs should be awarded for
owners who keep property in agricultural production.
Staff initial recommendation:
Make TDR credits available to Sending owners who wish to begin or expand a bone fide
agricultural operation. In NRPA locations, only passive agricultural operations, excluding
aquaculture, would qualify. Passive agricultural uses may be considered for Restoration and
Maintenance TDRs through an approved Restoration and Maintenance Plan.
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Incentivized agricultural use of Sending Land provides a viable alternative to owners who wish
to retain a beneficial interest in their properties. If compatible with environmental interests,
including water quality, there do not appear to be negative consequences for any stakeholder
interest group, so long as a review process is established to assure compatibility.
4. Parcels smaller than 5 acres
RFMUD properties smaller than 5 acres are eligible for the TDR program today if legally non-
conforming (LNC). That is, a property less than 5 acres created before October 14, 1974, the
establishment of the Agricultural Zoning District, Coastal Area, enjoys development rights and,
as provided in the GMP, TDR incentives. For example, a full base TDR is available reg ardless of
the size of the LNC lot. Conversely, illegal non-conforming lots enjoy no development rights and
no TDR availability.
In response to an individual petition in 2008, the Comprehen sive Planning Department
researched the extent of illegal lots and brought various options to the BCC for consideration. It
found 189 non-conforming lots in Sending areas, of which 126 were deemed LNC; 51 were
found to be illegal non-conforming and 12 inconclusive, due to lack of available data from
Property Appraiser’s Office.
An integral part of the analysis concerning non -conforming parcels relates strictly to parcel size.
Parcels slightly less than 5 acres can be determined to be legal lots, regardless of date of
creation, if the owner can prove that a portion is attributed to ROW taking at some point in
time. Of the 51 illegal non-conforming lots and the 12 inconclusive determinations, 24 exceed
4.5 acres in size.
Illegal non-conforming parcels enjoy no development rights and this principle should continue.
However, a cornerstone RFMUD program goal is the accumulation of parcels and ultimate
ownership in a governmental (or other qualified) agency for long term environmental, unified
stewardship. Proportional TDR availability would foster that result and provide a reason able
exit strategy for owners of such parcels. Documents associated with this transaction would
clearly reflect the lack of current development rights and the public purpose for creating the
TDR availability. For example, an owner of a 2 acre illegal non -conforming parcel would be
eligible for 40% of the TDR credits otherwise available to a 5 acre parcel. When drafting the
GMP amendment, a requirement of conveyance would be applied in order to achieve any TDR
value from legal non-conforming lots.
Further, any property in excess of 4.5 acres should be deemed to be a 5 acre parcel for
purposes of this program. Again, actual development rights to be exercised outside of the TDR
program would require an LNC determination, as is presently the case. However, as an
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incentive to enter the program by eliminating a sometimes onerous or inconclusive
determination, such parcel would be granted 1 full credit for each base and bonus TDR.
Staff initial recommendation:
Allow TDR participation for illegal non-conforming properties based on public policy goals, and
waive requirements related to proof of LNC status if greater than 4.5 acres in size.
This change benefits owners who do not have access or means to achieve proof of LNC status
where the property is greater than 4.5 acres in size. It also benefits owners of non-conforming
properties created after 1974, by allowing them an exit strategy. There are no known
stakeholders who are adversely affected.
5. Retroactivity of Suggested Program Changes
As discussed under A-2, Additional Credits to Sending Owners, 2 or more additional TDRs may
be provided to further incentivize participation and balance supply with anticipated demand.
Approximately one quarter of all Sending acreage has previously entered the program at the
Base and Early Entry levels. Of the 6,532 acres where base rights have been severed, 1,979
acres (30%) have been conveyed to a governmental agency.
Land owners who have previously entered into a Limitation of Development Rights agreement
should be allowed to apply for any additional TDR credits made available as a result of program
changes. This would provide an equitable solution to owners who entered the program earlier
in time and have not transferred ownership.
The supply side of the TDR credit system will be impacted to a significant degree. (Under
Scenario 1, Appendix D, 1,863 additional credits would be created retroactively; the actual
number will depend on the number of additional bonus credits approved). This additional
supply is added to the dynamic analysis at a macro level.
Staff initial recommendations:
Allow landowner’s who have generated TDRs but have not conveyed their land to participate in
any applicable program changes.
The proposition benefits owners who faithfully earned Base TDR credits prior to the current
restudy and economic analysis of overall credit needs. One possible inequity could be
perceived by prior Sending owners who transferred properties to a governmenta l agency or
third party in the past; they no longer have a nexus to the land. No other stakeholder group
would be adversely affected.
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6. Early Entry TDR Credits
Early Entry TDR credits were adopted as part of the 2004 RFMUD Amendments providing bonus
credits to help balance the system. At the time, the Early Entry Bonus was seen as a means to
jump-start the program: Sending owners who severed TDRs in the early years would be
rewarded for their trust in the program and belief in the likelihood of a successful negotiation
and sale.
The Early Entry Bonus TDR, when first enacted, was set to expire in three years (2007). It has
since been extended several times and is now set for expiration in 2019, 15 years after the start
of the program.
The time period associated with early participation expired a number of times. Incentives for
participation should be monetary, and can fairly reflect the fact that the reference to “early”
has become de facto permanent.
Staff initial recommendation:
Replace the reference to Early Entry Bonus TDRs and simply provide 2 TDRs for base sev erance
of dwelling unit rights, subject to any additional credits assigned as discussed in A.2, above.
No stakeholders will be adversely impacted; this change provides more clarity to the program.
The BCC would abandon one potential program “tool”- the potential of non-extension of the
Early Entry Bonus credit that exists today.
7. TDR Credits from Receiving Land
Within the Receiving Land there are opportunities to further the goals of environmental
protection and agriculture preservation. In fact, some of the most valuable agriculture land in
Collier County is located in the RFMUD Receiving Land. Collier County has had success in
preserving agriculture lands through a system of TDR-like incentives in the Rural Lands
Stewardship Area. Additionally, there are some limited natural resources found in Receiving
areas that are valuable for preservation. Recognizing this, and the need for greater incentives in
the RFMUD, stakeholders support the ideas to allow Receiving Lands to generate TDR credits
for the purpose of retaining agricultural uses/rights and/or where greater environmental
protection is demonstrated.
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Staff initial recommendation:
Allow TDRs to be generated from Receiving Lands for agriculture preservation, or native
vegetation and habitat protection beyond minimum requirements, secured by appropriate
easements in favor of Collier County.
Preserving agriculture in Collier County will benefit the overall agriculture economy, and the
stakeholders involved in agricultural operations. Preserved areas will not be available for future
development.
B: TDR CREDITS AND AREAS OUTSIDE THE RFMUD
1. Urban Residential Fringe and the One Mile Rule
Development within the Urban Residential Fringe (URF), mile-wide buffer between the urban
area and the RFMUD, has a base density for development of 1.5 units per acre. Given its
location, the GMP describes its purpose: “to provide transitional densities between the Urban
Designated Area and the Agricultural/Rural Area” to the east. Additional density can be added
through the purchase of TDRs from Sending Lands located within one mile of the URF. Up to 1
unit per acre can be added in this way, although specific properties were gra nted slightly higher
allocations through private plan amendment petitions. Also as a result of private plan
amendment petitions, the requirement of obtaining TDRs from Sending Lands within one mile ,
in order to increase density, was modified for the Naples Reserve PUD and the San Marino PUD.
Private GMP Amendments have established the precedent to derive TDRs from the Sending
Lands beyond 1 mile, reflecting Board direction. The vast majority of URF acreage is now
entitled for Planned Unit Developments. Of the total 5,500 acres, only 371 acres remain in
agricultural zoning.
Regardless of policy considerations for or against this geographical allowance, a change to the
Urban Residential Fringe rules to reflect this Board direction would provid e consistency for the
remaining areas that have not been entitled and may wish to increase density through the TDR
mechanism.
Staff initial recommendation:
Eliminate the one mile boundary from which TDRs must be derived for Urban Rural Fringe.
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This change favors the majority of Sending owners whose holding s are outside the one mile
band, although the additional demand is very small. It negatively impacts Sending owners
whose holdings are within the one mile band, and may have purchase d such property in
expectation of higher return for sale of those TDRs. Again, looking forward, this potential
demand is very small.
2. The Urban Residential Infill Bonus Provision
The Residential Infill Bonus (Density Rating System, Future Land Use Element) encourages infil l
within urban areas, outside of the Coastal High Hazard Area. Parcels less than 20 acres are
eligible, under certain conditions, for 3 additional dwelling units. The first of these must be
derived from the purchase of a TDR from the RFMUD.
This density bonus provision is intended to incentivize compatible in-fill development in the
Urban Mixed Use District, but has been seldom used. Removal of the TDR component would
eliminate a barrier to what is intended as an incentive to foster in -fill development; likewise, it
would eliminate a minor demand uncertainty in calculating the supply/demand ratio in the
RFMUD.
Staff initial recommendation:
Eliminate the requirement to purchase a TDR in the Urban Residential Infill bonus provision.
The community at large would benefit from urban infill development at appropriate locations;
no other stakeholders are significantly affected.
3. Golden Gate Estates TDRs for Environmental Protection
Unlike allowable uses of TDRs outside of the RFMUD, no locations outside of the RF MUD
currently provide additional sources of TDRs for use within RFMUD. The Comprehensive
Watershed Improvement Plan (CWIP) Ad Hoc Advisory Committee (CWIP Committee) is
currently studying the technical implications of various goals and strategies associated with
wetland areas in Northern Golden Gate Estates. The Watershed Management Plan (2011)
identifies an area within Golden Gate Estates as North Golden Gate Estates Flowway
Restoration Area. This area, as well other low-lying areas in Golden Gate Estates could be
considered as additional Sending locations related to the RFMUD TDR program. I n-holdings
within Red Maple Swamp and Winchester Head (managed by Conservation Collier) or other
important areas could also be considered.
The Ordinance creating the Growth Management Oversight Committee included within the
Committee’s scope an evaluation of consistency among restudies. Watershed issues are one of
the topic areas where consistency and coordinatio n have been frequently mentioned.
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Historically, the Rookery Bay watershed started in the North Golden Gate Estates area,
sheetflowed through North Belle Meade and South Belle Meade, then outflowed into the
Rookery Bay estuaries.
The historic Rookery Bay watershed has been heavily influenced by the Golden Gate canal, and
various stormwater projects have been identified by the Watershed Management Plan,
accepted by the BCC in 2011, to address the problem. Diversion or attenuation of stormwater
before it reaches the Golden Gate canal is one of those projects, and continues to be the
subject of discussion at the CWIP Ad Hoc Advisory Committee.
Any extension of TDR Sending credits to an area outside of the RFMUD must be cautiously
considered. Additional Sending areas should be limited in acreage and prioritized for wetland or
flowway preservation, as determined by the BCC. Staff recommends coordination and
accommodation of this concept through various incentives and programs, including the TDR
program, only for select and high value (wetland/flowway) parcels. By allowing a number of
parcels to receive TDR credit allowance under the program, watershed goals can be more easily
met.
One important consideration is the volume of donations made possible through the TDR
program within Golden Gate Estates. The RFMUD and its TDR program has been a relatively
“closed” program, particularly from the Sending or supply side. It is important to consider the
effect on value if additional supply is added. Staff believes, for example, that a progra m limited
to 400 acres in total, derived from property owners of the most valuable parcels (from a water
attenuation perspective) would be appropriate. It would equate to a roughly 2-3% impact in
total supply (depending on program details), and could be considered a de minimis impact to
TDR price, according to the economic consultant for this restudy.
It is important to note that this concept will be vetted in the context of the Golden Gate Area
Master Plan Restudy as well. The TDR concept is related to, and will be affected by, a parallel
initiative that would provide incentives for combining smaller lots into larger lots in North
Golden Gate Estates- an initiative that will reduce some of the floodplain impacts of smaller lots
and aid in aquifer recharge.
Staff initial recommendation:
Accommodate implementation measures recommended by the CWIP committee and the
Watershed Management Plan that are consistent with TDR program success. Where TDRs are
used as an incentive, limit the number of credits for critical wetland parcels to avoid significant
impacts to the TDR credit system.
C: TDR PROGRAM MANAGEMENT
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1. General Administration
Under the current program, the Comprehensive Planning Section, Zoning Division administers
the TDR program. Administration includes the intake of applications and related requirements
for severance of development rights (Base and Early Entry TDRs), Restoration and Maintenance
TDRs, Conveyance TDRs, transfers of credits, redemptions of credits and lost certificates.
Administration reflects the private sector basis of the program- willing sellers and willing buyers
who plan and arrange their purchase and sale transactions. At the same time, it is designed to
protect system integrity and accuracy through a carefully maintained Activity Log, tracking each
parcel and related credits through time, including final use d uring the platting process when
redemption of identified credits are recorded.
In addition to these functions, the Division maintains both a Buyers List and a Sellers list, to
facilitate identification for interested parties. While some new listings have occurred recently,
the County understands that these lists have not worked well in the past.
The Buyer and Seller lists have provided names, phone numbers and numbers of credits sought
or available for sale. However, the listings typically lack an offering price by either buyer or
seller. In addition, these lists have been difficult for some parties to easily locate on the
County’s website. There is room for improvement based on the needs of the parties.
Staff initial recommendation:
At a minimum, an improved exchange program should be designed with input from potential
buyers and sellers.
County staff would not incur additional expense in improving communications for the benefit of
all parties. No stakeholders are negatively affected.
2. Cost Components for Sending Owners
Cost components for Sending owners include application fees as well as other out of pocket
costs associated with obtaining Base and Bonus TDRs.
Application fees for Base TDR severance with early Entry Bonus: $250 plus $25 per TDR
issued
Application fee for Restoration and Maintenance TDR: $250
Application fee for Transfer of TDRs: $250
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Application fee for redemption of TDRs: $250
Restoration and Maintenance TDR: Private Land Management Plan (LMP) requires
surety bond
Professional work product:
o Legal sketch and description (Base TDR)
o Title search for CEs or other land use restrictions (Base TDRs)
o Preparation of LMP, qualified biologist (Private R&M plan)
o Title work, preparation of deed, doc stamps (Conveyance TDRs)
o Title insurance (Conveyance TDRs)
o Negotiation with Governmental agency (Conveyance TDRs)
o Potential brokerage fees for sale of the TDRs
o “The County recommends that you consult with an attorney” (Base TDR
application form)
Application fees fall disproportionately on small Sending owners. An owner of a 5 acre tract
would pay $775 in application fees for 5 acres, in order to obtain all 4 TDRs. This fee is in
addition to professional fees associated with the work.
To obtain Base and Early Entry TDRs, a title search is required, along with sketch and
description. Legal advice is recommended in the process. More substantial work is involved in a
private Land Management Plan for the Restoration and Maintenance TDR. Professional real
estate services are typically required for the conveyance TDR, since the receiving entity will
require a standard title search and documentary stamps will be required.
There are limited possibilities for additional County staff assistance with some processes, in the
future. For example, staff could supply a legal sketch and description through its GIS Section or
other appropriate Division. A standard or model Land Management Plan could be develop ed by
the Environmental Planning Section to reduce professional fees.
Collier County devised a sophisticated and important program to protect environmentally
sensitive lands in the RFMUD Sending areas, allowing Sending owners to “choose” to
participate, but providing TDRs as an incentive and as just compensation for the change in FLUE
designation and zoning. Costs and complexity to Sending owners cannot be eliminated;
however, where possible, these should be reduced. The recommendation regarding a TDR
Bank, below, would take this concept further.
Staff initial recommendation:
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Application fees should be reduced or eliminated for Sending owners; work product required
for TDRs should be evaluated for cost effectiveness and in limited instances, provided by
County staff.
The reduction or elimination of application fees would result in an im pact to taxpayers, since
the administration would not have an enterprise fund component. Likewise, additional work
assignments for County staff would be borne by County taxpayers. Sending owners would
benefit from these changes by reducing cost and complexity in the process of obtaining TDR
credits. All stakeholders would benefit from increased participation by Sending owners.
3. TDR Bank
The recommendation for a TDR Bank may be the single-most powerful recommendation made
by staff. As many important community members have expressed the concern that “the TDR
system is broken,” a bank would provide confidence in the system on many levels. It would
demonstrate that the County is committed to the program and its success. It would provide
assurance to small Sending owners that TDR severance will result in a monetary return within a
reasonable timeframe, thus spurring program participation. It would provide assurance to the
development community that TDRs will be available when needed, so that locating, structuring
and executing numerous small transactions can be avoided.
The current GMP provisions covering the TDR process state ”…the County shall consider the
feasibility of establishing a ‘TDR Bank’, to be administered by the County or some other not-for-
profit governmental or quasi-governmental public agency established for this purpose” (FLUE,
Designation Description Section: B.1 (D)(2)). In its White Paper dated January, 2015, the Rural
Fringe Coalition included the recommendation to consider a TDR bank to help foster the
program. Its rationale included the high cost to developers to aggregate smaller parcels to
derive TDRs or to purchase from many uncertain sellers. Likewise, the Golden Gate Estates
Area Civic Association recommends its use to facilitate the process.
A TDR bank is an intermediary between seller and buyer, which can be designed in many
different ways. Either a division within the County Manager’s agency or a non-profit
organization can serve in this role. It typically requires a substantial fund to allow purchase of
land or purchase of credits from Sending owners. The fund becomes replenished through the
sale of credits to Receiving entities, which must possess the necessary credits in order to obtain
a development order (plat or SDP).
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The creation of the initial fund may come from dedicated tax revenue, general revenue, sale of
credits derived from County-owned property, TDRs provided to the County through the
program, or other means.
In the TDR Bank Capitalization report (Pruetz and Gunnells: “Placeworks”; Appendix C; dated
December, 2016), Rick Pruetz, FAICP, a nationally recognized TDR program expert, outlines the
many possible ways to create a TDR bank in Collier County. This report is included as Appendix
C. It covers the advantages and disadvantages of using a bank in the context of the RFMUD
program, noting that its chief importance lies in the fact that the County wishes to promote
significant Sending land severance in the short term while expecting demand over a lengthy
period of time. This “time lag” points to the importance of a bank in achieving environmental
success and Sending owner fairness; at the same time, it requires a significant hold ing period
before the County could sell its inventory, costing taxpayer dollars.
Pricing of Banked TDRs would support a separate market-driven (direct Sending/Receiving)
exchange and price point. The bank would not purchase TDRs for more than the market r ate,
and should consider a higher resale rate so as not to frustrate non -bank sales.
For reasons stated in this analysis, Mr. Pruetz favors a capitalization approach using bonded
dedicated millage to create an account of sufficient size to purchase TDRs, holding them until
demanded. Once a point of equilibrium is reached, the fund becomes self-sustaining- TDRs sold
to the development community provide funds to purchase more. Ultimately, fund principal is
recovered in the bank and can be used to support oth er environmental initiatives or returned
to taxpayers through reduced millage. The Placeworks Capitalization report illustrates the
funding required over an initial 5 year period when the Bank would be actively buying a
substantial number of credits, and a 30 year period during which the credits would be sold and
the bank funding returned.
Other funding means are available, and could be supported without the use of public dollars for
capitalization; however, none of these options addresses the “time lag” i ssues. These options
include the use of County owned land to derive initial TDRs for the bank or the issuance of TDRs
to the County as a component of the severance process (see related, D.2).
Community support for a bank is vital. A fund created for its purpose may serve related
purposes, such as funding restoration and management of lands that are not within a state
acquisition or potential ROMA mitigation area, Conservation Collier restoration and
maintenance funding or capital and O&M related to important hydrological projects. The
community would need to recognize and appreciate the value of the conservation involved, its
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County-wide ecological impact, opportunities for recreation and the value of publicly-owned
preserves as a legacy for grandchildren.
Staff initial recommendation:
The County should consider the appeal of a publicly funded TDR bank and a dedicated
assessment and/or bonding for the program, based on an evaluation of costs and benefits.
As an indication of stakeholder impact, there was broad support for the TDR bank concept
among Sending owners and the development community. Sending owners would enjoy a
significant incentive to participate in the TDR program, knowing that compensation for severed
credits may be more readily obtained. A bank would shift some of the administrative burden to
the County, and administration cost must be considered in addition to capitalization costs.
Taxpayers would bear the burden of the time value of the funds along with additional
administrative costs. Residents and visitors would benefit from an asset that might otherwise
be diminished without intermediary funding, and from the County-wide hydrological benefits
that can be achieved.
D. SENDING LAND MANAGEMENT:
Land management strategies for environmentally sensitive areas, including preserves and open
spaces, can take several different forms. One point of agreement among environmentalists,
land managers and planners is that management does not happen by itself. As discussed by a
panel of experts at Public Workshop #2, the prospect of a “do nothing” scenario following
Restriction of Development Rights agreement and the issuance of TDRs, would result in much
more extensive infestation of exotic plants and a compromise of viable habitat for important
species. Ultimately, the cost to restore lands unattended for a long period of time can
increase significantly. Private Land Management Plans are possible, but very difficult because
of small and fragmented ownership patterns that do not support a coordinated effort.
At the present time, the 4th TDR (bonus credit), “donation to a public agency”, cannot be
obtained in several locations, including North Belle Meade and Section 11 (T48S/R26E). For
those locations, there are no public agencies that have stated an intention to accept donations.
Staff had previously made inquiry to the Division of State Lands, FDEP, to determine whether
the State could take title to, and responsibility for, donated parcels in North Belle Meade. The
agency described the fact that this area was outside of its acquisition authority under the
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Florida Forever (Picayune Strand) acquisition program, even if the parcels were donated .
Similarly, SFWMD was contacted regarding both North Belle Meade and Section 11 properties,
but declined any involvement beyond an advisory role.
In contrast, the South Belle Meade area is situated within the Picayune Stand State Forest
acquisition area, where donated lands can be held by The Internal Improvement Trust Fund
(TIITF) and managed by Florida Forestry Service and Florida Fish and Wildlife Conservation
Commission. Here, Sending owners obtain the Restoration and Maintenance bonus credit along
with the Conveyance bonus credit by donating the parcel(s) to the state along with a modest
fee for restoration and perpetual maintenance. This serves the interests of the State because it
is much easier to restore and manage large contiguous land areas than individual parcels.
The fragmented pattern of ownership in North Belle Meade and Section 11 is similar to the
pattern in South Belle Meade, prior to State acquisition. Again, the most effective means of
long term management would be under a unified plan administered by a single agency (or
coordinated agencies) for each geographic area. It is not practical or effective to encourage
numerous small owners to create or implement plans to maintain or even restore 5, 10 and 20
acre tracts individually, particularly because plans may not be implemented in the same
timeframe as neighboring properties. Eradicating and managing nuisance and exotic vegetation
requires large scale coordination and timing.
For this reason, coupling the Restoration and Maintenance TDR with the Conveyance TDR
results in a more effective framework and a simplification for Sending owners. As presently
structured in South Belle Meade, two TDRs can be provided for these dual purposes, simply by
conveying the property along with an appropriate endowment sum.
Finally, rehydration of parts of North Belle Meade has been on the list of priorities listed in the
Watershed Management Plan (2011). The potential projects in North Belle Meade for wetland
restoration or rehydration should be coordinated with restudy recommendations.
Accommodation of such activity would be clearly demonstrated by maximizing the transfers of
private parcels into public or quasi-public ownership, thus minimizing the potential for conflict
with an otherwise successful watershed program in the future.
Options to address this problem, by order of priority; also consider the combination of two or
more options in concert:
1. Option One- North Belle Meade Mitigation Bank:
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During Public Workshop #2, a panel of subject matter experts was convened to discuss North
Belle Meade land management in particular, given the lack of interest from State agencies and
given the fragmented ownership pattern. The panelists indicated a preference for coordinated
ownership and management by a single entity, and agreed that Collier County should take
direct responsibility, if no other state or federal agency would accept ownership or
management responsibility. Public-private partnerships were also discussed. It was noted that
County ownership would provide some County benefits, such as potential recreational
opportunities.
More specifically, panelists discussed the advantage of creating a mitigation bank option in
order to finance the restoration and long term maintenance. The same concept had been
suggested previously by an informal scoping meeting with agency peers.
In April, 2016, staff launched an initial feasibility study to determine the viability of creating a
mitigation bank of any kind. The idea of using mitigation funds from the County ’s own
transportation or other capital projects was part of the conceptual framework. If the County
could act as project manager for a mitigation bank while saving money over an extended time
period, this option would be feasible and program design could b e recommended. The
advantage of such a program would be threefold: (1) aid Sending owners in their efforts to
obtain all available TDRs, including Conveyance, thus furthering program participation; (2)
provide a cost-effective means to County ownership and long-term maintenance of parcels; (3)
provide a more cost-effective and coordinated long term approach for mitigation of County
projects that impact wetlands or habitat.
The initial “Phase 1” Feasibility Study for the creation of a mitigation area is att ached as
Appendix B. Conceptually, the bank would complement existing mitigation activities in this area
under private ownership. The plan would be adopted by agreement of both state (FDEP) and
federal (ACOE) permitting agencies, encompassing the necessary requirements of each. At this
time there is a reasonable expectation of approval and financial viability of a Regional Offsite
Mitigation Area/In-Lieu Fee program (“ROMA”) in North Belle Meade.
Funding to provide restoration, maintenance and management of the ROMA area would come
from required mitigation of County-owned infrastructure projects. Notably, the 2040 LRTP cost -
feasible plan estimates approximately $11 million and $7 million for wetland mitigation and
panther compensation units respectively, associated with construction of new or expanded
roadways. The ROMA plan would allow for a competitive use of these mitigation dollars, in turn
fostering the preservation and maintenance of parcels within the North Belle Meade Area.
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The Phase 1 study of the North Belle Meade area for potential use as wetland mitigation or
habitat compensation indicates the area will not likely yield sufficient cost -effective wetland
credits or habitat compensation to be competitive on an open market (sales to private
interests). However, it concludes that a ROMA “is potentially feasible and cost-effective, based
on broad characterizations of North Belle Meade and a range of reasonable assumptions.”
Background data, for example, was derived from National Wetlands Inventory (NWI ) and
Florida Land Use, Cover and Forms Classification System (FLUCFCS).
In short, the Phase 1 Feasibility report concludes that: “A Collier County single -user ROMA/ILF
project within North Belle Meade appears to be a cost -feasible generator of wetland mitigation
credits and panther habitat compensation if the ROMA/ILF is of sufficient size and properly
located to assure long-term support for the Florida panther.”
Based on the reasonable expectation of approval and financial viability in Phase 1, a Phase 2
Feasibility Study has commenced to study the ROMA concept in finer grain. Field work will
more closely correlate the levels of exotic infestation to site specific areas in North Belle
Meade. A mitigation analysis tool, developed for this project, will pr ovide more detailed
analysis of the credit generation potential (revenue) and mitigation costs. Additional meetings
with all permitting and review agencies will be completed, including USACOE, USFWS, FDEP,
and FFWCC. Timelines will be associated with cost and revenue streams, allowing for pro-forma
financial analysis of the ROMA and comparison to private mitigation bank costs for County
capital projects.
In light of the fact that there are a significant number of private permittee responsible
mitigation (PRM) parcels in the North Belle Meade area, coordination of activities in a broad
geographic area may be an important consideration for permitting agencies as well as the
County. To this end, consideration of a public private partnership (PPP), trust agreem ent or
third party monitoring might be considered for umbrella cooperation. Staff has identified only
one experienced Land Trust operating in Collier County: Southwest Florida Land Preservation
Trust. This entity has been contacted and began initial discussions with staff; it is not clear at
this time whether this Land Trust will wish to play a role in a potential ROMA/umbrella
agreement.
While the Phase 2 Feasibility Study will provide the County greater assurance of program
success, it will not guarantee approval from the permitting agencies. The timeframe for
permitting a program of this kind may be up to two (2) years in duration. Because of this factor,
a GMPA recommendation would state the options listed here in priority order rather th an
mandatory implementation.
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Staff initial recommendation:
Complete Phase 2 Feasibility Analysis for a County to County mitigation bank program
(ROMA/ILF) to establish a higher confidence of a successful mitigation program that can benefit
the TDR program, the environment and Collier County capital spending.. Explore options
involving Permittee Responsible Mitigation (PRM) parcels to achieve coordinated or umbrella
management options for greater overall land management efficiency.
County government would assume responsibilities inherent in a ROMA agreement, although
the operation and administrative functions could be assigned under contract. County taxpayers
could anticipate some cost savings in the use of a ROMA over more convention al mitigation
banking approaches. Taxpayers would also be gaining an asset: ownership of large land areas,
ecologically stable, that could be used for passive recreational purposes. Residents and visitors
would gain from improved hydrological functionality, providing watershed gains and balances
between sheds and in associated groundwater and aquifers. Sending owners in that area would
be on equal footing with counterparts in South Belle Meade so as to enjoy th e better
availability of the Restoration/Maintenance and Conveyance TDR credits. The environmental
community would gain assurance that this valuable resource is managed and protected, both
for watershed and for important plant and animal species. Receiving owners would know that
the number of TDRs necessary for future projects can be made more readily available, both
through the additional credits and through increased Sending owner participation. To the
extent that grant funding becomes available for structural rehydration projects in North Belle
Meade, additional wetland credits could be realized, resulting in further taxpayer benefits.
2. Option 2- Additional TDR for funding in North Belle Meade and Section 11:
It is possible to design an additional TDR only for those properties intended for County
ownership. This “County TDR” could supplement other funding. It could be used for “seed
money” for purposes of the ROMA engagement, or could form a po rtion of the funds necessary
to create an endowment for County owned and man aged areas without a ROMA. Additional
contributions should be required, similar to the program in South Belle Meade.
For example, if the program changes include two additional TDRs for each 5 acres of Sending
Lands, an additional TDR could be assigned where other (non-County) governmental agencies
will not take ownership. Instead, the County would assume ownership of the last TDR or
equivalent, as part of the conveyance application to the County. Proceeds from the additi onal
TDR would go to the County to partially fund the restoration and long term maintenance of the
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property, to provide seed money for a ROMA/ILF bank and/or to provide seed money for a TDR
bank.
Along with the value of the last TDR, the County could assess a fee for donation roughly
equivalent to that amount required, on average, in South Belle Meade by the Florida Forestry
Service. In this way, there would be rough parity between owners in North Belle Meade, South
Belle Mead and Section 11.
Staff initial recommendation:
Establish a special TDR for the benefit of the County where no other entity has been established
to take ownership. Also require donors of Sending lands to the County to convey a sum of
money or other consideration to partially fund a lo ng term endowment.
This concept would be an exception to issuing additional TDRs t o all Sending lands regardless of
location. However, the end goal would be to put equal numbers of TDRs in Sending owners’
pockets at the same expense. When considering the opportunity provided to South Belle
Meade Sending owners by State acquisition, this provision would be in line with equitable
treatment or rough equivalence. Sending Owners would benefit from knowing that the
conveyance TDR is available to them, along with any other bonus TDRs. Receiving owners
would benefit from the availability of TDRs in general, based on added market liquidity.
Financial return to participating Sending owners would be equivalent regardless of location.
3. Option 3- Green Utility Fee/ County Environmental Separate Fund
An idea presented by a panelist at Public Workshop #2 was a “Green Utility Fee.” This could be
a fee determined on the basis of land use and applied Countywide. No doubt, it could be
designed in many different ways. One purpose, like the two Options listed above, would be to
provide a fund from which properties donated to the County could be restored and
maintained.
If initiated by referendum, dedicated millage could fund several environmentally based and
related needs from a special fund, allowing the BCC to make annual budget determinations
according to annual priorities. For example, the dedicated millage could serve a stormwater
utility in its efforts to restore or improve watershed projects in different locations w ithin the
County’s sub-basins, could be used to fund perpetual maintenance of Conservation Collier
holdings, and could be used for TDR bank capitalization. As noted in the TDR bank discussion
(Appendix C), the bank will ultimately realize a return of initial capital, which could then be
RFMUD White Paper BCC Workshop 01/03/2017 Page 52 of 62
allocated by the BCC for perpetual maintenance of County holdings such as Conservation Collier
Lands or Sending Lands, to additional hydrologic projects, or to other environmental initiatives.
Staff initial recommendation:
Study the idea of a Collier Environmental Fund and consider whether it should be the subject of
a County-wide referendum. Allow various complementary uses of the dedicated fund to
support County environmental initiatives.
Given its close association with hydrology issues, the concept might also be part of the
Stormwater Utility Fee currently under study; revenue could apply to green infrastructure that
benefits water quantity, quality, recharge or flood control. Additionally, the green utility fee
might encompass a dedicated millage for both County-wide “green” initiatives and the TDR
bank capitalization discussed at Sending (C.3).
4. Option 4- Model Land Management Plan and Private Ownership
There are circumstances where a private Land Management Plan would be optimal. Some
owners do not wish to give up ownership of their land, although they wish to engage in the
TDR process up to that point. For example, land holdings are planned as natural amenities of
nearby development areas in the western part of South Belle Meade, adjacent to the Urban
Residential Fringe. Another example is land maintained for a hunting lodge, where TDRs have
been severed from all but 5 acres to make it possible, but no conveyance TDRs are issued.
Although applicants for Restoration and Maintenance TDR credits would be required to submit
or commission an environmental consultant, the basics of the Land Management Plan and
required elements would be in place, eliminating uncertainty and reducing costs to the
applicant.
Staff initial recommendation:
Provide a standard or model Land Management Plan for adoption by owners who wish to
provide Restoration and Maintenance activities in return for TDR credits.
Private owners would save time, cost and uncertainty in instances where they wish to maintain
ownership in their Sending land and also participate in the TDR process.
E. OTHER PROGRAM SUGGESTIONS
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1. Adjust property appraisal for tax benefit on TDR severed lands.
Staff reviewed the taxable values associated with Sending Lands where TDRs have been
severed. It was found that the land use code assigned to these lands, and the associated value,
varies greatly. Collier County Property Appraiser’s Office, a Constitutional branch of County
Government, agrees in principle to review market value appraisals where base TDRs are
severed. Given the limitation of development rights on such privately maintained land, its lower
market value may result in lower tax assessments.
Staff has discussed this issue with the Property Appraisers Offices and stands ready to assist
with any data needed by that agency.
Staff initial recommendation:
Staff should provide any data needed to the Property Appraiser’s Office in support of its efforts
to review tax assessments based on appraised land values and resulting tax assessments in
Sending Lands.
Improved assessment outcomes are favorable to Sending owners who have severed
development rights but have not transferred ownership. No parties are adversely affected.
2. Allow County-owned (post-conveyance) Sending land to be used for recreational uses.
Currently, approved Land Management Plans include only passive recreational uses, consistent
with the permitted uses after severance in Sending Lands. The GMP could conceivably contain
conditional uses that expand the range of recreational uses, where the County takes ownership,
such as North Belle Meade.
In general, permitted uses limit recreation to “passive parks and passive recreation uses”. By
definition, passive recreation is “characterized by natural resource emphasis and non -
motorized activities”. There may be appropriate instances where motorized uses are consistent
with environmental preservation. For example, the County may wish to create a modest eco-
tourism site for residents and visitors, allowing some off-road transport to and from different
locations, or accommodating persons with disabilities to visit some locations.
Staff initial recommendation:
County-owned land in North Belle Meade should qualify for conditional use approval for
expanded recreational uses, if compatible with environmental goals. Definitions of “active” and
“passive” recreation will require further vetting.
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County residents may enjoy greater use of and access to natural areas. No known negative
impacts on stakeholder groups.
3. Allow clustering of density on large tracts of land
Where parcels or assemblages allow for more than one dwelling unit under base density (1 unit
per 40 acres), owners may wish to cluster the units in closer proximity to each other, to
infrastructure, etc. Currently, there is no opportunity to create a better de velopment plan than
1 unit per 40 (separate) acres.
Allow large land owners to cluster dwelling units, retaining the 1 unit per 40 acre standard, but
also allowing 1 additional clustered unit for each additional 40 acres retained.
Where development rights are retained on large parcels, owners would enjoy better design
alternatives. No stakeholders would be adversely affected.
NEUTRAL LANDS:
1. Allow for some participation in the TDR program as allowed in Sending area.
Neutral Lands typically enjoy the same uses and restrictions under the RFMUD as were enjoyed
under the base agricultural zoning prior to TDR program and RFMUD adoption. However, unlike
Sending owners, Neutral owners have no ability to generate and sell TDR credits.
Parcels in the Neutral lands can be subdivided into 5 acre parcels, allowing for greater
residential density than would be allowed in the Sending Lands. Other non-residential uses are
allowed, including agriculture and conservation.
Permanent agricultural use or permanent conservation easements are appropriate in Neutral
Lands where the quality of the conserved use is demonstrated. In fact, these additional
reservations should be encouraged.
County staff could make administrative review and approval of applications based on
environmental criteria in the Land Development Code. Conservation areas would remain in
private ownership and would require conservation easements. Likewise, agricultural uses can
be encouraged on Neutral Lands by generating TDRs for permanent agricultural easements, as
was suggested for Sending areas.
Staff initial recommendation:
Allow TDR credits for agriculture and conservation uses where the uses are secured by
perpetual easements.
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Neutral owners of larger parcels would be provided with a viable choice in preservation of land
instead of 5 acre development. The total additional TDRs generated from this change would be
very small in comparison to all likely Sending TDRs, and so would not impact Sending owner
expectations to any significant degree.
2. Minimum Project Size
One additional right provided to Neutral owners within the RFMUD is the ability to “cluster”
development. For example, a 40 acre parcel could be subdivided into eight 5 acre parcels; or,
using the clustering rules, could place 8 dwelling units on the parcel in closer proximity to one
another, fostering the possibility of greater efficiency in infrastructure, among other
advantages.
Like the recommended change within Receiving Lands, advantages to clustered development
would appear to apply to parcels smaller than 40 acres. Efficiency in shared resources as well as
social advantages are possible. No increase in overall density would result.
Staff initial recommendation:
Remove the 40 acre minimum project size for clustered development .
This recommendation would benefit Neutral owners of properties 10 acres or greater by
providing alternative design possibilities. No other stakeholder group is affected.
RECEIVING LANDS
A: LAND USE AND ECONOMIC VITALITY
Growth presents a tremendous opportunity for progress. It also presents many challenges.
What, where and how we build have major impacts to our community and resident’s quality of
life. The Receiving lands within the RFMUD total 28,054 acres, of which, 14,531 acres remain
vacant and undeveloped. This is where growth will occur in the RFMUD.
Currently, the RFMUD provides for an increase in development rights with the us e of TDRs
within Receiving lands. Density can be increased using two forms of development, 1) cluster
residential, and 2) villages. To date, the only development pattern occurring in the Fringe is
cluster residential development in the form of gated communities such as Naples Reserve,
Hacienda Lakes, Lords Way, San Marino, Lido Isles, Rockledge (in Urban Fringe at 2.5 units per
acre), Twin Eagles South, Lamorada, Mockingbird Crossing, and the Golf Club of the Everglades
(in RFMUD at 1 unit per acre). These developments have an approved total of 6,786 units, the
majority single family. While these communities are attractive, this single-dimensional
RFMUD White Paper BCC Workshop 01/03/2017 Page 56 of 62
development pattern furthers Collier County’s challenges of diversifying the economy,
providing affordable housing and financing an overburdened roadway network.
During the public workshops participants were clear; the preference for new development in
the limited available land in the Receiving area is something different than gated
communities. Participants were more favorable towards standalone business/commercial, and
mixed-use development. They want to see employment, goods and services, and a mix of
housing types in the Receiving areas.
One of the most common suggestions for program improvement was to allow employment and
goods and services outside of the Village concept. Currently, commercial uses in Receiving lands
are limited to locations within approved Villages with a maximum of 10% of the total village
area and 10,000 SF leasable floor area per acre. Consensus was found in the need to change the
requirements to promote commercial uses within the Receiving lands, not only to support the
residents within the Receiving lands, but also for the surrounding area. It was suggested that
Rural villages envisioned within receiving areas don’t provide sufficient commercial capacity,
and the design criteria for commercial locations within the villages isolate them from major
transportation corridors making them infeasible. There should be greater incentives for
employment, industrial uses, agriculture research, and technology development.
While consensus demonstrated the RFMUD should better support commercial uses, it was also
suggested by one commenter that the RFMUD plan is not compatible with the Golden Gate
Area Master Plan; it eliminates functionality because it creates lost commercial opportunities
for the Estates in the RFMUD Plan. The members of the Golden Gate Estates Area Civic
Association expressed their thoughts by letter dated April 19, 2016 saying, it is imperative that
changes in land use in the RFMUD which borders the Estates be permitted to provide services
and employment to compliment the build out of the Estates. The RFMUD can also provide
opportunities for employment, economic development, and needed recreational activities to
Collier County as a whole.
In addition to the suggested changes to commercial uses, many participants expressed desired
adjustments to residential uses. The RFMUD clustering provisions currently requires minimum
of 40 acres to allow a density increase from 1 unit per 5 acres, to 1 unit per acre. It was
suggested to increase base rights for properties less than 40 acres, or to all together eliminate
the 40 acre minimum. Some participants thought base rights should increase to 1 unit per 2.5
acres for 5 acre tracts, others thought is should go up to 2 units per acre.
Changes in Village density were also suggested and highly supported by the data and analysis
referenced in Section 3 of this white paper. “Smart growth” principles support sustainable
RFMUD White Paper BCC Workshop 01/03/2017 Page 57 of 62
development patterns that are multi-dimensional, provide for a demographic mix, and support
transportation choices; density should be an optimum of 7 units per acre. Increasing the density
in the RFMUD will allow greater diversity in residential product, greater efficiency in providing
infrastructure and services and lower development costs.
Participants were supportive of increased density, and they were passionate about the need to
address affordable housing saying, it needs to be a much higher priority in the discussion [of
the RFMUD). The Rural Fringe Mixed-Use District plan must have a dynamic affordable
housing component built into the plan to avoid both the affordable housing and future
workforce crisis. Without it our community will suffer. Currently, the RFMUD addresses
affordable housing only in the village concept; “A minimum of 0.2 units per acre in a village
shall be affordable housing, which at least 0.1 units per acres shall be workforce housing.”
These units are required to use 0.5 TDR credits. Affordable and workforce housing is an on -
going challenge for Collier County. Collier County has just initiated the first comprehensive
housing plan to address the needs for affordable housing. This plan is reported to be completed
by September, 2017. Community Planning staff will closely follow this planning effort and bring
forward recommendations implementable through the Comprehensive Plan.
Robert Hickey, Senior Research Associate at the Center for Housing Policy, suggested a few
methods currently being utilized to work towards broadening housing affordability during a
workshop sponsored by United Way. One of the suggested methods can be implemented in the
RFMUD and that is “allowing mixed housing such as apartments/condos, manufactured homes,
cottage housing and micro homes. This widens the diversity in housing markets, allowing
residents to have more affordable alternative options when looking for housing.” Participants in
the RFMUD restudy have supported the idea of a mix of housing with particular focus on
reducing the required size of units. With the positive national trend in “tiny” or micro homes,
the RFMUD can support affordable housing by promoting the acceptance of the size limitations
of 600 sq ft. found in the residential zoning districts. Additional recommendation s addressing
affordable housing may be incorporated into the RFMUD amendments as influenced by the
comprehensive affordable housing plan.
Staff initial recommendations
1. Promote economic vitality in the RFMUD by allowing employment uses outside of
Villages as defined in the industrial and business park zoning district (with exceptions) in
locations with access to major collector or arterial roads.
2. Within a Village, remove the maximum acres and leasable floor area limitation of the
Village Center and the Research and Technology Park.
3. Explore designating Receiving areas as Innovation Zones.
4. Eliminate the maximum size of a Village.
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5. Consider new measures for mixed-use standards, such those found in RLSA
6. Modify residential density standards:
Clustering – remove 40 acre minimum, increase density to 2 units per acre; (higher
density for affordable/workforce only projects)
Village – increase density to 7 units per acre
Change minimum Village density to 4 units per acre
7. Development over 300 acres shall use the Village option.
8. Modify the TDR requirements:
a. Change from 1 TDR to .75 TDR for multifamily unit.
b. Change from .5 to 0 TDR for affordable housing
c. Density over 4 units per acre requires 0 TDRs.
d. No TDRs for industrial/business park uses.
“Opportunity Naples” is a report that heightens the awareness for the need to div ersify the
economy, particularly in eastern Collier County. The report found that Collier County needs
more suitable, large-scale, pad-ready development sites. Collier County as a whole will benefit
from recommended changes allowing business uses in the RFMUD.
Increasing density, improving mixed-use requirements and adjusting the TDR credits will
promote a diverse and more affordable community, expand mobility choices and engage a
healthy and active lifestyle – the development trends sought after by employers, employees
and baby boomers.
B: TRANSPORTATION AND MOBILITY
The RFMUD is served by a congested arterial network with limited funding for improvements.
While development will help pay for impacts to the network, promoting a mix of land uses that
shorten trips into the urban area, and is served by transit, will help offset the ever increasing
roadway needs.
A majority of public comments on transportation emphasized the need to increase roadway
network connectivity surrounding the Receiving areas, at the same time keep speed low (< 36
mph). Low speed along with additional wildlife crossings is essential for wildlife preservation.
Connectivity is important not only within the Receiving lands, but also connecting surrounding
areas to destinations within the Receiving areas such as future employment, goods and
services. Other transportation comments support including transportation alternatives such as
bus transit.
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There is considerable attention given to transportation planning in eastern Collier County. The
transportation study surrounding North Belle Meade will furth er inform the transportation
network needed to support the RFMUD. Further consideration and implementation of the
techniques identified in the Master Mobility Study will advance Collier County’s goals to achieve
a multi-modal community.
Staff initial recommendations
1. Analyze arterial roadway and utility capacity issues surrounding Receiving Lands.
2. Review roadway design standards and suggest changes if necessary to support
Complete Streets and low speed.
3. Add provisions for transit stops and park and ride facilities within Villages and business
parks.
4. Develop a methodology for a Mobility Analysis including a standard of measuring a
development’s level of interconnectivity such as a “link-node” ratio, and the transit,
bicycle and pedestrian coverage and connectivity with a project and surrounding
destinations.
The community as a whole will benefit from a multi-modal system that provides for all users,
reduces trip lengths and supports greater efficiency in our transportation network.
Stakeholders with development interests in the RFMUD should participate in the development
of any new methodology created for a Mobility Analysis.
C: DEVELOPMENT STANDARDS AND PROCESS
During the public workshops participants were clear; within the Receiving lands they want to
create more than houses, a defined place, a live, work, play approach to promote thoughtful
community design. Some were so specific to say limit gated communities. The finding of this
report and the community input supports greater incentives for village development to
promote mixed-use in the RFMUD.
To incentivize mixed-use development and business park uses, the development community
shared ideas that are process related. Overall, the idea is to find ways to reduce the risk
associated with mixed-use development while also providing greater flexibility. Suggestions
included, maximize opportunities to develop in Receiving lands through the mostly
administrative SDP or Planning processes (subject to compliance with adopted design and
development standards). Establish maximum flexibility and administrative or hearing
examiner approval process for LDC deviations, and modify the process to follow the SRA
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designation process where an application for a Receiving Area Village is approved by simple
majority vote by BCC. Other participants support the idea to ensure that the current public
hearing process for approval of new development within the RFMUD is retained .
Specific design standards should be kept to a minimum and should b e placed in the LDC, only
as guidelines or in some cases as baseline standards. Wherever possible, provide for
incentives rather than regulations to achieve design objectives. Create opportunities for
additional flexibility in designing mixed-use projects within receiving lands.
Recognizing the distinct differences and potential for each of the Receiving Areas, participants
support the idea to establish separate overlays for each of the four distinct Rural Fringe
development areas, similar to the North Bell e Meade Overlay which has its own set of
development standards. This could be accomplished through Land Development Code
amendments. At a minimum, specific design standards found in the Growth Management Plan
should be moved to the implementing LDC, and th e LDC standards should be carefully reviewed
and amended to support the design concepts identified herein.
Developers and industry leaders report that a hurdle to more intense, mixed-use development
design is the added cost of impact fees. As stated in Section 3 of this white paper, other
communities’ successful implementation of a mixed-use impact fee has shown a ten to thirty
percent reduction in impact fees. This reduction could be another strategy to incentivize the
type of development desired in eastern Collier County.
Staff initial recommendations
1. Consider adoption of zoning overlays, or separate area design standards to provide
greater certainty for developers
2. Allow BCC simple majority approval when complying with zoning overlays.
3. Require a housing analysis with a Village application that demonstrates a percentage of
employees within the village will have housing accommodations within the village.
4. Initiate study to create an impact fee index for mixed-use.
5. Explore with Collier County Health Department the creation of Health Assessment
Index.
6. Review and modify design standards within the Growth Management Plan and Land
Development Code for greater flexibility while supporting the intent of employment
zones and mixed-use development, suggest modifications to standards e.g., remove
greenbelt requirement.
7. Develop further incentives for innovative features such as solar power, zero net water
use, aquifer storage and recovery systems.
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The adoption of zoning overlays could allow both the developer and the public greater certainty
in the development standards for Receiving Areas. Modifying some approval processes could
allow complying projects to proceed with minimal delay. The intent of the modifications is to
diversify the mix of uses including residential product, provide greater certainty, and to support
economic development in eastern Collier County.
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Appendix A
Rural Fringe Mixed-Use District Restudy
Public Outreach
January – May, 2016
Appendix A Page 1 of 91
Rural Fringe Mixed-Use District Restudy
Public Workshop #1
Introduction to Sending Land
January 6, 2016
Introduction:
With the purpose to inform the public and become more informed by the public, Collier
Community Planning staff, along with consulting partner AECOM, began a series of six public
workshops, the first three centered primarily on the Rural Fringe Mixed-Use District (RFMUD).
This series preceded the workshops intended to discuss Receiving and Neutral Land uses,
densities, development standards and the like.
Letters were mailed to over 800 individual land owners informing them of the Restudy and
upcoming meetings. Many owners live in other cities and states. Therefore, program specifics
and opinions for this target segment were shared by telephone and email.
Appendix A Page 2 of 91
Our first outreach meeting drew over 65 attendees. These included individuals and families
who have unimproved property in Sending areas, families who currently live or conduct
agriculture operations on Sending land, and other stakeholders such as environmental
interests, developers and consultants. The agenda included on overview of the RFMUD, TDR
concepts and basics, history of the program and current issues as identified by staff. The public
was invited to identify additional issues, either through the meeting format, through a
dedicated e-mail address, or via website survey.
Overall, there was strong sentiment from Sending land owners that the program should not
have been devised in the way it was, and many thought that the RFMUD governing provisions
should be abandoned altogether. Some came to understand that the program was created as a
result of litigation and the State’s Final Order, and given that compact, the County needed to
move forward and not back.
At the same time, most were grateful for a thorough discussion of how the program works
today, so that they could add suggestions for improvement during the Re study. Some initial
concerns expressed by smaller land owners were the lack of a viable marketplace to sell TDR
credits and the uncertainty of sale or sale price.
Appendix A Page 3 of 91
Meeting Summary:
1. Welcome and Meeting Objectives
Greg Ault, AECOM, consultant for the County addressed the attendees noting the Board of
County Commissioners has directed Staff to develop changes to the Growth Management Plan
including the Rural Fringe Mixed Use District (RFMUD). The purpose of the meeting is to obtain
public input on the areas designated as Sending Lands under the Program.
2. Overview and History of the Rural Fringe (RFMUD) TDR Program
Mr. Van Lengen presented a Power Point “Rural Fringe Mixed Use District – Introduction for
Sending Land Owners” and provided an overview and history of the Program noting:
The RFMUD was developed as a result of a 1999 Final Order stemming from litigation
(by the Collier County Audubon Society, Inc. and the Florida Wildlife Federation) that
addressed County land use planning issues including establishing the RFMUD.
The goals of the Order were for the County to adequately preserve wetlands, protect
critical species and wildlife habitat from unrestrained growth by directing it to
appropriate locations within the County.
One avenue implemented within the RFMUD District was a Transfer of Development
Rights (TDR) program which identifies sending and receiving lands administered through
a program of density credits.
The restudy of the area will focus on the Program’s goal of establishing smarter
development patterns, economic viability for those affected and optimal protection of
sensitive areas and species.
3. Introduction to Sending Land Issues
Mr. Van Lengen noted the sending program encompasses the “North and South Belle Meade”
areas of the County, in addition to other smaller sending areas farther north.
The density credits available for transfer include base credits (1 credit for a 5 acre parcel or 8
for a 40 acre parcel), an early entry bonus, credit for rest oration/maintenance and conveyance
to a governmental entity (each on the basis of 1 per 5 acres). The differences in program
specifics between North Belle Meade and South Belle Meade were covered in some detail. It
was also noted that watershed planning and transportation planning both need to be
considered in arriving at program changes.
4. Current Status of the Program
Mr. Van Lengen reported:
The Board of County Commissioners established an Oversight Committee to review
specific areas of the Growth Management Plan including the RFMUD.
Appendix A Page 4 of 91
The Committee will be meeting on a quarterly basis.
Staff will be holding a series of public meetings to garner input on the issues so
deficiencies in the Program may be addressed to ensure it functions as originally
intended.
The endeavor is anticipated to last approximately 2 years, with a status report delivered
to the BCC by the end of 2016, prior to the formal public hearing process.
A website has been developed by the County to facilitate the endeavor which will
provide information on the Committee, ongoing activities, questionnaires for the public
and contact information for Staff.
Owners are encouraged to provide input in any format they desire including writing
letters and/or emails, calling Staff directly, participating in questionnaires and public
meetings, etc.
5. Importance of TDR Program to Owners
The restudy of the area will focus on important issues to the landowners in cluding improving
the economic viability of the program, ensuring smarter development patterns and protecting
sensitive areas and species. Compensation to owners who elect to participate must be
addressed. It is important to keep in mind that the TDR program is optional; staff if available to
help explain the program so that individual owners can best satisfy their own interests. Aas a
restudy, staff is interested in owner input on how to improve the program.
During presentation and Question/Answer period, the following items were raised:
There may be increases to the density allowed in the Receiving Lands, however that
concept requires additional stakeholder input.
Along with base and early entry density credits, the Program allows credits for
restoration of sending lands with the owner developing and implementing a restoration
plan, participating in mitigation through a State or Federal Government program, or
linking to an existing approved restoration plan.
The Florida Fish and Wildlife Conservation Commission and other agencies participated
in the original development of the Program and will be providing input on any proposed
revisions to the Program. They also currently participate in the permit process.
Once an owner’s density credits in the Sending Areas are transferred to a party, the
sending land owner is free and clear of their use, with the receiving party bearing all
responsibilities for use (or non-use) of the credits. Credits can be held for an indefinite
period of time.
One option under consideration is developing a land bank for the credits to facilitate the
owner’s ability to transfer sending land credits to an outside party.
Appendix A Page 5 of 91
The boundaries originally approved for the areas in question will remain unchanged;
however the County is seeking to improve the Program with the assistance of the
landowners affected by the land use requirements.
Consideration will be given to expanding the allowed uses in the receiving areas and
increasing the number of credits made available from sending areas to help balance the
program, given that there is likely a larger demand for credits than those available under
the Program.
The County will be examining the land values and economic parameters of the Program
with the recognition the current system does not reflect market values or a balance
between supply and demand. Economists at AECOM will be assisting in this part of the
endeavor.
Another aspect the County will be reviewing is the “exchange process” as they recognize
under the current format it is a cumbersome endeavor for those involved in the
Program.
The program will accommodate the principles adopted by the BCC in the Watershed
master Plan. Interested citizens are reminded that they may wish to attend or monitor
the Comprehensive Watershed Improvement Program (CWIP) ad hoc committee
meetings to learn more.
Commissioner Nance addressed the attendees noting he has owned property in the Program
area since the 1980’s and was not in favor of the settlement given the means the landowners
rights were compromised. He is advocating the restudy and recognizes the Program is not
functioning as intended.
Commissioner Nance noted the Program was State Mandated and the County recognizes, at
this point it is not feasible to propose eliminating the Program or changing the boundaries
established. The goal is to increase equity in the Program and allow the owners with sending
lands to obtain fair values for their properties.
6. Interactive Discussion/Activity and Questions
Mr. Ault encouraged attendees to provide written comments on the cards provided at the
meeting or communicate with Staff through any other means they feel comfortable.
A questionnaire has been developed and available on the website which aid Staff in addressing
concerns identified by interested parties. He requested the owners participate in this endeavor.
It can be found at the interactive content button, via website:
https://www.colliergov.net/GMPrestudies.
Appendix A Page 6 of 91
7. Wrap-up and Next Steps
Mr. Van Lengen noted the next public meeting is scheduled for January 27, 2016 at 6:30pm.
The agenda will center on North Belle Meade and the need for long term ownership and
maintenance for properties that use the TDR program.
STAFF PRESENT: Commissioner Tim Nance
Kris Van Lengen, Community Planning Manager (Staff Liaison)
Mike Bosi, Director, Planning and Zoning
Anita Jenkins, Principal Planner, Community Planning
Greg Ault, AECOM, consultant
Appendix A Page 7 of 91
Rural Fringe Mixed Use District Restudy
Public Workshop #2
Focus on North Belle Meade Sending Land
January 27, 2016
Introduction:
This public workshop focused on the topic of the Rural Fringe Mixed Use District Master Plan
(Plan) North Belle Meade Sending area, the associated issues, and generating ideas for
potential solutions. Despite a heavy rain event through the afternoon and evening, over 50
people attended.
Staff presented a brief overview of the Plan and highlighted the issues unique to the North Belle
Meade Sending area (see panel questions, below), with explanations of each issue. The
presentation also featured a summary of the public comments provided at the first workshop,
and the comments provided from the on-line Sending area survey.
Following the staff presentation, a panel was seated to discuss possible solutions to the North
Belle Mead issues. The panelists were Bob Mulhere – Planning Director for Hole Montes, Nancy
Payton – SW Florida Representative for Florida Wildlife Association, and Tim Durham – Senior
Ecologist for Passarella & Associates. Five questions were asked for each panelist’s response.
Panel Summary:
Five questions posed to panelists and their responses.
In Sending areas (where development rights have been removed), what should the fulfillment
of conservation goals as conceived in the Plan look like, say, in 20 years?
Appendix A Page 8 of 91
Panelist 1. Natural Resource Protection Area (NRPA) will be under Collier ownership through
conveyance/willing sellers and managed by Conservation Collier. NRPA will be rehydrated via
Golden Gate Canal diversion, no reservoir. Wildlife crossings or land bridge to connect NRPA
and Picayune Strand Forest. Currently listed species such as the red-cockaded woodpecker will
be thriving. Collier County will be implementing a North Belle Meade Habitat Conservation Plan
for public infrastructure (roads). NRPA becomes destination for pa ssive nature-based recreation
Panelist 2. There is a single management entity for Sending Lands, maybe best option
Conservation Collier. There is hydrologic sheet flow. Public access for passive recreation. There
is significant land connectivity.
Panelist 3. Lands are available to public for active recreation such as horseback riding, camping,
fishing, and biking. Landowners in Sending area received fair deal and were made whole.
If the current pattern of fragmented ownership and maintenance continues, what issues would
persist?
Panelist 1. With lack of connectivity the same issues today will continue with hydrology and
listed species. Exotics will continue to be a problem. If lands are fragments the Plan hasn’t been
successfully completed with fair compensation to land owners.
Panelist 2. The issues continue with hydrology, economics of land management, and exotics.
Panelist 3. Plan goals will not be met – Final Order settlement in question. Inability to manage –
remove exotics, restore habitat, enforcement. Natural resource values and wildlife use will
diminish
What alternatives can you suggest to achieve the vision you first described? (e.g., ownership
alternatives; management alternatives?)
Panelist 1. Make sure adequate compensation is provided. Simplify the Plan; err on making the
landowners whole.
Panelist 2. Collier County must step forward to accept the Transfer of Development Rights
(TDR) conveyance lands. Accept land and bank TDR restoration/endowment money until
management can be “conservation of scale;” in the interim, possibly a land trust. Swap program
between NRPA and isolated western sending lands. North Belle Meade Habitat Conservation
Plan - county mitigates infrastructure impacts in North Belle Meade to help secure large blocks
of conservation land.
Panelist 3. Increase the TDRs that Sending can generate. There are issues with the cost of
restoration and what a landowner gets in return. The process for TDRs must be simple.
Appendix A Page 9 of 91
Consider allowing the use of TDRs to mitigate for urban area infill native vegetation
requirements. Make it easier for landowners to sell credits.
What funding mechanisms can you envision that might be feasible to allow consolidation of
responsibility for restoration and maintenance? (e.g., more TDR credits, gran ts, mitigation
banking, etc.)
Panelist 1. Mitigation bank, or ROMA, may be relevant, but can have challenges. Need to put
together the numbers for maintenance cost so it can be better understood what is feasible.
Panelist 2. Revive Conservation Collier. Maybe a “green utility fee.” Use mitigation for wetland
and wildlife. Partner with downstream communities and agencies that benefit from North Belle
Meade rehydration. Panther Refuge is interested in expansion. There are other plans and
programs that could coordinate to get results.
Panelist 3. Use TDRs in urban area for native vegetation mitigation.
Do you have a preferred alternative for ownership and long term maintenance, among the
ideas that have been suggested?
Panelist 1. Ownership Collier County, and long term maintenance Conservation Collier.
Panelist 2. Collier County is best alternative.
Panelist 3. Preference is Collier County, would like to see State park with active recreation.
Following the panel discussion, the audience provided their comments.
Public Discussion
Consider increasing TDR demand by decreasing the Receiving area minimum of 40 acres.
Make Receiving areas more attractive to worldwide developers, like Celebration, FL.
Concerns that the program is the big guy vs. little guy, and animals vs. people.
Concerns that eminent domain is coming.
Assessed value of land is more than the value of a TDR. No incentive to create TDR.
To increase land connectivity and management efficiency, consider working with landowners
that have established mitigation lands to convey them to Collier County, with their funds for
maintenance.
Big developers have their own Sending lands and credits so don’t need to buy others.
A non-regulatory R&M should be considered as part of the feasibility for mitigation- i.e. non-
mitigation might be simpler and less costly overall.
STAFF PRESENT: Commissioner Tim Nance
Appendix A Page 10 of 91
Kris Van Lengen, Community Planning Manager (Staff Liaison)
Mike Bosi, Director, Planning and Zoning
Anita Jenkins, Principal Planner, Community Planning
Greg Ault, AECOM, consultant
Panel Biographies
Tim Durham – Senior Ecologist for Passarella & Associates
Tim Durham has over 30 years experience as the lead environmental consultant for a variety of
projects in Florida and the southeast U.S. He has extensive experience preparing local, state
and federal permitting documents, providing listed species evaluations, and designing and
permitting wetland mitigation and habitat conservation banking. Tim has a Bachelor of Science
degree in civil engineering for the University of Florida and is a member of the Association of
Environmental Professionals and Society of Wetland Scientists.
Nancy Payton - Florida Wildlife Federation
Nancy Payton joined the Florida Wildlife Federation (Federation) in 1994, the same year the
Federation opened its Southwest Florida Office in Naples. The Federation was founded in 1936
and is the state affiliate of National Wildlife Federation. As the Southwest Florida Field
Representative, she coordinates the Federation’s Western Everglades rural lands and wildlife
protection campaigns. These campaigns include growth management, native wildlife
protection, land conservation, and habitat preservation.
Bob Mulhere - Director of Planning for Hole Montes, Inc.
Bob has more than 27 years of professional planning experience. Prior to employment at Hole
Montes, Mr. Mulhere operated his own consulting firm. Between 1989 and 2001, Bob was
employed by Collier County Government and was the Director of Planning from 1996 through
2001. Mr. Mulhere holds a B.A. in Political Science from St. Michael’s College and a master's
degree in Public Administration from Florida Gulf Coast University. In 2010 Bob was named a
“Fellow” of the American Institute of Certified Planners (FAICP).
Appendix A Page 11 of 91
Rural Fringe Mixed Use District Restudy
Public Workshop #3
Sending Land: Economics and Ideas for Change
February 16, 2016
Introduction:
The third of three initial public workshops, all focused on Sending issues, included two major
components. First, staff provided an overview of the economic considerations involved in TDR
transfers from a Sending Land owner’s point of view. Second, a list of changes suggested by the
public was vetted using a table-top group approach; results were shared with all attendees.
Again, over 50 people attended; most had attended at least one previous meeting; for eight
individuals it was first exposure to the Sending Land meeting series.
Meeting Summary:
After a refresher on some basic TDR rules as they exist, staff presented a number of facts and
observations concerning the economics of transfer. First, the likely supply and demand under
current regulations and under potential changed regulations was examined. Next, data derived
from arm’s length TDR credit sales (past three years) were compared with land sales over the
same period of time, noting significant differences depending on location. The public noted
that, depending on the geographic area of a Sending parcel, motivation to enter the program
could be significantly different. Finally, staff introduced the concept of a TDR bank: types of
Appendix A Page 12 of 91
banks created in various TDR programs nationally, and the pros and cons of doing so.
Suggestions, questions and answers followed.
Mr. Van Lengen presented a Power Point “Sending Economics and Ideas for Change” noting:
The RFMUD was developed as a result of a 1999 Final Order stemming from
litigation (by the Collier County Audubon Society, Inc. and the Florida Wildlife
Federation) that addressed County land use planning issues including
establishing the RFMUD.
The goals of the Order were for the County to adequately preserve wetlands,
protect critical species and wildlife habitat from unrestrained growth by directing
it to appropriate locations within the County.
One avenue implemented within the RFMUD District was a Transfer of
Development Rights (TDR) program which identifies sending and receiving lands
administered through a program of density credits.
The credits for a parcel 5 acres in size are 1 base credit, 1 early entry credit, 1
Restoration and Maintenance credit, 1 conveyance credit, total potential = 4
credits.
The credits for a parcel 40 acres in size are 8 base credits, 8 early entry credits, 8
Restoration and Maintenance credits, 8 conveyance credits, total pot ential = 32
credits.
The restudy of the area will focus on the Program’s goal of establishing smarter
development patterns, economic viability for those affected and protection of
sensitive areas and species.
If you own a parcel platted prior to 1999 in the sending areas you may either
hold the parcel, enter the TDR program, build a home, sell the parcel to someone
else to build a home or use it agricultural purposes.
An owner is not required to participate in the TDR Program. There are many
legitimate reasons not to participate.
Those in the program may sell their credits to willing buyers for a pre-established
rate of $25,000 per base credit; a typical arm’s length sale bundles a bonus credit
at $3,000 for a total of $28,000.
Additional credits are available for restoration, maintenance and conveyance.
Arm’s length transaction analysis (staff) shows that the true value of TDRs
between willing sellers and willing buyers is approximately $13,500 per credit;
the Coalition estimated an approximate value at $14,000.
1. Economics:
Your rights; supply and demand; recent data; banking concepts
Mr. Van Lengen reported a study has completed in the Belle Meade area identifying the
following fair market land values:
Appendix A Page 13 of 91
South - $6,000 per acre
North East - $3,500 per acre
North West - $12,500 per acre
He outlined the following examples to determine the funds a sending land owner may derive
from the sale of their land or entering the Program. The analysis is based on a 5 acre parcel. It
was emphasized that these values represent median sale prices within the past 3 years; they do
not predict the value of any individual parcel, as parcel values within these sub-areas vary
considerably based on a great number of factors.
South
Fair market value - $6,000 per acre x 5 acres = $30,000 market value
TDR Program - $27,000 per acre (base/early entry credit) + $27,000 restoration
maintenance (- $10,000 restoration and maintenance costs) = $44,000 net proceeds.
Economically viable/advantageous to participate in the TDR Program.
North East
Fair market value - $3,500 per acre x 5 acres = $17,500 market value.
TDR Program - $27,000 per acre (base/early entry credit) + $27,000 restoration
maintenance (-$30,000) for restoration and maintenance costs) = $24,000 net proceeds.
Not economically feasible to participate in restoration maintenance aspect of the
Program.
North West
Fair market value - $12,500 per acre x 5 acres = $62,500 market value.
TDR Program - $27,000 per acre (base/early entry credit) + $27,000 restoration
maintenance (-$30,000 restoration and maintenance costs) = $24,000 net proceeds.
Not economically feasible to participate in Program.
Appendix A Page 14 of 91
Mr. Van Lengen noted the following:
The means currently available for transfer is through a “Commodity Exchange.”
The Exchange consists of Certificates issued by the County which may be held by
the owner indefinitely and redeemed at platting.
The County does provide technical assistance to the owners.
One concept under consideration is a TDR bank where the banking entity would
buy and sell the credits.
The bank would have the same attributes as the Commodity Exchange and
would directly or indirectly set prices for credits.
It could be operated by the County or an outside agency.
The advantages would include ready buyer for the sending lands owner and
stabilize the market prices.
The disadvantages include the upfront costs to develop and ongoing
operating costs, economic risk to banking entity.
Property taxes are required by the landowner until the credits are conveyed.
Currently there is a registry list of sellers however the concept is not performing
well.
Credits can be resold with no limit on the number of transfers.
Under public comments the following was noted:
Concern the developer is being asked to protect lands under the concept and the
current cost of a unit is not worth paying for given the return on investment.
Concern there is not a large enough quantity of receiving area for use of the
credits – Staff believes there is large future demand. Timing may be an issue.
Concern on maintaining restored lands until conveyance - Staff reported the goal
is to make the program more appealing by aligning the supply and demand for
the credits.
Following the economics portion, attendees participated in a review and ranking exercise,
looking at several suggestions made by various stakeholders.
Break Out Group Findings
A: Credit Systems
1. (RANK) If additional TDR credits can be generated to enhance the returns of Sending Land
Owners and make more credits available to buyers, rank the following in order of
preference (1-6) as a basis for awarding more credits:
a. Land where habitat value is highest
Appendix A Page 15 of 91
b. Land that can accommodate a flow way
c. Land that retains agricultural uses for a period of time
d. Land that requires a higher level of restoration
e. Land located in the NRPA overlay (excludes North Belle Meade- West)
f. All Sending Land regardless of location or attributes
Five groups found F to be the most important o It incorporates all enhancements
There was no general consensus amongst groups regarding second and third credit
priorities.
One group thought location/access/value of land should be an option
2. Should the $25,000 minimum price for a Base TDR Credit be eliminated? Why/Why not?
Yes because the price is average
No it limits sales, remove the set price
Yes because it is a minimum starting point for negotiation. However it should be per
acre not per 5 acres.
No
Yes because it creates a free market. Assessment should be in sync with TDR value.
Value needs a starting point.
No it’s arbitrary.
Yes/No tie
3. Should credits be used outside of the Receiving Areas for any purpose? Where? Why?
No
Yes but only in urban areas
Yes to anywhere in Collier County deemed suitable for development. This will allow for
an increase in TDR value.
Yes for existing urban areas. Credits should also be able to come from other areas.
Yes dependent on population growth. Perhaps Collier Blvd.
Yes at the Golden Gate Golf Course.
Appendix A Page 16 of 91
B: Program Management
1. (Y/N) Should application fees be reduced?
Yes
Defer cost until TDR is sold
Fees should be eliminated
Yes Eliminate fees
Yes, cheaper is easier
The TDR bank should be responsible
2. (Y/N) Should the County offer free workshop assistance to owners to complete the
severance process?
Yes
Yes it is beneficial to everyone
Yes
Yes
Yes
Yes. Need to know the process/rights/values/benefits/risks. Also would like to be
informed of the allowances prior to the TDR program as well as the intention of the
program.
3. What should be done to link Sellers with Buyers of TDRs?
List is sufficient
List of buyers
Create a bank
Committee with decision makers
County acts as the facilitator
Improve the information website
Create a bank
Establish a County bank
There is an obligation by Collier County
Perhaps a website with multiple listings
Let buyers find sellers
County advisors should know who to call/contact
County facilitation through education and public outreach
Appendix A Page 17 of 91
4. Should a TDR “Bank” be established? Who/what agency?
Yes by a third party to ensure easy purchase of large quantities of TDR credits.
Yes by Collier County
Yes if the TDR bank is free and acts solely as a meditation/facilitation process. Collier
County should be involved but there should also be a third party option.
Perhaps a not for profit bank
Yes because sender should not have the burden of cost
It would be easier if a TDR “Bank” were established
Developer
County
Who benefits? Profit/Non-Profit
C: Sending Land Management
1. Where owners decide to use land for agriculture (with agricultural easement):
a. (Y/N) Should the owner earn TDR credits? • Yes
No it seems to be a conflict of program
Yes because land is not being used for development
Yes under the condition that land has already been cleared or has no current habitat
value.
Yes
Yes although depends on the location and type of agriculture
b. (Y/N) If contiguous land exceeds 20+ acres, should owner also qualify for one additional
family home? • No, then seems no longer agriculture
Yes
Yes
Yes
Yes but should be on 5 acres instead of 20
2. Should Sending Land in TDR program be owned and maintained by numerous private
owners, or by very few larger managing entities? (participating land owners)
• The County should be NBM receivers
Program should be flexible enough to accommodate both
Yes
Coalition? Who maintains? To what extent of maintenance?
Numerous smaller entities
Appendix A Page 18 of 91
3. If larger managing entities, do you prefer the County, a State agency or a private agency
coordinate management?
• Collier County
Property owner should be responsible for management
Collier County
One entity
4. (RANK) Should long term maintenance costs be paid for by:
a. Donated land through a required contribution (from sale of credits)
b. A County mitigation program (fees that come from road building, for example)
c. A “green utility fee” paid by all County land owners (real estate tax)
All six groups identified B as the desired designee
Additional comments received during break out session:
Additional use in Sending Lands, Full restudy of program
MSTU
Property owners on 5 acres with existing homestead structure should be entitled to
some sort of TDR credit for promoting native habitat on those parcels- even if they
continue to occupy homestead
Appendix A Page 19 of 91
Rural Fringe Mixed-Use District Restudy
Public Workshop #4
Receiving and Neutral Lands: Future Development Potential
March 31, 2016
Introduction:
Following three public workshops with the focus of the Sending Areas and the Transfer of Development
Rights Credits within the Rural Fringe Mixed -Use District, the objective of the forth workshop was to
engage the public in a discussion of the Receiving and Neutral Areas and the developme nt potential within
these lands. Approximately 60 residents attended the workshop; about half had not attended any of the
previous RFMUD workshops.
To open the meeting, staff presented an overview of the RFMUD plan and process including how
development rights are transferred from Sending land to Receiving land. Information was then provided
about the development potential of the Neutral and Receiving Areas including how much vacant land was
in the different areas, and the allowed land uses, density and intensity. The participants were asked to
discuss the information and provide feedback on several questions about the development potential.
Appendix A Page 20 of 91
Meeting Summary:
Kris Van Lengen, Collier County Planning Manager, addressed the attendees, noting the Board of County
Commissioners has directed Staff to develop changes to the Growth Management Plan including the Rural
Fringe Mixed Use District (RFMUD). The purpose of the meeting, the first of at least two Receiving focused
meetings, is to look at the current rules and regulations of areas where TDR credits can be sent . Particular
emphasis is on design and functionality of these areas in the context of the greater geographic area,
including neutral and sending areas, as well as Golden Gate Estates and the Rural Lands Stewardship
Areas.
Mr. Van Lengen reviewed the scope of all four upcoming restudies, the process diagram indicating steps
necessary to complete Comprehensive Plan changes, the role of the Growth Management Oversight
Committee, historic goals of the Rural Fringe Mixed Use District, the out comes of the first three meetings
in 2016 involving Sending Land Issues and a timeline indicating a goal for September submission of
conceptual changes to the Board of County Commissioners in advance of the formal Hearing process
during 2017.
Anita Jenkins, Collier County Principle Planner, presented a Power Point on Future Development Potential
in Neutral and Receiving areas under current rules:
A review of the TDR exchange program
Density allowed before and after the program was first adopted over 10 years ago, when
only agricultural zoning was in place.
40 acres in Receiving areas are required prior to any increase in density via TDRs .
Uses allowed within the new designation of neutral, receiving and Village were illustrated -
some uses are voluntary; some encouraged, some required.
Open space and transportation components of development were discussed .
An illustration of nine developments that have redeemed TDRs for increased density was
presented.
Acreage and number of parcels for un-entitled land was presented to provide a sense of
scale and potential for future development scenarios in Receiving areas .
Similar background was provided to show the quantities of Neutral Land in the program.
Following Ms. Jenkins presentation, general remarks were made by attendees and scribed as follows:
Open space integration
How to regulate policy
Is there enough land to make a village? 100-200 Acres more ideal?
Village Regulation: Economic vitality
Opportunity to do something different
Private development dedication
Demographic and economic inclusion
Job creation
Appendix A Page 21 of 91
Village Acreage: 200acres
Mix-use development
Proximity to urban area
Greg Ault, Collier County consultant with AECOM, introduced a visioning session intended to engage
workshop participants in discussing potential development and it’s form and function . Participants were
invited to discuss four questions with small groups, approximately 6 to 12 persons each. The majority of
participants were land owners within the RFMUD Receiving areas.
Break out questions with reports from the six groups resulted in the tabulation of responses below:
1. What are the specific issues and/or concerns about the future growth and development of
the Receiving Lands Area?
Not liking it at all
Feel that support services and goods are close enough
Economics job creators outside of the Village to include scarce parcels
Availability of the TDRs and difficulty of acquiring-TDR Bank
Not much receiving land
Are we at capacity now? Ten years to build out?
70% of land dedication to open space seems excessive
Travel commute times are increasing
Additional wildlife crossings are needed
Fear the minimum of 40 acres will increase to 60 acres
o Prefer that the acreage minimum decrease instead of increase
Density increase
TDR limits development
No workforce or low-income housing available
No balance/variety in community design
The existing program caters to large developments, not to owners with small amounts
of acreage
This program is not meeting the base unit development for Collier County
There is currently no benefit for properties in the base rights category of 1-5 acres
Process for public input: essential services such as utilities, fire, schools, shopping
Roadway capacity: concerns (increase network “connectivity”)
Utility access
Quality of Life amenities
More than houses
Transition Areas
Increased population
Compatible uses
6L’s area potentially appropriate location for mixed use, business parks, non -residential
Appendix A Page 22 of 91
TDR required purchase makes process non-voluntary
Pricing mechanism: more expensive as time goes on
Not enough credits or sending areas to purchase
Retain agricultural uses/rights
Property appraiser impacts
Do developers want to buy in the RFMUD
2. What are the improvements/changes you would like to see happen in the Receiving Lands
study area?
Limit gated communities
TDR bank
Village regulation re-examined for economic viability
More density in concentrated area
Incentives with receiving area development for enviro protection
New definition of open space for public benefit
Develop some commercial uses in the east
Villages would be good but are there 300 acre parcels
Need more density per parcel
Villages should be 100 acres or 200 acres
20 acre parcels for clustering
Mixed-use, balance development
Live, work, play approach
Private development dedications: parks, streets, etc
Lack of starter homes, would like workforce housing
Smart growth- bike/pedestrian community, interconnectivity
Research/tech development, i.e. ag
Standalone commercial development
A defined place or urban core
Amenities: placement/ integrated
Walking;/biking safety
Demographic mix
Senses/experiences
Sense of arrival connectivity
Re-evaluate size of villages using economic modeling/evaluation to determine
appropriate village size
Smaller landowners need to be able to participate in the process, it is currently not
happening as well as it should
More flexibility within the same public hearing process
Look at “visioning” for larger receiving areas and plan at the la rger scale
Are cost credits appropriate/viable to utilization in receiving lands? If the credits don’t
work, we want to be able to get the development we want and need in receiving
Appendix A Page 23 of 91
Reducing minimum acreage size to increase density. i.e. 1 unit per 2.5 acre s for 5 acre
tracts
Transportation alternatives such as bus/transit
More thoughtful community design
TDR bank
Allow some sending/receiving flexibility to allow worthwhile regional goals
Bridge access- North Belle Meade (NBM)
3. What do you like best about the Receiving Lands area?
Existing natural conditions
Low density
Close community
Concept of TDRs and trade off of open space versus development
Chance to do something different than current urban style of development
Do we increase size limits of village or multiple villages
Define types of development allowed in each village
Has the ability to be developed reasonably
Nothing
Lower lands have a subtropical climate which provides a better quality of life
Accessibility on the south end to Miami/Naples (mixed opinion)
Flexibility: land acreage
Concentration of development
Reducing sprawl
Buffer area
Keep development (new) to receiving
Most appropriate area for development
Opportunity because of proximity to coastal urban area
Transportation corridor in place
4. Do your same opinions about the Receiving Lands apply to the Neutral Lands?
Allow for incentives to develop
Re-evaluate neutral lands on a periodic basis
No- neutral and receiving lands must stay separate
Yes, in reference to “nothing” comment received for question three
No response for question four, no knowledge of neutral lands
No, concentrate development to receiving
Concerned how much sprawl may impact development
Neutral lands were designed to be a rural area/lifestyle
Leave neutral as is and allow for discussion later
Andrew Sheppard, Collier County consultant with AECOM, wrapped up the workshop with a primer on
different kinds of development models that are possible in the sub-urban environment. He discussed the
Appendix A Page 24 of 91
economic, environmental and social elements that must be balanced to create sustainable communities.
Development must provide a return on investment, but also can allow some job creation through a mix of
uses. Environmental factors must balance the natural would and basic resources with human needs of the
inhabitants. Social factors start first with health and safety, but include associations through families,
churches, businesses and organizations. He defined neighborhoods as a ¼ mile or five minute walk from a
center point, noting that Villages can accommodate a number of neighborhoods within. Typically a central
space with a unique feature(s) provide identity, structure and meaning. He also highlighted the advantages
of a road network, rather than a single main corridor, for preserving walkab le and enjoyable places that
are more efficient for transportation. Compared to conventional models of development, these newer
models provide more open space, social interaction, and health benefits. The attendees were asked to
consider how they would like to live in a community, rather than simply asking what it would look like.
At the end of the workshop Mr. Van Lengen noted the next public meeting is scheduled for April 26, 2016
at 6:30pm at the same location. A follow up for participation will be provided, so that viewpoints on the
most important elements for community design can be provided by participants.
Wrap-up and Next Steps
Ms. Jenkins noted the next public meeting is scheduled for April 26, 2016 at 6:30pm. The agenda will
center on Receiving lands potential development and form
STAFF PRESENT:
Kris Van Lengen, Community Planning Manager (Staff Liaison)
Mike Bosi, Director, Planning and Zoning
Anita Jenkins, Principal Planner, Community Planning
Greg Ault, AECOM, consultant
Appendix A Page 25 of 91
Rural Fringe Mixed-Use District Restudy
Public Workshop #5
Receiving Lands Potential Development and Form
April 26, 2016
Introduction:
The purpose of this workshop was to engage the participants in visioning the future growth potential of
the Receiving Areas. Participants gathered around six tables to work on illustrating a development pattern
in one of two Receiving Areas, the northern area, or the North Belle Meade area.
Meeting Summary: Community Planning staff together with the County’s consultant , AECOM, provided a
second meeting for residents and interested stakeholders to review and explore considerations specifically
related to the neutral and receiving land uses in the RFMUD. A review of concepts related to currently
allowed land uses was followed by a description of “smart growth” principles, leading to a visioning
exercise by attendees. Approximately 65 interested persons attended.
Anita Jenkins, Principal Planner, Community Planning Section, opened the meeting. She greeted the
attendees, previewed the agenda, and reviewed the concepts and feedback from the prior meeting.
Appendix A Page 26 of 91
Specifically, she covered citizen and stakeholder feedback on several high level questions that had been
presented. At the last meeting, attendees provided their perceptions related to:
Concerns about future growth in the area
Improvements to the Receiving Land area rules
What they like best about Receiving Lands areas
Neutral Land issues and improvements
Andrew Sheppard, AECOM, reviewed economic, environmental and social components of sustainable
communities, comparing those values with the allowed uses under today’s Receiving and Neutral
regulations. He continued his observations with a focus on “smart” village attributes - 5 minute walk from
clustered development area center to neighborhood center, diversity of housing styles and types, cluster
of neighborhoods to create a village, and attributes of a village center. Aesthetics, function and mobility
were key factors.
Mr. Sheppard introduced the featured “table exercise” for attendees, called framework mapping. The
purpose was to experience how a development might plan a large area by identifying destinations,
development areas, street networks and green/environmental areas. The task involved group cooperation
in identifying edges, landmarks, nodes, centers and connections, both green and roadway.
Two of the RFMUD Receiving areas were used as examples- the Northern receiving area and the North
Belle Meade receiving area. It was explained that this was hypothetical in the s ense that presenters do not
have information supporting actual Village boundaries due to multiple ownerships and assemblage
considerations. Results of the group exercise are attached.
Appendix A Page 27 of 91
Rural Fringe Mixed-Use District Restudy
Public Workshop #6
Initial Recommendations and Feedback
May 26, 2016
Meeting Summary: Community Planning staff together with the County’s consultant, AECOM, provided a
meeting for residents and interested stakeholders to review ideas provided by the public through previous
workshops, surveys, correspondence, interviews and telephone calls and to provide a list of initial staff
recommendations. Approximately 39 interested persons attended.
Kris Van Lengen, Community Planning Manager reviewed the growth management study, amendment
process and timetable. He provided an overview of the research, data and analysis still ongoing: economic
analysis (scenario planning) and mitigation bank feasibility analysis for North Belle Meade. Initial
recommendations were explained and grouped under the following headings:
TDR credit ideas affecting Sending owners
TDR program management
Sending Land management
Miscellaneous ideas
The community asked and discussed whether increasing the value of credits in the hands of developers
would be an alternative to increasing the number of credits issued to Sending owners. Comments were
also made in support of agricultural preservation and to express the ongoing concern in the development
community that the incremental cost represented by TDRs makes it difficult for adequate return on
investment. The point was also made that TDRs should be considered for Northern GG Estates where
watershed coordination can be effected.
Appendix A Page 28 of 91
Individual surveys were distributed to and completed by the public, covering each of 15 program topics
related to the Sending and neutral lands. A numerical representation of the results, ranging from strongly
agree to strongly disagree, is shown below.
Anita Jenkins, Principal Planner, Community Planning Section, reviewed the concepts previously discussed
in the Receiving Land meetings, and provided explanations for the series of initial recommendations made
by staff. These were included under the following categories:
Land use, density/intensity and economic vitality
Transportation and infrastructure
Environment
Development standards and process
Discussion ensued regarding the process of allowing deviations to a zoning overlay, allowable locations for
schools, Property Appraiser’s Office valuations, the appropriate number of TDRs granted for excess native
vegetation or habitat preserve on Receiving land, water and sewer availability, the relationship of
Affordable Housing to affordable living concepts, and the need for the Coun ty to own the economic
analytical tool under development.
Again, individual surveys were distributed to and completed by the public, covering each of 18 program
topics related to Receiving lands. A numerical representation of the results, ranging from strongly agree to
strongly disagree, is shown below.
Workshop Survey Results:
Survey questions asked respondents to rank each initial recommendation as strongly agree, agree, neutral,
disagree and strongly disagree. The percentages indicated below provide a percentage of agreement
(agree or strongly disagree) to those who responded, without regard to “neutral” responses.
Sending and Neutral Issues
Additional credits should be provided to balance the anticipated demand from Receiving Areas. Sending
Land owners, if they participate, should benefit from additional credits.
Agree: 69%
Additional credits should not favor one Sending Land location over another.
Agree 70%
Additional credits should be provided to those who entered the program early.
Agree: 72%
Appendix A Page 29 of 91
TDRs should be awarded also for owners who commit to keeping their land in agricultural production
Agree: 76%
Eliminate minimum pricing on Base TDRs.
Agree: 75%
Improve the Buyer/Seller registries.
Agree: 81%
Reduce cost and complexity of applications.
Agree: 87%
Create a County-sponsored TDR bank that can buy credits from Sending Lands owners
Agree: 82%
The County should accept land that owners wish to donate, if no other agency is willing.
Agree: 63%
The County should finance maintenance of donate d Sending Land through a mitigation bank, if feasible.
Agree: 75%
If a mitigation bank is not a feasible funding source, require a donation to the County with the land,
equivalent to all or a portion of any additional TDRs issued.
Agree: 65%
Allow a second dwelling unit to dedicated farming operations of at least 20 acres.
Agree: 79%
Study recreational uses that could be compatible on donated lands that go beyond "passive recreation."
Agree: 63%
Eliminate the use of TDRs in urban areas if they come from RFMUD Sending Lands.
Agree: 60%
Extend the same advantages to Neutral Land owners who want to commit to agricultural uses by offering
TDRs.
Agree: 76%
Appendix A Page 30 of 91
Receiving Issues
Allow business park stand-alone uses to increase employment opportunities in research technology and
other targeted businesses.
Agree: 78%
Revise village rules to allow larger commercial and employment areas.
Agree: 76%
Increase density allowed in rural villages to 4 units per gross acre (TDRs required)
Agree: 81%
Increase density allowed in non-village development to 2 units per acre (TDRs required) and remove 40-
acre minimum size
Agree: 78%
Analyze arterial roadway capacity issues.
Agree: 77%
Enhance requirements for greater project connectivity.
Agree: 78%
Consider roadway design standards that promote low speed and safety.
Agree: 75%
Add requirements for transit stops in large developments, business parks or villages.
Agree: 75%
Allow TDRs in Receiving Areas for protection of native vegetation/habitat or agriculture.
Agree: 71%
Reward projects that advance the greater public interest (examples: greenway connections, flowway
connections).
Agree: 72%
Incentivize mixed-use developments by studying potential impact fees for mixed -use.
Agree: 70%
Use overlays or optional design standards that promote greater certainty in review process.
Agree: 81%
Appendix A Page 31 of 91
Developments complying with zoning overlays should get approval through simple BCC majority or Hearing
Examiner process.
Agree: 80%
Hearing Examiner can approve individual deviations.
Agree: 60%
Hearing Examiner can approve business park proposals.
Agree: 62%
Modify the TDR requirements to 0.5 credit for multi-family units and 0 credit for target industry/business
park uses
Agree: 75%
Allow stand-alone commercial. Propose design guidelines (no strip) and use of TDR credits (ex, 1 credit per
6,000 SF).
Agree: 62%
Additional incentives for innovative green designs, such as solar power, zero net water, aquifer storage
and recovery sites, etc.
Agree: 80%
Appendix A Page 32 of 91
Rural Fringe Mixed-Use District Restudy
Public Comments on
First Draft of Initial Recommendations
Distributed July 13, 2016
Appendix A Page 33 of 91
1
JenkinsAnita
From:JenkinsAnita
Sent:Thursday, July 14, 2016 8:06 AM
To:VanLengenKris; RuralFringeRestudy
Subject:FW: Rural Fringe Mixed-Use District Draft Findings and Recommendations
From: Barry Wood [mailto:b1wood@hotmail.com]
Sent: Wednesday, July 13, 2016 8:58 PM
To: JenkinsAnita
Cc: Barry Wood; Pete Wood
Subject: RE: Rural Fringe Mixed-Use District Draft Findings and Recommendations
Dear Anita,
Thank you for allowing me to respond to the draft findings and recommendations of the Rural Fringe Mixed-
Use District White Paper.
My son and I own a parcel in the receiving area described in your White Paper, Collier Parcel #00755800005.
Unfortunately, we were unable to appear at your public meetings and provide input because we presently
live outside of Florida.
My comments are primarily directed to the top of page 24 of your draft.
Specifically at the very top of that page, there is a discussion on allowing "mixed housing, manufactured
homes, cottage homes and micro homes." Immediately following this discussion is the Staff
Recommendations highlighted in red lettering. However, Staff makes no recommendation or other comment
regarding whether to allow these alternative forms of housing.
My family and I would like to place a residence on our 2 1/2 acre parcel (which was established as a lot in
1961, or well before the October 1974 date). We intend to begin this process as early as next year. However,
we do not want or need a large, expensive "footprint" dwelling. We would be well satisfied with
manufactured housing or possibly micro housing. We would be most satisfied with the least intrusive, least
environmentally impactful method of all; namely allow placement of a small pad upon which to place an RV
for 5 or 6 months of the year and we take the RV with us when we leave each year. I respectfully urge the
Policy Makers of Collier County to please not keep regulations in place which force us and others to build
large, expensive, excessive energy consuming structures.
I therefore respectfully ask that your staff consider my input and include a recommendation which supports
the placement of alternative forms of low cost affordable housing in the lands designated as receiving. I also
urge the Policy Makers to consider allowing removable housing.
Secondly, your draft just briefly mentions solar. I would respectfully ask you to consider a robust proposal
which incentives the use of modern solar technology.
Please contact me with any questions or if you would like more information.
Appendix A Page 34 of 91
2
Sincerely,
Barry Wood
From: AnitaJenkins@colliergov.net
To: RuralFringeRestudy@colliergov.net
Date: Wed, 13 Jul 2016 14:09:23 -0400
Subject: Rural Fringe Mixed-Use District Draft Findings and Recommendations
To all interested:
Thank you for your continued participation in the Rural Fringe Mixed-Use District restudy. Attached hereto is a
memo outlining the draft findings and recommendations of the Rural Fringe Mixed-Use District White Paper.
We value your input and welcome your suggestions. This is an open, on-going collaborative effort. Final copies
of the White Paper will be distributed prior to our first public hearing.
We anticipate a presentation to the Collier County Planning Commission August 18, 2016, and the Board of
County Commissioners September 27, 2016.
We look forward to hearing from you.
Sincerely,
Anita Jenkins, AICP
Community Planning Section
Collier County Growth Management Department
2800 N. Horseshoe Dr.
Naples, FL 34104
(239) 252-8288
www.colliergov.net/GMPrestudies
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Appendix A Page 35 of 91
1
JenkinsAnita
From:JenkinsAnita
Sent:Monday, July 25, 2016 7:48 AM
To:VanLengenKris; RuralFringeRestudy
Subject:FW: Rural Fringe Mixed-Use District Draft Findings and Recommendations
From: Ron Inge [mailto:ron@ingeandassociates.com]
Sent: Saturday, July 23, 2016 10:23 AM
To: JenkinsAnita
Subject: RE: Rural Fringe Mixed-Use District Draft Findings and Recommendations
Thank you for the report summary, it is an excellent summary.
I have the following comments:
1. Item 7-the language should be clear that it is not just agriculture preservation that is being encouraged, but also
habitat protection.
2. Item 7-consider the addition of the ability to generate more than 2 TDR per 5 acres if the habitat preserved
becomes part of a system or if there is a mechanism in place to encourage its maintenance.
Thank you, Kris and staff for all the work on this.
Ronald E. Inge
5571 Halifax Ave.
Fort Myers, FL 33912
Phone 239-454-4999
Fax 239-454-2773
email: ron@ingeandassociates.com
CONFIDENTIALITY STATEMENT
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of
the person(s) named above to whom this message was sent. If you are not the intended recipient, you are hereby notified that any
review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply e-mail and destroy all copies of the original message.
From: JenkinsAnita [mailto:AnitaJenkins@colliergov.net]
Sent: Wednesday, July 20, 2016 1:31 PM
To: RuralFringeRestudy <RuralFringeRestudy@colliergov.net>
Subject: FW: Rural Fringe Mixed-Use District Draft Findings and Recommendations
This is being resent to ensure everyone interested receives a copy.
From: JenkinsAnita
Sent: Wednesday, July 13, 2016 2:09 PM
To: RuralFringeRestudy
Subject: Rural Fringe Mixed-Use District Draft Findings and Recommendations
Appendix A Page 36 of 91
1
JenkinsAnita
From:Dennis P. Vasey [00215@embarqmail.com]
Sent:Tuesday, July 19, 2016 5:35 PM
To:VanLengenKris
Cc:Mark Siverling - NRCS, Naples, FL
Subject:Long-term Stewardship Calculator
Follow Up Flag:Follow up
Flag Status:Flagged
Kris,
Collier Soil and Water Conservation District has about 25 parcels. Among the issues we grappled with were the long-
term financial assurances required to perform initial treatment and then following a Best Management Practice without
removing mitigation credits. The Nature Conservancy's (TNC) Long-term Stewardship Calculator was very helpful
getting to real costs to accept a land donation.
Costs associated with long-term stewardship are inherently difficult to predict and often underestimated. To help
tackle this problem, TNC convened national experts to develop a calculator to estimate stewardship costs and to
determine the amount that should be set aside to provide a secure source of future funding.
Without sour grapes, when we respond to an offer, and there have been several, we always hear: "We're giving you the
land! What do you mean we need to pay for accepting it?" When a businessman/woman offers you anything, they have
already decided that it costs an arm and a leg to maintain property that doesn't generate revenue for their investors. In
perpetuity is a long time and the taxpayer shouldn't have to bear that burden unless there is a cost-benefit and real
return on the investment. Conservation and preservation land is a cost leader and it will run you out of money in a
hurry. If the parcels can't be used to mitigate public buildings or civil works projects they're worthless.
TNC has developed several products, including a spreadsheet for calculating stewardship costs, an accompanying
handbook and quick reference guide, and a web-based portal for these resources. This accessible tool helps consolidate
and highlight common expenses to improve the ease and accuracy of calculating costs.
The calculator was designed to be used for both conservation easements and fee land, and is particularly valuable for
use in calculating long-term management costs for mitigation projects to ensure that the full cost of all the mitigation
requirements is appropriately covered by permittee.
It’s available at no cost through www.nature.org/stewardshipcalculator.
If the county is really serious about land ownership it should pursue a land trust that can function as a non profit and
accept large and small donations.
Duke
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August 2,2016
Kris Van Lengen
Planning Manager, Growth Management Plan Restudy
Collier County Growth Management Division
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Comments on Stafls RFMUD Draft Recommendations
Dear Mr. Van Lengen:
SENDING LANDS
A. TDR Credit System
l. Additional Credits to Sending Owners
Here and throughout the paper, there are many recommendations for
increasing TDR credits. How do you know that there is a need for so many
additional credits to incentivize owners to participate in the program? There
isn't an analysis of what the result will be from increasing credits to all
sending lands.
How do you prevent excess credits from being awarded, so that supply and
demand is balanced? Also, what happens to excess credits? once rights are
given in terms of TDR credits, landowners will demand a retum. Ifihey
can't sell or trade credits-who is on the hook?
There needs to be more analysis and justification for awarding all the
additional credits discussed here and throughout the paper.
Thank you for your outreach to the public on this important endeavor to
study and recommend changes to the Rural Fringe Mixed-Use District.
Please consider the comments below on some of the Collier County
Planning Division (CCPD) draft recommendations, as you finalize the white
paper.
Appendix A Page 60 of 91
The CCPD staffrecommends that TDR credits be made available to Sending
owners who wish to begin, expand or increase intensity of a bona fide
agricultural operation. The County should not adopt this recommendation.
In Agricultural use areas, wetlands are often destroyed. Agricultural lands
are not conservation lands. In the RLSA, developers are claiming that areas
where there are Ag uses such as row crops are disturbed land, of less value
to wildlife. Therefore developers claim that there should be no problem
developing such land because of their lower ecological value. To grant
credits for beginning, expanding or intensifuing agriculture uses is to start a
downward path beginning by reducing the ecological value of the Sending
lands.
5 Retroactivitv of Sussested Pro gram Chanees
iving Lands
ccPD staff recommends allowing landowners who have generated TDRs
but not yet conveyed their land to participate in any applicable program
changes.
The CCPD has not articulated what additional benefits are anticipated from
retroactive credits. As discussed above, there needs to be an analysis or
explanation on the effect ofgranting so many additional credits'
7
2
TDR Credits from Rece
3. Agriculture Use
The RFMUD rules currently eliminate TDR credits for any land put in
agricultural use after 2002. The purpose was to disincentivize clearing of
these environmentally sensitive lands. These rules and policy should remain
in place. The Sending lands are so designated because their ecological value
for such things as water quality, protecting water flow-way, and preserving
wildlife and wildlife habitat. A goal of the TDR program as established was
to protect and restore the ecological integrity ofthe Sending lands.
Expanding agriculture uses to begin or expand row crops, orto intensif!
agriculture use are incompatible uses for the environmental goals for these
lands. Intensif,ing agricultural uses could adversely affect Picayune Strand
State Forest downstream of the RFMUD area.
Appendix A Page 61 of 91
CCPD staff recommends allowing the generation of 2 TDR credits per 5
acres from Receiving Lands for agriculture preservation, or native
vegetation and habitat protection.
It is not clear why this change is needed. There should be an articulation of
what "agriculture preservation" and "habitat protection" entails. What
would the criteria be for each ofthese concepts?
D. Sending Lands Management
There isn't sufficient information for me to understand fully how the
different options put forth will work. The idea of a green utility fee appears
to be worth considering.
E. Other Program Recommendations
CCPD staff recommends that County-owned land in North Belle Meade
should qualiff for expanded recreational uses, if compatible with
environmental goals. Please reject this idea, other than perhaps to consider
expanding passive recreational opportunities where appropriate.
Sending lands are environmentally sensitive lands, important for water
quality, water flow-way, preservation of wildlife and wildlife habitat.
Passive recreational uses are currently allowed where appropriate; these uses
can be compatible with the environmental goals. I urge you to reject
expansion ofthe range of allowed recreational uses, especially reject any
motorized activities. Once you open the door to motorized use, the county
may want to allow a golf course, or may be pressured into allowing ORV
use-a use clearly incompatible with wildlife and water resources.
Allowing expansion of recreational uses could have a negative impact to the
ecological integrity of these lands and especially make the land unsuitable
for the wildlife it is meant to sustain.
RECEIVING LANDS
B. Transportation and Public Infrastructure
Density Standards and Proc ess
3. Allow County-owned Sending land to be use for recreational uses.
aJ Appendix A Page 62 of 91
CCPD staff recommends considering adoption of zoning overlays so as to
give developers more certainty and to allow a simple BCC maj ority to
approve a project when complying with the overlay. The only benefit
appears to be to allow development to proceed faster. The County should
not adopt this approach.
Given the rapid development of Collier County at this time, there is a lot of
public concern now by many residents about growth occurring too rapidly
and degradation ofthe quality oflife. Forthis reason, the County should
continue the practice of requiring a supermajority vote for a rezone, just as is
required for every other rezone project in the County.
U
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4
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)
Appendix A Page 63 of 91
Wednesday, September 14, 2016
Kris Van Lengen, JD, AICP
Community Planning Manager
Zoning Division, Collier County
2800 N. Horseshoe Drive
Naples, Florida 34104
VIA EMAIL AND USPS
Re: Possible Growth Management Plan amendments related to Rural Fringe Mixed Use District
Dear Kris,
Thank you for taking the time to speak with me recently regarding possible amendments to the Collier
County Growth Management Plan related to the Rural Fringe Mixed Use District future land use
designation (RFMUD). As you know, 1000 Friends of Florida, Inc. (1000 Friends) is a statewide not-for-
profit membership organization which provides public advocacy related to planning and growth
management issues in Florida. 1000 Friends most recently commented on Collier County’s RFMUD
review in correspondence drafted jointly with the Conservancy of Southwest Florida and sent to the
county in July 2015.
This letter updates those comments with additional observations based our recent review of the Collier
County Growth Management Department (Department) memorandum on the RFMUD review dated July
12, 2016. In this letter, 1000 Friends addresses four subjects in the order you discuss them in your
memorandum. They are: increasing the number of credits available from Sending Lands; changes to the
management of the transfer of development rights (TDR) program; the character of development in
Receiving Lands; and changes to the required procedure for developing Receiving Lands.
We greatly appreciate you taking time to review our comments. Collier County’s work to improve the
quality of development while providing for the conservation of natural and agricultural lands is of value
to Florida.
Increasing the number of credits available from Sending Lands
1000 Friends suggests that Collier County carefully study the market for credits before increasing the
number of credits available from Sending Lands. Also, 1000 Friends suggests that the county not consider
increasing the possible supply of credits from Sending Lands in isolation from considering the
development potential of Receiving Lands. The number of credits which Sending Lands may sever should
relate to the character of development on Receiving Lands. In setting an amount of credits which Sending
Lands may sever, the county should first consider the desired character of development on Receiving
lands and should then make the appropriate number of credits available.
building better communities ● saving special places
Officers: Timothy Jackson, Chair • Victoria Tschinkel, Vice Chair • F. Gregory Barnhart, Secretary • Terry Turner, Treasurer
Board of Directors: Courtney Cunningham, Lee Constantine, Jim Nicholas, Susan Trevarthen, Mark Watts
Emeritus: Nathaniel P. Reed, Chairman Emeritus, Lester Abberger, Robert Davis, Roy Rogers, Earl Starnes
President: Ryan Smart
Post Office Box 5948 • Tallahassee, FL 32314-5948 • PHONE 850.222.6277 • FAX 850.222.1117
www.1000friendsofflorida.org • friends@1000fof.org
Appendix A Page 64 of 91
Paragraph 1.C)2. of the Growth Management Plan’s description of the RFMUD (RFMUD description)
provides that Sending Lands have transferable development credits at the rate of one credit per five acres.
Additionally, legal nonconforming lots which are smaller than five acres may sever one credit each. When
transferred to the owner of Receiving Lands, one credit allows the development of one residential unit.
The Department has suggested increasing the number of credits available in the TDR program in several
ways. Two program changes, in particular, would dramatically increase the possible supply of credits.
One, the Department has suggested providing two additional credits for every five acres of Sending Land.
Two, the Department has suggested making this increase in severable credits retroactive so that owners of
Sending Lands which have already severed credits could sever additional credits created by a change in
the rules.
The Department’s rationale for increasing the number of credits includes the beliefs that increasing the
number of credits achievable under the rules will lead to greater compensation for owners of Sending
Lands and that the current supply of credits is less than that demanded by applicants to develop Receiving
Lands. Whether increasing the possible number of credits would lead to either of these outcomes cannot
be known without substantial economic analysis. The county should develop economic data on the
demand for credits and on how the supply of credits would grow under proposed rule changes before
developing proposals to change the number of credits available from Sending Lands.
More significantly, these two considerations—compensation for owners of Sending Lands and the number
of credits demanded by applicants to develop Receiving Lands—are best addressed by having a well-
functioning market for credits, not by fine tuning the number of credits available to Sending Lands.
1000 Friends suggests that Collier County’s principal concern in setting the possible number of severable
credits from Sending Lands should be its policy decision regarding the number of development units
appropriate for Receiving Lands. If the supply of credits too greatly exceeds the demand for credits, the
county will not accomplish its goal of conserving nature and agricultural lands.
Changes to the management of the TDR program
1000 Friends of Florida supports all proposals to increase the efficiency of the transfer of development
rights program. The Department has proposed simplifying access to the records that identify the owners
of credits, has proposed reducing the fees the county charges owners of Sending Lands for severing
credits, and has proposed creating a TDR bank. Each of these changes could reduce the cost and difficulty
of TDR transactions. Reducing transaction costs is a key way to help the market for credits function well.
The county should continue to explore these opportunities.
Character of development in Receiving Lands
1000 Friends supports consideration of changes to the RFMUD description that lead to creation of high
quality developed places. The Department memorandum on the RFMUD review encapsulates the need for
balance when approving new development. It states, “Growth presents a tremendous opportunity for
progress. It also presents many challenges.” Rules that require walkable, mixed-use developments lead to
growth that reduces reliance on cars for all transportation needs, improves public health by making
walking a reasonable transportation option and contains a variety of development products as the market
demands.
Increasing residential densities
The current maximum density of development on Receiving Lands—without taking advantage of
clustering provisions—is a very low one unit per acre. 1000 Friends supports changes to the RFMUD
description that allow greater residential densities on Receiving Lands. However, these changes should be
balanced with the credit allocations for Sending Lands so that demand for credits promotes conservation
of natural and agricultural lands. Put another way, increased allowed density on Receiving Lands should
2 Appendix A Page 65 of 91
not be balanced with increased credits made available to Sending Lands so that changes to the RFMUD
description lead to much higher densities in the RFMUD overall.
Allowing non-residential development outside of Rural Villages
The Department suggests allowing employment uses outside of Rural Villages. While some non-
residential uses may be appropriate on Receiving Lands outside of Rural Villages, too liberal of
accommodations for these uses would undermine the Rural Village concept. That tool is aimed at creating
developments that internally capture traffic trips, accommodate multiple transportation modes and
otherwise are high quality, mixed-use developments. Examples of provisions accomplishing this intent
include:
•Rural Villages must provide a “formal street layout, using primarily a grid design and incorporating
village greens, squares and civic uses as focal points.” RFMUD description at paragraph at 3.G)1.
•“a greenbelt averaging 300 feet in width but not less than 200 feet in width, shall be required at the
perimeter of the Rural Village” RFMUD description at paragraph at 3.E)1.
•10% of the area of a Rural Village must be civic uses and public parks. RFMUD description at
paragraph at 3.D)1.f.
The Department memorandum on the RFMUD review identifies problems with the Rural Village tool
including that it isolates non-residential uses away from major transportation corridors and allow too little
non-residential use. 1000 Friends urges the county to address these problems while keeping intact the
beneficial standards provided by the Rural Village concept. For example, allowing arterial roadways to
bisect Rural Villages where those roadways have a design which is sensitive to a walkable, mixed use
context would provide greater transportation access to commercial uses while respecting the design of
Rural Villages.
Community design
1000 Friends supports county efforts to develop better community design standards for Rural Villages.
Although not recommended by the Department, the Department memorandum on the RFMUD review
notes that some community members suggest prohibiting gated developments. 1000 Friends would
support such a change.
The Department does recommend developing a standard for measuring the interconnectivity of street
networks. While the “link to node” ration is a standard for measuring connectivity, 1000 Friends suggests
the county look instead to regulating block size. Professional guidance recommends that regulatory tool
as a way to regulate connectivity. Measuring block size is a more straightforward approach to determining
connectedness than is the “link to node” ratio.
The Institute of Transportation Engineers’ Neighborhood Street Design Guidelines recommends that
“block lengths should generally not exceed 660 ft. and the perimeter around a block should not exceed
2,000 ft.” At 31. The New Urbanism Best Practices Guide recommends a typical block perimeter of 1,200
feet with occasional blocks as large as 1,600 feet in perimeter. Fourth Ed., at 151.
1000 Friends suggests that Collier County measure block perimeter in urbanized portions of the county
with a well-functioning street network—such as in central Naples—and adopt a block size standard based
on what already works well in nearby communities.
Changes to the required procedure for developing Receiving Lands
A special act of the Florida Legislature relating to Collier County, ch. 2001-344, Laws of Florida, imposes
a super-majority requirement to approve land use decisions in the county. The act states, “[n]o change in
the zoning ordinance shall become effective except by an affirmative vote of four fifths (4/5’s) of the full
3 Appendix A Page 66 of 91
membership of the governing body.” The Department suggests adopting zoning overlays so that the
County may approve development proposals in the RFMUD without subjecting each application to the
super-majority requirement.
1000 Friends strongly supports citizen’s rights to a supermajority vote on major planning decisions. That
protection is one of five protections promoted through the Citizens Planning Bill of Rights that 1000
Friends promotes. 1000 Friends strongly urges the county to not lessen the amount of review given
development decisions in the RFMUD.
Again, 1000 Friends greatly appreciates your attention to these comments. Should you have any
questions, please do not hesitate to contact me at (352) 377-3141 or thawkins@1000fof.org.
Sincerely,
Thomas Hawkins
Policy and Planning Director
Cc: The Honorable Donna Fiala, District 1
The Honorable Georgia A. Hiller, Esq., District 2
The Honorable Tom Henning, District 3
The Honorable Penny Taylor, District 4
The Honorable Tim Nance, District 5
4 Appendix A Page 67 of 91
The Golden Gate Estates Area Civic Association, Inc.
P.O. Box 990596, Naples, FL 34116-6002
www.estates-civic.org
19 April 2016
Mr. Kris Van Lengen
Community Planning Manager
Zoning Division, Collier County Government
2800 N. Horseshoe Dr.
Naples, FL 34104
RE: GGEACA's Recommendations for the 2016 Rural Fringe Mixed Use District Update
(RFMUD)
Mr. Van Lengen:
Golden Gate Estates Area Civic Association (GGEACA) believes the proximity of the Rural Fringe
Mixed Use District (RFMUD) areas north of I-75 will have considerable impact on Golden Gate
Estates. The Golden Gate Estates Area Civic Association is weighing in on the opportunities and
concerns many of our members have expressed related to the current restudy underway.
Golden Gate Estates (Estates) remains a platted legacy subdivision which failed to set aside
sufficient area for the provision of employment and services to its residents. As a consequence the
residents of Golden Gate Estates have been required to commute exceptionally long distances for
employment and other necessities. The result has been considerable strain on the Collier Counties
fragile existing transportation infrastructure. The 2040 LRTP calls for approximately one billion
dollars of transportation improvements, most of it in the Golden Gate Estates Area.
The lots in the Estates were originally conceived to be 5 acre ranchettes, over the last 50 years many
of these thousands of individually owned lots have been subdivided into parcels as small as 1 ¼
acres. The zoning in Golden Gate Estates provides primarily for residential use with essential
government services and limited commercial in several Neighborhood Centers. In recent years two
GMP amendments have provided 40 acre commercial centers which lie fallow and undeveloped.
The residents of Golden Gate Estates have traditionally rejected proposed redevelopments and
increased commercial activity, preferring instead to retain the rural residential character of the
Estates.
Given these facts, it is imperative that changes in land use in the RFMUD which borders the Estates
be permitted to provide services and employment to compliment the build out of the Estates. The
RFMUD can also provide opportunities for employment, economic development, and needed
recreational activities to Collier County as a whole.
Appendix A Page 68 of 91
Mr. Kris Van Lengen
GGEACA 2016 RFMUD Recommendations
19 April 2016
Page 2
Changes in RFMUD areas north of I-75 will have influence on the Golden Gate Estates economic
and functional components, and vice versa.
Current development guidelines in the RFMUD provide for only limited commercial to serve Rural
Villages, this is inappropriate and harmful to landowners, the adjoining Estates Community, and
Collier County as a whole. GGEACA recommends the following changes in the RFMUD guidelines.
A. Transportation Infrastructure - Roads
1.) Prioritization of the Wilson Boulevard Extension south to White Lake Boulevard to link Golden Gate Estates to the
North Belle Meade Receiving lands and provide a needed road corridor to the south and west.
2.) Extend White Lake Boulevard east to the proposed new I-75 Interchange east of Everglades Blvd.
3.) Complete the Green Boulevard Extension Study to identify an East-West corridor linking North Belle Meade
Receiving lands to CR 951 and points west.
B. Water Resources Management
1.) Rehydration and Dispersed Water Storage in North Belle Meade Sending lands to retain / detain storm water and
promote groundwater recharge.
2.) Consideration of ASR Wells in Receiving lands, especially Sec15 T49S R27E to retain/detain water from the Golden
Gate Main Canal.
3.) Development of the C-1 Connector Canal and weirs to divert storm water east from the Golden Gate Main Canal.
C. Services and Economic Development
1.) Add Uses in RFMUD Receiving lands to support Economic Development as recommended and detailed in the
Opportunity Naples Study and the recommendations by the Anderson Economic Group.
2.) Add Commercial and Industrial uses in RFMUD Receiving lands to provide needed goods, services, and jobs in
Golden Gate Estates and adjacent areas.
3.) Add Affordable Housing uses in RFMUD Receiving lands. Consider increased density incentives for this area.
4.) Add Medical uses and Assisted Living facilities to RFMUD Receiving lands.
5.) Add Institutional and Utility uses in RFMUD Receiving lands.
6.) Add Parks and Sports Complex uses to RFMUD Receiving lands to support Sports Tourism.
7.) Develop appropriate buffers for all Receiving land uses and adjacent Estates, Residential, and Conservation
properties.
D. Environmental Elements / Management
1.) Develop policies that discourage the migration of climax predators from RFMUD Sending lands into the residential
interface in Golden Gate Estates other and adjacent areas.
2.) Consider the establishment of a TDR Bank to facilitate the transfer process.
Appendix A Page 69 of 91
Mr. Kris Van Lengen
GGEACA 2016 RFMUD Recommendations
19 April 2016
Page 3
The recommended changes permitting non residential land uses in the RFMUD must be applied so
as to preserve the rural residential character of Golden Gate Estates To that end, it will be essential
to establish appropriate buffers and transitional uses, together with appropriate controls over the
location of utility service lines and transportation corridors. To achieve these goals the following
recommendations are submitted.
1. Projects directly abutting residential property shall provide, at a minimum, a one-hundred
(100) foot wide buffer in which no parking or water management uses are permitted.
Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape
buffer type C as outlined in the LDC. A minimum of fifty (75) feet of the buffer width shall
consist of retained or created native vegetation and must be consistent with appropriate
subsections of the Collier County Land Development Code (LDC). The 100 foot buffer shall
not be part of a setback, but will be a separately platted tract. Setbacks shall be a minimum
of 50% of the height of any structure other than single family.
2. A solid masonry or concrete wall 8’ high and on a 3’ berm at the development (RFMUD)
side of the 100’ buffer shall be required. The buffer area shall be supplemented where
needed to assure an 80% opacity is reached within one year.
3. All lighting shall be consistent with the Dark Skies initiative. Parking lot lighting shall be
restricted to bollards except as may be required to comply with lighting standards in the Land
Development Code (Ordinance #04-41, as amended) and other governing regulations.
4. Rural roadways as typically used within the Golden Gate Estates neighborhoods shall not be
used for access or utility conveyance to any new development. Appropriate truck route
management tools need to be employed to limit Community impact.
We look forward to participating in the upcoming public meetings on the RFMUD and discussions
regarding the many issues which will be explored in those meetings.
Thank you for your efforts in reviewing the development plans for the areas under study.
Sincerely,
Michael R. Ramsey
President
Golden Gate Estates Area Civic Association
Appendix A Page 70 of 91
Appendix A Page 71 of 91
1
JenkinsAnita
From:Nancy Payton [nancypayton@fwfonline.org]
Sent:Tuesday, May 31, 2016 2:21 PM
To:VanLengenKris; JenkinsAnita
Subject:Thoughts/Comments on RFMUD Recommendations
Follow Up Flag:Follow up
Flag Status:Flagged
Kris and Anita,
Here are thoughts and comments on the recommendations presented at the May 26 RFMUD
workshop. I added a few of my own, too. Nancy
Sending
1. Support exploring additional credits from sending lands
2. Strongly support exploring ag credits from sending lands
3. Strongly support eliminating base price
4. Support exploring a TDR Bank
5. Strongly support County accepting NBM parcels and State of Florida accepting SBM
parcels, not sure about sending lands elsewhere…
6. Support reducing cost and time to process
7. Strongly support exploring concept of mitigation bank and maintenance fund
8. Support exploring adjusting appraisals on sending land with base (and bonus?) TDR
severed – how much lower? what is the fate of land? Unclear what the advantage to
nature will be
9. Support allowing a second dwelling unit for family members on ag preserved sending
lands depending on the minimum parcel size and where on the parcel
10. Strongly support dark skies on severed TDR lands
11. Opposed - Red Flag for broader recreational uses on TDR severed sending lands –
concerned about uses not compatible with the conservation goals of the TDR program –
NO to ATV, BMX or other motorized vehicles, model airplanes, model boats, pickle ball
courts, tennis courts, soccer fields, ball parks, polo fields, skateboard venues, mudding
trucks, for example…
12. Support no TDR use outside the RFMUD and the Urban Fringe east of 951
13. Strongly support TDRs sent only to receiving lands with central water and sewer
Neutral
1. Support exploring ag preserve credits and second family home
2. Support exploring TDRs for high? environmental value
3. FYI – Section 24 is the result of a legal settlement
4. Strongly support dark skies on severed TDR land
Receiving
Appendix A Page 72 of 91
2
1. Opposed to ag and native habitat/vegetation credits in receiving – based on urban
experiences preserves are poorly maintained; prefer to explore additional credits for
public greenspace, greenways/blueways, and natural open space (not golf courses) and
dark skies
2. Support lifting clustering minimum if results in greenspace (not golf courses or similar
active recreation)
3. Strongly support requiring central water/sewer, interconnectivity
4. Support exploring solar, zero net water use, ASR
Appendix A Page 73 of 91
,dvPOTEET PROPERTIES, INC.LoopNet
Local Knowledge - Global Service
P.O. Box 10667, Naples, FL 34101-0667 (239) 403-3840 Fax (239) 403-3841
3200 Bailey Lane, Suite 199, Naples, FL 34105
email: Pote etD Derties@smail.com
www. Pot e et p r o p e rti es. c o m
J une 6, 2016
Anita Jenkins, ACIP
Principal Planner
Collier County Growth Management
2800 Horseshoe Drive North
Naples, FL 34104
RE: Rural Fringe lr4ixed-Use District (RFMUD) restudy
Deal Ms. Jenkins
After attending the final community meeting on the Rural Fringe Mixed-Use District restudy meeling il
became very clear the issue ofaffordable housing was low on the priority list for Collier County's future
lands. Granted. when county staff was asked about the affordable housing issue. Staff stated they planned
to illcorporate the overall Affordable Housing policy, which our Con.rmission is currently addressing.
However. my gut feeling is that this will not result in any significant resolution ofthe housing crisis
occurring today and the aflbrdable housing crisis \\'ill continue until our local government decides to
seriouslv addresses the issue. So far I have only seen lip sen,ice liont the counly. not action.
I anr very concenred that the issue o1'affordable housing \r,as not pu1 as a high prioritl, use lirr the future
areas. Our county commission has demonstrated it has no desire to address the issue within the urban
core. They repeatedly deny requests for affordable housing projects. I am not saying their decisions were
in error. jusl they demonslrate they do not want projecls u,ithin the urban core. So where to can we look
lor a solution. The Rural Fringe is our only option.
In two ofthe recenl community lrleetings I attended, less than 5 minutes ofthe five hours of meeting time
\\.as given to the subject of affordable housing. I find this troublesome. It needs 1o be a rnuch higher
priority in the discussion.
The Rural Fringe Mixed-Use Districts will be the only other opportunity lbr our community to get it right
Currently the proposed plan that the County is advocating is simply moving our currenl housing lormula
done in westem Collier to the East. While this has been a very positive plan for creating the great
St^JF Lia
Appendix A Page 74 of 91
cor runily \ve live in, it totally ignores those who cannol afford the affluent housing mix offered today.
We need our labor force and therelbre need to provide housing options for lhenr. The idea that Lehigh
Acres can bc our bedroom communitl'to suppll'labor is a shon lived concepl. As I-ee County further
der eJops. plentr ol' job opponunilies \\ ill be created \\'ilhin slron distance ol l.chigl.r eliminatins thetl
Ireed itr tlrirc -1(t plus r.niles ttr Crrllier lirl uork. The Rur:rl Fringe \4ired-[ sc [)istrict plan rnusl hare a
dylamic allbrdable housing conlponenl built into the plan to avoid both the allbrdable housing and luture
workforce crisis. Without it our conunuuitv n,ill suffer.
As a Realtor@ and advocate 1br all types of housing and real estate opportunities I ask you to include a
section in tlrc plan that u,ill provide aflirrdable housing projects a higher priorit,"- on what is to be
de\eioped in the future. We cannot use toda\,'s lirmula lbr grou.th managemenl to cure ihis crisis. There
are too luan) reasons u,hy it u,on't happen. The future Rural Fringe plans ntusl include specific
opportunities lbr affordable housing lbr our entire u,orkforce. not just firsl linre responders or those
classified as "work force housing". Affordable housing musl include a mix of apartments, multi-family,
and possibly single family opportunities. We need to create an environment where these projects can be
profitable. This will never happen unless you plan lor it. The Rural Fringe is Collier's last opportuniry
to get it righl. It starts with the plan so the rest may occur in lhe future.
Sinc
William H. Poteet, Jr., C
REALTOR@
S. GRI. AHWD. CAM
CC: Nick Casalanguida
Appendix A Page 75 of 91
Page 1 of 9
December 12, 2016
Kris Van Lengen, AICP & Anita Jenkins, AICP
Collier County Growth Management Division
2800 Horseshoe Drive North
Naples, FL
RE: Rural Fringe Mixed Use Re-Study
Receiving Areas Recommendations
Dear Mr. Van Lengen & Ms. Jenkins:
In follow up to our meeting on November 3rd, the enclosed information has been compiled on
behalf of Neal Communities in regards to the Rural Fringe Mixed Use District (RFMUD) Re-Study
White Paper (“White Paper”), and more specifically, Staff’s recommendations regarding
increased densities within designated Receiving Areas.
As detailed in the White Paper and 2014 “Opportunity Naples Strategy”, Collier County has a
limited supply of land available for new development, and there is high competition for
residential land uses. There is also is a growing demand for diverse housing stock to facilitate
market-driven workforce housing, as a supplement to the County’s existing programs relating
to affordable housing.
The following analysis outlines opportunities for the Staff to integrate slightly higher densities
into the proposed amendments for the RFMUD, in appropriate areas that allow for a logical
extension of development patterns; are well-serviced by public infrastructure; and meet
additional design criteria.
The proposal will directly support the County’s stated goal for a more diverse housing stock in
the RFMUD to support the growing eastern Collier County workforce, while upholding the
intent of the RFMUD to conserve critical natural resources and native habitat; provide for
sustainable land use patterns based upon the existing public investment in infrastructure;
protect working agricultural lands; and implement innovative planning techniques to achieve
livable, walkable, and well-integrated communities.
A. RFMUD Receiving Lands Overview
Receiving Lands are those lands within the Rural Fringe Mixed Use District that have been
identified as being most appropriate for development, and to which residential development
units may be transferred from Sending Lands. These lands have a lesser degree of
environmental or listed species habitat value than areas designated as Sending and generally
have been disturbed through development, or previous or existing agricultural operations.
Appendix A Page 76 of 91
Page 2 of 9
The allowable base density in Receiving Lands is one (1) unit per five (5) acres (1 DU/5 AC).
There are currently two (2) options for development within the Receiving Lands that allow for
densities higher than 1 DU/5 AC as follows:
Village Framework
The Village development option allows for densities of up to three (3) dwelling units per
acre (3 DU/AC). The minimum project size is 300 acres, and development must be
located where public infrastructure exists or is planned, including direct access to an
arterial or collector roadway. Villages are also required to provide a diversity of housing
types, civic space, and non-residential uses in the form of Neighborhood Centers. Since
adoption of the RFMUD provisions in 2004, no development has occurred under the
Village development option.
Clustered Development Framework
The Clustered development option allows for densities of one (1) dwelling unit per acre
(1 DU/AC), with a minimum project size of 40 contiguous acres. Bonus densities of 10%
can be achieved through additional preservation and environmental enhancements.
There are several communities in the West Receiving Area that have been developed,
or are in the process of being developed, under the Clustered development option,
including: Twin Eagles South, Lamorada, Mockingbird Crossing, and the Golf Club of the
Everglades (GreyHawk).
It is important to note that both of these options require extensive use of TDRs to realize the
maximum allowable densities, which achieves the RFMUD’s intent for the perpetual
conservation of Sending Lands, but adds as substantial cost to the development of these
properties. The current price for one (1) TDR is approximately $13,500, as outlined in the White
Paper. While the TDR framework is integral to the RFMUD program as it provides a mechanism
for the perpetual preservation of environmentally-sensitive Sending Areas, this added
development cost directly affects the financial feasibility of development as demonstrated in
the TDR program economic analysis prepared by the County’s consultant. The following
proposal seeks to off-set those development costs through modified densities in certain areas,
while upholding the importance of the TDR program.
B. West Receiving Lands
The Receiving Lands are divided into four sub-areas: North, West, North Belle Meade, and
South. The context and characteristics of each of these Receiving Areas are unique. The focus
of this analysis is the West Receiving Area, which is generally located to the east of Collier
Boulevard, north and south of Immokalee Road, and west of Wilson Boulevard. See Exhibit A –
Rural Fringe Mixed Use District Receiving Areas Map.
The West Receiving lands are distinguishable from the other three Receiving Land sub-areas due
to a variety of factors. First is the extent of build-out. As shown on Staff’s Receiving Area Exhibit
dated September 2015 (Exhibit “B” attached), the West Area is strikingly different from the
North, North Belle Meade, and South Receiving Areas due to the level of build-out. This exhibit
clearly demonstrates the limited inventory of vacant parcels within the West Receiving Area,
Appendix A Page 77 of 91
Page 3 of 9
as well as the fragmented nature of remaining vacant parcels. These existing conditions make
it virtually impossible to develop a Village within the West Area, thereby limiting the maximum
development potential of remaining parcels to 1 DU/AC.
Secondly, the West Receiving Area is well-served by existing public infrastructure and urban
services. As inventoried on Exhibit “C”, the Property is within 2 miles of elementary and middle
schools, parks, libraries, Collier Area Transit Route 27, and two (2) fire stations. According to the
County’s adopted Existing and Future Water and Wastewater Service Areas Maps, the majority of
the West Receiving Area is within both service areas for the provision of potable water and
sanitary sewer services. This Receiving Area is bisected by Immokalee Road, a six-lane arterial
roadway. The southern boundary of the Receiving Area is Vanderbilt Beach Road, a two-lane
arterial roadway that is anticipated for improvement to a six-lane facility by 2020. The western
boundary is Collier Boulevard, a six-lane arterial roadway. This arterial roadway network that
frames the West Receiving Area is further demonstration of the public investment in urban levels
of infrastructure in this area.
Lastly, the West Receiving Area does not contain the same level of environmental sensitivity, and
is less proximate/integrated with publicly-owned preserve lands. As evidence on the Collier
County “Green Map”, attached as Exhibit “D”, all other Receiving Areas abut large tracts of
conservations land on one or more boundaries. Conversely, the West Receiving Area does not
directly abut any State, Federal or County Conservation lands, and is predominantly classified
as Planned Unit Development (PUD), Plats/Subdivisions, or Other Developed Areas.
In sum, the West Receiving Area is the most suitable of the Receiving Areas for development
based upon the level of build-out, environmental context, and available public infrastructure
and services. Conversely, this Receiving Area is the most limited in terms of allowable
development by the RFMUD framework due to the extent of build-out and fragmented
ownership of the remaining vacant parcels, which precludes development of a Village at the
higher end of the density range.
C. Density Analysis
As noted above, there have been several communities to develop at a density of 1 DU/AC
under the Clustered development option. The resulting development program in each of
these projects is virtually identical: gated communities with predominantly single-family
detached housing. Currently, housing prices within these communities range from $425,000 to
$835,000, which is well above the price range for workforce housing, which the U.S.
Department of Housing and Urban Development (HUD) defines as “housing that is affordable
to households earning between 80 and 120 percent of Area Median Income”, or $65,700. See
also Table 3 of this report.
Continuing to develop within the Clustered development framework almost certainly ensures that
the West Receiving Area will not achieve any level of affordability or diversity in terms of housing
stock, and will result in an underutilization in the County’s substantial investment in public
infrastructure in this area. This result is recognized in the White Paper as the antithesis of Collier
County’s long-term goals for the RFMUD Receiving Areas framework, and requires a re-examining
of the existing framework.
Appendix A Page 78 of 91
Page 4 of 9
As stated in the White Paper prepared by Collier County, increasing the allowable density within
the Receiving Lands will allow greater diversity in residential products. Specifically, Staff has stated,
“Higher density is essential in this area in order to provide a greater diversity of housing options
and lifestyle choices; decreased spending on infrastructure; increased public transportation
ridership and overall mobility; and the ability to preserve larger tracts of open space by clustering
density.”
As a result of this finding, Staff has recommended an increase in allowable density in the
Clustered development option to two dwelling units per acre (2 DU/AC), and up to seven
dwelling units per acre (7 DU/AC) under the Village development option.
Under the proposed recommendation the West Receiving Area could achieve build-out of its
remaining land area with 2 DU/AC with a 10% bonus, or 2.2 DU/AC, as there is limited potential to
develop a Village.
From a land use standpoint, 2.2 DU/AC is still relatively low suburban density and would result in
predominantly single-family detached development patterns. This analysis proffers an alternative
recommendation to increase the allowable density to three and a half dwelling units per acre
(3.5 DU/AC), solely in the West Receiving Area, and where projects demonstrate compliance with
enhanced design criteria and locational standards via the Planned Unit Development rezoning
process.
By increasing the allowable density to 3.5 DU/AC, developers have a greater ability to provide
residential products that do not exist in this general area. The additional density also allows for the
mitigation of the substantial cost of TDRs. To illustrate these concepts, Waldrop Engineering,
together with Development Planning & Financing Group, Inc. (“DPFG”), modified the Collier
County TDR Program Economic Model to recognize an Alternate Scenario of 3.5 DU/AC.1
Table 1: West Receiving Area Alternate Bonus Density Scenario
Source: Collier County, Waldrop Engineering, DPFG, 2016
1 The Alternate Scenario added to the Collier County TDR Program Economic Model was configured at
approximately 3.0 units per acre as achieving 3.5 units per acre throughout the entire Receiving Area is not
practical.
Appendix A Page 79 of 91
Page 5 of 9
The TDR Program Economic Model uses the land residual value methodology to compare the
development financial feasibility of the baseline, mid-range, and high-range scenarios for the
four Receiving Areas. As shown in Table 2, there are currently no high-range options for the
West Receiving Area which constrains its development potential and opportunities for housing
affordability. However, the Alternate scenario of 3.5 DU/AC significantly improves the
development potential for the West Receiving Area. Because the favorable higher densities
provided by Village Framework are not possible in the West Receiving Area, the Alternate
scenario helps address those inequities.
Table 2: Residual Land Value by Receiving Area Including Alternate Scenario in the West RA
Source: Collier County, Waldrop Engineering, DPFG, 2016
D. Proposed Policy
The following policy language is offered for Staff’s consideration to address the underutilization of
the West Receiving Lands, which are largely built-out with urban and suburban levels of
development; are in close proximity to goods, services, and employment opportunities; are
serviced by urban levels of public infrastructure, including but not limited to: an arterial roadway
network, potable water, and sanitary sewer services.
Editorial Note: It is understood Staff intends to effectuate text amendments to the following
sections of the Future Land Use Element based upon the White Paper. The anticipated changes
directed by the White Paper are shown in strikethrough/underline format, while Neal
Communities’ proposed changes are shown in strikethrough/double underline format.
“A) Receiving Lands: Receiving Lands are those lands within the Rural Fringe Mixed Use
District that have been identified as being most appropriate for development and to
which residential development units may be transferred from areas designated as Sending
Lands. Based on the evaluation of available data, these lands have a lesser degree of
environmental or listed species habitat value than areas designated as Sending and
generally have been disturbed through development, or previous or existing agricultural
operations. Various incentives are employed to direct development into Receiving Lands
Appendix A Page 80 of 91
Page 6 of 9
and away from Sending Lands, thereby maximizing native vegetation and habitat
preservation and restoration. Such incentives include, but are not limited to: the TDR
process; clustered development; density bonus incentives; and, provisions for central sewer
and water. Within Receiving Lands, the following standards shall apply, except for those
modifications that are identified in the North Belle Meade Overlay:
1. Maximum Density: The base residential density allowable for designated Receiving
Lands is one (1) unit per five (5) gross acres (0.2 dwelling units per acre). The maximum
density achievable in Receiving Lands through the TDR process is one (1) dwelling unit
per acre (two (2) dwelling units per acre. This maximum density is exclusive of the
Density Blending provisions. Dwelling Units may only be transferred into Receiving Lands
in whole unit increments (fractional transfers are prohibited). Once the maximum
density is achieved through the use of TDR Credits, additional density may be achieved
as follows:
a) A density bonus of no more than 10% of the maximum density per acre shall
be allowed for each additional acre of native vegetation preserved exceeding
the minimum preservation requirements set forth in Policy 6.1.2 of the CCME.
b) A density bonus of no more than 10% of the maximum density per acre shall
be allowed as provided in Policy 6.2.5(6)b of the CCME.
c) A density bonus of one and a half (1.5) additional dwelling units per acre (for
a total density of three and a half (3.5) dwelling units per acre) shall be allowed
via the use of TDRs in the West Receiving Area subject to the Clustering provisions
in subsection 2 below, and where projects demonstrate the following through
the Planned Unit Development rezoning process.
i. Projects are directly accessed by, or adjacent to one or more arterial- or
collector-level roadways;
ii. Projects must connect to Collier County Utilities and demonstrate
adequate capacity to service the proposed densities, and connect to
reclaimed water service, where available;
iii. Obtain written verification as to adequate, existing public services from
the sheriff, EMS, fire district, Collier County School Board.
iii. A minimum of 10% of the required useable open space must be
common open space, exclusive of individual lots.
Iv. The maximum lot size allowable for a single-family dwelling unit is 10,000
square feet.
2. Clustering: Where the transfer of development rights is employed to increase
residential density within Receiving Lands, such residential development shall be
clustered in accordance with the following provisions:
Appendix A Page 81 of 91
Page 7 of 9
a) Consistent with the provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan, central water and sewer shall be extended to the project.
Where County sewer or water services may not be available concurrent with
development in Receiving Lands, interim private water and sewer facilities may
be approved.
b) The maximum lot size allowable for a single-family detached dwelling unit is
one acre.
c) The clustered development shall be located on the site so as to provide to the
greatest degree practicable: protection for listed species habitat; preservation
of the highest quality native vegetation; connectivity to adjacent natural
reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
3. Minimum Project Size: The minimum project size required in order to receive
transferred dwelling units is 40 contiguous acres.”
E. McCollum Assemblage Test Case
The McCollum Assemblage is a 51+/- acre property and is located north of Vanderbilt
Beach Road, east of Massey Street, and west of Douglas Drive in unincorporated Collier
County, Florida. The property is zoned Rural Agricultural (A) and is designated as with the
Rural Fringe Mixed Use District (RFMUD) – West Receiving Area. See Exhibit “E attached.
The Property is located in a suburban/transitional area of the County, adjacent to existing
and approved residential development, golf course communities, large-lot estates, and
agricultural uses. It is important to note that the Property immediately abuts the Urban
Mixed Use designated lands in the Urban Residential Subdistrict immediately to the west.
The subject property also has approximately 2,500 linear feet of frontage on Vanderbilt
Beach Road, an arterial roadway that is planned for expansion to six lanes by 2020 per the
County’s adopted Long Range Transportation Plan.
Development of the Property at 2 DU/AC is shown on Exhibit F, and results in 83 single-family
lots, with an average lot size of 7,800 square feet. Based upon the County’s economic
model, this development program would result in an approximately sales price of $452,000.
Development of the Property at 3.5 DU/AC is shown on Exhibit G. This development
program achieves 166 attached “twin villa” units with an average lots size of 4,725 square
feet. Applying the County’s economic model to this scenario, the approximate sales price
is $259,000.
Both development options achieve the 70% required usable open space and will meet the
native preservation requirements, based upon available preliminary data. Both
developments are able to connect to Collier County Utilities with adequate capacity to
service the proposed units, and are not anticipated to impact Level of Service on the
surrounding roadway network. Therefore, both development options effectively meet the
Appendix A Page 82 of 91
Page 8 of 9
stated goal of the RFMUD by protecting natural resources and native habitat, while
supporting a compact and contiguous growth pattern that mitigates urban sprawl.
The key differential between the development options, is the higher density program at 3.5
DU/AC achieves all the stated RFMUD goals, while enabling the developer to offer a
clustered single-family product type that is priced substantially lower than the traditional
single-family homes that dominate the area.
The benefits are two-fold. First, this allowable density would facilitate a more diverse
development pattern in the Receiving Areas, and provide an alternative to the
homogenous pattern of single-family detached communities. Secondly, and perhaps more
importantly to the County, the proposal supports market-driven housing opportunities that
accommodate the growing demand of Collier’s workforce. Table 3 illustrates how the
density bonus of an additional 1.5 units per acre proposed for the West Receiving Area can
enhance the County’s workforce homeownership options.
Table 3: McCollum Assemblage Density Bonus Impact on Homeownership Affordability
Product Type
# of
Units 2.0
DU/AC
# of
Units 3.5
DU/AC
Home
Sales
Price
Price-To-
Income
Ratio
Household
Income
Collier
County
AMI
(1) (2) (2) (1) (3) (4) (5)
Single Family (SF 250) 0 0 595,290 3.25 $183,000 $65,700
Single Family (SF 120) 0 0 545,139 3.25 $168,000 $65,700
Single Family (SF 80) 0 0 480,660 3.25 $148,000 $65,700
Detached Villa (DV 65) 83 0 452,003 3.25 $139,000 $65,700
Detached Villa (DV 50) 0 0 337,374 3.25 $104,000 $65,700
Attached Villa (TV 35) (6) 0 166 258,566 3.25 $80,000 $65,700
(1) TDR Program Economic Model as provided by Collier County.
(2) Calculated by Waldrop Engineering.
(3) Typical Price-To-Income Ratio benchmark in the U.S (Texas A&M Real Estate Center).
(4) Home Sales Price Devided by Price-to-Income Ratio.
(5) U.S. Department of Housing and Urban Development Area Median Income for Collier County.
(6) Product type added to TDR Program Economic Model by Waldrop Engineering and DPFG.
F. Policy Support/GMP Consistency
The proposed policy recommendation is in direct compliance with the goals, objectives and
policies of the Collier County Growth Management Plan, and furthers the stated goals of the
RFMUD as follows:
Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the
cost of community facilities by: confining urban intensity development to areas
designated as Urban on the Future Land Use Map; requiring that any additions to the
Urban Designated Areas be contiguous to an existing Urban Area boundary; and,
encouraging the use of creative land use planning techniques and innovative
approaches to development in the County’s Agricultural/Rural designated area, which
Appendix A Page 83 of 91
Page 9 of 9
will better serve to protect environmentally sensitive areas, maintain the economic
viability of agriculture and other predominantly rural land uses, and provide for cost
efficient delivery of public facilities and services.
Policy 5.5: Encourage the use of land presently designated for urban intensity uses
before designating other areas for urban intensity uses. This shall occur by planning for
the expansion of County owned and operated public facilities and services to existing
lands designated for urban intensity uses, the Rural Settlement District (formerly known
as North Golden Gate), and the Rural Fringe Mixed Use District, before servicing new
areas.”
Policy 5.6: Permit the use of clustered residential development, Planned Unit
Development techniques, mixed-use development, rural villages, new towns, satellite
communities, transfer of development rights, agricultural and conservation easements,
and other innovative approaches, in order to conserve open space and
environmentally sensitive areas. Continue to review and amend the zoning and
subdivision regulations as necessary to allow and encourage such innovative land
development techniques.
Policy 7.4: The County shall encourage new developments to provide walkable
communities with a blend of densities, common open spaces, civic facilities and a
range of housing prices and types.”
Thank you for your consideration of the above information. If you have any further questions,
please do not hesitate to contact me directly at (239) 405-7777 ext. 207, or
alexis.crespo@waldropengineering.com.
Sincerely,
WALDROP ENGINEERING, P.A.
Alexis V. Crespo, AICP, LEED AP
Vice President of Planning
Enclosures
cc: Patrick Neal, Neal Communities
Michael Greenberg, Neal Communities
Jason Frost, Neal Communities
Lucy Gallo, DPFG
Appendix A Page 84 of 91
IMMOKALEE RD COLLIER BLVDDAVIS BLVD
RADIO RD
IMMOKALEE RD E
GOLDEN GATE BLVD LIVINGSTON RDWILSON BLVD TAM
I
A
M
I
T
R
L
EI 75CR 858
EVERGLADES BLVD DESOTO BLVD I 75
RANDALL BLVD
R U R A L F R I N G E
R U R A L F R I N G EM I X E D U S E D I S T R I C T
M I X E D U S E D I S T R I C T
Í
0 1 2 3 40.5 Miles
RECEIVING
SENDING
NEUTRAL
North BelleMeade NRPANorth BelleMeade - West
South Belle Meade
North Sending
North BelleMeade
South
North
West
EXHIBIT A - RFMUD Sending and Receiving Areas
Appendix A Page 85 of 91
IMMOKALEE RD
IMMOKALEE RD
EVERGLADES BLVD SEVERGLADES BLVD PINE RIDGE RD
OIL WELL RD
VANDERBILT BEACH RD
RANDALL BLVD OI
L
W
E
L
L
G
R
A
D
E
R
D
18TH AVE NE
GOLDEN GATE BLVD E DESOTO BLVD N56TH AVE NE
43RD AVE NE
GREEN BLVD
GOLDEN GATE BLVD W CR 84613TH ST SWWHITE BLVD WILSON BLVD N28TH AVE SE
6TH AVE SE
8TH AVE SE
4TH AVE SE
4TH AVE NE
6TH AVE NE
8TH AVE NE
21ST ST SW31ST ST SW2ND AVE SE S 1ST ST17TH ST SW2ND AVE NE
29TH ST SW22ND ST SE27TH ST SW25TH ST SW19TH ST SW23RD ST SW41ST AVE NW
58TH AVE NE
66TH AVE NE
60TH AVE NE
31ST AVE NE
10TH AVE SE
54TH AVE NE
64TH AVE NE
20TH ST SE50TH AVE NE
70TH AVE NE
68TH AVE NE
16TH AVE NE
12TH AVE NE
14TH AVE NE
10TH AVE NE
47TH AVE NE
27TH AVE NE
45TH AVE NE
24TH AVE NE
29TH AVE NE
41ST AVE NE
52ND AVE NE
16TH AVE SW 40TH ST NE62ND AVE NE
35TH AVE NE
20TH AVE NE
37TH AVE NE
22ND AVE NE
39TH AVE NE
38TH AVE SE
40TH AVE SE
30TH AVE SE
36TH AVE SE
26TH AVE SE
24TH AVE SE
RATTLESNAKE HAMMOCK RD
20TH AVE SE
34TH AVE SE
18TH AVE SE
32ND AVE SE
12TH AVE SE
14TH AVE SE
16TH AVE SE
22ND AVE SE S 5TH ST8TH ST SE6TH ST SE4TH ST SE18TH ST SE5TH ST SW2ND ST SE16TH ST SE12TH ST SE14TH ST SE10TH ST SE4TH ST NE8TH ST NE6TH ST NE1ST ST SW2ND ST NE1ST ST NW32ND AVE SW 5TH ST NW7TH ST NW3RD ST SW7TH ST SW9TH ST SW3RD ST NW8TH ST NW9TH ST NW6TH ST NW14TH ST NE16TH ST NE10TH ST NE20TH ST NE18TH ST NE12TH ST NE4TH ST NW13TH ST NW22ND ST NE2ND ST NW11TH ST SWDESOTO BLVD S11TH ST NWJUNG BLVD E
MANATEE RD 15TH ST SW15TH ST NW17TH ST NW33RD AVE NW
19TH ST NW21ST ST NW39TH AVE NW
24TH AVE NW
35TH AVE NW
31ST ST NW37TH AVE NW
20TH AVE NW
29TH ST NW7TH AVE SW
1ST AVE SW
18TH AVE NW
25TH ST NW22ND AVE NW
16TH AVE NW
44TH ST SW23RD ST NWS 9TH ST5TH AVE SW
LELY RESORT BLVD14TH AVE NW
27TH ST NW12TH AVE NW
5TH AVE NW
3RD AVE SW
10TH AVE NW
3RD AVE NW
1ST AVE NW
15TH AVE SW
13TH AVE SW
11TH AVE SW
17TH AVE SW
25TH AVE SW
21ST AVE SW
29TH AVE SW
31ST AVE SW
19TH AVE SW
27TH AVE SW
23RD AVE SW
WOLFE RD
SUNSHINE BLVD46TH ST NE44TH ST NE42ND ST NEMULBERRY LNTOWER RD
STOCKADE
R
D
SORRENTO LN50TH TER SWSU
N
S
E
T
R
DHUNTER BLVDNAPLES HERITAGE DRSILVER LAKES
B
L
V
D
CAMPANILE CIR
AVIAMAR CI
RDOGLEG DR46TH ST SW25TH AVE NE
UPOLO LN
NAVASSA LNPALM DR
12TH AVE NE
29TH AVE NE
31ST AVE NE
22ND AVE NE
2ND AVE NE
14TH AVE NE
33RD AVE NE
39TH AVE NE
24TH AVE NEDESOTO BLVD N2ND ST NE2ND AVE SE
24TH AVE SE
66TH AVE NE
18TH ST NE11TH ST SW20TH AVE NE
6TH AVE NE
15TH ST SW64TH AVE NE
9TH ST SW41ST AVE NE
DESOTO BLVD S38TH AVE SE
18TH AVE NE
35TH AVE NE
22ND AVE NE8TH ST NE21ST ST SW5TH AVE SW
5TH AVE NW 14TH ST NE4TH ST NE45TH AVE NE
27TH AVE NE
18TH AVE SE19TH ST SW10TH AVE NE
7TH AVE SW
3RD AVE NW
34TH AVE SE
20TH AVE SE
14TH AVE NE
24TH AVE NE
20TH AVE NE
3RD AVE SW
12TH AVE SE12TH ST NE22ND AVE SE
28TH AVE SE40TH ST NE36TH AVE SE20TH ST NE40TH AVE SE
15TH AVE SW 10TH ST NE12TH AVE NE
13TH AVE SW
4TH AVE SE
26TH AVE SE17TH ST SW22ND ST NE32ND AVE SE
11TH AVE SW
16TH AVE SE
4TH AVE NE
30TH AVE SE
14TH AVE SE
16TH AVE NE
37TH AVE NE 16TH ST NE6TH AVE SE
8TH AVE NE
CR 858
10TH AVE NE
10TH AVE SE
22ND AVE NE
8TH AVE SE23RD ST SW45TH AVE NE
1ST AVE NW
10TH AVE NE
24TH AVE NE
Í
0 1 2 3 40.5
Miles
GIS MAPPING: BETH YANG. AICPGROWTH MANAGEMENT DEPARTMENT
LEECOUNTY
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!(951
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EXHIBIT B - RECEIVING AREA (SEPTEMBER, 2015)
Receiving Area Total Acres: Approx. 27,246 Acres# of Total Parcels: 3,675Receiving Area Vacant Parcels Acres: Approx. 14,937 Acres# of Vacant Parcels: 666
Legend
Vacant Parcels(PAO Land Use Code: 0, 10, 40,47,50-69, 70, 92,95,97 & 99)
Rural Fringe Boundary
Receiving Area
Appendix A Page 86 of 91
MASSEY STEVERGLADES BLVDCR 858LIVINGSTON RD NGOLDEN GATE BLVD WGREEN BLVDGOLDEN GATE PKYVANDERBILT BEACH RDPINE RIDGE RD EXTGOODLETTE RD N LIVINGSTON RD STAMIAMI TRL NCOLLIER BLVDIMMOKALEE RDPINE RIDGE RDOLD US 41GOODLETTE RD SSEAGATE DR85%$16(59,&(60$3&2//,(5&2817<)/25,'$0F&ROOXP3DUFHOV010,000 20,000 30,0005,000Feet±%RQLWD*UDQGH'U6XLWH%RQLWD6SULQJV)ORULGD3 ) ZZZZDOGURSHQJLQHHULQJFRP5 Miles4 Miles3 Miles2 Miles1 Mile#*1#*1#*1#*2#*4#*2#*3#*1#*2#*1#*2#*3#*4#*5#*6#*2#*1*UHDWHU1DSOHV6WDWLRQ#*Parks#*10D[$+DVVH-U3DUN*29LQH\DUGV3DUN*15RXWH%XV6WRSSchools%LJ&\SUHVVElementary School2DNULGJH0LGGOHSchool*XOI&RDVW+LJKSchool/DXUHO2DNElementary School9LQH\DUGV Elementary School*ROGHQ7HUUDFH Elementary School#*LegendFire Stations/EMS#*1*UHDWHU1DSOHVStation ##*21RUWK&ROOLHU6WDWLRQ*UHDWHU1DSOHV6WDWLRQ*1/LEUDULHV#*1(VWDWHV/LEUDU\##*2*ROGHQ*DWH3XEOLF/LEUDU\Bus Routes******&ROOLHU&RXQW\6KHUULII&ROOLHU&RXQW\6KHUULII#6KHULII6WDWLRQV#*1§¨§¨EXHIBIT C - URBAN SERVICES & INFRASTRUCTURE Appendix A Page 87 of 91
City Of Marco Island
City Of Naples
City Of EvergladesSR 29INTERSTATE 75
IMMOKALEE RD
OIL WELL RD
COLLIER BLVDTAMIAMI TRL E
CR 846
SR 82
LIVINGSTON RDTAMIAMI TRL NSR 29 NSAN MARCO RDDAVIS BLVDGOODLETTE RD NPINE RIDGE RD EVERGLADES BLVD NRADIO RD DESOTO BLVD SLOGAN BLVD NSANTA BARBARA BLVDDESOTO BLVD NVANDERBILT BEACH RD
GOLDEN GATE BLVD EVANDERBILT DRAIRPORT PULLING RD NEVERGLADES BLVD SCORKSCREW RD
GOLDEN GATE BLVD W
CO
P
E
L
A
N
D
A
V
E
S9TH ST NWILSON BLVD NS 1ST STB
A
L
D
E
AG
L
E
D
R
N B
A
R
F
I
E
L
D
D
R N 15TH STOLD US 41S BARFIELD DRS COLL
IER
BLVD
BONITA BEACH RD
111TH AVE N
AIRPORT PULLING RD SNE
W
M
A
R
K
E
T
R
D
W
VANDERBILT BEACH RD EXT
º
EXHIBIT D - COLLIER COUNTY EXISTING LAND INVENTORIES
0 4.5 92.25 Miles
GIS MAPPING: BETH YANG. AICPGROWTH MANAGEMENT DEPARTMENTREVISED DATE: AUGUST 25, 2016
Big CypressNational Preserve
Florida PantherNational Wildlife Preserve
Fakahatchee StrandPreserve StateParkPicayune StrandState Forest
Ten ThousandIslands NationalWildlife Refuge
Everglades National Park
Rookery BayNational EstuarineResearch Reserve
CREW
Okaloacoochee SloughState Forest
CollierSeminoleState Park
Delnor-Wiggins Pass State Park
Barefoot BeachPreserve
CorkscrewRegionalEcosystemWatershed
RFMUD Sending Lands
SSA 11
SSA 16
SSA 3
SSA 4
SSA 5
SSA 2
SSA 1
SSA 9
SSA 10 SSA 12
SSA 6
SSA 15
SSA 15
Clam Bay NRPA
(Disclaimer: The information provided is to be used for general mapping purposes only. Ground surveying and records search must be used for absolute boundaries/acreages)
§¨¦75
§¨¦75
§¨¦75
£¤41
£¤41
£¤41
£¤41
£¤41
CREW LakeTraffordImpoundment
LakeTrafford
SSA 7
SSA 13
SSA 14
Corkscrew SwampSanctuary
AVE MARIA SRA
Revised 08-25-16
Stewardship Areas:
500 Foot Restoration Area
Flowway Stewardship Area (FSA)
Water Retention Area (WRA)
Ave Maria SRA
Habitat Stewardship Area (HSA)
RLSA Program Area
Conservation Collier
State, Federal or County Conservation
Conservation Easement
SSA
RFMUD Sending Lands
ACSC
PUD
Plats/Subdivisons
Estates
Other Developed Area(Non-platted golf courses, FPL, government, schools, churches, etc.)
RFMUD Boundary
City Limits
Immokalee urban Area
GROWTH MANAGEMENT DEPARTMENT
Appendix A Page 88 of 91
VANDERBILT BEACH ROADCR-951PROPERTY BOUNDARY
B:\Projects\542-01 McCollum Parcels\Drawings-Exhibits\542-01-E06 - Project Aerial\Current Plans\54201E0601.dwg11/1/2016 9:35:42 AMWALDROP
ENGINEERING
PREPARED FOR:
McCOLLUM PARCEL
CIVIL ENGINEERING & LAND
DEVELOPMENT CONSULTANTS
UPDATED:
FILE NAME:
FLORIDA CERTIFICATE OF AUTHORIZATION #8636
28100 BONITA GRANDE DRIVE - SUITE 305
BONITA SPRINGS, FL 34135
P: 239-405-7777 F: 239-405-7899
EMAIL: info@waldropengineering.com
PROJECT AERIAL
2016/11/01
54201E0601
0
SCALE IN FEET
200 400 800
EXHIBIT E - AERIAL LOCATION MAP
Appendix A Page 89 of 91
VANDERBILT BEACH RD DOUGLAS STREETCOLLIER COUNTY FUTURE
ROW RESERVATION
NATIVE
PRESERVATION
AREA
MASSEY
ST
ROW
TAKING
LAKE
OWNER
RETAINED
PROPERTY
AMENITY
TRACT
NATIVE PRESERVATION AREA
LEGEND
LAKE
OWNER RETAINED PROPERTY
LAKEMASSEY STREETR.O.W. RESERVATION OR TAKING
R
R
R
R
RR
R
R
PERIMETER BUFFER
SINGLE FAMILY ATTACHED
(83 DU)
0
SCALE IN FEET
50 100 200WALDROPENGINEERINGCIVIL ENGINEERING &LAND DEVELOPMENT CONSULTANTSSET NUMBER:
SHEET :
XXX-XX-XX28100 BONITA GRANDE DRIVE - SUITE 305 BONITA SPRINGS, FL 34135P: 239-405-7777 F: 239-405-7899 EMAIL: info@waldropengineering.com1
B:\Projects\542-01 McCollum Parcels\Drawings-Exhibits\542-01-E07 - CC White Paper Exhibit\Current Plans\54201E0703.dwg12/8/2016 9:33:05 AMMcCOLLUM (≈51 AC)NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC.CONCEPTUAL SITE PLANFLORIDA CERTIFICATE OF AUTHORIZATION #8636PLAN REVISIONSREV00 <<SUBMITTED / BID SET>> XX/XX/XXEXHIBIT F - SINGLE FAMILY CONCEPT PLAN
Appendix A Page 90 of 91
VANDERBILT BEACH RD DOUGLAS STREETCOLLIER COUNTY FUTURE
ROW RESERVATION
NATIVE
PRESERVATION
AREA
MASSEY
ST
ROW
TAKING
LAKE
OWNER
RETAINED
PROPERTY
AMENITY
TRACT
NATIVE PRESERVATION AREA
LEGEND
LAKE
OWNER RETAINED PROPERTY
LAKEMASSEY STREETR.O.W. RESERVATION OR TAKING
RR
R
R
RR
R
R
PERIMETER BUFFER
SINGLE FAMILY ATTACHED
(166 DU)
0
SCALE IN FEET
50 100 200WALDROPENGINEERINGCIVIL ENGINEERING &LAND DEVELOPMENT CONSULTANTSSET NUMBER:
SHEET :
XXX-XX-XX28100 BONITA GRANDE DRIVE - SUITE 305 BONITA SPRINGS, FL 34135P: 239-405-7777 F: 239-405-7899 EMAIL: info@waldropengineering.com1
B:\Projects\542-01 McCollum Parcels\Drawings-Exhibits\542-01-E07 - CC White Paper Exhibit\Current Plans\54201E0702.dwg12/8/2016 9:33:27 AMMcCOLLUM (≈51 AC)NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC.CONCEPTUAL SITE PLANFLORIDA CERTIFICATE OF AUTHORIZATION #8636PLAN REVISIONSREV00 <<SUBMITTED / BID SET>> XX/XX/XXEXHIBIT G - TWIN VILLA/ATTACHED VILLA CONCEPT PLAN
Appendix A Page 91 of 91
Appendix B
Rural Fringe Mixed-Use District Restudy
North Belle Meade Mitigation Feasibility Study
Appendix B Page 1 of 59
Project No. 16CCG2467
NORTH BELLE MEADE
MITIGATION FEASIBILITY STUDY
July 2016
Prepared For:
Collier County Zoning Division
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-7268
Prepared By:
Passarella & Associates, Inc.
13620 Metropolis Avenue, Suite 200
Fort Myers, Florida 33912
(239) 274-0067
Appendix B Page 2 of 59
i
EXECUTIVE SUMMARY
An analysis of the potential mitigation values versus costs of utilizing the North Belle Meade for
wetland and species mitigation was performed.
In the absence of sufficiently detailed data regarding site-specific characteristics (hydrologic
conditions, levels and locations of infestations by exotic vegetation, and wetland versus upland
acreages) for most of the 1,133 individual parcels comprising the North Belle Meade, this
analysis was based on generalized land characteristics.
The numerical analysis of the value of potential wetland credits, potential values of uplands for
species mitigation (habitat compensation), and the costs associated with the generation of these
values were calculated for several hypothetical situations with various combinations of the
results presented in graphic form.
Without a significant effort to improve the existing hydrologic conditions for more than small
areas, analysis data indicates that a particular type of wetland mitigation program known as a
single-user Regional Off-Site Mitigation Area (ROMA)/In -Lieu Fee (ILF) provides the most
positive cost-benefit ratio.
Sufficient wetland credit and habitat compensation demand to warrant consideration of the
ROMA/ILF concept is found in Collier County’s 2040 Needs Assessment for future road
projects where the projected money needed for wetland mitigation and panther habitat units for
Cost-Feasible Roads is $11,058,000 and $6,932,000, respectively. The actual cost to Collier
County of the projected transportation-related mitigation/compensation needs could be
significantly lower on a per unit basis by using a ROMA/ILF project to generate all or a portion
of the needed credits and habitat compensation. Additionally, the funds spent internally
purchasing the mitigation/compensation could be used to expand and operate the ROMA/ILF
program.
A Collier County single-user ROMA/ILF project within the North Belle Meade appears to be a
cost-feasible generator of wetland mitigation credits and panther habitat compensation if the
ROMA/ILF is of sufficient size and properly located to assure long-term support for the Florida
panther.
This initial feasibility study concludes that a ROMA/ILF program is potentially feasible and
cost-effective, based on broad characterizations of North Belle Meade and a range of reasonable
assumptions. To further refine the analysis results and increase the level of certainty regarding
the feasibility of portions of North Belle Meade to serve as cost-effective mitigation, further
steps are recommended. A more site-specific mitigation evaluation tool, based on the
methodology used in this analysis, is currently being developed to allow for efficient evaluations
of specific areas within North Belle Meade. This site-specific evaluation tool will allow the input
of data gained from limited site reconnaissance of particular parcels or areas to generate site-
specific data regarding potential mitigation values and associated costs. The results of this type
of analysis, based on more site-specific data, will result in a higher degree of accuracy and allow
Appendix B Page 3 of 59
ii
for a higher degree of certainty regarding the potential for a specific area or areas to serve as
feasible mitigation value generators.
Appendix B Page 4 of 59
iii
TABLE OF CONTENTS
Page
1.0 Introduction .......................................................................................................................1
2.0 Analysis Purpose/Goal ......................................................................................................1
3.0 Analysis Constraints .........................................................................................................1
4.0 Overview of Wetland Mitigation Programs ......................................................................2
4.1 Permittee Responsible Mitigation .........................................................................3
4.2 Wetland Mitigation Banking.................................................................................3
4.3 Regional Off-Site Mitigation Area .......................................................................4
4.4 In-Lieu Fee ............................................................................................................4
5.0 Habitat Conservation Banks .............................................................................................4
6.0 Regulatory Agencies .........................................................................................................5
6.1 FDEP/SFWMD .....................................................................................................5
6.2 COE.......................................................................................................................5
6.3 USFWS .................................................................................................................5
7.0 Mitigation Programs – Applicability to North Belle Meade ............................................6
7.1 PRM ......................................................................................................................6
7.2 Wetland Mitigation Bank ......................................................................................6
7.3 ROMA/ILF ...........................................................................................................6
7.4 Habitat Conservation Bank ...................................................................................7
8.0 Mitigation Analysis Framework .......................................................................................7
9.0 Mitigation Numerical Analysis and Results ...................................................................10
9.1 Wetland Credit Generation .................................................................................10
9.2 Upland Credit Habitat (Compensation) Generation ...........................................13
Appendix B Page 5 of 59
iv
Table of Contents (Continued)
Page
10.0 Mitigation Values............................................................................................................13
11.0 Credit Generation Costs ..................................................................................................14
11.1 Cost Assumptions ...............................................................................................14
11.1.1 Land Costs ..............................................................................................14
11.1.2 Implementation Time Period ..................................................................15
11.1.3 Initial Exotic Treatment Eradication .......................................................15
11.1.4 Treatment Costs ......................................................................................15
11.1.5 Funding of Perpetual Maintenance .........................................................15
11.1.6 Prescribed Burning..................................................................................15
11.1.7 Program Administrative Cost .................................................................16
11.2 Implementation Costs .........................................................................................16
11.3 Total Credit Generation Costs ............................................................................16
12.0 Mitigation Value and Costs Comparisons ......................................................................17
13.0 Discussion of Numerical Analysis Results .....................................................................20
13.1 Areas of Hydrologic Enhancement, Exotic Eradication, and
Land Management ..............................................................................................20
13.2 Areas with Exotic Eradication and Land Management ......................................20
13.3 ROMA/ILF .........................................................................................................21
14.0 ROMA/ILF Program Considerations ..............................................................................22
15.0 Permit Process .................................................................................................................25
16.0 Conclusion and Recommendations .................................................................................26
17.0 Recommended Next Steps – Assuming ROMA/ILF Option ..........................................26
Appendix B Page 6 of 59
v
LIST OF TABLES
Page
Table 1. Exotic Infestation Scenarios .........................................................................10
Appendix B Page 7 of 59
vi
LIST OF FIGURES
Page
Figure 1. Wetland Credits without Hydrologic Enhancement ....................................... 12
Figure 2. Wetland Credits with Hydrologic Enhancement ............................................ 12
Figure 3. Mitigation Value without Hydrological Enhancement ................................... 13
Figure 4. Mitigation Value with Hydrological Enhancement ........................................ 14
Figure Series 5. Mitigation Value versus Cost.......................................................................... 17
Figure Series 6. Wetland Value Only versus Cost .................................................................... 19
Figure Series 7. (Combined) Mitigation Value versus Cost .................................................... 23
Appendix B Page 8 of 59
vii
LIST OF EXHIBITS
Page
Exhibit 1. UMAM Worksheets .................................................................................... E1-1
Exhibit 2. Mitigation Value Tables ............................................................................. E2-1
Exhibit 3. Implementation Costs ................................................................................. E3-1
Exhibit 4. Credit Generation Cost Tables .................................................................... E4-1
Appendix B Page 9 of 59
1
1.0 INTRODUCTION
Under Collier County Contract No. 15-6397/Purchase Order No. 4500167795, Passarella &
Associates, Inc. (PAI) has been requested to perform an analysis of the North Belle Meade –
Natural Resource Protection Area (NRPA) for the potential to generate wetland credits and/or
wildlife habitat compensation units. The project includes the areas designated as the North Belle
Meade West area at approximately 3,100 acres in size and the North Belle Meade NRPA area at
approximately 6,500 acres in size. The overall North Belle Meade is comprised of a variety of
upland and wetland habitat types. While much of the area is relatively undeveloped, areas of
agriculture, pasture, residential, and other land uses exist within the overall North Belle Meade
boundary and in the Belle Meade West area in particular.
Portions of the North Belle Meade are known to be used by red-cockaded woodpecker (Picoides
borealis), Florida panther (Puma concolor coryi), and other species under the protection of state
and/or federal laws. The long-term use and value of lands within the North Belle Meade for
listed wildlife species is highly dependent on future development patterns and land conservation
programs.
A Transfer of Development Rights (TDR) program with areas eligible to send development
rights from and areas eligible to receive additional development rights is currently in place for
significant portions of the North Belle Meade. This TDR program awards sending unit credits for
various limitations on land use with the greatest number of units awarded for removal of all
development rights and habitat restoration with the restored lands placed under some form of
governmental ownership.
2.0 ANALYSIS PURPOSE/GOAL
The purpose of this analysis is to evaluate the potential values of lands within the North Belle
Meade for wetland mitigation and/or wildlife habitat compensation versus the costs associate
with generating any wetland mitigation or habitat compensation values. The primary goal of this
analysis is to provide useful information to decision-makers regarding the potential options for
long-term management of conveyed or acquired lands within the North Belle Meade.
3.0 ANALYSIS CONSTRAINTS
At a combined size of 9,600± acres with 1,133 distinct parcels, parcel-specific habitat
evaluations within the North Belle Meade are not possible within the scope of this analysis.
The primary available land cover/land use mapping and data sources are the National Wetlands
Inventory (NWI) and the South Florida Water Management District (SFWMD). Of the two
sources, the SFWMD Florida Land Use, Cover and Forms Classification System (FLUCFCS)
mapping provides more accurate and current mapping identifications of existing land uses and
land cover. Both the NWI and the SFWMD mapping rely on photointerpretation of high level
aerial photography. A limitation of this methodology is the limited ability to identify levels of
Appendix B Page 10 of 59
2
infestation by exotic and invasive vegetation species unless the infestation is clearly visible at
vegetation canopy height. Without more specific data regarding the extent, type, and locations
of exotic vegetation infestation levels, this analysis must rely on hypothetical exotic infestation
scenarios as explained in the Mitigation Analysis Framework section.
Another constraint of NWI and FLUCFCS mapping is their limited ability to ascertain the
hydrologic conditions on sites where the presence or absence of hydrology is not easily
discernable from aerial photography. Many areas within North Belle Meade have been subject to
hydrologic impacts, primarily from interruption of surface flows or drainage resulting from the
Golden Gate canal system. The mapping of over-drained areas that register as wetland based on
a mapping of canopy cover types may not accurately capture the fact the area no longer has
sufficient hydrology to qualify as wetland. Because the available land use/land cover mapping
may not accurately identify wetland versus upland areas, a range of possible upland versus
wetland habitat percentages is used in this analysis as more fully explained in the Mitigation
Analysis Framework section.
4.0 OVERVIEW OF WETLAND MITIGATION PROGRAMS
The concept of wetland mitigation is derived from existing state and federal regulatory programs
that protect wetlands and replace lost wetland functions through the restoration, enhancement,
and protection of existing wetlands or through the creation of new wetlands. Both the state and
federal programs contain regulatory language regarding each type of mitigation programs.
Wetland mitigation is primarily used to offset the loss of wetland functions resulting from the
direct or indirect impacts of projects on state and/or federal jurisdictional wetlands.
Elements common to current state and federal wetland mitigation programs include:
1) Goal of no net loss of wetland functions
2) Clearly defined ecological goals and mitigation plan
3) Use of an acceptable wetland functional assessment methodology to assess wetland
functions lost by impacts and the replacement wetland functions gained through mitigation
4) The landscape context of any mitigation should be relevant to the wetlands impacted
5) Mitigation must have clearly defined and verifiable success criteria tied to wetland
functionality
6) A conservation easement that limits land uses and activities inconsistent with wetland and
habitat preservation goals
7) Financial assurances are required to assure mitigation plan implementation
8) Financial assurances are required to assure sufficient funding for perpetual mitigation site
management and protection
9) Monitoring and reporting to regulatory agencies
This analysis does not provide a detailed breakdown of each program but rather focuses on the
key components of each program relative to the North Belle Meade (credit generation and
constraining elements of each program).
Appendix B Page 11 of 59
3
4.1 Permittee Responsible Mitigation
The approach of Permittee Responsible Mitigation (PRM) was once the main form of
mitigation, where the applicant proposing a wetland impact would also propose project-
specific mitigation to offset any wetland functional loss. The success of PRM was highly
variable and PRM is now much less common than the use of mitigation banks or other
large scale mitigation programs under both the state and federal wetland regulatory
programs. Some parcels within the North Belle Meade have been used for PRM, but the
PRM concept involves a case-by-case permitting decision and is not applicable to this
analysis.
4.2 Wetland Mitigation Banking
Wetland mitigation banking has gained widespread support throughout the country and is
now the preferred form of mitigation for both the state and federal regulatory programs.
To permit and operate a wetland mitigation bank, the bank site must be clearly defined
under the ownership or control of the project sponsor. Wetland mitigation banks are
typically large enough to benefit the environment on a landscape scale and are run as
businesses with the wetland mitigation credits being the commodity to be sold on the
open market. Following a detailed and thorough permitting process, wetland mitigation
banks implement a mitigation plan and earn credits for various levels of implementation
completion and for verifiable levels of ecological success. Wetland credits can be sold to
offset wetland impacts from projects within a prescribed “service area,” typically a
defined watershed of combination of watershed. Ideally, the wetland functional
assessment methodology used to evaluate project impacts must be the same as the
methodology used to assess the wetland functional gains at the wetland mitigation bank
site.
The State of Florida and the federal government each have their own mitigation banking
requirements and regulations, which are similar in many ways. One primary difference is
the application of the wetland functional assessment methodology, whereby Florida’s
application tends to yield more credits than the federal application. For the purposes of
this analysis, the more conservative number of credits likely to be generated under the
federal mitigation banking program is used for credit generation calculations. Projects
proposing impacts to wetlands in Southwest Florida typically require permit approval
under both the state and federal regulatory programs and, therefore, require wetland
credits acceptable under both the both state and federal regulatory programs.
Local governments or state agencies can establish and operate a wetland mitigation bank.
However, to maintain a level playing field with private commercial mitigation banking
for credit pricing, government mitigation banking is required to use a “full cost
accounting” methodology when calculating the cost of generating credits. Among other
things, full cost accounting requires that the fair market value of land be included as a
credit generation cost. The end concept and relevance of full cost accounting is explained
in more detail later in this document.
Appendix B Page 12 of 59
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4.3 Regional Off-Site Mitigation Area
Regional Off-Site Mitigation Area (ROMA) is a defined program under the state of
Florida regulatory program for wetlands. The ROMA program is currently available to
local governments and some qualified non-profit organizations. ROMA projects
(typically referred to as “ROMAs”) have been initiated in several locations around
Florida, with varying levels of ecological success. The concept of ROMAs was born out
of the desire to consolidate the efforts and funds expended on minor, smaller, and/or
disjointed mitigation projects into more cohesive and meaningful mitigation efforts with
benefits on a landscape sale. ROMAs have been used to collect funds in a type of early
credit sale basis with the defined goal of using the funds to purchase/acquire land and
implement a mitigation plan. The sale of these early or “prospective” wetland credits has
become an area of regulatory concern because some ROMA projects can take many years
to actually implement any mitigation plan elements that produce actual “lift” to existing
wetland functions. Credits generated by ROMAs may be sold on the open market, subject
to full cost accounting of credit generation costs.
4.4 In-Lieu Fee
The federal In-Lieu Fee (ILF) program is similar to Florida’s ROMA program with many
of the same benefits and constraints. The ILF program allows for early credits, the
collection of fees for land purchases and planned work, and does not always require that
the entire proposed ILF area be under the ownership of the applicant. As in wetland
mitigation banking, a permit separate and distinct from the state’s permit is required
under the federal program.
Both ROMA and ILF project areas can include land not yet under a single ownership or
control. In addition, ROMAs and ILF projects may be composed of multiple, distinct, and
even widely separated parcels, provided the various parcels share an ecological
commonality in a landscape context.
While both ROMA and ILF programs are primarily for wetland mitigation credit
generation, upland areas may be included and their value to listed species can be
accounted for within a ROMA/ILF using the same principles discussed under the Habitat
Conservation Bank section below.
5.0 HABITAT CONSERVATION BANKS
Habitat Conservation Banking involves the long-term management and preservation of existing
wildlife habitats for the benefit of specific protected species. Unlike wetland mitigation, which is
intended to replace wetland losses (no net loss of wetland function as its goal), habitat
conservation is used to protect existing habitat values, where no such protection currently exists
as compensation for direct or indirect habitat impacts elsewhere. The terms “compensation” and
“habitat compensation” are used throughout this analysis to differentiate units and values derived
Appendix B Page 13 of 59
5
from benefits to listed species habitat versus “mitigation” which is used for increases in wetland
function.
Habitat conservation banks typically provide species-specific compensation units that can be
used to offset impacts to other habitat used by a given protected species. Habitat Conservation
Banks can be used for more than one species when the bank site has appropriate habitat types
and when the required land management and habitat goals of the different species are not in
conflict. As with wetland mitigation banking, a habitat conservation bank has a defined service
area, specific ecological goals, and requirements for financial assurances for implementation and
long-term management.
6.0 REGULATORY AGENCIES
For permitting of wetland impacts and associated mitigation requirements in Southwest Florida,
the State’s wetlands protection program is administered by the Florida Department of
Environmental Protection (FDEP), the SFWMD, and the federal program by the U.S. Army
Corps of Engineers (COE). The program for permitting of habitat conservation banks is
administered by the U.S. Fish and Wildlife Service (USFWS).
6.1 FDEP/SFWMD
The FDEP typically permits wetland mitigation banks where a given state water
management district has an operational role, financial interest, or other potential conflict.
The FDEP solicits and considers input from the Florida Fish and Wildlife Conservation
Commission (FWCC) regarding wildlife issues. The SFWMD typically permits all other
wetland mitigation banks and also utilizes comments and input from the FWCC. ROMAs
are typically reviewed by the FDEP with FWCC input.
6.2 COE
Federal review of wetland mitigation or ILF applications involves multiple federal
agencies with COE typically taking the role of lead agency. The assigned COE project
manager leads a multi-agency team known as an Interagency Review Team (IRT). For a
proposed wetland mitigation bank or ILF in the North Belle Meade, the primary IRT
participants are most likely to be the COE, the U.S. Environmental Protection Agency
(EPA), and the USFWS.
6.3 USFWS
Federal review of habitat compensation banks involves the USFWS with input from the
FWCC.
Appendix B Page 14 of 59
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7.0 MITIGATION PROGRAMS - APPLICABILITY TO NORTH BELLE MEADE
7.1 PRM
PRM is project and parcel-specific and not currently encourage by regulatory agencies.
As such, a PRM project is not considered in this analysis.
7.2 Wetland Mitigation Bank
The establishment of a wetland mitigation bank within the North Belle Meade is
compared as an alternative within this analysis. Challenges inherent with wetland
mitigation banking include the need for property ownership or control from the onset of
permitting, and a well-defined time schedule for implementation and full success.
7.3 ROMA/ILF
For the purposes of this analysis, ROMA and ILF project requirements are considered
jointly with the most restrictive element of each program dictating for specific
requirements or criteria. A ROMA/ILF project could only be proposed by Collier County
or by a qualified non-profit entity for the North Belle Meade. A ROMA/ILF project
appears to be a closer fit to the current conditions, opportunities, and constraints of using
the North Belle Meade for possible wetland credit and habitat compensation units based
on the following elements common to both programs.
The proposed project area does not need to be in single ownership or control at the time
of project permitting or at the time of initial implementation on areas or phases under
permittee’s ownership or control. Early credit sales can be used to acquire land and/or
fund implementation of mitigation plan/activities.
Required time frames for mitigation implementation and project phases tend to be more
flexible with ROMA/ILF projects than with wetland mitigation banking. Open Market
ROMA/ILF wetland credits generated by a ROMA/ILF project could be permitted as
available to be sold on the open market if the full cost accounting method for credit
generation cost is used as the basis for the pricing of credits (explained in more detail in
Numerical Analysis Section of this report).
Single User ROMA/ILF- An alternative to an open market ROMA/ILF is the single-user
ROMA/ILF project. This approach would identify Collier County as the user of the
wetland mitigation credits and habitat compensation units from a ROMA/ILF sponsored
and supported by Collier County. Under this approach, the hypothetical costs of
generating the credits (the full cost accounting methodology) are not required as a basis
for credit pricing.
This analysis provides the costs to generate credits with and without land costs to
differentiate between an open market ROMA/ILF (or wetland mitigation bank) and the
single-user ROMA/ILF alternative.
Appendix B Page 15 of 59
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7.4 Habitat Conservation Bank
The use of appropriate lands within the North Belle Meade for habitat compensation, as
either a separate distinct habitat conservation bank or as a component of a ROMA/ILF
project would add a valuable component to a ROMA/ILF project.
The North Belle Meade is home to, or used by, a number of state and federally-listed
wildlife species including the Florida panther, wood stork (Mycteria americana), and red-
cockaded woodpeckers. For the purposes of this analysis, habitat compensation needs and
habitat compensation units for the Florida panther are used to represent the potential
value of uplands. A more detailed breakdown of other species compensation
opportunities is possible but beyond the scope of this analysis. The use of panther as the
driver of habitat compensation needs/values is reasonable given the prevalence of panther
in the North Belle Meade and the prevalence of panther compensation needs throughout
significant portions of Collier County.
The permitting of habitat compensation banks for panthers falls primarily under the
jurisdiction of the USFWS with concurrence from the FWCC. For lands to be acceptable
as compensation they must typically be either reasonably contiguous with a large area of
existing conservation lands or large enough to provide a significant percentage of an
adult panther home range habitat needs; not located where proximate or regional impacts
may occur that would diminish the lands functionality for, or availability, to panther; and
able to be actively managed to enhance and protect habitat values important to panther in
perpetuity.
In the past, the USFWS has expressed reservations regarding the use of smaller and/or
disjointed parcels in the North Belle Meade as for panther compensation. Also, concern
exists over County road alternatives under consideration and the potential long-term land
use patterns. The establishment of wetland mitigation bank or ROMA/ILF project area
could potentially allay USFWS concerns.
8.0 MITIGATION ANALYSIS FRAMEWORK
The following analysis is based on evaluating the potential value of wetland mitigation and
upland habitat compensation versus the potential costs to generate those values for a given area.
In this analysis, Wetland Mitigation Value is used as the number of wetland credits generated
times the current market per-credit price. Similarly, Upland Mitigation Value is used in this
analysis as the number of habitat compensation units generated times the current market price
per unit. The concept of Combined Mitigation Value is used to represent the combined values of
wetland credits generated (based on market value) plus the value of panther compensation units
(based on market value). This can be equated as:
Mitigation Value ($) = (# of credits x credit market price) + (# of panther compensation
units x compensation unit market price)
Appendix B Page 16 of 59
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Wetland credits are primarily awarded for verifiable increases in wetland functionality and the
long-term management and protection of wetlands. The increase in wetland functions is often
referred to as “lift.” The primary drivers for ecological lift of wetlands in the North Belle Meade
are will likely be the removal and ongoing control of exotic and nuisance vegetation plus the
placement of lands into a single, cohesive program for long-term protection and management.
Lands with exotic infestations levels too high to reasonably expect wetland revitalization
following exotic removal will be cleared and subject to a wetland replanting program.
The potential does exist for significant ecological lift if hydrological enhancements can be made
to improve the duration and/or depth of water within the hydroperiod wetlands. Much of the
North Belle Meade has experienced hydroperiod alterations/impacts from past surface flow and
ground flow alterations. Meaningful hydrologic enhancements would involve large scale water
routing alterations that would require significant studies and permitting. This analysis includes
results for wetland benefits both with and without hydrological enhancements, not to show that
hydrological enhancement are probable, but to show the benefits of hydrological enhancements
relative to credit/value generation should they occur as coincidental to any large scale hydrology
improvement projects in the North Belle Meade.
The state’s methodology for assessing wetland functions and wetland functional lift directly
credits uplands for wetland functional lift. The methodology accepted by the COE only does so
indirectly, consequently the federal program typically assigns lower lift scores than the state for a
given area when uplands are present. Because most wetland impacts in Southwest Florida require
mitigation under both the state and federal regulatory programs, only wetland lift generated by
wetland areas (credits acceptable to both the state and the COE) are considered in this analysis.
Upland areas are valued in this analysis based on a key assumption that a given area will be
determined to be acceptable for panther habitat compensation by the USFWS and the FWCC.
Panther habitat compensation units are given as Panther Habitat Units (PHUs) and the number of
PHU a given acre can provide is determined by a USFWS-approved methodology whereby
habitat scores ranging from 1 to 10 are assigned based on habitat types (tied to preference of use
by panther). For a given area, the total PHUs are the sum of each habitat’s score times the
acreage of that habitat type. For the purposes of this analysis, a conservative PHU habitat score
of 7 units per acre is assigned to each upland acre. Wetland acreages also provide PHUs in the
USFWS methodology and wetland mitigation credits often carry a number of PHUs with them.
However, because this analysis is evaluating the potential combined mitigation value of areas,
the market price of wetland credits is assumed to include the imbedded PHU value associated
with wetland credits. In other words, the value of PHUs from wetland areas is treated as covered
in the wetland credit prices.
The numbers of wetlands credits that can be generated in many areas within North Belle Meade,
absent any hydrologic restoration, are primarily driven by the amount of exotic vegetation
present. Currently, available mapping of land cover types in North Belle Meade (National
Wetlands Inventory Mapping and SFWMD FLUCFCS mapping) do not including mapping of
exotics or their levels of infestation. Without mapping of the location, extent, and relative levels
of exotic infestations, an overall analysis of potential credit generation must rely on generalized
characteristics of the area.
Appendix B Page 17 of 59
9
Should a specific portion(s) or area(s) of the North Belle Meade be defined for mitigation use,
site reconnaissance could be performed to estimate exotic levels, and a more detailed site-
specific analysis of credit generation potential and credit generation costs could be performed.
Absent a clearly defined discrete area(s) for evaluation, the following analysis utilizes four
potential scenarios for levels of exotic vegetation typical for the North Belle Meade. Numerical
and graphed results in this analysis are normalized to a hypothetical 100-acre parcel size to
facilitate visualization and understanding.
Fundamentally, the mitigation analysis framework can be given as:
• Determination of potential wetland credits generated by wetlands (without hydrologic
enhancement) on a hypothetical 100-acre parcel for various levels of exotic vegetation
infestation levels and varying percentages of wetland versus upland.
• Determination of potential wetland credits generated by wetlands (with hydrologic
enhancement) on a hypothetical 100-acre parcel for various levels of exotic vegetation
infestation levels and varying percentages of wetland versus upland.
• Determination of potential wetland credit generation costs for a hypothetical 100-acre
parcel for various levels of exotic vegetation infestation levels and varying percentages of
wetland versus upland.
• Determination of potential upland habitat (compensation) value for a hypothetical 100-
acre parcel for varying percentages of wetland versus upland.
• Determination of Combined Mitigation Value as the value of wetland credits plus the
value of upland compensation for a hypothetical 100-acre parcel for various levels of
exotic vegetation infestation levels and varying percentages of wetland versus upland.
• Determination of the costs to generate the above, both with and without land costs.
• Comparison of Cost of Mitigation Generation versus value of:
Wetland Mitigation (without hydrologic enhancement)
Wetland Mitigation (with hydrologic enhancement)
Wetland Mitigation (without hydrologic enhancement) plus Upland Mitigation
Wetland Mitigation (with hydrologic enhancement) plus Upland Mitigation
9.0 MITIGATION NUMERICAL ANALYSIS AND RESULTS
9.1 Wetland Credit Generation
As indicated in the Mitigation Analysis Framework section, four representative scenarios
for exotic vegetation infestation levels are used to approximate a range of habitat
conditions typical of the North Belle Meade. These same infestation level scenarios are
Appendix B Page 18 of 59
10
used consistently throughout this analysis, including the analysis of costs. The four
scenarios used are presented below in tabular form.
Table 1. Exotic Infestation Scenarios*
Scenario 1 - Generally low levels of exotic vegetation infestation
Exotic Infestation Level Percentage of a Given Area
Minimal 80
Minor 0-25% (E1) 20
Moderate 25-50% (E2) 0
High 50-75% (E3) 0
Severe 75-100% (E4) 0
Total 100
Scenario 2 - Generally moderate levels of exotic vegetation infestation
Exotic Infestation Level Percentage of a Given Area
Minimal 30
Minor 0-25% (E1) 30
Moderate 25-50% (E2) 20
High 50-75% (E3) 20
Severe 75-100% 0
Total 100
Scenario 3 - Generally moderate to high levels of exotic vegetation infestation
Exotic Infestation Level Percentage of a Given Area
Minimal 20
Minor 0-25% (E1) 15
Moderate 25-50% (E2) 20
High 50-75% (E3) 35
Severe 75-100% (E4) 10
Total 100
Scenario 4 - Generally very high levels of exotic vegetation infestation
Exotic Infestation Level Percentage of a Given Area
Minimal 0
Minor 0-25% (E1) 10
Moderate 25-50% (E2) 15
High 50-75% (E3) 35
Appendix B Page 19 of 59
11
Scenario 4 (Continued)
Exotic Infestation Level Percentage of a Given Area
Severe 75-100% (E4) 40
Total 100
*Note: Using a weighted average approach for each infestation scenario with E1 acreages
weighted by 1, E2 acreages by 2, E3 acreages by 3, and E4 acreages by 4, and the resultant sum
divided by 10 (1+2+3+4) yields a weighted average of 2, 13, 20, 30, indicating a reasonable
distribution of infestation scenarios
The wetland functional assessment methodology required by the state and primarily used
for permitting through COE is the Uniform Mitigation Assessment Methodology
(UMAM).
For wetland credit calculations for each land cover type and in general terms, UMAM
assigns scores on a per acre basis for existing conditions and for the proposed conditions
should a proposed mitigation plan be implemented and successful. The difference
between scoring of the existing conditions and the scoring of the with-mitigation
conditions is calculated as the ecological lift (also called the “delta”). Factors for “Risk”
(based on the likelihood the proposed wetland mitigation will ultimately succeed) and
“Time Lag” (the anticipated time difference between when a wetland impact occurs and
the associated mitigation reaches a high level of functionality) are selected and used to
modify the lift number to arrive at the per acre credit number for that land cover type. To
get the total wetland credits, each land cover type acreage is multiplied by the per-acre
credit number for that land cover and the results are summed.
For this analysis, where the primary credit generation is exotic eradication, the Risk and
Time Lag factors are assumed to be negligible because the process of exotic eradication
is known to be a successful tool and the ecological benefits begin immediately.
The total number of wetland credits that a given area can generate is a function of the
number of wetland acres within the area. For areas comprised of both uplands and
wetlands, the total wetland credit number must be adjusted down based on the percentage
of the area that is upland.
For this analysis the following hypothetical upland/wetland ratios are used to provide a
range of possible condition as the y-axis on graphs:
• 10 Percent Upland/90 Percent Wetland
• 25 Percent Upland/75 Percent Wetland
• 50 Percent Upland/50 Percent Wetland
• 75 Percent Upland/25 Percent Wetland
• 90 Percent Upland/10 Percent Wetland
Appendix B Page 20 of 59
12
The total number of credits a given area can generate is a function of the UMAM scoring
tables for the four infestation level scenarios based on a hypothetical 100± acre parcel
size is given in Exhibit 1.
The results from the UMAM calculations (Exhibit 1) for the representative
upland/wetland land percentages are presented below (Figures 1 and 2).
Figure 1 - Wetlands Credits without Hydrologic Enhancement
Figure 2 - Wetlands Credits with Hydrologic Enhancement
0
2
4
6
8
10
12
14
10 25 50 75 90Wetland Credits Wetland % of 100 Acres
Wetland Credits w/out Hydro
Scenario 1
Scenario 2
Scenario 3
Scenario 4
0
2
4
6
8
10
12
14
10 25 50 75 90Wetland Credits Wetland % of 100 Acres
Wetland Credits w/ Hydro
Scenario 1
Scenario 2
Scenario 3
Scenario 4
Appendix B Page 21 of 59
13
9.2 Upland Credit Habitat (Compensation) Generation
Upland credit generation is calculated as the acreage of uplands times an assumed
average PHU score of 7 per acre.
10.0 MITIGATION VALUES
In order to estimate mitigation values, the following assumptions were used for this analysis:
• Wetland Credit Value (per market) = $75,000.00/credit
• PHU value = $650.00/PHU
• Average PHU Score per acre in North Belle Meade = 7+
• PHU values for wetland credit is already accounted for in wetland credit value
• Combined Mitigation Value Equation:
Combined Mitigation value = Wetland Mitigation Value + Upland Mitigation Value
= (number of wetland credits x credit value) + (number of upland acres x 7 PHU/acre x
value per PHU)
= (number of wetland credits $75,000/credit) + (number of upland acres x $4,500/acre)
Exhibit 2 contains the tabular applications of the Combined Mitigation Value equation with the
assumed values for the infestation scenarios and representative percentages of wetlands versus
uplands for a 100 acre parcel size. Graphing of the resultant data for the mitigation with and
without hydrological enhancement is presented below as Figures 3 and 4.
Figure 3 - Mitigation Value without Hydrologic Enhancement
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
10 25 50 75 90Mitigation Value Wetland % of 100 Acres
Mitigation Value w/out Hydro
Scenario 1
Scenario 2
Scenario 3
Scenario 4
Appendix B Page 22 of 59
14
Figure 4 - Mitigation Value with Hydrologic Enhancement
11.0 CREDIT GENERATION COSTS
For the purpose of this analysis and to reduce the number of analytic variables, the costs of
generating wetland credits and PHUs are combined as “Credit Generation Costs.” As such,
except when denoted otherwise, the term “Credit Generation Cost” can be the considered as the
cost to generate a given Mitigation Value.
Under the Full Cost Accounting methodology required for mitigation banks selling credits on the
open market, the following cost elements must be considered:
• Land cost
• Implementation costs which include:
- Initial exotic treatments/eradication
- Five years of ongoing treatment of regrowth
- Replanting
- Funding of perpetual management
- Prescribed burning- where/when appropriate
- Program administration cost
11.1 Cost Assumptions
For the purpose of this analysis, the following cost assumptions are used.
11.1.1 Land Costs
Although per-acre land prices vary within the North Belle Meade, for the
purposes of this analysis, an assumed fair market value of $2,250/acre is used.
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
10 25 50 75 90Mitigation Value Wetland % of 100 Acres
Mitigation Value w/ Hydro
Hydro Scenario 1
Hydro Scenario 2
Hydro Scenario 3
Hydro Scenario 4
Appendix B Page 23 of 59
15
11.1.2 Implementation Time Period
The implementation time for mitigation activities is assumed to be five years
(typical of most mitigation plans). This analysis uses this five year
implementation period to calculate implementation costs for any given phase or
discrete area, after which long-term maintenance and management will be funded
from the perpetual management account.
11.1.3 Initial Exotic Treatment Eradication
For initial exotic treatment, it is assumed that there will be reasonable access to
areas requiring treatment, primary treatment methodology will be treat-in-place
with minimal off-site removal of material, and treatment areas will be 50 acres or
greater.
11.1.4 Treatment Costs
For areas with less than 25 percent exotic/nuisance infestation - $500 per acre.
For areas of 25 to 50 percent exotic/nuisance infestation - $1,000 per acre.
For areas of 51 to 75 percent exotic/nuisance infestation - $1,500 per acre.
For areas of greater than 75 percent exotic/nuisance infestation - $2,000 per acre.
Ongoing nuisance/exotic treatments (5 Years)
Minimum of 2 treatment events per year will occur for first 5 years.
For areas with less than 25 percent exotic/nuisance infestation - $25 per acre/year.
For areas of 25 to 50 percent exotic/nuisance infestation - $50 per acre/year.
For areas of 51 to 75 percent exotic/nuisance infestation - $75 per acre/year.
For areas of greater than 75 percent exotic/nuisance infestation - $125 per
acre/year.
Replanting - assume replanting of areas with initial exotic infestation levels at or
greater than 75 percent at $3,500/acre.
11.1.5 Funding of Perpetual Maintenance
Funding of perpetual maintenance will be $1,025 per acre.
11.1.6 Prescribed Burning
$1,500 per 100 acres for initial burn.
$600 per 100 acres for second/follow-up burn.
Program Administration - assume 8 percent of implementation costs per year as is
typically required through permitting process.
Appendix B Page 24 of 59
16
11.1.7 Program Administrative Cost
Typical administrative costs for ROMA or ILF programs run about 8 percent of
implementation costs per year (including land costs) for the implementation
period (five years). The actual program costs will be greatly affected by the actual
implementation costs.
The current environmental conditions in the North Belle Meade vary greatly. Of
the various infestation level scenarios and upland/wetland habitat composition
combinations given above, the conditions and resulting implementation number
for Scenario 3 (moderate to high levels of infestation on Table Q2 (25 percent
uplands and 75 percent wetlands) is chosen as a reasonable expectation of
potential mitigation lands. The combined implementation cost for these
parameters is shown as $244,863 per 100 acres. By rounding this number to
$245,000 and adding in land cost of $225,000 per 100 acres then multiplying the
sum by 0.08 yields the administrative cost as:
($245,000 + $225,000) x 0.08 = $37,600 Administrative Cost per 100
acres
This cost is for an assumed 5-year implementation period. On a per-year
basis, the cost would $37,600/5 = $7,520 per 100 acres
11.2 Implementation Costs
The implementation costs in wetland areas, for the purpose of this analysis, are
considered as the cost of initial treatment of exotic and nuisance vegetation species, five
years of ongoing treatment of exotic/nuisance species, clearing and replanting of areas
where exotic infestation levels meet or exceed 75 percent, prescribed burning, and
funding of the long-term management fund.
The costs for all except the funding element are highly dependent on the levels of exotic
infestation and the relative percentages of upland versus wetlands for a given site or area.
Any upland within a mitigation bank or ROMA/ILF grogram area must also be managed
and maintained. The wetland implementation cost plus upland implementation cost are
combined to give the combined implementation cost for each situation. The wetland
implementation costs, upland implementation costs, and combined implementation costs
for the four infestation scenarios under a range of potential upland/wetland ratio
situations is found as Exhibit 3.
11.3 Total Credit Generation Costs
The Total Credit Generation Costs can be generally described as:
Land cost + Combined Implementation Costs + Administration Costs
Using the combined implementation costs from the tables in Exhibit 3, and adding the
Appendix B Page 25 of 59
17
assumed per 100 acre values for land cost ($225,000) and administration costs ($37,600)
yields the total credit generation costs to compare against Mitigation Values for each
infestation level scenario across a range up upland/wetland land composition ratios. The
data for this numerical operation is provided as Exhibit 4.
12.0 MITIGATION VALUE AND COSTS COMPARISONS
Graphically, the cost results from Exhibit 4 can be added to the results for Mitigation Value for
each scenario as shown below. The label “hydro scenario” denotes the use of the wetland credit
generation scoring used for the “with hydrologic enhancement” condition. The dashed red line
indicates to total credit generation cost minus the assumed land value of $2,250/acre.
Figure Series 5 - Mitigation Value versus Cost
Infestation Scenario 1 - Low Levels of Exotic Infestation
Infestation Scenario 2 - Moderate Levels of Exotic Infestation
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
10 25 50 75 90Mitigation Value Wetland %
Infestation Scenario 1
Mitigation Value vs Cost
Scenario 1
Hydro Scenario 1
Cost (w/land cost)
Costs (w/o land cost)
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
10 25 50 75 90Mitigation Value Wetland %
Infestation Scenario 2
Mitigation Value vs Cost
Scenario 2
Hydro Scenario 2
Cost (w/land cost)
Costs (w/o land cost)
Appendix B Page 26 of 59
18
Infestation Scenario 3 - Moderate to High Levels of Exotic Infestation
Infestation Scenario 4 - High Levels of Exotic Infestation
The concept of combined Mitigation Value combines the value of wetland credits with the
upland values for panther (or other species) habitat compensation. Should a proposed mitigation
banking or ROMA/ILF project area not be approved for species compensation or if a sufficient
market does not exist for habitat compensation, then the adjusted actual Mitigation Value would
be the value of the wetland credits alone. Graphing of data for wetland credit values only and
their associated cost yields the following:
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
10 25 50 75 90Mitigation Value Wetland %
Infestation Scenario 3
Mitigation Value vs Cost
Scenario 3
Hydro Scenario 2
Cost (w/land cost)
Costs (w/o land cost)
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
10 25 50 75 90Mitigation Value Wetland %
Infestation Scenario 4
Mitigation Value vs Cost
Scenario 4
Hydro Scenario 2
Cost (w/land cost)
Costs (w/o land cost)
Appendix B Page 27 of 59
19
Figure Series 6 - Wetland Value Only versus Cost
Infestation Scenario 1 - Low Levels of Exotic Infestation
Infestation Scenario 2 - Moderate Levels of Exotic Infestation
Infestation Scenario 3 - Moderate to High Levels of Exotic Infestation
$0
$500,000
$1,000,000
$1,500,000
10 25 50 75 90Credit Value Wetland %
Infestation Scenario 1
Wetland Credit Value vs Cost
Scenario 1- Wetland
value only
Hydro Scenario 1
Cost (w/land cost)
Costs (w/o land cost)
$0
$500,000
$1,000,000
$1,500,000
10 25 50 75 90Credit Value Wetland %
Infestation Scenario 2
Wetland Credit Value vs Cost
Scenario 2- Wetland
value only
Hydro Scenario 2
Cost (w/land cost)
$0
$500,000
$1,000,000
$1,500,000
10 25 50 75 90Credit Value Wetland %
Infestation Scenario 3
Wetland Credit Value vs Cost
Scenario 3- Wetland
value only
Hydro Scenario 2
Cost (w/land cost)
Costs (w/o land cost)
Appendix B Page 28 of 59
20
Infestation Scenario 4 - High Levels of Exotic Infestation
13.0 DISCUSSION OF NUMERICAL ANALYSIS RESULTS
With a goal of establishing a mitigation program within the North Belle Meade that is cost-
neutral or cost-positive to the Collier County, the following information is reflected in the above
results of the numerical analysis:
13.1 Areas of Hydrologic Enhancement, Exotic Eradication, and Land
Management
For areas where hydrologic enhancement will occur, the potential Mitigation Value is
significantly higher than costs under all infestation scenarios and all upland versus
wetland land composition combinations where at least ten percent of the site is wetland
(Figure Series 5, all infestation scenarios). This is due to the more significant increase in
wetland function than can be achieved by rehydration than by exotic eradication and land
management alone. The projected costs for any hydrologic enhancement are assumed to
be part of other drainage basin restoration initiatives and are, therefore, not reflected in
the cost numbers.
For the purposes of this analysis, and in particular to remain conservative regarding
potential values, the balance of this discussion will focus on analysis data that does not
include results from hydrologic enhancements. The benefits and value of any hydrologic
enhancements, should they occur, would be additive to the Mitigation Values discusses
below.
13.2 Areas with Exotic Eradication and Land Management
For areas that would generate wetland functional increase through exotic vegetation
eradication, replanting in certain high infestation areas, and land management only (no
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
10 25 50 75 90Credit Value Wetland %
Infestation Scenario 4
Wetland Credit Value vs Cost
Scenario 4- Wetland
value only
Hydro Scenario 2
Cost (w/land cost)
Costs (w/o land cost)
Appendix B Page 29 of 59
21
hydrologic restoration), the amount of wetland credit generation and, therefore, the
overall Mitigation Value is significantly less.
For areas of low and moderate infestation levels (Infestation Scenarios 1 and 2 – Figure
Series 5 and 6) the overall mitigation value actually declines with increased percentage of
wetlands on a given area, indicating the area has more value as wildlife compensation
than wetland mitigation. For areas of moderate to high infestation levels (Scenario 3 –
Figure Series 5), the overall Mitigation Value is relatively unchanged as a function of
wetland percentage indicating such areas have about equal wetland Mitigation Value and
upland compensation value.
Only in Scenario 4 of Figure Series 5, where high levels of exotic infestation is
represented, is the value of the land for wetland mitigation higher than it is upland habitat
compensation.
Under the open market concept (Wetland Mitigation Bank) where the full cost accounting
approach is required to set credit prices on an open market, the cost sum that includes
land cost (“Cost (with land cost)” line on Figure Series 5 and 6) would need to be
applied. For minor, moderate, and even moderate to high levels of exotic infestation
(Scenarios 1, 2, and 3 – Figure Series 5 and 6) mitigation lands that contained
approximately 30 percent or more wetlands would have a negative net value (Mitigation
Value minus Cost) when land cost is accounted for.
13.3 ROMA/ILF
Unless hydrologic enhancements can be assured for a sufficiently large given area, the
above results indicate a commercial wetland mitigation bank is not likely to yield a
financially neutral or positive outcome.
Under a single user approach (ROMA/ILF type program) where the land cost does not
always need to be a consideration for credit pricing, the numerical analysis shows that a
net positive number (for Mitigation Value minus cost) is theoretically possible across a
broad range of infestation levels and upland/wetland composition levels. For projects
proposed by Collier County (i.e., Collier County Transportation Department, Collier
County Utilities Department, or Collier County Parks and Recreation Department) that
include wetland impact and/or listed species habitat impacts requiring wetland mitigation
and/or habitat compensation, the use of ROMA/ILF credits generated from a portion or
portions of the North Belle Meade could represent a net cost savings to Collier County.
The County’s current 2040 Long Range Transportation Program needs assessment for
cost-feasible future roadway projects indicates an anticipated need for 180 wetland
mitigation credits and 6,900 units of panther habitat compensation at projected costs of
$11,058,000 and $6,932,000, respectively. Per-unit costs used in the Needs Assessment
were $70,000 for wetland credits and $1,000 for panther compensation (PHUs). The
actual cost to Collier County of the projected mitigation/compensation could be
significantly lower on a per unit basis by using a ROMA/ILF project to generate the
Appendix B Page 30 of 59
22
needed credits and habitat compensation. Additionally, the funds spent purchasing the
mitigation/compensation could be used to expand and operate the ROMA/ILF program.
The concept of establishing and operating a single-user ROMA/ILF project within a
portion or portions of the North Belle Meade does appear to be financially feasible based
on this analysis.
14.0 ROMA/ILF PROGRAM CONSIDERATIONS
Historically, ROMA and ILF projects have been permitted and operated with highly varying
degrees of success. In a number of cases, monies have been collected under such a program with
long delays, and even failure, in actual implementation of the mitigation plan measures. As a
result, regulatory agencies have legitimate concerns about the mitigation plan implementation
and timely success of proposed ecological benefits. A thorough and accurate tracking and
accounting of dollars coming into and out of any ROMA/ILF will be important for a proposed
ROMA/ILF project.
The concept of a critical mass in terms of land area that can be reasonably - expected to become
part of any proposed ROMA/ILF project will be an important consideration. The necessary
minimum land area is typically decided with the regulatory agencies on a case-by-case basis. For
an area such as North Belle Meade, the FDEP and the COE could conceivable ask for 500± or
even 1,000± acres as a minimum project size.
A significant advantage of the ROMA/ILF program is the total of the proposed project area does
not need to be in the applicant/permittee’s ownership up-front. Ideally, an applicant would own
some of the necessary land area and be able to demonstrate a reasonable probability that the
balance of the necessary land areas to attain the critical mass can/will be attained in some
manner, including the use of collected monies for land purchase.
Within the North Belle Meade are a number of land parcels that have already been used for
wetland mitigation and are, therefore, not available for further credit or upland compensation;
however, the parcels could be counted towards the critical mass consideration. Also, land
management of these parcels could possibly be accomplished by a ROMA/ILF project, under a
separate agreement, with the projected funds typically spent by the entities responsible for each
of the existing mitigation parcels going to the ROMA/ILF (or related entity) in exchange. Within
the NRPA portion of North Belle Meade, lands that have not already been used for some form of
mitigation and are available for full credit potential total over 2,000 acres.
For mitigation banking projects, funding assurance is required for the implementation work
(minus the funding of the perpetual management account) during the first five years of the
project, or a phase/geographic area of the project. Such assurances take the form of performance
bounding or a specialized insurance policy. Alternative assurance options may be available for
county governments implementing a ROMA/ILF.
Appendix B Page 31 of 59
23
Funding of the long-term management fund has been included in the implementation cost
calculations in this analysis in order to conservatively simplify the analysis. Typically, long-term
management accounts may be funded to a large degree from funds received from ongoing credit
sales over time, rather than as an initial expense of mitigation implementation. While project or
project phase implementation is typically a five year period, credit sales may occur over a longer
than five year period. Funding of the long-term management account may be spread out over
more than five years.
The potential ecological benefits of conservation easements are a critical factor an all forms of
wetland mitigation or habitat compensation programs. To the degree conservation easements
can be shown to eliminate the potential for alternate, less environmentally beneficial land uses,
the placement of conservation easements over project lands is valuable. The existence of the
County TDR program and the associated limitation on development potential for lands in the
TDR program will need to be addressed with the FDEP and the COE.
The placement of significant areas of land into a ROMA/ILF program can be reasonably
expected to make such lands acceptable to the USFWS and the FWCC for habitat compensation,
subject to the landscape context of such lands for long-term panther use.
The relative value of upland compensation to the overall (Combined) Mitigation Value is
significant in this analysis. This can be demonstrated by graphing the value of wetlands and
uplands and wetland mitigation only, versus costs for each scenario on a 1,000± acre
hypothetical project size as shown on the Graph Series 7, below.
Figure Series 7 – (Combined) Mitigation Value versus Cost
Scenario 1 – Low Exotic Infestation Levels
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
10 25 50 75 90Mitigation Value Wetland %
…
Scenario 1- Low Exotic Infestation Levels
Mitigation Value vs Cost
Scenario 1- Wetland and
Upland Value
Costs (w/o land cost)
Scenario 1 -Wetland Value
only
Appendix B Page 32 of 59
24
Scenario 2 – Moderate Exotic Infestation Levels
Scenario 3 – High Exotic Infestation Levels
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
$5,000,000
10 25 50 75 90Mitigation Value Wetland %
For 1,000-Acre ROMA/ILF Area
Scenario 2- Moderate Exotic Infestation Levels
Mitigation Value vs Cost
Scenario 2- Wetland and
Upland Values
Costs (w/o land cost)
Scenario 2- Wetland Value
only
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
$5,000,000
10 25 50 75 90Mitigation Value Wetland %
…
Scenario 3- High Exotic Infestation Levels
Mitigation Value vs Cost
Scenario 3- Wetland and
Upland Values
Costs (w/o land cost)
Scenario 3- Wetland Value
only
Appendix B Page 33 of 59
25
Scenario 4 – High Exotic Infestation Levels
If the use of project uplands for panther habitat compensation is not acceptable to the regulatory
agencies, then this analysis suggests ROMA/ILF will only work for:
• Areas of low exotic infestation levels as long as site is at least 70± percent wetlands
• Areas of moderate exotic infestation levels as long as site is at least 55 percent wetlands
• Areas of moderate to high exotic infestation levels as long as site is at least 45 percent
wetlands
• Areas of high exotic infestation levels as long as site is at least 60 percent wetlands
15.0 PERMIT PROCESS
The typical process for the permitting of a wetland mitigation bank or ROMA/ILF project
basically involves the following steps:
1. Site identification and ecological studies
2. Surveying and preliminary mitigation plan design
3. Pre-application meetings with the FDEP and the COE
4. Prospectus development and submittal
5. Site inspections by regulatory agencies
6. State and federal agencies do, or do not, deem the site and proposed project “appropriate”
7. State and federal application submittals
8. State and federal application reviews
9. Legal reviews
10. Permit issuance
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
10 25 50 75 90Mitigation Value Wetland %
For 1,000-Acre ROMA/ILF Area
Scenario 4- High Exotic Infestation Levels
Mitigation Value vs Cost
Scenario 4- Wetland and
Upland Value
Costs (w/o land cost)
Scenario 4 Wetlands only
Appendix B Page 34 of 59
26
From the time of site identification to permit issuance, the overall process can take two to four
years.
16.0 CONCLUSION AND RECOMMENDATIONS
The following conclusions are based on the assumption hydrological enhancement is not an
available option.
A Collier County single-user ROMA/ILF project within the North Belle Meade appears to be a
cost-feasible generator of wetland mitigation credits and panther habitat compensation if the
ROMA/ILF is of sufficient size and properly located to assure long-term support for the Florida
panther.
A Collier County single-user ROMA/ILF project within the North Belle Meade appears to be a
cost-feasible generator of wetland credits for a site(s) if exotic infestation levels are relatively
high and the percentage of wetlands on the site(s) is high.
To further refine the analysis results and increase the level of certainty regarding the feasibility
of portions of North Belle Meade to serve as cost-effective mitigation, further steps are
recommended. A more site-specific mitigation evaluation tool, based on the methodology used in
this analysis, is currently being developed to allow for efficient evaluations of specific areas
within North Belle Meade. A selection of potential ROMA/ILF areas should be performed. Then
limited site reconnaissance coupled with the use of existing aerials could yield more refined
information regarding levels of exotic infestation and the extent of wetlands for each selected
area. Information gained from such efforts should be input into the new analysis tool to gain
more site-specific results.
This site-specific evaluation will allow the input of data gained from limited site reconnaissance
of particular parcels or areas to generate site-specific data regarding potential mitigation values
and associated costs. The results of this type of analysis, based on more site-specific data, will
result in a higher degree of accuracy and allow for a higher degree of certainty regarding the
potential for a specific area or areas to serve as feasible mitigation value generators.
17.0 RECOMMENDED NEXT STEPS - ASSUMING ROMA/ILF OPTION
As indicated previously, this analysis relies on certain assumptions and anticipated regulatory
agency positions regarding certain issues, including the use of North Belle Meade lands for
panther compensation, the impacts of the County’s TDR program on potential credit generation,
scoring of wetland functions, and possible alternatives for financial assurances.
Discussions and/or meetings with the FDEP, the COE, and the USFWS with the overall North
Belle Meade as the initial focus should occur to discuss and resolve issues related to the TDR
program’s potential impact on wetland credit generation and the appropriateness of certain
portions of North Belle Meade for panther compensation in a ROMA/ILF project. A clear
Appendix B Page 35 of 59
27
understanding and agreement on these issues would significantly aid in the selection of
appropriate lands for consideration for placement in a conceptual ROMA/ILF.
Sites identified for potential inclusion in a ROMA/ILF conceptual plan could then be assessed on
a more site-specific basis and the analysis tools developed by this analysis could be used to
evaluate the potential value and costs for each site.
Appendix B Page 36 of 59
EXHIBIT 1
UMAM WORKSHEETS
Appendix B Page 37 of 59
E1-1
w/o with w/o with w/o with
a Wetland - No Exotics 72.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 2.40
b Wetland-E1 18.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.60
c Wetland- E2 0.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.00
d Wetland- E3 0.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.00
e Wetland-E4 0.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.00
Subtotal 90.00 3.00
a Wetland - No Exotics 60.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 2.00
b Wetland-E1 15.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.50
c Wetland-E2 0.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.00
d Wetland- E3 0.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.00
e Wetland-E4 0.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.00
Subtotal 75.00 2.50
a Wetland - No Exotics 40.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 1.33
b Wetland- E1 10.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.33
c Wetland-E2 0.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.00
d Wetland- E4 0.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.00
e Wetland- E4 0.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.00
Subtotal 50.00 1.67
a Wetland - No Exotics 20.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.67
b Wetland- E1 5.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.17
c Wetland- E2 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.00
d Wetland- E3 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.00
e Wetland- E4 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.00
Subtotal 25.00 0.83
a Wetland - No Exotics 8.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.27
b Wetland- E1 2.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.07
c Wetland- E2 0.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.00
d Wetland- E3 0.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.00
e Wetland- E4 0.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.00
Subtotal 10.00 0.33
NORTH BELLE MEADEUMAM WORKSHEETS
WETLAND MITIGATION FUNCTIONAL SCORING
July 2016
PhaseUMAM
Acres
FLUCFCS TYPE - Exotic
LevelPolygon No.
UMAM WORKSHEET 1 of 2
WETLAND CREDIT GENERATION PER 100 ACRES (WITHOUT HYDROLOGIC LIFT and WITHOUT UPLAND CREDIT GENERATION)
SCENARIO 1 at 90% Wetlands/ 10% Uplands
SCENARIO 1 at 75% Wetlands/ 25% Uplands
SCENARIO 1 at 50% Wetlands/ 50% Uplands
Risk Pres. Fact RFG CreditsHydrologyCommunityLocation
SCENARIO 1 at 10% Wetlands/ 90% Uplands
SCENARIO 1 at 25% Wetlands/ 75% Uplands
Existing
w/out UMAM
Proposed w/
UMAM Delta T-factor
Appendix B Page 38 of 59
E1-2
w/o with w/o with w/o with
a Wetland - No Exotics 27.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.90
b Wetland-E1 27.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.90
c Wetland- E2 18.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 1.20
d Wetland- E3 18.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 1.20
e Wetland-E4 0.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.00
Subtotal 90.00 4.20
a Wetland - No Exotics 22.50 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.75
b Wetland-E1 22.50 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.75
c Wetland-E2 15.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 1.00
d Wetland- E3 15.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 1.00
e Wetland-E4 0.00 N/A 8 9 55 5 6 8 2.300 0.733 -1.567 1.00 1.00 N/A -1.567 0.00
Subtotal 75.00 3.50
a Wetland - No Exotics 15.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.50
b Wetland- E1 15.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.50
c Wetland-E2 10.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.67
d Wetland- E4 10.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.67
e Wetland- E4 0.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.00
Subtotal 50.00 2.33
a Wetland - No Exotics 7.50 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.25
b Wetland- E1 7.50 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.25
c Wetland- E2 5.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.33
d Wetland- E3 5.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.33
e Wetland- E4 0.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.00
Subtotal 25.00 1.17
a Wetland - No Exotics 3.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.10
b Wetland- E1 3.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.10
c Wetland- E2 2.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.13
d Wetland- E3 2.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.13
e Wetland- E4 0.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.00
Subtotal 6.00 0.47
UMAM Worksheet 1 of 2 (Continued)
Polygon No.FLUCFCS TYPE - Exotic
Level
UMAM
Acres Phase Existing
w/out UMAM
Proposed w/
UMAM
SCENARIO 2 at 10% Wetlands/ 90% Uplands
SCENARIO 2 at 75% Wetlands/ 25% Uplands
SCENARIO 2 at 50% Wetlands/ 50% Uplands
SCENARIO 2 at 25% Wetlands/ 75% Uplands
SCENARIO 2 at 90% Wetlands/ 10% Uplands
Location Hydrology Community Delta T-factor Risk Pres. Fact RFG Credits
Appendix B Page 39 of 59
E1-3
w/o with w/o with w/o with
a Wetland - No Exotics 18.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.60
b Wetland-E1 13.50 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.45
c Wetland- E2 18.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 1.20
d Wetland- E3 31.50 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 2.10
e Wetland-E4 9.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.90
Subtotal 90.00 5.25
a Wetland - No Exotics 15.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.50
b Wetland-E1 11.25 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.38
c Wetland-E2 15.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 1.00
d Wetland- E3 26.25 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 1.75
e Wetland-E4 7.50 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.50
Subtotal 75.00 4.13
a Wetland - No Exotics 10.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.33
b Wetland- E1 7.50 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.25
c Wetland-E2 10.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.67
d Wetland- E4 17.50 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 1.17
e Wetland- E4 5.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.50
Subtotal 50.00 2.92
a Wetland - No Exotics 5.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.17
b Wetland- E1 3.75 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.13
c Wetland- E2 5.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.33
d Wetland- E3 8.75 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.58
e Wetland- E4 2.50 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.25
Subtotal 25.00 1.46
a Wetland - No Exotics 2.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.07
b Wetland- E1 1.50 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.05
c Wetland- E2 2.00 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.13
d Wetland- E3 3.50 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.23
e Wetland- E4 1.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.10
Subtotal 3.50 0.58
UMAM Worksheet 1 of 2 (Continued)
SCENARIO 3 at 25% Wetlands/ 75% Uplands
SCENARIO 3 at 10% Wetlands/ 90% Uplands
SCENARIO 3 at 75% Wetlands/ 25% Uplands
SCENARIO 3 at 50% Wetlands/ 50% Uplands
SCENARIO 3 at 90% Wetlands/ 10% Uplands
Location Hydrology CommunityPolygon No.FLUCFCS TYPE - Exotic
Level
UMAM
Acres Phase Existing
w/out UMAM
Proposed w/
UMAM Delta T-factor Risk Pres. Fact RFG Credits
Appendix B Page 40 of 59
E1-4
w/o with w/o with w/o with
a Wetland - No Exotics 0.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.00
b Wetland-E1 9.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.30
c Wetland- E2 13.50 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.90
d Wetland- E3 31.50 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 2.10
e Wetland-E4 36.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 3.60
Subtotal 90.00 6.90
a Wetland - No Exotics 0.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.00
b Wetland-E1 7.50 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.25
c Wetland-E2 11.25 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.75
d Wetland- E3 26.25 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 1.75
e Wetland-E4 30.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 3.00
Subtotal 75.00 5.75
a Wetland - No Exotics 0.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.00
b Wetland- E1 5.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.17
c Wetland-E2 7.50 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.50
d Wetland- E4 17.50 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 1.17
e Wetland- E4 20.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 2.00
Subtotal 50.00 3.83
a Wetland- No Exotics 0.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.00
b Wetland- E1 2.50 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.08
c Wetland- E2 3.75 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.25
d Wetland- E3 8.75 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.58
e Wetland- E4 10.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 1.00
Subtotal 25.00 1.92
a Wetland- No Exotics 0.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.00
b Wetland- E1 1.00 N/A 8 9 5 5 8 8 0.700 0.733 0.033 1.00 1.00 N/A 0.033 0.03
c Wetland- E2 1.50 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.10
d Wetland- E3 3.50 N/A 8 9 5 5 7 8 0.667 0.733 0.067 1.00 1.00 N/A 0.067 0.23
e Wetland- E4 4.00 N/A 8 9 5 5 6 8 0.633 0.733 0.100 1.00 1.00 N/A 0.100 0.40
Subtotal 1.00 0.77
Note: Scenarios 1,2,3, and 4 represent succesive increasing levels of infestation by exotic vegetation
UMAM - Uniform Mitigation Assessment Methodology
UMAM Worksheet 1 of 2 (Continued)
SCENARIO 4 at 25% Wetlands/ 75% Uplands
SCENARIO 4 at 10% Wetlands/ 90% Uplands
SCENARIO 4 at 75% Wetlands/ 25% Uplands
SCENARIO 4 at 50% Wetlands/ 50% Uplands
SCENARIO 4 at 90% Wetlands/ 10% Uplands
Location Hydrology CommunityPolygon No.FLUCFCS TYPE - Exotic
Level
UMAM
Acres Phase Existing
w/out UMAM
Proposed w/
UMAM Delta T-factor Risk Pres. Fact RFG Credits
Appendix B Page 41 of 59
E1-5
w/o with w/o with w/o with
a Wetland - No Exotics 72.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 12.00
b Wetland-E1 18.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 3.00
c Wetland- E2 0.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.00
d Wetland- E3 0.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.00
e Wetland-E4 0.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.00
Subtotal 90.00 15.00
a Wetland - No Exotics 60.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 10.00
b Wetland-E1 15.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 2.50
c Wetland-E2 0.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.00
d Wetland- E3 0.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.00
e Wetland-E4 0.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.00
Subtotal 75.00 12.50
a Wetland - No Exotics 40.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 6.67
b Wetland- E1 10.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 1.67
c Wetland-E2 0.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.00
d Wetland- E4 0.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.00
e Wetland- E4 0.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.00
Subtotal 50.00 8.33
a Wetland - No Exotics 20.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 3.33
b Wetland- E1 5.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.83
c Wetland- E2 0.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.00
d Wetland- E3 0.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.00
e Wetland- E4 0.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.00
Subtotal 25.00 4.17
a Wetland - No Exotics 8.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 1.33
b Wetland- E1 2.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.33
c Wetland- E2 0.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.00
d Wetland- E3 0.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.00
e Wetland- E4 0.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.00
Subtotal 10.00 1.67
HYDRO SCENARIO* 1 at 25% Wetlands/ 75% Uplands
HYDRO SCENARIO* 1 at 10% Wetlands/ 90% Uplands
HYDRO SCENARIO* 1 at 75% Wetlands/ 25% Uplands
HYDRO SCENARIO* 1 at 50% Wetlands/ 50% Uplands
HYDRO SCENARIO* 1 at 90% Wetlands/ 10% Uplands
Location Hydrology Community Existing
w/out UMAM
Proposed w/
UMAM Delta T-factor Risk Pres. Fact RFG CreditsPolygon No.FLUCFCS TYPE - Exotic
Level
UMAM
Acres Phase
NORTH BELLE MEADE UMAM WORKSHEET 2 of 2
WETLAND CREDIT GENERATION PER 100 ACRES (WITH HYDROLOGIC LIFT and WITHOUT UPLAND CREDIT GENERATION)
Appendix B Page 42 of 59
E1-6
w/o with w/o with w/o with
a Wetland - No Exotics 27.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 4.50
b Wetland-E1 27.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 4.50
c Wetland- E2 18.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 3.60
d Wetland- E3 18.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 3.60
e Wetland-E4 0.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.00
Subtotal 90.00 16.20
a Wetland - No Exotics 22.50 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 3.75
b Wetland-E1 22.50 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 3.75
c Wetland-E2 15.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 3.00
d Wetland- E3 15.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 3.00
e Wetland-E4 0.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.00
Subtotal 75.00 13.50
a Wetland - No Exotics 15.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 2.50
b Wetland- E1 15.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 2.50
c Wetland-E2 10.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 2.00
d Wetland- E4 10.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 2.00
e Wetland- E4 0.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.00
Subtotal 50.00 9.00
a Wetland - No Exotics 7.50 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 1.25
b Wetland- E1 7.50 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 1.25
c Wetland- E2 5.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 1.00
d Wetland- E3 5.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 1.00
e Wetland- E4 0.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.00
Subtotal 25.00 4.50
a Wetland - No Exotics 3.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.50
b Wetland- E1 3.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.50
c Wetland- E2 2.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.40
d Wetland- E3 2.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.40
e Wetland- E4 0.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.00
Subtotal 6.00 1.80
UMAM Worksheet 2 of 2 (Continued)
HYDRO SCENARIO* 2 at 25% Wetlands/ 75% Uplands
HYDRO SCENARIO* 2 at 10% Wetlands/ 90% Uplands
HYDRO SCENARIO* 2 at 75% Wetlands/ 25% Uplands
HYDRO SCENARIO* 2 at 50% Wetlands/ 50% Uplands
HYDRO SCENARIO* 2 at 90% Wetlands/ 10% Uplands
Location Hydrology CommunityPolygon No.FLUCFCS TYPE - Exotic
Level
UMAM
Acres Phase Existing
w/out UMAM
Proposed w/
UMAM Delta T-factor Risk Pres. Fact RFG Credits
Appendix B Page 43 of 59
E1-7
w/o with w/o with w/o with
a Wetland - No Exotics 18.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 3.00
b Wetland-E1 13.50 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 2.25
c Wetland- E2 18.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 3.60
d Wetland- E3 31.50 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 6.30
e Wetland-E4 9.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 2.10
Subtotal 90.00 17.25
a Wetland - No Exotics 15.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 2.50
b Wetland-E1 11.25 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 1.88
c Wetland-E2 15.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 3.00
d Wetland- E3 26.25 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 5.25
e Wetland-E4 7.50 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 1.75
Subtotal 75.00 14.38
a Wetland - No Exotics 10.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 1.67
b Wetland- E1 7.50 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 1.25
c Wetland-E2 10.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 2.00
d Wetland- E4 17.50 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 3.50
e Wetland- E4 5.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 1.17
Subtotal 50.00 9.58
a Wetland - No Exotics 5.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.83
b Wetland- E1 3.75 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.63
c Wetland- E2 5.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 1.00
d Wetland- E3 8.75 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 1.75
e Wetland- E4 2.50 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.58
Subtotal 25.00 4.79
a Wetland - No Exotics 2.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.33
b Wetland- E1 1.50 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.25
c Wetland- E2 2.00 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.40
d Wetland- E3 3.50 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.70
e Wetland- E4 1.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.23
Subtotal 3.50 1.92
UMAM Worksheet 2 of 2 (Continued)
HYDRO SCENARIO* 3 at 25% Wetlands/ 75% Uplands
HYDRO SCENARIO* 3 at 10% Wetlands/ 90% Uplands
HYDRO SCENARIO* 3 at 75% Wetlands/ 25% Uplands
HYDRO SCENARIO* 3 at 50% Wetlands/ 50% Uplands
HYDRO SCENARIO* 3 at 90% Wetlands/ 10% Uplands
Location Hydrology CommunityPolygon No.FLUCFCS TYPE - Exotic
Level
UMAM
Acres Phase Existing
w/out UMAM
Proposed w/
UMAM Delta T-factor Risk Pres. Fact RFG Credits
Appendix B Page 44 of 59
E1-8
w/o with w/o with w/o with
a Wetland - No Exotics 0.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.00
b Wetland-E1 9.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 1.50
c Wetland- E2 13.50 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 2.70
d Wetland- E3 31.50 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 6.30
e Wetland-E4 36.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 8.40
Subtotal 90.00 18.90
a Wetland - No Exotics 0.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.00
b Wetland-E1 7.50 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 1.25
c Wetland-E2 11.25 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 2.25
d Wetland- E3 26.25 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 5.25
e Wetland-E4 30.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 7.00
Subtotal 75.00 15.75
a Wetland - No Exotics 0.00 N/A 8 9 8 8 8 9 0.800 0.867 0.067 1.00 1.00 N/A 0.067 0.00
b Wetland- E1 5.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.83
c Wetland-E2 7.50 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 1.50
d Wetland- E4 17.50 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 3.50
e Wetland- E4 20.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 4.67
Subtotal 50.00 10.50
a Wetland- No Exotics 0.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.00
b Wetland- E1 2.50 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.42
c Wetland- E2 3.75 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.75
d Wetland- E3 8.75 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 1.75
e Wetland- E4 10.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 2.33
Subtotal 25.00 5.25
a Wetland- No Exotics 0.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.00
b Wetland- E1 1.00 N/A 8 9 5 8 8 9 0.700 0.867 0.167 1.00 1.00 N/A 0.167 0.17
c Wetland- E2 1.50 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.30
d Wetland- E3 3.50 N/A 8 9 5 8 7 9 0.667 0.867 0.200 1.00 1.00 N/A 0.200 0.70
e Wetland- E4 4.00 N/A 8 9 5 8 6 9 0.633 0.867 0.233 1.00 1.00 N/A 0.233 0.93
Subtotal 1.00 2.10
Note: Scenarios 1,2,3, and 4 represent succesive increasing levels of infestation by exotic vegetation
*The label "Hydro Scenario" indicates the UMAM scoring includes functional lift for hydrological enhancements
UMAM - Uniform Mitigation Assessment Methodology
UMAM Worksheet 2 of 2 (Continued)
HYDRO SCENARIO* 4 at 25% Wetlands/ 75% Uplands
HYDRO SCENARIO* 4 at 10% Wetlands/ 90% Uplands
HYDRO SCENARIO* 4 at 75% Wetlands/ 25% Uplands
HYDRO SCENARIO* 4 at 50% Wetlands/ 50% Uplands
HYDRO SCENARIO* 4 at 90% Wetlands/ 10% Uplands
Location Hydrology CommunityPolygon No.FLUCFCS TYPE - Exotic
Level
UMAM
Acres Phase Existing
w/out UMAM
Proposed w/
UMAM Delta T-factor Risk Pres. Fact RFG Credits
Appendix B Page 45 of 59
EXHIBIT 2
MITIGATION VALUE TABLES
Appendix B Page 46 of 59
E2-1
NORTH BELLE MEADE
MITIGATION VALUE TABLES
Mitigation Value Tables without Hydrology Lift
Scenario 1
A B C D E F G H
Percentage
of
Wetlands
(per 100
acres)
Wetland
Credits
Generated
Wetland
Credit
Unit
Value
($/Credit)
Wetland
Credit
Value
Upland
Acres
PHU Value
($/per
Upland
Acre)
Upland
Value ($)
Total
Mitigation
Value
(per 100 acres)
10 0.33 75,000 $23,750 90 4,500 $405,000 $428,750
25 0.83 75,000 $62,250 75 4,500 $337,500 $399,750
50 1.67 75,000 $125,250 50 4,500 $225,000 $350,250
75 2.50 75,000 $187,500 25 4,500 $112,500 $300,000
90 3.00 75,000 $225,000 10 4,500 $45,000 $270,000
Scenario 2
A B C D E F G H
Percentage
of
Wetlands
(per 100
acres)
Wetland
Credits
Generated
Wetland
Credit
Unit
Value
($/Credit)
Wetland
Credit
Value
Upland
Acres
PHU Value
($/per
Upland
Acre)
Upland
Value ($)
Total
Mitigation
Value
(per 100 acres)
10 0.47 75,000 $35,250 90 4,500 $405,000 $440,250
25 1.17 75,000 $87,750 75 4,500 $337,500 $425,250
50 2.33 75,000 $174,750 50 4,500 $225,000 $399,750
75 3.50 75,000 $262,500 25 4,500 $112,500 $375,000
90 4.20 75,000 $315,000 10 4,500 $45,000 $360,000
Scenario 3
A B C D E F G H
Percentage
of
Wetlands
(per 100
acres)
Wetland
Credits
Generated
Wetland
Credit
Unit
Value
($/Credit)
Wetland
Credit
Value
Upland
Acres
PHU Value
($/per
Upland
Acre)
Upland
Value ($)
Total
Mitigation
Value
(per 100 acres)
10 0.58 75,000 $43,500 90 4,500 $405,000 $448,500
25 1.46 75,000 $109,500 75 4,500 $337,500 $447,000
50 2.92 75,000 $219,000 50 4,500 $225,000 $444,000
75 4.38 75,000 $328,500 25 4,500 $112,500 $441,000
90 5.25 75,000 $393,750 10 4,500 $45,000 $438,750
Appendix B Page 47 of 59
E2-2
Scenario 4
A B C D E F G H
Percentage
of
Wetlands
(per 100
acres)
Wetland
Credits
Generated
Wetland
Credit
Unit
Value
($/Credit)
Wetland
Credit
Value
Upland
Acres
PHU Value
($/per
Upland
Acre)
Upland
Value ($)
Total
Mitigation
Value
(per 100 acres)
10 0.77 75,000 $57,750 90 4,500 $405,000 $462,750
25 1.92 75,000 $144,000 75 4,500 $337,500 $481,500
50 3.83 75,000 $287,250 50 4,500 $225,000 $512,250
75 5.75 75,000 $431,250 25 4,500 $112,500 $543,750
90 6.90 75,000 $517,500 10 4,500 $5,000 $562,250
Mitigation Value Tables with Hydrology Lift
Hydro Scenario 1
A B C D E F G H
Percentage
of
Wetlands
(per 100
acres)
Wetland
Credits
Generated
Wetland
Credit
Unit
Value
($/Credit)
Wetland
Credit
Value
Upland
Acres
PHU Value
($/per
Upland
Acre)
Upland
Value ($)
Total
Mitigation
Value
(per 100
acres)
10 1.67 75,000 $125,250 90 4,500 $405,000 $530,250
25 4.17 75,000 $312,750 75 4,500 $337,500 $650,250
50 8.33 75,000 $624,750 50 4,500 $225,000 $849,750
75 12.50 75,000 $937,500 25 4,500 $112,500 $1,050,000
90 15.00 75,000 $1,125,000 10 4,500 $45,000 $1,170,000
Hydro Scenario 2
A B C D E F G H
Percentage
of
Wetlands
(per 100
acres)
Wetland
Credits
Generated
Wetland
Credit
Unit
Value
($/Credit)
Wetland
Credit
Value
Upland
Acres
PHU Value
($/per
Upland
Acre)
Upland
Value ($)
Total
Mitigation
Value
(per 100
acres)
10 1.80 75,000 $135,000 90 4,500 $405,000 $540,000
25 4.60 75,000 $345,000 75 4,500 $337,500 $682,500
50 9.00 75,000 $675,000 50 4,500 $225,000 $900,000
75 13.50 75,000 $1,012,500 25 4,500 $112,500 $1,125,500
90 16.20 75,000 $1,215,000 10 4,500 $45,000 $1,260,000
Appendix B Page 48 of 59
E2-3
Hydro Scenario 3
A B C D E F G H
Percentage
of
Wetlands
(per 100
acres)
Wetland
Credits
Generated
Wetland
Credit
Unit
Value
($/Credit)
Wetland
Credit
Value
Upland
Acres
PHU Value
($/per
Upland
Acre)
Upland
Value ($)
Total
Mitigation
Value
(per 100
acres)
10 1.92 75,000 $144,000 90 4,500 $405,000 $549,000
25 4.79 75,000 $359,250 75 4,500 $337,500 $696,750
50 9.58 75,000 $718,500 50 4,500 $225,000 $943,500
75 14.38 75,000 $1,078,500 25 4,500 $112,500 $1,191,000
90 17.25 75,000 $1,293,750 10 4,500 $45,000 $1,338,750
Hydro Scenario 4
A B C D E F G H
Percentage
of
Wetlands
(per 100
acres)
Wetland
Credits
Generated
Wetland
Credit
Unit
Value
($/Credit)
Wetland
Credit
Value
Upland
Acres
PHU Value
($/per
Upland
Acre)
Upland
Value ($)
Total
Mitigation
Value
(per 100
acres)
10 2.10 75,000 $157,500 90 4,500 $405,000 $562,500
25 5.25 75,000 $393,750 75 4,500 $337,500 $731,250
50 10.50 75,000 $787,500 50 4,500 $225,000 $1,012,500
75 15.75 75,000 $1,181,250 25 4,500 $112,500 $1,293,750
90 18.90 75,000 $1,417,500 10 4,500 $45,000 $1,462,500
Appendix B Page 49 of 59
EXHIBIT 3
IMPLEMENTATION COSTS
Appendix B Page 50 of 59
E3-1
NORTH BELLE MEADE
IMPLEMENTATION COSTS
Implementation costs for wetland areas can be considered as the cost of the following for a 5-
year period:
Initial treatment/eradication of exotic and nuisance vegetation
Five years of ongoing treatment of exotic and nuisance vegetation
Replanting of areas with 75 percent or greater levels of exotic vegetation
Prescribed burns where and when appropriate
Funding of the long-term management fund
For the purpose of this analysis, the need and/or cost for prescribed burning of wetland areas
during the five year implementation period is assumed to be negligible relative to other costs.
Implementation Cost for Wetland Areas by Infestation levels
For areas with less than 25 percent (E1) exotic/nuisance infestation
Initial treatment $500/acre
Five years of ongoing treatment (5 x $25) $125/acre
Replanting N/A
Funding of perpetual management $1,025/acre
Total $1,650/acre
For areas with 25 to 50 percent (E2) exotic/nuisance infestation
Initial treatment $1,000/acre
Five years of ongoing treatment (5 x $50) $250/acre
Replanting N/A
Funding of perpetual management $1,025/acre
Total $2,275/acre
For areas with 51 to 75 percent (E3) exotic/nuisance infestation
Initial treatment $1,500/acre
Five years of ongoing treatment (5 x $75) $375/acre
Replanting N/A
Funding of perpetual management $1,025/acre
Total $2,900/acre
For areas with greater than 75 percent (E4) exotic/nuisance infestation
Initial treatment $2,000/acre
Five years of ongoing treatment (5 x $125) $625/acre
Replanting $3,500/acre
Funding of perpetual management $1,025/acre
Total $7,150/acre
Appendix B Page 51 of 59
E3-2
For areas with no exotic or nuisance vegetation present
Initial treatment N/A
Five years of ongoing treatment (5 x $125) $60/acre
Replanting N/A
Funding of perpetual management $1,025/acre
Total $1,085/acre
The above information is presented in tabular form below.
Table E3-1. General per acre Implementation Costs Summary for Wetland Areas
Infestation Level Implementation Cost Per Acre
None $1,085
Minor (E1) $1,650
Moderate (E2) $2,275
High (E3) $2,900
Extreme (E4) $7,150
The actual implementation costs for any given area will greatly depend on the range of initial
initial habitat values (primarily exotic/nuisance infestation levels).
Use of the four infestation level scenarios described above to calculate the probable
implementation costs for different degrees of exotic infestation yields to results shown in Table
E3-2, below.
Table E3-2. Implementation Costs by Scenarios (Per 100 Wetland Acres)
Scenario 1- Low Infestation Levels
Infestation Level Unit Cost per 100
Acres of Wetlands
Percentage of Land
with Infestation
Level
Implementation Cost
None $108,500 80 $86,800
Minor (E1) $165,000 20 $33,000
Moderate (E2) $227,500 0 0
High (E3) $290,000 0 0
Extreme (E4) $715,000 0 0
Total $119,800
Scenario 2 – Mostly Low to Moderate Levels of Infestation
Infestation Level Unit Cost per 100
Acres of Wetland
Percentage of Land
with Infestation
Level
Implementation Cost
None $108,500 30 $32,550
Minor (E1) $165,000 30 $49,500
Appendix B Page 52 of 59
E3-3
Scenario 2 – Mostly Low to Moderate Levels of Infestation (Continued)
Infestation Level Unit Cost per 100
Acres of Wetland
Percentage of Land
with Infestation
Level
Implementation Cost
Moderate (E2) $227,500 20 $45,500
High (E3) $290,000 20 $58,000
Extreme (E4) $715,000 0 0
Total $185,550
Scenario 3 - Mostly Moderate to High Levels of Infestation
Infestation Level Unit Cost per 100
Acres of Wetland
Percentage of Land
with Infestation
Level
Implementation Cost
None $108,500 20 $21,700
Minor (E1) $165,000 15 $24,750
Moderate (E2) $227,500 20 $45,500
High (E3) $290,000 35 $101,500
Extreme (E4) $715,000 10 $71,500
Total $264,950
Scenario 4 - Mostly High Levels of Infestation
Infestation Level Unit Cost per 100
Acres of Wetland
Percentage of Land
with Infestation
Level
Implementation Cost
None $108,500 0 0
Minor (E1) $165,000 10 $16,500
Moderate (E2) $227,500 15 $34,125
High (E3) $290,000 35 $101,500
Extreme (E4) $715,000 40 $286,000
Total $438,125
Implementation Costs for Upland Areas
Exotic and nuisance vegetation commonly occurs in both wetlands and uplands in Southwest
Florida. The costs presented for the four scenarios above are primarily representative of
treatment costs for wetland systems. Treatment costs for upland areas are typically less because
prescribed burning can be used as an effective management component of any exotic vegetation
eradication program.
Prescribed Burn Costs
The cost to burn land is highly variable depending on the amount of fuel load present, the linear
feet of burn lines that need to be established, the size of the area to be burned, the types of habitat
present, and other factors. For the purposes of this analysis, an assumed cost of $850 per 100
Appendix B Page 53 of 59
E3-4
acres of uplands will be used for the initial burn event and $600 per 100 acres for the follow-up
burn likely to be required during the five year implementation period.
Prescribed burns are also a useful management tool for certain types of wetland habitats. The use
of fire in wetland areas often reduces the need to treat exotic and nuisance species; therefore, for
the purpose of this analysis, the cost of burning wetlands, where appropriate, is assumed as
accounted for in the costs for ongoing treatments of exotic/nuisance vegetation in wetland areas.
The costs for implementation for upland areas can be generally defined as:
Initial Burn Cost + Follow-up Burn Costs + funding perpetual management fund
Using the assumed estimated cost numbers for 100 acres this equation yields:
$1,500 + $600 + ($1,025/acre x 100 acres) x = $104,600 per 100 acres for upland
implementation costs
Combined Wetland and Upland Implementation Costs
For a given 100-acre area, the combined implementation costs can generally be calculated as:
(Percent Upland x $104,600) + (Percent Wetland x Implementation Costs for given levels of
infestation)
The following tables give the combined implementation costs for the four infestation level
scenarios for a 100-acre area with upland/wetland ratios of 10/90, 25/75, 50/50, 75/25, and 90/10
to represent a range of upland/wetland land composition types.
Table E3-4. Combined Implementation Costs for Lands With 10 Percent Uplands/90
Percent Wetlands
Infestation
Levels
Wetland
Implementation
Cost per 100
Acres
Upland
Implementation
Cost per 100
Acres
Upland/Wetland Composition
10 Percent Uplands/90 Percent Wetlands
Wetland
Cost Upland Cost
Combined
Implementation
Cost
Scenario 1 $119,800 $104,600 $107,820 $10,460 $118,280
Scenario 2 $185,550 $104,600 $166,995 $10,460 $177,455
Scenario 3 $264,950 $104,600 $238,455 $10,460 $248,915
Scenario 4 $438,125 $104,600 $394,312 $10,460 $404,772
Combined Implementation Costs for Lands With 25 Percent Uplands/75 Percent Wetlands
Infestation
Levels
Wetland
Implementation
Cost per 100
Acres
Upland
Implementation
Cost per 100
Acres
Upland/Wetland Composition
25 Percent Uplands/75 Percent Wetlands
Wetland
Cost Upland Cost
Combined
Implementation
Cost
Scenario 1 $119,800 $104,600 $89,959 $26,150 $116,109
Scenario 2 $185,550 $104,600 $139,163 $26,150 $165,313
Appendix B Page 54 of 59
E3-5
Combined Implementation Costs for Lands With 25 Percent Uplands/75 Percent Wetlands
(Continued)
Infestation
Levels
Wetland
Implementation
Cost per 100
Acres
Upland
Implementation
Cost per 100
Acres
Upland/Wetland Composition
25 Percent Uplands/75 Percent Wetlands
Wetland
Cost Upland Cost
Combined
Implementation
Cost
Scenario 3 $264,950 $104,600 $198,713 $26,150 $244,863
Scenario 4 $438,125 $104,600 $328,594 $26,150 $357,744
Combined Implementation Costs for Lands With 50 Percent Uplands/50 Percent Wetlands
Infestation
Levels
Wetland
Implementation
Cost per 100
Acres
Upland
Implementation
Cost per 100
Acres
Upland/Wetland Composition
50 Percent Uplands/50 Percent Wetlands
Wetland
Cost Upland Cost
Combined
Implementation
Cost
Scenario 1 $119,800 $104,600 $59,900 $52,300 $112,200
Scenario 2 $185,550 $104,600 $92,775 $52,300 $145,075
Scenario 3 $264,950 $104,600 $132,475 $52,300 $184,775
Scenario 4 $438,125 $104,600 $219,063 $52,300 $271,363
Combined Implementation Costs for Lands With 75 Percent Uplands/25 Percent Wetlands
Infestation
Levels
Wetland
Implementation
Cost per 100
Acres
Upland
Implementation
Cost per 100
Acres
Upland/Wetland Composition
75 Percent Uplands/25 Percent Wetlands
Wetland
Cost Upland Cost
Combined
Implementation
Cost
Scenario 1 $119,800 $104,600 $29,950 $78,450 $108,400
Scenario 2 $185,550 $104,600 $46,388 $78,450 $124,838
Scenario 3 $264,950 $104,600 $66,238 $78,450 $144,688
Scenario 4 $438,125 $104,600 $109,532 $78,450 $187,982
Combined Implementation Costs for Lands With 90 Percent Uplands/10 Percent Wetlands
Infestation
Levels
Wetland
Implementation
Cost per 100
Acres
Upland
Implementation
Cost per 100
Acres
Upland/Wetland Composition
90 Percent Uplands/10 Percent Wetlands
Wetland
Cost Upland Cost
Combined
Implementation
Cost
Scenario 1 $119,800 $104,600 $11,980 $94,140 $106,120
Scenario 2 $185,550 $104,600 $18,555 $94,140 $112,695
Scenario 3 $264,950 $104,600 $26,495 $94,140 $120,635
Appendix B Page 55 of 59
E3-6
Combined Implementation Costs for Lands With 90 Percent Uplands/10 Percent Wetlands
(Continued)
Infestation
Levels
Wetland
Implementation
Cost per 100
Acres
Upland
Implementation
Cost per 100
Acres
Upland/Wetland Composition
90 Percent Uplands/10 Percent Wetlands
Wetland
Cost Upland Cost
Combined
Implementation
Cost
Scenario 4 $438,125 $104,600 $43,812 $94,140 $137,952
Appendix B Page 56 of 59
EXHIBIT 4
CREDIT GENERATION COST TABLES
Appendix B Page 57 of 59
E4-1
NORTH BELLE MEADE
CREDIT GENERATION COST TABLES
The total cost to generate Mitigation Value is the combined costs of:
Land + Implementation + Program Administration
Land value is assumed at $2,250 per acre = $225,000 per 100 acres
Program administration cost is assumed as $37,600 per 100 acres over a 5 year period
The following table gives the total costs for the four infestation level scenarios for a 100± acre
area with upland/wetland ratios of 10/90, 25/75, 50/50, 75/25, and 90/10 to represent a range of
upland/wetland land composition types.
Table E4-1. Total Credit Generation Cost
Infestation
Levels
Upland/Wetland Composition
10 Percent Upland/90 Percent Wetland
Combined
Implementation
Cost
Land Cost Administrative
Cost
Total Credit
Generation Cost
Scenario 1 $118,280 $225,000 $37,600 $380,880
Scenario 2 $177,455 $225,000 $37,600 $440,055
Scenario 3 $248,915 $225,000 $37,600 $511,515
Scenario 4 $404,772 $225,000 $37,600 $667,372
Infestation
Levels
Upland/Wetland Composition
25 Percent Upland/75 Percent Wetland
Combined
Implementation
Cost
Land Cost Administrative
Cost
Total Credit
Generation Cost
Scenario 1 $116,109 $225,000 $37,600 $378,709
Scenario 2 $165,313 $225,000 $37,600 $427,913
Scenario 3 $244,863 $225,000 $37,600 $507,463
Scenario 4 $357,744 $225,000 $37,600 $620,344
Infestation
Levels
Upland/Wetland Composition
50 Percent Upland/50 Percent Wetland
Combined
Implementation
Cost
Land Cost Administrative
Cost
Total Credit
Generation Cost
Scenario 1 $112,200 $225,000 $37,600 $374,800
Scenario 2 $145,075 $225,000 $37,600 $407,675
Scenario 3 $184,775 $225,000 $37,600 $447,375
Scenario 4 $271,363 $225,000 $37,600 $533,963
Appendix B Page 58 of 59
E4-2
Table E4-1. (Continued)
Infestation
Levels
Upland/Wetland Composition
75 Percent Upland/25 Percent Wetland
Combined
Implementation
Cost
Land Cost Administrative
Cost
Total Credit
Generation Cost
Scenario 1 $108,400 $225,000 $37,600 $371,000
Scenario 2 $124,838 $225,000 $37,600 $387,438
Scenario 3 $144,688 $225,000 $37,600 $407,288
Scenario 4 $187,982 $225,000 $37,600 $450,582
Infestation
Levels
Upland/Wetland Composition
90 Percent Upland/10 Percent Wetland
Combined
Implementation
Cost
Land Cost Administrative
Cost
Total Credit
Generation Cost
Scenario 1 $106,120 $225,000 $37,600 $386,720
Scenario 2 $112,695 $225,000 $37,600 $375,295
Scenario 3 $120,635 $225,000 $37,600 $383,235
Scenario 4 $137,952 $225,000 $37,600 $400,552
Appendix B Page 59 of 59
TDR Bank Capitalization
Rural Fringe Mixed-Use District TDR Program
December 20, 2016
9.A.7
Packet Pg. 80 Attachment: 05. RFMUD White Paper, Appendix C TDR Bank Capitalization Report (21721 : Rural Fringe Mixed Use District Restudy
Prepared for:
Collier County Zoning Division
2800 N. Horseshoe Dr.
Naples, FL 34104
239-252-2400
Prepared by:
PlaceWorks
3 MacArthur Place, Suite 1100
Santa Ana CA 92707
714-966-9220
placeworks.com
9.A.7
Packet Pg. 81 Attachment: 05. RFMUD White Paper, Appendix C TDR Bank Capitalization Report (21721 : Rural Fringe Mixed Use District Restudy
December 20, 2016 Page i
Table of Contents
Table of Contents
1. INTRODUCTION .................................................................. 1
RFMUD Restudy ....................................................................................... 1
TDR Program Background ........................................................................ 2
Sending Areas ............................................................................................................. 2
Receiving Areas ........................................................................................................... 2
TDR Program Activity .................................................................................................. 4
Public Sentiment About the TDR Program .............................................. 4
TDR Banks ................................................................................................ 4
Report Organization ................................................................................ 6
2. TDR BANK BENEFITS ........................................................ 7
TDR Bank Benefits ................................................................................... 7
Accelerate Sending-Area TDR Sales ............................................................................ 7
Create a Revolving Fund ............................................................................................. 7
Supplement the Private Market ................................................................................. 7
Stabilize Prices and Foster Certainty ........................................................................... 7
Market and Promote the TDR Program ...................................................................... 8
Demonstrate Commitment ......................................................................................... 8
Challenges to Establishing a TDR Bank .................................................... 8
Competition for Public Funds ..................................................................................... 8
Holding Time ............................................................................................................... 8
Preservation Support .................................................................................................. 9
Adequate Funding ....................................................................................................... 9
Specific RFMUD Benefits ......................................................................... 9
Near-Term Support ..................................................................................................... 9
Ease of Acquisition .................................................................................................... 10
Perpetual Land Maintenance .................................................................................... 10
3. FUNDING OPTIONS .......................................................... 11
Traditional Public Funding ..................................................................... 11
Types of Public Funding ............................................................................................ 11
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Advantages of an Ad Valorem Tax ............................................................................ 12
Disadvantages of an Ad Valorem Tax ....................................................................... 12
TDR Surcharge ....................................................................................... 13
TDRs from County-Owned Property ...................................................... 13
4. ECONOMIC ANALYSIS ..................................................... 15
Initial Funding Objective ........................................................................ 15
Receiving Area Buildout......................................................................... 15
TDR Bank Cash Flow Table ..................................................................... 18
Cash Inflow ............................................................................................................... 18
Cash Outflow ............................................................................................................ 18
Balance to Purchase Additional TDRs ....................................................................... 20
Final Repayment ....................................................................................................... 20
Millage Rate ........................................................................................... 20
5. RECOMMENDATIONS ...................................................... 21
APPENDIX ................................................................................ 23
Appendix C-1: Traditional Public Funding Examples ............................. 23
Partnerships with Preservation Organizations ......................................................... 23
Conservation Bonds .................................................................................................. 23
General Fund ............................................................................................................ 24
Severing TDRs from Government Purchased Property ............................................ 24
Dedicated Ad Valorem Property Tax ........................................................................ 24
Appendix C-2: TDR Bank Staffing ........................................................... 25
Warwick Township, Lancaster County, Pennsylvania ............................................... 25
New Jersey Pinelands Development Credit Bank ..................................................... 25
King County, Washington TDR Bank ......................................................................... 26
List of Preparers ..................................................................................... 29
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LIST OF FIGURES
Figure 1: Sending and Receiving Areas, Rural Fringe Mixed Use District, 2016
...................................................................................................................... 3
Figure 2: Completed TDR Credit Transfers, RFMUD, 2016 .................................... 5
Figure 3: Actual and Projected Household Growth, West Receiving Area,
2005 to 2040 .............................................................................................. 16
LIST OF TABLES
Table 1: Projected Number of Household by Receiving Area, 2016 to 2050 ...... 17
Table 2: Illustrative TDR Bank Cash Flow, RFMUD, 2017 to 2050 ....................... 19
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1. Introduction
As part of the restudy of the Rural Fringe Mixed-Use District (RFMUD) Transfera-
ble Development Rights (TDR) program, Collier County wants to explore the es-
tablishment of a TDR bank. This report describes TDR banks, the potential role
and benefits of a bank for the RFMUD TDR program, and how a bank could be
funded. The report also provides an economic analysis to determine the amount
of funding that should be considered for the bank and the millage rate that would
be needed if property taxes provide the initial funding. The report is intended to
provide a framework for public discussion about establishing a TDR bank.
RFMUD RESTUDY
The Board of County Commissioners directed the restudy of the RFMUD in Feb-
ruary 2015. In August 2016, the Collier County Growth Management Department
published background information, findings, and recommendations in the Rural
Fringe Mixed-Use District Restudy White Paper. In preparation for the White Pa-
per’s distribution to the BCC in December 2016, modifications were made. For
brevity’s sake, this report highlights portions of the White Paper relevant to a TDR
bank. Readers of this report are encouraged to download 1 and read the White
Paper for a complete presentation of the RFMUD Restudy.
The restudy is based on the understanding that Collier County will maintain the
goals of the RFMUD program as established by the 1999 Final Order and subse-
quently refined in elements and regulations adopted from 2002 to 2004. To bet-
ter achieve those goals, the restudy aims to improve the TDR credit system, se-
cure the capability for long-term maintenance of protected sending areas and im-
prove the potential for successful receiving area development. The December
2016 white paper lists 41 initial recommendations including the following:
The County should consider the appeal of a publicly funded TDR
bank and dedicated assessment and bonding for the program,
based on an evaluation of costs and benefits. Board direction
will allow a focused analysis including projected costs. (Restudy
White Paper, Chapter 4, Section C(3))
1 http://www.colliergov.net/your-government/divisions-s-z/zoning-division/community-
planning-section/rural-fringe-mixed-use-district-rfmud-transfer-of-development-rights-
tdr-rest
1. Introduction
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TDR PROGRAM BACKGROUND
The RFMUD TDR program encourages development to occur in areas with less
environmental value (receiving areas) rather than areas with high environmental
value (sending areas). Figure 1 on the opposite page shows the sending and re-
ceiving areas in the RFMUD.
The buying and selling of TDR credits is a private-market transaction that com-
pensates sending area property owners with payments for the TDR credits. It
compensates receiving area property owners by allowing higher-value higher-
density development. The conservation and preservation of high-environmental-
value areas benefits the public. And, the more compact development in the re-
ceiving areas can benefit the public through lower costs for public facilities and
services.
Sending Areas
Under the TDR Program, approximately 41,000 acres of land with high environ-
mental value are identified as sending areas, although only 16,700 acres are pri-
vately owned. Generally, development in these areas is restricted to no more
than one dwelling unit per 40 acres, or smaller lot in existence prior to 1999. In
lieu of developing this land, property owners may sever and sell TDR credits. For
each five acres in a parcel 2, the TDR program allocates the property owner one
base credit and one early entry credit. One additional restoration and mainte-
nance (R&M) credit is available if the property owner restores the land in accord-
ance with program requirements. Finally, one more TDR credit is available if the
property is conveyed to a public agency for long-term conservation and preser-
vation. Thus, a five-acre parcel can have up to four TDR credits.
Receiving Areas
The TDR program identifies approximately 28,000 acres of land with less environ-
mental value as receiving areas, 14,000 acres of which are vacant. Generally, land
in receiving areas is limited to one dwelling unit per five acres. However, property
owners in the receiving area can develop at higher densities by purchasing a TDR
credit for each housing unit over one per five acres, up to a maximum density of
one unit per acre.
2 Partial credits are allocated for the portion of the parcel over five acres. In addition, le-
gally non-conforming parcels less than five acres in size are allocated TDR credits as
though they contained five acres.
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Figure 1: Sending and Receiving Areas, Rural Fringe Mixed Use District, 2016
Source: Collier County.
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TDR Program Activity
To date, 4,600 TDR credits covering 6,500 acres have been processed or are pend-
ing process. Of these, 2,100 have been used to increase density in receiving area
development projects. Figure 2 on the opposite page shows where TDR credits
have been transferred from and to. Nationally, Collier County’s RFMUD is consid-
ered a success story. However, since the 2008–09 recession, the pace of TDR
transactions has slowed.
PUBLIC SENTIMENT ABOUT THE TDR
PROGRAM
Six public workshops, 15 interviews and numerous calls, surveys, and meetings
were conducted with citizens, agency representatives, stakeholders and the me-
dia for the RFMUD restudy in 2016. As detailed in the white paper, some stake-
holders are dissatisfied with the pace of transfer activity. Stakeholders also gen-
erally agree that the receiving areas could absorb the supply of TDRs in the send-
ing area. However, the bulk of demand for TDRs will occur in the future, creating
a gap in demand that frustrates those sending area landowners who want to sell
their TDRs sooner rather than later. As discussed in Part 2 of this report, TDR
banks are a potential solution to this concern.
TDR BANKS
TDR banks acquire TDRs from sending-area property owners, hold them until
needed, and sell them to developers to use for receiving site development pro-
jects. When adequately funded, TDR banks can buy TDRs from willing sellers in
the near term and hold them for eventual sale to developers in the future, as TDR
demand increases. One of the conclusions reached in the restudy public work-
shops was to explore establishing a TDR bank.
Most often, the local government establishes and operates the TDR bank, or a
public agency established by the government. However, some TDR banks are
managed by separate organizations, such as non-profit conservancies, using pol-
icies and procedures established by the government in question.
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Figure 2: Completed TDR Credit Transfers, RFMUD, 2016
Source: Collier County.
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REPORT ORGANIZATION
Part 2 of the report describes the benefits of creating a TDR bank, and Part 3
evaluates the advantages and disadvantages of several alternative ways of capi-
talizing a TDR bank. Part 4 provides an economic analysis to determine an appro-
priate amount of initial funding for a TDR bank and the millage rate that would
be needed, if this is the route the county were to use to fund the initial capitali-
zation. Part 5 provides a summary of the report’s recommendations.
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2. TDR Bank Benefits
TDR BANK BENEFITS
Ways in which TDR banks have benefitted other TDR programs illustrate the value
a bank could have for Collier County.
Accelerate Sending-Area TDR Sales
During the RFMUD Restudy meetings, sending area property owners reported
that there were not enough TDR buyers because there were many entitled but
not yet constructed development projects. This is a typical case in which a TDR
bank can provide a valuable service. A bank could buy TDRs from sending area
owners in the short term and sell them when receiving area TDR demand mate-
rializes.
Create a Revolving Fund
TDR banks recoup their original expenditures as they sell TDRs. Banks can then
use the proceeds from those sales for further TDR acquisitions, to achieve other
public goals (such as ongoing operations and maintenance of preserves), and to
repay the initial funding. Effective TDR banks convert what would otherwise be a
one-time public expenditure into a revolving fund for preservation. This can be
an important feature in the context of securing public funding for a TDR bank.
Supplement the Private Market
TDR banks provide receiving area developers with an alternative source of TDRs.
In a private market transaction, the developer must find, contact, and negotiate
with one or, usually, more sending area property owners to purchase TDRs. With
a TDR bank, a developer knows how many TDR credits are available, what the
price will be, and what the process is to obtain the credits.
The existence of a TDR bank does not, in and of itself, guarantee that sufficient
credits will be available when developers need them. An underfunded bank may
face challenges maintaining an adequate supply of TDR credits. The purpose of
this report’s analysis is to determine the amount of funding needed to ensure
that a TDR bank would be sufficiently capitalized.
Stabilize Prices and Foster Certainty
TDR banks help stabilize TDR prices, especially over time as supply and demand
move in and out of balance with economic cycles. A bank provides price certainty
2. TDR Bank Benefits
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for sending area property owners when they consider whether to participate in
the TDR program. A bank also allows developers to analyze the financial feasibility
of a potential development with a degree of certainty that TDR credits will be
available in the future at the assumed price when they have to buy the credits.
Market and Promote the TDR Program
TDR banks often provide program marketing, administration, transaction facilita-
tion and other functions. These efforts produce more successful programs, and
they benefit private market transactions. TDR programs without a bank still per-
form these functions. However, local governments that invest in a TDR bank are
more likely to protect that investment by adequately staffing and funding these
functions.
Demonstrate Commitment
Establishing and funding a TDR bank demonstrates to property owners and de-
velopers the local government’s commitment to TDRs. Furthermore, a bank
funded by a voter-approved tax measure, or professional polling, demonstrates
overall community support for the TDR program and conservation. In turn, this
demonstrated commitment helps motivate sending area property owners to
more seriously investigate and consider participating in the TDR program rather
than waiting on the sidelines.
CHALLENGES TO ESTABLISHING A TDR BANK
Even with the benefits a bank provides for TDR programs, there are challenges to
setting up an effective TDR bank.
Competition for Public Funds
TDR banks can be self-sustaining for as long as there is a supply of TDRs and de-
velopment capacity to use them. Nevertheless, a bank requires some initial fund-
ing from public coffers. Securing public funding presents challenges, especially
considering competition for limited public dollars. The initial public funding that
goes into a TDR bank becomes a revolving fund, continuing to pay for additional
conservation over time, in contrast to many other alternatives which tend to be
one-time uses of money. In addition, if the funding is provided through an in-
creased millage rate, the TDR bank would be drawing from new funds rather than
competing for support from the county’s general fund. Whatever the source, suc-
cessfully obtaining public funds requires a robust public engagement process.
This is even more so if a public vote will be needed.
Holding Time
The length of time the bank may be expected to hold TDRs until there is demand
to sell them can become a concern. This is especially true if a debt obligation is
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used to finance the initial bank capitalization, and TDR sales are needed to repay
the debt. It is less of a concern if an increase in ad valorem property tax directly
funds the initial capitalization or secures the debt obligation that funds the initial
capitalization.
Either way, the holding time should be less of a concern in Collier County because
the TDR program has been effective for many years and has already used 2,100
TDR credits. The economic analysis in this report uses a conservative approach
that assumes a lengthy period before TDR sales occur at a substantial rate. The
county should avoid making overly-optimistic projections about how fast the
bank will recycle the initial funding for additional TDR purchases.
Preservation Support
TDR banks can hold TDRs for a long time with minimal criticism if citizens appre-
ciate the public benefits secured by the banks purchase of TDRs. For example,
TDR banks in King County, Washington and Palm Beach County, Florida purchased
TDRs from land that ultimately became parks, nature preserves and open space.
This consideration may be less important in Collier County because a bank is likely
to experience some sales in the short term. Nevertheless, the public engagement
process should publicize the benefits from bank purchases of TDRs.
Adequate Funding
Establishing a TDR bank with inadequate funding can result in calls for additional
public funding and can also discourage sending area property owners from par-
ticipating in the TDR program. This is especially true when receiving area demand
is slow. Sending area property owners are more likely to be patient if they see
TDR bank sales generating funding for additional TDR purchases. The RFMUD TDR
program’s successful track record should lessen concerns about the length of
time before the bank is able to make new purchases after the initial funding has
been used.
SPECIFIC RFMUD BENEFITS
In addition to the general benefits a bank provides for a TDR program, there are
three specific RFMUD TDR issues that a bank could address.
Near-Term Support
In the public engagement process for the RFMUD restudy, sending area property
owners expressed concern about the slow pace of current and near-term receiv-
ing area demand for TDRs. A well-funded TDR bank could satisfy the current send-
ing area desire to sell TDRs.
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Ease of Acquisition
Receiving area developers have expressed their concern that obtaining TDRs has
become and will continue to become more difficult and discourage their interest
in participating in the TDR program. TDRs have been severed from many of the
larger parcels and the ones that are easiest for severing TDRs. The smaller the
sending area parcels with available TDRs, the more property owners a developer
must negotiate with and the more cumbersome the process. A TDR bank ensures
a ready supply of TDRs when developers need them. And depending on the pro-
cesses the county would establish, a TDR bank could have a fairly simple and ef-
ficient sales procedure.
Perpetual Land Maintenance
Conveying land to the Florida Forestry Service has been an effective way to en-
sure perpetual land maintenance in the South Belle Meade sending area. The
county is examining the possibility of establishing an environmental mitigation
bank, or Regional Offsite Mitigation Area (ROMA), in the North Belle Meade send-
ing area. This would provide a cost-effective way for the county to mitigate the
impacts of its transportation and other infrastructure projects and provide a pos-
sible solution to perpetual land management and hydrology capital improve-
ments for properties from which TDRs have been severed in the selected geo-
graphic area.
TDR banks often sell TDRs for a slightly higher price than they pay to purchase
them. A part of this difference in prices can be used to repay the initial funding
for the bank. If the TDR bank is funded with a dedicated millage rate increase, the
amount generated for repayment could also be used for other conservation pur-
poses, including maintenance of properties conveyed to the county after TDR
credits have been severed.
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3. Funding Options
Typically, local governments initially fund TDR banks with public funding, ranging
from general fund to a voter approved tax. The first section below describes the
traditional public funding. The next two sections describe less-traditional but nev-
ertheless possible capitalization options.
TRADITIONAL PUBLIC FUNDING
There are several types of public funding that Collier County could consider if it
decides to establish a TDR bank. This section provides a brief description of these
types of funding and then discusses the advantages and disadvantages of a dedi-
cated ad valorem tax relative to the other types of public funding. The appendix
provides more detailed descriptions of these types of public funding with exam-
ples from other programs.
Types of Public Funding
Partnerships with Preservation Organizations
Local governments can stock TDR banks by partnering with land preservation pro-
grams that traditionally restrict land with generic conservation easements rather
than TDR easements. Although these most often take the form of purchase of
development rights (in which the rights are retired rather than transferred to a
receiving area), some programs have used the funding to create a true TDR pro-
gram.
Conservation Bonds
The voters of local jurisdictions can approve conservation bonds. Rather than use
this money once for traditional acquisition of land or easements, some commu-
nities sever the TDRs from land they preserve and resell them in a TDR bank.
General Fund
Local governments can devote general fund money to capitalizing a TDR bank.
King County, Washington started its TDR bank with a $1.5 million loan. The TDR
program repaid the loan in full, with interest, in 2016. Bank funding may change
each year depending on changing constraints on the general fund.
Severing TDRs from Government Purchased Property
Local governments buying parkland or protecting nature preserves can sever de-
velopment rights and deposit them into the TDR bank.
3. Funding Options
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Dedicated Ad Valorem Property Tax
Local governments can dedicate an increase ad valorem property tax to fund the
initial capitalization of a TDR bank. Depending on the total funding desired and
the amount of tax revenue generated, this tax could be for a limited number of
years, with TDRs purchased in each year directly from the tax revenue generated.
When the revenue generated cannot fund the initial capitalization adequately in
a few years, the tax revenue could be used to secure bond financing, with the
debt repaid by the tax revenue over a longer time period. For a RFMUD TDR bank,
the amount of funding needed, which is determined in the next part of this re-
port, could probably be directly generated over five years, without using bond
financing.
Advantages of an Ad Valorem Tax
Quick Start to TDR Purchases
A dedicated ad valorem tax could generate sufficient revenues to begin making a
significant number of TDR purchase in the near term. A conservation bond could
also begin in the near term, albeit slightly longer to obtain voter approval. The
other types of public funding would take many years to make a significant amount
of TDR purchases.
Ability to Satisfy More Sending Area Property Owners
The RFMUD Restudy White Paper reaffirms the goal of treating all sending area
properties the same. With the other types of funding, which will not be able to
make a significant number of purchases in the near term, the county would have
to prioritize purchases because there would likely be many more interested TDR
sellers than could be accommodated with the limited funds. This would be less of
an issue with an ad valorem tax and with a conservation bond.
Funding for Other Public Purposes
An ad valorem tax and a conservation bond could be structured to generate rev-
enues for other public benefits, most notably the long-term maintenance or hy-
drological enhancement of preserved lands from which TDRs have been severed.
Because they generate much less revenue, the other types of public funding
would not pay for other public benefits.
Disadvantages of an Ad Valorem Tax
The primary disadvantage of a conservation bond is the need to obtain voter ap-
proval. We assume that an ad valorem property tax to directly fund a TDR bank
would not require voter approval. Given the numerous benefits of a TDR bank,
there may be a strong case for voter approval of a conservation bond. However,
the time and cost involved with the referendum process should be considered.
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The county directly appropriating from the general fund to a special fund for a
TDR bank could avoid the cost and time of voter approval.
Given the challenge of obtaining voter approval, a natural inclination would be to
rely on the state and federal government to fund the TDR bank through grants
and loans. Certainly, there is no reason not to use that funding when available.
However, there are no such programs that could fully provide the amount of
funding determined necessary in the next part of this report.
TDR SURCHARGE
At least one TDR program, if not more, requires that developers pay a surcharge
to the jurisdiction for every TDR credit used in a TDR development project. At one
time, the City of Los Angeles required a public benefit payment of $35 per square
foot of transferred floor area. The revenue generated was used for affordable
housing, open space, historic preservation, public transportation, and public and
cultural facilities. Although the amount has changed, it is still a highly effective
means of generating funding for improvements in downtown Los Angeles.
Collier County could use the revenue from a surcharge for multiple community
benefits in the RFMUD, which might involve capitalizing a TDR bank. This ap-
proach has the advantage that it does not rely on public funding. Unless, how-
ever, the county could require payment of the surcharge on entitled but not yet
constructed projects, this alternative would not generate substantial funds for a
TDR bank until the development market in the RFMUD returned in strength, and
by then, the case for establishing a TDR bank would be much weaker.
The bigger disadvantage to this approach is that it does not generate additional
money for conserving sending area properties. A separate report, TDR Analysis
Report, analyzed the financial feasibility of receiving area development and de-
termined the dollar amount that developers could afford to pay to acquire TDRs.
To pay a surcharge, each development project would need to pay less to purchase
TDRs. This reduction could be in the average TDR price or in a change in the trans-
fer ratio so that fewer TDR credits would be required. Either way, a surcharge
would be a zero-sum gain in the amount of funding flowing to sending area prop-
erty owners.
TDRS FROM COUNTY-OWNED PROPERTY
As an alternative to funding the initial capitalization of a TDR bank, the county
could sever TDR credits from land the county owns in the sending areas. Those
TDR credits could then be deposited in the bank or sold and the proceeds depos-
ited in a TDR bank.
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Collier County owns about 300 acres of land in RFMUD sending areas. Although
purchased for other reasons, these properties would qualify as sending sites un-
der the TDR program. The county could itself become a seller of TDRs severed
from these properties and use the sale of these TDRs as initial capitalization of a
RFMUD TDR bank.
This approach would not require new county investment. However, it would also
not generate new revenue for purchasing TDR credits until the development mar-
ket in the RFMUD returned in strength, and by then, the case for establishing a
TDR bank would be much weaker. Furthermore, this approach would not gener-
ate an adequate amount of initial funding for a TDR bank. If the 300 acres of
county-owned property received the maximum number of TDR credits, for exam-
ple eight per five acres, it would result in 2,400 credits (or 12 percent of the the-
oretical supply), or $24 million. While this would not be sufficient to fully fund the
TDR bank, it would be a good start to full capitalization. Furthermore, these cred-
its could be severed and transferred to the bank quickly so the bank is able to sell
TDRs while it awaits voter approval for a conservation bond.
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4. Economic Analysis
4. Economic Analysis
This part of the report provides an economic analysis that identifies a target
amount for the initial funding of a TDR bank and projects an annual cash flow for
the bank. The target is based on reasonable assumptions and conservative esti-
mates. However, there is no exactly right number. The target is intended to serve
as a starting point for public discussions, and the result of those discussion may
be a different target that is equally reasonable.
INITIAL FUNDING OBJECTIVE
The objective of the initial funding of a TDR bank is to fund the purchase of one-
half of the likely supply of TDR credits. A separate study, TDR Analysis Report,
determined the likely supply of TDR credits across the four sending areas. The
likely supply is 16,400. Therefore, the objective of the initial funding is to enable
a TDR bank to acquire 8,200 TDR credits.
The TDR Analysis Report recommends a target price of $10,000 per TDR credit. At
that price, the initial funding should be about $82 million. Assuming that the ini-
tial funding is provided by a dedicated ad valorem property tax over five years,
the $82 million in initial funding equates to about $16,420,000 each year for ac-
quiring TDR credits.
RECEIVING AREA BUILDOUT
Because the TDR bank would reinvest the proceeds from the sales of TDR credits,
the bank’s cash flow depends on the rate of development in the receiving areas.
The economic analysis begins by projecting the rate of development.
Because the west receiving area has experienced the most development to date,
its development pattern is used as a model for the other three receiving areas.
Figure 3 shows the number of households in the west receiving area from 2005
to 2015 and Collier County’s current projection for this area through 2040. The
chart shows that this area had relatively rapid growth from 2006 to 2012. From
2012 onward, the growth rate slows, but the area maintains a steady level of
growth.
The analysis assumes that the other three receiving areas will experience the
same amount of household growth over the first six years of substantial develop-
ment, followed by a straight-line trend until they reach their assumed buildout.
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The analysis makes the following assumptions about the other three growth ar-
eas:
+ The North receiving area will begin substantial development starting in
2022 and will fully buildout by 2040.
+ The North Belle Meade receiving area will begin substantial development
in 2027, and it will be 50 percent builtout by 2050.
+ The South Belle Meade receiving area will begin substantial development
in 2035, and it will be 35 percent builtout by 2050.
Based on these assumptions, Table 1 on the following page shows the projected
number of households in each receiving area from 2016 to 2050. The yearly in-
crease in the number of households determines the number of TDR credits
needed. The final column in Table 1 shows the number of TDR credits projected
to be purchased each year.
Figure 3: Actual and Projected Household Growth, West Re-
ceiving Area, 2005 to 2040
Source: PlaceWorks, 2016, using data from Collier County.
0
500
1,000
1,500
2,000
2,500
3,000
2005 2010 2015 2020 2025 2030 2035 2040
Actual Projected
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Table 1: Projected Number of Household by Receiving Area,
2016 to 2050
West North
North
Belle
Meade
South
Belle
Meade
Annual
TDR
Demand
2016 1,990
2017 2,070 66
2018 2,150 67
2019 2,230 69
2020 2,310 70
2021 2,370 58
2022 2,440 120 152
2023 2,510 120 63
2024 2,580 190 113
2025 2,650 260 114
2026 2,710 380 142
2027 2,770 550 120 275
2028 2,830 770 120 224
2029 2,870 1,640 190 748
2030 2,870 2,500 260 716
2031 2,870 3,370 380 755
2032 2,870 4,240 550 794
2033 2,870 5,100 770 833
2034 2,870 5,970 1,060 883
2035 2,870 6,830 1,350 120 976
2036 2,870 7,700 1,630 120 886
2037 2,870 8,560 1,920 190 935
2038 2,870 9,430 2,210 260 935
2039 2,870 10,300 2,490 380 975
2040 2,870 10,300 2,780 550 351
2041 2,870 10,300 3,070 770 389
2042 2,870 10,300 3,350 1,700 929
2043 2,870 10,300 3,640 2,620 929
2044 2,870 10,300 3,930 3,550 929
2045 2,870 10,300 4,220 4,480 929
2046 2,870 10,300 4,500 5,400 929
2047 2,870 10,300 4,790 6,330 929
2048 2,870 10,300 5,080 7,250 929
2049 2,870 10,300 5,360 8,180 929
2050 2,870 10,300 5,650 9,100 929
Source: PlaceWorks, 2016.
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TDR BANK CASH FLOW TABLE
The projected cash flow for the TDR bank is based on the following assumptions:
+ The target price for TDRs is $10,000.
+ To balance the cash flow and ensure that the initial funding is repaid, the
bank would purchase TDRs for $9,921 per credit and would sell TDRs for
$10,079 per credit; the difference would create an opportunity for the
private market while offsetting, in part, the county’s administrative cost.
+ The bank would use 51.4 percent of the proceeds from the sales of TDR
credits to purchase new credits in the following year.
+ The bank would use 47.1 percent of the proceeds from the sales of TDR
credits to repay the initial funding.
+ The bank would use 1.5 percent of the proceeds from the sales of TDR
credits to offset, at least partially, administrative costs, up to $100,000 in
a single year (see appendix for a discussion of administrative costs).
+ The bank should repay the initial funding within 30 years.
Table 2 on the following page shows what the cash flow for the TDR bank would
be under these assumptions.
Cash Inflow
The first column shows the cash flowing into the bank from the initial capitaliza-
tion. Based on the assumptions, the amount reflects the initial funding objective
discussed on page 15 ($81.5 million to purchase 8,200 TDR credits at a price of
$9,921 per credit) spread equally over five years. The second column indicates
the cash flowing into the bank from its sales of TDR credits based on the projected
demand (see Table 1 on page 17) and a sales price of $10,079 per credit. The third
column is the total cash inflow each year, the sum of the first two columns.
Cash Outflow
The fourth column is the amount that the bank would generate to help offset the
county’s cost to administer the TDR program and the TDR bank. The amount is
1.5 percent of the proceeds from the bank’s sales of TDRs each year, up to an
assumed maximum of $100,000 per year. The fifth column is the amount that the
bank would provide to repay the initial funding. The county could dedicate this
funding to one or more purposes. The funds could be deposited into the general
fund to reimburse taxpayers. The county could use the funds to preserve and
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Table 2: Illustrative TDR Bank Cash Flow, RFMUD, 2017 to 2050
(1) (2) (3) (4) (5) (6)
Year Initial
Capitalization
Cash
Inflow from
TDR Sales
Gross Cash
Inflow
Cash Outflow to Help Offset
Administration
Cost
Cash Outflow to Repay
Initial
Capitalization
Balance
Available for
TDR Purchase
2017 16,290,000 666,000 16,960,000 (10,000) (314,000) 16,630,000
2018 16,290,000 679,000 16,970,000 (10,200) (320,000) 16,640,000
2019 16,290,000 692,000 16,980,000 (10,400) (326,000) 16,650,000
2020 16,290,000 706,000 17,000,000 (10,600) (332,000) 16,650,000
2021 16,290,000 588,000 16,880,000 (8,800) (277,000) 16,590,000
2022 1,535,000 1,540,000 (23,000) (723,000) 790,000
2023 631,000 630,000 (9,500) (297,000) 320,000
2024 1,143,000 1,140,000 (17,100) (538,000) 590,000
2025 1,154,000 1,150,000 (17,300) (543,000) 590,000
2026 1,432,000 1,430,000 (21,500) (674,000) 740,000
2027 2,774,000 2,770,000 (41,600) (1,306,000) 1,430,000
2028 2,257,000 2,260,000 (33,900) (1,063,000) 1,160,000
2029 7,543,000 7,540,000 (100,000) (3,551,000) 3,890,000
2030 7,214,000 7,210,000 (100,000) (3,396,000) 3,720,000
2031 7,608,000 7,610,000 (100,000) (3,582,000) 3,930,000
2032 8,006,000 8,010,000 (100,000) (3,769,000) 4,140,000
2033 8,395,000 8,400,000 (100,000) (3,953,000) 4,340,000
2034 8,901,000 8,900,000 (100,000) (4,191,000) 4,610,000
2035 9,839,000 9,840,000 (100,000) (4,632,000) 5,110,000
2036 8,925,000 8,930,000 (100,000) (4,202,000) 4,620,000
2037 9,427,000 9,430,000 (100,000) (4,438,000) 4,890,000
2038 9,428,000 9,430,000 (100,000) (4,439,000) 4,890,000
2039 9,823,000 9,820,000 (100,000) (4,625,000) 5,100,000
2040 3,534,000 3,530,000 (53,000) (1,664,000) 1,820,000
2041 3,924,000 3,920,000 (58,900) (1,847,000) 2,020,000
2042 9,365,000 9,360,000 (100,000) (4,409,000) 4,860,000
2043 9,365,000 9,360,000 (100,000) (4,409,000) 4,860,000
2044 9,365,000 9,360,000 (100,000) (4,409,000) 4,860,000
2045 9,365,000 9,360,000 (100,000) (4,409,000) 4,860,000
2046 9,365,000 9,360,000 (100,000) (4,409,000) 4,860,000
2047 9,365,000 9,360,000 (100,000) (4,409,000) 4,860,000
2048 9,365,000 9,360,000 (100,000) 0 9,260,000
2049 9,365,000 9,360,000 (100,000) 0 9,260,000
2050 9,365,000 9,360,000 (100,000) 0 9,260,000
Source: PlaceWorks, 2016.
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maintain lands from which TDRs have been severed and which have been con-
veyed to the county. The county could use the revenue for an environmental fund
for estuary health, aquifer health, and hydrological capital improvements.
Balance to Purchase Additional TDRs
The final column in Table 2 is the difference between the annual cash inflow and
cash outflow. This is the amount that the bank would have available each year to
reinvest in the purchase of additional TDRs. The initial funding would enable the
bank to purchase 8,200 TDR credits; the amount the bank would reinvest could
enable the purchase of up to 9.000 additional credits by the time the bank repays
the initial funding.
Final Repayment
The data shows that the bank would be able to repay the initial funding by 2047.
Once the bank has repaid the initial capitalization, it could become self-sustain-
ing, each year buying and selling TDRs per market demand. The county could de-
cide instead to phase the bank out after the initial funding has been repaid.
MILLAGE RATE
The cash flow presented Table 2 assumes that the initial capitalization is directly
funded through an increased millage (established through the county budget or
approved by the voters) dedicated to a special fund or a direct appropriation by
the BCC from the general fund. In terms of 2017 taxable value, the $16.3 million
for initial funding in each of the first five years would be equivalent to approxi-
mately 0.21 mills.
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5. Recommendations
5. Recommendations
Based on input from the RFMUD Restudy, there is a desire among sending area
property owners to sever and sell TDR credits. However, there is weak demand
for TDR credits for receiving area development projects, even though the long-
term demand appears to be strong. To bridge the gap between the supply of cred-
its that could be available in the near term and the demand that may not materi-
alize in the near-term, we recommend that Collier County establish a TDR bank
for the RFMUD and that the county provide funding upfront for the initial capital-
ization of the bank.
The most effective way to capitalize a TDR bank would be for the BCC to increase
the millage rate and direct the increased revenue to a special fund for the TDR
bank. If an increase of 0.21 mills is feasible, over five years the county could suf-
ficiently capitalize the TDR bank to acquire one-half of the likely supply of TDR
credits.
If a 0.21 mills tax rate increase is not feasible, the county could ask the voters to
approve a conservation bond, which could be repaid with a lower millage rate
over a period longer than five years. With the time required to schedule and con-
duct an election on the bond and the time to issue bonds, this approach would
extend the timeline for when the county could begin purchasing TDR credits. Nev-
ertheless, this approach would still be an effective means to bridge the gap be-
tween the near-term potential supply of TDRs and the long-term demand.
We also recommend that the county consider how best to use the revenues gen-
erated by the bank’s sales of TDRs. The investment in the bank’s capitalization
could serve double duty. First, the initial funding can be recycled, creating a re-
volving fund for TDRs and a self-sustaining TDR bank for as long as there is supply
and demand for TDR credits. Second, the repayment of the initial funding can, in-
turn, fund other needed and desired public benefits, including conservation and
maintenance of preserved lands and hydrological capital improvements. Reim-
bursing the general fund is also a worthy goal, but because the prepayment may
take 30 years, the annual impact may be less noticeable.
Finally, we recommended the county explore the various assumptions laid out on
pages 16 and 18. These assumptions lead to one illustrative cash flow program,
but there is no single correct program. A different set of assumptions that better
match the Collier County context and values may result in an equally valid level
of capitalization.
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Appendix
APPENDIX C-1: TRADITIONAL PUBLIC FUNDING
EXAMPLES
Partnerships with Preservation Organizations
Local governments can stock TDR banks by partnering with land preservation pro-
grams that traditionally restrict land with generic conservation easements rather
than TDR easements. Pennsylvania leads the US in the amount of preserved farm-
land largely due to the incentives provided by the state’s purchase of develop-
ment rights program, funded by a voter approved $100-million bond and ciga-
rette taxes. Lancaster County, Pennsylvania, with 85,510 acres protected as of
2010, leads the nation in preserved farmland using a combination of grants from
the state and by appropriating almost $1 million of County tax dollars per year for
several years to farmland preservation. In most Lancaster County townships,
state, county and local taxes buy traditional easements and then wait for future
cash infusions. In contrast, Warwick Township partners with Lancaster County
(and/or the Lancaster Farmland Trust) to fund TDR easements and the County
allows Warwick to bank and resell the resulting TDRs with the stipulation that all
TDR sale proceeds be applied to additional land preservation. To date, Warwick’s
TDR program has preserved more than 1,560 acres of farmland, which is over 12
percent of the township’s total land area.
Conservation Bonds
The voters of local jurisdictions can approve conservation bonds. Rather than use
this money once for traditional acquisition of land or easements, some commu-
nities sever the TDRs from land they preserve and resell them in a TDR bank. In
Palm Beach County, Florida, voters approved a $100 million bond that was used
to acquire 35,000 acres of environmentally-sensitive land. The 9,000 TDRs sev-
ered from this land are sold by the Palm Beach County TDR bank at commissioner-
established prices ranging from $10,000 to $50,000 each with sale proceeds ded-
icated to expansion and maintenance of the nature preserve system. At a more
modest level, Burlington County, New Jersey started its bank by the issuance of a
$1.5 million county bond; the TDRs banked by this bond were instrumental to the
success of Chesterfield Township’s award-winning TDR program.
Appendix
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General Fund
Local governments can devote general fund money to capitalizing a TDR bank.
King County, Washington started its TDR bank by including $1.5 million in its 1999
budget with the stipulation that this start-up capital be repaid when the TDR
Bank’s cash balance exceeded $2 million; in 2016, the TDR Bank exceeded that
balance and the TDR Bank refunded the initial capitalization to King County. Man-
heim Township, Lancaster County, Pennsylvania stocked its TDR bank by buying
TDRs with general fund money and holding them for resale.
Severing TDRs from Government Purchased
Property
Local governments can dedicate a portion of tax revenues to acquire TDRs in the
course of buying parkland and protecting nature preserves. These TDRs then con-
stitute the inventory of the government’s TDR bank. In King County, Washington,
the revenue dedicated to open space, called Conservation Futures, has been used
to buy TDRs for its TDR bank. In a single transaction, King County used $22 million
of Conservation Futures funding to protect 90,000 acres of forest east of Seattle,
with the resulting 990 TDRs placed in the TDR bank for resale. To date, TDR ac-
quisitions have preserved 141,500 acres in King County.
Dedicated Ad Valorem Property Tax
Collier County could put a referendum before the voters asking for approval of
using a small portion of property tax to fund the acquisition of TDRs from the
RFMUD and possibly other areas in need of preservation in Collier County. If the
county used this tax revenue to finance a bond, a substantial amount of money
could become available in the near-term future to buy and hold TDRs for resale
when the receiving area entitlement is depleted and demand for TDRs increases.
As these banked TDRs are sold, the proceeds could be used again to preserve
additional land (and bank additional TDRs) and/or fund the restoration/mainte-
nance of the preserved land. The ability of TDRs to recycle an initial amount of
public money may make this technique more appealing to voters than typical
open space bond measures. In addition, this new program could set aside suffi-
cient money for an endowment fund to assure restoration and perpetual mainte-
nance of land conveyed to the county by the TDR program if money is needed for
this purpose because the mitigation bank or ROMA has not materialized.
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APPENDIX C-2: TDR BANK STAFFING
This appendix discusses possible staffing needs in the event that Collier County
decides to create a TDR bank. TDR programs and banks vary significantly in scale,
activity and ambition. They also change over time. This memo provides examples
from three programs spanning that range of diversity.
Warwick Township, Lancaster County, Pennsylvania
At the smaller end of the scale, Warwick has preserved 24 farms with 1,560 acres
(about 12 percent of the total land area) with its TDR program since 1991. A War-
wick Township administrative assistant estimates that one percent of her time is
needed to keep records of acquisitions and sales. With the Town Manager, Town
Planner and Town Solicitor similarly devoting one percent of their time TDR bank
transactions require a total of less than 0.1 Full Time Equivalent (FTE) employee.
New Jersey Pinelands Development Credit Bank
At the other end of the spectrum, the New Jersey Pinelands Development Credit
Bank was created by the State of New Jersey to facilitate a TDR program operating
in 53 municipalities within seven counties occupying a land area of one million
acres. The program has preserved almost 52,000 acres as of 2015. New Jersey
funded the bank with a state appropriation of $5 million in 1985. The bank has
purchased 1,581 credits and private parties have purchased 1,896 credits to date.
The bank has sold 775 credits and private parties have sold 1,088 credits to date.
Staffing for the bank has changed significantly over time. In the early 1980s, the
New Jersey Pinelands Development Credit Bank was staffed by one part-time di-
rector and a secretary. By 2005, the year in which credit prices peaked, the New
Jersey Pinelands Development Credit Bank staff consisted of two full-time admin-
istrators, one full-time outreach person, a part-time data entry clerk, and a
fulltime secretary. At a separate location, the New Jersey Pinelands Commission
in 2005 processed applications using one full time planner, one part-time GIS per-
son, one part-time planner in the Development Review office (to determine allo-
cations, review deeds, process paperwork), two part-time supervisors and a part-
time secretary. Consequently, the total staff for the two offices in 2005 was
roughly eight FTE positions.
Today, the separate office for the Pinelands Development Credit Bank has been
closed and the banking functions have been absorbed by staff at the Pinelands
Commission roughly consisting of one full-time planner, one part-time adminis-
trator, one part time Development Review staffer, one part-time GIS technician,
one part-time director and presumably one half time administrative assistant, or
3.5 FTE personnel. Bear in mind that the Pinelands Development Credit Bank has
not received new capitalization from public sources for over 30 years (although it
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has gotten public money to buy and retire credits since then). Also, the level of
bank activity is low at this point despite the vast size of the planning area. In an
August 18, 2016 conversation, the Pinelands Commission’ Chief Planner, who
now also wears the hat of Pinelands Development Credit Bank Executive Director,
commented that the person in charge of a TDR bank should ideally work fulltime
exclusively on bank responsibilities. A TDR bank director can rely on expertise in
other offices that are needed to run the bank but that do not require a full-time
person devoted exclusively to the bank (legal, GIS, computing and planning staff
for processing applications). However, she also mentioned that a truly active pro-
gram is labor intensive: recruiting participants and guiding them through the pro-
cess is very time consuming. Some landowners will have little understanding of
easements and title reports much less TDR details. If the Pinelands Development
Credit Bank were to receive a significant shot of new public capitalization, at least
one additional fulltime position would need to be added and possibly some cur-
rently half time positions would become fulltime in order to actively promote,
facilitate and administer the program. She did not offer a number but assuming
that three current part time positions became full time and if one additional full
time position were added, the Pinelands program staff would grow from 3.5 FTE
to six FTE positions.
King County, Washington TDR Bank
From the standpoint of scale, activity and ambition, the TDR bank in King County,
Washington may be the best model for Collier County. This program has pre-
served 145,000 acres to date. The King County TDR Bank works intensively with
Seattle and other incorporated cities within the county to reach inter-jurisdic-
tional transfer agreements which often include incentives and highly innovation
features like revenue sharing between the cities and the county. The King County
program also sometimes offers to pay for amenities in cities that enter into agree-
ments to accept TDRs from land under county jurisdiction and TDRs held by the
King County TDR bank. Negotiating these inter-jurisdictional agreements is labor
intensive and represents a type of work that probably is not on the near-term
horizon in the event that Collier County chooses to start a bank.
King County started its TDR bank in 1999-2000 with a $1.5 million loan from the
county budget. The bank must repay this loan when its cash balance exceeds $2
million. But the bank never reaches this cash balance because it quickly uses all
revenue to buy more TDRs. (Due to an impending large acquisition, the bank cur-
rently must exceed this cash balance per an agreement with Seattle; but this is
acknowledged to be a necessary exception to the original loan agreement).
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The bank is also partly stocked with TDRs purchased with money from the
county’s Conservation Futures Fund, (a portion of property tax dedicated to land
preservation). King County likes to use the TDR bank for acquisitions because the
revenue from TDR sales creates a perpetual revolving fund for preservation. The
King County TDR Bank Manager estimates that TDRs transferred to the bank re-
sulting from Conservation Futures funding has totaled roughly $7.5 million over
the years, an average of $500,000 annually although these acquisitions actually
vary from year to year. Conservation Futures has also paid about $2.5 over the
program’s 15-year history for amenities within incorporated cities that sign
agreements to accept TDRs from the county; this additional $2.5 million in fund-
ing assists the work of the TDR bank although it does not directly add any TDRs
to the bank inventory. The TDR bank is sometimes the holder of a conservation
easement on land preserved by non-TDR means; in some instances, the bank has
severed and banked TDRs from these properties.
The TDR bank office does more than buy and sell TDRs. It:
+ Maintains a registry of would-be buyers and sellers of TDRs to facilitate
private as well as public transactions
+ Maintains records of all transactions
+ Documents current conditions on land offered as sending sites by owners
+ Administers 95% of public and private transactions; sometimes the bank
gets assistance from private brokers but the bank staff is still involved in
every transaction at a minimum to provide information and document
the prices charged for the TDRs
+ For large transactions, the bank works with title and escrow services (a
single King County TDR bank transaction bought 990 TDRs by preserving
90,000 acres east of Seattle for $22 million)
+ Oversees drafting of the conservation easement
+ Creates the TDR certificates (305 certificates to date)
+ Records all easements and certificates with county recorder
+ In other words, administers and/or monitors all aspects of every transac-
tion with the exception of retiring the TDRs upon approval of a receiving
site project wanting bonus development potential.
The TDR Bank Manager is 0.7 FTE on TDR bank work. A position that mostly han-
dles a non-TDR task (impact mitigation) spends 0.2 FTE on TDR bank work and a
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third position is budgeted to devote 0.4 FTE to TDR bank data management and
stakeholder assistance. This adds up to 1.3 FTE within the TDR bank. This is sup-
plemented by another 1.2 FTE of support services in other offices who handle
tasks like ongoing monitoring of preserved sites, real estate professionals and le-
gal assistance. Consequently, 2.5 FTE accomplish the work of the TDR bank and
the sending site end of all TDR transactions, public and private. As mentioned
above, the only task not included in this total is conducted by the planners in the
development review section who extinguish the TDRs upon approval of receiving
site applications. The TDR Manager said that if the annual funding increased sig-
nificantly, such as a $10 million infusion of capital to buy TDRs, he would ask for
one more position to market the program, prioritize acquisitions and supplement
the one-on-one assistance to stakeholders. Then he would evaluate whether any
additional temporary positions were needed to handle a spike in acquisitions.
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LIST OF PREPARERS
This report was prepared by Steve Gunnells, Chief Economist at PlaceWorks and
Rick Pruetz, FAICP, of Planning and Implementation Strategies.
Steve’s works with communities to bridge the gap between long-range planning,
policies, and economic development; with community organizations and special
districts to fund and implement priority projects; and with developers, to guide
project decision-making and obtain entitlements based on sound economic and
market analysis. Steve previously worked as a community planning and economic
development consultant for communities and developers in Michigan and Ohio.
He has also served as the field director for a consulting team on a World Bank
project in Yemen, an Economic Development Fellow with the International Eco-
nomic Development Council, and a county Planning Director in Virginia.
Rick is the leading national TDR practitioner, having prepared TDR studies and
ordinances for over 30 communities. In addition, Rick lectures and writes exten-
sively on TDRs, including the book Saved by Development: Preserving Environ-
mental Areas, Farmland and Historic Landmarks with Transfer of Development
Rights in 1997 and coauthoring The TDR Handbook: Designing and Implementing
Transfer of Development Rights Programs in 2012.
Currently, Steve and Rick are collaborating to assist the New Jersey Highlands Re-
gional Council with re-evaluating the Highlands Regional TDR Program, helping
Santa Fe County, NM, to establish a TDR bank for the county’s new TDR program,
recommending revisions to the Irvine, CA, TDR program for the Irvine Business
Complex, and supporting the Tahoe Regional Planning Agency to develop and
adopt improvements to its regional TDR program.
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Page A-30 Project Name | Report Title
PLACEWORKS: Orange County • Northern California • Los Angeles • Inland Empire • San Diego
3 MacArthur Place | Santa Ana CA 92707 | 714.966.9220 | www.placeworks.com
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TDR Supply and Demand
Recommendations for the Rural Fringe Mixed Use District TDR Program
December 13, 2016
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Packet Pg. 116 Attachment: 06. RFMUD White Paper, Appendix D TDR Econ Report (21721 : Rural Fringe Mixed Use
Prepared for:
Collier County Zoning Division
2800 N. Horseshoe Dr.
Naples, FL 34104
239-252-2400
Prepared by:
PlaceWorks
3 MacArthur Place, Suite 1100
Santa Ana CA 92707
714-966-9220
placeworks.com
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Table of Contents
EXECUTIVE SUMMARY ....................................................... V
Receiving Area Development Scenarios ............................................. v
Housing Type and Density .............................................................. v
Financial Feasibility of Receiving Area Development ........................... v
TDR Credit Demand ..................................................................... vii
Current TDR Supply ..................................................................... vii
Recommended TDR Program Modifications ...................................... ix
Proposed Supply and Demand ........................................................ x
INTRODUCTION ................................................................... 1
TDR Program Background ............................................................. 1
Purpose and Intent ....................................................................... 1
Time Frame ................................................................................. 2
Report Organization ...................................................................... 2
RECEIVING AREA ANALYSIS ............................................. 3
Financial Feasibility Generally ........................................... 3
Developer View of Financial Feasibility ............................................ 3
Financing and IRR ........................................................................ 3
Residual Land Value ..................................................................... 4
Pro Forma Assumptions .................................................... 4
Construction Loan ......................................................................... 4
Permanent Loan and Sale of Rental Product ..................................... 4
Timeline ...................................................................................... 5
Revenue Assumptions ................................................................... 5
Cost Assumptions ......................................................................... 5
Workforce Housing ....................................................................... 6
Development Types ....................................................................... 6
Development Scenarios ................................................................. 6
Development Potential ...................................................... 7
Baseline Scenario ......................................................................... 7
Mid-Range Scenario ...................................................................... 8
High-Range Scenario .................................................................... 8
TDR Demand ................................................................ 12
SENDING AREA ANALYSIS .............................................. 15
Current TDR Supply ....................................................... 15
Theoretical Supply ...................................................................... 15
Likely Supply Assumptions ........................................................... 16
Table of Contents
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Likely Supply ............................................................................. 17
TDR Program Modifications............................................. 18
Increase the Number of TDR Credit ............................................... 18
Institute Neutral and Receiving Credits .......................................... 18
Golden Gate Estates .................................................................... 18
Credits for Conveyance to County .................................................. 18
Price Change ............................................................................. 19
Proposed TDR Supply .................................................... 19
Final TDR Supply and Demand ....................................... 19
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List of Figures
Figure 1: Number of New Residential Dwelling Units at Buildout
by Housing Type and Development Scenario, All Receiving
Areas ................................................................................. vi
Figure 2: Average Residual Land Value by Receiving Area and by
Development Scenario ......................................................... vi
Figure 3: TDR Credit Demand at Buildout, by Receiving Area and
by Development Scenario ................................................... vii
Figure 4: Estimate Theoretical and Likely Supply of TDR Credits
by Sending Area, 2015 ...................................................... viii
Figure 5: Estimated Current Supply and Buildout Demand for TDR
Credits by Development Scenario ......................................... viii
Figure 6: Proposed Supply and Buildout Demand for TDR Credits
by Development Scenario ................................................... 20
List of Tables
Table 1: Construction Cost Assumptions ........................................ 5
Table 2: Acreage by Receiving Area and Development Type ............. 6
Table 3: Development Program by Receiving Area, Baseline
Scenario ............................................................................. 9
Table 4: Development Program by Receiving Area, Mid-Range
Scenario ........................................................................... 10
Table 5: Development Program by Receiving Area, High-Range
Scenario ........................................................................... 11
Table 6: Number of TDR Credits Required by Receiving Area and
by Development Scenario ................................................... 12
Table 7: Cost to Acquire TDR Credits and Resulting Residual Land
Value by Development Scenario........................................... 13
Table 8: Current Theoretical TDR Credit Supply by Sending Area,
2016 ............................................................................... 16
Table 9: Likely Percentage Participation in TDR Program Under
Current Standards, 2016 .................................................... 17
Table 10: Estimate of Current Likely Supply of TDR Credits, 2016
....................................................................................... 17
Table 11: Proposed Theoretical and Likely Supply of TDR Credits
by Sending Area, 2016 ...................................................... 19
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Executive Summary
Executive Summary
Nationally recognized as a success story, Collier County’s Rural Fringe
Mixed-Use District (RFMUD) Transferable Development Rights (TDR)
Program has slowed since the 2008–09 recession. The TDR program
restudy explores ways to bolster the program, ensure that development
in receiving areas can and does use TDR credits, and facilitate the con-
servation and preservation of sending area lands with high environmen-
tal value. This report seeks to inform these aspects of the restudy. The
report focuses on improving the balance between the supply of and
demand for TDR credits.
Receiving Area Development Scenarios
The report analyzes three potential development scenarios for the re-
ceiving areas. The baseline scenario considers single-family detached
housing that achieves a gross density of one dwelling units per acre and
more intense village development—with a mix of multifamily and other
housing types—at a density of three dwelling units per acre, which is
broadly how the receiving areas have been developed to date. The mid-
range scenario considers single-family detached housing at a gross den-
sity of two units per acre and village development at four units per acre.
The high-range scenario illustrates development at higher densities cap-
italizing on reduced requirements for TDR credits—single-family subdi-
visions at a gross density of two units per acre and villages at seven
units per acre.
These development scenarios do not represent new zoning require-
ments. Rather, they are intended to illustrate the impact of density and
types of development on the long-term demand for TDR credits.
Housing Type and Density
Figure 1 on the following page shows the total number of new housing
units by housing type at buildout for each development scenario. Across
all three scenarios, single-family detached housing would be the most
common housing type. However, by providing for more attached and
multifamily housing and smaller lot subdivisions for detached housing,
the mid-range and high-range scenarios achieve greater overall densi-
ties. The baseline scenario would buildout at a gross density of 2.2
units per acre, the mid-range scenario at 3.5 units per acre, and the
high-range at 5.7 units per acre.
Financial Feasibility of Receiving Area Development
Gross density affects the financial feasibility of development and, thus,
the amount that development projects can afford to pay to purchase
TDR credits. Financial feasibility is often signified by the residual land
value. The residual land value is the amount a developer can afford to
pay to acquire land for a development project, while still earning a
standard return on investment (usually a 15 percent internal rate of
return).
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Figure 2 shows the residual land value for each receiving area under
each development scenario. As the data show, the baseline scenario
generates the lowest residual land value in each receiving area, and the
high-range scenario generates the highest. This is important because
higher residual land values typically indicate greater incentives to the
developer to build these projects and to purchase the necessary TDR
credits. The residual land value is also important in absolute terms,
because a developer cannot undertake a development project if the re-
sidual land value is less than the cost to acquire the land. As discussed
below, achieving a higher residual land value is one reason the report
recommends a change in the price of TDR credits.
Figure 1: Number of New Residential Dwelling Units at Buildout by
Housing Type and Development Scenario, All Receiving Areas
Source: PlaceWorks, 2016.
0
30,000
60,000
90,000
Baseline Scenario Mid-Range High-Range
Single-Family Detached Condos and Townhouses
Apartments Affordable Housing
Figure 2: Average Residual Land Value by Receiving Area and by
Development Scenario
Source: PlaceWorks, 2016.
$-
$50,000
$100,000
$150,000
$200,000
North West Belle Meade South Scenario Total
Baseline Scenario Mid-Range High-Range
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TDR Credit Demand
Figure 3 shows the number of TDR credits needed to buildout each
receiving area under each development scenario. The analysis finds
that the baseline scenario would require 28,200 credits, and the mid-
range scenario would require 37,300. Because the high-range scenario
would provide more units at village densities above four units per acre
and more affordable housing units (credits are not required for units
above four units per acre and for affordable housing units), it would
need 28,800. This is the fewest number of TDR credits per total num-
ber of housing units, which contributes to the higher residual land val-
ues.
Current TDR Supply
The theoretical supply of TDR credits is the total number of TDR credits
to which each receiving area parcel that has not severed credits is en-
titled. Based on data from Collier County, the analysis estimates that
the current theoretical supply is 9,530 TDR credits. Because some
property owners will not want to sell the TDR credits, the analysis cre-
ates a model of the likely supply of credits based on the net value of
credits to sending area property owners and the value per acre at which
unimproved and agricultural land has sold in each sending area over
the past three years. Using this model, the analysis estimates that the
current likely supply is 6,420 credits. Figure 4 shows the current theo-
retical and likely supplies of TDR credits for each sending area.
The estimated supply of credits is significantly lower than the potential
demand for credits at buildout of the receiving areas. Figure 5 shows
this difference.
Figure 3: TDR Credit Demand at Buildout, by Receiving Area and by
Development Scenario
Source: PlaceWorks, 2016.
0
10,000
20,000
30,000
40,000
Baseline Scenario Mid-Range High-Range
South Belle Meade West North
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Figure 4: Estimate Theoretical and Likely Supply of TDR Credits by
Sending Area, 2015
Source: PlaceWorks, 2016, using data from Collier County.
0
1,000
2,000
3,000
4,000
South Belle Meade North Belle Meade-
NRPA
North Belle Meade-
West
North
Theoretical Supply Likely Supply
Figure 5: Estimated Current Supply and Buildout Demand for TDR
Credits by Development Scenario
Source: PlaceWorks, 2016, using data from Collier County.
0
10,000
20,000
30,000
40,000
Baseline Mid Range High Range
Likely Supply Theoretical Supply Potential Demand
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Recommended TDR Program Modifications
Based on the difference between the estimated supply and the potential
demand for TDR credits and based on input received through several
public workshops in the first part of 2016, Collier County is considering
several modifications to the TDR program. This report recommends the
following modifications to reduce the discrepancy between TDR supply
and demand.
1. Allocate Additional TDR Credits
Significantly reducing the difference between the supply of and demand
for TDR credits will require allocating additional TDR credits to sending
area properties. Rather than eliminating the difference, though, the ad-
ditional credits should still maintain less supply than demand in order
to incentivize receiving area property owners and developers to pur-
chase TDR credits sooner rather than later and to maintain some up-
ward price pressure to support the recommended sales price. Based on
the analysis and public input, this report recommends an additional
four TDR credits for properties that have not yet severed any credits and
two additional credits for those parcels that have severed and sold some
credits (the base credit and the early entry credit) but that still retain the
potential R&M credit and the conveyance credit. These additions would
increase the theoretical supply by more than 10,000 credits.
2. Institute Neutral and Receiving Credits
Base on public input, there is a desire to provide program flexibility by
allocating credits that developers could obtain by providing public ben-
efits in neutral and receiving area development projects. If limited to
1,000 additional credits, less than five percent of the total theoretical
supply with all of the recommendations implemented, this should have
a negligible impact on the marketability of sending area credits. Pro-
gram requirements to limit the number of these credits on a single pro-
ject could further minimize the sending area impact.
3. Limit New Golden Gate Estates Credits
The county is considering allocating a limited number of new TDR cred-
its to support conservation of high environmental value lands in Golden
Gate Estates. The report recommends limiting any such additional cred-
its to 200 to 400, which would be less than two percent of the total
theoretical supply, to avoid impacts on the marketability of sending area
TDR credits.
4. Establish Credits for Conveyance to County
Capitalizing on the theoretical supply of TDR credits will require estab-
lishing a county program or a conservation organization to accept con-
veyance of properties after TDRs are severed, if the Florida Forestry Ser-
vice is not an option. The report recommends allocating one additional
TDR credit in the sending areas when the property is conveyed to the
county or another organization. The funds generated by the sale of this
final TDR credit would go to the county or other organization to help
offset the costs of long-term maintenance.
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5. Lower Price of TDR Credits
A lower average TDR price would help ensure that the higher density
development patterns that the county desires for the RFMUD are finan-
cially feasible. The market should move to a lower TDR price in re-
sponse to the increase in the supply of TDR credits resulting from the
modifications described above. Based on the analysis in this report, we
recommend that a TDR bank establish a price of $10,000 per TDR
credit if the county moves forward in establishing a TDR bank.
Proposed Supply and Demand
With the recommendations described above, the theoretical supply
would be 20,520 TDR credits, 79 percent of the potential TDR demand
under the high-range scenario. If current RFMUD growth trends con-
tinue, this balance should last for two or more decades of development
before the TDR program will need a new restudy.
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Introduction
Collier County is conducting a restudy of the Rural Fringe Mixed-Use
District (RFMUD). In response to the 1999 Final Order, the county
adopted various revisions to the RFMUD from 2002 to 2004. Included
in the revisions was the establishment a Transferable Development
Rights (TDR) Program.
TDR Program Background
Under the TDR Program, approximately 41,000 acres of land with high
environmental value are identified as sending areas. Generally, devel-
opment in these areas is restricted to no more than one dwelling unit
per 40 acres. In lieu of developing this land, property owners may sever
and sell TDR credits. For each five acres in a parcel 1, the TDR program
allocates the property owner one base credit and one early entry credit.
One additional restoration and maintenance (R&M) credit is available if
the property owner restores the land in accordance with program re-
quirements. Finally, one more TDR credit is available if the property is
conveyed to a public agency for long-term conservation and preserva-
tion. Thus, a five-acre parcel can have up to four TDR credits.
The TDR program identifies approximately 28,000 acres of land with
less environmental value as receiving areas, 14,000 acres of which are
1 Partial credits are allocated for the portion of the parcel over five acres. In
addition, legally non-conforming parcels less than five acres in size are allo-
cated TDR credits as though they contained five acres.
vacant. Generally, land in receiving areas is limited to one dwelling unit
per five acres. However, property owners in the receiving area can de-
velop one additional single-family detached housing unit for each TDR
credit they purchase from a sending area or one additional multifamily
dwelling unit for each 0.75 TDR credits purchased.
Collier County’s RFMUD TDR Program is nationally regarded as a TDR
success story. However, since the 2008–09 recession, the use of TDRs
has slowed greatly. The restudy is, in part, a response to the changes
in the real estate development market since the recession.
Purpose and Intent
The purpose of this report is to analyze the current supply and demand
for TDRs in the RFMUD and to evaluate several proposed modifications
to the program in relation to supply and demand. The report is intended
to support public discussion and decision-making for the proposed
modifications. Under a separate study, the county is evaluating the po-
tential to establish a TDR bank. This report is also intended to inform
the TDR bank analysis.
Introduction
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Time Frame
With over 14,000 acres of development potential in the receiving areas,
buildout will most likely be a matter of decades. This report does not
limit itself to immediate market demand and remains cognizant that
there will undoubtedly be significant and possibly unexpected shifts in
residential market preferences over the coming decades.
The Baby Boom generation spans 20 years and only started entering
retirement age in 2010, after the recession. The Millennial generation,
larger than the Baby Boom, is just now entering the household-forming
and family-forming stages of life. Some survey data suggest that these
demographic groups may have different housing and neighborhood
preferences than did previous generations at these stages of life.
Report Organization
The first part of the report analyzes the demand for TDR credits. The
second part analyzes the supply and the relationship of supply to de-
mand.
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Receiving Area Analysis
The receiving area analysis quantifies the number of TDRs needed to
build out each of the receiving areas and, importantly, the total dollar
amount that is financially feasible for new development to pay to ac-
quire TDRs. The three main factors influencing financial feasibility are
the cost of purchasing land, the cost of construction, and the sales price
or rents the developer will earn. A myriad of other factors affect financial
feasibility to a lesser degree.
Financial Feasibility
Generally
Developer View of Financial Feasibility
In a typical development project, the developer seeking entitlement and
permits (i.e., the individual staff sees as the face of the project) provides
a small part of the needed equity investment. A wealthy individual may
provide the majority of equity on smaller projects; on larger projects, the
majority of investment may come from a group of investors, institutional
investors (such as insurance or pension funds), or real estate invest-
ment trusts. Obtaining the equity investment is never automatic. The
developer must convince these potential partners to invest in the pro-
ject.
For a conventional development project, these investors will likely ex-
pect a minimum return on their investment of about a 15 percent IRR
(internal rate of return). For riskier projects, the developer must provide
a higher return. Some characteristics that can necessitate a higher re-
turn include:
+ New product types in a market (such as the first vertical mixed-use
building in an area)
+ Discretionary permitting (which may be perceived as something
that will depend on public mood)
+ Length of the entitlement process (the longer the time frame, the
more chances for market or political conditions to change)
+ Projects in jurisdictions perceived to have an unstable political en-
vironment (different votes on similar projects or active litigious citi-
zen groups)
For the purposes of this report, the analysis assumes that the types of
development analyzed would require a typical 15 percent IRR.
Financing and IRR
The investor’s return is measured against the amount of investment and
the amount of time for the investment and profit to be returned. The
amount of financing in the project does not directly affect the IRR, ex-
cept as it affects the total amount of equity required and the total
amount returned to the investors.
The construction loan may have a rate of about 7 percent, depending
on the loan fees and other terms of the loan. Using financing for more
Receiving Area Analysis
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of the total development costs reduces the total equity required and
improves the IRR the investors will realize.
However, the developer usually cannot get the construction loan with-
out entitlement and control of the land. Every expense before that is
paid with equity investment. Most expenses after that are paid with
borrowed money. For a typical development project, the developer may
be able to finance one-half of the land acquisition cost and use the
equity investment for the other half. For the site work, construction, and
other soft costs after entitlement, about 84 percent of costs are covered
with borrowed money
Residual Land Value
The financial feasibility of a development project is determined through
a pro forma analysis. A pro forma is simply a spreadsheet. Expected
development costs, revenues, and financing assumptions are entered,
and then the spreadsheet determines how much the developer can af-
ford to pay for the land and still achieve a target IRR. This amount is
the residual land value. When the residual land value is greater than
the land costs, the project is financially feasible. When the residual land
value is less than the land costs, the project is not financially feasible,
and the developer could not afford to purchase the land.
The two key determinants of residual land value are the allowable
amount of development and the rents or sales value new development
will generate. Increasing the allowable development densities and in-
tensities has no effect if prevailing rents and sales values cannot cover
the cost of construction. Similarly, high per-square-foot rents and sales
values have no effect if a site cannot be developed with enough floor
space to cover the cost of land acquisition.
Pro Forma Assumptions
Construction Loan
The pro forma model assumes that a construction loan, with a 7.1 per-
cent rate, would cover 50 percent of the land acquisition costs and 84
percent of the construction cost, based on information from real-
tyrates.com.
Permanent Loan and Sale of Rental Product
The pro forma model assumes that the for-rent products would be
leased by the developer for five years and then sold. The pro forma
model assumes that the permanent loan, which pays off the construc-
tion loan and covers the five-year period until the product is sold, would
have a rate of 5.1 percent and a term of 25 years, based on information
from realtyrates.com.
The pro forma model assumes that the revenue from the sale of the
rental product would be the expected net operating income in the first
year after the sale, divided by a capitalization rate of 9.2 percent, less
selling expenses of 6 percent. The net sales proceeds are based on a
15 percent tax on capital gains, 25 percent tax on accumulated depre-
ciation, and payoff of the permanent loan. The debt service coverage
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ratio for the permanent loan is assumed at 1.41, based on information
from realtyrates.com.
Timeline
The pro forma model uses a simplified timeline. It assumes that site
work would begin on the day after closing on the land acquisition. There
would be 3 months of site work followed by 9 months of construction.
After construction, for-sale products would sell in three equal amounts
of the next 3 months, and for-rent products would be fully leased upon
completion.
This schedule would be ambitious even for a small project. In reality,
buildout of each receiving area would likely take at least a decade, if
not several decades. Furthermore, it will likely be several years before
development of a single receiving area begins in earnest. Modeling such
a long, complex development scheme involving many different devel-
opers and projects would require a range of assumptions that would not
be any more realistic than the simplified timeline used in this analysis.
Revenue Assumptions
The pro forma model assumes a vacancy and operations allowance of
10 percent for residential and retail products and 12.5 percent for busi-
ness campus development. Retail lease rate is assumed at $13.50 per
square foot per year based on a survey of asking lease rates. Residential
leasing rates are based on a model of asking lease rates by unit size
and number of bedrooms and assume a 15 percent premium for a new
product. The model assumes a 3 percent per year escalation in rents.
Sales values for residential units are based on an analysis of housing
sales data in zip codes 34120 and 34117.
Cost Assumptions
Table 1 provides the general construction cost assumptions used in the
pro forma. In addition, the model assumes soft costs at 15 percent of
hard costs. It also assumes a 3 percent land acquisition cost for due
diligence. The pro forma model assumes that any demolition costs
Table 1: Construction Cost Assumptions
Site Work
Site prep $2.50 / sq. ft.
Landscaping and open space amen-
ities $2.50 / sq. ft.
Onsite Infrastructure
Water and sewer $225 / linear foot
Well and septic allowance $10,000
Roadways $10 / sq. ft.
Construction
Single-family detached $75 to $90 / sq. ft.
Single-family attached $106 / sq. ft.
Multifamily apartments and condos $110 / sq. ft.
Stand-alone retail/commercial $100 / sq. ft.
Business campus $135 / sq. ft.
Residential-over-retail mixed use $140 / sq. ft.
Source: PlaceWorks, 2016.
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would be negligible. Finally, the model assumes a $10,000 allowance
per unit for development impact fees.
Workforce Housing
The analysis assumes that 10 percent of the housing stock will be built
for and occupied by low- and moderate-income households. These
housing units are a mix of townhouse and apartments. The construction
costs for workforce housing units average about 8 percent lower than
the market rate units. The rents vary on unit size and the expected
household size. On average, though, the workforce housing unit rents
are about 49 percent of the market rate rents.
Development Types
The pro forma model analyzes three development types. Table 2 sum-
marizes the acreage of each development type in each receiving area.
Clustered Single-Family Detached. Clustered single-family detached de-
velopments are a mix of housing and lot sizes. The specific mix depends
on the planned density, which varies with each development scenario.
Village. The village developments provide a mix of smaller-lot single-
family detached housing, townhouses, condos, and apartments. The
specific mix depends on the planned density, which varies with each
development scenario.
Single-Family Large Lot. The model assumes that a small portion of
each receiving area would be developed for large-lot single-family de-
tached housing. These areas would be developed at a density of one
unit per five acres and therefore would not require TDRs.
Table 2: Acreage by Receiving Area and Development Type
Development Type North West Belle Meade South
Clustered 422 324 720
Village 2,570 2,630 6,090
SF Large Lot 160 634 969
Total Area 2,570 583 3,590 7,780
Source: PlaceWorks, 2016.
Development Scenarios
The pro forma model evaluates three development scenarios:
Baseline Scenario. Under the baseline scenario, clustered develop-
ments would be built out at a density of one unit per acre and villages
would achieve a density of three units per acre.
Mid-Range Scenario. Under the mid-range scenario, clustered develop-
ments would be built out at a density of two units per acre and villages
would achieve a density of four units per acre.
High-Range Scenario. Under the high-range scenario, clustered devel-
opments would be built out at a density of two units per acre and vil-
lages would achieve a density of seven units per acre.
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Development Potential
This section describes the amount of development that could occur un-
der each of the development scenarios. The development program laid
out for each scenario is specifically intended to maximize the develop-
ment potential in order to quantify the potential theoretical demand for
TDRs. In actual practice, the receiving areas may not buildout at the
maximum densities, and not all property owners will necessarily choose
to develop or sell their land for development. Nevertheless, it is im-
portant to estimate the potential theoretical demand for TDRs to provide
an understanding of the balance between TDR supply and demand.
The development potential covers over 14,000 acres across the four
receiving areas. Needless to say, the buildout of these areas would oc-
cur over decades. It is reasonable to expect market demand and hous-
ing preferences to change over this time-frame. Some of the housing
products included in the development potential may satisfy present-day
market demand and other products may rely on future changes in mar-
ket demand.
Finally, these scenarios do not reflect changes to the underlying zoning
requirements in the Rural Fringe Mixed-Use District. These scenarios
are intended to illustrate how possible refinements to the TDR program,
such as reductions in the number of TDRs required for higher-density
villages or reductions in the developer’s cost for TDRs, might result in
different development patterns and residential densities. The incentive
to developers can be seen in the residual land value for each develop-
ment scenario. In addition, the total development investment identified
for each scenario is indicative of the property tax base that would gen-
erate property tax revenues for Collier County.
Baseline Scenario
Table 3 on page 9 summarizes the development potential under the
baseline scenario. The four receiving areas could be developed with
35,700 housing units. Of these, 27,400, or 76.6 percent, would be
single-family detached houses. Of the total number of housing units,
3,400, or about 10 percent, would be affordable workforce housing.
The gross density across the four receiving areas would be 2.5 units
per acre.
The average residual land value across the four receiving areas would
be $71,000 per acre. Among the receiving areas, the average residual
land value would range from a low of $28,700 in the West receiving
area to a high of $86,100 in the North receiving area. However, this
result is not surprising because the West receiving area, with only clus-
tered single-family detached development, would be the least dense,
and the North receiving area, with only village development, would be
the highest density.
The total amount of development investment across the four receiving
areas would be $11.3 billion at full buildout. The investment among
the receiving areas would range from a low of $209 million in the West
receiving area to a high of $6.1 billion in the South receiving area. This
result is also not surprising, because the West receiving area has al-
ready been substantially developed and there is the least amount of
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land area remaining to be developed. Similarly, the South receiving area
is the largest of the four and has more than half of the land area to be
developed across all four areas.
Mid-Range Scenario
Table 4 on page 10 summarizes the development potential under the
mid-range scenario. Under this scenario, the total number of housing
units would increase by 12,800, or 36 percent over the baseline sce-
nario. The number of single-family detached housing units would in-
crease by 1,400, and single-family detached housing would account
for 59 percent of the total housing. The majority of the increase would
come from multifamily housing, with 3,660 more condos and 5,460
more apartments. The gross density across all four receiving areas
would be 3.3 dwelling units per acre.
With the mid-range scenario, the average residual land value across the
four receiving areas increases to $98,300 per acre. The increase in
density—more housing units on the same acreage of land—drives the
increased in residual land value.
Similarly, the increased number of housing units drives the increase in
the total amount of development investment. Under the mid-range sce-
nario, the total development investment would be $13.9 billion at
buildout. This is an increase of $2.6 billion, or 23 percent, over the
baseline scenario.
High-Range Scenario
Table 5 on page 11 summarizes the development potential under the
high-range scenario. The total number of housing units would increase
to 82.400, 70 percent more than in the mid-range scenario and 131
percent over the baseline scenario. The total number of single-family
detached housing units would increase to 38,900, but because there
is substantially more housing among the other types, single-family de-
tached housing would account for only 47 percent of the total housing
stock. There would be 8,150 single-family attached townhouses, 10
percent of the total housing. Multifamily housing—15,010 condos and
20,330 apartments—would account for 43 percent of the total hous-
ing. Across the four receiving areas, the gross density would be 5.7
dwelling units per acre.
With the increase density of development, the average residual land
value under the high-range scenario rises to $150,600 per acre. This
is 53 percent higher than the mid-range scenario and 112 percent
higher than the baseline scenario. The total development investment
would be 19.8 billion, which is 42 percent more than under the mid-
range scenario and 75 percent more than the baseline scenario.
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Table 3: Development Program by Receiving Area, Baseline Scenario
Total North Receiving Area West Receiving Area Belle Meade Receiving
Area South Receiving Area
Number of Housing Units
Single-family detached 27,400 5,830 450 6,400 14,690
Single-family attached 2,880 660 0 670 1,550
Condominiums 1,600 360 0 370 860
Multifamily 3,860 880 0 900 2,090
Total number of housing units 35,700 7,720 450 8,340 19,200
Gross density (du/acre) 2.5 3.0 0.8 2.3 2.5
Number of workforce housing units 3,400 770 0 790 1,830
Share of total number of housing units 10% 10% 0% 9% 10%
Roadways (CL miles) 250 50 6 59 134
Stormwater management / open space (acres) 3,578 605 160 897 1,915
Share of site area 26% 24% 28% 25% 25%
Average residual land value ($/acre) 71,000 86,100 28,700 66,600 71,200
Total development investment ($) 11,334,000,000 2,389,000,000 209,000,000 2,657,000,000 6,079,000,000
Source: PlaceWorks, 2016.
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Table 4: Development Program by Receiving Area, Mid-Range Scenario
Total North Receiving Area West Receiving Area Belle Meade Receiving
Area South Receiving Area
Number of Housing Units
Single-family detached 28,800 5,820 880 6,730 15,420
Single-family attached 5,060 1,150 0 1,180 2,730
Condominiums 5,260 1,200 0 1,220 2,830
Multifamily 9,320 2,120 0 2,170 5,030
Total number of housing units 48,500 10,300 880 11,300 26,010
Gross density (du/acre) 3.3 4.0 1.5 3.1 3.3
Number of workforce housing units 4,500 1,030 0 1,050 2,420
Share of total number of housing units 9% 10% 0% 9% 9%
Roadways (CL miles) 268 52 9 63 143
Stormwater management / open space (acres) 3,506 601 145 881 1,879
Share of site area 26% 23% 25% 25% 24%
Average residual land value ($/acre) 98,300 116,700 54,500 92,200 98,400
Total development investment ($) 13,931,000,000 2,847,000,000 376,000,000 3,255,000,000 7,453,000,000
Source: PlaceWorks, 2016.
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Table 5: Development Program by Receiving Area, High-Range Scenario
Total North Receiving Area West Receiving Area Belle Meade Receiving
Area South Receiving Area
Number of Housing Units
Single-family detached 38,900 8,110 880 9,070 20,840
Single-family attached 8,150 1,860 0 1,900 4,400
Condominiums 15,010 3,420 0 3,490 8,100
Multifamily 20,330 4,630 0 4,730 10,970
Total number of housing units 82,400 18,020 880 19,190 44,300
Gross density (du/acre) 5.7 7.0 1.5 5.3 5.7
Number of workforce housing units 7,910 1,800 0 1,840 4,270
Share of total number of housing units 10% 10% 0% 10% 10%
Roadways (CL miles) 310 62 9 73 166
Stormwater management / open space (acres) 3,385 574 145 852 1,813
Share of site area 25% 22% 25% 24% 23%
Average residual land value ($/acre) 150,600 185,300 54,500 140,900 150,800
Total development investment ($) 19,820,000,000 4,192,000,000 376,000,000 4,625,000,000 10,628,000,000
Source: PlaceWorks, 2016.
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TDR Demand
TDR credits are required for each dwelling unit above a density of one
unit per five acres. One full credit is required for single-family detached
dwelling, and 0.75 TDR credits is required for each single-family at-
tached dwelling and each multifamily unit. The total number of TDR
credits required for a development is reduced by one for each affordable
housing unit and reduced by one for each unit above a density of four
units per acre. Table 6 provides the number of TDR credits required for
each receiving area under each development scenario.
With the least amount of development, the baseline scenario results in
the lowest demand for TDR credits. The high-range scenario has the
largest amount of development. Because many of the additional hous-
ing units are in village developments with seven units per acre, though,
it requires substantially fewer TDR credits than the mid-range scenario
and only slightly more credits than the baseline scenario.
Because the number of TDR credits is based on the amount of devel-
opment in each development scenario, the cost for each TDR credit has
a direct relationship to financial feasibility. One option the county is
considering would seek a lower average price per TDR accompanied by
an increase in the number of credits allocated to sending area property
owners. The next chapter explores the impact of such a change on the
supply of TDR credits. Table 7 shows the potential impact on the re-
ceiving areas.
With a reduction in the average cost to acquire TDR credits from
$13,500 to $10,000, the total amount that would be used to purchase
TDRs would decline by nearly $100 million in the baseline scenario,
$130 million in the mid-range scenario, and slightly more than $100
million in the high-range scenario. With the reduction in cost for TDR
credits, the average residual land value would increase by $6,700 un-
der the baseline scenario, $8,900 for the mid-range scenario, and
$7,000 for the high-range scenario.
With a reduction in the average cost per TDR credit, fewer dollars would
be required for receiving area projects, and the financially feasibility of
development projects would be improved. It is worth stating again that
the development scenarios are not zoning requirements. Rather, they
illustrate different levels of density and development intensity that could
occur in response to the TDR program requirements. Lower residual
land values indicate that developers are less likely to develop projects
Table 6: Number of TDR Credits Required by Receiving Area and by
Development Scenario
Receiving Area Baseline
Scenario
Mid-Range
Scenario
High-Range
Scenario
North 6,150 7,890 5,950
West 340 760 760
Belle Meade 6,550 8,650 6,680
South 15,140 19,990 15,380
Total Demand for TDR
Credits 28,200 37,300 28,800
Source: PlaceWorks, 2016.
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at the higher density and intensities, and higher residual land values
indicate that developers are more likely. Thus, with lower residual land
values fewer developers may develop projects that require TDRs or may
develop projects that require fewer TDR credits, with the result that less
money gets transferred from receiving areas to sending areas.
Table 7: Cost to Acquire TDR Credits and Resulting Residual Land
Value by Development Scenario Baseline
Scenario
Mid-Range
Scenario
High-Range
Scenario
Total Demand for TDR
Credits 28,200 37,300 28,800
Average Cost per TDR Credit: $10,000
Cost for TDR Acquisition $281,800,000 $372,900,000 $287,700,000
Average Residual Land Value $71,000 $98,400 $150,600
Average Cost per TDR Credit: $13,500
Cost for TDR Acquisition $380,400,000 $503,400,000 $388,300,000
Average Residual Land Value $64,300 $89,400 $143,600
Source: PlaceWorks, 2016.
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Sending Area Analysis
The sending area analysis estimates the current theoretical supply of
TDRs that have not yet been severed from sending area properties.
Based on the average sales price of TDRs and the average sales price
per acre for unimproved parcels of land in each of the sending areas
over a three-year period, the analysis estimates the percentage of prop-
erty owners who would likely be willing to sell TDR credits.
Theoretical supply and likely supply are distinct but important terms.
The theoretical supply is the number of TDR credits there would be if
every sending area property owner who has not already severed TDR
credits were to sever every possible TDR they could. However, not every
owner will sever credits. The likely supply is the number of credits that
would be available based on a percentage of sending-area property
owners participating in the program under a set of assumptions de-
scribed in this chapter.
As the analysis presented in this chapter shows, the likely supply of
TDR credits in the sending area is substantially below the demand for
TDR credits identified in the previous chapter. The remainder of the
chapter explores various ways to increase the supply of TDR credits.
Current TDR Supply
Theoretical Supply
The theoretical supply is based on the current allocation of TDR credits.
For each five acres and for each legally conforming parcel less than five
acres, there is one base credit and one early-entry credit, plus one po-
tential restoration and maintenance credit and one potential convey-
ance credit. The current theoretical supply is the number of TDR credits
that could exist if each of these credits were applied to every eligible
parcel that has not already severed TDR credits.
Table 8 on the following page provides the current theoretical supply of
TDR credits for each sending area. The data for potential R&M credits
and potential conveyance credits reflect the outstanding credits poten-
tially available to parcels for which the base credit and early entry cred-
its have been severed. Non-participating parcel credits reflect the four
total credits that could be allocated to every other parcel that has not
yet participated in the TDR program.
The current theoretical supply is 9,530 TDR credits. This is substan-
tially less than even the lowest estimated demand, 28,200 under the
baseline scenario.
Sending Area Analysis
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Likely Supply Assumptions
The model for the likely supply of TDRs is based on the net value to a
sending area property owner of selling all available TDR credits versus
the value of selling the property outright.
The model uses sales of unimproved agricultural and vacant land in
each of the sending areas. Using the average sales price per acre and
the standard deviation over the past three years, the analysis creates a
normal distribution curve to model the sales price in each sending area.
For a particular sales value, the model determine what percentage of
properties would sell at or below that priced per acre.
In South Belle Meade, for example, the average sales price is $8,740
per acre and the standard deviation is $5,935. The normal distribution
for these values suggests that two-thirds of property transactions would
sell at or below $11,300 per acre. There were too few sales in the
North sending area, so the model uses the data for North Belle Meade–
NRPA to estimate the sales values for the North area. The average sales
price in the North Belle Meade–NRPA sending area is $3,970 per acre
and is $22,360 in the North Belle Meade–West sending area.
The value of severing and selling TDR credits is based on the following
assumptions:
+ The average sales value per TDR credit is $13,500 with four
credits for an eligible five-acre parcel
Table 8: Current Theoretical TDR Credit Supply by Sending Area,
2016
South Belle Meade
Potential R&M credits 90
Potential conveyance credits 580
Non-participating parcel credits 2,020
Subtotal 2,700
North Belle Meade-NRPA
Potential R&M credits 190
Potential conveyance credits 230
Non-participating parcel credits 3,190
Subtotal 3,610
North Belle Meade-West
Potential R&M credits 3
Potential conveyance credits 3
Non-participating parcel credits 2,540
Subtotal 2,550
North
Potential R&M credits 120
Potential conveyance credits 120
Non-participating parcel credits 440
Subtotal 680
Total 9,530
Source: PlaceWorks, 2016, using data from Collier County.
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+ The property owner incurs a cost of 3 percent of gross sales
value for legal and other sales costs
+ In the South Belle Meade sending area, property owners incur
a cost of $2,500 per acre for restoration and conveyance to the
Florida Forest Service
+ In other sending areas, property owners incur a cost of $2,000
per acre for up-front restoration cost and $1,050 per acre for
long-term maintenance as part of conveying the property to a
conservation or similar organization
Table 9 provides the average sales value per acre in each sending area,
the net value per acre property would realize from selling TDR credits,
and the likely percentage of property owners that would sever and sell
their TDR credits under the current TDR program standards. The net
TDR sales value per acre in the South Belle Meade sending area is
slightly higher than in the other sending areas because the cost to con-
vey property to the Florida Forest Service is lower than the estimated
cost to convey property to a conservation or similar organization in the
other areas.
Likely Supply
Table 10 combines data from Table 8 and Table 9 to estimate the likely
supply of TDR credits under the current TDR program. Neither the likely
supply, 6,420 TDR credits, nor the theoretical supply, 9,530 credits,
is anywhere close to the estimated potential demand of 28,000 to
37,000 TDR credits. Thus, modifications to the TDR program are war-
ranted if it is to support the planned development of the Rural Fringe
Mixed-Use District.
Table 9: Likely Percentage Participation in TDR Program Under
Current Standards, 2016
Sending Area Average Sales
Value per Acre
Net TDR Sales
Value per Acre
Portion of
Sales at or
Below TDR
Sales Value
South Belle Meade 8,740 7,980 45%
North Belle Meade-NRPA 3,440 7,430 100%
North Belle Meade-West 22,360 7,430 36%
North 3,440 7,430 100%
Source: PlaceWorks, 2016, using sales data from Collier County.
Table 10: Estimate of Current Likely Supply of TDR Credits, 2016
Sending Area
Current
Theoretical
Supply
Estimated
Percentage
Participation
Current Likely
Supply
South Belle Meade 2,700 45% 1,210
North Belle Meade-NRPA 3,610 100% 3,600
North Belle Meade-West 2,550 36% 930
North 680 100% 680
Total 9,530 67% 6,420
Source: PlaceWorks, 2016, using sales data from Collier County.
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TDR Program Modifications
Based on the demonstrated differences between the supply and de-
mand for TDR credits and the input received from a series of public
workshops in the first part of 2016, a number of possible modifications
could reduce the discrepancy between the supply and demand.
Increase the Number of TDR Credit
The most direct approach is to simply allocate more TDR credits to
sending area properties. To equalize the theoretical supply and demand
of TDR credits would require adding from 5.85 credits under the base-
line scenario to 8.90 credits under the mid-range scenario for each five-
acre parcel. Even with these additional credits, the likely supply would
still range from 80 to 84 percent of the theoretical supply. There will be
some property owners who prefer to retain ownership and the current
use of their property rather than selling the TDR credits.
The final supply and demand model assumes that four additional TDR
credits will be added to the four existing TDR credits available to each
five-acre parcel. In addition, the model assumes that two credits are
also added to those parcels that have severed and sold some credits
(the base credit and the early entry credit) but that still retain the po-
tential R&M credit and the conveyance credit. In total, the number of
new TDR credits added to the theoretical supply is more than 10,000,
which is more than double the theoretical supply under the current TDR
program.
Institute Neutral and Receiving Credits
The model assumes that 1,000 neutral TDR credits would be made
available. These are credits that developers could obtain by providing
public benefits in neutral and receiving area development projects.
Golden Gate Estates
A fairly insignificant number of TDR credits, 200 to 400, could be made
available to aid in the conservation of sensitive lands in Golden Gate
Estates. This would be one to two percent of the total number of theo-
retical credits, which should minimize any impact to the marketability
of sending area TDR credits.
Credits for Conveyance to County
One of the challenges to the TDR program is finding an agency or con-
servation organization to whom property can be conveyed and who can
maintain property after TDRs are severed. This applies in areas where
the property cannot be conveyed to the Florida Forestry Service.
One solution, which the county is exploring, would allocate one addi-
tional TDR credit in the sending areas. When the other TDRs are sev-
ered and the property is conveyed to the county or another organization,
this additional credit could also be sold. However, the funds generated
by the sale of this final TDR credit would go to the county or other
organization to help offset the costs of long-term maintenance of the
property.
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Price Change
The final possible change explored in the supply and demand model is
a lower price per TDR. Currently, the average price of TDR credits is
$13,500. For a five-acre parcel, the current allocation of four potential
credits could result in a total TDR value of $10,800 per acre, before
accounting for costs for restoration and conveyance. With an increase
to eight TDR credits, the free market would likely respond by lowering
the average price. With eight credits and a reduction in price to
$10,000, the total TDR value increases 48 percent to $16,000 per
acre.
The lower the price would help ensure that the higher density develop-
ment patterns that the county desires for the RFMUD are financially
feasible. If large swaths of the RFMUD are not financially feasible to
develop at these densities, then no development or lower density devel-
opment will occur, resulting in decreases in the demand for TDR cred-
its. The number of credits allocated and the price become immaterial if
developers do not seek to buy TDR credits in the first place. As shown
in Table 7 on page 13, the residual land values resulting from a
$10,000 TDR price should be an effective incentive to induce develop-
ers to construct the higher density types of development.
Proposed TDR Supply
Table 11 shows the theoretical and likely TDR supply by sending area
if the modifications described in the previous section were imple-
mented. The theoretical supply would increase from 9,530 to 20,520,
115 percent more credits. Finally, the likely supply would increase from
6,420 to 16,420, 156 percent more credits.
The overall participation rate would increase from 67 percent to 80
percent. This is important because it means that a larger share of send-
ing area property would be conserved.
Final TDR Supply and Demand
The potential demand for TDRs—28,200 to 37,300, depending on the
development scenario—would still exceed the likely supply of 16,420
and even the theoretical supply of 20,510 credits. Figure 6 shows the
difference between the projected demand and the proposed theoretical
and likely supply of TDR credits. The theoretical supply equals 78.7
percent of the high-range scenario buildout demand.
Table 11: Proposed Theoretical and Likely Supply of TDR Credits by
Sending Area, 2016
Sending Area Theoretical
Supply
Estimated
Percentage
Participation
Likely Supply
South Belle Meade 5,720 76% 4,710
North Belle Meade-NRPA 7,640 100% 7,850
North Belle Meade-West 5,730 41% 2,350
North 1,230 100% 1,350
Golden Gate Estate 200 85% 170
Total 20,520 80% 16,420
Source: PlaceWorks, 2016, using sales data from Collier County.
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A goal of the TDR program is to maintain an excess of demand over
supply in order to incentivize receiving area property owners and devel-
opers to purchase TDR credits sooner rather than later. This excess de-
mand should also provide upward pressure to support the sales price
of TDR credits.
Figure 6: Proposed Supply and Buildout Demand for TDR Credits by
Development Scenario
Source: PlaceWorks, 2016.
0
10,000
20,000
30,000
40,000
Baseline Mid Range High Range
Likely Supply Theoretical Supply Potential Demand
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Page A-22 Project Name | Report Title
Orange County • Northern California • Los Angeles • Inland Empire • San Diego
3 MacArthur Place | Santa Ana CA 92707 | 714.966.9220 | www.placeworks.com
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9.A.9Packet Pg. 150Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.9Packet Pg. 151Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.9Packet Pg. 152Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.9Packet Pg. 153Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.9Packet Pg. 154Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.9Packet Pg. 155Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.9Packet Pg. 156Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.9Packet Pg. 157Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.9Packet Pg. 158Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.9Packet Pg. 159Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.9Packet Pg. 160Attachment: 07. Attachment E Minutes of the Collier County Board of County Commissioners Workshop, dated June 20, 2017 (21721 : Rural
9.A.10Packet Pg. 161Attachment: 08. Attachment F RFMUD Executive Summary, dated September 25, 2018 (21721 : Rural Fringe Mixed Use District Restudy
9.A.10Packet Pg. 162Attachment: 08. Attachment F RFMUD Executive Summary, dated September 25, 2018 (21721 : Rural Fringe Mixed Use District Restudy
9.A.11Packet Pg. 163Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 164Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 165Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 166Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 167Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 168Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 169Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 170Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 171Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 172Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 173Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 174Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 175Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.11Packet Pg. 176Attachment: 09. Attachment G Stakeholder Comments (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.12Packet Pg. 177Attachment: 10. Attachment H Countywide FLUM (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.13Packet Pg. 178Attachment: 11. Attachment I Belle Meade Hydrologic Enhancement Overlay Maps (21721 : Rural Fringe Mixed Use District Restudy
9.A.13Packet Pg. 179Attachment: 11. Attachment I Belle Meade Hydrologic Enhancement Overlay Maps (21721 : Rural Fringe Mixed Use District Restudy
February 16, 2022
Michael Bosi, AICP, Zoning Director
C. James Sabo, AICP, Comprehensive Planning Manager
Collier County Growth Management
2800 North Horseshoe Drive
Naples FL 34114
Re: Rural Fringe Mixed Use District (RFMUD) Restudy – Proposed FLUE Changes
HM File. 2021.028
Gentlemen:
On behalf of several clients who are landowners within the RFMUD, please see the information provided
below and attached documents, with recommendations for your consideration.
Background:
The RFMUD Restudy was directed by the BCC in early 2015, after a White Paper, entitled Report on the
Rural Fringe Mixed Use District – Recommendations for Programmatic Changes, was presented to the
BCC on behalf of a coalition of RFMUD landowners. Now, some 7 years later, in 2022, the RFMUD
Restudy (“Restudy”) considerations are finally being considered by the BCC.
On December 14, 2021, the BCC continued the presentation by staff on recommended changes to the
RFMUD, directed staff to conduct public outreach, and to schedule a BCC workshop on the Restudy.
There was also discussion related to recommendations for potential changes, as may be warranted, to TDR
generation rates from Sending lands. It is anticipated that staff will make a recommendation for potential
BCC workshop date(s) at the March 2022 BCC hearing.
I have previously provided staff with recommendations to the staff proposed changes and provided public
testimony regarding the same at the May 20, 2021, CCPC hearing. I have also indicated that, on behalf of
my clients, we support the proposed changes, specifically as recommended for approval by the CCPC. The
BCC Executive summary indicates that staff has incorporated the CCPC recommended changes in their
recommendation.
In addition to my previous comments and public testimony regarding the changes to the RFMUD, I offer
the following for staff consideration related to TDR generation rates (from Sending Lands).
Staff prepared a White Paper in advance of a 2017 BCC Workshop. The White Paper provided an analysis
of the number of outstanding potential TDR Credits at that time, based upon the number of privately owned
acres of Sending Lands that had not, at that time, severed TDRs form their land (see Tables below).
9.A.14
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February 16, 2022
RFMUD Restudy
FLUE Amendment Recommendations
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Source: Collier County Staff 2017 Whiter Paper
Source: Collier County Staff 2017 Whiter Paper
Source: Collier County Staff 2017 Whiter Paper
9.A.14
Packet Pg. 181 Attachment: Correspondence-Mulhere (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
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RFMUD Restudy
FLUE Amendment Recommendations
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In April of 2021, leading up to the CCPC hearing on proposed RFMUD amendments, the staff updated
the TDR information, as follows:
Source: Collier County Staff Report, April 1, 2021
Source: Collier County Staff Report, April 1, 2021
Source: Collier County Staff Report, April 1, 2021
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FLUE Amendment Recommendations
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Source: Collier County Staff Report, April 1, 2021
There are two sides to the TDR equation that must be addressed as part of this Restudy; the “Supply” side
and the “Demand” side. It is clear from actual experience in the process of entitling Receiving Lands that:
1. The currently available Conveyance TDR is not achievable in most cases;
2. Owners of smaller Sending Lands parcels, do not perceive a sufficient value to motivate them to sever
TDRs1
3. At present, there simply are not enough TDRs available in the marketplace to entitle the remaining
Receiving Lands;
4. Given the current market price for TDRs of +/- $15,000 per TDR, the lack of readily available TDRs
for purchase, the additional cost for development in most of the remaining RFMUD vacant lands, and
the current maximum allowable density of 1.0 DU per acre on Non-Village Receiving Lands, there
simply is not sufficient market attraction as the cost to develop is greater than the potential return.
The Supply side should be addressed by increasing the number of TDRs that can be generated from Sending
Lands. Doing so will increase the return to the Sending Landowner, creating a much greater incentive to
sever TDRs.2
The effect of this increase, on the Demand side, will be to reduce the per TDR market price (simply by
having more TDRs available for purchase), and to increase the market attraction to acquire TDRs for use
in Receiving areas.
1 For example, severing the base TDRs (now recommended by staff to be 0.4 TDRs per 5 acres) and obtaining the one (1) Environmental
Restoration and Maintenance TDR Bonus Credit (0.2 TDRs per 5 acres) yields 3 TDRs. At current estimated market price of $15,000 per
TDR, that is $45,000. However, after subtracting the cost of the process, and the exotic removal and ongoing responsibility to maintain
the land exotic free (estimated at $10,000), the actual return to the Sending Land parcel owner for serving these TDRs is maybe $35,000,
at best.
2 For Example, if the owner of a 5 acres Sending Land parcel can generate 6 TDRs from that parcel (2 base TDRs and 3 Environmental
Restoration and Maintenance TDR Bonus Credits, will yield $62,500 at $12,500 per credit). Even after assuming a cost of $10,000 to go
through the severance process and to remove exotics (the return to the Send Landowner $52,500 significantly higher than the current
potential return.
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FLUE Amendment Recommendations
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One of the major policy objective (of the TDR program) was to compensate Sending Land owners for the
lost value they incurred when the adopted RFMUD program was adopted.3 Adjusting the program to
increase the number of TDRs that can be generated from Sending Lands will increase the number readily
available in the marketplace and reduce the per TDR cost, while providing a greater return to Sending Land
owners, ultimately furthering the policy objective of compensating Sending Land owners for lost value.
The exhibit below identifies the Receiving Areas numerically (labeled 1 through 4 for ease of reference).
Excerpt from Collier County FLUM - RFMUD Designated Lands
Receiving Area 1 (the northern most Receiving area), consisting of 1998 acres, is included in its entirety in
proposed Immokalee Road Rural Village (IRRV) MPUD. Assuming IRRV MPUD is approved, the
property owner will need to acquire some 1,137 TDRs from Sending Lands outside of the proposed MPUD.
Receiving Area 2 is, for the most part, developed. Given the development pattern, a Rural Village cannot
be developed in this area. There are approximately 788 acres of land that could be aggregated in some
fashion, to be developed under the Non-Village scenario. At a max density of 1.0 DUs per acre, that would
require 630.4 TDRs. At a maximum allowable density of 2.0 DUs per acre for Non-Village development
(as recommended by staff) that would require 1,418.4 TDRs.
Receiving Areas 3 (North Belle Meade) and 4 (Belle Meade) are largely undeveloped, with significant
active agriculture and mining use. Receiving Area 3 (North Belle Meade) may include a Village of up to
1,500 acres. Staff analysis indicates that, assuming a 1,500-acre Village is developed, that leaves 1,839
acres of undeveloped Non-Village Receiving Land. Area 3 includes an additional 578 acres of land to be
designated Receiving on the County-owned Hussey Settlement Property. It is unclear if the additional 578
3 The density on Sending Lands was reduced from 1 unit per 5 acres to 1 unit per 40 acres. The permitted uses on Sending Lands were
significantly limited, and even more so for Sending Lands within a Natural Resource Protection Area (NRPA). The required nati ve vegetation
retention was increased to 80% (and 90% with a NRPA).
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acres of Receiving was factored into the staff’s analysis. Assuming a 1500-acre Village is developed, the
remainder of Non-Village Receiving Land would be 2,417 acres (inclusive of the additional 578 acres of
Receiving Lands from the Hussey Settlement). That Non-Village acreage will require 1,933.6 TDRs at a
density of 1.0 DUs per acre. The 1,500-acre Village would require 1275 TDRs at 2.0 DUs per acre and
2,025 TDRs at 3.0 DUs per acre. 4
Receiving Area 4 (Bell Meade) is the largest of all the Receiving Areas containing approximately 6,691
acres of land, according to staff’s Table 1 TDR Demand Potential. Receiving Area 4 (Belle Meade) may
include a Village of up to 2,500 acres. Assuming 2,500-acre Village is developed, that would require 2,100
TDRs at 2.0 DUs per acre and 3,350 TDRs at 3.0 DUs per acre. The remaining 4,101 acres of Non-Village
land would require 3,280.8 TDRs.
Based upon above assumptions, there are approximately 13,656 acres of undeveloped Receiving Lands.
Removing the 1,998 acres of IRRV MPUD Receiving Lands, that leaves approximately 11,658
undeveloped acres. The Table (TDR Demand Scenarios) provides the estimated TDR demand to entitle
the remaining undeveloped Receiving Lands at a low and at a high range, assuming 4,000 acres of future
Rural Village at both 2.0 DUs per acre and 3.0 DUs per acre, and for the remaining undeveloped Non-
Village Receiving Lands, a TDR Demand at a density of 1.0 DU per acre and at 2.0 DUs per acre.
TDR Demand Scenarios (1-23-2022)
Based upon the April 2021 Staff Report. Table 2.2 (Total TDR Supply and Demand), there is a deficit of
+/- 3,118 TDRs (assuming a 60% utilization rate). The changes recommended herein to effectively double
the reasonably achievable TDR generation rate from 3 per 5 acres of Sending to 6 per 5 acres of Sending,
4 1 Rural Village Bonus Credit is granted for each TDR acquired. Villages are required to provide 0.2 units per acre of affordable housing and
receive 0.5 bonus units for each affordable housing unit provided. The formula is as follows.
In the case of a 1,500-acre Village in Receiving Area 3 (North Belle Meade):
1,500 x 2.0 = 3,000 DUs
3,000 - Minus the based density of 0.2 DUs per acre (300 DUs) is 2,700
2,700 - Minus the Affordable Housing Bonus of 150 units 2,550.
2,550 - 2,550 is then split between TDRs credits (1,275) and Village Bonus Units (1,275). Using the same formula, at 3.0 DUs per
acre, 2,025 TDRs are needed.
1,275 - 1,275 TDRs and/or TDR Bonus Credits are needed to entitle 1,500-acre Village at 2.0 DUs per acre. At 3.0 DUs per acre,
2,025 TDRs and/or TDR Bonus Credits are needed. Using the same me formula, a 2,500-acre Village in Receiving Area 4
(Belle Meade) will require 2,100 TDRs at 2.0 units per acre, and 3,350 TDRs at 3.0 DUs per acre.
9.A.14
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FLUE Amendment Recommendations
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will create increased availability of TDRs in the marketplace and reduce the per TDR cost. This will also
significantly increase the utilization rate. The result will be an increase in the amount of return to Sending
Landowners for lost value (as was the primary TDR policy objective).
Of course, the severance and utilization of TDRs should be monitored annually, as adjustments may be
warranted.
The use of TDRs to increase market rate density in the Urban Area, in certain locations, including but not
limited to the remaining undeveloped portions of the Urban Residential Fringe, should be reevaluated as
well.
Concluding Comments and Recommendations:
There is no perfect solution to effectively address the supply and demand equation as there are many
variables, and the free market is always in a state of flux. However, the most reasonable and effective
process is to adjust the TDR equation and then to monitor the outcomes resultant from those adjustments.
The following struck-through/underlined changes to the TDR generation rates for Sending Lands are
suggested. It is also suggested that an annual review be conducted, to determine whether adjustments or
additional change ae necessary.
Also, I want to reiterate support for the proposed amendments to the RFMUD consistent with the Planning
Board’s motion, and as revised by staff to be consistent with that motion.
Please do not hesitate to contact me should you have questions or wish to discuss these recommendations
further.
Sincerely,
Robert J. Mulhere, FAICP
President/CEO
Enclosures as noted.
cc: Richard D. Yovanovich, Esquire - Coleman, Yovanovich & Koester
Donald R. Schrotenboer
David Torres, CEO - Florida Star Development
Jaime Weisinger - Lipman Family Farms
Michelle Mosca, AICP, Collier County Principal Planner
9.A.14
Packet Pg. 186 Attachment: Correspondence-Mulhere (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
Attachment “A”
Proposed Amendments to Collier County GMP
Future Land Use Element
TDR and TDR Bonus Generation Rates
B. Rural Fringe Mixed Use District
1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations:
C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental
value and sensitivity and generally include significant wetlands, uplands, and habitat for listed
species.
1. Sending Lands are located entirely within the Rural Fringe Mixed Use District and are depicted
on the Future Land Use Map. Based upon their location, Sending Lands are the principal target
for preservation and conservation. Private Property owners of lands designated as Sending
Lands may transfer density to Receiving Lands within the Rural Fringe Mixed Use District, and
to lands within the Urban Designated Area subject to limitations set forth in the Density Rating
System. All privately owned lands within the Rural Fringe Mixed Use District that have a
Natural Resource Protection Area (NRPA) Overlay are designated Sending Lands. (XIV)
2. Base Severance Rate:1 Development rights may be severed from Sending Lands at a maximum
rate of 0.2 0.6 TDR credits per acre (13 TDR Credit per five acres). Utilization of TDR Credits
and TDR Bonus Credits in Receiving Lands may only occur in whole number increments
(fractions are prohibited). In the case of legal nonconforming lots or parcels in existence as of
June 22, 1999, where such lot or parcel is less than 5 acres in size, one three (3) TDR Credits
may be severed from said lot or parcel.
3. Conditions Applicable to Base and Bonus TDR Credits:
a) Base TDR Credits may not be severed from Sending Lands where a conservation easement
or other similar development restriction prohibits residential development.
b) The severance of credits shall be recorded in public records utilizing a legal instrument
determined to be appropriate by the County Attorney’s Office. Said instrument shall
clearly state the remaining allowable lands uses on the subject property after all, or a
portion, of the residential density has been severed from the property.
c) Where development rights have been severed from Sending Lands, such lands may be
retained in private ownership or may be sold or deeded by gift to another entity.
d) The bonus provisions set forth in subsections 4 through 5 6 below are applicable to
properties from which TDR Credits were severed prior to and subsequent to the effective
date of this amendment.
e) These bonus provisions set forth in subsections 4, 5, and through 6, below are also
applicable to the North Belle Meade Overlay provisions of the Future Land Use Element.
1 The proposed increase effectively doubles the number of TDRs and TDR Bonus credits that can currently be achieved from the Base TDR
combined the Environmental Restoration and Maintenance TDR Bonus (from 3 to 6 TDRs and TDR Bonus Credits.
9.A.14
Packet Pg. 187 Attachment: Correspondence-Mulhere (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
f) Any Sending Lands from which TDR Credits have been severed may also be utilized for
mitigation programs and associated mitigation activities and uses in conjunction with any
county, state or federal permitting.
g) No Conveyance Bonus Credits shall be available without provision of a plan for
management and maintenance as authorized in subsection 4 below (the Environmental
Restoration and Maintenance TDR Bonus).
4. Environmental Restoration and Maintenance TDR Bonus: Three (3) additional TDR Bonus Credits
may be issued to the owner of each five-acre parcel or legal nonconforming lot of record. This
Bonus shall be granted upon the County’s acceptance of a Restoration and Management Plan
(RMP) that is consistent with a listed species management plan that includes habitat
management, the removal of exotics and the maintenance of the land exotic free. In the event the
RMP includes restoration of areas that were either previously cleared for farming or other for
purposes, or areas that require supplemental plantings to create a functional native habitat,
including upland, wetland and wading bird habitat, one (1) additional Environmental Restoration
and Maintenance TDR Bonus may be granted for each restored acre. The property owner may
contract with any of the government agencies or contractors deemed qualified by the County for
implementation of the RMP. The property owner shall provide financial assurance, in the form of
a performance surety bond or similar financial security acceptable to the County, that the RMP
shall remain in place and be performed until the earlier of the following occurs:
a) Viable and sustainable ecological and hydrological functionality 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 for in subsection 5
below.
c) Belle Meade Hydrologic Enhancement Overlay (BMHEO): For Sending Lands properties in
private ownership located within, or partially within, the BMHEO, one (1) additional
Environmental Restoration and Maintenance TDR Bonus Credit shall be granted for a total of
up to four (4) TDR Environmental Restoration and Maintenance TDR Bonus Credits per five (5)
acres or per legal nonconforming lots or parcels in existence as of June 22, 1999, where such
lot or parcel is less than 5 acres in size. This additional Environmental Restoration and
Maintenance TDR Bonus Credit shall be granted when:
1) The property owner provides a “Flow-Way Easement” to Collier County; and
2) The property owner removes the invasive exotic plants from the parcel.
The County will assume responsibility for recording of the easement and for perpetual exotic
maintenance of the parcel as a condition of the property owner granting the easement.
In the alternative, should the County or any other public conservation agency, accept by gift
the conveyance of fee simple title of any parcel within or partially within the BMHEO, as
provided for in Paragraph 5., below, the property owner shall be granted four (4) TDR Bonus
Credits, subject to any conditions placed upon the property owner as a part of that
conveyance.
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5. Conveyance TDR Bonus:2 A TDR Bonus Credit shall be issued to the owner of each five (5) acre
parcel or legal nonconforming lot of record designated as Sending Lands, at the transfer rate of
one (1) additional TDR Bonus Credit for each five acres or legal nonconforming lot of record for
conveyance of fee simple title to a federal, state, or local governmental agency, or to a not-for-
profit entity or land trust approved by the Board of County Commissioners, by gift.
2 To date the Conveyance Bonus Credit has, for the most part, not been achievable.
9.A.14
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9.A.15
Packet Pg. 190 Attachment: 12. CCPC Resolution & Exhibit A Text -RFMUD Restudy (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
9.A.15
Packet Pg. 191 Attachment: 12. CCPC Resolution & Exhibit A Text -RFMUD Restudy (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
Underlined text is added; struck through text is deleted
1
EXHIBIT A
FUTURE LAND USE ELEMENT
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION [Page 25]
*********************************** text break*****************************************
I. URBAN DESIGNATION [Page 25]
************************************text break****************************************
A. Urban Mixed Use District [Page 27]
*********************************** text break ****************************************
Port of the Island is a unique development Port of the Islands is a unique development, which is located
within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State
Concern. However, a portion of the development was determined “vested” by the State of Florida, thus
exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing
Development Agreement between Port of the Islands, Inc. and the State of Florida Department of
Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the
Islands is eligible for all provisions of the Urban Mixed Use District in which it is located to the extent that
the overall residential density and commercial intensity does not exceed that permitted under zoning at
time of adoption of this Plan.
*********************************** text break ****************************************
Any comprehensive plan amendment to increase residential density within any of the Subdistricts in this
District shall only provide for that density increase via utilization of the transfer of development rights
program.
*********************************** text break ****************************************
2. Urban Residential Fringe Subdistrict [Page 28]
The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area
and the Agricultural/Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed
Use District. Residential land uses may be allowed at a maximum base density of 1.5 units per gross
acre, plus any density bonus that may be achieved via CCME Policy 6.2.5 (6) b.1., and either “a” or “b”
below.
Within the Urban Residential Fringe, rezone requests are not subject to the density rating system, except
as specifically provided below for the Affordable Housing Density Bonus. All rezones are encouraged
to be in the form of a planned unit development. Proposed development in the Subdistrict shall be fully
responsible for all necessary water management improvements, including the routing of all on-site and
appropriate off-site water through the project’s water management system, and a fair share cost of
necessary improvements to the CR 951 canal/out-fall system made necessary by new development in
the Subdistrict.
a. Up to 1.0 unit per gross acre via the transfer of up to one (1.0) dwelling unit (transferable
development right) per acre from lands located within one mile of the Urban Boundary and
designated as Rural Fringe Mixed Use District Sending Lands, with the following exceptions:
i. Properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use
Sending Lands designations, and meet the other Density Blending criteria provided for in
subsection 5.2 of the Density Rating System, which may achieve an additional maximum density
9.A.15
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Underlined text is added; struck through text is deleted
2
of up to 1.3 units per gross acre for all lands designated as Urban Residential Fringe via the
transfer of up to 1.3 dwelling units (transferable development rights) per acre from lands located
within one mile of the Urban Boundary and designated as Rural Fringe Mixed Use District
Sending Lands; or,
ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit
Development located in Section 1, Township 51 South, Range 26 East, shall not be subject to
the one mile limitation set forth above and may utilize TDRs from any lands designated Sending
within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density; or,
iii. Up to 1.52 additional units per acre may be achieved for Urban Residential Fringe lands
within the 196.4 acre portion of the San Marino Planned Unit Development described below, via
the transfer of 1.52 dwelling units (transferable development right) per acre. The Property shall
not be subject to the one mile limitation set forth above and may utilize TDRs derived from any
lands designated Sending within the Rural Fringe Mixed Use District to achieve up to the
maximum allowable density. The Property is further described as follows:
*********************************** text break ****************************************
2. Density Bonuses [Page 53]
*********************************** text break ****************************************
d. Residential In-fill [Page 54]
To encourage residential in-fill in urban areas of existing development outside of the Coastal High
Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the following
criteria are met:
(a) The project is 20 acres or less in size;
(b) At time of development, the project will be served by central public water and sewer;
(c) The project is compatible with surrounding land uses;
(d) The property in question has no common site development plan with adjacent property;
(e) There is no common ownership with any adjacent parcels; and
(f) The parcel in question was not created to take advantage of the in-fill residential density
bonus and was created prior to the adoption of this provision in the Growth Management Plan
on January 10, 1989;.
(g) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be transferred from
Sending Lands; and
(h) Projects qualifying under this provision may increase the density administratively by a
maximum of one dwelling unit per acre by transferring that additional density from Sending
Lands.
***********************************text break************************************************
f. Transfer of Development Rights Bonus [Page 54]
To encourage preservation/conservation of natural resources, density transfers are permitted as
follows:
(a) From Urban designated areas into that portion of the Urban designated area subject to this
Density Rating System, in accordance with the Transfer of Development Rights (TDR)
provision contained in Section 2.03.07 of the Land Development Code, adopted by
Ordinance No. 04-41, as amended, on June 22, 2004 and effective October 18, 2004. For
projects utilizing this TDR process, density may be increased above and beyond the density
otherwise allowed by the Density Rating System.
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3
(b) From Sending Lands in conjunction with qualified infill development.
(c) From Sending Lands located within one mile of the Urban Boundary into lands designated
Urban Residential Fringe, at a maximum density increase of one (1) unit per gross acre, with the
following exceptions:
i. Properties that straddle the Urban Residential Fringe and the Rural Fringe Mixed Use Sending
Lands designations, and meet the other Density Blending criteria provided for in subsection 5.2
of the Density Rating System, may transfer TDRs
from Sending Lands located within one mile of the Urban Boundary into lands designated Urban
Residential Fringe, at a maximum density increase of 1.3 units per gross acre.
ii. The Urban Residential Fringe portion of the Naples Reserve Residential Planned Unit
Development located in Section 1, Township 51 South, Range 26 East, shall not be subject to
the one mile limitation set forth above and may utilize TDRs from any lands designated Sending
within the Rural Fringe Mixed Use District to achieve up to the maximum allowable density
increase.
iii. Up to 1.52 additional units per acre may be achieved for Urban Residential Fringe lands within
the 196.4 acre portion of the San Marino Planned Unit Development described below, via the
transfer of 1.52 dwelling units (transferable development right) per acre. The Property shall not
be subject to the one mile limitation set forth above and may utilize TDRs derived from any lands
designated Sending within the Rural Fringe Mixed Use District to achieve up to the maximum
allowable density. The Property is further described as follows:
That portion of the San Marino Planned Unit Development described in Ordinance No. 2000-
10, as amended, excepting the ±39 acres located in the South ½ of the Southwest ¼ of the
Northwest ¼ of Section 11, Township 50 South, Range 26 East, and in the Northwest ¼ of
the Southwest ¼ of Section 11, Township 50 South, Range 26 East.
**********************************text break****************************************
II. AGRICULTURAL/RURAL DESIGNATION [Page 74]
**********************************text break****************************************
B. Rural Fringe Mixed Use District [Page 76]
The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists
of approximately 93,60077,200 acres, or 76% of Collier County’s total land area. Significant
portions of this District are adjacent to the Urban area or to the semi-rural, rapidly developing,
large-lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural
Fringe Mixed Use District do not represent a significant portion of the County’s active
agricultural lands. As of the date of adoption, of this Plan Amendment, the Rural Fringe Mixed
Use District consisted of more than 5,550 tax parcels and includeds at least 3,835 separate
and distinct property owners. Alternative land use strategies have been developed for the
Rural Fringe Mixed Use District, in part, to consider these existing conditions.
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The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated
lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the
east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations
and incentives, to protect natural resources and private property rights, providing for large areas of open
space, and allowing, in designated areas, appropriate types, density and intensity of development. The
Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited
extension of central water and sewer, schools, recreational facilities, commercial uses and essential
services deemed necessary to serve the residents of the District. In order to preserve existing natural
resources, including habitat for listed species, to retain a rural, pastoral, or park-like appearance from
the major public rights-of-way within this area, and to protect private property rights, the following
innovative planning and development techniques are required and/or encouraged within the District.
Any comprehensive plan amendment to increase residential density within any of the subdistricts in this
District shall only provide for that density increase via utilization of the transfer of development rights
program.
1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving
Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use
District is to establish an equitable method of protecting and conserving the most valuable
environmental lands, including large connected wetland systems and significant areas of
habitat for listed species, while allowing property owners of such lands to recoup lost value
and development potential through an economically viable process of transferring such
rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential
density may be transferred from lands designated as Sending Lands to lands designated
as Receiving Lands on the Future Land Use Map, subject to the provisions below.
Residential density may not be transferred either from or into areas designated as Neutral
Lands through the TDR process.
A) Receiving Lands: Receiving Lands are those lands within the Rural Fringe Mixed Use
District that have been identified as being most appropriate for development and to which
residential development units may be transferred from areas designated as Sending
Lands. Based on the evaluation of available data, these lands have a lesser degree of
environmental or listed species habitat value than areas designated as Sending and
generally have been disturbed through development, or previous or existing agricultural
operations. Various incentives are employed to direct development into Receiving Lands
and away from Sending Lands, thereby maximizing native vegetation and habitat
preservation and restoration. Such incentives include, but are not limited to: the TDR
process; clustered development; density bonus incentives; and, provisions for central
sewer and water. Within Receiving Lands, the following standards shall apply, except for
those modifications that are identified in the North Belle Meade Overlay:
1. Maximum Density, except for Housing that is Affordable: The base residential
density allowable for designated Receiving Lands is one (1) unit per five (5) gross
acres (0.2 dwelling units per acre). The maximum density achievable in Receiving
Lands through the TDR process is one (1) dwelling unit per acre for the Belle
Meade and North Belle Meade Receiving Lands; and, two (2) dwelling units per
acre for the two Receiving Lands areas along Immokalee Road. This maximum
density is exclusive of the Density Blending provisions. Dwelling Units may only be
transferred into Receiving Lands in whole unit increments (fractional transfers are
prohibited). Once the maximum density is achieved through the use of TDR
Credits, additional density may be achieved as follows:
a) A density bonus of no more than 10% of the maximum density per acre shall
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be allowed for each additional acre of native vegetation preserved exceeding
the minimum preservation requirements set forth in Policy 6.1.2 of the CCME.
b) A density bonus of no more than 10% of the maximum density per acre shall
be allowed as provided in Policy 6.2.5(6)b of the CCME.
2. Maximum Density for Housing that is Affordable: For a project providing housing
that is affordable, a maximum density of twelve and two-tenths (12.2) units per acre
is allowed, consistent with Section 2.06.00 of the LDC, subject to rezone approval,
and subject to the approval of an “Affordable Housing Agreement.” TDR credits are
not required, nor allowed, to achieve density.
3. Clustering: Where the transfer of development rights or provision for housing that is
affordable is employed to increase residential density within Receiving Lands, such
residential development shall be clustered in accordance with the following
provisions:
a) Consistent with the provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan, central water and sewer shall be extended to the project.
Where County sewer or water services may not be available concurrent with
development in Receiving Lands, interim private water and sewer facilities may
be approved.
b) The maximum lot size allowable for a single-family detached dwelling unit is
one acre.
c) The clustered development shall be located on the site so as to provide to the
greatest degree practicable: protection for listed species habitat; preservation
of the highest quality native vegetation; connectivity to adjacent natural
reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
3. 4. Minimum Project Size: The minimum project size required in order to receive
transferred dwelling units is 40 contiguous acres, except no minimum project size
is required for the Receiving Lands areas along Immokalee Road.
5. Project Size: Where TDR Credits are utilized, the project size must be less than
three hundred (300) acres.
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4.6. Emergency Preparedness:
a) In order to reduce the likelihood of threat to life and property from a tropical
storm or hurricane event, community facilities, schools, or other public buildings
shall be designed to serve as storm shelters if located outside of areas that are
likely to be inundated during storm events, as indicated on the Sea, Lake, and
Overland Surge from Hurricane Map for Collier County. Impacts on evacuation
routes, if any, must be considered as well. Applicants for new residential or
mixed use developments proposed for Receiving Lands shall work with the
Collier County Emergency Management staff to develop an Emergency
Preparedness Plan to include provisions for storm shelter space, a plan for
emergency evacuation, and other provisions that may be deemed appropriate
and necessary to mitigate against a potential disaster.
b) Applicants for new developments proposed for Receiving Lands shall work with
the Florida Forest Service and the Managers of any adjacent or nearby public
lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the
likelihood of threat to life and property from wildfires. This plan will address, at
a minimum: project structural design; the use of materials and location of
structures so as to reduce wildfire threat; firebreaks and buffers; water features;
and, the impacts of prescribed burning on adjacent or nearby lands.
5. 7. Allowable Uses: Uses within Receiving Lands are limited to the following:
a) Agricultural uses;
b) Single-family residential dwelling units, including mobile homes where a Mobile
Home Zoning Overlay exists.
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan, subject to the development of appropriate
development standards to ensure that the transitional semi-rural character of
the Rural Fringe Mixed Use District is preserved. These development
standards shall include, but are not limited to: building heights, design
standards, buffers, and setbacks.
d) Rural Villages, subject to the provisions set forth in II. B.3 of this element.
e) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses.
f) Group housing uses subject to the following density/intensity limitations:
• Family Care Facilities: 1 unit per 5 acres;
• Group Care Facilities and other Care Housing Facilities: Maximum Floor
Area Ratio (FAR) not to exceed 0.45.
g) Staff housing as may be incidental to, and in support of, safety service facilities
and essential services;
h) Farm labor housing limited to 10 acres in any single location:
• Single family/duplex/mobile home: 11 dwelling units per acre;
• Multifamily/dormitory: 22 dwelling units/beds per acre.
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i) Sporting and Recreational camps within which the lodging component shall
not exceed 1 unit per 5 gross acres;
j) Essential services.
k) Golf courses or driving ranges, subject to the following standards:
(1) The minimum density shall be as follows:
(a) For golf course projects, including both freestanding golf courses and
golf courses with associated residential development: one TDR credit
shall be required for every five (5) gross acres of land area utilized as
part of the golf course, including the clubhouse area, rough, fairways,
greens, and lakes, but excluding any area dedicated as conservation
that is non-irrigated and retained in a natural state. Any residential
development associated with the golf course shall have a minimum
density of one (1) dwelling unit per five acres.
(2) Golf courses shall be designed, constructed, and managed in accordance
with the best management practices of Audubon International’s Gold
Signature Program and the Florida Department of Environmental
Protection.
(3) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Management Practices
for Golf Course Maintenance Departments, prepared by the Florida
Department of Environmental Protection, May 1995 September 2012.
(4) To protect ground and surface water quality from fertilizer and pesticide
usage, golf courses shall demonstrate the following management
practices:
(a) The use of slow release nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
(c) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
(d) The coordination of pesticide applications with the timing and
application of irrigation water;
(e) The use of the procedure contained in IFAS Circular 1011, Managing
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality.
(5) To ensure water conservation, golf courses shall incorporate the following
in their design and operation:
(a) Irrigation systems shall be designed to use weather station information
and moisture-sensing systems to determine the optimum amount of
irrigation water needed considering soil moisture and
evapotranspiration rates.
(b) As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Objective 1.4 and its
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policies;
(c) Native plants shall be used exclusively except for special purpose areas
such as golf greens, fairways, and building sites. Within these excepted
areas, landscaping plans shall require that at least 75% of the trees and
50% of the shrubs be freeze-tolerant native Floridian species. At least
75% of the required native trees and shrubs shall also be drought
tolerant species.
(6) Stormwater management ponds shall be designed to mimic the functions
of natural systems: by establishing shorelines that are sinuous in
configuration in order to provide increased length and diversity of the littoral
zone. A Littoral shelf shall be established to provide a feeding area for water
dependent avian species. The combined length of vertical and rip-rapped
walls shall be limited to 25% of the shoreline. Credits to the site
preservation area requirements, on an acre- to- acre basis, shall be given
for littoral shelves that exceed these littoral shelf area requirements.
(7) Site preservation and native vegetation retention requirements shall be the
same as those set forth in CCME Policy 6.1.2. These areas are intended
to provide habitat functions and shall meet minimum dimensions as set
forth in the Land Development Code. These standards shall be established
within one year.
l) Commercial development as permitted as part of an approved Rural Village.
Within one year of adoption of these amendments, the County will develop
appropriate standards for commercial development within Rural Villages, with
particular focus on design, scale, and access provisions that will maintain the
rural character or semi-rural character of the District.
m) Research and Technology Parks, consistent with the Research and Technology
Park Subdistrict provided for in the Urban designation, and within an approved
Rural Village. Within one year of adoption of these amendments, the County
will develop appropriate standards for Research and Technology Parks within
Rural Villages, with particular focus on design, scale, and access provisions
that will maintain the rural character or semi-rural character of the District.
n) Business and Industrial Uses as identified as Florida Qualified Target
Industries. Within one (1) year from the date of adoption of this amendment,
the LDC shall be amended to provide design standards, development
standards, and locational criteria.
o) Neighborhood commercial uses within Affordable Housing projects. Within one
(1) year from the date of adoption of this amendment, the LDC shall be
amended to provide uses, design standards, development standards, and
locational criteria.
n) p) Zoo, aquarium, botanical garden, or other similar uses.
o) q) Public educational plants and ancillary plants.
p) r) Facilities for the collection, transfer, processing and reduction of solid waste.
q) s) Community facilities, such as, places of worship, childcare facilities,
cemeteries, social and fraternal organizations.
r) t) Sports instructional schools and camps.
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s) u) Earthmining, oil extraction and related processing.
t) v) Asphalt and concrete batch-making plants.
u) w) Travel trailer recreational vehicle parks, provided the following criteria are met:
1) The subject site is abutting an existing travel trailer recreational vehicle
park site; and,
2) The subject site is no greater than 100% the size of the existing abutting
park site.
v) x) Parks, open space, and recreational uses.
w) y) Private schools.
6. 7. Density Blending shall be permitted subject to the provisions set forth in the
Density Rating System.
7. 8. Open Space and Native Vegetation Preservation Requirements:
a) Usable Open Space: Within Receiving Lands projects utilizing TDR Credits
greater than 40 acres in size shall provide a minimum of 70% usable open
space. Usable Open Space includes active or passive recreation areas such as
parks, playgrounds, golf courses, waterways, lakes, nature trails, and other
similar open spaces. Usable Open Space shall also include areas set aside for
conservation or preservation of native vegetation and lawn, yard and landscape
areas. Open water beyond the perimeter of the site, street right- of-way, except
where dedicated or donated for public uses, driveways, off- street parking and
loading areas, shall not be counted towards required Usable Open Space.
b) Native Vegetation Preservation: Native vegetation shall be preserved as set
forth in CCME Policy 6.1.2.
8. Adjustment to Receiving Lands Boundaries. For all properties designated
Receiving Lands where such property is contiguous to a Receiving Land/Sending
Land boundary, the property owner may submit data and analysis to the County in
an attempt to demonstrate that a change in the boundary is warranted. Within one
year from the effective date of this provision, the County may initiate a Growth
Management Plan amendment to consider such boundary changes upon a
showing of the following:
a) The property is contiguous to Sending Lands;
b) Site specific environmental data submitted by the property owner, or other data
obtained by the County, indicates that the subject property contains
characteristics warranting a Sending designation; and
c) An adjustment to the Receiving Lands boundary will not adversely affect the
TDR program.
B) Neutral Lands: Neutral Lands have been identified for limited semi-rural residential
development. Available data indicates that Neutral Lands have a higher ratio of native
vegetation, and thus higher habitat values, than lands designated as Receiving Lands,
but these values do not approach those of Sending Lands. Therefore, these lands are
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appropriate for limited development, if such development is directed away from
existing native vegetation and habitat. A lower maximum gross density is prescribed
for Neutral Lands when compared to Receiving Lands. Additionally, certain other uses
permitted within Receiving Lands are not authorized in Neutral Lands. Within Neutral
Lands, the following standards shall apply:
1. Maximum Density: 1 dwelling unit per 5 gross acres (0.2 units per acre).
2. Clustering: Clustering of residential development is allowed and encouraged.
Where clustered development is employed, it shall be in accordance with the
following provisions:
a) If within the boundaries of the Rural Transition Water and Sewer District, and
consistent with the provisions of the Potable Water and Sanitary Sewer Sub-
elements of this Plan, central water and sewer shall be extended to the project.
Where County sewer or water services may not be available concurrent with
development in Neutral Lands, interim private water and sewer facilities may
be approved.
b) The maximum lot size is one acre.
c) The clustered development shall be located on the site so as to provide to the
greatest degree practicable: protection for listed species habitat; preservation
of the highest quality native vegetation; connectivity to adjacent natural
reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
d) The minimum project size shall be at least 40 acres.
3. Allowable Uses:
a) Agricultural uses;
b) Single-family residential dwelling units, including mobile homes where a Mobile
Home Zoning Overlay exists.
c) Multi-family residential structures shall be permitted under the Residential
Clustering provisions of this plan, subject to the development of appropriate
development standards to ensure that the transitional semi-rural character of
the Rural Fringe Mixed Use District is preserved. These development
standards shall include, but are not limited to: building heights, design
standards, buffers, and setbacks.
d) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses.
e) Group housing uses subject to the following density/intensity limitations:
• Family Care Facilities: 1 unit per 5 acres;
• Group Care Facilities and other Care Housing Facilities: Maximum Floor
Area Ratio (FAR) not to exceed 0.45.
f) Staff housing as may be incidental to, and in support of, safety service facilities
and essential services;
g) Farm labor housing limited to 10 acres in any single location:
• Single family/duplex/mobile home: 11 dwelling units per acre;
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• Multifamily/dormitory: 22 dwelling units/beds per acre.
h) Sporting and Recreational camps, within which the lodging component shall
not exceed 1 unit per 5 gross acres;
i) Essential services.
j) Golf courses or driving ranges, subject to the following standards:
(1) Golf courses shall be designed, constructed, and managed in accordance
with the best management practices of Audubon International’s Gold
Signature Program and the Florida Department of Environmental
Protection.
(2) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Management Practices
for Golf Course Maintenance Departments, prepared by the Florida
Department of Environmental Protection, May 1995 September 2012.
(3) To protect ground and surface water quality from fertilizer and pesticide
usage, golf courses shall demonstrate the following management
practices:
(a) The use of slow release nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
(c) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
(d) The coordination of pesticide applications with the timing and
application of irrigation water;
(e) The use of the procedure contained in IFAS Circular 1011, Managing
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality.
(4) To ensure water conservation, golf courses shall incorporate the following
in their design and operation:
(a) Irrigation systems shall be designed to use weather station information
and moisture-sensing systems to determine the optimum amount of
irrigation water needed considering soil moisture and
evapotranspiration rates.
(b) As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Objective 1.4 and its
policies;
(c) Native plants shall be used exclusively except for special purpose areas
such as golf greens, fairways, and building sites. Within these excepted
areas, landscaping plans shall require that at least 75% of the trees and
50% of the shrubs be freeze-tolerant native Floridian species. At least
75% of the required native trees and shrubs shall also be drought
tolerant species.
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(5)(3) Stormwater management ponds shall be designed to mimic the
functions of natural systems: by establishing shorelines that are sinuous in
configuration in order to provide increased length and diversity of the littoral
zone. A Littoral shelf shall be established to provide a feeding area for water
dependent avian species. The combined length of vertical and rip-rapped
walls shall be limited to 25% of the shoreline. Credits to the site preservation
area requirements, on an acre- to- acre basis, shall be given for littoral
shelves that exceed these littoral shelf area requirements.
(6)(4) Site preservation and native vegetation retention requirements shall be
the same as those set forth in the Rural Fringe Mixed Use District criteria.
Site preservation areas are intended to provide habitat functions and shall
meet minimum dimensions as set forth in the Land Development Code.
These standards shall be established within one year.
k) Zoo, aquarium, botanical garden, or other similar uses.
l) Public educational plants and ancillary plants.
m) Facilities for the collection, transfer, processing and reduction of solid waste.
n) Community facilities, such as, places of worship, childcare facilities,
cemeteries, social and fraternal organizations.
o) Sports instructional schools and camps.
p) Earthmining, oil extraction and related processing.
q) Parks, open space, and recreational uses.
r) Private schools.
s) Existing units approved for the Fiddler’s Creek DRI may be reallocated to those
parts of Sections 18 and 19, Township 51 South, Range 27 East added to
Fiddler’s Creek DRI together with part of Section 29, Township 51 South,
Range 27 East, at a density greater than 1 unit per 5 gross acres provided that
no new units are added to the 6,000 previously approved units, which results
in a gross density of 1.6 units per acre for the Fiddler’s Creek DRI; and further
provided that no residential units shall be located on that part of Section 29
within the Fiddler’s Creek DRI; and further provided that South Florida Water
Management District jurisdictional wetlands impacted by the DRI in said
Sections do not exceed 10 acres.
4. Native vegetation and preservation requirements: Native vegetation shall be
preserved as set forth in CCME Policy 6.1.2.
5. Density Blending shall be permitted subject to the provisions set forth in the Density
Rating System.
6. Adjustment to Neutral Lands Boundaries. For all properties designated Neutral
Lands where such property is contiguous to a Neutral Land/Sending Land
boundary, the property owner may submit data and analysis to the County in an
attempt to demonstrate that a change in the boundary is warranted. Within one
year from the effective date of this provision, the County may initiate a Growth
Management Plan amendment to consider such boundary changes upon a
showing of the following:
a) The property is contiguous to Sending Lands;
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b) Site specific environmental data submitted by the property owner, or other data
obtained by the County, indicates that the subject property contains
characteristics warranting a Sending designation; and
c) An adjustment to the Neutral Lands boundary will not adversely affect the TDR
program.
C) Sending Lands: Sending Lands are those lands that have the highest degree of
environmental value and sensitivity and generally include significant wetlands,
uplands, and habitat for listed species.
1. Sending Lands are located entirely within the Rural Fringe Mixed Use District and are
depicted on the Future Land Use Map. Based upon their location, Sending Lands are
the principal target for preservation and conservation. Private Property owners of lands
designated as Sending Lands may transfer density to Receiving Lands within the Rural
Fringe Mixed Use District, and to lands within the Urban Designated Area subject to
limitations set forth in the Density Rating System. All privately owned lands within the
Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA)
Overlay are designated Sending Lands.
2. Base Severance Rate: Development rights may be severed from Sending Lands at a
maximum rate of 0.2 0.4 TDR credits per acre (1 2 TDR Credits per five acres).
Utilization of TDR Credits and TDR Bonus Credits in Receiving Lands may only occur
in whole number increments (fractions are prohibited). In the case of legal
nonconforming lots or parcels in existence as of June 22, 1999, where such lot or
parcel is less than 5 acres in size, one two (2) TDR Credits may be severed from said
lot or parcel.
3. Conditions Applicable to Base and Bonus TDR Credits:
a) Base TDR Credits may not be severed from Sending Lands where a conservation
easement or other similar development restriction prohibits residential
development.
b) The severance of credits shall be recorded in public records utilizing a legal
instrument determined to be appropriate by the County Attorney’s Office. Said
instrument shall clearly state the remaining allowable lands uses on the subject
property after all, or a portion, of the residential density has been severed from the
property.
c) Where development rights have been severed from Sending Lands, such lands
may be retained in private ownership or may be sold or deeded by gift to another
entity.
d) The bonus provisions set forth in subsections 4 through 6 7 below are applicable
to properties from which TDR Credits were severed prior to and subsequent to the
effective date of this amendment.
e) These bonus provisions set forth in subsections 4 through 6 below are also
applicable to the North Belle Meade Overlay provisions of the Future Land Use
Element.
f) Any Sending Lands from which TDR Credits have been severed may also be
utilized for mitigation programs and associated mitigation activities and uses in
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conjunction with any county, state or federal permitting.
g) No Conveyance Bonus Credits shall be available without provision of a plan for
management and maintenance as authorized in subsection 4 below (the
Environmental Restoration and Maintenance TDR Bonus).
4. Environmental Restoration and Maintenance TDR Bonus: One (1) additional TDR
Bonus Credit may be issued to the owner of each five-acre parcel or legal
nonconforming lot of record. This Bonus shall be granted upon the County’s acceptance
of a Restoration and Management Plan (RMP) that is consistent with a listed species
management plan that includes habitat management, the removal of exotics and the
maintenance of the land exotic free. The property owner may contract with any of the
government agencies or contractors deemed qualified by the County for implementation
of the RMP. The property owner shall provide financial assurance, in the form of a
performance surety bond or similar financial security acceptable to the County, that the
RMP shall remain in place and be performed until the earlier of the following occurs:
a) Viable and sustainable ecological and hydrological functionality 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 for in
subsection 5 below.
c) For Sending Lands properties in private ownership located within, or partially
within, the Belle Meade Hydrologic Enhancement Overlay (BMHEO), the
Environmental Restoration and Maintenance TDR Bonus Credit shall be granted
when, within two (2) years of the effective date of this provision: (1) the property
owner provides a “Flow-Way Easement” to Collier County; and, (2) the property
owner removes the exotics from the parcel. The County will assume responsibility
for the recording of the easement and the perpetual exotic maintenance of the
parcel as a condition of the property owner granting the easement.
5. Conveyance TDR Bonus: A TDR Bonus Credit shall be issued to the owner of
each five (5) acre parcel or legal nonconforming lot of record designated as Sending
Lands, at the transfer rate of one (1) additional TDR Bonus Credit for each five acres
or legal nonconforming lot of record for conveyance of fee simple title to a federal,
state, or local governmental agency by gift; or to a not-for profit entity or land trust,
approved by the Board of County Commissioners, by gift.
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, or until September 27, 2022, 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.
6. Agriculture TDR Bonus:
a) A TDR Bonus Credit may be issued to the owner of private property for each
five (5) acre parcel or legal nonconforming lot of record designated Sending Lands
(non-NRPA), at the transfer rate of one (1) additional TDR Bonus Credit for each
five acres or legal nonconforming lot of record, utilized for an existing bona fide
agricultural activity. A restrictive covenant in favor of Collier County will be placed
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on lands used for agriculture restricting the use to a bona fide agricultural use in
perpetuity to protect against non-agricultural development.
b) A TDR Bonus Credit shall be issued to the owner of private property for each
five (5) acre parcel or legal nonconforming lot of record designated NRPA Sending
Lands, at the transfer rate of one (1) additional TDR Bonus Credit for each five
acres or legal nonconforming lot of record, utilized for an existing bona fide passive
agricultural activity. A restrictive covenant in favor of Collier County will be placed
on lands used for agriculture restricting the use to a bona fide passive agricultural
use in perpetuity to protect against non -agricultural development.
7. Belle Meade Flow-Way TDR Bonus: Private property owners of land located within or
partially within the Belle Meade Hydrologic Enhancement Overlay (BMHEO), as depicted
on the BMHEO Map, may sever development rights from Sending Lands at a maximum
rate of 0.2 TDR credits per acre (1 TDR Credit per five acres) or legal nonconforming lot
of record in exchange for providing a “Flow-Way Easement” to Collier County. Eligibility
is limited to within two (2) years of adoption of the establishment of the BMHEO. Eligible
parcels are identified on the Belle Meade Hydrologic Enhancement Overlay Area Flow-
Way TDR Bonus Credit Eligibility Map, adopted by separate resolution (Res. 20-XXX).
78. Permitted Uses: Permitted uses are limited to the following:
a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right
to Farm Act).
b) Detached single-family dwelling units, including mobile homes where the Mobile
Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40
acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on
or before June 22, 1999. For the purpose of this provision, a lot or parcel which is
deemed to have been in existence on or before June 22, 1999 is 1) a lot or parcel
which is part of a subdivision recorded in the public records of Collier County,
Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes
and bounds or other specific legal description, the description of which has been
recorded in the public records of Collier County Florida on or before June 22, 1999;
or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for
deed was executed prior to June 22, 1999.
c) Habitat preservation and conservation uses.
d) Passive parks and other passive recreational uses.
e) Sporting and Recreational camps, with which the lodging component shall not
exceed 1 unit per 5 gross acres.
f) Essential Services necessary to serve permitted uses identified in Section 7.a)
through 7.e) such as private wells and septic tanks.
g) Essential Services as follows, necessary to serve Urban area or the Rural
Transition Water and Sewer District: utility lines, except sewer lines; sewer lines
and lift stations, only if located within non-NRPA Sending Lands, and only if
located within already cleared portions of existing rights-of-way or easements; and,
water pumping stations and raw water wells.
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h) Essential Services necessary to ensure public safety.
i) Oil and gas exploration. Where practicable, directional-drilling techniques and/or
previously cleared or disturbed areas shall be utilized to minimize impacts to native
habitats.
8. 9. Conditional Uses:
a) The following uses are conditionally permitted subject to approval through a public
hearing process:
(1) Essential services not identified above in 7.f). Within one year, Collier County
will review essential services currently allowed in the Land Development Code
and will define those uses intended to be conditionally permitted in Sending
designated lands. During this one-year period or if necessary, until a
comprehensive plan amendment identifying conditionally permitted essential
services, no conditional uses for essential services within Sending designated
lands shall be approved.
(2) Public facilities, including solid waste and resource recovery facilities, and
public vehicle and equipment storage and repair facilities, shall be permitted
within Section 25, Township 49S, Range 26E, on lands adjacent to the existing
County landfill. This shall not be interpreted to allow for the expansion of the
landfill into Section 25 for the purpose of solid waste disposal.
(3) Commercial uses accessory to permitted uses 7.a), 7.c) and 7.d), such as retail
sales of produce accessory to farming, or a restaurant accessory to a park or
preserve, so long as restrictions or limitations are imposed to insure the
commercial use functions as an accessory, subordinate use.
(4) Oil and gas field development and production. Where practicable, directional-
drilling techniques and/or previously cleared or disturbed areas shall be utilized
to minimize impacts to native habitats.
(5) Facilities for resource recovery and for the collection, transfer, processing and
reduction of solid waste, for a ±29 acre property located within the southwest
quarter of the southwest quarter of Section 31, Township 49S, Range 27E,
provided previously cleared or disturbed areas are utilized so as to avoid
impacts to native habitats and to protect existing conservation easement areas
from new or expanding uses. This shall not be interpreted to allow for the
establishment or expansion of facilities for landfilling, dryfilling, incinerating, or
other method of onsite solid waste disposal.
(6) Active recreational uses only on lands owned by government entities other
than the State of Florida and designated North Belle Meade Overlay, subject
to criteria and/or definitions established in the LDC.
b) In addition to the criteria set forth in the Land Development Code, Conditional Uses
shall be allowed subject to the following additional criteria:
(1) The applicant shall submit a plan for development that demonstrates that
wetlands, listed species and their habitat are adequately protected. This plan
shall be part of the required EIS as specified in Policy 6.1.7 of the Conservation
and Coastal Management Element.
(2) Conditions may be imposed, as deemed appropriate, to limit the size, location,
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and access to the conditional use.
9. 10.Where residential density is transferred from Sending Lands, allowable uses shall
be limited to the following:
a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right
to Farm Act), including water management facilities, to the extent and intensity that
such operations exist at the date of any transfer of development rights.
b) Cattle grazing on unimproved pasture where no clearing is required;
c) Detached single-family dwelling units, including mobile homes where the Mobile
Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40
acres. In order to retain these development rights after any transfer, up to one
dwelling must be retained (not transferred) per 40 acres.
d) One detached dwelling unit, including mobile homes where the Mobile Home Zoning
Overlay exists, per each preexisting lot or parcel of less than 40 acres. For the
purpose of this provision, a preexisting lot or parcel is one that was in existence on
or before June 22, 1999 and is: 1) a lot or parcel which is part of a subdivision
recorded in the public records of Collier County, Florida; or 2) a lot or parcel which
has limited fixed boundaries, described by metes and bounds or other specific
legal description, the description of which has been recorded in the public records
of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which
has limited fixed boundaries, for which an agreement for deed was executed prior
to June 22, 1999. In order to retain these development rights after any transfer, up
to one dwelling must be retained (not transferred) per each lot or parcel.
e) Habitat preservation and conservation uses.
f) Passive parks and passive recreational uses.
g) Essential services, as authorized in Sending Lands.
h) Oil extraction and related processing, excluding earth mining.
10. 11. Native Vegetation shall be preserved as set forth in CCME Policy 6.1.2.
11. Adjustment to the Sending Land Boundaries. For all properties designated Sending
Lands where such property is contiguous to a Sending Land/Neutral Land boundary
or Sending Land/Receiving Land boundary, the County will provide written notice to
the property owners to advise of the opportunity to submit additional data and analysis
to the County in an attempt to demonstrate a change to the boundary is warranted.
Said written notice will be provided within three months of the effective date of these
Rural Fringe amendments. Within one year from the date these notices are sent, the
County will initiate a Growth Management Plan amendment to consider boundary
changes, based upon the data and analysis, as may be warranted. Under the following
conditions, adjustments may be proposed to Sending Land boundaries:
a) The property is contiguous to Neutral or Receiving Lands;
b) Site specific environmental data submitted by the property owner, or other data
obtained by the County, indicates that the subject property does not contain
characteristics warranting a Sending designation;
c) An adjustment to the Sending land boundary requires an amendment to the Future
Land Use Map.
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12. Clustering: For Sending Lands Parcels a minimum of eighty (80) acres, or an
aggregation of parcels where each is a minimum of forty (40) acres, clustering is
allowed in accordance with the following provisions:
a) The maximum lot size allowable for a single-family detached dwelling unit is one
acre.
b) The clustered development shall be located on the site so as to provide to the
greatest degree practicable: protection for listed species habitat; preservation of
the highest quality native vegetation; connectivity to adjacent natural
reservations or preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
D) Additional TDR Provisions: Collier County has amended its land development regulations
to adopt a formal process for authorizing and tracking the Transfer of Development Rights.
This process includes the following provisions:
1. The establishment of a simple, expeditious process whereby private property owners
may, by right, “sell” residential dwelling units from lands designated as Sending Lands.
Said units (TDR Credits) may then be transferred by right to lands designated as
Receiving Lands, or to Urban Lands where authorized. Once established, the TDR
program shall be administratively reviewed and approved, requiring no further public
hearing or Board approval if consistent with the provisions for administrative approval.
2. The establishment of a process for tracking and recording all TDR Credits in the public
records of Collier County. This shall include the identification of the entity or
department responsible for on-going administration of the TDR program. In addition,
the County shall consider the feasibility of establishing a “TDR Bank,” to be
administered by the County or some other not-for-profit governmental or quasi-
governmental public agency established for this purpose. A primary objective of the
TDR Bank is to make funds available to support the TDR program by offering initial
minimal purchase prices of TDR Credits.
3. Limitations and Procedures:
a) TDR Credits shall not be generated from Sending Lands where a conservation
easement or other similar development restriction prohibits residential
development.
b) The generation of TDR Credits through the severance of residential density from
Sending Lands shall be recorded in public records utilizing a legal instrument
determined to be appropriate by the County Attorney’s Office.
c) Said instrument shall clearly state the remaining allowable land uses on the subject
property after all, or a portion, of the residential density has been severed from the
property.
d) Where residential density has been severed from Sending Lands, such lands may
be retained in private ownership or may be sold or deeded by gift to another entity.
4. The TDR process shall be the only mechanism to achieve increased density within
Receiving Lands, excluding: the Density Blending provisions of this Plan;, Housing
that is Affordable in the Plan; and any density bonuses authorized in the Rural Fringe
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Mixed Use District.
5. A 25-year prohibition on generating TDR Credits from any parcel, or portion thereof,
within Sending Lands has been cleared for agricultural purposes after June 19, 2002;
except for the Agriculture TDR Bonus Credit provision.
6. A TDR Bonus Credit shall be issued to the owner of private property for each five
(5) acre parcel or legal nonconforming lot of record designated Receiving Lands or
Neutral Lands, at the transfer rate of one (1) additional TDR Bonus Credit for each five
acres or legal nonconforming lot of record, utilized for a conservation use or an existing
bona fide agricultural use. A perpetual easement shall be placed on lands used for
agriculture or conservation uses to protect these lands in perpetuity. A restrictive
covenant in favor of Collier County will be placed on lands used for agriculture
restricting the use in perpetuity to protect against non -agricultural development.
2. Buffers Adjacent to Major Public Rights-of-way: In order to maintain and enhance the
rural character within the Rural Fringe Mixed Use District, within one year of adoption of
this amendment, Collier County will adopt land development regulations establishing
buffering standards for developments adjacent to existing or proposed arterial and
collector public roadways. These standards shall include, but are not limited to:
applicability provisions, including establishing a minimum project size below which these
requirements shall not apply; the degree to which water features, including water
management lakes and canals, may be a part of this buffer; credits for existing native
vegetation that is to be retained; and, credits toward any open space and native vegetation
preservation requirements.
3. Rural Villages: Rural Villages may be approved within the boundaries of the Rural
Fringe Mixed Use District in order to: maximize the preservation of natural areas and
wildlife habitat within the Rural Fringe Mixed Use District; to reduce the need for residents
of the District and surrounding lands to travel to the County’s Urban area for work,
recreation, shopping, and education; and, to enhance the provision of limited urban and
rural levels of service through economies of scale. Rural Villages shall be comprised of
several neighborhoods designed in a compact nature such that a majority of residential
development is within one quarter mile of Neighborhood Centers or Village Center.
Neighborhood Centers may include small scale service retail and office uses, and shall
include a public park, square, or green. Village Centers shall be designed to serve the
retail, office, civic, government uses and service needs of the residents of the village.
The Village Center shall be the primary location for commercial uses. Villages shall be
surrounded by a green belt in order to protect the character of the rural landscape and to
provide separation between villages and the low density rural development, agricultural
uses, and conservation lands that may surround the village. Villages shall be designed to
include the following: a mixture of residential housing types; institutional uses; commercial
uses; and, recreational uses, all of which shall serve the residents of the Village and the
surrounding lands. In addition, the following criteria and conditions shall apply, except for
those modifications that are identified in the North Belle Meade Overlay:
A) Process for Approval: The Collier County Land Development Code includes provisions
for the establishment of Rural Villages. These provisions establish specific
development regulations, standards, and land use mix requirements. Subsequent to
the creation of these provisions, Rural Village applications shall be submitted in the
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form of a Planned Unit Development (PUD) rezone and, where applicable, in
conjunction with a Development of Regional Impact (DRI) application as provided for
in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions
of law that may supersede the DRI process.
B) Locational Restrictions:
1. A Rural Village shall not be located any closer than 3.0 miles from another Rural
Village.
2. No more than one Rural Village may be located in each of the distinct Receiving
Areas depicted on the FLUM.
3. 1. A Rural Village shall have direct access to a roadway classified by Collier County
as an arterial or collector roadway. Alternatively, access to the Village may be via
a new collector roadway directly accessing an existing arterial, the cost of which
shall be borne entirely by the developer.
4. 2. A Rural Village shall be located where other public infrastructure, such as
potable water and sewer facilities, already exist or are planned.
C) Rural Village Sizes, and Density, and Design:
1. Developments with Rural Villages shall be a minimum of 300 acres shall utilize
Rural Village standards herein and within the LDC. A Rural Village shall have and
a maximum of 1,500 acres, except within Receiving Lands south of the Belle
Meade NRPA where the maximum size may not exceed 2,500 acres. The Rural
Village size is exclusive of the required green belt area. Rural Villages shall include
a Village Center and a minimum of two distinct neighborhoods.
2. The minimum and maximum gross density of a Rural Village shall be 2.0 units per
gross acre and 3.0 units per acre, respectively. The density calculation for a Rural
Village may include the base residential density permitted for the green belt area,
if such density is shifted to the Rural Village area.
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3. Density shall be achieved as follows:
a) The base density for the Agricultural/Rural Designation of 0.2 dwelling units per
acre (1.0 dwelling units per five acres) for lands within the Rural Village, and
the land area designated as a green belt surrounding the Rural Village, is
granted by right for allocation within the designated Rural Village.
b) The additional density necessary to achieve the minimum required density for
a Rural Village shall be achieved by any combination of TDR Credits and TDR
Bonus Credits. For each TDR Credit acquired for use in achieving the minimum
density in a Rural Village, one Rural Village bonus unit shall be granted.
c) Additional density between the minimum and maximum amounts established
herein may be achieved through any of the following, either individually or in
combination:
1) Additional TDR Credits.
2) TDR Bonus Credits.
3) A one-half (0.5) unit bonus for each (1) unit that is provided for low income
residents.
4) A density bonus of no more than 10% of the maximum density per acre
allowed for each additional acre of native vegetation preserved exceeding
the minimum preservation requirements set forth in Policy 6.1.2 of the
CCME.
5) A density bonus of no more than 10% of the maximum density per acre
as provided in Policy 6.2.5 (6)b. of the CCME.
4. Greater than 50 percent of residential development shall be located within one
quarter mile of a Neighborhood Center or the Village Center.
5. Rural Villages shall include a Village Center and a minimum of two distinct
neighborhoods.
D) Land Use Mix:
1. Acreage Limitations
1. Neighborhood Center Characteristics
a) Small scale service retail and office uses allowed; maximum floor area ratio
(FAR) of .5
b) Parks and Public Green Spaces required; minimum of one (1) percent of total
Village acreage
2. Village Center Characteristics
a) Floor Area Ratio or Intensity
1. Retail and Office allowed; maximum FAR of 0.5
2. Civic, Government, and Institutional Services allowed; maximum FAR of 0.6
3. Group Housing allowed; maximum FAR of 0.45
4. Transient Lodging allowed; maximum of 26 units per acre net
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b) Goods and Services required; minimum of 53 sq. ft. gross building area per
dwelling unit
c) Civic, Government and Institutional Services required; minimum of 10 sq. ft. per
dwelling unit
a) Neighborhood Center ‒ 0.5% of the total Village acreage, not to exceed 10
acres, within each Neighborhood Center.
b) Neighborhood Center Commercial – Not to exceed 40% of the Neighborhood
Center acreage and 8,500 square feet of gross leasable floor area per acre.
c) Village Center ‒ Not to exceed 10% of the total Village acreage.
d) Village Center Commercial ‒ Not to exceed 30% of the Village Center acreage
and 10,000 square feet of gross leasable floor area per acre.
e) d) Research and Technology Parks allowed; must be – Cconsistent with the
provisions of the Research and Technology Park Subdistrict in the Urban Mixed
Use District, excluding paragraph j; the Park shall not exceed 4% of the total
Village acreage.
f) Civic Uses and Public Parks ‒ Minimum of 10% of the total Village acreage.
E) Open Space and Environmental Protection:
1. Greenbelts: In addition to the requirements for parks, village greens, and other
open space within the Rural Village, a greenbelt averaging 300 feet in width but
not less than 200 feet in width, shall be required at the perimeter of the Rural
Village. The Greenbelt is required to ensure a permanent un-developable edge
surrounding the Rural Village, thereby discouraging sprawl. Greenbelts shall only
be designated on Receiving Lands. The allowable residential density shall be
shifted from the designated Greenbelt to the Rural Village. The greenbelt may be
concentrated to a greater degree in areas where it is necessary to protect listed
species habitat, including wetlands and uplands, provide for a buffer from adjacent
natural reservations, or provide for wellfield or aquifer protection, Golf courses and
existing agriculture operations are permitted within the greenbelt, subject to the
native vegetation preservation requirements specified below in paragraph 2.
However, golf course turf areas shall only be located within 100 feet of the
Greenbelt boundaries (interior and exterior boundary); further, these turf areas
shall only be located in previously cleared, or disturbed areas (see CCME Policy
6.1.2(1)).
2. Open Space and Native Vegetation Retention.
a) Native Vegetation shall be preserved as set forth in the Conservation and
Coastal Management Element Policy 6.1.2.
b) Open Space: Within the Rural Village and required Greenbelt, in aggregate, a
minimum of 40% of Open Space shall be provided.
3. An environmental impact statement for the Rural Village and surrounding
greenbelt area shall be submitted in accordance with Policy 6.1.7 of the CCME.
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F) Fiscal Neutrality: A Rural Village may only be approved after demonstration that the
Village will be fiscally neutral to county taxpayers outside of the Village.
1. An analysis shall be conducted and submitted in conjunction with the PUD rezone
and/or DRI application evaluating the demand and impacts on levels of service for
public facilities and the cost of such facilities and services necessary to serve the
Rural Village. This evaluation shall identify projected revenue sources for services
and any capital improvements that may be necessary to support the Village.
Additionally, this analysis shall demonstrate that the costs of providing necessary
facilities and services shall be fiscally neutral to County taxpayers outside of the
Village. At a minimum, the analysis shall consider the following:
a) Stormwater/drainage facilities;
b) Potable water provisions and facilities;
c) Reuse or “Grey” water provisions for irrigation;
d) Central sewer provisions and facilities;
e) Park facilities;
f) Law enforcement facilities;
g) School facilities;
h) Roads, transit, bicycle and pedestrian facilities and pathways;
i) Solid Waste facilities.
Development phasing and funding mechanisms to address any impacts to level of
service in accordance with the County’s adopted concurrency management program.
Accordingly, there shall be no degradation to the adopted level of service for public
facilities and infrastructure identified above.
G) As part of the development of Rural Village provisions, land development regulations
shall identify specific design and development standards for residential, commercial
and other uses. These standards shall protect and promote a Rural Village character
and shall include requirements for parks, greens, squares, and other public places. In
addition to the public spaces required as a part of a Village Center or Neighborhood
Center. Rural Villages shall incorporate a Village Park and neighborhood parks. In
addition, the following shall be addressed:
1. Rural Village, Village Center and neighborhood design guidelines and
development standards:
• A formal street layout, using primarily a grid design and incorporating village
greens, squares and civic uses as focal points.
• Neighborhoods and the village center will be connected through local and
collector streets and shall incorporate traffic calming techniques as may be
appropriate to discourage high-speed traffic.
• Consideration shall be given to the location of public transit and school bus
stops.
• Pedestrian paths and bikeways shall be designed so as to provide access and
interconnectivity.
• The siting of both schools and housing units within the village shall consider
the minimization of busing needs within the community.
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• Each Rural Village shall be served by a primary road system that is accessible
by the public and shall not be gated. The primary road system within the village
shall be designed to meet County standards and shall be dedicated to the
public.
• Access drives shall not be required to meet County standards.
• A Rural Village shall not be split by an arterial roadway.
• Interconnection between the Rural Village and abutting developments shall
be encouraged required.
2. Specific allocations for land uses including residential, commercial and other non-
residential uses within Rural Villages, shall include, but are not limited to:
• A mixture of housing types, including single-family attached and detached, as
well as multi-family. Projects providing affordable housing as required in the
Rural Fringe Mixed Use Overlay contained in the Collier County Land
Development Code shall receive a credit of one-half (0.5) units for each (1) unit
constructed. Collier County shall develop, as part of the Rural Village Overlay,
a methodology for determining the rental and fee-simple market rates that will
qualify for such a credit, and a system for tracking such credits.
• A mixture of recreational uses, including parks and village greens.
• Civic, community, and other institutional uses.
• A mixture of lot sizes, with a design that includes more compact development
and attached dwelling units within neighborhood centers and the Village
Center, and reduced net densities and increasingly larger lot sizes for detached
residential dwellings generally occurring as development extends outward from
the Village Centers. A mixture of retail, office, and services uses.
3. Specific development standards, including but not limited to, maximum net
densities; required yards; landscaping and buffering, and building heights.
4. If requested by the Collier County School Board during the PUD and/or DRI review
process, school sites shall be provided and shall be located to serve a maximum
number of residential dwelling units within walking distance to the schools.
Accordingly, schools, if requested, shall be located within or adjacent to the Village
Center. Where a school site is requested and provided, a credit toward any
applicable school impacts fees shall be provided based upon an independent
evaluation/appraisal of the value of the land and/or improvements provided by the
developer.
H) For the Belle Meade and North Belle Meade Receiving Areas, within two (2) years
from the effective date of adoption of these amendments, staff will evaluate the public
infrastructure needs, maximum density allowance, employment opportunities, and
design parameters, and propose appropriate GMP and/or LDC amendments.
4. Exemptions from the Rural Fringe Mixed Use District Development Standards ‒
The requirements, limitations and allowances of this District shall not apply to, affect or limit
the continuation of existing uses. Existing uses shall include: those uses for which all
required permits were issued prior to June 19, 2002; or projects for which a Conditional use
has been approved by the County prior to June 19, 2002; or, projects for which a Rezone
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petition has been approved by the County prior to June 19, 2002 – inclusive of all lands not
zoned A, Rural Agricultural; or, land use petitions for which a completed application has
been submitted prior to June 19, 2002. The continuation of existing uses shall include on-
site expansions of those uses if such expansions are consistent with or clearly ancillary to
the existing uses. Hereafter, such previously approved developments shall be deemed to
be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed
Use District, and they may be built out in accordance with their previously approved plans.
Changes to these previous approvals shall also be deemed to be consistent with the Plan's
Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do
not result in an increase in development density or intensity.
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V. OVERLAYS AND SPECIAL FEATURES [Page 99]
A. Area of Critical State Concern Overlay
The Big Cypress Area of Critical State Concern (ACSC) was established by the 1974 Florida
Legislature. The ACSC is displayed on the Future Land Use Map as an overlay area. The
ACSC encompasses lands designated Conservation, Agricultural/Rural, Estates and Urban
(Port of the Islands, Plantation Island and Copeland). Chokoloskee is outside the boundaries
of the Big Cypress ASCS. Two areas located within the boundaries of the ACSC are exempt
from the ACSC regulations: Everglades City: and, Ochopee, which is described as all of
Sections 27, 28, 33 and 34, Township 52 South, Range 30 East.
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B. North Belle Meade Overlay [Page 102]
The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for
in Receiving, Neutral, NRPA and non-NRPA Sending Lands, except as provided herein for
Neutral Lands in Section 24, Township 49 South, Range 26 East, and shown on the North Belle
Meade Overlay Section 24 Map. Development and preservation standards within this Overlay
shall be as provided herein.
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C. Belle Meade Hydrologic Enhancement Overlay (BMHEO) [Page New]
The purpose of the BMHEO is to restore natural flow ways and rebalance freshwater flows into
two natural systems – Naples Bay and Rookery Bay. Naples Bay has been adversely impacted
over the years from an abundance of fresh water from the Golden Gate Canal; and, Rookery Bay
from increased salinity caused by too little freshwater inflow. The Comprehensive Watershed
Improvement Plan is a county initiative designed to address these adverse impacts with a series
of hydrologic improvements to rebalance these two natural systems while rehydrating
approximately 10,000 acres of land within and adjacent to the Picayune Strand State Forest to
reestablish historical flows through this area. As a result, lands within the BMHEO will have
standing water at varying levels depending on the location of these lands within the Overlay. The
Lands within the Core Hydration Area will be impacted by a larger volume of water and for a longer
period, and lands within the Primary and Secondary Flow Ways will be impacted to a lesser degree
(refer to BMHEO Map).
Lands within the BMHEO are under public and private ownership. Recognizing the public benefit
achieved through these hydrologic enhancements, private property owners within the BMHEO will
be eligible to participate in the Transfer of Development Rights Program, as provided within the
RFMUD TDR provisions herein.
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CD. Natural Resource Protection Area Overlay [Page 120]
The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect
endangered or potentially endangered species and to identify large connected intact and relatively
unfragmented habitats, which may be important for these listed species. NRPAs may include
major wetland systems and regional flow-ways. These lands generally should be the focus of any
federal, state, County or private acquisition efforts.
NRPAs are located in the following areas:
1. Clam Bay Conservation Area (within Pelican Bay Plan Unit Development);
2. CREW (Corkscrew Regional Ecosystem Watershed);
3. North Belle Meade;
4. Belle Meade;
5. South Golden Gate Estates;
NRPAs located in the Rural Fringe Mixed Use District are identified as Sending Lands. Owners
of Pprivate property owners within these NRPAs may transfer residential development rights
from these important environmentally sensitive lands in accordance with Sending Lands
provisions.
Natural Resource Protection Areas (NRPAs) shall have the following standards:
1. Vegetation Retention and Site Preservation - Calculated at the higher value of 90% of the
native vegetation present, or 90% of the total site area, or as may otherwise be permitted
under the Density Blending provisions of the FLUE. Applicable standards provided for in
CCME Policy 6.1.2 shall also apply;
2. Listed species protection shall be provided for as specified in CCME Policy 7.1.2;
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Packet Pg. 217 Attachment: 12. CCPC Resolution & Exhibit A Text -RFMUD Restudy (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
Words underlined are added; words struck through are deleted
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3. Permitted and conditional uses for publicly owned lands within an NRPA Overlay shall be
those as set forth under the Conservation Designation.
4. For privately owned lands within a NRPA Overlay and designated Sending Lands,
permitted and conditional uses shall be those as set forth in the Rural Fringe Mixed Use
District for Sending Lands.
5. For privately owned lands within a NRPA Overlay and designated Estates, permitted and
conditional uses shall be those as set forth in the Estates Designation within the Golden
Gate Area Master Plan, in recognition of Florida’s private property rights laws. As these
privately owned Estates Designated lands are acquired for conservation purposes, the
Plan will be amended to change the Designation to Conservation.
6. There are approximately 15 sections of privately owned land within a NRPA Overlay
that are not designated Sending and are not located within the Rural Fringe Mixed Use
District (where all Sending Lands are located). Eight (8) of these sections, known as the
“hole-in-the-doughnut,” are located within the South Golden Gate Estates NRPA and
surrounded by platted Estates lots, almost all of which have been acquired by the State
under the Florida Forever program as part of the Picayune Strand State Forest. The
remaining seven (7) sections are within an approved mitigation bank located north and
west of Corkscrew Swamp Sanctuary. Uses on these lands are limited to restoration
and mitigation and, at the completion of this restoration process, these lands will be
deeded to a land management entity for conservation purposes. As these privately
owned Agricultural/Rural Designated lands are acquired for conservation purposes, the
Plan will be amended to change the Designation to Conservation. Until such time, in
recognition of Florida’s private property rights laws, permitted and conditional uses for
these privately owned lands shall be those set forth in the Agricultural/Rural Mixed Use
District.
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Packet Pg. 218 Attachment: 12. CCPC Resolution & Exhibit A Text -RFMUD Restudy (21721 : Rural Fringe Mixed Use District Restudy Amendments (GMPA))
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