Agenda 10/25/2022 Item #16A12 (Resolution - To consider approving an extension of the Transfer of Development Rights Early Entry Bonus Credit)10/25/2022
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution of the Collier County Board of County Commissioners approving
the extension of the Early Entry Bonus Credit for Transfer of Development Rights in the Rural Fringe
Mixed Use District until the pending Growth Management Plan amendments in PL2020002234 are adopted
and become effective.
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OBJECTIVE: To consider approving an extension of the Transfer of Development Rights Early Entry Bonus
Credit.
CONSIDERATIONS: The Board of County Commissioners (Board) adopted Growth Management Plan (GMP)
amendments in June of 2002 to establish the Rural Fringe Mixed Use District (RFMUD) including the Transfer of
Development Rights (TDR) program; those amendments did not become effective until July 2003 due to a
“challenge” to their statutory compliance. At that time, the TDR program only included the base TDR Credit (1
TDR Credit per 5 acres). In 2005, the GMP was amended to add three density bonuses to further incentivize owners
of Sending Lands to participate in the TDR program, one of which is the Early Entry bonus. In particular, the Early
Entry bonus was intended as an inducement for landowners to participate in the TDR program sooner than later -
similar to the “early entry participation provision” in the Rural Lands Stewardship Area Overlay which was
adopted in October 2002. The original Early Entry bonus was for a period of three years (from the date of the
implementation Land Development Code amendment) out to 2008 and has been extended multiple times. In
November 2019, the Board directed staff to amend the Future Land Use Element of the GMP to extend the Early
Entry bonus from September 27, 2018, to September 27, 2022, and include a provision for future extensions by
resolution by the Board.
In 2015, the Board directed the restudy of the RFMUD. In 2016, staff prepared a white paper detailing the
assessment of the RFMUD and TDR Program, recommendations, and public input. In 2017, staff presented the
white paper to the Board, direction was provided to staff to eliminate the TDR Early Entry Bonus Credit and add a
second TDR Base Credit within the RFMUD provisions. On September 25, 2018, the Board directed staff to
prepare Growth Management Plan amendments to the RFMUD. The RFMUD GMP amendments were transmitted
to the Florida Department of Economic Opportunity earlier this year and a finding of no objection from the DEO
was received on June 24, 2022. The RFMUD amendments are pending adoption hearings between December 2022
and February 2023. The extension of the TDR Early Entry bonus credit will provide a stop-gap measure to ensure
the Early Entry Bonus Credit remains in place until an additional TDR Base Credit is available to property owners.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
approval. [HFAC]
FISCAL IMPACT: There are no fiscal impacts to Collier County resulting from the adoption of this Resolution.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Plan impacts resulting from the
adoption of this Resolution.
RECOMMENDATION: To adopt the Resolution to extend the TDR Early Entry Bonus Credit retroactively from
September 27, 2022, until the proposed RFMUD amendments, which include adding a second TDR Base Credit,
become effective.
Prepared by: Michele Mosca, AICP, Principal Planner, Zoning Division
ATTACHMENT(S)
1. Resolution.100322(1) (PDF)
16.A.12
Packet Pg. 618
10/25/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 23489
Item Summary: Recommendation to adopt a Resolution of the Collier County Board of County Commissioners
approving the extension of the Early Entry Bonus Credit for Transfer of Development Rights in the Rural Fringe
Mixed Use District until the pending Growth Management Plan amendments in PL2020002234 are adopted and
become effective.
Meeting Date: 10/25/2022
Prepared by:
Title: Planner, Principal – Zoning
Name: Michele Mosca
10/03/2022 5:03 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/03/2022 5:03 PM
Approved By:
Review:
Growth Management Department Diane Lynch Growth Management Department Completed 10/05/2022 6:12 PM
Zoning Mike Bosi Division Director Completed 10/06/2022 7:45 AM
Growth Management Department Trinity Scott Transportation Skipped 10/04/2022 11:19 AM
Growth Management Department James C French Growth Management Completed 10/11/2022 12:30 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/14/2022 9:01 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/14/2022 9:58 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/14/2022 9:59 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/14/2022 2:21 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/19/2022 2:47 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/25/2022 9:00 AM
16.A.12
Packet Pg. 619
16.A.12.a
Packet Pg. 620 Attachment: Resolution.100322(1) (23489 : Extension of TDR Early Entry Bonus Credit)