Agenda 12/13/2022 Item #16A 5 (Ordinace amending the LDC to eliminate the $25,000)12/13/2022
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance amending
the Land Development Code, to eliminate the $25,000 minimum value of the Transfer of Development Rights
Base Credit in the Rural Fringe Mixed-Use Zoning Overlay District.
OBJECTIVE: To direct staff to advertise and bring back for a public hearing, an Ordinance amending the Land
Development Code (LDC), to eliminate the $25,000 minimum value of the Transfer of Development Rights Base
Credit in the Rural Fringe Mixed-Use Zoning Overlay District (RFMU District).
CONSIDERATIONS: In June 1999, the State of Florida issued a Final Order, Case ACC-99-002, determining the
County’s Evaluation and Appraisal Report-based amendments to the Growth Management Plan (GMP) were not in
compliance with State law based upon finding that included that the amendments did not provide adequate
protection for listed species and their habitat, did not prevent the premature conversion of agricultural lands to other
uses, and did not adequately curtail urban sprawl. The Final Order pertained primarily to lands designated
Agricultural/Rural on the Future Land Use Map of the GMP.
To address the Final Order for the Agricultural/Rural Lands, generally located east of Collier Boulevard and west
of Golden Gate Estates, the County developed the Rural Fringe Mixed Use District (RFMUD), adopted in 2002.
The RFMUD directs development away from environmentally sensitive lands (Sending Lands) to lands that are
more appropriate for development (Receiving Lands). For Sending Lands, numerous land uses were eliminated,
and density reduced. To compensate for presumed reduction in property values caused by the elimination of uses
and reduction in density, a voluntary Transfer of Devel opment Rights (TDR) program was established to allow
owners of Sending Lands to sever residential development rights which could then be sold and transferred to
Receiving Lands. There are four types of TDR credits, a base credit and three bonus credits (ea ch at a transfer ratio
of 1 credit/5 acres or legal non-conforming parcel). The Board established a minimum value of $25,000 for the base
TDR credit to adequately compensate property owners.
To address the community’s general concerns about the effectiveness of the Program, the Board directed the
restudy of the RFMUD in 2015. As part of the restudy, staff conducted public outreach, including six public
workshops, a dedicated project web page, and survey, all of which were overseen by the Growth Management
Oversight Committee (members of the public appointed by the Board of County Commissioners per Resolution No.
15-224). Recommendations from those outreach efforts included the elimination of the minimum value of the Base
TDR Credit. 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 at three public
workshops; direction was provided to staff to remove the minimum value of the TDR Base Credit from the
RFMUD provisions. On September 25, 2018, the Board directed staff to prepare Growth Management Plan and
Land Development Code amendments to the RFMUD, including the removal of the minimum value of $25,000 for
the Base TDR Credit to allow the market to determine the value.
DSAC RECOMMENDATION: The Development Services Advisory Committee (DSAC) reviewed the
amendment on September 7, 2022, and recommended approval.
On December 15, 2020, the DSAC-LDR Subcommittee recommended approval of this LDCA, contingent upon
staff modifying the narrative to include a reference to the Growth Management Oversight Committee’s (GMOC)
participation in the RFMUD Restudy; and, providing confirmation that the proposed LDCA does not constitute a
regulatory taking. Staff modified the narrative to add the requested reference to the GMOC. As noted in the
background section of this amendment, the RFMUD was adopted by the Board in 2002 with the established
minimum value of $25,000 for the Base TDR Credit. Subsequent to adoption, the RFMUD was amended to provide
Sending Lands owners the opportunity to receive three (3) additional bonus TDR Credits at market rate. The initial
Base TDR Credit was valued at $25,000 to provide compensation for the presumed loss in value based upon the
reduction in density, elimination of numerous land uses and significant increase in native vegetation retention
requirements. The additional bonus TDR Credits added to the TDR Base Credit (at market rate) provide the
16.A.5
Packet Pg. 557
12/13/2022
potential for a greater compensatory value, depending on property location, than was intended at the outset of the
RFMUD TDR Program.
CCPC RECOMMENDATION: The Collier County Planning Commission reviewed the amendment on
November 3, 2022, and recommended approval.
FISCAL IMPACT: The cost associated with advertising the Ordinance amending the Land Development Code
are estimated at $1,008.00. Funds are available within Unincorporated Area General Fund (111), Zoning & Land
Development Cost Center (138319).
LEGAL CONSIDERATIONS: This item is approved as to form and Legality. Board direction requires a
majority vote for approval. (HFAC)
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
RECOMMENDATION: To direct staff to advertise and bring back for a public hearing, an Ordinance amending
the LDC.
Prepared by: Eric L. Johnson, AICP, LDC Planning Manager, Zoning Division
ATTACHMENT(S)
1. PL20200002482 - RFMUD TDR Change Draft Ordinance (11-07-2022) (PDF)
2. PL20200002482 - RFMUD TDR Change LDCA (11-09-2022) (PDF)
16.A.5
Packet Pg. 558
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 23709
Item Summary: Recommendation to direct staff to advertise and bring back for a public hearing, an Ordinance
amending the Land Development Code, to eliminate the $25,000 minimum value of the Transfer of Development
Rights Base Credit in the Rural Fringe Mixed-Use Zoning Overlay District.
Meeting Date: 12/13/2022
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
10/19/2022 4:23 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
10/19/2022 4:23 PM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 10/20/2022 7:37 AM
Growth Management Department Diane Lynch Growth Management Department Completed 11/07/2022 12:55 PM
Growth Management Department Eric Johnson Transportation Skipped 10/19/2022 4:23 PM
County Attorney's Office Derek D. Perry Additional Reviewer Skipped 11/16/2022 1:28 PM
County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 11/17/2022 1:21 PM
Growth Management Department James C French Growth Management Completed 11/23/2022 3:59 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2022 10:10 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/28/2022 1:52 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/01/2022 8:36 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/05/2022 2:53 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
16.A.5
Packet Pg. 559
DRAFT Ord. 11-7-22
[22-CPS-02267/1752949/1] 25 Page 1 of 6
Words struck through are deleted, words underlined are added
11-07-22
ORDINANCE 2022 - ____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO REMOVE
THE $25,000 MINIMUM VALUE OF THE TRANSFER OF DEVELOPMENT
RIGHTS (TDR) BASE CREDIT IN THE RURAL FRINGE MIXED USE DISTRICT
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS
OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND
DEVELOPMENT CODE MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER 2 ZONING DISTRICTS AND USES INCLUDING SECTION 2.03.07
OVERLAY ZONING DISTRICTS; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY
LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE.
[PL20200002482]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended the Collier County Land Development Code which had an effective date of October 18,
2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning agency,
did hold an advertised public hearing on November 3, 2022, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
an advertised public hearing on ___________________________, 2022, and did take action
concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required by
Subsections 163.3194(1) and 163.3202(1), Florida Statutes; and
16.A.5.a
Packet Pg. 560 Attachment: PL20200002482 - RFMUD TDR Change Draft Ordinance (11-07-2022) (23709 : Direction to Advertise LDC Amendment)
DRAFT Ord. 11-7-22
[22-CPS-02267/1752949/1] 25 Page 2 of 6
Words struck through are deleted, words underlined are added
11-07-22
WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community
Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as is
fully set forth.
SECTION TWO: FINDINGS OF FACT
The Board of County Commissioners of Collier County, Florida, hereby makes the
following findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., The Florida Community Planning Act
(hereinafter the “Act”), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1), F.S.,
mandates that Collier County adopt land development regulations that are consistent with and
implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and
enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or
amended by Collier County be consistent with the adopted comprehensive plan, or element
or portion thereof, and any land regulations existing at the time of adoption which are not
consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of
innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan
(hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to
the requirements of § 163.3161, et seq., F.S.
16.A.5.a
Packet Pg. 561 Attachment: PL20200002482 - RFMUD TDR Change Draft Ordinance (11-07-2022) (23709 : Direction to Advertise LDC Amendment)
DRAFT Ord. 11-7-22
[22-CPS-02267/1752949/1] 25 Page 3 of 6
Words struck through are deleted, words underlined are added
11-07-22
7. Section 163.3194(1)(a), F.S. mandates that after a comprehensive plan, or element or portion
thereof, has been adopted in conformity with the Act, all development undertaken by, and all
actions taken in regard to development orders by, governmental agencies in regard to land
covered by such comprehensive plan or element shall be consistent with such comprehensive
plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall
be consistent with the comprehensive plan if the land uses, densities or intensities, and other
aspects of development are compatible with, and further the objectives, policies, land uses,
densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated
by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local
governmental shall be consistent with the comprehensive plan if the land uses, densities or
intensities, capacity or size, timing, and other aspects of development are compatible with,
and further the objectives, policies, land uses, densities, or intensities in the comprehensive
plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land Development Code,
which became effective on November 13, 1991. The Land Development Code adopted in
Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary to preserve
and enhance the present advantages that exist in Collier County; to encourage the most
appropriate use of land, water and resources consistent with the public interest; to overcome
present handicaps; and to deal effectively with future problems that may result from the use
and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population;
to facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly
growth and development, the character and stability of present and future land uses and
development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to implement the Land
Development Code in accordance with the provisions of the Collier County Comprehensive
16.A.5.a
Packet Pg. 562 Attachment: PL20200002482 - RFMUD TDR Change Draft Ordinance (11-07-2022) (23709 : Direction to Advertise LDC Amendment)
DRAFT Ord. 11-7-22
[22-CPS-02267/1752949/1] 25 Page 4 of 6
Words struck through are deleted, words underlined are added
11-07-22
Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to
the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
* * * * * * * * * * *
SUBSECTION 3.A. AMENDMENTS TO SECTION 2.03.07 – OVERLAY ZONING DISTRICTS
* * * * * * * * * * *
D. Special Treatment Overlay (ST).
* * * * * * * * * * *
4. Transfer of Development Rights (TDR)
* * * * * * * * * * *
f. Procedures applicable to the severance and redemption of TDR credits and the
generation of TDR Bonus credits from RFMU sending lands.
* * * * * * * * * * *
ii. In order to facilitate the County’s monitoring and regulation of the TDR
Program, the County shall serve as the central registry for all TDR
severances, transfers (sales) and redemptions, as well as maintain a public
listing of TDR credits available for sale along with a listing of purchasers
seeking TDR credits. No TDR credit generated from RFMU sending lands
may be utilized to increase density in any area unless the following
procedures are complied with in full.
* * * * * * * * * * *
16.A.5.a
Packet Pg. 563 Attachment: PL20200002482 - RFMUD TDR Change Draft Ordinance (11-07-2022) (23709 : Direction to Advertise LDC Amendment)
DRAFT Ord. 11-7-22
[22-CPS-02267/1752949/1] 25 Page 5 of 6
Words struck through are deleted, words underlined are added
11-07-22
a) TDR credits shall not be used to increase density in either non-RFMU
Receiving Areas of RFMU receiving lands until severed from RFMU
sending lands. TDR credits shall be deemed to be severed from RFMU
sending lands at such time as a TDR credit Certificate is obtained from
the County. TDR credit Certificates shall be issued only by the County
and upon submission of the following:
* * * * * * * * * * *
v) a statement identifying the prices, or value of other
remuneration, paid to the owner of the RFMU sending lands
from which the TDR credits were generated and that the
value of any such remuneration is at least $25,000 per TDR
credit, unless such owner retains ownership of the TDR
credits after they are severed, unless the RFMU or non-
RFMU receiving lands on which the TDR credits will be
redeemed and the RFMU sending lands from which the
TDR credits were generated are owned by the same
persons or entities or affiliated persons or entities; and
vi) a statement attesting that the TDR credits are not being
severed from RFMU sending lands in violation of subsection
2.03.07 D.4.c.vi.b) of the Code.
vii) documented evidence that, if the property from which TDRs
are being severed is subject to a mortgage, lien, or any other
security interest; the mortgagee, lien holder, or holder of the
security interest has consented to the recordation of the
Limitation of Development Rights Agreement required for
TDR severance; transfer (sale) of TDR credit; and
redemption of TDR credit.
* * * * * * * * * * *
16.A.5.a
Packet Pg. 564 Attachment: PL20200002482 - RFMUD TDR Change Draft Ordinance (11-07-2022) (23709 : Direction to Advertise LDC Amendment)
DRAFT Ord. 11-7-22
[22-CPS-02267/1752949/1] 25 Page 6 of 6
Words struck through are deleted, words underlined are added
11-07-22
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,”
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of ________________, 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By: ________________________ By: ________________________________
, Deputy Clerk William L. McDaniel, Jr., Chairman
Approved as to form and legality:
___________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
16.A.5.a
Packet Pg. 565 Attachment: PL20200002482 - RFMUD TDR Change Draft Ordinance (11-07-2022) (23709 : Direction to Advertise LDC Amendment)
1
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2022\Dec 13\PL20200002482 - RFMUD TDR Change LDCA (11-09-
2022).docx
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200002482
SUMMARY OF AMENDMENT
An amendment to LDC section 2.03.07 for the Rural Fringe Mixed Use
District to eliminate the $25,000 minimum value of the TDR Base Credit.
LDC SECTION TO BE AMENDED
ORIGIN
Board of County
Commissioners (Board)
HEARING DATES
BCC
CCPC
DSAC
DSAC-LDR
TBD
11/03/2022
10/06/2022
09/07/2022
12/15/2020
2.03.07 Overlay Zoning Districts
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with condition
DSAC
Approval
CCPC
Approval
BACKGROUND
In June 1999, the State of Florida issued a Final Order, Case ACC-99-002, determining the County’s Evaluation
and Appraisal Report -based amendments to the Growth Management Plan (GMP) were not in compliance with
State law based upon finding that included that the amendments did not provide adequate protection for listed
species and their habitat , did not prevent the premature conversion of agricultural lands to other uses , and did not
adequately curtail urban sprawl. The Final Order pertained primarily to lands designated Agricultural/Rural on
the Future Land Use Map of the GMP.
To address the Final Order for the Agricultural/Rural Lands, generally located east of Collier Boulevard and west
of Golden Gate Estates, the County developed the Rural Fringe Mixed Use District (RFMUD), adopted in 2002.
The RFMUD directs development away from environmentally sensitive lands (Sending Lands) to lands that are
more appropriate for development (Receiving Lands). For Sending Lands, numerous land uses were eliminated,
and density reduced. To compensat e for presumed reduction in property values caused by the elimination of uses
and reduction in density, a voluntary Transfer of Development Rights (TDR) program was established to allow
owners of Sending Lands to sever residential development rights which could then be sold and transferred to
Receiving Lands. There are four types of TDR credits, a base credit and three bonus credits (each at a transfer
ratio of 1 credit/5 acres or legal non -conforming parcel). The Board established a minimum value of $25,000 for
the base TDR credit to adequately compensate property owners.
To address the community’s general concerns about the effectiveness of the Program, t he Board directed the
restudy of the Rural Fringe Mixed Use District (RFMUD) in 2015. As part of the restudy, staff conducted public
outreach, including six public workshops, a dedicated project web page, and survey, all of which were overseen
by the Growth Management Oversight Committee (members of the public appointed by the Board of County
Commissioners per Resolution No. 15-224). Recommendations from those outreach efforts i ncluded the
elimination of the minimum value of the Base TDR Credit. 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 at three public workshops; direction was provided to staff to remove the minimum value
of the TDR Base Credit from the RFMUD provisions. On September 25, 2018, the Board directed staff to prepare
16.A.5.b
Packet Pg. 566 Attachment: PL20200002482 - RFMUD TDR Change LDCA (11-09-2022) (23709 : Direction to Advertise LDC Amendment)
2
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2022\Dec 13\PL20200002482 - RFMUD TDR Change LDCA (11-09-
2022).docx
Growth Management Plan and Land Development Code amendments to the RFMUD, including the removal of
the minimum value of $25,000 for the Base TDR Credit to allow the market to determine the value.
DSAC-LDR Subcommittee Recommendation:
On December 15, 2020, the DSAC-LDR Subcommittee recommended approval of this LDCA,
contingent upon staff modifying the narrative to include a reference to the Growth Management
Oversight Committee ’s (GMOC) participation in the RFMUD Restudy; and, providing confirmation that
the proposed LDCA does not constitute a regulatory taking.
Staff modified the narrative to add the requested reference to the GMOC. As noted in the background
section of this amendment, the RFMUD was adopted by the Board in 2002 with the established minimum
value of $25,000 for the Base TDR Credit. Subsequent to adoption, t he RFMUD was amended to provide
Sending Lands owners the opportunity to receive three (3) additional bonus TDR Credits at market rate.
The initial Base TDR Credit was valued at $25,000 to provide compensation for the presumed loss in
value based upon the reduction in density, elimination of numerous land uses and significant increase in
native vegetation retention requirements. The additional bonus TDR Credits added to the TDR Base
Credit (at market rate) provide the potential for a greater compensatory value, depending on property
location, than was intended at the outset of the RFMUD TDR Program.
FISCAL & OPERATIONAL IMPACTS
There are no fiscal or operational impacts
associated with this amendm ent.
GMP CONSISTENCY
The proposed LDCA is consistent with the Goals, Objective
and Policies of the Rural Fringe Mixed Use District of the
Growth Manangement Plan.
EXHIBITS: A) Rural Fringe Mixed Use District Map
16.A.5.b
Packet Pg. 567 Attachment: PL20200002482 - RFMUD TDR Change LDCA (11-09-2022) (23709 : Direction to Advertise LDC Amendment)
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
3
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2022\Dec 13\PL20200002482 - RFMUD TDR Change LDCA (11-
09-2022).docx
Amend the LDC as follows:
1
2.03.07 Overlay Zoning Districts 2
3
* * * * * * * * * * * * * 4
D. Special Treatment Overlay (ST). 5
* * * * * * * * * * * * * 6
4. Transfer of Development Rights (TDR). 7
* * * * * * * * * * * * * 8
f. Procedures applicable to the severance and redemption of TDR credits and 9
the generation of TDR Bonus credits from RFMU sending lands. 10
* * * * * * * * * * * * * 11
ii. In order to facilitate the County’s monitoring and regulation of the 12
TDR Program, the County shall serve as the central registry for a ll 13
TDR severances, transfers (sales) and redemptions, as well as 14
maintain a public listing of TDR credits available for sale along with 15
a listing of purchasers seeking TDR credits. No TDR credit 16
generated from RFMU sending lands may be utilized to increase 17
density in any area unless the following procedures are complied 18
with in full. 19
20
* * * * * * * * * * * * * 21
22
a) TDR credits shall not be used to increase density in either 23
non-RFMU Receiving Areas of RFMU receiving lands until 24
severed from RFMU sending lands. TDR credits shall be 25
deemed to be severed from RFMU sending lands at such 26
time as a TDR credit Certificate is obtained from the County. 27
TDR credit Certificates shall be issued only by the County 28
and upon submission of the following: 29
30
* * * * * * * * * * * * * 31
v) a statement identifying the price, or value of other 32
remuneration, paid to the owner of the RFMU 33
sending lands from which the TDR credits were 34
generated and that the value of any such 35
remuneration is at least $25,000 per TDR credit , 36
unless such owner retains ownership of the TDR 37
credits after they are severed, unless the RFMU or 38
non-RFMU receiving lands on which the TDR 39
credits will be redeemed and the RFMU sending 40
lands from which the TDR credits were generated 41
are owned by the same persons or entities or 42
affiliated persons or entities; and 43
44
vi) a statement attesting that the TDR credits are not 45
being severed from RFMU sending lands in 46
violation of subsection 2.03.07 D.4.c.vi.b) of the 47
Code. 48
49
16.A.5.b
Packet Pg. 568 Attachment: PL20200002482 - RFMUD TDR Change LDCA (11-09-2022) (23709 : Direction to Advertise LDC Amendment)
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
4
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2022\Dec 13\PL20200002482 - RFMUD TDR Change LDCA (11-
09-2022).docx
vii) documented evidence that, if the property from 1
which TDRs are being severed is subject to a 2
mortgage, lien, or any other security interest; the 3
mortgagee, lien holder, or holder of the security 4
interest has consented to the recordation of the 5
Limitation of Development Rights Agreement 6
required for TDR severance; transfer (sale) of TDR 7
credit; and redemption of TDR credit. 8
9
* * * * * * * * * * * * * 10
# # # # # # # # # # # # # 11
16.A.5.b
Packet Pg. 569 Attachment: PL20200002482 - RFMUD TDR Change LDCA (11-09-2022) (23709 : Direction to Advertise LDC Amendment)
Exhibit A – Rural Fringe Mixed Use District Map
5
G:\LDC Amendments \Advisory Boards and Public Hearings \BCC\2022\Dec 13\PL20200002482 - RFMUD TDR Change LDCA (11-
09-2022).docx
16.A.5.b
Packet Pg. 570 Attachment: PL20200002482 - RFMUD TDR Change LDCA (11-09-2022) (23709 : Direction to Advertise LDC Amendment)