Agenda 01/24/2023 Item #17J (To obtain Board approval of a proposed LDC amendment to remove the $25,000 minimum value of the TDR Base Credit in the Rural Fringe Mixed Use District)01/24/2023
EXECUTIVE SUMMARY
Recommendation to approve 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 specific ally amending the
following: Chapter 2 Zoning Districts and Uses including Section 2.03.07 Overlay Zoning District; Section
Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and
Section Six, Effective Date. [PL20200002482]
______________________________________________________________________________
OBJECTIVE: To obtain Board approval of a proposed Land Development Code (LDC) amendment to remove the
$25,000 minimum value of the TDR Base Credit in the Rural Fringe Mixed Use 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 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), which was 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 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 TDR base 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 TDR
Base 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.
FISCAL IMPACT: The costs associated with processing and advertising the proposed LDC amendment are
estimated at $2,016.00. Funds have been allocated within Unincorporated Area General Fund (111),
Comprehensive Planning Cost Center (138317).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. An affirmative vote of four is
needed for Board approval. [HFAC]
DSAC RECOMMENDATION: The Development Services Advisory Committee (DSAC) reviewed the
17.J
Packet Pg. 1487
01/24/2023
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
potential for a greater compensatory value, depending on property location, than was intended at the outset of the
RFMUD TDR Program.
CCPC RECOMMENDATION: The CCPC reviewed the amendment on November 3, 2022 and voted
unanimously to recommend that the Board approve the proposed amendment to remove the $25,000 minimum
value of the TDR Base Credit.
RECOMMENDATION: To approve the proposed Ordinance amending the Land Development Code.
Prepared By: Michele Mosca, AICP, Planner III, Zoning Division
ATTACHMENT(S)
1. Ordinance - 121622FNL (PDF)
2. legal ad - agenda ID 24165 (PDF)
17.J
Packet Pg. 1488
01/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.J
Doc ID: 24165
Item Summary: Recommendation to approve 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 District; Section Four,
Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date. [PL20200002482]
Meeting Date: 01/24/2023
Prepared by:
Title: Planner, Principal – Zoning
Name: Michele Mosca
12/20/2022 6:16 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
12/20/2022 6:16 PM
Approved By:
Review:
Zoning Eric Johnson Additional Reviewer Completed 12/21/2022 10:46 AM
Zoning Mike Bosi Division Director Completed 12/22/2022 8:05 AM
Growth Management Department Diane Lynch Growth Management Department Completed 12/28/2022 4:35 PM
Growth Management Department James C French Growth Management Completed 12/29/2022 6:12 PM
County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 01/04/2023 11:47 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/04/2023 12:00 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/04/2023 12:22 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/13/2023 10:38 AM
County Manager's Office Ed Finn Additional Reviewer Completed 01/17/2023 4:42 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/18/2023 1:26 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/24/2023 9:00 AM
17.J
Packet Pg. 1489
17.J.1
Packet Pg. 1490 Attachment: Ordinance - 121622FNL (24165 : LDC Amendment to remove the $25,000 minimum value of the TDR Base Credit)
17.J.1
Packet Pg. 1491 Attachment: Ordinance - 121622FNL (24165 : LDC Amendment to remove the $25,000 minimum value of the TDR Base Credit)
17.J.1
Packet Pg. 1492 Attachment: Ordinance - 121622FNL (24165 : LDC Amendment to remove the $25,000 minimum value of the TDR Base Credit)
17.J.1
Packet Pg. 1493 Attachment: Ordinance - 121622FNL (24165 : LDC Amendment to remove the $25,000 minimum value of the TDR Base Credit)
17.J.1
Packet Pg. 1494 Attachment: Ordinance - 121622FNL (24165 : LDC Amendment to remove the $25,000 minimum value of the TDR Base Credit)
17.J.1
Packet Pg. 1495 Attachment: Ordinance - 121622FNL (24165 : LDC Amendment to remove the $25,000 minimum value of the TDR Base Credit)
17.J.2
Packet Pg. 1496 Attachment: legal ad - agenda ID 24165 (24165 : LDC Amendment to remove the $25,000 minimum value of the TDR Base Credit)