Resolution 2008-331
RESOLUTION 2008- 331
A Resolution of the Collier County Board
of County Commissioners designating
1,713.5 Acres in the Rural Land
Stewardship Area Zoning Overlay District
as a Stewardship Sending Area with a
designation as "CLH SSA 14"; pursuant to
the terms set forth in the Escrow
Agreement, Stewardship Sending Area
Credit Agreement for CLH SSA 14, and
Stewardship Easement Agreement for CLH
SSA 14; approving a stewardship Sending
Area Credit Agreement for SSA 14;
approving a Stewardship Easement
Agreement for CLH SSA 14; approving an
Escrow Agreement for CLH SSA 14; and
establishing the number of stewardship
credits generated by the designation of
said Stewardship Sending Area
WHEREAS, Collier Land Holdings, Ltd., a Florida limited partnership,
owns approximately one thousand seven hundred and thirteen and five tenths
(1,713.5) acres located within the boundaries of the Rural Lands Stewardship
Area Zoning Overlay District ("RLSA District") located in Collier County, Florida;
and
WHEREAS, Owner has voluntarily requested that said land be designated
as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to
Section 4.08.06 of the Collier County Land Development Code ("LDC") and the
terms of the Escrow Agreement for CLH SSA 14 Stewardship Sending Area
Credit Agreement and Stewardship Easement Agreement; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the CLH SSA 14 land; and
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LDC,
and determined that the Application is legally sufficient; and
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement, Stewardship Sending Area Credit
Agreement for CLH SSA 14, and Stewardship Easement Agreement for CLH
SSA 14 are in compliance with, and meet the requirements of the LDC and
provide a substantial benefit to the general public.
NOW, THEREFORE, be it resolved by the Board that:
1.
CLH SSA 14, as described in attached Exhibit 1, consisting of one
thousand seven hundred and thirteen and five tenths (1,713.5)
acres is hereby designated as a Stewardship Sending Area
("SSA"), and will be officially designated as "CLH SSA 14" on the
Official Zoning Atlas Map pursuant to the terms of the Escrow
Agreement for CLH SSA 14, Stewardship Sending Area Credit
Agreement for CLHSSA 14 and the Stewardship Easement
Agreement for CLH SSA 14.
2.
The Stewardship Sending Area Credit Agreement for CLH SSA 14,
attached hereto as Exhibit 2, meets the requirements of Section
4.08.06 of the LDC and the Board hereby approves the
Stewardship Sending Area Credit Agreement for CLH SSA 14.
3.
The Stewardship Easement Agreement for CLH SSA 14, attached
hereto as Exhibit 3, meets the requirements of Section 4.08.06 of
the LDC and the Board hereby approves the Stewardship
Easement Agreement for CLH SSA 14.
4.
The Escrow Agreement for CLH SSA 14, attached hereto as Exhibit
4, is hereby approved by the Board which provides for the delay of
the recordation of the Stewardship Sending Area Credit Agreement
for CLH SSA 14 and the Stewardship Easement Agreement until
such time as the proposed Town of Big Cypress SRA has received
the necessary final and non-appealable local, state and federal
permits, other than plat, site development plan and building permit,
necessary to construct the Town of Big Cypress consistent with the
provisions of Section 4.08.07 of the Collier County Land
Development Code.
5.
The Board hereby establishes, grants and assigns two thousand
five hundred and fifteen and seven tenths (2,515.7) Stewardship
Credits to the Owner, which may be sold, transferred, or otherwise
utilized by the Owner in accordance with Section 4.08.04 of the
LDC and the terms of the Escrow Agreement for CLH SSA 14;
Stewardship Sending Area Credit Agreement for CLH SSA 14 and
the Stewardship Easement Agreement for CLH SSA 14.
2.
6.
The Board further approves and authorizes the acceptance of the
Stewardship Easement Agreement for the CLH SSA 14 lands.
7.
By its designation of the lands described in Exhibit 1 as a
Stewardship Sending Area, the County shall not hereafter grant or
approve any increase in the density or additional uses beyond
those uses specifically authorized in the CLH SSA 14 Stewardship
Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this 18th day of November, 2008, after a
Motion, seconded, and majority vote favoring same.
'.1,.,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FL RIDA
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~ Atte$l.~~'to Cllll Wdml~ Clerk
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Approved as to form and
leg~1 jUffiCiency:
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By: Heidi Ashton, Assistant County Attorney
Land Use Section, Chief
, Chairman