Resolution 2009-302
RESOLUTION 2009- 302
A Resolution of the Collier County Board
of County Commissioners designating
7,414.0 Acres in the Rural Lands
Stewardship Area Zoning Overlay District
as a Stewardship Sending Area with a
designation as "BCI/BCP/SI SSA 13"
pursuant to the terms set forth in the
Escrow Agreement, Stewardship Sending
Area Credit Agreement for BCI/BCP/SI
SSA 13, and Stewardship Easement
Agreement for BCIIBCP/SI SSA 13;
approving a Stewardship Sending Area
Credit Agreement for BCI/BCP/SI SSA 13;
approving a Stewardship Easement
Agreement for BCIIBCP/SI SSA 13;
approving an Escrow Agreement for
BCI/BCP/SI SSA 13; and establishing the
number of stewardship credits generated
by the designation of said Stewardship
Sending Area
WHEREAS, Barron Collier Investments, Ltd., a Florida Limited
Partnership ("BCI"), Barron Collier Partnership, LLLP, a Florida Limited Liability
Limited Partnership, formerly known as Barron Collier Partnership, a Florida
General Partnership ("BCP"), and Serenoa Investments, Inc., a Florida
Corporation, formerly known as ECST East Corporation ("SI") owns
approximately seven thousand four hundred fourteen and zero tenths (7,414.0)
acres of land 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 BCI/BCP/SI SSA 13 Stewardship Sending
Area Credit and Stewardship Easement Agreement; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the BCI/BCP/SI SSA 13 land; and
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WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LOC,
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 BCI/BCP/SI SSA 13, and Stewardship Easement Agreement for
BCI/BCP/SI SSA 13 are in compliance with, and meet the requirements of the
LOC, and provide a substantial benefit to the general public.
NOW, THEREFORE, be it resolved by the Board that:
1.
BCI/BCP/SI SSA 13, as described in attached Exhibit 1, consisting
of approximately seven thousand four hundred fourteen and zero
tenths (7,414.0) acres of land is hereby designated as a
Stewardship Sending Area ("SSA"), and will be officially designated
as "BCI/BCP/SI SSA 13" on the Official Zoning Atlas Map pursuant
to the terms of the Escrow Agreement for BCI/BCP/SI SSA 13,
Stewardship Sending Area Credit Agreement for BCI/BCP/SI SSA
13 and the Stewardship Easement Agreement for BCI/BCP/SI SSA
13.
2.
The Stewardship Area Credit Agreement for BCI/BCP/SI SSA 13,
attached hereto as Exhibit 2, meets the requirements of Section
4.08.06 of the LOC and the Board hereby approves the
Stewardship Area Credit Agreement for BCI/BCP/SI SSA 13.
The Stewardship Easement for BCI/BCP/SI SSA 13, 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 BCI/BCP/SI SSA 13.
3.
4.
The Escrow Agreement for BCI/BCP/SI SSA 13, 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 BCI/BCP/SI SSA 13 and the Stewardship Easement
Agreement until such time as the Serenoa Stewardship Receiving
Area project 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 development
project consistent with the provisions of Section 4.08.07 of the
Collier County Land Development Code.
5.
The Board hereby establishes, grants and assigns twenty
thousand and nine hundred and sixteen and one tenth (20,916.1)
Stewardship Credits to the Owner, which may be sold, transferred,
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or otherwise utilized by the Owner in accordance with Section
4.08.04 of the LOC and the terms of the Escrow Agreement for
BCI/BCP/SI SSA 13; Stewardship Sending Area Credit Agreement
for BCI/BCP/SI SSA 13 and the Stewardship Easement Agreement
for BCI/BCP/SI SSA 13.
6. The Board hereby establishes and authorizes an additional six
thousand five hundred and ninety nine and two tenths (6,599.2)
Stewardship Credits to be transferred to the Owner under the terms
of the Credit Agreement attached hereto as Exhibit 2.
7. The Board further approves and authorizes the acceptance of the
Stewardship Easement Agreement for the BCI/BCP/SI SSA 13
lands.
8. 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 BCI/BCP/SI SSA 13
Credit Stewardship Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this 154~ day of Der.UJ'/lkt( 2009, after
a Motion, seconded, and majority vote favoring same.
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Approved as to form and
legal s1ic~ency: A /" -
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By: eldl Ashton-C1cko, ASSistant County Attorney
Land Use Section, Chief
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
fi!w~ J~
D NNA FIALA, Chairman
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EXHIBITS FOR THIS
DOCUMENT MAY BE
VIEWED IN THE
DECEMBER 15, 2009
BCC MEETING
BACK-UP DOCUMENTS
AGENDA ITEM #17D