BCC Minutes 05/11/2017 W (pm) (Master Plan Update Rural Fringe Mixed Use District Decision Points) May 11. 2017
1
MINUTES OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS WORKSHOP MEETING
Naples, Florida, May 11, 2017
LET IT BE REMEMBERED the Board of County Commissioners in and for the
County of Collier, having conducted business herein, met on this date at 1:00 PM in a
WORKSHOP SESSION in Building “F” of the Government Complex, Naples, Florida
with the Following members present:
Chairman: Penny Taylor
Vice Chairman: Andy Solis
Donna Fiala
Burt L. Saunders
William L. McDaniel, Jr.
ALSO PRESENT: Leo Ochs, County Manager
Jeff Klatzkow, County Attorney
Troy Miller, TV Operations Manager
Kris Van Lengen, Community Planning Manager
Anita Jenkins, Principal Planner
COLLIER COUNTY
Board of County Commissioners
,k l 1 j
� fa
r
WORKSHOP AGENDA
MASTER PLAN UPDATE
RURAL FRINGE MIXED USE DISTRICT DECISION POINTS
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East,3rd Floor
Naples,FL 34112
May 11,2017
1:00 PM
Commissioner Penny Taylor,District 4-BCC Chair
Commissioner Andy Solis,District 2-BCC Vice-Chair
Commissioner Donna Fiala,District 1;CRAB Co-Chair
Commissioner Burt Saunders,District 3
Commissioner William L.McDaniel,Jr.,District 5;CRAB Co-Chair
Notice:All persons wishing to speak must turn in a speaker slip.Each speaker will receive no more than three(3)minutes.
Collier County Ordinance No.2003-53 as amended by Ordinance 2004-05 and 2007-24,requires that all lobbyists shall,
before engaging in any lobbying activities(including but not limited to,addressing the Board of County Commissioners),
register with the Clerk to the Board at the Board Minutes and Records Department.
1. PLEDGE OF ALLEGIANCE
2. WORKSHOP TOPICS
2.1. Introduction and Overview
2.2. Receiving Lands Development Pattern
2.3. Sending Lands: Public Ownership
3. PUBLIC COMMENTS
4. ADJOURN
Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at
252-8383.
May 11. 2017
2
Any persons in need of the verbatim record of the meeting may request a copy of the video recording
from the Collier County Communications and Customer Relations Department or view online.
1. Pledge of Allegiance
The Pledge of Allegiance was recited.
2. Workshop Topics
2.1 Introduction Overview
Mr. Van Lengen reported:
A BCC Workshop was held on January 3, 2017 where Staff received direction on the
amendments to the Growth Management Plan for the RFMUD in 3 areas:
No further consideration for development of a County TDR Bank.
Return with information for consideration on the density to be allowed in the
receiving areas.
Other concepts for future ownership of sending lands (other than a TDC Bank).
The amendments are scheduled to be transmitted to the BCC in the Fall of 2017 and
forwarded to the State following BCC approval and adopt GMP amendments in 2018.
2.2 Receiving Lands Development Patterns
Ms. Jenkins introduced the PowerPoint” Rural Fringe Mixed-Use District (RFMUD) Restudy
Direction Board of County Commissioners Workshop May 11, 2017” noting:
At the first workshop the BCC requested Staff to consider items such as future population
growth, environmental and water resources, integrating environmental functions of land
with development, transportation impacts, housing affordability and flexibility to plan for
future preferences when proposing densities for the area.
Currently there are 3 types of residential development permitted in the receiving areas:
large scale single family lots, cluster housing (gated communities) and villages at a density
of 3 units per acre.
Staff developed 3 scenarios for testing for the allowed, but not guaranteed density of the
south receiving area north of US41 and East of Collier Blvd, baseline (gross density 2.5
acres), midrange (gross density 3.5 acres) and high range (gross density 5.7 acres)
Objectives for development of the area include complementary land uses, housing diversity
and affordability, adequate transportation and mobility networks, provision of economic
diversity and vitality.
Public input indicated a preference for development of mixed-use villages with the current
minimum requirements for a village being a property 300 acres or more in size.
Staff proposed 3 points for consideration by the BCC:
1. Removing the limit of one village permitted per receiving area.
2. Density of Villages – Staff recommends 4 – 7 units per acre.
3. Density of Cluster Development – Staff recommends 2 units per acre.
Speakers
Alison Wescott, Conservancy of Southwest Florida supports Staff’s recommendation for
increasing density through the use of TDR’s to help support the proposed land uses and economic
vitality of the areas. She recommends creating a streamlined permit process for development of
the targeted areas through the use of zoning overlays, etc.
May 11. 2017
3
Nick Kouloheras stressed the need for housing affordability and the current density of 2 units per
acre does not promote housing affordability.
Tim Hancock, Stantec noted for a successful program, regulations need to facilitate operation in
the marketplace which is the ultimate determination for the demand of the credits. Each receiving
area has different parameters and recommended the requirements be distinct for each one to ensure
their individual characteristics are addressed. Any regulations developed, where feasible should
have built in flexibility so they may be easily amended to address changing demands by
consumers.
Brad Cornell, Audubon of the Western Everglades supports Staff’s recommendation for the
density increase and there needs to be flexibility in the regulations to adjust to changing times.
The focus should be on the type of community envisioned in the areas as opposed to the density
goal.
Bill Barton wants to ensure any changes incorporated into the standards deal with the increased
stormwater runoff created by the development and the regulations address provisions for any
flowways in the receiving areas. The canals are already overburdened as during their original
development, the current volume of water encountered was not anticipated by those who designed
them. Consideration should be given to promoting development of large scale retention facilities
in these areas as water could be pumped from existing canals to these holding areas.
Robert Mulhere, Rural Fringe Coalition noted stakeholders were heavily engaged in the process
and recommended the goals in the Growth Management Plan be broad based and the Land
Development Code (LDC) provide the details to implement the program given the LDC is much
easier to amend from time to time.
Bruce Anderson, Rural Fringe Coalition noted the Coalition undertook a study with 24
recommendations, many of which are incorporated into Staff’s 41 recommendations. He noted the
program should be incentive based to ensure a successful outcome.
Mike Timmerman, Myers Group noted impact of existing densities and development needs to be
considered in any analysis, not just future development.
Staff noted they did consider uses outside the targeted receiving areas when developing theIR
models for development.
Under BCC discussions, the following was noted:
Staff should provide models of development of the areas with no regulation in place, the
current regulations and any proposed regulations for analysis purposes.
It is important to ensure flexibility is built into the program to aid in managing any
unintended consequences.
Concern establishing a 300 acre minimum land area for a village may create an
environment whereby a property owner may opt to develop a property outside the
requirements for a village.
Ensure there is a balance of credits for supply and demand – Staff noted the purpose today
is to establish the density which will allow them to develop a balanced program.
Historically, it has been difficult to attract businesses and development to the area targeted
for US41 south of Collier Blvd with Staff noting the zoning changes would be a greater
incentive and eliminate uncertainty for developers who are considering developing
property in the area.
Consideration should be given to providing mechanisms in the program to protecting the
existing agricultural resources in the area including any options for lands in the “neutral
lands.” Discussion in the end of the meeting noted consideration may want to be given to
promoting agriculture uses in the sending area as well, primarily “passive agriculture,”
(tree farms, wildlife rescue operations, etc.) some of which is already occurring.
May 11. 2017
4
Straw Polls for Staff Recommendations
1. Removing the limit of one village permitted per receiving area.
Yes - Commissioners McDaniel, Saunders and Solis.
No - Commissioner Fiala and Chairman Taylor – Commissioner Fiala expressed concern on
the lack of a cap for the number of villages in the receiving area given the density of
development that may ultimately occur in these areas which would potentially alter the
character of Collier County.
2. Density of Villages – Staff recommends 4 – 7 units per acre.
Commissioner McDaniel recommended the language be revised to provide “up to 7 units per
acre” as opposed to a density from 3 – 7 acres.
Mr. Klatzkow cautioned establishing a threshold up to 7 units per acre may bequeath a certain
density and the County could face a Bert Harris claim should it be determined there is a desire
to reduce the density in the future.
Commissioner Fiala expressed concern on increasing the density to 7 units per acre without
further study.
Commissioner Saunders recommended endorsing Staff’s recommendation of a density of 4 –
7 acres at this point in time and there will be opportunities for further discussion on if the
language should be “up to 7 units per acre.”
Density of 4 – 7 acres
Yes – Commissioner McDaniel, Saunders, Solis and Chairman Taylor.
No – Commissioner Fiala.
3. Density of Cluster Development – Staff recommends 2 units per acre.
Yes – Commissioners Saunders, McDaniel, Solis, Fiala and Chairman Taylor.
2.3 Sending Lands: Public Ownership
Staff noted one major issue with the current program is there is no “receiving entity” for those in
the North Belle Meade area (as opposed to South Belle Meade where the State provides a
mechanism) whereby owners can sever their 3 and 4th credits. The BCC requested Staff to
consider the following options:
1. Should Conservation Collier accept ownership of donated sending lands if no other pubic
agency is willing?
2. Should the County continue to work toward state and federal mitigation bank applications for
portions of the donated land?
They noted:
The funding avenues for maintaining lands held by Conservation Collier include:
Provision of funds along with the donation of lands.
Creating an additional TDR on the lands made available for County use.
Creating a mitigation bank in some of the areas where appropriate.
Incorporating it into the Conservation Collier budget process.
A mitigation bank would potentially provide an avenue for the County to use wetland
mitigation credits and/or Panther Habitat Units for construction of their capital projects
essentially recycling monies back to the County instead of the funds being transferred to
another entity offering the service.
Speakers
May 11. 2017
5
Nancy Payton, Florida Wildlife Federation supports both recommendations and encouraged
reconsideration for a County. TDR bank. Funding mechanism’s would include establishing a
“1/4” millage that could be used for Conservation Collier or as a “green fee” for the County to
promote and fund other environmental projects.
Nicole Johnson, Conservancy of Southwest Florida supports Staff recommendations but
cautioned on adding additional TDR’s especially to those lands with credits currently severed as it
could negatively impact the small landowners as the large landholders will utilize these credits first
given they are already “in the program.” Consider protecting existing agriculture lands but not
creating opportunities for new agriculture development in sending areas whereby lands would be
cleared for uses such as row crops, etc.
Brad Cornell, Audubon of the Western Everglades supports staff’s recommendation for
Conservation Collier holdings. Suggested the County revisit the decision on not developing a
TDR bank.
Garrett Beyrent noted consideration should be given to identifying avenues to promote upland
off site preservation areas in the estates via urban area development.
Kay Kluever reported she is a landowner in the sending area and the County should not
discourage existing or future passive agriculture uses such as tree farms, wildlife preservation
activities, etc. that are already occurring in the area.
Straw Poll on Staff Recommendations
1. Conservation Collier
Yes - Commissioners Saunders, Fiala, Chairman Taylor.
No – Commissioners McDaniel and Solis.
Commissioner Solis needs further information on the change in processes and policies required
to the Conservation Collier program for implementing the recommendation.
2. Mitigation Bank
Yes – Commissioners Fiala, Saunders and Chairman Taylor.
No – Commissioners McDaniel and Solis.
Mr. Klatzkow noted one benefit compared to other land holding mechanisms is the parcels under
Conservation Collier’s (County) control is they may be utilized for other purposes should the
County decide at some point in the future, whereas with a mitigation bank, etc. the lands will be
held in conservation in perpetuity.
Reconsideration of Establishing a TDR Bank
Yes – Commissioners Fiala, Saunders and Chairman Taylor.
No – Commissioners McDaniel and Solis.
The Board directed Staff to categorize the 41 recommendations in the Report by those required for
the Growth Management Plan, Land Development Code and Administrative Code and return the
item for their review at a future date.
3. Public Comment
None
May 11. 2017
There being no further business for the good of the County, the meeting was adjourned by order
of the chair at 4:15 P.M.
COLLIER COUNTY BOARD OF COUNTY 7OCNERS
..doe _A
Chairman, ny Tayloi
ATTEST:
Dwight E. Brock, Clerk
i % t Al °A " D•C .
Attest
signature only
These minutes approved by the Board/Committee on lune ( 3 Toils presented or as
amended
6