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Agenda 09/26/2017 Item #2B09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: June 20, 2017 - BCC/Master Plan Update/Rural Fringe Mixed Use District Workshop Meeting Date: 09/26/2017 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 07/06/2017 9:18 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 07/06/2017 9:18 AM Approved By: Review: County Manager's Office Leo E. Ochs County Manager Review Completed 08/24/2017 4:34 PM Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM 2.B Packet Pg. 28 June 20, 2017 Page 1 MINUTES OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS WORKSHOP MEETING Naples, Florida, June 20, 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 (via telephone) Burt L. Saunders William L. McDaniel, Jr. ALSO PRESENT: Leo Ochs, County Manager Jeff Klatzkow, County Attorney Troy Miller, TV Operations Manager Tim Durham, Executive Manager, Corporate Business Operations Kris Van Lengen, Community Planning Manager Anita Jenkins, Principal Planner June 20, 2017 Page 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 Workshop was called to order at 9:00 a.m. Commissioner Saunders moved to allow Commissioner Fiala to participate via telephone due to an extraordinary circumstance. Second by Commissioner McDaniel. Carried unanimously 4 – 0. The Pledge of Allegiance was recited. 2. Workshop Topics A. List of Initial RFMUD Recommendations – with emphasis on: (a) Agriculture Incentivizations; (b) TDR Bank; (c) County Ownership of Sending Lands (d) Development Pattern Options Mr. Van Lengen reported the purpose of the workshop was for the BCC to provide staff direction on a series of proposed recommendations in relation to the re-study of the Rural Fringe Mixed Use District (RFMUD). He noted:  A PowerPoint has been prepared (Rural Fringe Mixed Use District (RFMUD) Restudy Direction – Board of County Commissioners Workshop, June 20, 2017) and will be presented during the workshop to assist in guiding the discussions.  The definition for agriculture is based on requirements for the Rural Lands Stewardship Area.  The East Naples Civic Association will be added to the list of interested parties, and staff can schedule a presentation to the group if so requested.  Staff has developed preliminary spreadsheets on the supply and demand of the Transfer of Development Right (TDR) Credits and will provide data to the BCC. Mr. Van Lengen presented the “Summarized List of Initial Recommendations - June 20, 2017” for review. SENDING LANDS A. TDR Credit System Speakers Reg Buxton, City of Naples expressed concern on the impacts on the City of Naples by increasing the number of TDR’s available in the program, especially those on City of Naples wellfields located in the region. Doug Finlay, City of Naples expressed concern on proposed density increases and the impacts on beach demand and parking facilities, already at a critical level of supply for users. Nicole Johnson, Conservancy of Southwest Florida does not support additional TDR’s for sending land owners, as larger landholders that have already used credits may be the first to utilize additional credits jeopardizing the small landholders position in the system. She recommended, if necessary, more credits be added at a later date. Paul Consentino expressed concern on the value of a credit, which has not increased of that similar to land prices. For a successful program, the value of a TDR credit must increase and be marketable. June 20, 2017 Page 3 Brad Cornell, Audubon of the Western Everglades noted the system needs balance and a goal should be to ensure the properties conveyed are consolidated, not end up as a checkerboard pattern of ownership. Mike Ramsey, Golden Gate Civic Association supports incentivizing agricultural uses. Mike Timmerman noted the overall goal needs to be to create a marketable TDR and to view the process in a long-term framework, not a short-term endeavor. Judith Hushon recommended the development concept for the villages include a high-density center with the density and intensity of uses decreasing as you move further from the center. A conventional planning concept that would encourage walking and biking in the denser areas, a characteristic the millennial generation will be seeking. Robert Mulhere, Rural Fringe Coalition wants to ensure a market determination of the density for the receiving area is developed in order to assign the proper number of TDR credits to balance the system. Major Discussion Points  Imperative to ensure demand exceeds supply to enhance the value of credits. One issue is the demand for credits occurs over the long term, while the suppliers have a short term need to convert the credits in the marketplace. There is a current surplus of credits with 4,600 generated and only 2,400 utilized.  A TDR bank would help the smaller landholders, as a mechanism for holding credits until they are required to be used, however it would potentially require financial participation by the County. Recommendations The BCC discussed each recommendation and provided the following direction to staff. 1. LDC - Eliminate the minimum $25,000 price per base TDR. The Board agreed with this recommendation. 2. GMP - Provide additional TDR credits to Sending owners. Where possible, additional TDR credits should be apportioned equally to all Sending owners regardless of location or property attributes. The Board agreed with this recommendation. 3. LDC - Make TDR credits available to Sending owners who wish to begin or expand a bone fide agricultural operation. In NRPA locations, only passive agricultural operations, excluding aquaculture, would qualify. Passive agricultural uses may be considered for Restoration and Maintenance TDRs through an approved Restoration and Maintenance Plan. The Board agreed with this recommendation subject to the language citing “existing agricultural operations.” 4. GMP - Allow TDR participation for illegal non-conforming properties based on public policy goals, and waive requirements related to proof of legal non-conforming status if greater than 4.5 acres in size. The Board agreed with this recommendation subject to the language citing “legal non- conforming existing status.” June 20, 2017 Page 4 5. GMP - Allow landowner’s who have generated TDRs but have not conveyed their land to participate in any applicable program changes. The Board agreed with this recommendation. 6. GMP - Replace the reference to Early Entry Bonus TDRs and simply provide 2 TDRs for base severance of dwelling unit rights, subject to any additional credits assigned. The Board agreed with this recommendation. 7. LDC - Allow TDRs to be generated from Receiving Lands for agriculture preservation, or native vegetation and habitat protection beyond minimum requirements. A permanent easement in favor of Collier County would be required. The Board agreed with this recommendation. Discussion did occur on whether it should be restricted to “existing” agriculture or habitat protection uses. 8. GMP - Expand concept of donation to a governmental entity to include a not-for profit or land trust if specifically approved by the BCC. The Board agreed with this recommendation subject to the language citing “existing agricultural operations.” Break: 10:37 a.m. Reconvened: 10:47 a.m. B. TDR Credits and Areas Outside of the RFMUD Speakers Nicole Johnson, Conservancy of Southwest Florida has no objection to the concept however could make the process much more complex to administer given it is currently a “closed system.” Robert Mulhere, Rural Fringe Coalition reported they are opposed to recommendation #3 unless it can be shown it will not create a further imbalance of TDR credits currently in the system. Paul Consentino noted the key is to increase the value of a TDR credit. Recommendations: The BCC discussed each recommendation and provided the following direction to Staff. 1. GMP - Eliminate the one-mile boundary from which TDRs must be derived for Urban Rural Fringe. The Board agreed with this recommendation. 2. GMP - Eliminate the requirement to purchase a TDR in the Urban Residential Infill bonus provision. The Board agreed with this recommendation, however it should be moved to transmittal stage category. 3. GMP (NEW) - Extend TDR demand to the urban area where additional density is requested through GMP amendment process; above density otherwise provided through the density rating system. June 20, 2017 Page 5 The Board requested more information on this recommendation. 4. GMP - Accommodate implementation measures recommended by the CWIP committee and the Watershed Management Plan in Golden Gate Estates that are consistent with the TDR program’s success. Where TDRs are used as an incentive, limit the number of credits for critical wetland parcels to avoid significant impacts to the TDR credit system. The Board agreed with this recommendation. C. TDR Program Management Speakers Neville Williams, Collier Citizens Council recommends measures be implemented to limit sprawl and to cease allowing development of gated golf course communities. He supports creation of a TDR Bank. Brad Cornell, Audubon of the Western Everglades supports creation of a TDR bank which would be beneficial to smaller landowners. Nicole Johnson, Conservancy of Southwest Florida supports creation of a TDR bank. Recommendations The BCC discussed each recommendation and provided the following direction to Staff. 1. Admin - At a minimum, an improved exchange program should be designed with input from potential buyers and sellers. The Board agreed with this recommendation. 2. Fee Ord. - Application fees should be reduced or eliminated for sending owners; work product required for TDRs should be evaluated for cost effectiveness and in limited instances, provided by County staff. The Board agreed with this recommendation. 3. GMP - The County should consider the appeal of a publicly funded TDR bank and a dedicated assessment and bonding for the program, based on an evaluation of costs and benefits. The Board, as consensus requested more information on this recommendation. Commissioner McDaniel is a “no” at this point. The provision for “bonding” should be removed. Break: 11:50 a.m. Reconvened: 12:05 p.m. D. Sending Land Management Speakers Gary Chensoff expressed concern the program is not functioning in its current format and that there is a need to create demand for the credits for the small parcel landowner. Nicole Johnson, Conservancy of Southwest Florida supports an entity being made available for the donation of lands. Brad Cornell, Audubon of the Western Everglades spoke on the need to ensure a mechanism is available to consolidate the lands conveyed. June 20, 2017 Page 6 Recommendations: The BCC discussed each recommendation and provided the following direction to staff. 1. GMP - Adopt a standard whereby Collier County agrees to take clear title to land donated by sending owners in locations where no other public agency is available and willing to take title. The Board requested more information on this recommendation. 2. GMP - Prepare applications to state and federal permitting agencies for a County-to- County mitigation bank program (ROMA/ILF), to establish a successful mitigation program that can benefit the TDR program, the County environment and capital spending. Explore options involving Permittee Responsible Mitigation (PRM) parcels to achieve coordinated or umbrella management options for greater overall land management efficiency. The Board requested more information on this recommendation. 3. GMP - Establish a special TDR for the benefit of the County where no other entity has been established to take ownership. Also require donors of Sending Lands to convey a sum of money along with title to partially fund long-term endowment. The Board requested more information on this recommendation. 4. Ord. - Study the idea of a County Environmental Fund (Green Utility Fee) and consider whether it should be the subject of a countywide referendum. Allow various complementary uses of the Fund to support County environmental initiatives. The Board did not support this recommendation. 5. LDC - Provide a standard or model Land Management Plan for adoption by owners who wish to provide Restoration and Maintenance activities in return for TDR credits. p. 53 The Board agreed with this recommendation. The BCC noted additional information should include defining which entities would own the lands, specific details on the function of the programs, financial commitment required by the County (or others) and an analysis of the overall supply and demand of proposed credits for the revised RFMUD program. E. Other Program Suggestions Recommendations: The BCC discussed each recommendation and provided the following direction to staff. 1. Admin - Staff should provide any data needed to the Property Appraiser’s Office in support of its efforts to review tax assessments based on appraised land values and resulting tax assessments in Sending Lands. The Board agreed with this recommendation. 2. LDC - County-owned land in North Belle Meade should qualify for conditional use approval for expanded recreational uses, if compatible with environmental goals. Definitions of “active” and “passive” recreation will require further vetting. June 20, 2017 Page 7 The Board agreed with this recommendation subject to changing the language from “County owned land” to “Non State owned land” 3. GMP - Allow large landowners to cluster dwelling units, retaining the one unit per 40-acre standard, but also allowing one unit to be clustered for each additional 40-acres of contiguous land retained. The Board agreed with this recommendation. NEUTRAL LANDS Recommendations: The BCC discussed each recommendation and provided the following direction to Staff. 1. LDC - Allow TDR credits for agriculture and conservation uses, where uses are secured by perpetual easements. The Board agreed with this recommendation subject to the provision being for “existing agriculture and conservation” uses. 2. GMP - Remove the 40-acre minimum project size for clustered development. The Board agreed with this recommendation. RECEIVING LANDS Speakers Mike Ramsey, Golden Gate Civic Association supports increasing the density in receiving areas and suggested incentivizing other uses besides housing (industrial, commercial, etc.). Nicole Johnson, Conservancy of Southwest Florida recommended determining the reason villages have not been developed in the receiving areas to date and focusing on providing avenues to rectify the issue. Robert Mulhere, Rural Fringe Coalition noted increasing densities is necessary to provide a successful program and supports an increase of one unit per acre to two units per acre. Bruce Anderson, Rural Fringe Coalition recommended limiting the number of villages to 1 per receiving area and eliminates the maximum village size requirement, removing the 40 acre minimum for non villages, supports 2 units per acre and increasing the number of TDR’s available from 4 to 6. Judith Hushon recommended the density in these village areas need to be clustered high enough to promote a functioning walkable/bike able community to ensure a successful program. Recommendations: The Board reviewed the recommendations provided in Section A, with no new consensus reached on any individual recommendation, as more study is required. Discussions revolved around what level of density is appropriate for the County in these areas to incentivize village development, an activity that should ultimately preserve sensitive lands in other areas. A concern was expressed that under the existing program, no villages have been developed in the receiving areas to date. Speakers noted one deterrent is the compliance required with complex Growth Management Plan/Land Development Code regulations. The Board noted it would be beneficial for staff to develop examples of development for 1,000-acres under the existing requirements compared to developing the 3 – 7 units an acre, allowed under any proposed regulations. June 20, 2017 Page 8 A. Land Use and Economic Vitality 1. GMP - Promote economic vitality in the RFMUD by allowing employment uses outside of Villages as defined in the industrial and business park zoning district (with exceptions) in locations with access to major collector or arterial roads. 2. LDC - Within a Village, remove the maximum acres and leasable floor area limitation of the Village Center and the Research and Technology Park. 3. Ord. - Explore Receiving areas as Innovation Zones. 4. GMP - Eliminate the maximum size of a Village. 5. LDC - Consider new measures for mixed-use standards, such as those found in the RLSA. 6. Modify residential density standards:  GMP Non-village – remove 40 acre minimum, increase density to 2 units per acre (higher density for affordable/workforce only projects)  GMP Village – increase maximum allowable density to 7 units per acre.  LDC Change minimum Village density to 4 units per acre. 7. LDC - Development over 300 acres shall use the Village option. 8. GMP - Modify the TDR requirements: a. Change from 1 TDR to .75 TDR for multifamily unit. b. Change from .5 to 0 TDR for defined affordable housing. c. Density over 4 units per acre requires 0 TDRs. d. No TDRs for industrial/business park uses. The following recommendations were not discussed. B. Transportation and Mobility 1. GMP - Analyze arterial roadway and utility capacity issues surrounding Receiving Lands. 2. LDC - Review roadway design standards and suggest changes if necessary to support complete streets and low speed. 3. LDC - Add provisions for transit stops and park and ride facilities within Villages and business parks. 4. LDC - Develop a methodology for a Mobility Analysis including a standard of measuring a development’s level of interconnectivity such as a “link-node” ratio, and the transit, bicycle and pedestrian coverage and connectivity with a project and surrounding destinations. C. Development Standards and Processes 1. LDC - Consider adoption of zoning overlays, or separate area design standards to provide greater certainty for developers. 2. LDC - Allow BCC simple majority approval when complying with zoning overlays. 3. LDC - Require housing analysis within Village application to determine employment related demand within the Village and housing accommodation of such employees within the Village. 4. Ord. - Consider an impact fee index for mixed-use. 5. LDC - Explore with Collier County Health Department the creation of Health Assessment Index. 6. LDC - Review and modify design standards within the Growth Management Plan and Land Development Code for greater flexibility while supporting the intent of employment zones and mixed-use development, suggest modifications to standards e.g., remove greenbelt. June 20, 2017 Page 9 7. LDC - Develop further incentives for innovative features such as solar power, zero net water use, and aquifer storage and recovery systems. D. Development Standards and Processes 1. LDC - Consider adoption of zoning overlays, or separate area design standards to provide greater certainty for developers. 2. LDC - Allow BCC simple majority approval when complying with zoning overlays. 3. LDC - Require housing analysis within Village application to determine employment related demand within the Village and housing accommodation of such employees within the Village. 4. Ord. - Consider an impact fee index for mixed-use. 5. LDC - Explore with Collier County Health Department the creation of Health Assessment Index. 6. LDC - Review and modify design standards within the Growth Management Plan and Land Development Code for greater flexibility while supporting the intent of employment zones and mixed-use development, suggest modifications to standards e.g., remove greenbelt. 8. LDC - Develop further incentives for innovative features such as solar power, zero net water use, and aquifer storage and recovery systems. 3. Public Comment None There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:12 P.M. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS _______________________________________ Chairman, Penny Taylor These minutes approved by the Board/Committee on _________________ as presented________ or as amended ___________.