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Agenda 02/14/2012 Item # 6B11� 2/14/2012 item 63. Office of the County Manager Leo E. Ochs, Jr. �* 3299 Tamiami Trail East, Suite 202 • Naples Fkxxida 34112 -5746 • (239) 252 -8383 •FAY, (239) 252 4010 February 2, 2012 Coleman, Yovanovich & Koester, PA Attention: Richard Yovanovich 4001 Tamiami Trail North Suite 300 Naples FL 34103 Re: Public Petition request from Richard Yovanovich regarding the Transfer of Development Rights (TDR) Program for the Rural Fringe Mixed Use District. Dear Mr. Yovanovich, Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 14, 2012, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerel • Mike Sheffield Business Operations Manager MJS:mjb cc: Jeffrey Klatzkow, County Attorney Norman Feder, Administrator, Growth Management Nick Casalanguida, Deputy Administrator, Growth Management Packet Page -17- 2/14/2012 Item 6. B. COLEMAN, YOVANOVICH & KOESTER, P.A. ATTORNEYS AT LAW Kevin G. Coleman Richard D. Yovanovich Edmond E. Koester William M. Burke Gregory L. Urbancic Matthew L. Gr+abinski Writer's Email- ryovanovich@cykiawfim.com Nick Casalanguida Collier County Transportation 2800 Horseshoe Drive Naples, Florida 34104 NORTHERN TRUST BANK Bun -DING Linda C. Brinkman 4001 TAMIAMI TRAIL NORTH Craig D. Grider SurrE 300 Matthew M. Jackson NAPLES, F LO RmA 34103 Jeffrey J. Beihoff 239 - 435 -3535 Harold J. Webre 239 -435 -1218 FACSIMILE Caroline M. Magliolo www.cvklawfirm.com Charles A. B. Thomson David Kerem Of Counsel: Kenneth R. Johnson January 18, 2012 Via Email: nickcasalanguidana .colliemov.net Re: Collier County Rural Fringe Mixed Use Program Dear Mr. Casalanguida, I am writing at the request of several clients who own property sending lands within Collier County's Rural Fringe Mixed Use District as defined in the Future Land Use Element. As you may be aware, the deadline for severance of the early entry bonus is March 27, 2012. While the Rural Fringe landowners appreciate the County's past efforts to extend such deadline, they find themselves questioning whether the County has plans to extend such date once again. Generally, my clients find themselves in two categories that require extensions: a. Developer clients that are pursuing project approvals with the South Florida Water Management District and the Army Corps of Engineers are fearful that the recordation of the development restriction associated with the TDR severance will render their acreage as ineligible for use as mitigation land. As you are aware, this was never the intent of the TDR program. b. Landowner clients who are unsure as to what their best option is. They find themselves discouraged by the limited liquidity in the TDR market so they are unsure whether exercising a development restriction on their land is the right course of action. They would like to see the TDR program be a success before jumping in. Packet Page -18- 2/14/2012 Item 6. B. January 18, 2012 2 The County has extended timelines for PUD's, SDP's and other development approvals due to the economic slow down. The TDR program has also suffered due to the economic slow down. The goal of the TDR program is to encourage preservation of sending lands while fully compensating those property owners who had their property designated sending lands. The extension of the early entry bonus credit will fin then the goals of the TDR program. On behalf of my clients, I am hereby requesting that you consider these circumstances and provide clear direction to my clients and the public in general as to the County's proposed actions with respect to this upcoming deadline. If you would like to discuss this matter further, I can be reached at 239 -435 -3535. Z :tyl rDLS.> Richard Yovanovich Packet Page -19- WRO COLLIER COUNTY Board of County Commissioners Item Number: 6.13. 2/14/2012 Item 6. B. Item Summary: Public Petition request from Richard Yovanovich regarding the Transfer of Development Rights (TDR) Program for the Rural Fringe Mixed Use District. Meeting Date: 2/14/2012 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 2/3/2012 9:56:49 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 2/3/2012 9:56:51 AM Approved By Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 2/3/2012 4:11:20 PM Packet Page -20-