Backup Documents 09/25-26/2012 Item #12A ITEM 12 . 9� X1/2-.
9/20/12
-PgvtO W€e KS
Hussey Settlement Agreement—Analysis & Summary
The proposed settlement agreement pertains to two sites (see attached maps):
1. 966 acres owned by various Hussey entities, all of which are designated Rural Fringe
Mixed Use District (RFMUD) Sending Lands and North Belle Meade Overlay (NBMO),
zoned A, Rural Agricultural, and located on the north side of I-75, about 3 miles east of
Collier Blvd. (CR951), within Sections 29, 32 and 33, Township 49 South, Range 26
East; and,
2. 2,576 acres owned by SR 846 Land Trust, all of which are designated Rural Fringe
Mixed Use District Receiving Lands, zoned A, Rural Agricultural, with a conditional use
for earth mining, and located on the east side of Immokalee Road, about 2 miles north of
Oil Well Road (CR858), within Sections 35 and 36, Township 47 South, Range 27 East,
and Sections 1 and 2, Township 48 South, Range 27 East. (Husseys have an ownership
interest in the SR846 Land Trust site.)
Generally speaking, the settlement agreement proposes a swap in future land use designations
between portions of the two sites—Hussey site decreases Sending Lands and gains new
Receiving Lands while SR 846 Trust site decreases Receiving Lands and gains new Sending
Lands. However, though the acreage shifts are almost equivalent, there are specific use
allowances that go beyond merely shifting future land use designations, thus allowable uses,
densities and intensities. Table 1 below shows the map designation changes proposed.
Table 1: FLUM Designation Changes
Sending Lands Receiving Lands Sending Lands "Special"
Hussey site -966 +526 +440
SR 846 Land Trust site +945 -945 ---
Total -21 -419 +440
General Summary
Hussey Receiving Lands (526 acres) would allow all RFMUD Receiving Lands uses,
standards, etc. (except a Rural Village is not allowed) but would allow 3 uses by right that are
presently required to obtain conditional use (CU) approval - excavation, asphalt and concrete
batch-making plants, recycling facility for concrete and construction debris. (Certain Receiving
Lands in the NBMO are presently allowed to excavate by right as well as develop an asphalt
plant by right, as is being requested here; however, the agreement proposes one additional use by
right.) Prior to development of these 3 uses, all other local (and state and federal) permits would
still be required. For example, an excavation would still require a commercial excavation
permit. An excavation permit requires BCC approval but only a simple majority vote vs. super
majority vote requirement for a CU; and, the excavation permit review process is more technical
in nature than the CU, which is a land use approval. The agreement also requires all Collier
County development applications be expedited, and that the County not oppose any related
applications for state or federal permits.
1
i
7/2s/i-rVI 24'
9/20/12
Hussey Sending"Special" lands (440 acres)would allow all RFMUD Sending Lands uses,
standards, etc. and allows 115 acres of excavation - by right, and essential services allowed in the
"A" zoning district, but prohibits residential uses, forfeits TDRs from the excavation area,
exempts the non-excavation areas (225 acres) from the 25 year prohibition on TDR severance
and change of land use following clearing without restoration, and extends the early entry TDR
bonus by 3 years for this site.
All Hussey Lands The agreement includes the following considerations for Collier County:
donation of 180' for right-of-way along the southern border(above I-75); donation of road
rights-of-way for other roads in the MPO's 2035 Long Range Transportation Plan(LRTP) within
or adjacent to Hussey property; use of excavated ponds/lakes for storm water treatment and
storage; lease for two potable water well sites; donation of fill for roads within or abutting
Hussey property that are in the MPO's 2035 LRTP; provision of fill at base cost for certain roads
as may be required to be used as haul roads for the excavation operation; and, sell rock and fill to
the County at a discounted price. The agreement also requires all Collier County development
applications be expedited.
SR 846 Trust Sending Lands (945 acres)would allow RFMUD Sending Lands uses, standards,
etc. but extinguishes excavation rights on 202 acres, provides that the CU does not need to be
amended to reflect that change, requires all existing native vegetation to be preserved or, if
cleared, restored at 1:1 ratio, any restoration will include wetlands suitable for wood stork
foraging, and extends the early entry TDR bonus by 3 years for this site. A native vegetation
restoration and management plan is included and, in the event that environmental restoration and
maintenance TDR bonuses are sought, the plan would serve as the plan required for that TDR
bonus.
SR 846 Trust Receiving Lands (1,631 acres) would allow: RFMUD Receiving Lands uses,
standards, etc., including existing excavation; Rural Village on all 1,631 acres (exceeds GMP
cap of 1,500 acres) with no greenbelt requirement; an RPUD (residential planned unit
development) on all 1,631 acres at up to 3 DU/A using TDR credits but with minimum density of
1 DU/A; an MPUD (mixed use PUD) on all 1,631 acres at up to 3 DU/A using TDR credits but
with minimum density of 1 DU/A, office and retail commercial uses, hotel/motel use at 26 units
per acre, and ALF/CCRC use at 0.60 FAR. An MPUD could contain 163.1 acres of commercial
development(compare commercial acreage to: Lely Resort— 133 acres, Pelican Bay—99 acres,
Pine Air Lakes— 104 acres); no other mixed use (residential & commercial) PUD in Collier
County contains this much commercial acreage. The requirements for native vegetation
preservation and a greenbelt are eliminated. Also, provides that, should Collier County amend
its regulations to allow the transfer of Rural Lands Stewardship Area(RLSA) Overlay
stewardship credits into the RFMUD, this site may utilize that allowance. To develop this site
with a Rural Village or RPUD or MPUD would first require a rezoning of the land via the
process established in the Collier County Land Development Code. The agreement does not
entitle such development, rather establishes the intensity parameters and certain allowances.
Compatibility, public facility impacts, etc. would be considered as usual.
2
2k
9/20/12
All SR 846 Trust Lands The agreement includes the following considerations for Collier
County: donation of road rights-of-way for roads in the MPO's 2035 LRTP adjacent to SR 846
Trust property; and, provision of related storm water treatment and storage.
The attached Table 2 provides a numerical comparison of key provisions of the proposed
settlement agreement(dwelling units, commercial acres, preserve acres, TDR credits, etc.)
The agreement requires the growth management plan (GMP)—and land development code
(LDC), as applicable—to be amended (perfunctory measures)to incorporate the provisions in the
agreement. This will allow all interested persons viewing the GMP and LDC to readily see what
the regulations are that pertain to these properties, the same as for any other property. The
County would initiate these amendments.
There may be a difference in materials to be excavated at the Hussey site and SR 846 Trust site.
Regardless, having excavation sites dispersed could have a positive impact upon roadways given
that some truck trip lengths would be lessened between the quarry sites and the end users
(development sites and road construction sites).
To date, there have been 4,909 TDR credits severed out of a maximum potential of about 20,000
TDR credits. This agreement would result in a potential increase of 436.4 TDR credits (+2.2%).
Regarding the increase in commercial acres and increase in potential TDR credits, there is a
fairness concern. Approval of the proposed settlement agreement does not provide the
opportunity for public Input as would occur via the growth management plan amendment
process, however public hearings will be required as part of the rezone process. Owners of
commercial property near the SR 846 Trust site may be negatively impacted by the increase in
potential commercial but would be afforded the opportunity to participate during the rezone
public hearing process. Owners of Sending Lands throughout the RFMUD may be negatively
impacted by the increase in potential TDR credits. Typically, there is no public hearing process
involved to utilize TDR credits (unless part of a Rural Village, or the RPUD or MPUD proposed
for the SR 846 Trust site).
Ultimately,the decision to approve or disapprove the proposed settlement agreement is a
policy decision for the BCC. Besides the various land use and environmental
considerations—including public facility impacts, there is the consideration of settling a
Bert Harris claim asserting damages in the tens of millions of dollars. The agreement does
include provisions requiring much of the increased development intensity to go through a public
hearing and vetting process prior to any development taking place. Though earth mining would
be allowed without conditional use approval on the Hussey property, a commercial excavation
permit, which requires Board approval and includes public notice, would still be required.
7-6-12 Hussey S.A.—summary&analysis 9-20-12
G:\CDES Planning Services\Comprehensive\David\Bert Harris claim-Hussey\July 6 2012 settlement offer dw/9-20-12
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9/20/12
� ICI V10 weEIG.S
Hussey Settlement Agreement— Analysis &Summary
The proposed settlement agreement pertains to two sites (see attached maps):
1. 966 acres owned by various Hussey entities, all of which are designated Rural Fringe
Mixed Use District(RFMUD) Sending Lands and North Belle Meade Overlay(NBMO),
zoned A, Rural Agricultural, and located on the north side of I-75, about 3 miles east of
Collier Blvd. (CR951),within Sections 29, 32 and 33,Township 49 South,Range 26
East; and,
2. 2,576 acres owned by SR 846 Land Trust, all of which are designated Rural Fringe
Mixed Use District Receiving Lands, zoned A, Rural Agricultural,with a conditional use
for earth mining, and located on the east side of Immokalee Road, about 2 miles north of
Oil Well Road (CR858), within Sections 35 and 36, Township 47 South,Range 27 East,
and Sections 1 and 2, Township 48 South, Range 27 East. (Husseys have an ownership
interest in the SR846 Land Trust site.)
Generally speaking,the settlement agreement proposes a swap in future land use designations
between portions of the two sites—Hussey site decreases Sending Lands and gains new
Receiving Lands while SR 846 Trust site decreases Receiving Lands and gains new Sending
Lands. However,though the acreage shifts are almost equivalent, there are specific use
allowances that go beyond merely shifting future land use designations,thus allowable uses,
densities and intensities. Table 1 below shows the map designation changes proposed.
Table 1: FLUM Designation Changes
Sending Lands Receiving Lands Sending Lands "Special"
Hussey site -966 +526 +440
SR 846 Land Trust site +945 -945 ---
Total -21 -419 +440
General Summary
Hussey Receiving Lands (526 acres)would allow all RFMUD Receiving Lands uses,
standards, etc. (except a Rural Village is not allowed)but would allow 3 uses by right that are
presently required to obtain conditional use (CU) approval - excavation, asphalt and concrete
batch-making plants,recycling facility for concrete and construction debris. (Certain Receiving
Lands in the NBMO are presently allowed to excavate by right as well as develop an asphalt
plant by right, as is being requested here; however,the agreement proposes one additional use by
right.) Prior to development of these 3 uses, all other local (and state and federal)permits would
still be required. For example, an excavation would still require a commercial excavation
permit. An excavation permit requires BCC approval but only a simple majority vote vs. super
majority vote requirement for a CU; and,the excavation permit review process is more technical
in nature than the CU, which is a land use approval. The agreement also requires all Collier
County development applications be expedited, and that the County not oppose any related
applications for state or federal permits.
1
2 At.
9/20/12
Hussey Sending"Special" lands (440 acres)would allow all RFMUD Sending Lands uses,
standards, etc. and allows 115 acres of excavation-by right, and essential services allowed in the
"A"zoning district,but prohibits residential uses, forfeits TDRs from the excavation area,
exempts the non-excavation areas (225 acres) from the 25 year prohibition on TDR severance
and change of land use following clearing without restoration, and extends the early entry TDR
bonus by 3 years for this site.
All Hussey Lands The agreement includes the following considerations for Collier County:
donation of 180' for right-of-way along the southern border (above I-75); donation of road
rights-of-way for other roads in the MPO's 2035 Long Range Transportation Plan(LRTP) within
or adjacent to Hussey property; use of excavated ponds/lakes for storm water treatment and
storage; lease for two potable water well sites; donation of fill for roads within or abutting
Hussey property that are in the MPO's 2035 LRTP;provision of fill at base cost for certain roads
as may be required to be used as haul roads for the excavation operation; and, sell rock and fill to
the County at a discounted price. The agreement also requires all Collier County development
applications be expedited.
SR 846 Trust Sending Lands (945 acres)would allow RFMUD Sending Lands uses, standards,
etc. but extinguishes excavation rights on 202 acres,provides that the CU does not need to be
amended to reflect that change,requires all existing native vegetation to be preserved or, if
cleared, restored at 1:1 ratio, any restoration will include wetlands suitable for wood stork
foraging, and extends the early entry TDR bonus by 3 years for this site. A native vegetation
restoration and management plan is included and, in the event that environmental restoration and
maintenance TDR bonuses are sought,the plan would serve as the plan required for that TDR
bonus.
SR 846 Trust Receiving Lands (1,631 acres) would allow: RFMUD Receiving Lands uses,
standards, etc., including existing excavation; Rural Village on all 1,631 acres (exceeds GMP
cap of 1,500 acres)with no greenbelt requirement; an RPUD (residential planned unit
development) on all 1,631 acres at up to 3 DU/A using TDR credits but with minimum density of
1 DU/A; an MPUD (mixed use PUD) on all 1,631 acres at up to 3 DU/A using TDR credits but
with minimum density of 1 DU/A, office and retail commercial uses, hotel/motel use at 26 units
per acre, and ALF/CCRC use at 0.60 FAR. An MPUD could contain 163.1 acres of commercial
development(compare commercial acreage to: Lely Resort— 133 acres, Pelican Bay—99 acres,
Pine Air Lakes— 104 acres); no other mixed use(residential & commercial)PUD in Collier
County contains this much commercial acreage. The requirements for native vegetation
preservation and a greenbelt are eliminated. Also,provides that, should Collier County amend
its regulations to allow the transfer of Rural Lands Stewardship Area(RLSA) Overlay
stewardship credits into the RFMUD,this site may utilize that allowance. To develop this site
with a Rural Village or RPUD or MPUD would first require a rezoning of the land via the
process established in the Collier County Land Development Code. The agreement does not
entitle such development,rather establishes the intensity parameters and certain allowances.
Compatibility, public facility impacts, etc. would be considered as usual.
2
12A
9/20/12
All SR 846 Trust Lands The agreement includes the following considerations for Collier
County: donation of road rights-of-way for roads in the MPO's 2035 LRTP adjacent to SR 846
Trust property; and,provision of related storm water treatment and storage.
The attached Table 2 provides a numerical comparison of key provisions of the proposed
settlement agreement(dwelling units, commercial acres,preserve acres, TDR credits, etc.)
The agreement requires the growth management plan(GMP)—and land development code
(LDC), as applicable—to be amended(perfunctory measures)to incorporate the provisions in the
agreement. This will allow all interested persons viewing the GMP and LDC to readily see what
the regulations are that pertain to these properties,the same as for any other property. The
County would initiate these amendments.
There may be a difference in materials to be excavated at the Hussey site and SR 846 Trust site.
Regardless,having excavation sites dispersed could have a positive impact upon roadways given
that some truck trip lengths would be lessened between the quarry sites and the end users
(development sites and road construction sites).
To date,there have been 4,909 TDR credits severed out of a maximum potential of about 20,000
TDR credits. This agreement would result in a potential increase of 436.4 TDR credits (+2.2%).
Regarding the increase in commercial acres and increase in potential TDR credits, there is a
fairness concern. Approval of the proposed settlement agreement does not provide the
opportunity for public Input as would occur via the growth management plan amendment
process, however public hearings will be required as part of the rezone process. Owners of
commercial property near the SR 846 Trust site may be negatively impacted by the increase in
potential commercial but would be afforded the opportunity to participate during the rezone
public hearing process. Owners of Sending Lands throughout the RFMUD may be negatively
impacted by the increase in potential TDR credits. Typically,there is no public hearing process
involved to utilize TDR credits (unless part of a Rural Village, or the RPUD or MPUD proposed
for the SR 846 Trust site).
Ultimately, the decision to approve or disapprove the proposed settlement agreement is a
policy decision for the BCC. Besides the various land use and environmental
considerations—including public facility impacts, there is the consideration of settling a
Bert Harris claim asserting damages in the tens of millions of dollars. The agreement does
include provisions requiring much of the increased development intensity to go through a public
hearing and vetting process prior to any development taking place. Though earth mining would
be allowed without conditional use approval on the Hussey property, a commercial excavation
permit, which requires Board approval and includes public notice, would still be required.
7-6-12 Hussey S.A.—summary&analysis 9-20-12
G:\CDES Planning Services\Comprehensive\David\Bert Harris claim-Hussey\July 6 2012 settlement offer dw/9-20-12
3
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