Agenda 02/25/2020 Item #17A (PL20190002635/CPSP-2019-4)02/25/2020
EXECUTIVE SUMMARY
Recommendation to approve by Resolution a Growth Management Plan Amendment for
transmittal to the Florida Department of Economic Opportunity for review and Comments
response for an amendment to extend the Transfer of Development Rights Early Entry bonus.
(Transmittal Hearing) PL20190002635/CPSP-2019-4
OBJECTIVE: For the Board of County Commissioners (Board) to approve an amendment to the Collier
County Growth Management Plan (GMP), pertaining to the Transfer of Development Rights program, for
transmittal to the Florida Department of Economic Opportunity and other statutorily required agencies.
CONSIDERATIONS:
· Chapter 163, F.S., provides for an amendment process for a local government’s adopted
Comprehensive Plan.
· Collier County Resolution No. 12-234 provides for a public petition process to amend the GMP.
· The Collier County Planning Commission (CCPC), sitting as the “local planning agency” under
Chapter 163.3174, F.S., held their Transmittal hearing for this petition on Janu ary 16, 2020
(petition PL20190002635/CPSP-2019-4).
· This Transmittal hearing considers an amendment to the Future Land Use Element (FLUE).
This petition seeks to amend the GMP, adopted by Ordinance No. 89-05, as amended, specifically
amending the Future Land Use Element (FLUE) by extending the effective date of the Transfer of
Development Rights (TDR) Early Entry bonus to September 27, 2022. This is a text amendment only,
there is no map change proposed for this amendment. The extension of this date is intended to further
incentivize participation in the TDR program.
The proposed amended Subdistrict text, as recommended by the Collier County Planning Commission
(CCPC), is depicted in Ordinance Exhibit “A.”
The complete staff analysis of this petition is provided in the CCPC Staff Report.
FISCAL IMPACT: The fiscal impacts to Collier County resulting from this amendment are for staff
time to prepare the amendment and costs for the associated legal advertising/public notice for the public
hearings.
GROWTH MANAGEMENT IMPACT: Approval of the proposed amendment by the Board for
Transmittal and its submission to the Florida Department of Economic Opportunity and other statutorily
required agencies will commence the Department’s thirty (30) day review process and ultimately return
the amendment to the CCPC and the Board for Adoption hearings tentatively to be held in the
Spring/Summer of 2020.
LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by,
and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community
Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the
following criteria in making its decision: “plan amendments shall be based on relevant a nd appropriate
data and an analysis by the local government that may include but not be limited to, surveys, studies,
community goals and vision, and other data available at the time of adoption of the plan amendment. To
be based on data means to react to it in an appropriate way and to the extent necessary indicated by the
data available on that particular subject at the time of adoption of the plan or plan amendment at issue.”
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02/25/2020
163.3177(1)(f), FS. In addition, s. 163.3177(6)(a)2, FS provides that FLUE plan amendments shall be
based on surveys, studies and data regarding the area, as applicable including:
a. The amount of land required to accommodate anticipated growth.
b. The projected permanent and seasonal population of the area.
c. The character of undeveloped land.
d. The availability of water supplies, public facilities, and services.
e. The need for redevelopment, including the renewal of blighted areas and the elimination of
non-conforming uses which are inconsistent with the character of the community.
f. The compatibility of uses on lands adjacent to or closely proximate to military
installations.
g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and
consistent with s. 333.02.
h. The need to modify land uses and development patterns with antiquated subdivisions.
i. The discouragement of urban sprawl.
j. The need for job creation, capital investment and economic development that will
strengthen and diversify the community’s economy.
This item is approved as to form and legality. It requires a majority vote for approval because this is the
first transmittal hearing. [HFAC]
STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That
the CCPC forward petition PL20190002635/CPSP-2019-4 to the Board with a recommendation of
approval.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard this petition at their January 16, 2020 meeting and voted 7/0 to forward the subject petition to the
Board with a recommendation to approve for transmittal to the Florida Department of Economic
Opportunity and other statutorily required agencies. There were no public speakers at the CCPC meeting,
and no correspondence has been received for this petition.
RECOMMENDATION: To approve by Resolution petition PL20190002635/CPSP-2019-4 for
transmittal to the Florida Department of Economic Opportunity, and other statutorily required agencies,
for review.
Prepared by: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section,
Zoning Division
ATTACHMENT(S)
1. CCPC StaffRpt CPSP-2019-4 _FNL (PDF)
2. Resolution_12.9.19 (PDF)
3. 04_CCPC Affidavit & Advertisement (PDF)
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02/25/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 11168
Item Summary: Recommendation to approve a Growth Management Plan Amendment for
transmittal to the Florida Department of Economic Opportunity for review and Comments response for an
amendment to extend the Transfer of Development Rights Early Entry bonus. (Transmittal Hearing)
PL20190002635/CPSP-2019-4
Meeting Date: 02/25/2020
Prepared by:
Title: Planner, Senior – Zoning
Name: Marcia R Kendall
01/21/2020 7:45 AM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
01/21/2020 7:45 AM
Approved By:
Review:
Growth Management Department David Weeks Additional Reviewer Completed 01/21/2020 2:36 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/22/2020 9:32 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/22/2020 4:39 PM
Growth Management Department James C French Deputy Department Head Review Completed 01/23/2020 10:03 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 02/06/2020 10:18 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/06/2020 10:53 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/06/2020 2:59 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/07/2020 9:03 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/13/2020 1:21 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM
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PL20190002635/CPSP-2019-4
1
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION,
COMPREHENSIVE PLANNING SECTION
HEARING DATE: January 16, 2019
RE: PETITION PL20190002635/CPSP-2019-4, GROWTH MANAGEMENT
PLAN AMENDMENT FOR TRANSFER OF DEVELOPMENT RIGHTS
EARLY ENTRY BONUS EXTENSION [TRANSMITTAL HEARING]
AGENT/APPLICANT
Growth Management Department, Zoning Division, Collier County Government
2800 North Horseshoe Drive, Naples, FL 34104
GEOGRAPHIC LOCATION:
The subject Growth Management Plan (GMP) amendment is a text amendment only and is
applicable to Rural Fringe Mixed Use District (RFMUD) Sending Lands (depicted in orange color
on the excerpt from the countywide Future Land Use Map on the next page).
REQUESTED ACTION:
The applicant proposes a large-scale GMP amendment to the Future Land Use Element (FLUE)
to extend the date of applicability of the RFMUD Transfer of Development Rights (TDR) Early
Entry bonus until September 27, 2022.
The proposed amended text is depicted on Resolution Exhibit A.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is requesting this change to facilitate participation in the RFMUD TDR program.
BACKGROUND AND ANALYSIS:
The Board of County Commissioners (BCC) adopted GMP amendments in June of 2002 to
establish the RFMUD including the TDR program (those amendments did not become effective
until July 2003 due to a “challenge” to their statutory compliance). At that time, the T DR program
only included the base TDR Credit (1 TDR Credit per 5 acres). In 2005, the GMP was amended
to add three density bonuses to further incentivize owners of Sending Lands to participate in the
TDR program, one of which is the Early Entry bonus. In particular, the Early Entry bonus was
intended as an inducement for land owners to participate in the TDR program sooner than later –
similar to the “early entry participation provision” in the Rural Lands Stewardship Area Overlay
which was adopted in October 2002. The original Early Entry bonus was for a period of three
years (from the date of the implementing Land Development Code amendment) out to 2008 and
has been extended multiple times. The subject amendment is to extend the Early Entry bonus
17.A.1
Packet Pg. 2685 Attachment: CCPC StaffRpt CPSP-2019-4 _FNL (11168 : TDR Early Entry Bonus Extension GMP)
PL20190002635/CPSP-2019-4
2
from September 27, 2018 until September 27, 2022 (as directed by the Board of County
Commissioners on November 12, 2019). Prior to that time, the RFMUD Restudy-based GMP
amendments should be completed, which may or may not include changes to this Early Entry
bonus provision. [Note: Two letters of support were received for the staff request to the Board in
November 2019 seeking direction to initiate the subject GMP amendment.]
Assuming this GMP amendment is approved for transmittal to the statutorily required review
agencies, it will return to the CCPC and BCC for Adoption hearings.
NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES:
As this is not a site-specific GMP amendment, a Neighborhood Information Meeting (NIM) is not
required by LDC Section 10.03.05 F.
LEGAL CONSIDERATIONS:
This Staff Report was reviewed by the County Attorney’s Office on December 16, 2019. The
criteria for GMP amendments to the Future Land Use Element are in Sections 163.3177(1)(f) and
163.3177(6)(a)2, Florida Statutes. [HFAC]
17.A.1
Packet Pg. 2686 Attachment: CCPC StaffRpt CPSP-2019-4 _FNL (11168 : TDR Early Entry Bonus Extension GMP)
PL20190002635/CPSP-2019-4
3
CCPC StaffRpt CPSP-2019-4
G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2019 GMPAs Outside of Cycles\PL20190002635_CPSP-2019-
4 EE TDR Bonus\CCPC & BCC Transmittal dw/12-5-19
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Packet Pg. 2687 Attachment: CCPC StaffRpt CPSP-2019-4 _FNL (11168 : TDR Early Entry Bonus Extension GMP)
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Packet Pg. 2688 Attachment: Resolution_12.9.19 (11168 : TDR Early Entry Bonus Extension GMP)
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Packet Pg. 2689 Attachment: Resolution_12.9.19 (11168 : TDR Early Entry Bonus Extension GMP)
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Packet Pg. 2690 Attachment: Resolution_12.9.19 (11168 : TDR Early Entry Bonus Extension GMP)
Napleti
r
Bktihj
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC COMPREHENSIVE PL ANNING DEV
3299 TAMIAMI TRL E 700
NAPLES, FL 34112
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared said legal clerk who on oath says that
he/she serves as Legal Clerk of the Naples Daily News, a
daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising was published in
said newspaper on dates listed. Affiant further says that the
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in
said
Collier County, Florida; distributed in Collier and Lee
counties of Florida, each day and has been entered as
second class mail matter at the post office in Naples, in
said Collier County, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any person, or corporation any discount,
rebate, commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
Published:February 5,2020
Subscribed and sworn to before on February 5,2020:
vV1 cw }C ZX
Notary, State of WI,County of Brown
rARA MONDLOCII
Notary Public
State of Wisconsin
My commission expires August 6,2021
Publication Cost: $388.50
Ad No:0004024714
Customer No: 1303804
PO#:
This is not an invoice
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Packet Pg. 2691 Attachment: 04_CCPC Affidavit & Advertisement (11168 : TDR Early Entry Bonus Extension GMP)
NOTICE OF PUBLIC HEARING
Notice it, I'eieby given that
Pro Collier County Board of
County Commissioners will
hold aµaide hearing un Feb-ruary
25. 2020, commencing at
9:00 a.m., •rl IN Ward ol Geunty
Comrmssonets Cham eel.
Third Floor, Chilie, Coen.ty
Government Center, 3299 E.
I'amiani Trail,Naplus,FL The
purpose of the hearing is 10
consular A
RESOLUTION OP THE BOARD
OF COUNTY COMMIS-SIONERSPROPOSINGAMEND-
MENT
TO THE COLLIERCOUN-TV
GROWTH MANAGEMENT PLAN,
ORDINANCE 88-05, AS AMENDED.
SPECIFICALL AMENDING
THE FUTURELAND USEELEMEHTTO
EXTENDTHE AVAILABILITY
OF THE EARL)ENTRY
TRANSFER OF DEVEL OPMENT
RIGHTS BONUS FOB PROPERTYWITHIN
THE RURAI FRINGE
MIXED USE DISTRICT SENDING
LANDS, AND FUR THERMORE
RECOMMENDING TRANSMITTAL
OF THE AMENDMENT
TO THE FLORI DA
DEPARTMENT OF ECO NOMIC
OPPORTUNITY PL20190002838)
Alt
interested parties are invit-ed
to appear and be heard.Copies
of the proposed RESO-LUTION
will he made available for
inspection at the GM() De.Clairmont.
Zoning Division Comprehensive
Planning Sec lion,
2800 N Horseshoe Dr.Naples,
between the hours of 8;
00 A.M. and 5:00 P.M.,Mon-day
through Friday. Further-more,
the materials wig be made
available for inspection at
the Collier Courtly Clerk's Office,
Fourth Fiore, Collier County
Govomment Cantor,3299
East Tension Trail, Suite 401
Nap l{ees,one week poor to the
scheduled hearing Any questions
pertaining to tho documents
should be directed to
the Comprehons.vo Plan•Hing
Section of the GMD Do-paltment.
Zoning Division Written
comments toed with the
Clad(to trio Boards Office or:
or to February 25,2020 will p(
s road and Lensuio'ud al tho p1W
C hearnlg Any
Deleon who decides Ic,appeal
any dec.:slun o1 trio Collier
County Board ol Coen.ry
Gcmmrssioners will need a record
of lite prucecdln,ls per Wining
thereto and Illerelore.may
need to ensure trial a verbalnu
rar.wd of the pro-ceedings
Is made. which fa cord
includes the testimony and
evidence upon which the appeal
is based II
you are a person with a dis-ability
who needs any accom-modation
In order to partici-pale
in this proceeding, you are
entitled, et no cost to you,to
the provision of certain as-sistance.
Please contact the Collier
Courtly Facilities Man-ager-
art Division, located at 3335
rainiest', Trail Easl,Suite 101,
Naples. FL 34112-5356,239}
252.8380, at least Iwo days
orb, to the meeting As-s,
sied listening devices Its the hearing
Impaired are availa-ble
in the Board of County Commissioners
Office BOARD
OF COUNTY Cr MMIS•S
I ONE RS C•.
fl I IFA('Cli now Cr r7RIf1A
17.A.3
Packet Pg. 2692 Attachment: 04_CCPC Affidavit & Advertisement (11168 : TDR Early Entry Bonus Extension GMP)
BURTyL SAUNDERS. CHAIR
MAN
CRYSTAL K KIN7_EL,CLERK
By: Ann Jennejohn, Deputy
Clerk
SEAL)
Pub Dale: Feb, 5, 2020
4024714
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Packet Pg. 2693 Attachment: 04_CCPC Affidavit & Advertisement (11168 : TDR Early Entry Bonus Extension GMP)