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Agenda 09/08/2020 Item #17C (PL20190002635/CPSP-2019-4)09/08/2020 EXECUTIVE SUMMARY Recommendation to approve by Ordinance an extension of the Transfer of Development Rights Early Entry Bonus Growth Management Plan Amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, and to transmit to the Florida Department of Economic Opportunity (Adoption Hearing) [PL20190002635/CPSP-2019-4]. OBJECTIVE: For the Board of County Commissioners (Board) to approve (adopt) 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. · 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 163.3184(4), Part II, Florida Statutes, held their Transmittal hearing for this petition on January 16, 2020. The Board held its Transmittal hearing on February 25, 2020. Their respective transmittal recommendations/actions are contained in the CCPC Adoption Hearing Staff Report. · In accordance with Chapter 163.3184(4), Part II, Florida Statutes, pertaining to the State Coordinated Review Process, the Transmittal package was provided to the Florida Department of Economic Opportunity (DEO) and other reviewing agencies on March 9, 2020. · After review of the Transmitted amendment within each reviewing agency’s authorized scope of review, the DEO rendered its Comment Letter indicating “no comment,” as did the Florida Department of Environmental Protection (DEP). The Comment Letters received were located within materials provided to the CCPC and are contained in Board back-up materials. The remaining reviewing agencies did not provide comments. · The CCPC held its Adoption Hearing on July 2, 2020. The staff and CCPC Adoption Hearing recommendations are presented further below. · This Adoption Hearing considers a text 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 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. No public speakers addressed the CCPC in the Adoption public hearing. 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: This is an Adoption public hearing for an amendment to the 17.C Packet Pg. 3201 09/08/2020 GMP. After Adoption, the DEO and other applicable review agencies will have 30 days (from the date DEO determines the Adoption package is complete) to review the adopted Plan amendment and, if the amendment is found not to be in compliance with statutory provisions, file a challenge [appeal] with the Florida Division of Administrative hearings. Similarly, any affected party also has 30 days (from the date of Board Adoption) in which to file a challenge. If a timely challenge is not filed by DEO or an affected party, then the amendment will become effective. 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 and 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.” 163.3177(1)(f), F.S. In addition, s. 163.3177(6)(a)2, F.S. 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 nonconforming 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 an affirmative vote of four for approval because this is the Adoption hearing of the GMP amendment. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the CCPC forward petition PL20190002635/CPSP-2019-4 to the Board with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their July 2, 2020 meeting, and voted 5/0 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 adopt by Ordinance and transmit petition PL20190002635/CPSP-2019-4, to the Florida Department of Economic Opportunity. Prepared by: Michele Mosca, AICP, Principal Planner, Community Planning Section, Zoning Division 17.C Packet Pg. 3202 09/08/2020 ATTACHMENT(S) 1. Staff Report_TDR EE Bonus CCPC Adptn_FNL2 (PDF) 2. Adoption Ordinance - 050520 (PDF) 3. Transmittal Ex_Summary_CPSP-2019-4(PDF) 4. Transmittal Staff Report CPSP-2019-4 _FNL (PDF) 5. Transmittal Resolution 2020-030 (PDF) 6. Pending upload of Advertisement (TXT) 7. Legal Ad - Agenda ID 12849 (PDF) 17.C Packet Pg. 3203 09/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 12849 Item Summary: Recommendation to approve by Ordinance an extension of the Transfer of Development Rights Early Entry Bonus Growth Management Plan Amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, and to transmit to the Florida Department of Economic Opportunity (Adoption Hearing) [PL20190002635/CPSP-2019-4]. Meeting Date: 09/08/2020 Prepared by: Title: Planner, Senior – Zoning Name: Marcia R Kendall 08/03/2020 7:31 AM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 08/03/2020 7:31 AM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Michele Mosca Additional Reviewer Completed 08/03/2020 11:13 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 08/03/2020 1:50 PM Zoning Anita Jenkins Additional Reviewer Completed 08/10/2020 10:05 AM Growth Management Department James C French Deputy Department Head Review Completed 08/10/2020 3:26 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/18/2020 10:25 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/18/2020 10:46 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/18/2020 1:09 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 08/18/2020 3:24 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/19/2020 12:32 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2020 12:12 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM 17.C Packet Pg. 3204 ‒ 1 ‒ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT/ZONING DIVISION COMPREHENSIVE PLANNING SECTION HEARING DATE: July 2, 2020 RE: PETITION PL20190002635/CPSP-2019-4, GROWTH MANAGEMENT PLAN AMENDMENT FOR TRANSFER OF DEVELOPMENT RIGHTS EARLY ENTRY BONUS EXTENSION [ADOPTION HEARING] ELEMENT: FUTURE LAND USE PROPOSED AMENDMENT The subject petition is a text only amendment to the Future Land Use Element of the Growth Management Plan (GMP) to extend the date of applicability of the Rural Fringe Mixed Use District (RFMUD) Transfer of Development Rights (TDR) Early Entry bonus until September 27, 2022 and is applicable to RFMUD Sending Lands. The extension of this date is intended to further incentivize participation in the TDR program. BACKGROUND: The Board of County Commissioners (Board) 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 TDR 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 landowners 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 from September 27, 2018 until September 27, 2022 , as directed by the Board on November 12, 2019. Two letters of support were received to initiate the subject GMP amendment. Transmittal hearings on the amendment were held on January 16, 2020 by the Collier County Planning Commission (CCPC) and on February 25, 2020 (Board). The Transmittal recommendations/actions are presented further below. Within CCPC materials provided, you will find the Transmittal Executive Summary from the Board hearing, and the Transmittal CCPC staff report . 17.C.1 Packet Pg. 3205 Attachment: Staff Report_TDR EE Bonus CCPC Adptn_FNL2 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) ‒ 2 ‒ In accordance with Chapter 163.3184(3)(b)1., F.S., pertaining to the Expedited State Review Process, this Transmittal package was provided to the Florida Department of Economic Opportunity (DEO) and other reviewing agencies on March 9, 2020. REVIEW AGENCY COMMENT LETTERS After review of the Transmitted amendment within each reviewing agency’s authorized scope of review, the DEO [who assigned review no. 20-02ESR] and the Florida Department of Environmental Protection (DEP) rendered their comment letters indicating “no comment” or “no adverse impacts found.” The Comments Letters/emails received are located within materials provided to the CCPC. The remaining reviewing agencies did not provide a Comment Letter. Within CCPC materials provided is an Ordinance with Exhibit “A”; this exhibit reflects the text as approved by the Board for Transmittal. TRANSMITTAL STAFF RECOMMENDATION: Transmit to DEO. CCPC RECOMMENDATION: Transmit to DEO (vote: 7/0). BOARD ACTION: Transmit to DEO (vote: 5/0). ADOPTION After Transmittal Hearings, staff added text to the GMPA adoption Ordinance to provide for the extension of the TDR Early Entry Bonus date, by Resolution of the Board of County Commissioners, to make consistent with the TDR Early Entry Bonus provisions of the Land Development Code. STAFF RECOMMENDATION That the CCPC forward the petition to the Board with a recommendation to adopt and transmit, as revised, to the Florida Department of Economic Opportunity and review agencies that provided comments. LEGAL REVIEW This Staff Report was reviewed by the County Attorney’s Office on June 9, 2020. 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. [Remainder of page intentionally left blank] 17.C.1 Packet Pg. 3206 Attachment: Staff Report_TDR EE Bonus CCPC Adptn_FNL2 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) PREPAREO BY: DATE, I IZ ?L iUICHELE COMPRE R. MOSCA, AICP PRINCIPAL PLANNER HENSIVE PLANNING SECTION. ZONING DIVISION REVIEWED BY: DATE AN JENKINS. AIC MUNITY PLANNING MANAGER COMPREHENSIVE PLANNING SECTION. ZONING DIVISION APPROVED BY: DATE 6-,r/_2t2o JAMES FRENCH. DEPUTY DEPARTMENT HEAD GROWTH MANAGEMENT DEPARTMENT Petition Number: P120190002635/CPSP-20194 Staff Report for J uly 2. 2020 CPCC meeting. NorE: This petition has been tentatively scheduled for the september 22,2o2o BCC meeting. CCPC Sbmpr CPSP-2019-4 Gjtr-nES Planning SeNirs\compch€nsrve\comp Phnning GMP DATA\coop Phn Amendmenb\2o19 GMpAs oubde ol cyct6\p120190002635-cpsp-2019-4 EE ToR BonljslCCPC E BCC Adoptbn -3- /t''''22 17.C.1 Packet Pg. 3207 Attachment: Staff Report_TDR EE Bonus CCPC Adptn_FNL2 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) [19-CMP-01068/1538813/1]52 PL20190002635 5/5/20 Words underlined are additions; words struck through are deletions. *** *** *** *** are a break in text 1 of 3 ORDINANCE NO. 20 - _______ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO EXTEND THE AVAILABILITY OF THE EARLY ENTRY TRANSFER OF DEVELOPMENT RIGHTS BONUS FOR PROPERTY WITHIN THE RURAL FRINGE MIXED USE DISTRICT-SENDING LANDS, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [PL20190002635] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County staff has initiated this amendment to the Future Land Use element; and WHEREAS, Collier County transmitted the Growth Management Plan amendments to the Department of Economic Opportunity for preliminary review on March 9, 2020, after public hearings before the Collier County Planning Commission and the Board of County Commissioners; and WHEREAS, the Department of Economic Opportunity reviewed the amendments to the Future Land Use Element to the Growth Management Plan and transmitted its comments in writing to Collier County within the time provided by law; and WHEREAS, Collier County, has 180 days from receipt of the Comments Report from the Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and CAO 17.C.2 Packet Pg. 3208 Attachment: Adoption Ordinance - 050520 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) [19-CMP-01068/1538813/1]52 PL20190002635 5/5/20 Words underlined are additions; words struck through are deletions. *** *** *** *** are a break in text 2 of 3 WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report, the documents entitled Collier County Growth Management Plan Amendments and other documents, testimony and information presented and made a part of the record at the public hearings of the Collier County Planning Commission held on ____________, 2020, and the Collier County Board of County Commissioners held on ____________, 2020; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Future Land Use Element attached hereto as Exhibit “A” and incorporated herein by reference, are hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Opportunity. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. CAO 17.C.2 Packet Pg. 3209 Attachment: Adoption Ordinance - 050520 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) [19-CMP-01068/1538813/1]52 PL20190002635 5/5/20 Words underlined are additions; words struck through are deletions. *** *** *** *** are a break in text 3 of 3 PASSED AND DULY ADOPTED by supermajority vote this _____ day of _____________, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA __________________________ BY: ______________________________ Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: ________________________________ Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A – Text Amendment HFAC 5-5-20 CAO 17.C.2 Packet Pg. 3210 Attachment: Adoption Ordinance - 050520 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) Page 1 of 1 EXHIBIT “A” FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** *** *** *** *** *** *** *** *** I.URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** *** II.AGRICULTURAL/RURAL DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** *** A.Agricultural/Rural Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** *** B.Rural Fringe Mixed Use District *** *** *** *** *** *** *** *** *** *** *** *** *** 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: *** *** *** *** *** *** *** *** *** *** *** *** *** A)Receiving Lands: *** *** *** *** *** *** *** *** *** *** *** *** *** B)Neutral Lands: *** *** *** *** *** *** *** *** *** *** *** *** *** C)Sending Lands: *** *** *** *** *** *** *** *** *** *** *** *** *** 1. Sending Lands are located entirely within the Rural Fringe Mixed Use … *** *** *** *** *** *** *** *** *** *** *** *** *** 2.Base Severance Rate: *** *** *** *** *** *** *** *** *** *** *** *** *** 3. Conditions Applicable to Base and Bonus TDR Credits: *** *** *** *** *** *** *** *** *** *** *** *** *** 4. Environmental Restoration and Maintenance TDR Bonus: *** *** *** *** *** *** *** *** *** *** *** *** *** 5.Conveyance TDR Bonus: *** *** *** *** *** *** *** *** *** *** *** *** *** 6. Early Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the form of an additional one TDR Credit for each base TDR Credit severed from Sending Lands from March 5, 2004 until September 27, 2022 2018, unless further extended by resolution by the Board of County Commissioners. Early Entry TDR Bonus Credits may be used after the termination of the bonus period. *** *** *** *** *** *** *** *** *** *** *** *** *** CAO 17.C.2 Packet Pg. 3211 Attachment: Adoption Ordinance - 050520 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) CPSP-2019-4 Early Entry TDR bonus Ext GMP Amendment Page 1 of 4 EXECUTIVE 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 OBJECTIVE: For the 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 January 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 17.C.3 Packet Pg. 3212 Attachment: Transmittal Ex_Summary_CPSP-2019-4 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) CPSP-2019-4 Early Entry TDR bonus Ext GMP Amendment Page 2 of 4 Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: Section 163.3177(1)(f): All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and 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 comprehensive plan or 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. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area’s proportional share of the total county population and the total county population growth. Section 163.3177(6)(a) 2. The future land use plan and plan amendments shall be based upon 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. 17.C.3 Packet Pg. 3213 Attachment: Transmittal Ex_Summary_CPSP-2019-4 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) CPSP-2019-4 Early Entry TDR bonus Ext GMP Amendment Page 3 of 4 (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 nonconforming 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 discouragement of urban sprawl. (i) The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. (j) The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(1)(f), FS. In addition, Section 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 a 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 17.C.3 Packet Pg. 3214 Attachment: Transmittal Ex_Summary_CPSP-2019-4 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) CPSP-2019-4 Early Entry TDR bonus Ext GMP Amendment Page 4 of 4 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. STAFF RECOMMENDATION TO THE COLLIER COUNTY BOARD OF COUNTY COMMISSION: That the BCC approve 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 17.C.3 Packet Pg. 3215 Attachment: Transmittal Ex_Summary_CPSP-2019-4 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) 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.C.4 Packet Pg. 3216 Attachment: Transmittal Staff Report CPSP-2019-4 _FNL (12849 : TDR Early Entry Bonus Extension GMPA Adoption) 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.C.4 Packet Pg. 3217 Attachment: Transmittal Staff Report CPSP-2019-4 _FNL (12849 : TDR Early Entry Bonus Extension GMPA Adoption) 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 17.C.4 Packet Pg. 3218 Attachment: Transmittal Staff Report CPSP-2019-4 _FNL (12849 : TDR Early Entry Bonus Extension GMPA Adoption) RESOLUTION NO. 2020- 36 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT TO EXTEND THE AVAILABILITY OF THE EARLY ENTRY TRANSFER OF DEVELOPMENT RIGHTS BONUS FOR PROPERTY WITHIN THE RURAL FRINGE MIXED USE DISTRICT-SENDING LANDS, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. [PL20190002635] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, staff prepared an amendment to the Future Land Use Element; and WHEREAS, on January 16, 2020, the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on February 25, 2020, the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and 19-CMP-01068/1525044/1]35 2/25/20 Page 1 of 2 Words underlined are additions,words struck through are deletions. 17.C.5 Packet Pg. 3219 Attachment: Transmittal Resolution 2020-030 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote th•is a 5 day of.Fe.b r l t,Lr y, 2020. 1 1 {ATTES,T: BOARD OF COUNTY COMMISSIONERS ex 0°4CRYS1I . KINZEL, CLERK COLLIE OUNTY, FLO DA s, BY: dW4IDA , ;' °'°1,4•1, u erk BURT L. SAUNDERS, Chairman signature on y. Approved as to form and legality: 10tt A Jo Hei i Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment 19-CMP-01068/1525044/1]35 2/25/20 Page 2 of 2 Words underlined are additions,words struck through are deletions. 17.C.5 Packet Pg. 3220 Attachment: Transmittal Resolution 2020-030 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) EXHIBIT "A" FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION I. URBAN DESIGNATION II. AGRICULTURAL/RURAL DESIGNATION A. Agricultural/Rural Mixed Use District B. Rural Fringe Mixed Use District 1. Transfer of Development Rights (TDR), and Sending,Neutral, and Receiving Designations: A) Receiving Lands: B) Neutral Lands: C) Sending Lands: 1. Sending Lands are located entirely within the Rural Fringe Mixed Use ... 2. Base Severance Rate: 3. Conditions Applicable to Base and Bonus TDR Credits: 4. Environmental Restoration and Maintenance TDR Bonus: 5. Conveyance TDR Bonus: 6. Early Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the form of an additional one TDR Credit for each base TDR Credit severed from Sending Lands from March 5, 2004 until September 27, 2022 284-8. Early Entry TDR Bonus Credits may be used after the termination of the bonus period. Page 1 of 1 17.C.5 Packet Pg. 3221 Attachment: Transmittal Resolution 2020-030 (12849 : TDR Early Entry Bonus Extension GMPA Adoption) Pending upload of Advertisement 17.C.6 Packet Pg. 3222 Attachment: Pending upload of Advertisement (12849 : TDR Early Entry Bonus Extension GMPA Adoption) 17.C.7Packet Pg. 3223Attachment: Legal Ad - Agenda ID 12849 (12849 : TDR Early Entry Bonus Extension GMPA Adoption)