Ordinance 2020-024 ORDINANCE NO. 20 - 2 4
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
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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 July 2, 2020, and the Collier
County Board of County Commissioners held on September 8, 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.
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g rk
PASSED AND DULY ADOPTED by supermajority vote this 0 day of
Sep k , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
. 0.4LtitAtOACK__ BY: Aoty%.,,,e.-1./a4•`•
Deputy Clerk Burt L. Saunders, Chairman
Attest as tOutwrnao's
signature only.
Approved as to form and legality:
./ HFAC
Heidi Ashton-Cicko 5-5-20
Managing Assistant County Attorney
Attachment: Exhibit A—Text Amendment
This ordinance fired with the
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and acknow 1E ciwzrruiretaint:-:
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EXHIBIT "A"
FUTURE LAND USE ELEMENT
FUTURE LAND USE DESIGNATION DESCRIPTION SECTION
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I. URBAN DESIGNATION
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II. AGRICULTURAL/RURAL DESIGNATION
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A. Agricultural/Rural Mixed Use District
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B. Rural Fringe Mixed Use District
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1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving
Designations:
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A) Receiving Lands:
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B) Neutral Lands:
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C) Sending Lands:
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1. Sending Lands are located entirely within the Rural Fringe Mixed Use ...
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2. Base Severance Rate:
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3. Conditions Applicable to Base and Bonus TDR Credits:
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4. Environmental Restoration and Maintenance TDR Bonus:
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5. Conveyance TDR Bonus:
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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 2-04-8, 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.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
September 14, 2020
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-24, which was filed in this office on September 11,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270