Agenda 11/10/2020 Item #16A11 (Developer Agreement - Hacienda Lakes of Naples, LLC)11/10/2020
Recommendation to approve a Developers Agreement with Hacienda Lakes of Naples, LLC to
provide a flowway easement in exchange for one (1) Transfer of Development Rights (TDR) credit
per five (5) acres of eligible property on 18 parcels of property within the Collier County
Comprehensive Watershed Improvement Plan (CWIP) project boundary, contingent upon final
Board approval of the Rural Fringe Mixed Use District Re -study amendments of the Growth
Management Plan and the implementing Land Development Code amendments.
OBJECTIVE: Approve a Developers Agreement with Hacienda Lakes of Naples, LLC which is critical
to the successful and timely completion of the permitting and execution of the Collier County's
Comprehensive Watershed Improvement Plan (CWIP) project subject to final board approval of the Rural
Fringe Mixed Use Restudy amendments and the implementing Land Development Code amendments.
CONSIDERATIONS: On July 10, 2018 (Item 11H), the Board of County Commissioners approved the
Project definition and permitting activities for the Collier County's Comprehensive Watershed
Improvement Plan (CWIP) project.
On April 9, 2019 (Item 1113), the Board of County Commissioners approved Resolution No.2019-63 that
conceptually approved the issuance of Transfer of Development Rights (TDR) credits to private property
owners located within the primary/secondary flowway of Collier County Comprehensive Watershed
Improvement project who will voluntarily encumber their land with a flowway easement to allow the
flow of this re -hydration water across their property; and, directed staff to include a Flowway TDR bonus
credit provision to the Growth Management Plan as part of the Rural Fringe Mixed Use District Restudy
amendments.
A developer agreement has been reached with Hacienda Lakes of Naples, LLC to provide flowway
easements on 18 parcels of property totaling 1,286.10 acres in exchange for one (1) TDR credit per five
(5) acres of eligible property. These flowway easements will be executed at the transfer rate of one (1)
TDR credit per five (5) acres of eligible property totaling 258.15 credits, consistent with the existing TDR
bonus credit ratio contained in the Rural Fringe Mixed Use District (RFMUD) Program. Hacienda Lakes
of Naples, LLC is the largest property holder within the Collier County Comprehensive Watershed
Improvement project boundary with all parcels being identified on the Future Land Use Map of the
Collier County Growth Management Plan as Agricultural/Rural, Rural Fringe Mixed Use District
(RFMUD) Sending Lands and located within the Belle Meade and Natural Resource Protection Area
Overlays; and, are zoned A - Rural Agricultural District, and within the Rural Fringe Mixed Use Sending
Lands and Belle Meade Zoning Overlays.
The RFMUD amendments to the Growth Management Plan (GMP) are being completed in a
comprehensive manner, and are tentatively scheduled for Transmittal hearings before the Collier County
Planning Commission and the Board of County Commissioners in early 2021; it is anticipated that all
GMP hearings, including the Adoption hearings and Land Development Code amendment hearings shall
be completed within a 9 to 12 month period. Staff has also completed an analysis of the Rural Fringe
Mixed Use TDR availability and determined that an imbalance exists and that the "likely Case" scenario
is that demand would likely be more than double the supply under the current RFMUD Program structure.
Resolution of the flowway easement with respect to TDR credits is critical to the successful and timely
completion of the permitting and execution of this project. Approval of this developer's agreement,
contingent upon final board approval of the Rural Fringe Mixed Use amendments and the implementing
Land Development Code amendments, is critical to this project and sends a message to other property
owners and community of Collier County its intent to complete this critical restoration project.
FISCAL IMPACT: Funding is available in Project 33554 & 33673 and funded through RESTORE a US
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11/10/2020
Department of Treasury Direct Component (Potl) Grant along with a Gulf Consortium (Pot 3) Grant.
GROWTH MANAGEMENT IMPACT: Implementation of this program will be consistent with
environmental goals in the Conservation and Coastal Management Element and supports the RFMUD
TDR program goals, including providing adequate supply of credits/compensation to Program
participants.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. (HFAC)
RECOMMENDATION: Approve a Developers Agreement with Hacienda Lakes of Naples, LLC to
provide a flowway easement(s) in exchange for one (1) TDR credit per five (5) acres of eligible property
on 18 parcels of property within the Collier County Comprehensive Watershed Improvement Plan
(CWIP) project boundary, contingent upon final Board approval of the Rural Fringe Mixed Use Restudy
amendments of the Growth Management Plan and the implementing Land Development Code
amendments.
Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees
and Program Management Division
ATTACHMENT(S)
1. Private Land Ownership Map CWIP (PDF)
2. Resolution 2019-63 04_09_2019 Item #11B (PDF)
3. TDR Agreement - 110320(2) (PDF)
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11/10/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 14099
Item Summary: Recommendation to approve a Developers Agreement with Hacienda Lakes of
Naples, LLC to provide a flowway easement in exchange for one (1) TDR credit per five (5) acres of
eligible property on 18 parcels of property within the Collier County Comprehensive Watershed
Improvement Plan (CWIP) project boundary, contingent upon final board approval of the Rural Fringe
Mixed Use Re -study amendments to the Growth Management Plan and the implementing Land
Development Code amendments.
Meeting Date: 11/10/2020
Prepared by:
Title: — Capital Project Planning, Impact Fees, and Program Management
Name: Jessica Arencibia
11/03/2020 3:08 PM
Submitted by:
Title: Division Director - IF, CPP & PM — Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
11/03/2020 3:08 PM
Approved By:
Review:
Zoning
County Attorney's Office
County Attorney's Office
County Manager's Office
Board of County Commissioners
Gary McAlpin Additional Reviewer
Heidi Ashton-Cicko Additional Reviewer
Completed 11/03/2020 3:31 PM
Completed 11/04/2020 8:28 AM
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/04/2020 8:52 AM
Nick Casalanguida Level 4 County Manager Review
MaryJo Brock Meeting Pending
Completed 11/04/2020 9:17 AM
11/10/2020 9:00 AM
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CERTIFICATE OF AUTHORVATEOINJ4Bf5
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RESOLUTION NO.2019 - —6 -1_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, CONCEPTUALLY APPROVING THE
DEVELOPMENT OF TRANSFER OF DEVELOPMENT RIGHTS INCENTIVES
FOR OWNERS OF PRIVATE PROPERTY LOCATED WITHIN THE
PRIMARY/SECONDARY FLOWWAY OF THE COLLIER COUNTY
COMPREHENSIVE WATERSHED IMPROVEMENT PROJECT, SUBJECT TO
ADOPTION OF GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT
CODE AMENDMENTS.
WHEREAS, on September 27, 2016, under Item 11 B, the Board of County Commissioners
(Board) approved the Collier County Comprehensive Watershed Improvement Plan, to reduce freshwater
flows to Naples Bay, restore freshwater flows into Rookery Bay, and rehydrate approximately 10,000 acres
of the Picayune Strand State Forest/South Belle Meade area; and
WHEREAS, on October 10, 2017, the Board, via Resolution No. 2017-183, approved the submittal
of the Multi -Year Implementation Plan to the Department of the Treasury, to obtain grant funding for the
Comprehensive Watershed Improvement Plan through the RESTORE Act, which was established in
connection with the Deepwater Horizon oil spill in the Gulf of Mexico; and
WHEREAS, on July 10, 2018, under Item 11H, the Board approved the project development and
permitting activities for the Comprehensive Watershed Improvement Plan; and
WHEREAS, critical to the success of the project will be the rehydration and flow of water within
the primary/secondary flowway in the South Belle Meade area, which includes a number of privately owned
parcels of land; and
WHEREAS, the Board desires to provide incentives for those private property owners who will
voluntarily encumber their land with a flowway easement or agreement to allow the flow of this rehydration
water across their property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board conceptually approves the issuance of a transfer of development rights (TDR)
credit to private property owners located within the primary/secondary flowway of Collier County
Comprehensive Watershed Improvement Project who will voluntarily encumber their land with a flowway
easement/agreement to allow the flow of this re -hydration water across their property.
2. The Board directs staff to include changes to the Growth Management Plan with the Rural
Fringe Mixed Use restudy amendments to the Growth Management Plan including the following:
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a. One TDR credit may be approved for selected private property owners within the
primary/secondary flowway in the South Belle Meade area who will voluntarily
encumber their land with a flowway easement or agreement.
b. Property owners will be eligible to apply for the TDR credit for a period of two
years after adoption of the Growth Management Plan and Land Development Code
amendments.
C. The additional TDR credit does not require that ownership of the subject property
be transferred to the State.
d. Project specific agreement.
The Board also directs staff to explore funding for exotic removal and the long term exotic
maintenance on some selected/critical properties as an inducement to incentivize the property owner to
transfer the property to the state for the conveyance credit TDR that is currently available in the LDC.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this
day of , 2019.
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Attest as to u Clerk
�igttature oi�ly�; .. �;'
Appr ved as to form and legality:
eidi F. Ashton-Cicko, County Attorne
BOARD OF COUNTY COMMISSIONERS
COLLIIER�' COU A
By. C .
WIL�fAM L. MCDANIEL, JR., AIRMAN
Item #_
Agenda -�
Date
Date
Reed
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AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND
HACIENDA LAKES OF NAPLES, LLC RELATING TO TRANSFER OF DEVELOPMENT
RIGHTS BONUS FOR FLOWWAY EASEMENTS
This AGREEMENT is made and entered into as of this day of , 2020
("Effective Date") by and between COLLIER COUNTY, a political subdivision of the State of Florida (the
"County') and Hacienda Lakes of Naples, LLC, a Florida limited liability company ("Hacienda").
RECITALS:
WHEREAS, Section 163.3202, Florida Statutes (pertaining to county and municipal land use
regulations) provides in relevant part under subsection (3) thereof that local governments are encouraged
to use innovative land development regulations which include provisions such as transfer of development
rights ("TDRs");
WHEREAS, the County has adopted a TDR program, which may be modified or amended from
time to time ("TDR Program") pursuant to Section 2.03.07, Collier County Land Development Code, with
the specific purpose to provide a viable mechanism for property owners of environmentally sensitive lands
to place their land in conservation and recoup the lost value of development potential; and
WHEREAS, to incentivize transferring development from sending areas (conservation lands) in
the Rural Fringe Mixed Use District of the Growth Management Plan to receiving areas, the TDR Program
generates TDR credits ("Credits") from sending areas to be redeemed as a density bonus in receiving areas;
and
WHEREAS, on September 25, 2018, the Board of County Commissioners directed staff to prepare
amendments to the Rural Fringe Mixed Use District of the Growth Management Plan following completion
of the public planning process; and
WHEREAS, on April 9, 2019, the Board of County Commissioners adopted Resolution 2019-63
conceptually approving transfer of development rights incentives for private property owners who
voluntarily encumber their land with a flowway easement or agreement to allow the flow of rehydration
water across their property in the Rural Fringe Mixed Use District and South Belle Meade area; and
WHEREAS, the County is drafting amendments to the Rural Fringe Mixed Use District of the
Growth Management Plan, PL No. ("Re -study amendments") to allow one Belle Meade
Flowway TDR Bonus Credit for property owners of qualified Sending Lands in the proposed Belle Meade
Hydrologic Enhancement Overlay and the Rural Fringe Mixed Use District that convey flowway easements
to the County, at a ratio of one credit per 5 acres (the "Flowway TDR Credit"); and
WHEREAS, Hacienda is an owner of qualified Sending Lands in the proposed Belle Meade
Hyrdologic Enhancement Overlay and the Rural Fringe Mixed Use District and desires to convey a flowway
easement to the County in exchange for the Flowway TDR Credits;
WHEREAS, the County desires the flowway easements on property owned by Hacienda for the
County's Comprehensive Watershed Improvement Plan Project to improve water quality and rehydrate
land in the South Belle Meade area.
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WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations
contained herein, the County and Hacienda agree as follows.
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. Hacienda owns Sending Lands in the proposed Belle Meade Hydrologic Enhancement Overlay and
the Rural Fringe Mixed Use District of the Growth Management Plan totaling t acres. Within
this area, Hacienda has agreed to convey by flowway easement to County approximately 1286.1 Of
acres, as identified in Exhibit A, attached hereto and incorporated herein ("Pro a ").
3. No later than the effective date of the adoption Ordinance of the Re -study Amendments, Hacienda
shall convey the Property to County, by flowway easement, in a form acceptable to Collier County,
free and clear of all liens and encumbrances, and at no cost to County.
4. After the adoption of the Re -study Amendments and after the effective date of the adoption of the
implementing Land Development Code amendments, Hacienda will be entitled to use the Flowway
TDR Credit, as they may be modified under Paragraph 5.
5. The County agrees that, in the event the County adopts any modifications to Re -study Amendments
to allocate greater than the one credit per five acres for the conveyance of flowway easements to
qualified Sending Lands in the proposed Belle Meade Hydrologic Enhancement Overlay and the
Rural Fringe Mixed Use District ("Additional Credits"), Hacienda will be eligible to obtain such
Additional Credits provided it qualifies even though it has already conveyed the Property.
6. This Agreement will be recorded by the County in the Public Records of Collier County at the
expense of Collier County.
7. In the event either party hereto shall institute legal proceedings in connection with, or for the
enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit,
including reasonable attorney's fees, at both trial and appellate levels.
8. This Agreement is the entire agreement between the parties, and supersedes all previous oral and
written representations, agreements and understandings between the parties. This Agreement shall
be governed by the laws of the State of Florida, and may not be altered or amended in any way,
save by written agreement signed by both parties.
9. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the
parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first above written.
Signed, sealed and delivered
in the presence of.
HACIENDA:
HACIENDA LAKES OF NAPLES, LLC, a
Florida limited liability company
(1) By: —
Print Name: Name:
Title:
Print Name:
STATE OF FLORIDA )
SS:
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 2020 by
, as , of Hacienda Lakes of Naples, LLC, a Florida
limited liability company, on behalf of such limited liability company. S/He is personally known to me or
has produced as identification.
SWORN TO AND SUBSCRIBED before me by means of physical presence or online
notarization this day of , 2020.
[NOTARIAL SEAL]
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
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ATTEST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
Approved as to form and legality:
V.\( P?j `2�)
Heidi Ashton-Cicko
Managing Assistant County Attorney
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COUNTY:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
Burt L. Saunders, Chairman
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EXHIBIT "A"
THE PROPERTY
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Exhibit A
Number PARCEL ID TDR Status NAME-1 LEGAL-1 LEGAL-2 ACRES
Hacienda Lakes of Naples Expected TDR's
6
438401006
Base/EE/Restoration
HACIENDA LAKES OF NAPLES LLC
25 50 26 BEG AT SE CNR SEC 25, N 2722.27FT TO E1/4 CNR, N 89
501.08
7
467GA0001
Base/EE/Restoration
HACIENDA LAKES OF NAPLES LLC
30 50 27 51/2, LESS W1/2 OF NW1/4 OF NW1/4 OF E1/2 OF
287.95
20
459040006
Base/EE/Restoration
HACIENDA LAKES OF NAPLES LLC
19 50 27 SWl/4
184.87
55
437160005
Base/EE/Restoration
HACIENDA LAKES OF NAPLES LLC
24 50 26 SW1/4 OF SES/4 4L58 AC.
42.19
56
436920000
Base/EE/Restoration
HACIENDA LAKES OF NAPLES LLC
24 50 26 NE 1/4 OF SE 1/4, W 1/2 OF SE 1/4 OF SE 1/4, E 1/2
64.97
57
438360901
Base/EE/Restoration
HACIENDA LAKES OF NAPLES LLC
24 50 26 E 1/2 OF W 1/2 OF SE. 1/4 OF SE1/4, W1/2 OF E1/2 OF
20,56
59
437360009
Base/EE/Restoration
HACIENDA LAKES OF NAPLES LLC
24 50 26 SWl/4 OF NE1/4, 42.30 AC OR 857 PG 323
42.24
60
436960002
Base/EE/Restoration
HACIENDA LAKES OF NAPLES LLC
24 50 26 W1/2 OF SEl/4 OF NE1/4 21.12 AC OR 857 PG 323
21.95
88
457360005
Base/EE/Restoration
HACIENDA LAKES OF NAPLES LLC
15 50 27 N1/2 OF N1/2 OF SE1/4
41.69
90
457320003
Base/EE /Restoration
HACIENDA LAKES OF NAPLES LLC
15 50 27 NI/2 OF S1/2 OF SE 1/4
41.32
97
437800006
Base/EE/Restoration'
HACIENDA LAKES OF NAPLES LLC
24 50 26 N1/2 OF NE1/4 OF SE1/4 OF SW1/4
5.33
98
437440000
Base/EE/Restoration`
HACIENDA LAKES OF NAPLES LLC
'.24 50 26 E1/2 OF SE1/4 OF NE1/4 OF SW1/4
5.31
99
437640004
Base/EE/Restoration'
HACIENDA LAKES OF NAPLES LLC
24 50 26 S1/2 OF NE1/4 OF SES/4 OF SW1/4
5,33
100
438000009
Base/EE/Restoration"
HACIENDA LAKES OF NAPLES LLC
24 50 26 E 1/2 OF ES/2 OF SW 1/4 OF SW 1/4 2.67 AC OR 907 PG 1906
2.67
101
438360600
Base/EE/Restoration•
HACIENDA LAKES OF NAPLES LLC
24 50 26 W1/2 OF E1/2 OF SW1/4 OF SW1/4
2.67
102
438360804
Base/EE/Restoration'
HACIENDA LAKES OF NAPLES LLC
24 50 26 W1/2 OF SES/4 OF SE 1/4 OF SWl/4
5.33
103
438361007
Base/EE/Restoration'
HACIENDA LAKES OF NAPLES LLC
24 50 26 E1/2 OF SE1/4 OF SE 1/4 OF SW1/4 _.
5.33
104
438360105
Base/EE/Restoration"
HACIENDA LAKES OF NAPLES LLC
24 50 26 W1/2 OF SE1/4 OF NE1/4 OF SW1/4
5.31
'..
1286.10
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