Agenda 06/22/2021 Item #16A26 (Pulte Homes After-the-Fact TDR Severance)06/22/2021
EXECUTIVE SUMMARY
Recommendation to approve a request from Pulte Homes to allow an after-the-fact
Transfer of Development Rights (TDR) severance from four (4) properties with a recorded
Conservation Easement dedicated to the South Florida Water Management District
(SFWMD) and accept the associated Limitation of Development Rights benefitting the
County.
______________________________________________________________________________
OBJECTIVE: To allow for the approval of an after-the-fact TDR severance on properties with a
recorded Conservation Easement dedicated to the SFWMD and accept the associated Limitation
of Development Rights benefitting the County.
CONSIDERATIONS: The Rural Fringe Mixed Use District (RFMUD) was adopted in 2002 by
Ordinance 02-32, an amendment to the Collier County Growth Management Plan (GMP). The
RFMUD is separated into three geographic areas - Sending Lands (lands with the highest
environmental value at a landscape scale), Neutral Lands (lands with environmental value, but
not at the same level of Sending Lands) and Receiving Lands (lands with the least environmental
value at a landscape scale and most appropriate lands for development). The RFMUD includes
regulations that restrict uses and residential density on Sending Lands and a voluntary TDR
Program that provides for residential development rights to be transferred from Sending Lands to
Receiving Lands, which is the compensation mechanism for Sending Lands owners for their
presumed loss in property value caused by a reduction in density and land uses.
The Ventana Pointe Residential Subdistrict (“Subdistrict”) and the Ventana Pointe Planned Unit
Development (“PUD”) were approved by the Board of County Commissioners (BCC) on July
14, 2020. One of the requirements for the approval of the Subdistrict and PUD was the
acquisition of Sending Lands to entitle development within the project via TDR severance.
County Staff reviewed the Sending Lands parcel data and confirmed on September 15, 2020 that
the lands qualified for the severance of TDRs.
Relative to the subject request, neither TDR Credits nor Bonus Credits can be generated from
RFMUD Sending Lands where a conservation easement or other similar development restriction
prohibits the residential development of such property (Land Development Code Section 2.03.07
D.4.c.vi.and Future Land Use Element, II. Implementation Strategy, Future Land Use
Designation Description Section, II. Agricultural/Rural Designation, B. Rural Fringe Mixed Use
District, section 1.D.3.a).
On November 18, 2020, the engineer for Pulte Homes recorded Conservation Easements on four
(4) parcels to the SFWMD prior to the severance of the TDR’s from Sending Lands (OR Book
5847, PG 1100).
In lieu of having the SFWMD agree to terminate the existing Conservation Easement and then
record a new Conservation Easement after the TDR’s are severed, Pulte Homes is requesting that
the BCC allow the after-the-fact TDR severances and accept the Limitation of Development
Rights benefitting the County. The County’s Limitation of Development Rights will be
subordinate to SFWMD’s Conservation Easement, but the County is fundamentally in the same
position had the SFWMD’s Conservation Easement been recorded after the Limitation of
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Development Rights.
FISCAL IMPACT: Approval of this request will allow severance of TDR Credits; the
application fee paid to the County covers the administrative costs for this process.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires
majority vote for approval. -DDP
GROWTH MANAGEMENT IMPACT: Approval of this action will further the TDR
Program as established in the GMP.
RECOMMENDATION: To approve the subject request to allow an after-the-fact TDR
severance on properties with a recorded Conservation Easement dedicated to the SFWMD and
accept the associated Limitation of Development Rights benefitting the County.
Prepared by: Michele Mosca, AICP, Principal Planner, Zoning Division
ATTACHMENT(S)
1. SFWMD - Conservation Easement - OR Book 5847 PG 1100 (PDF)
2. Ventana Pointe TDR Severance Parcels (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.26
Doc ID: 15982
Item Summary: Recommendation to approve a request from Pulte Homes to allow an after -the-
fact Transfer of Development Rights (TDR) severance from four (4) properties with a recorded
Conservation Easement dedicated to the South Florida Water Management District (SFWMD) and accept
the associated Limitation of Development Rights benefitting the County.
Meeting Date: 06/22/2021
Prepared by:
Title: Planner, Principal – Zoning
Name: Michele Mosca
05/18/2021 6:30 PM
Submitted by:
Title: Planner, Principal – Zoning
Name: Anita Jenkins
05/18/2021 6:30 PM
Approved By:
Review:
Zoning Anita Jenkins Zoning Director Review Completed 05/19/2021 8:53 AM
Growth Management Department Diane Lynch Growth Management Department Completed 05/21/2021 5:15 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/24/2021 11:07 AM
Growth Management Department Trinity Scott Transportation Skipped 05/25/2021 9:25 AM
Growth Management Department James C French Growth Management Completed 06/09/2021 10:43 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/09/2021 11:57 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/09/2021 3:02 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/15/2021 12:21 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/15/2021 10:14 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
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Packet Pg. 1225 Attachment: SFWMD - Conservation Easement - OR Book 5847 PG 1100 (15982 : After-the-fact TDR Severance)
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Packet Pg. 1239 Attachment: SFWMD - Conservation Easement - OR Book 5847 PG 1100 (15982 : After-the-fact TDR Severance)
16.A.26.bPacket Pg. 1240Attachment: Ventana Pointe TDR Severance Parcels (15982 : After-the-fact TDR Severance)
16.A.26.bPacket Pg. 1241Attachment: Ventana Pointe TDR Severance Parcels (15982 : After-the-fact TDR Severance)