Resolution 2009-058
RESOLUTION 2009- 58
A Resolution of the Collier County Board
of County Commissioners designating
5,868.7 Acres in the Rural Lands
Stewardship Area Zoning Overlay District
as a Stewardship Sending Area with a
designation as "BCI/BCP SSA 10"
pursuant to the terms set forth in the
Escrow Agreement, Stewardship Sending
Area Credit Agreement for BCIIBCP SSA
10, and Stewardship Easement Agreement
for BCI/BCP SSA 10; approving a
Stewardship Sending Area Credit
Agreement for BCI/BCP SSA 10; approving
a Stewardship Easement Agreement for
BCI/BCP SSA 10; approving an Escrow
Agreement for BCI/BCP SSA 10; and
establishing the number of stewardship
credits generated by the designation of
said Stewardship Sending Area
WHEREAS, Barron Collier Investments, Ltd. (BC!), a Florida Limited
Partnership and Barron Collier Partnership, LLLP (BCP), a Florida Limited
Liability Limited Partnership, formerly known as Barron Collier Partnership, a
Florida General Partnership, own approximately five thousand eight hundred
sixty-eight and seven tenths (5,868.7) acres located within the boundaries of the
Rural Lands Stewardship Area Zoning Overlay District ("RLSA District") located
in Collier County, Florida; and
WHEREAS, Owner has voluntarily requested that said land be designated
as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to
Section 4.08.06 of the Collier County Land Development Code ("LDC") and the
terms of the Escrow Agreement for BCI/BCP SSA 10 Stewardship Sending Area
Credit and Stewardship Easement Agreement; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the BCI/BCP SSA 10 land; and
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LDC,
and determined that the Application is legally sufficient; and
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement, Stewardship . Sending Area Credit
Agreement for BCI/BCP SSA 10, and Stewardship Easement Agreement for
BCI/BCP SSA 10 are in compliance with, and meet the requirements of the LDC,
and provide a substantial benefit to the general public.
1.
NOW, THEREFORE, be it resolved by the Board that:
BCI/BCP SSA 10, as described in attached Exhibit 1, consisting of
approximately five thousand eight hundred sixty-eight and seven
tenths (5,868.7) acres is hereby designated as a Stewardship
Sending Area ("SSA"), and will be officially designated as "BCI/BCP
SSA 10" on the Official Zoning Atlas Map pursuant to the terms of
the Escrow Agreement for BCI/PCP SSA 10, Stewardship Sending
Area Credit Agreement for BCI/PCP SSA 10 and the Stewardship
Easement Agreement for BCI/PCP SSA 10.
The Stewardship Credit Agreement for BCI/BCP SSA 10, attached
hereto as Exhibit 2, meets the requirements of Section 4.08.06 of
the LDC and the Board hereby approves the Stewardship Credit
Agreement for BCI/BCP SSA 10.
2.
3.
The Stewardship Easement for BCI/BCP SSA 10, attached hereto
as Exhibit 3, meets the requirements of Section 4.08.06 of the LDC
and the Board hereby approves the Stewardship Easement
Agreement for BCI/BCP SSA 10.
4.
The Escrow Agreement for BCI/BCP SSA 10, attached hereto as
Exhibit 4, is hereby approved by the Board which provides for the
delay of the recordation of the Stewardship Sending Area Credit
Agreement for BCI/BCP SSA 10 and the Stewardship Easement
Agreement until such time as the proposed development project
has received the necessary final and non-appealable local, state
and federal permits, other than plat, site development plan and
building permit, necessary to construct the development project
consistent with the provisions of Section 4.08.07 of the Collier
County Land Development Code.
5.
The Board hereby establishes, grants and assigns twenty six
thousand nine hundred and forty three and eight tenth (26,943.8)
Stewardship Credits to the Owner, which may be sold, transferred,
or otherwise utilized by the Owner in accordance with Section
4.08.04 of the LDC and the terms of the Escrow Agreement for
BCI/BCP SSA 10; Stewardship Sending Area Credit Agreement for
BCI/BCP SSA 10 and the Stewardship Easement Agreement for
BCI/BCP SSA 10.
6. The Board hereby establishes and authorizes an additional thirteen
thousand eight hundred and seventy two and four tenths (13,872.4)
Stewardship Credits to be transferred to the Owner under the terms
of the Credit Agreement attached hereto as Exhibit 2.
7. The Board further approves and authorizes the acceptance of the
Stewardship Easement Agreement for the BCI/BCP SSA 10 lands.
8. By its designation of the lands described in Exhibit 1 as a
Stewardship Sending Area, the County shall not hereafter grant or
approve any increase in the density or additional uses beyond
those uses specifically authorized in the BCI/BCP SSA 10 Credit
Stewardship Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this \O~ day of 1Vlo.(c" , 2009, after
a Motion, seconded, and majority vote favoring same.
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APPro, v~'d:kl~~tB'jfb~m and ill
legal sufficiency: 't(J
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By~ 'ei I Ashlon-Cicko, Assistant County Attorney
IJ Land Use Section, Chief
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: tP~aFi~an
Exhibits
for
Resolution 2009-58
Can be viewed at the
Minutes and Records
Department