Ordinance 96-37 ORDINANCE NO. 96- a7
"",,,AN
c.,?~. EMERGENCY ORDINANCE AMENDING
~'ORDINANCE NO. 91-102, AS AMENDED, THE
,.r,~:?' CODE, BY PROVIDING FOR SECTION ONE:
AMENDMENTS TO SUBSECTION 2.2.24.10,
TRANSFER OF DEVELOPMENT RIGHTS;
SECTION TWO: AMENDMENTS TO
SUBSECTION 2.2.24.11, PROCEDURE FOR
OBTAINING TRANSFER OF DEVELOPMENT
RIGHTS; SECTION THREE: AMENDMENTS TO ~, ~.
SUBSECTION 2.2.24.12, TIME LIMITATIONS ON ~ ""
DEVELOPMENT SERVICES DIRECTOR'S~ ' '-rl
APPROVAL OF TRANSFER OF RESIDENTIAL~ r,.: r--
DEVELOPMENT RIGHTS OR AUTItORIZATION?,o ,'-,
TO PROCEED WITH TIlE PROCESSING OF A~ -~, r"'2
BUILDING CONSTRUCTION PERMIT; SECTION~
FOUR: AMENDMENTS TO SUBSECTION
2.2.24.13, SEQUENTIAL USE OF RESIDENTIAL
UNITS APPROVED FOR TRANSFER BY THE
DEVELOPMENT SERVICES DIRECTOR;
SECTION FIVE: CONFLICT AND
SEVERABILITY; SECTION SIX: INCLUSION IN
THE COLLIER COUNTY LAND DEVELOPMENT
CODE; SECTION SEVEN: DECLARATION OF
EMERGENCY PURSUANT TO SEC. 125.66(3),
FLORIDA STATUTES; SECTION EIGHT:
EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Sec. 163.3161, et seq., Florida
Statutes, the Florida Local Government Comprehensive Planning and Land
Development Regulation Act (hereinafter the "Act"), is required to prepare and
adopt a comprehensive plan; and
WHEREAS, on January 10, 1989, Collier County adopted the Collier
County Growth management Plan (hereinafter the "Growth Management Plan or
GMP") as its comprehensive plan pursuant to the Act; and
WHEREAS, after adoption of the comprehensive plan, the Act and in
particular See. 163.3202(1), Florida Statutes, mandates that Collier County adopt
Words deleted are stmc4¢-through, words added are tinderlined
land development regulations that are consistent with and implement the adopted
comprehensive plan; and
WHEREAS, Collier County adopted its Land Development Code containing
its land development regulations, on October 30, 1991; and
WHEREAS, subsection 125.066(3), Florida Statutes, provides an
emergency procedure for the enactment or amendment of ordinances except fore
those ordinances which establish or amend the actual zoning map designation of a
parcel or parcels 'of land or change the actual list of permitted, conditional or
prohibited uses within a zoning category; and
WHEREAS, the amendments to subsections 2.2.24.10, 2.2.24. I 1, 2.2.24.12
and 2.2.24.13, dealing with transfers of development fights of Ordinance 91-102, as
amended, the Collier County Land Development Code, neither amend the actual
zoning map designation of any parcel or parcels of land nor change the actual list of
permitted, conditional or prohibited uses; and
WHEREAS, the Board of County Commissioners at its June 11, 1996 and
Jane 25, 1996 regularly scheduled meetings declared that an emergency exists by
virtue of a property owner's ability to transfer density from properties already
severely restricted for development purposes to higher density properties in the
urban area of the County and that such could be accomplished without the Board's
approval pursuant to subsection 2.2.24. ! 0.4 of the Land Development Code and that
immediate enactment of an amendment to said subsection of the Land Development
Code is required to alleviate the condition of emergency of unchecked increases in
density in the urban areas of the County that are subject to flooding and other
hazards associated with hurricanes and tropical storms as well as the negative
impact to quality of life associated with such increased densities; and
WHEREAS, by four-fifths vote, the Board of County Commissioners waived
the notice requirements of subsection 125.066(2), Florida Statutes, and directed its
Planning Staff' to prepare the appropriate amendments to the Land Development
Code; and
2
Words deleted are stmek-through, words added are u_n._der!jn_ed..
WHEREAS, Planning Staff has prepared the necessary amendments to
alleviate the emergency condition.
WHEREAS, subsection !.19.1.3 of the Collier County Land Development
Code provides that in the case of an emergency the additional code amendment must
receive unanimous approval by the Board of County Commissioners; and
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida, that:
SECTION ONE: Amendments to Subsection 2.2.24.10, Transfer of
Development Rights.
Subsection 2.2.24.10, "Transfer of Development fights," of Ordinance No.
91-102, as mended, the Collier County Land Development Code is hereby
mended to read as follows:
2.2.24.10 Transfer of development rights. An owner of !and designated as
ST may elect to transfer some or all of the residential development fights of his ST
land to non-ST property, as provided herein, as an alternative to the development of
the ST lands in conformity with the ST regulations.
2.2.24.10. I. The development fights shall be considered as interests in real
property and be transferred in portions or as a total as provided in this section.
0ncc used, the residential development fights shall not be used again and the
residential development fights of the subject ST lands providing them shall be
considered severed forever.
2.2.24.10.2. The transfer of development fights to be used for non-ST land
shall be from ST designated !and to non-ST !and and shall be subject to all of the
requirements of the basic zoning d/strict to which they are transferred unless
specifically approvcd otherwise as provided by law.
2.2.24.10.3. The minimum area of ST land eligible for the transfer of
development fights shall be 0.5 acres of !and, excluding submerged !and.
2.2.24.10.4. Lipon the approval of the transfer of residential development
fights for an ST land by the .4 .... ~ ..... , ,..,...:,,,,,. ,4:..,.,,,.,,. Board of County
3
Words deleted are struck-through, words added arc traderlined
Commissioners. lhe property owner of the ST land shall dedicate in fee simple lhc
land to the County or a State or federal agency; however, the lands may be
dedicated in fee simple to a private, not-for-profit conservation or environmental
organization in accordance with F.S. §704.06, as amended, with the approval of the
.J .... ~^.,,.,~..o ,.~_ .;~..,..4;..,.~,.,,. Board Of County Commissioners.
2.2.24.10.5. The maximum number of residential units which may be
mmsfe,wed requested for transfer from ST !and to non-ST land shall be compiled on
..,.~, ........r e'r ~,,.,.4 the permitted density pursuant to the underlying zonimz
category of the ST land.
2.2.24.10.6. Maximum number of residential units which eligible non-ST
lands may receive:
I. Non-ST lands in RMF-6, RMF-12 c, nd RMF-16, and RT zoning
districts are eligible to receive residential development units provided that the
maximum number of residential units which may be transferred to the non-ST land
does not exceed L}-O 10 percent of the maximum number of residential units
permitted under the basic zoning ofthe RMF-6 and RMF-12 district or ten _5 percent
of the maximum number of residential units permitted under the basic zoning of the
RMF-16 and RT district as the case may be. For the purpose of determining the
number of residential units which non-ST land is capable or receiving, the following
formula shall apply:
RMF-6 district, up to including six units per acre:
6 units x LzO I....Q0 % --- ! ,20.6 units per acre
RMF-12 district, seven to and including 12 units per acre:
i 2 units x ~-O l....Q % = LL40 ! .20 units per acre
RMF-I 6 district:
16 units x 44 _5 % = 1.59 ,80 units per acre
RT d/strict:
16 units x 44 5_ % = ! .50.80 units per acre
26 units x 44 5 % = 2.60 1.30 units per acre
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Words deleted are stmek-lhrough, words added are underlined.
2. For the purpose of calculating the final fractional residential unit
of the total number of residential units eligible for transfer to a non-ST property, the
follow/ng shall apply: Any fi'actional residential unit shall be convened upward if
one-half or more of a whole unit, or downward if less than one-half of a whole unit,
to the nearest whole unit value.
SECTION TWO: Amendments to Subsection 2.2.24.11, Procedure for
Obtaining Transfer of Residential Development Rights.
Subsection 2.2.24.11, "Procedure for Obtaining Transfer of Residential
Development Rights" of Ordinance No. 91-102, as amended, the Collier County
Land Development Code is hereby amended to read as follows:
2.2.24.11. Procedure for obtaining transfer of residential development
rights. Any owner of ST land may apply for a transfer of development rights either
separately or concurrently with rezon/ng, zoning ordinance amendments,
preliminary subdivision plat or development plan. Prior to the approval of any
transfer of development rights or the issuance of any building permits in connection
with the use of any transfer of development rights, the petitioner shall submit the
following information and data, as applicable to the petition, to the development
services director for his review and subsequen. t action .by the Board of County
..COmmiSSionerS.
I. Name and address of ST property owner.
2. Name and address of non-ST property owner.
3. Legal description of ST land from which transfer of residential
development rights is petitioned.
4. Survey of ST property from which transfer of residential
development rights is requested.
5. Legal description of non-ST land which receives the transfer of
residential development rights.
6. Survey of the non-ST land which receives the transfer of
residential development rights.
7. Three copies of an executed deed of transfer of ownership of the
ST property to the County or a State or federal agency; however, the lands may be
dedicated in fee simple to a private, not-for-profit conservation or environmental
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Words deleted are stntek-through, words added are un~derlined
organization in accordance with ES,, §704.06, as amended, with the approval of the
a ...., ...... .....-.,:,,.. A;...,,,,,.. Board of County Commissioners in a form approved
by the County Attomey.
8, The ST owner shall provide a guarantee, agreeable to and
approved by ordinance of the Board of County Commissioners, that the ST !and will
be forever retained in its natural condition and will never be developed in any
manner whatsoever by anyone. For the purpose of this requirement, natural
conditions shall include minor nature-related improvements such as nature paths,
boardwalks, outdoor educational learning areas, and removal of exotic vegetation.
Such a guarantee'shall be recorded with the Clerk of Circuit Court of Collier
County, Florida as a recorded restriction of the use of such land and shall be binding
to uPOn all present and subsequent owners, heirs, or assigns of such property. Such
restrictions may not be amended, deleted or otherwise altered.
SECTION THREE: Amendments to Subsection 2.2.24.12, Time
Limitations on Development Services Director's
Approval of Transfer of Residential Development
Rights or Authorization to Proceed with Processing
of a Building Construction Permit.
Subsection 2.2.24.12, "Time Limitations on Development Services Director's
Approval of Transfer of Residential Development Rights or Authorization to
Proceed with Processing of a Building Construct/on Permit" of Ordinance No. 91-
102, as amended, the Collier County Land Development Code is hereby amended to
read as follows:
2.2.24.12 Time limitations on development :e:"~ce.~ director': Boa, rd of
County Commissioners' approval of transfer of residential development fights or
authorization to proceed with the processing of a building construction permit. The
'~ ....~ .....+ -~-':^^- '~:-~^"'-'~ Board of County CommiSSioners' approval of a
transfer of residential development rights or lhe dev.elopment ;erriceS direCtOr';
authorization to proceed with the processing of a building or construction permit
shall be valid so long as such approval is permitted by law. The failure to act on the
part of the petitioner to exercise the transfer of residential development rights or
obtain and exercise an authorized building or construction permit within the time
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period provided by law shall automatically terminate such approval and the County
shall be held harmless for any damages arising out ofpetitio~,er's failure to act.
SECTION FOUR: Amendments to Subsection 2.2.24.13, Sequential Use
of Residential Units Approved for Transfer by the
Development Services Director.
Subsection 2.2.24.13, "Sequential Use of Residential Units Approved for
Transfer by the Development Services Director," of Ordinance No. 91-102, as
amended, the Collier County Land Development Code is hereby amended to read as
follows:
2.2.24.13 Sequential use of residential units approved for transfer by the
c~:v:Icpmcnt '..::"~ee.~ d!r=ctcr Board Qf (;:Ounty CommissionerS. Upon the issuance
of any permit for the construction of residential unit(s) upon a non-ST receiving
land, the first residential units built thereon shall be considered to be the residential
units approved for transfer by the .4 .... ~ ..... , .....-..:.,....w:....,.,.... Boar.d of County
COmmisSionerS for transfer, and the succeeding residential units constructed shall be
considered the residential units permitted under the basic zoning district regulations.
SECTION FIVE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier
County or other applicable law, the more restrictive shall apply. If any phrase or
portion of the 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 SIX: Inclusion in the Collier County Land Development Code.
The provisions of this Ordinance shall become and be made a part of the
Collier County Land Development Code. The sections of the Ordinance may be
renumbered or relettered to accomplish such, and the word "ordinance" may be
changed to "section," "article," or any other appropriate word.
Words deleted are smaek--thFough, words added are ~nderlined.
SECTION SEVEN: Declaration of Emergency.
This Board does hereby declare that an emergency exists and that immediate
enactment of this Ordinance is necessary, and by no less than four-fifths (4/Sths)
vote of the membership of the Board does hereby waive notice of intent to consider
this Ordinance.
SECTION EIGHT: Effective Date.
A certified copy of this Ordinance, as enacted, shall be filed by the Clerk to
the Board with th'e Department of State of the State of Florida, as soon after
enactment as is practicable by depositing the same with the postal authorities of the
government of the United States for special delivery by registered mail, postage
prepaid, to the Florida Department of State.
This Ordinance shall become effective as provided in §125.66(3), Florida
Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this f day of ~ . ,
1996.
ATTEST:. ......... BOARD OF COUNTY COMMISSIONERS
DWIOI:IT.~R(5~3K, CLERK COLLIER COUNTY, FLORIDA
· f
" ' '~ " OHN C. N~
. . ,
Icgal'sufficie~Cy: 5ecretaq, of Stale's Oilice
idoy of~eme_, ~_
and ccknow nt Of thst
filing recefved th~s ~
Marjbd~ M. Student ~,
Assistant County Attorney
Words deleted are ~h, words added are underlined.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing. is a true copy of:
ORDINANCE NO. 96-37
Which was adopted by the Board of County Commissioners via Emergency
Procedures on the 25th day of June, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 26th day of June, 1996.
DWIGHT E. BROCK .... ,,,,,'. ..........,,,
Clerk of Courts and.~C.~er]c- a ~. 0..:. ';,,,, ..
Ex-officio to Boar~' Q~..,."~:'!~'~~.L~2t:
· . : ';' ...':-:' ':...., ,.,:: ~. ':'..~'~,:, '\
Count,...... ".'°' ! J'. i'~
eputy Clerk:~ li,"..'f .'-: i~ ...'- ~' =:"
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