Resolution 2010-029
RESOLUTION 2010- 29
A Resolution of the Collier County Board
of County Commissioners designating
4,793.5 Acres in the Rural Lands
Stewardship Area Zoning Overlay District
as a Stewardship Sending Area with a
designation as "Sunniland Family SSA 12"
pursuant to the terms set forth in the
Escrow Agreement, Stewardship Sending
Area Credit Agreement for Sunniland
Family SSA 12, and Stewardship Easement
Agreement for Sunniland Family SSA 12;
approving a Stewardship Sending Area
Credit Agreement for Sunniland Family
SSA 12; approving a Stewardship
Easement Agreement for Sunniland
Family SSA 12; approving an Escrow
Agreement for Sunniland Family SSA 12;
and establishing the number of
stewardship credits generated by the
designation of said Stewardship Sending
Area
WHEREAS, Sunniland Family Limited Partnership, a Florida Limited
Partnership, owns approximately four thousand seven hundred ninety-three and
five tenths (4,793.5) 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 Sunniland Family SSA 12 Stewardship
Sending Area Credit and Stewardship Easement Agreement; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the Sunniland Family SSA 12 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 Sunniland Family SSA 12, and Stewardship Easement Agreement
for Sunniland Family SSA 12 are in compliance with, and meet the requirements
of the LDC, and provide a substantial benefit to the general public.
NOW, THEREFORE, be it resolved by the Board that:
1.
Sunniland Family SSA 12, as described in attached Exhibit 1,
consisting of approximately four thousand seven hundred ninety-
three and five tenths (4,793.5) acres is hereby designated as a
Stewardship Sending Area ("SSA"), and will be officially designated
as "Sunniland Family SSA 12 " on the Official Zoning Atlas Map
pursuant to the terms of the Escrow Agreement for Sunniland
Family SSA 12, Stewardship Sending Area Credit Agreement for
Sunniland Family SSA 12 and the Stewardship Easement
Agreement for Sunniland Family SSA 12.
2.
The Stewardship Credit Agreement for Sunniland Family SSA 12,
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 Sunniland Family SSA 12.
3.
The Stewardship Easement for Sunniland Family SSA 12, 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 Sunniland Family SSA 12.
4.
The Escrow Agreement for Sunniland Family SSA 12, 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 Sunniland Family SSA 12 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 fourteen
thousand eight hundred and five and one tenth (14,805.1)
Stewardship Credits to the Owner, which may be sold, transferred,
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or otherwise utilized by the Owner in accordance with Section
4.08.04 of the LDC and the terms of the Escrow Agreement for
Sunniland Family SSA 12; Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12 and the Stewardship
Easement Agreement for Sunniland Family SSA 12.
6.
The Board hereby establishes and authorizes an additional eight
thousand seven hundred and thirty one and six tenths (8,731.6)
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 Sunniland Family SSA
12 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 Sunniland Family SSA 12
Credit Stewardship Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this Q:" day of r.b,,,,,,'i ,2010, after
a Motion, seconded, and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTESJ:b~IGHT E. BROCK
"st ...~
· f9Aiturt4wWlt__
Approved as to form and
legal sufficiency:
1t.--7 wiL~ e:I3
Vy:Heidi Ashton-Cicko, Assistant County Attorney
Land Use Section, Chief
By:
'-:A.lL tAl. (r'~
FRED COYLE, Cha1 an
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RESOLUTION 2010-29
ALL EXHIBITS
AGREEMENTS
AND MAPS FOR THIS RESOLUTION
MAY BE VIEWED IN THE
BOARD OF COUNTY COMMISSIONERS
FEBRUARY 9, 2010 MEETING
BACKUP DOCUMENTS
AGENDA ITEM #17 A