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Arbitration Meeting 12/11/2010 Municode 4, o~., 07. --- L Page 26 of 50 The SRA master plan depicting the land uses and identifying the number of residential dwelling units, gross leaseable area of retail and office square footage and other land uses depicted on the master plan; (4) A description of the SSA credits that are needed to entitle the SRA land and the anticipated source of said credits; (5) The applicant's acknowledgement that development of SRA land may not commence until the applicant has recorded an SRA Credit Agreement Memorandum with the Collier County Clerk of Courts; and (6) The applicant's commitments, if any, regarding conservation, or any other restriction on development on any lands, including wetlands, within the SRA, as may be depicted on the SRA Master Plan for special treatment c. The SRA Credit Agreement shall be effective on the latest of the following dates; (1) The date that the County approves the SRA Application; (2) The date that documentation of the applicant's acquisition of the Stewardship Credits to be utilized for the SRA is found by the County to be sufficient; or (3) Five (5) working days after the date on which the applicant submits documentation of the acquisition of the Stewardship Credits to be utilized, if the County fails to make a sufficiency determination prior to that date. d. Following approval of the SRA Application, the applicant shall record a SRA Credit Agreement Memorandum, which shall include the following: (1) A cross reference to the recorded SSA Credit Agreement Memorandum or Memoranda for the SSA lands from which the credits being utilized are generated and identification of the number of credits derived from each SSA; and (2) a legal description of the SRA lands. e. If the development provided for within an SRA constitutes, or will constitute, a development of regional impact ("DRI") pursuant to S 380.06 and 380.0651, F.S., and if the applicant has obtained a preliminary development agreement ("PDA") from the Florida Department of Community Affairs for a portion of the SRA land, the applicant may request the County to enter into a Preliminary SRA Credit Agreement for those Stewardship Credits needed in order to develop the PDA authorized development. Commencement of the PDA authorized development may not proceed until the applicant has recorded a Preliminary SRA Credit Agreement Memorandum. The Preliminary SRA Credit Agreement and Preliminary SRA Credit Agreement shall include the same information and documentation as is required for an SRA Credit Agreement and an SRA Credit Agreement Memorandum. E. SRA Application Review Process. 1. Pre-Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the applicant shall attend a pre-application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SRA with the goals, objectives, and policies of the GMP; b. Consideration of suitability criteria described in Section 4.08.07 A.1. and other standards of this Section; c. SRA master plan compliance with all applicable policies of the RLSA District Regulations, and demonstration that incompatible land uses are directed away from FSAs, HSAs, WRAs, and Conservation Lands; d. Assurance that applicant has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses, and; e. Consideration of impacts, including environmental and public infrastructure impacts. Application Package Submittal and Processing Fees. The required number of SRA Applications and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with Section 4.08.07 D. 3. Application Deemed Sufficient for Review. Within thirty (30) days of receipt of the SRA Application, the County manager or his designee shall notify the applicant in writing that the application is deemed sufficient for agency review or advise what additional information is needed to find the application sufficient If required, the applicant shall submit additional information. Within twenty (20) days of receipt of the additional information, the County Manager or his designee shall notify the applicant in writing that the application is deemed sufficient, or, what additional or revised information is required. If necessary, the County Manager shall again inform the applicant in writing of information needed, and the timeframe outlined herein shall occur until the application is found sufficient for review. 4. hltD://Jibrarv.municode.com/Drint.aSDx?c1ientl[)~13992&1 ITMRe(ILles(~htlD%3a%2f'102fl.. 11/19/2010 Municode Page 21 of 50 Update the RLSA Overlay Map and Official Zoning Alias. The Official Zoning Atlas shall be updated to reflect the designation of the SSA. Sufficient information shall be included on the updated zoning maps so as to direct interested parties to the appropriate public records associated with the designation, including but not limited to Resolution number and SSA Designation Application number. The RLSA Overlay Map shall be updated to reflect the SSA designation during a regular growth management cycle no later that twelve months from the effective date of the SSA Agreement F. SSA Amendments. Collier County shall consider an amendment to an approved SSA in the same manner described in this Section for the designation of an SSA. Amendment(s) to approved SSAs shall only be considered if the application removes one or more additional Land Use Layers from the existing SSA. Under no circumstances shall Land Use Layers, once removed as part of an SSA designation, be added back to Ihe SSA. The application to amend the SSA may be submitted as part of an application to designate a new SSA provided such lands are contiguous to the previously approved SSA and are under the same ownership. (Ord. No. 05-27, ~ 3.Z) 4.08.07 - 8RA Designation SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of SRAs. Stewardship Credits generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. Density and intensity within the RLSA District shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth herein. Land becomes designated as an SRA on the date that the SRA Credit Agreement becomes effective pursuant to Section 4.08.07 0.11. Any change in the residential density or non residential intensity of land use on a parcel of land located within an SRA shall be specified in the resolution, which shall reflect the total number of transferable Credits assigned to the parcel of land. Lands Within the RLSA District that can be Designated as SRAs. All privately owned lands within the RLSA District that meet the suitability criteria contained herein may be designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already designated as an SSA. WRAs may be located within the boundaries of an SRA and may be incorporated into an SRA Master Plan to provide water management functions for properties within such SRA, subject to all necessary permitting requirements. 1. Suitability Criteria. The following suitability criteria are established to ensure consistency with the (Goals, Objectives, and Policies of the RLSA Overlay. a. An SRA must contain sufficient suitable land to accommodate the planned development. b. Residential, commercial, manufacturing/light industrial, group housing, and transient housing, institutional, civic and community service uses within an SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. Conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited on land that receives a Natural Resource Index value of greater than 1.2, regardless of the size of the land or parcel. Lands or parcels that are greater than one acre and have an Index Value greater than 1.2 shall be retained as open space and maintained in a predominantly natural vegetated state. Open space shall also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town, VHJage, or those CRDs exceeding 100 acres. Gross acreage includes only that area of development within the SRA that requires the consumption of Stewardship Credits. As an incentive to encourage open space, open space on lands within an SRA located outside of the ACSC that exceeds the required thirty-five percent retained open space shall not be required to consume Stewardship Credits. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Section 4.08.07 J.6 An SRA may be contiguous to, or encompass a WRA. A. ( ''-, c. d. e. f. g. h. http;//librarv.mllnicode.com/print.aspx?clientl [)~13992&HTMReques(~http%3a%2:f%2f1... 11/19/2010 Municode Page 22 of 50 l' The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards. 2. SRAs Within the ACSC. SRAs are permitted within the ACSC subject to limitations on the number, size, location, and form of SRA described herein. Nothing within this Section shall be construed as an exemption of an SRA from any and all limitations and regulations applicable to lands within the ACSC. Lands within the ACSC that meet all SRA suitability criteria shall also be restricted such that credits used to entitle an SRA in the ACSC must be generated exclusively from SSAs within the ACSC. No early entry bonus credits can be used to entitle an SRA within the ACSC. a. The only forms of SRA allowed in the ACSC east of the Dkaloacoochee Slough shall be Hamlets and CRDs of 100 acres or less and the only forms of SRA allowed in the ACSC west of the Dkaloacoochee Slough shall be Villages and CRDs of not more than 300 acres and Hamlets. Provided, however, two SRAs, consisting of any combination of Villages or CRDs of not more than 500 acres each, exclusive of any lakes created prior to the effective date of this amendment as a result of mining operations, shari be allowed in areas that have a frontage on State Road 29 and that, as of the effective date of the RLSA Overlay, had been predominantly cleared as a result of Ag Group I (Layer 5) or Earth Mining or Processing Uses (Layer 3). b. The Town form of an SRA shall not be located within the ACSC. B. Establishment and Transfer of Stewardship Credits. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis, as described in Section 4.08.07 B.2. Stewardship density and intensity will thereafter differ from the Baseline Standards. 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein. a. Stewardship Credits generated from any SSA may be transferred to entitle any SRA, except where the SRA is within the ACSC, in which case only Stewardship Credits that have been generated from an SSA within the ACSC can be used to entitle such SRA. No early entry bonus credits can be used to entitle an SRA within the ACSC. b. Credits can be transferred only to lands within the RLSA that meet the defined suitability criteria and standards set forth herein. c. Stewardship Credits may be transferred between different parcels or within a single parcel, subject to compliance with all applicable provisions of these policies. Residential clustering shall only occur within the RLSA District through the use of the Stewardship Credit System, and other forms of residential clustering shall not be permitted. d. Stewardship Credits may be acquired from any credit holder and transferred to an SRA subject to the limitations contained in this Section. e. Stewardship Credils may be acquired from a Stewardship Credit Trust established pursuant to Section 408.04 6., and transferred to an SRA subject to the limitations contained in this Section. 2. Stewardship Credit Exchange. Stewardship Credits shall be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis at a rate of eight (8) Stewardship Credits per gross acre. lands within an SRA greater than one acre, with Index Values of greater than 1.2, shall be retained as open space and maintained in a predominantly natural, vegetated state. Any such lands within an SRA located outside of the ACSC exceeding the required thirty- five (35) percent shall not be required to consume Stewardship Credits. 3. Public Benefit Uses. The acreage within an SRA devoted to a public benefit use shall not be required to consume Stewardship Credits and shall not count toward the maximum acreage limits of an SRA. For the purpose of this Section. public benefit uses are limited to public schools (preK- 12) and public or private post secondary institutions, Post Secondary Institution Ancillary Uses, community parks exceeding the minimum requirement of 200 square feet per dwelling unit, municipal golf courses, regional parks, and governmental facilities excluding essential services as defined in the lOC. 4. Mixed land Use Entitlements. In order to promote compact, mixed use development and provide the necessary support facilities and services to residents of rural areas, the SRA designation and the transfer of the Stewardship Credits allows for a full range of uses, accessory uses and associated uses that provide a mix of services to and are supportive to the residential population of an SRA and the RLSA District. SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban Designation of the FLUE, as modified by Policies 4.7, 4.7.1, 4.7.2,4.7.3,4.7.4 and RLSA Overlay Attachment C. Depending on the size, scale, and character of an SRA, it shall be designed to include an appropriate mix of retail, office, recreational, civic, governmental, and institutional uses, in addition to residential uses. http://library.municodc.com/print.aspx?clientID= 13992&HTMRequcst=http%3a%2f%2f1... 11/19/2010 -4 ':T I'D III ... 2: ... ... ::2~ III 0 n ... I'D III n ':T o III 3 = " I'D _Ill I'D ... ... III I'D C" 0.. - _Ill o ':T ... III o :J :J 0.. ... III ':T:J I'D :J ... 0 III C 5!::J I'D n I'D I'D ... - ':T ... I'D s,0tl ... S. ':To.. I'D I'D c...= III :J -. I'D III III :J ... ...~ ':Till tD ~. C:l :J o Otl III ... ... 0 0.." ::c c o C" o == 3 n . n o 3 3 I'D :J ... 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