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Minutes 10/19/2015 . October 19, 2015 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW SUBCOMMITTEE Naples, Florida, October 19, 2015 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee—Land Development Review Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in a REGULAR SESSION at the Growth Management Division Building, Room 609/610 2800 N. Horseshoe Drive, Naples, FL with the following persons present: Stan Chrzanowski Jeremy Sterk Marco Espinar Clay Brooker Blair Foley (Excused) Robert Mulhere (Excused) Dalas Disney (Excused) ALSO PRESENT: Richard Henderlong, Principal Planner Alex Sulecki, Conservation Collier Coordinator Jeremy Frantz, Senior Planner Scott Stone, Assistant County Attorney Matt McLean, Manager, Development Review 1 October 19, 2015 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Division—Planning and Regulation building—Contact Mr. Evy Ybaceta at 239-252-2400. 1. Call to order The meeting was called to order at 3:04pm and a quorum was established. Bruce Layman (Barron Collier Company), Nancy Olson (CCPRD), Marisa Carrozzo (Conservancy of SWFL), Tim Hancock(Stantec) were also present. The Members present appointed Clay Brooker as Chairman of the Committee. 2. Approve agenda The Committee approved the Agenda. 3. Old Business None 4. New Business a. Review Land Donation Endowment-LDC Amendment Request. Presentation by Alexandra Sulecki, Coordinator, Conservation Collier Program, Principal Environmental Specialist, Parks and Recreation Department Mr. Henderlong reported the Board of County Commissioners issued a directive to Conservation Collier Staff to work with the Development Services Advisory Committee(DSAC)and the Conservation Collier Land Acquisition Advisory Committee (CCLAAC)to develop a Land Development Code (LDC)amendment for options to ensure adequate funds remain available for land management of those properties donated to the Conservation Collier Program. Conservation Collier Staff presented the item to the DSAC on 9/2/15 and it was remanded to the Subcommittee for review. Ms. Sulecki reported: • The Ordinance governing the CLAAC and the County LDC allows parties the option of satisfying onsite native vegetation retention requirements through a monetary payment or the donation of land to Conservation Collier Program. • The donation of lands requires a land management endowment currently established within the Program at approximately$4,000/acre which is based on 25%of the cost of lands acquired within targeted lands acquired by the Conservation Collier Program. • The concern is the amount required for the endowment only covers the costs of land management activities for 7 years. • After expiration of the management funds the burden to cover land maintenance costs may fall on the County taxpayers. • The CLAAC Subcommittee convened on October 8, 2015 and a proposal was developed to address the issue. It is based on a South Florida Water Management District program with alterations tailored to suit the Conservation Collier Program. • The new proposal requires the donating party be responsible to provide a land management endowment in the amount of$47,000 per acre. The true long term maintenance costs were 2 October 19, 2015 derived by modifying the SFWMD long term maintenance costs from the Florida Mitigation Bank in Osceola County (Backup item# 7). She noted the figure needs to be adjusted as there was an error in the per hour dollar amount of Collier County Staff salaries used in the analysis. • These funds would garner a return on investment necessary to manage the properties while retaining the principal balance for 20 years. This would allow management of the lands into "perpetuity." • The proposal includes requiring an analysis of the land management costs every three years to ensure they are accurate and any adjustments be made in to the endowment fund amount if necessary. • The proposal was endorsed by the full CCLAAC Committee at their October 12, 2015 meeting. • The DSAC subcommittee may develop a separate proposal for consideration. Mr. Espinar stated he has a conflict of interest with the item, however the County Attorney's Office notified him he could participate in discussions, but not cast a vote on the item. Scott Stone, Assistant County Attorney reported the Subcommittee still has a quorum. Under Committee discussions the following was noted: • Clarification was provided regarding the difference between the land donation process and the monetary donation process, and the purpose of the amendment. • Concern the land area of the parcels requiring on site native vegetation retention are generally small(less than 1 acre+/-)while the parcels available in multi parcel projects are 1.25 acres +/-. • The costs for these parcels available for"donation"has risen substantially since the concept was first approved (now $38,000 +/- as opposed to $6,000/acre) due to the perception of value of landowners, not actual appraised value, creating less economic incentive for a party to donate the lands to Conservation Collier. Developers are paying higher than appraised value in the multi-parcel projects. • The location of the individual parcels should be considered in the endowment required as the interior parcels of these "multi parcel"projects (Winchester Head and Red Maple Swamp) should be much less expensive to manage than the exterior parcels given the tendency for exotics to spread from adjacent lands inward on preserve properties. • There is an existing revenue stream for land maintenance as 25 percent of the ad valorem funds collected in the Program are required to be dedicated to maintenance which should assist in funding management of all the properties held within the Program. • Has a detailed analysis been completed demonstrating the need for the additional funds? • There is a misconception by some that the developer achieves a substantial long term financial gain for the "mitigated" lands on site as they may be used for purposes other than native vegetation requirements, when in reality these lands are small in area(less than 1 acre) and used for landscape buffers, etc., not building lots. • If the process becomes too expensive for a developer, they will simply choose to not utilize the donation process and provide a monetary donation(125%of the value of the land to be "mitigated")to the Program. • Consideration should be given to altering the requirements of the exotics being removed in advance of the donation. The lands may not be immediately suited for exotic removal and an 3 • October 19, 2015 additional cost may be incurred to address more infestation a short time after the property is acquired. Funds should be provided in lieu of the removal so the most optimal time for the activity can be determined by the County. • Land donations within the Program may be a beneficial tool for all involved; however the County needs to ensure it remains an equitable, viable concept for it to be successful. • Mr. Sterk stated without this program, the land prices in the multi-parcel project areas are too expensive for Conservation Collier and that the purpose of the LDC provision is to reduce preservation areas that serve no ecological function and move that preserve area to better areas. If we are going to modify the land donation process, the monetary donation process should be modified as well. The price proposed considers prices that were paid at the height of land values and should be modified to incorporate current costs. Mr. Sterk provided several images or examples. • Mr. Brooker stated the land donation process should be incentivized and made more affordable so the program will continue. He suggested that"in perpetuity"be defined, and after a 10 year period the maintenance costs could be borne by the general public. Speakers Marissa Carrozzo, Conservancy of Southwest Florida noted that both options of donating funds or land should remain available. It would be beneficial to ascertain the funds required for exotic removal up front, and not require the removal so the Program ensures the most efficient use those monies to be expended. Tim Hancock, Stantec, supports the need for long term maintenance funds regardless of where the funds come from, however one major issue is a private party is usually mitigating small parcels (.33 acres) and are required to acquire al.25 acre parcel in the multi parcel projects. This was an example that 4 times the size of preserve would have been required simply because that is all that was available. Individuals who own these lots in the multi-parcel project areas are beginning to "hold on"to them to allow prices to rise. He recommended additional areas for acquisition be identified to incentivize the donation concept. Additionally, the developer sees minimal economic gain for the mitigation given the size of the parcel mitigated on site. The idea that developers are getting money back is inaccurate because costs are only based on per acre and not whether it is wetlands so they have already paid for the land. Additionally, he noted maintenance costs will fluctuate over time. The TDR program requires endowment to an agency. Another problem that exists is there aren't any agencies that accept donations anymore. Conservation Collier could become a new entity to receive donations which could require costs to change. It may be more efficient. He suggested a"mitigation bank"concept be considered whereby donated funds could be used for a variety of purposes (purchase of lands, management, restoration, etc.). Mr. Chrzanowski reported he had to leave the meeting and other Members are not present to hear the item. He recommended a second meeting be convened giving Staff time to review some of the issues identified today Mr. Chrzanowski left at 4:08pm 4 • October 19,2015 Ms. Sulecki reported solely utilizing monetary donation absent of a land donation program is a viable concept and may address the issue of rising land costs. It was discussed with the BCC at the meeting and they were in favor of the concept however opposition was raised by the Florida Wildlife Federation. The concept would allow Conservation Collier to utilize the donated funds for acquisition and management of the lands. The remaining Members posed the following concepts to be among the items for consideration at the next meeting: 1. Developing a proposal based on a specific timeframe(i.e. 10, 20 yrs)for management whereby the developer would be responsible for management costs until the funds donated achieve a zero balance after the prescribed period of time. This should substantially reduce the cost estimate of$47,000 per acre proposed as a maintenance endowment. 2. Any proposal be based on identifying the maintenance cost per acre based on managing the entire multi parcel property as one unit, not the current price for maintaining an individual parcel. 3. The land donation option remains, but refine the process required for exotics removal. 4. Consider opening alternative areas of lands available for purchase under the concept. b. Provide a recommendation to DSAC and staff on drafting LDC Amendment. Continued. 5. Public comments None There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 4:38PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE—LAND DEVELOPMENT REVIEW SUBCOMMITTEE 6er.", These Minutes were approved by the Committee on //'/a -/S , as presented , or as amended X 5