CCPC Agenda 10/19/2017AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., OCTOBER 19, 2017, IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES,
FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10
MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN.
PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED
IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A
MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN
ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE
CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A
MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL
MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A
PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR
PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF
APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES
6. BCC REPORT- RECAPS
7. CHAIRMAN’S REPORT
8. CONSENT AGENDA
A. PUDZ-PL20160001985: An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, which established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas
map or maps by changing the zoning classification of the herein described real property
from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development
(RPUD) zoning district for the project to be known as the Cleary RPUD, to allow
construction of a maximum of 63 residential dwelling units or 200 group housing units for
seniors on property located on the south side of Immokalee Road, approximately one
quarter mile east of Logan Boulevard in Section 28, Township 48 South, Range 26 East,
consisting of 8.99± acres. [Coordinator: Nancy Gundlach, AICP, Principal Planner]
9. ADVERTISED PUBLIC HEARINGS:
Note: This item has been continued from the October 5, 2017 CCPC meeting:
A. PL20150002167: An Ordinance amending Ordinance No. 89-05, as amended, the Collier
County Growth Management Plan for the unincorporated area of Collier County, Florida,
specifically amending the Future Land Use Element to revise the Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict of the Urban Mixed Use District to
add the previously requested 150,000 square feet of commercial land uses for the 14.492
acre tract per petition no. CP-2003-1; to add 50,000 square feet of gross leasable floor area
to the existing 200,000 square feet of commercial land uses and the previously requested
150,000 SF of commercial land uses for a total of 400,000 square feet of gross leasable
floor area of commercial land uses; to remove a development restriction related to
transportation impacts; to amend and re-order the text; and providing for transmittal of the
adopted amendments to the Florida Department of Economic Opportunity; providing for
severability; providing for an effective date. The subject subdistrict is 47.94± acres and
located on the north side of Vanderbilt Beach Road and approximately ¼ mile west
of Collier Boulevard in Section 34, Township 48 South, Range 26 East, Collier County,
Florida. [Coordinator: Corby Schmidt, AICP, Principal Planner]
Note: This item has been continued from the October 5, 2017 CCPC meeting:
B. PL20150002166: An Ordinance of the Board of County Commissioners of Collier
County, Florida amending Ordinance No. 2005-19, the Carolina Village Planned Unit
Development by changing the name of the Planned Unit Development to Vanderbilt
Commons PUD; by adding 50,000 square feet of gross leasable area for a total of 200,000
square feet of gross leasable area for commercial uses; by decreasing the maximum
number of dwelling units from 64 to 58 dwelling units; by revising the legal description
and reducing the acreage of the PUD from 15.88 acres to 14.49 acres; and providing an
effective date. The subject property, consisting of 15.8+/- acres, is located on the north
side of Vanderbilt Beach Road and approximately 1/4 mile east of Collier Boulevard
in Section 34, Township 48 South, Range 26 East, Collier County, Florida. [Coordinator:
Fred Reischl, AICP, Principal Planner]
Note: This item has been continued from the July 20, 2017 CCPC meeting, August 17,
2017 CCPC meeting, September 7, 2017 CCPC meeting, September 21, 2017 CCPC
meeting and the October 5, 2017 CCPC meeting:
C. An Ordinance of the Board of County Commissioners of Collier County, Florida,
amending Ordinance Number 04-41, as amended, the Collier County Land Development
Code, which includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of
Fact; Section Three, Adoption of Amendments to the Land Development Code, more
specifically amending: Chapter Three – Resource Protection, including section 3.05.07
Preservation Standards, to amend design standards relating to off-site preserves and
to modify requirements for monetary payment and land donation off-site preserve
alternatives; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier
County Land Development Code; and Section Six, Effective Date. [Coordinator: Jeremy
Frantz, AICP, LDC Manager]
Note: This item has been continued from the October 5, 2017 CCPC meeting:
D. PL20170000596/CPSP-2017-1: A Resolution relating to the Capital Improvement
Element of the Collier County Growth Management Plan, Ordinance 89-05, as amended,
providing for the Annual Update to the Schedule of Capital Improvement Projects, within
the Capital Improvement Element of the Collier County Growth Management Plan based
on the 2017 Annual Update and Inventory Report on public facilities (AUIR), and
including updates to the 5-year schedule of Capital Projects contained within the Capital
Improvement Element (for fiscal years 2018 – 2022) and the schedule of Capital Projects
contained within the Capital Improvement Element for the future 5-year period (for fiscal
years 2023 – 2027), and to sections relating to the public school facilities Capital
Improvement Plan and work program, providing for severability, and providing for an
effective date. [Coordinator: Corby Schmidt, AICP, Principal Planner]
E. PL20160002748: A Resolution of the Collier County Planning Commission for an
insubstantial change to Ordinance No. 03-23, as amended, the Livingston Village PUD,
to modify provisions relating to street tree standards. The subject PUD property consists of
148.98± acres, located on the east side of Livingston Road, approximately one mile
south of Pine Ridge Road in Section 19, Township 49 South, Range 29 East, Collier
County, Florida. [Coordinator: Fred Reischl, AICP, Principal Planner]
10. NEW BUSINESS
11. OLD BUSINESS
A. Neighborhood Information meeting (NIM) discussion. [Coordinator: Mike Bosi, Director]
12. PUBLIC COMMENT
13. ADJORN
CCPC Agenda/Ray Bellows/jmp
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Land Development Code Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Growth Management Department Staff
AMENDMENT CYCLE: 2016 LDC Amendment Cycle (Carry-Over)
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: This amendment modifies the requirements for off-site native vegetation retention.
The amendment updates and revises the applicability section, provides for off-site preservation
through deviations or variances, modifies the calculation for monetary payments, and removes the
land donation alternative for off-site native vegetation retention.
REASON:
Amendment History
Currently LDC section 3.05.07 H.1.f establishes the following options for compliance with the
County’s native vegetation retention requirements:
1) On-site preservation; or
2) Off-site preservation through one of the following methods:
a. Monetary payment with an exotics maintenance endowment, or
b. Land donation with an exotics maintenance endowment.
On July 7, 2015, Conservation Collier staff made several preliminary recommendations to the
Board of County Commissioners (Board) for guidance prior to establishing more detailed changes
to the program. The Board directed a review of these recommendations with the Conservation
Collier Land Acquisition Advisory Committee (CCLAAC) and Development Services Advisory
Committee (DSAC) to provide recommendations to:
• Increase the monetary payment so that land management endowments last beyond seven
years; and
• Consider removing the land donation alternative.
The following narrative describes some of the history of the County’s preserve requirements, the
changes included in this amendment, and the recommendations suggested by the advisory boards
and the Collier County Planning Commission (CCPC).
Background regarding on-site preserves
The purpose of the on-site preserve requirement is to retain, maintain, and protect existing native
vegetation on site as provided for in the CCME. Accordingly, the purpose of LDC section 3.05.00
Vegetation Removal, Protection, and Preservation states:
“The purpose of this section is the protection of vegetation within the County by regulating its
removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to
maintain property, aesthetic, and health values within the County; to limit the use of irrigation water
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in open space areas by promoting the preservation of existing plant communities; to limit the
removal of existing viable vegetation in advance of the approval of land development plans; and to
limit the removal of existing viable vegetation when no landscape plan has been prepared for the
site.”
It is important to note that while this section allows for off-site preservation, preserves in the urban
area still provide benefits to the community. Beyond native habitat, preserves also provide green
space consisting of naturally existing vegetation in urban areas. The Nature Conservancy’s
“Planting Healthy Air” (2016) confirms that trees and other vegetation provide many benefits to
people including: “aesthetic beauty, enhancement of property values, erosion prevention,
stormwater management, and noise reduction.”1 The study also reiterates that trees sequester
carbon which helps to alleviate the effects of climate change. Trees help to make the air healthier
as “Dozens of studies now show that tree leaves filter out particulate matter from the atmosphere,
along with many other air pollutants.”2
Preserves retained on site are an amenity for residents. The LDC allows for boardwalks, pathways,
benches, educational signs, and viewing platforms; staff encourages these uses so that residents
can enjoy preserve areas. In addition, the Nature Conservancy’s Tree Study indicates that urban
trees have been shown to have economic value, stating, “in general, the total economic value of a
tree is frequently more than 20 times the value specifically for air quality, with stormwater
mitigation and aesthetic value for property owners being especially important.”3
Background regarding off-site preserves
Off-site native vegetation retention was added to the LDC in 2010 to allow for the purchase or
donation of land off site in lieu of preserving native vegetation on site. The criteria for determining
when this alternative is allowed is based on the provisions identified in Conservation and Coastal
Management Element (CCME), of the Growth Management Plan (GMP), Policy 6.1.1 (10), which
states:
“The County shall adopt land development regulations that allow for a process whereby a property
owner may submit a petition requesting that all or a portion of the native vegetation preservation
retention requirement to be satisfied by a monetary payment, land donation that contains native
vegetative communities equal to or of a higher priority as described in Policy 6.1.1 (4) than the land
being impacted, or other appropriate method of compensation to an acceptable land acquisition
program, as required by the land development regulations. The monetary payment shall be used to
purchase and manage native vegetative communities off-site. The land development regulations
shall provide criteria to determine when this alternative will be considered. The criteria will be
based upon the following provisions:
a. The amount, type, rarity and quality of the native vegetation on site;
b. The presence of conservation lands adjoining the site;
c. The presence of listed species and consideration of Federal and State agency technical
assistance;
d. The type of land use proposed, such as, but not limited to, affordable housing;
1 McDonald, R., Kroeger, K., Boucher, T., Wang, L., Salem, R. (2016). Planting Healthy Air. Retrieved from
https://global.nature.org/content/healthyair?src=r.global.healthyair. Pg. 2
2 Ibid, Pg. 2.
3 Ibid, Pg. 22.
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e. The size of the preserve required to remain on site is too small to ensure that the preserve can
remain functional; and
f. Right-of-Way acquisitions for all purposes necessary for roadway construction, including
ancillary drainage facilities, and including utilities within the right of way acquisition area.
The land development regulations shall include a methodology to establish the monetary value, land
donation, or other appropriate method of compensation to ensure that native vegetative communities
not preserved on-site will be preserved and appropriately managed off-site.”
Generally speaking, preserves which are smaller in size, or those located adjacent to more intense
land uses, have a greater potential to become less viable over time due to habitat fragmentation
and sensitivity of native vegetation to changes in the environment. Depending on the type of
development and uses on adjoining properties, plants, such as slash pine, often die after a few
years. It is in these instances where the off-site preservation is recommended in lieu of preservation
of native vegetation on site.
Changes to LDC sections 3.05.07 H.1.f.i-ii
Purpose section
This amendment adds a purpose section to clarify the original intent and guide the administration
of the off-site preserve program. This section identifies it is intended to apply to projects with a
preserve requirement of 21,780 square feet (one-half acre) or less. Additionally, this section is not
applicable to the Rural Lands Stewardship Area (RLSA) and Rural Fringe Mixed Use (RFMU)
districts, since there are separate off-site preservation provisions specific to each district.
Applicability
This amendment removes the existing applicability in its entirety and replaces it with a provision
limiting the applicability of off-site preservation to projects where the preserve requirement is
21,780 square feet (one-half acre) or less, and where the preserves have not been identified on an
approved development order by the County.
This section also limits the applicability of off-site preservation with several prohibitions that
modify or add to the provisions previously identified as “restrictions.” Identifying these standards
as prohibitions makes it clear that no deviations can be requested or allowed when any of the
prohibitions are found on site. Additionally, the following clarifications and additions have been
made to the list of prohibitions:
• The prohibition on removing native vegetation adjacent to flowways is clarified to indicate
that it also applies to native vegetation within
flowways.
• Currently, remaining portions of on-site preserves
must be a minimum of one acre, unless high quality
habitat is present. This provision is removed as
applicants will not be able to leave any required
preserves on site when off-site preservation is
requested.
• A standard is added prohibiting off-site preserves if
the on-site native vegetation requirement is greater
than 21,780 square feet (one-half acre).
Preserves in Industrial Districts:
LDC section 3.05.07 B.2.h
establishes that industrial zoned
parcels which have a native
vegetation retention requirement
of two acres or less are exempt
from the preserve requirement.
For this reason, industrial zoned
parcels are not incorporated in the
applicability section.
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• A standard is added prohibiting deviations or variances from the off-site preservation
standards.
Approval methods
CCME Policy 6.1.1 (13) requires two potential methods for obtaining approval when
developments meet the applicability to provide on-site preserves off site. The policy states:
“The County may grant a deviation to the native vegetation retention requirements of subsections 2,
4, 5, 10, and 12 of this Policy, and shall adopt land development regulations to set forth the process
for obtaining a deviation. The regulations shall allow for the granting of a deviation by the
appropriate review board after a public hearing, and for the granting of a deviation
administratively…”
Therefore, the following approval processes have been established:
1) Administrative approval:
The County manager or designee may approve deviations for off-site preserves in only the
following four situations:
a. Essential service facilities;
b. Affordable housing projects that have been approved by the Collier County
Community and Human Services Division;
c. Projects where on-site native vegetation is fragmented; or
d. Projects where on-site native vegetation is not contiguous to off-site preserve areas.
2) Approval through a public hearing:
For other projects that satisfy the applicability criteria, off-site preservation may be
approved through a PUD deviation or variance, as applicable.
Finally, a provision is added which states that for the purposes of this section, the required
preserves shall be based on the total acreage for the PUD or development order, and not based on
an individual phase or phases of a development. Additionally, if the on-site native vegetation
retention requirement is satisfied off site, then all of the required preserve will be satisfied off site.
Changes to Off-Site Alternatives in LDC section 3.05.07 H.1.f.iii.
This section currently identifies that the native vegetation retention requirements may be satisfied
by one of two off-site alternatives, either monetary payments or land donations. This amendment
removes the land donation alternative and modifies the calculation of the monetary payment.
Currently, the monetary payment amount is based on the location of the land to be impacted and
must be equal to 125 percent of the average cost of land purchased by Conservation Collier in the
urban designated area or of the average cost of all other designations, as applicable.
This amendment states that the monetary payment amount shall be established in the Growth
Management Department Development Services Fee Schedule. The proposed per acre fee for the
monetary payment alternative is based on the Annual Update and Inventory Report (AUIR)
Community and Regional Park Land Summary unit cost per acre, as updated annually. Using the
AUIR to establish the cost to purchase land will ensure that this fee is consistent with the County’s
other land purchasing estimates and that the fee is updated regularly.
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CCPC RECOMMENDATION: Following the Board’s direction, the Collier County Planning
Commission (CCPC) has reviewed recommendations from CCLAAC and DSAC over the course
of several meetings. During their review of this amendment, the CCPC noted the following:
• The retention of native vegetation, even small areas, is valued by Collier County residents.
• The native vegetation retention requirements should be designed to promote on-site
retention.
• The program should place more emphasis on encouraging incorporation of the natural
environment within urban developments.
Furthermore, the CCPC expressed concern over the ability for developers to satisfy native
vegetation retention requirements off site, the methodologies used by the CCLAAC and DSAC to
revise the fees associated with the off-site preservation alternatives, and the County’s ability to
manage exotics in the rural areas of the County. As a result, this amendment reflects the following
CCPC recommendations made during the August 17, 2017, meeting:
1. Off-site preservation should only be allowed through a deviation where the preserve
requirement is one-half acre or less.
a. The CCPC explained that the limitation to one-half acre is significant when
compared to minimum lot sizes for single-family homes. For instance, 21,780
square feet compares to more than 3 minimum sized lots within RMF-6 zonign
districts.
2. An administrative deviation should be available to projects that meet identified criteria.
3. The only method for providing off-site preserves should be through a monetary payment
and the amount should be based on the AUIR Community and Regional Park Land
Summary per acre unit cost.
CCLAAC & DSAC RECOMMENDATIONS: Off-site preservation was used infrequently after
its addition to the LDC in 2010 and several provisions have proved problematic when staff has
applied this section to projects in recent years. Therefore, in addition to addressing the Board’s
direction staff recommended clarifying certain portions of this provision to CCLAAC and DSAC.
Both the CCLAAC and DSAC provided similar recommendations regarding changes to the
purpose and intent, applicability, PUD deviations, and prohibitions sections. While the CCPC
recommendation includes the CCLAAC and DSAC recommended language in the purpose and
intent section, several other sections were modified during the CCPC hearings described generally
as follows:
• Both CCLAAC and DSAC recommended to allow for off-site preservation to apply to
preserve requirements of up to one acre and to allow for up to two acres through a PUD
deviation. However, the CCPC modified these provisions to apply only to preserve
requirements of one-half acre or less.
• Both CCLAAC and DSAC recommended clarifications to the restrictions section,
including renaming the section to “prohibitions.” While some of these clarifications are
included in the CCPC recommendation, the CCPC has made additional modifications and
additions as described above.
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• Both CCLAAC and DSAC recommended changes to the off-site preservation alternatives
as directed by the Board. While, these recommendations differed between committees,
each committee included endowments for estimated land management costs, and proposed
fees for the monetary payment and land donation alternatives. Each Committee’s proposal
for changes to the off-site preservation alternatives are summarized in the next section.
CCLAAC recommendations for off-site preservation alternatives:
1) Land Management Costs: CCLAAC recommended using an annual estimated cost of $558 per
acre to manage lands donated to Conservation Collier. This yearly management estimate was
used to establish an endowment amount that ensures sufficient management funds for at least
20 years while accounting for inflation and interest. The resulting land management
endowment amount of $32,500 was incorporated in CCLAAC’s recommended fees for the
monetary payment and land donation alternatives.
2) Monetary Payment Alternative: CCLAAC recommended that the monetary payment should
be equivalent to 125% of the “post development appraised value” of the on-site preserve
acreage. The following example was given: If a development with a one acre preserve
requirement received a post development appraisal value of $300,000, the total fee associated
with the monetary payment alternative would equate to $375,000.
3) Land Donation Alternative: CCLAAC recommended that the land donation fee incorporate the
land management endowment and an initial exotic vegetation removal cost. Additionally,
CCLAAC recommended a 4:1 ratio for land donations to offset the land being developed. The
following table illustrates the land donation fee for a project with a native vegetation
requirement of one acre. Since a 4:1 ratio would apply to the donation, four acres would need
to be donated, therefore, the fees are multiplied by four in the following table:
Elements of Land Donation Fee Cost Per Donation
Land management endowment ($32,500 x 4) $130,000
Initial exotic vegetation removal costs ($4,000 x 4) $16,000
Total $146,000
DSAC recommendations for off-site preservation alternatives:
1) Land Management Costs: DSAC recommended using the following estimates to manage lands
donated to Conservation Collier:
• Years 1-5 = $558 per acre
• Year 6 and ongoing = $141 per acre
These yearly management estimates were used to establish an endowment amount that ensures
sufficient management funds for at least 20 years while also accounting for inflation and
interest. The resulting land management endowment amount of $13,200 was incorporated in
DSAC’s recommended fees for the monetary payment and land donation alternatives.
2) Monetary Payment Alternative: DSAC recommended that the monetary payment incorporate
the cost for Conservation Collier to purchase land, the land management endowment, and an
initial exotic vegetation removal cost as shown in the following table:
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Elements of Monetary Payment Alternative Per Acre Cost
Average cost to purchase land for Conservation Collier $32,800
Land management endowment $13,200
Initial exotic vegetation removal costs $4,000
Total $50,000
3) Land Donation Alternative: DSAC recommended that the land donation fee incorporate the
land management endowment and an initial exotic vegetation removal cost as shown in the
following table:
Elements of Land Donation Fee Per Acre Cost
Land management endowment $13,200
Initial exotic vegetation removal costs $4,000
Total $17,200
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment.
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with this amendment.
Amend the LDC as follows:
3.05.07 Preservation Standards 1
* * * * * * * * * * * * * 2
H. Preserve standards. 3
1. Design standards. 4
* * * * * * * * * * * * * 5
f. Off-site vegetation retention. 6
i. Purpose and Intent. The purpose of this subsection f is to identify 7
the criteria to satisfy on-site preserve requirements off site. The 8
intent of the on-site preserve requirement is to retain, maintain, 9
and preserve existing native vegetation on site as provided for in 10
the Conservation and Coastal Management Element of the GMP. 11
However, in limited situations on-site preserve may be considered 12
less viable as a functional preserve if it is 21,780 square feet (one-13
half acre) or less and isolated. Therefore, in limited situations, 14
providing for a preserve off site can achieve the goals and 15
objectives of the GMP. This section shall not apply to lands 16
located within the RLSA or RFMU districts. 17
i. Applicability. A property owner may request that all or a portion of 18
the Collier County on-site native vegetation preservation retention 19
requirement be satisfied for only the following situations and 20
subject to the restrictions listed below. 21
a) Properties zoned commercial where the on-site preserve 22
requirement is less than 2 acres in size. 23
b) Park sites where the on-site preserve requirement is less 24
than one acre in size. 25
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c) Essential service facilities other than parks, for any size 1
preserves. 2
d) Preserves less than on acre in size 3
e) Affordable housing projects. The maximum percent 4
of native vegetation retention allowed offsite shall be 5
equal to the percent of affordable housing units, without 6
limitation as to size of the preserve. 7
f) Existing or proposed preserves with 75 percent or more 8
coverage with exotic vegetation. Existing preserves not 9
previously overrun with this type vegetation and which 10
arrive at this state due to lack of management of the 11
preserve shall mitigate off site at a ratio of 2 to 1. 12
g) Created preserves which do not meet the success criteria 13
in 3.05.07 H.1.e.viii or where preserves have not been 14
planted in a manner which mimics a natural plant 15
community. 16
h) Preserves which do not meet the minimum dimensional 17
requirements of this section. 18
f) Portions of preserves located within platted single-family 19
lots. 20
j) Right of Way acquisitions to be conveyed or in the process 21
of being conveyed to the County by non-governmental 22
entities for all purposes necessary for roadway 23
construction, including ancillary drainage facilities, and 24
including utilities within the right of way acquisition area. 25
k) All criteria listed for created preserves. 26
ii. Restrictions, when one or more of the following situations occur. 27
Applicability and prohibitions. Except where it is prohibited, 28
applicants may request that the on-site native vegetation 29
retention requirement be satisfied in full off-site where the native 30
vegetation requirement is 21,780 square feet (one-half acre) or 31
less, and the preserves have not been identified on an approved 32
development order by the County. Off-site preserves are 33
prohibited if one or more of the following is found on-site: 34
a) Xeric scrub, and hardwood hammocks which are one acre 35
or more in size, mangrove (excluding mangrove fringes 36
less than 40 feet in width on artificially created 37
shorelines), coastal dune and strand environments, and 38
listed species habitat or corridors per the requirements or 39
recommendations of the FFWCC or USFWS are found on 40
site; shall not be allowed to have the on-site native 41
vegetation preservation retention requirement provided 42
offsite. 43
b) Preserves shall remain on site if are located within or 44
contiguous to natural flowways required to be retained per 45
the requirements of the SFWMD, natural water bodies, 46
estuaries, government required preserves (not meeting the 47
off-site preservation criteria herein), NRPAs, or contiguous 48
to property designated for purchase by Conservation 49
Collier or purchased by Conservation Collier, or contiguous 50
to properties containing listed species nests, buffers, 51
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corridors and foraging habitat per the requirements or 1
recommendations of the FFWCC or USFWS. For the 2
purpose of this section, natural flowways shall also 3
include those identified during wetland permitting with 4
applicable State and Federal agencies, regional drainage 5
studies, or surface water management permits.; 6
c) Remaining portions of on-site preserves must be a 7
minimum of one acre in size and shall not meet the offsite 8
criteria of sub-section 3.05.07 H.1.f.i.(f) and (g) above, 9
unless preserved with higher quality habitat not qualifying 10
for the off-site native vegetation retention alternative. 11
c) If the on-site native vegetation retention requirement is 12
greater than 21,780 square feet (one-half acre), then no 13
required preserves are allowed to go off site; or 14
d) Deviations or variances from this section are prohibited. 15
iii. Off-site preserves approved administratively. Except as limited in 16
LDC section 3.05.07 H.1.f.ii, the County Manager or designee 17
may approve deviations to meet the on-site preserve requirements 18
off site in only the following four situations: 19
a) Essential services facilities; 20
b) Affordable housing approved by the Collier County 21
Community and Human Services Division; 22
c) Projects where on-site native vegetation is fragmented; or 23
d) Projects where on-site native vegetation is not contiguous 24
to off-site preserve areas. 25
iv. Off-site preserves approved through a public hearing. Except as 26
limited in LDC section 3.05.07 H.1.f.ii., applicants may request a 27
PUD deviation or variance, as applicable, to meet the on-site 28
preserve requirement off site. 29
a) PUD deviations shall be processed in accordance with the 30
procedures in LDC section 10.02.13. 31
b) Variances shall be processed in accordance with the 32
procedures in LDC section 10.09.00. 33
v. For the purposes this section, the preserve requirement shall be 34
based on the total acreage for the PUD or development order, as 35
applicable, and not based on an individual phase or phases of a 36
development, consistent with LDC section 3.05.07 H.1.a. If the 37
on-site native vegetation retention requirement is satisfied off 38
site, then all of the required preserve will be satisfied off site. 39
iii.vi. Off-site Alternatives. Off-site native vegetation retention 40
requirements may be met by monetary payment or by land 41
donation. If a development qualifies for off-site preservation, only 42
a monetary payment will satisfy the off-site retention requirement. 43
a) Applicants shall make the monetary payment to Collier 44
County. Such funds will shall be used by the County for the 45
purchase and management of off-site conservation lands 46
within the county. The monetary payment amount shall be 47
established by resolution in the Collier County Growth 48
Management Department Development Services Fee 49
Schedule. The monetary payment amount shall be 50
calculated based on the on-site preserve requirement for 51
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the land that is proposed to be developed and shall be the 1
current AUIR Community and Regional Park Land 2
Summary per acre unit cost, as amended annually. based 3
on the location of the land to be impacted and be equal to 4
125 percent of the average cost of land in the Urban 5
Designation or 125 percent of the average cost for all other 6
Designations, as applicable, as defined by the FLUE, 7
purchased by Collier County, through the Conservation 8
Collier program. This monetary payment shall be made 9
prior to the preconstruction meeting for the SDP or final 10
plat construction plans. 11
b) In lieu of monetary payment, applicants may choose to 12
donate land for conservation purposes to Collier County or 13
to another government agency. In the event of donation to 14
Collier County, the applicant may acquire and 15
subsequently donate land within the project boundaries of 16
Winchester Head, North Golden Gate Estates Unit 53, 17
another multi- parcel project or any other land designated 18
by Conservation Collier donation acceptance procedures. 19
Applicants who choose to donate land shall be required to 20
demonstrate that the land to be donated contains native 21
vegetation communities equal to or of higher priority (as 22
described in subsection 3.05.07 A.) than the land required 23
to be preserved onsite. In no case shall the acreage of 24
land donated be less than the acreage of land required to 25
be preserved onsite. Land donated to satisfy the off-site 26
vegetation retention requirement must be located entirely 27
within Collier County. Donations of land for preservation 28
shall be made to a federal, state or local government 29
agency established or authorized to accept lands for the 30
conservation and management of land in perpetuity, 31
subject to the policies and procedures of the receiving 32
entity. Lands donated to Collier County must include a 33
cash payment for management of the land. The amount of 34
this payment shall be equal to 25 percent of the average 35
cost of land in the Urban Designation or 25 percent of the 36
average cost in all other Designations, as applicable, as 37
defined by the FLUE, purchased by Collier County, through 38
the Conservation Collier program. 39
Applicants shall provide evidence that donations of land 40
for preservation and endowments for management have 41
been accepted by and donated to the entity stated above, 42
at the time of the preconstruction meeting for the SDP or 43
final plat construction plans. Exotics shall be removed in 44
accordance with the time frames provided in 3.05.07 H.2. 45
State and Federal agency requirements for mitigation, 46
remediation and monitoring for the donated land shall be 47
the responsibility of the applicant. 48
iv.vii. PUD zoning. Where the off -site native vegetation retention 49
alternative is used for portions of preserves not identified on a 50
PUD master plan, a PUD amendment is not required. 51
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Preserves or portions of preserves identified on a PUD master 1
plan shall require an amendment to the PUD master plan to 2
use the native vegetation retention alternative, subject to 3
LDC section 10.02.13 E, unless the option to use the off -site 4
native vegetation retention alternative is included in the PUD. 5
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