Agenda 01/23/2018 Item #16A 901/23/2018
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2010-29, as amended, relating to
the Stewardship Sending Area with a designation as “SUNNILAND FAMILY SSA 12”;
approving the extension of certain dates to February 9, 2023 in the Stewardship Sending Area
Credit agreement for SUNNILAND FAMILY SSA 12 and the Escrow agreement for
SUNNILAND FAMILY SSA 12.
OBJECTIVE: To have the Board of County Commissioners (Board) adopt a Resolution to amend
Resolution 2010-29, which established Stewardship Sending Area (SSA) 12 conditionally for a five-
year period and Resolution 2014-185 which extended for an additional three-year period, to allow
that conditional period to be extended for an additional five-years to February 9, 2023. If the
extension is denied, SSA 12 will expire on February 9, 2018.
CONSIDERATIONS: The Stewardship Credit Program is the foundation of the Rural Lands
Stewardship Area (RLSA), which has been recognized in Florida, regionally, and nationally for
visionary methodology to preserve environmentally significant land, to protect agricultural land and
to direct growth to suitable locations. Collier County adopted the RLSA Overlay in the Land
Development Code (LDC) as the implementing regulation for the Growth Management Plan
amendments known broadly as the "Rural/Eastern Lands Amendments" which were developed in
response to Administration Commission Final Order No. AC99-002, which required a, "Rural and
Agricultural Assessment" and subsequent adoption of the Growth Management Plan amendment
based upon that assessment.
On February 9, 2010, the Board during an advertised public hearing adopted Resolution 2010- 29,
which designated 4,775.9 acres in the Rural Lands Stewardship Area (RLSA) Overlay as "
SUNNILAND FAMILY SSA 12". Additionally, the Resolution approved a credit agreement for
SUNNILAND FAMILY SSA 12, approved an easement agreement for SUNNILAND FAMILY
SSA 12, approved an escrow agreement, and established the number of Stewardship Credits
generated by the designation of said Stewardship Sending Area. Through Resolution 2014-185 the
Board amended Resolution No. 2010-29 and extended the conditional period to February 9, 2018.
LDC Section 4.08.06.E.2 requires that, following Board approval of the SSA application and SSA
Credit Agreement, a legal description of the land designated SSA, the SSA credits granted, and the
stewardship easement applicable to such lands, shall be provided to the Collier County Property
Appraiser by the applicant, and shall be recorded within 30 days by the applicant in the public
records. The applicant proposed to hold the easement in escrow and to record the easement when all
permits and authorizations had been obtained for the development of a future Stewardship Receiving
Area (SRA), which was to occur by February 9, 2018, or the SSA Credit Agreement and
Stewardship Easement Agreement were to be null and void.
The attached Resolution would amend the existing credit and escrow agreement to extend the SSA
an additional five-years until February 9, 2023.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: The Rural Lands Stewardship Area Overlay
in the Future Land Use Element (FLUE) establishes the process and requirements for establishment of
SSAs, the lands qualifying for SSA designation, and the use limitations for l ands once they are
designated as SSAs. This land use and growth management tool is implemented through the Rural
Lands Stewardship Area Zoning Overlay.
SSA 12 is designed to utilize the stewardship credits from this SSA to partially enable the development
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of a future SRA. Accordingly, the applicant for SSA 12 had established an Escrow Agreement which
delayed the recordation of the Easement Agreement into public records until such time that all
requirements in the Escrow Agreement and the SRA Credit Agreement provisions of the LDC were
satisfied. The County Attorney required the recording of the notice of restrictions until the easement is
recorded consistent with the intent of the LDC.
FISCAL IMPACT: There are no fiscal impacts for the County associated with the item. The owner
will pay for recording of the Amendment of Land Use Limitations.
LEGAL CONSIDERATIONS: This item is approved for form and legality. A majority vote is
needed for Board approval. - HFAC
STAFF RECOMMENDATION: That the Board adopts the resolution amending the Escrow
agreement and the Credit agreement for SSA #12, Resolution No. 2010-29, as amended to extend
conditionally for an additional five-years and accept the amended notice of restrictions.
Prepared by: Mike Bosi, AICP, Zoning Director
ATTACHMENT(S)
1. Resolution - 122717(1) (PDF)
2. Extension Interim Land Use Limitations_2nd Amend. (1) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 4394
Item Summary: Recommendation to adopt a Resolution amending Resolution 2010-29, as
amended, relating to the Stewardship Sending Area with a designation as “SUNNILAND FAMILY SSA
12”; approving the extension of certain dates to February 9, 2023 in the Stewardship Sending Area Credit
agreement for SUNNILAND FAMILY SSA 12 and the Escrow agreement for SUNNILAND FAMILY
SSA 12.
Meeting Date: 01/23/2018
Prepared by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
12/19/2017 8:27 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
12/19/2017 8:27 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 12/20/2017 3:15 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/20/2017 3:38 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 01/04/2018 9:26 AM
Growth Management Department James French Deputy Department Head Review Completed 01/09/2018 9:29 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/09/2018 11:39 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/09/2018 3:02 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/09/2018 3:20 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/12/2018 8:57 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
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Packet Pg. 270 Attachment: Resolution - 122717(1) (4394 : SSA#12 Extension)
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Packet Pg. 271 Attachment: Resolution - 122717(1) (4394 : SSA#12 Extension)
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Packet Pg. 272 Attachment: Resolution - 122717(1) (4394 : SSA#12 Extension)
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Packet Pg. 273 Attachment: Resolution - 122717(1) (4394 : SSA#12 Extension)
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Packet Pg. 274 Attachment: Resolution - 122717(1) (4394 : SSA#12 Extension)
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Packet Pg. 275 Attachment: Resolution - 122717(1) (4394 : SSA#12 Extension)
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Packet Pg. 276 Attachment: Resolution - 122717(1) (4394 : SSA#12 Extension)
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Packet Pg. 277 Attachment: Resolution - 122717(1) (4394 : SSA#12 Extension)
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Packet Pg. 278 Attachment: Resolution - 122717(1) (4394 : SSA#12 Extension)
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Packet Pg. 279 Attachment: Resolution - 122717(1) (4394 : SSA#12 Extension)
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Packet Pg. 280 Attachment: Extension Interim Land Use Limitations_2nd Amend. (1) (4394 : SSA#12 Extension)
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Packet Pg. 281 Attachment: Extension Interim Land Use Limitations_2nd Amend. (1) (4394 : SSA#12 Extension)
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Packet Pg. 282 Attachment: Extension Interim Land Use Limitations_2nd Amend. (1) (4394 : SSA#12 Extension)