Agenda 02/27/2018 Item #16A1002/27/2018
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to adopt a
Resolution amending Resolution 2009-58, as amended by Resolution 2014-37 as amended by
Resolution 2015-40, relating to the Stewardship Sending Area with a designation as “BCI/BCP SSA
10”; approving the extension of certain dates to March 10, 2021 in the Stewardship Sending Area
credit agreement for BCI/BCP SSA 10, the Escrow agreement and accept the amended notice of
restrictions for BCI/BCP SSA 10.
OBJECTIVE: To have the Board of County Commissioners (Board) adopt a Resolution to amend
Resolution 2009-58, which established Stewardship Sending Area (SSA) 10 conditionally for a five-
year period, and Resolution 2014-37 which extended for an additional one-year period, and Resolution
2015-40 which extended for an additional three-year period, to allow that conditional period to be
extended for an additional three-years to March 10, 2021. If the extension is denied, SSA 10 will expire
on March 10, 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 March 10, 2009, the Board during an advertised public hearing adopted Resolution 2009- 58, which
designated 7,414 acres in the Rural Lands Stewardship Area (RLSA) Overlay as "BCI/BCP SSA 10".
Additionally, the Resolution approved a credit agreement for BCI/BCP SSA 10, approved an easement
agreement for BCI/BCP SSA 10, approved an escrow agreement, and established the number of
Stewardship Credits generated by the designation of said Stewardship Sending Area. Through
Resolution 2015-40 the Board extended the conditional period to March 10, 2018.
LDC Section 4.08.06.E.2 requires that, following the Board's 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 March 10, 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 three-years until March 10, 2021.
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 lands once they are
designated as SSAs. This land use and growth management tool is implemented through the Rural Lands
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02/27/2018
Stewardship Area Zoning Overlay.
SSA 10 is designed to utilize the stewardship credits from this SSA to partially enable the development
of a future SRA. Accordingly, the applicant for SSA 10 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 th e 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, and the notice of restrictions has been amended to extend
the date to March 10, 2021 as well.
FISCAL IMPACT: There are no fiscal impacts for the County associated with this 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. - SS
STAFF RECOMMENDATION: That the Board adopts the resolution amending the Escrow
agreement and the Credit agreement for SSA #10, extend those agreements conditionally for an
additional three-years to March 10, 2021, and accept the amended notice of restrictions.
Prepared by: Mike Bosi, AICP, Director, Zoning Division
ATTACHMENT(S)
1. Resolution - 020618 (PDF)
2. Third Amendment to Notice of Interim LUL - 020118 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 4630
Item Summary: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
adopt a Resolution amending Resolution 2009-58, as amended by Resolution 2014-37, as amended by
Resolution 2015-40, relating to the Stewardship Sending Area with a designation as “BCI/BCP SSA 10”;
approving the extension of certain dates to March 10, 2021 in the Stewardship Sending Area credit
agreement for BCI/BCP SSA 10, the Escrow agreement and accept the amended notice of restrictions for
BCI/BCP SSA 10.
Meeting Date: 02/27/2018
Prepared by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
01/22/2018 2:30 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
01/22/2018 2:30 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/25/2018 5:06 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/26/2018 10:14 AM
Growth Management Department James French Deputy Department Head Review Completed 02/07/2018 6:57 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/08/2018 1:42 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/09/2018 7:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/20/2018 8:08 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/20/2018 9:07 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/20/2018 11:01 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM
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Packet Pg. 589 Attachment: Resolution - 020618 (4630 : SSA#10 Extension)
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Packet Pg. 600 Attachment: Resolution - 020618 (4630 : SSA#10 Extension)
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Packet Pg. 601 Attachment: Third Amendment to Notice of Interim LUL - 020118 (4630 : SSA#10 Extension)
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Packet Pg. 602 Attachment: Third Amendment to Notice of Interim LUL - 020118 (4630 : SSA#10 Extension)
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Packet Pg. 604 Attachment: Third Amendment to Notice of Interim LUL - 020118 (4630 : SSA#10 Extension)