Agenda 04/10/2018 Item #11C04/10/2018
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise, and bring back for a public hearing, an Ordinance
amending the Land Development Code relating to off -site native vegetation preservation, at a
future Board meeting.
OBJECTIVE: To obtain Board of County Commissioners (Board) direction to advertise and hold a
public hearing for a proposed Land Development Code (LDC) amendment, relating to off -site native
vegetation preservation, serving the best interest of the public.
CONSIDERATIONS: At the February 13, 2018, Board meeting, the Board reviewed recommendations
from the Collier County Planning Commission (CCPC), Conservation Collier Land Acquisition Advisory
Committee (CCLAAC), and Development Services Advisory Committee (DSAC), regarding an
amendment to the off-site preservation standards in the LDC. The Board directed staff to prepare a draft
amendment that reflected a portion of the CCPC recommendation and a portion of the CCLAAC
recommendation:
The CCPC recommendation regarding the applicability of off-site preservation (LDC
Sections 3.05.07 H.1.f.i-v & vii-viii in the attached amendment). This recommendation
includes the following provisions:
o Off-site preservation is only allowed when the preserve requirement is 21,780 square feet
(one-half acre) or less.
o Off-site preservation may be approved through:
An administrative deviation for essential service projects, affordable housing
projects, fragmented on-site vegetation, or on-site vegetation that is disconnected
from the preserve areas on surrounding properties; or
A public hearing (a PUD deviation or variance).
The CCLAAC recommendation regarding management endowment alternatives associated
with lands donated to satisfy the off-site preservation requirements (LDC Section 3.05.07
H.1.f.vi in the attached amendment). This recommendation includes the following provisions:
o 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.
o 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
The attached strikethrough/underline amendment reflects both recommendations. The Board may direct
staff to advertise a public hearing for adoption at a future meeting, along with any changes to the
proposed amendment.
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04/10/2018
FISCAL IMPACT: No fiscal impact is associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed as to form, and legality and requires a
majority vote for Board approval - SAS
RECOMMENDATION: To direct staff to advertise, and bring back for a public hearing, an Ordinance
amending off-site native vegetation preservation standards in the LDC.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
ATTACHMENT(S)
1. DRAFT LDC Amendment (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C
Doc ID: 5042
Item Summary: *This item has been continued from the December 12, 2017, BCC meeting, the
January 23, 2018, BCC meeting, and the February 13, 2018, BCC meeting.*** Recommendation to direct
staff to advertise, and bring back for a public hearing, an Ordinance amending the Land Development
Code relating to off-site native vegetation preservation, at a future Board meeting. (Mike Bosi, Planning
and Zoning Division Director, Growth Management Department)
Meeting Date: 04/10/2018
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
03/06/2018 12:02 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
03/06/2018 12:02 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/09/2018 9:09 AM
Zoning Michael Bosi Additional Reviewer Completed 03/13/2018 9:48 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/13/2018 12:24 PM
Growth Management Department James French Deputy Department Head Review Completed 03/14/2018 7:53 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/15/2018 10:35 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2018 3:48 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2018 11:01 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/27/2018 9:17 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/29/2018 3:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
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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
c) Essential service facilities other than parks, for any size 26
preserves. 27
d) Preserves less than on acre in size 28
e) Affordable housing projects. The maximum percent 29
of native vegetation retention allowed offsite shall be equal 30
to the percent of affordable housing units, without limitation 31
as to size of the preserve. 32
f) Existing or proposed preserves with 75 percent or more 33
coverage with exotic vegetation. Existing preserves not 34
previously overrun with this type vegetation and which 35
arrive at this state due to lack of management of the 36
preserve shall mitigate off site at a ratio of 2 to 1. 37
g) Created preserves which do not meet the success criteria 38
in 3.05.07 H.1.e.viii or where preserves have not been 39
planted in a manner which mimics a natural plant 40
community. 41
h) Preserves which do not meet the minimum dimensional 42
requirements of this section. 43
f) Portions of preserves located within platted single-family 44
lots. 45
j) Right of Way acquisitions to be conveyed or in the process 46
of being conveyed to the County by non-governmental 47
entities for all purposes necessary for roadway 48
construction, including ancillary drainage facilities, and 49
including utilities within the right of way acquisition area. 50
k) All criteria listed for created preserves. 51
11.C.1
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ii. Restrictions, when one or more of the following situations occur. 1
Applicability and prohibitions. Except where it is prohibited, 2
applicants may request that the on-site native vegetation retention 3
requirement be satisfied in full off site where the native vegetation 4
requirement is 21,780 square feet (one-half acre) or less, and the 5
preserves have not been identified on an approved development 6
order by the County. Off-site preserves are prohibited if one or 7
more of the following is found on site: 8
a) Xeric scrub, and hardwood hammocks which are one acre 9
or more in size, mangrove (excluding mangrove fringes 10
less than 40 feet in width, as measured from the root line, 11
on artificially created shorelines), coastal dune and strand 12
environments, and listed species habitat or corridors per 13
the requirements or recommendations of the FFWCC or 14
USFWS; shall not be allowed to have the on-site native 15
vegetation preservation retention requirement provided 16
offsite. 17
b) Preserves shall remain onsite if that are located within or 18
contiguous to natural flowways required to be retained per 19
the requirements of the SFWMD, natural water bodies, 20
estuaries, government required preserves (not meeting the 21
off-site preservation criteria herein), NRPAs, or contiguous 22
to property designated for purchase by Conservation 23
Collier or purchased by Conservation Collier, or contiguous 24
to properties containing listed species nests, buffers, 25
corridors and foraging habitat per the requirements or 26
recommendations of the FFWCC or USFWS. For the 27
purpose of this section, natural flowways shall also include 28
those identified during wetland permitting with applicable 29
State and Federal agencies, regional drainage studies, or 30
surface water management permits.; or 31
c) Remaining portions of on-site preserves must be a 32
minimum of one acre in size and shall not meet the offsite 33
criteria of sub-section 3.05.07 H.1.f.i.(f) and (g) above, 34
unless preserved with higher quality habitat not qualifying 35
for the off-site native vegetation retention alternative. 36
c) The on-site native vegetation retention requirement is 37
greater than 21,780 square feet (one-half acre). 38
iii. Off-site preserves approved administratively. Except as limited in 39
LDC section 3.05.07 H.1.f.ii, the County Manager or designee 40
may approve deviations to meet the on-site preserve requirements 41
off site in only the following four situations: 42
a) Essential services facilities; 43
b) Affordable housing approved by the Collier County 44
Community and Human Services Division; 45
c) Projects where on-site native vegetation is fragmented; or 46
d) Projects where on-site native vegetation is not contiguous 47
to off-site preserve areas. 48
iv. Off-site preserves approved through a public hearing. Except as 49
limited in LDC section 3.05.07 H.1.f.ii., applicants may request a 50
11.C.1
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PUD deviation or variance, as applicable, to meet the on-site 1
preserve requirement off site. 2
a) PUD deviations shall be processed in accordance with the 3
procedures in LDC section 10.02.13. 4
b) Variances shall be processed in accordance with the 5
procedures in LDC section 10.09.00. 6
v. For the purposes this section, the preserve requirement shall be 7
based on the total acreage for the PUD or development order, as 8
applicable, and not based on an individual phase or phases of a 9
development, consistent with LDC section 3.05.07 H.1.a. If the on-10
site native vegetation retention requirement is satisfied off site, 11
then all of the required preserve will be satisfied off site. 12
iii.vi. Off-site Alternatives. Off-site native vegetation retention 13
requirements may be satisfied met by monetary payment or by 14
land donation. 15
a) Monetary payment alternative. Applicants shall make 16
monetary payment to Collier County. Such funds will shall 17
be used by the County for the purchase and management 18
of off-site conservation lands within the county. The 19
monetary payment amount shall be based on the post 20
development appraisal value per acre multiplied by the 21
preserve requirement, then multiplied by 1.25 to establish 22
the endowment amount. The appraisal shall be performed 23
by an appraiser from the County’s Certified Appraiser List, 24
as amended. For example, if the land appraisal was value 25
was $300,000 and the preserve requirement was 1 acre, 26
the calculation would be: $300,000 x 1 x 1.25 = $375,000. 27
In addition, the fee for initial exotic vegetation removal shall 28
be paid by the applicant as established in the Collier 29
County Growth Management Department Development 30
Services Fee Schedule. based on the location of the land 31
to be impacted and be equal to 125 percent of the average 32
cost of land in the Urban Designation or 125 percent of the 33
average cost for all other Designations, as applicable, as 34
defined by the FLUE, purchased by Collier County, through 35
the Conservation Collier program. This monetary payment 36
shall be made prior to the preconstruction meeting for the 37
SDP or final plat construction plans. 38
b) Land donation alternative. In lieu of monetary payment, 39
applicants may choose to donate land for conservation 40
purposes at a ratio of 4:1 to Collier County or to another 41
government agency. In the event of donation to Collier 42
County, the applicant may acquire and subsequently 43
donate land within the project boundaries of Winchester 44
Head, North Golden Gate Estates Unit 53, by another 45
multi-parcel project or any other land designated 46
Conservation Collier donation acceptance procedures. 47
c) i) Applicants who choose to donate land shall be 48
required to demonstrate that the land to be donated 49
contains native vegetation communities equal to or 50
of higher priority (as described in LDC subsection 51
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3.05.07 A.) than the land required to be preserved 1
on site. In no case shall the acreage of land 2
donated be less than the acreage of land required 3
to be preserved on-site. Land donated to satisfy the 4
off-site vegetation retention requirement must be 5
located entirely within Collier County. Donations of 6
land for preservation shall be made to a federal, 7
state or local government agency established or 8
authorized to accept lands for the conservation and 9
management of land in perpetuity, subject to the 10
policies and procedures of the receiving entity. 11
Lands donated to Collier County must include a 12
cash endowment payment for management of the 13
land. The cash endowment amount shall be 14
established in the Collier County Growth 15
Management Department Development Services 16
Fee Schedule and shall be at a ratio of 4:1. For 17
example, if the applicant developed one acre they 18
would donate four acres and provide a cash 19
endowment as follows: $50,000 x 4 acres = 20
$200,000. The amount of this payment shall be 21
equal to 25 percent of the average cost of land in 22
the Urban Designation or 25 percent of the average 23
cost in all other Designations, as applicable, as 24
defined by the FLUE, purchased by Collier County, 25
through the Conservation Collier program. 26
Applicants shall provide evidence that donations of 27
land for preservation and endowments for 28
management have been accepted by and donated 29
to the entity stated above, at the time of the 30
preconstruction meeting for the SDP or final plat 31
and construction plans. Exotics shall be removed in 32
accordance with the time frames provided in LDC 33
section 3.05.07 H.2. State and Federal agency 34
requirements for mitigation, remediation and 35
monitoring for the donated land shall be the 36
responsibility of the applicant. 37
iv.vii. PUD zoning. Where the off-site native vegetation retention 38
alternative is used for portions of preserves not identified on a 39
PUD master plan, a PUD amendment is not required. Preserves 40
or portions of preserves identified on a PUD master plan shall 41
require an amendment to the PUD master plan to use the native 42
vegetation retention alternative, subject to LDC section 10.02.13 43
E, unless the option to use the off-site native vegetation retention 44
alternative is included in the PUD. 45
viii. Deviations or variances from LDC section 3.05.07 H.1.f. are 46
prohibited. 47
# # # # # # # # # # # # # 48
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