Agenda 10/26/2010 Item #16E 8Agenda Item No. 16E8
EXECUTIVE SUMMARY October 26, 2010
Page 1 of 8
Recommendation to approve a Resolution establishing a policy for the acceptance of
monetary payment and land donations by the Conservation Collier Land Acquisition
Program in lieu of meeting off -site native retention requirements, as set forth in recent
amendments to the Land Development Code (LDC), Section 3.05.07.
OBJECTIVE: To approve a policy for acceptance of monetary payment and land donations by the
Conservation Collier Program under LDC Section 3.05.07.
CONSIDERATION: As part of the outcome of a 2004 Evaluation and Appraisal Report required by
the Department of Community Affairs (DCA), changes were made to the Conservation and Coastal
Management Element (CCME) of the Collier County Growth Management Plan (GMP) which were
adopted by the Collier County Board of County Commissioners in May 2007. Within those changes
was a requirement for language to be developed in the Land Development Code (LDC) providing an
option for developers to mitigate small urban preserves offsite. The specific language implementing
this option was developed as part of an amendment to Section 3.05.07 in the LDC (relevant
provisions are attached as back -up). That amendment was approved by the Board on June 8, 2010,
subsequently accepted by the Florida Department of Community Affairs (DCA) and included within
Ordinance 10 -23, effective as of June 22, 2010.
Utilizing the Conservation Collier program for donation or monetary payment is one option for a
developer to meet the preservation standards of the LDC. The language in the LDC amendment
provides that a property owner may request that all or part of the Collier County off -site native
vegetation preservation retention requirement, within certain limitations, may be met by monetary
payment equal to 125 percent of the average cost of similar lands as purchased through the
Conservation Collier Program or by land donation pursuant to Conservation Collier donation
acceptance procedures, with preference for accepting donations of lands within existing multi - parcel
projects, and including 25 percent of the average cost of similar lands as a management endowment.
The Conservation Collier Ordinance Policy and Rules (OPR) Subcommittee met on eight separate
occasions to review the LDC amendment drafts as they were developed, provide comment and
develop a procedure for acceptance of monetary payment or donation of lands to Conservation
Collier. The attached Resolution was unanimously recommended by the Conservation Collier Land
Acquisition Advisory Committee in September 2010.
All land conveyance proposals will be independently evaluated under the provisions of the LDC and
the Resolution and brought to the Board of County Commissioners for approval.
FISCAL IMPACT: Monetary donations shall be equal to 125 percent of the average cost of lands
purchased by Conservation Collier within the same Designation, as defined by the Future Land Use
Element (FLUE), as those being mitigated for. Donations of funds will be separated, with 80 percent
of the donation to be deposited into Land Acquisition Fund 172 and 20 percent deposited into Land
Management Fund 174. Donations of lands will be accompanied by a monetary donation of 25 per
cent of the cost of similar lands and will be deposited into Land Management Fund 174.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. - JBW
GROWTH MANAGEMENT IMPACT: There is no growth management impact with this resolution.
RECOMMENDATION: That the Board of County Commissioners approves the attached Resolution
identifying a policy for acceptance of land donations by the Conservation Collier Program to satisfy
offsite native vegetation retention requirements.
PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program
Agenda Item No. 16118
October 26, 2010
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16E8
Item Summary: Recommendation to approve a Resolution establishing a policy for the acceptance of
monetary payment and land donations by the Conservation Collier Land Acquisition Program
in lieu of meeting off -site native retention requirements, as set forth in recent amendments to
the Land Development Code (LDC), Section 3.05.07.
Meeting Date: 10/26/2010 9:00:00 AM
Prepared By
Alexandra J. Sulecki
Environmental Specialist, Senior
Date
Administrative Services
Division
Facilities Management
9/24/2010 12:38:29 PM
Approved By
Melissa Hennig
Environmental Specialist, Principal
Date
Administrative Services
Division
Facilities Management
9/27/2010 12:00 PM
Approved By
Skip Camp, C.F.M.
Director - Facilities Management
Date
Administrative Services
Division
Facilities Management
9/28/2010 1:43 PM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney
9/2912010 2:29 PM
Approved By
Len Golden Price
Administrator - Administrative Services
Date
Administrative Services
Division
Administrative Services Division
10/112010 1:35 PM
Approved By
Jeff Klatzkow
County Attorney
Date
10/4/2010 9:33 AM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/14/2010 4:07 PM
Approved By
Therese Stanley
Manager - Operations Support - Trans
Date
Office of Management &
Budget
Office of Management & Budget
10/15/2010 12:50 PM
Agenda Item No. 16E8
October 26, 2010
Page 3 of 8
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
Office of Management &
Budget Office of Management & Budget 10/16/2010 2:25 PM
October 26, 2010
Page 4 of 8
section 3.05.07 1-1.111(f) and (g) above,
unless preserved with higher quality habitat
not gualifving for the off -site native
vegetation retention alternative.
iii. Off- -site Alternatives. Off- -site native vegetation
retention requirements may be met by monetary
Payment or by land donation.
a) Applicants shall make monetary payment
to Collier County. Such funds will be used
by the County for the purchase and
management of off -site conservation lands
within the county. The monetary payment
shall be based on the location of the land to
be impacted and be equal to 125 percent of
the average cost of land in the Urban
Designation or 125 percent of the average
cost for all other Designations, as
applicable, as defined by the FLUE,
Purchased by Collier County, through the
Conservation Collier program. This
monetary payment shall be made prior to
the preconstruction meeting for the SDP or
final plat construction plans.
b) In lieu of monetary payment applicants may
choose to donate land for conservation
Purposes to Collier County or to another
government agency. In the event of
donation to Collier County, the applicant
may acouire and subsequently donate land
within the project boundaries of Winchester
Head, North Golden Gate Estates Unit 53.
another multi - parcel proiect or any other
land designated by Conservation Collier
donation acceptance procedures.
Applicants who choose to donate land
shall be required to demonstrate that the
land to be donated contains native
vegetation communities equal to or of
higher priority (as described in subsection
3.05.07 A.) than the land required to be
preserved onsite. In no case shall the
acreage of land donated be less than the
acreage of land required to be preserved
onsite. Land donated to satisfy the off -site
vegetation retention requirement must be
located entirely within Collier County;
Donations of land for preservation shall be
Page 59 of 194
Words stMek thEoug# are deleted, words underlined are added
October 26, 2010
Page 5 of 8
made to a federal, state or local -government
agency established or authorized to accept
lands for the conservation and management
of land in perpetuity, subject to the policies
and procedures of, the receiving entity.
Lands donated to Collier County must
include a cash payment for management of
the land. The amount of this payment shall
be equal to 25 percent of the average cost
of land in the Urban Designation or 25
percent of the averse cost in all other
Designations, as applicable, as defined by
the FLUE, purchased by Collier County,
through the Conservation Collier program.
Applicants shall provide evidence that
donations of land for preservation and
endowments for management have been
accepted by and donated to the entity
stated above, at the time of the
oreconstruction meeting for the SDP or final
plat construction plans. Exotics shall be
removed in accordance with the time frames
provided in 3.05.07 H.2. State and Federal
agency requirements for mitigation,
remediation and monitoring for the donated
land shall be the responsibility of the
applicant.
iv. PUD zoning. Where the off -site native vegetation
retention alternative is used for portions of
preserves not identified on a PUD master plan a
PUD amendment is not required. Preserves or
portions of preserves identified on a PUD master
plan shall require an amendment to the PUD
master plan to use the native vegetation retention
alternative, subject to 10.02.13 E. unless the option
to use the off -site native vegetation retention
alternative is included in the PUD.
Preserve management plans. Criteria i, ii, vii and viii below
are required for all preserves whether a management plan
for the preserve is required or not. Preserve Management
Plans shall be required for all properties with 5 acres or
more of preserve or where listed species are utilizing the
preserve or where the preserve contains habitat which
requires management for fire (such as pine flatwoods,
palmetto prairie or scrub). The Preserve Management Plan
shall identify actions that must be taken to ensure that the
preserved areas will maintain natural diversity and function
as proposed. A Preserve Management Plan shall include
Page 60 of 194
Words stmekt#reugh are deleted, words underlined are added
Agenda Item No. 16E8
October 26, 2010
Page 6 of 8
RESOLUTION NO. 2010-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A POLICY FOR
ACCEPTANCE OF MONETARY PAYMENT OR LAND
DONATION BY THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM AS AN OFF -SITE NATIVE
VEGETATION RETENTION ALTERNATIVE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Collier County (County) has recognized the need to plan for future growth
and has initiated a long -term program, known as the Conservation Collier Land Acquisition
Program, (Conservation Collier Program) to acquire, protect, restore and manage
environmentally sensitive lands in perpetuity and to provide public open space for the benefit of
present and future generations; and
WHEREAS, the Conservation Collier Program includes protection of the County's
natural resources, including upland and wetland communities, native plant communities,
endemic species, and endangered species; and
WHEREAS, protected lands include those that provide appropriate natural resource -
based recreational and educational opportunities, flood control and aesthetic or other natural
features; and
WHERAS, the Board of County Commissioners has the authority to accept and approve
for management donations of lands to the Conservation Collier Program.
WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as
"Ordinance No. 2002 -63, as amended ") has described criteria and a process for acceptance of
lands offered for conveyance and donation; and
WHEREAS, Preservation criteria described in the Land Development Code Section
3.07.07 are deemed substantially consistent with those of Conservation Collier,
WHEREAS, Ordinance No. 2005 -49 amended Land Development Code (LDC), Section
3.07.07 entitled "Preservation Standards," states that the County is to provide an alternative to
on -site native vegetation retention by making a monetary payment or land donation to satisfy
native vegetation requirements.
WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as
"Ordinance No. 2002 -63, as amended ") provides for the establishment of the Conservation
Collier Acquisition Trust Fund with the ability to receive monies from donations for acquisition
of environmentally sensitive lands;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Agenda Item No. 16E8
October 26, 2010
Page 7 of 8
SECTION I. Findinjas
It is found and declared that:
(A) The Native Vegetation Preservation Standards, as described in LDC Section 3.05.07B.2,
provides that in certain situations and subject to restrictions the donation of funds or
lands may satisfy the requirement to preserve native vegetation onsite.
(B) Monetary donations shall be equal to 125 per cent of the average cost of lands in the
Urban Designation or 125 per cent of the average cost for all other Designations, as
applicable, as defined by the Future land Use Element (FLUE) of the Collier County
Growth Management Plan, purchased by Collier County, through the Conservation
Collier Program.
(C) Donations of land shall include a cash payment equal to 25 per cent of the average cost
of land in the Urban Designation or 25 per cent of the average cost in all other
Designations, as applicable, as defined by the FLUE, purchased by Collier County
through the Conservation Collier Program.
(D) Donations of lands offered to the Conservation Collier Program must be evaluated
pursuant to the policies and procedures identified in the Conservation Collier Ordinance.
(E) Donations of lands may only be accepted and approved for management by the Board of
County Commissioners.
SECTION II. Acceptance of Lands Offered for Donation:
(A) Potential land donations shall go through a separate "fast- track" evaluation process and
will not be ranked in a regular cycle.
(B) The Conservation Collier Land Acquisition Advisory Committee ( CCLAAC) shall use
the following criteria in addition to those of the Conservation Collier Implementation
Ordinance in reviewing lands proposed for donation:
1. The native vegetation community (habitat) from the proposed donation is at least
as high a conservation priority as the vegetation community (habitat) from land
required to be preserved onsite;
2. The acreage of lands proposed for donation is at least as much as the acreage as
that being mitigated for;
3. The lands proposed for donation are located entirely within Collier County;
4. The lands proposed for donation are free of exotic invasive plant species or will
have the exotic invasive plant species identified in LDC Section 2.4.4.12.1 -11
removed at the owner's expense prior to acceptance by Conservation Collier.
(C) The CCLAAC will consider with high priority the following types of land donations:
1. Lands within the boundary of an approved Conservation Collier multi - parcel
project;
2. Lands within target areas that have been deemed of interest to Conservation
Collier;
3. Lands adjacent to existing Conservation Collier preserve holdings;
Agenda Item No. 16E8
October 26, 2010
Page 8 of 8
4. Lands that have not been used as mitigation for any other Federal, State or county
permit or approval.
SECTION III. Effective Date.
This Resolution adopted and made effective this day of 2010, after motion,
second and majority vote favoring same.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA
IM
, Deputy Clerk
Approval as to form and legal
Sufficiency:
Jenniferrt. White
Assistant County Attorney
Fred W. Coyle, Chairman