Agenda 09/14/2021 Item #16A59 (Resolution - Acknowledging the termination of Reso 2009-58, Reso 2014-37, Reso 2015-40 & Reso 2018-27 relating to the SSA with "BCI/BCP SSA10)09/14/2021
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 acknowledging the termination of Resolution 2009-58, Resolution 2014-37, Resolution
2015-40, and Resolution 2018-27 relating to the Stewardship Sending Area with a designation as
“BCI/BCP SSA 10”; based upon the termination date of March 10, 2021, in the Stewardship
Sending Area credit agreement for BCI/BCP SSA 10 and the Escrow agreement for BCI/BCP SSA
10.
OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution to acknowledge
the termination of Resolution 2009-58, which established Stewardship Sending Area (SSA) 10
conditionally for a five-year period, Resolution 2014-37 which extended for an additional one-year
period, Resolution 2015-40 which extended for an additional three-year period, and Resolution 2018-27,
which extended the conditional period to March 10, 2021.
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
2018-27 the Board extended the conditional period to March 10, 2021.
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, 2021, or the SSA Credit Agreement and Stewardship Easement
Agreement were to be null and void. The date has passed and the escrow agent, Clay Booker has
provided a request for a “written release and termination of the Credit Agreement, the Stewardship
Easement and Notice of Interim Land Use Limitations” associated with SSA 10.
The attached Resolution would acknowledge the termination of the credit and escrow agreement as well
as the notice of interim land use limitations associated with SSA 10.
FISCAL IMPACT: There are no fiscal impacts for the County associated with the item.
GROWTH MANAGEMENT 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
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09/14/2021
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 Stewardship Area Zoning
Overlay.
SSA 10 was 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 the LDC were
satisfied. The Escrow Agreement contained an expiration date of March 10, 2021, that has passed, and the
escrow agent is requesting written release and termination of the SSA, which the attached Resolution
shall satisfy. Additionally, the credits associated with SSA 10 will be removed from the available credits
within the County’s tracking system.
LEGAL CONSIDERATIONS: This item is approved for form and legality. A majority vote is needed
for Board approval. - HFAC
RECOMMENDATION: Adopt the resolution acknowledging the termination of the Escrow agreement
and the Credit agreement and Notice of Interim Land Use Limitations for SSA #10.
Prepared By: Mike Bosi, AICP, Zoning Director
ATTACHMENT(S)
1. resolution terminating ssa-10 (PDF)
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09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.59
Doc ID: 17552
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 acknowledging the termination of Resolution 2009-58, Resolution 2014-37,
Resolution 2015-40, and Resolution 2018-27 relating to the Stewardship Sending Area with a designation
as “BCI/BCP SSA 10”; based upon the termination date of March 10, 2021 in the Stewardship Sending
Area credit agreement for BCI/BCP SSA 10 and the Escrow agreement for BCI/BCP SSA 10.
Meeting Date: 09/14/2021
Prepared by:
Title: – Zoning
Name: Mike Bosi
07/20/2021 9:41 AM
Submitted by:
Title: – Zoning
Name: Mike Bosi
07/20/2021 9:41 AM
Approved By:
Review:
Zoning Mike Bosi Zoning Director Review Completed 07/20/2021 9:42 AM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 07/22/2021 10:27 AM
Growth Management Operations & Regulatory Management Donna Guitard Additional Reviewer Completed 07/27/2021 9:37 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 08/05/2021 4:09 PM
Growth Management Department Trinity Scott Transportation Skipped 08/09/2021 9:16 AM
Growth Management Department James C French Growth Management Completed 08/12/2021 3:20 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 08/25/2021 1:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2021 2:08 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/25/2021 3:33 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/25/2021 4:31 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/08/2021 3:45 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
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16.A.59.a
Packet Pg. 1684 Attachment: resolution terminating ssa-10 (17552 : Acknowledgementor SSA No. 10 Termination)
16.A.59.a
Packet Pg. 1685 Attachment: resolution terminating ssa-10 (17552 : Acknowledgementor SSA No. 10 Termination)