Agenda 03/12/2024 Item #11A (Conservation Collier Program -Proposed amendment to Ordinance 2002-63)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
March 12, 2024
Add-on Item 16H4: Proclamation designating March 21 – 31, 2024, as the 48th Anniversary of the Collier Fair.
The proclamation will be mailed to Rhonda Ward, Collier Fair Manager. (Commissioner McDaniel’s Request)
Move Item 3C1 to the March 26, 2024, BCC Meeting: Recognizing Nolan Sapp for his 46 years of dedicated
public safety service upon retirement. (Staff Request)
Move Item 17A to 9A: This item requires the Commission members to provide ex-parte disclosure. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to approve a rezoning
ordinance for the NBC RV Mixed-Use Planned Unit Development, a portion of which remains in the Rural Fringe
Mixed Use District-Receiving Lands Zoning Overlay, to allow up to 356,000 square feet of commercial and
industrial uses and 75 Travel-Trailer-Recreational Vehicle campground units on property located 450± feet
northeast of the intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard in Section
18, Township 51 South, Range 27 East, Collier County, Florida, consisting of 34± acres; and by providing an
effective date. (Companion to Item 17B) (Commissioner LoCastro’s Request)
Move Item 17B to 9B: Recommendation to approve an ordinance amending the Future Land Use Element and
Future Land Use Map and map series of the Growth Management Plan to create the East Tamiami Trail Mixed Use
Subdistrict, to allow up to 356,000 square feet of gross floor area of heavy commercial and industrial uses, and up
to 75 travel trailer-recreational vehicle campground units. The subject property is located 450± feet northeast of the
intersection of Basik Drive and Tamiami Trail East, 5 miles east of Collier Boulevard, in section 18, township 51
south, range 27 east, Collier County, Florida, consisting of 33.523± acres. (Companion to Item 17A)
Commissioner LoCastro’s Request)
Move Item 16A14 to 11F: Recommendation to direct staff to advertise and bring back an Ordinance amending the
Land Development Code to update the regulations relating to the removal of prohibited exotic vegetation. (By
separate requests of Commissioners LoCastro, Kowal, and Hall)
Move Item 16F7 to 11G: Recommendation to award Construction Invitation to Bid (“ITB”) No. 23-8182, the
Caxambas Park and Boat Rehabilitation Project” to Kelly Brothers, Inc., in the amount of $2,735,926.67,
authorize the Chairman to sign the attached Agreement, and approve the necessary Budget Amendment. (Project
No. 50280). (By separate requests of Commissioners LoCastro and Kowal)
Notes:
Item 16B7 should be corrected to read as follows: Recommendation to authorize electronic submission by staff
the County Manager or designee of a Small County Outreach Program for Rural Areas of Opportunities application
with the Florida Department of Transportation to fund the construction of a paved shoulder to improve safety on a
segment of Immokalee Road (CR 846E) in the amount of $999,855.21.
Item 17A, Attachment A – Revised Ordinance, Exhibit F, under “VI. HOURS OF OPERATION” the following
language should be added:
B. Every 5 years from the date of adoption of the Ordinance, staff will provide a report to the Collier
County Board of County Commissioners on the hours of operation for loading and crushing of concrete, the
impacts to owners and whether any complaints have been made to the County. Upon a finding of public
purpose, the Board reserves the right to modify the hours of operation to 8 a.m. to 6 p.m. at such meeting
without an advertised hearing.”
TIME CERTAIN ITEMS:
Item 10A to be heard 9:30 AM: Recommendation to submit a Community Project Funding application to
Congressman Mario Diaz-Balart for $6 million to construct a Collier County Veterans Services Center and
Museum.
Item 11A to be heard at 10:30 AM: Recommendation to review a proposed amendment to Ordinance 2002-63,
which established the Conservation Collier Program, which will be advertised for a future Board meeting.
Item 11B to be heard at 1 PM: After-action report for the 2024 Florida legislative session.
Item 11C to be heard no sooner than 1:30 PM: Recommendation to accept a project update on the Collier
County Behavioral Health Center and proceed with the design for 87 total beds.
3/12/2024 3:53 PM
03/12/2024
EXECUTIVE SUMMARY
Recommendation to review a proposed amendment to Ordinance 2002-63, which established the
Conservation Collier Program, which will be advertised for a future Board meeting.
OBJECTIVE: To review a proposed amendment to Ordinance 2002-63, which established the Conservation
Collier Program, which will be advertised for a future Board meeting.
CONSIDERATION: On December 3, 2002, the Board approved Ordinance 2002-63, which established the
Conservation Collier Land Acquisition Program. The ordinance has been amended a number of times, most
recently on October 10, 2023. On September 26, 2023, the Board directed staff to bring forward proposed
Ordinance changes to expedite the acquisition process and to allow for alternative acquisitions of land, including
conservation easements.
On January 23. 2024, Item 11.A, staff provided the first reading of proposed amendments to Ordinance 2002-63.
Subsequent to that meeting staff obtained input from the Conservation Collier Land Acquisition Advisor y
Committee (CCLAAC) and made additional updates to the proposed Ordinance.
Major changes to the Ordinance include:
• Updates to the Conservation Collier Acquisition and Maintenance Trust Funds to allow the Board to
establish the annual millage rate and to set the percentages of revenues each Fund will receive each Fiscal
Year;
• Remove lands established as Stewardship Sending Areas within the Rural Lands Stewardship Area as lands
eligible for acquisition;
• Require any lands with legal management obligations to be conveyed with adequate management
endowment funds;
• Allow for properties to be acquired through Conservation Easement;
• Allow for properties within the Rural Fringe Mixed-Use District to negotiate a Transfer of Development
Rights (TDR) credits to “Receiving” lands (*).
• Update the initial screening criteria to include nine (9) criteria;
• Update the minimum number of criteria from two (2) to three (3) for a property to be considered by the
Conservation Collier Land Acquisition (CCLAAC) and BCC for acquisition;
• Allow properties that meet six (6) of the nine (9) criteria to forego a hearing by CCLAAC and instead be
forwarded to the BCC for consideration;
• Update requirements for interim management plans to be developed within six (6) months f rom the date of
acquisition; and
• Allow for the interim management plan to be implemented for three (3) years.
Recommended Operational and Reserve Policy Changes:
• Percentage Allocation: As part of the budget process staff will recommend the percentage of ad valorem
revenue to be distributed to the Conservation Collier Acquisition Trust Fund and Conservation Collier
Management Trust Fund.
• Maintenance Reserves: Targeted Maintenance Reserve level no less than $20 million at the conclusion of
the current 10-year Conservation Collier Cycle (FY 31).
• Initial Property Restoration: The estimated cost of initial exotics removal/restoration will be funded from
the acquisition fund.
(*) A Growth Management Plan (GMP) amendment will be required to allow for County participation in the
TDR program.
FISCAL IMPACT: The fiscal impact associated with this action will include advertising fees. Funds are available
within the Conservation Collier Maintenance Fund (1062).
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GROWTH MANAGEMENT IMPACT: Acquisition of conservation lands is consistent with and supports Policy
1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan.
CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE (CCLAAC)
RECOMMENDATION: Staff presented these changes to the CCLAAC Ordinance, Rules, and Policy
Subcommittee on December 18, 2023, and to the CCLAAC on January 3, 2024. The subcommittee and CCLAAC
supported the inclusion of the updates to the screening criteria. However, they were not supportive of the following
[reasoning is italicized]:
• Allowing the Board to establish the set percentages for the Acquisition and Maintenance Fund each Fiscal
Year [concerns with ability to rebuild the maintenance fund to support the maintenance of properties
beyond the sunset period of FY 31];
• Allow for properties to be acquired through Conservation Easement [concerns with public access,
responsibility, and funding of maintenance activities];
• Allow for properties within the Rural Fringe Mixed-Use District to negotiate a Transfer of Development
Rights (TDR) credits to “Receiving” lands [concerns with retaining development rights]; and
• Allow properties that meet six (6) of the nine (9) criteria to forego a hearing by CCLAAC and instead be
forwarded to the BCC for consideration [concerns with lack of transparency on acquisitions; Committee
feels that CCLAAC provides for greater public input and vetting of properties prior to BCC; concern that
additional policies were being added to expedite the process that inclusion of this was not necessary].
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires a majority vote for
approval. -SAA
RECOMMENDATION: To review a proposed amendment to Ordinance 2002-63, which established the
Conservation Collier Program, which will be advertised for a future Board meeting.
Prepared by: Jaime Cook, Director, Development Review Division, Growth Management Community
Development
ATTACHMENT(S)
1. Conservation Collier Ordinance Amendment - SAA 3.5.24 (PDF)
2. [Linked] Conservation Collier Ordinance Amendment - SAA 03.05.24 (line numbers) (DOCX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Doc ID: 28177
Item Summary: *** This item to be heard at 10:30 AM.*** Recommendation to review a proposed amendment
to Ordinance 2002-63, which established the Conservation Collier Program, which will be advertised for a future
Board meeting. (Jaime Cook, Director, Development Review Division, Growth Management Community
Development)
Meeting Date: 03/12/2024
Prepared by:
Title: Operations Analyst – Planning Commission
Name: Diane Lynch
02/27/2024 1:48 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
02/27/2024 1:48 PM
Approved By:
Review:
Operations & Regulatory Management Michael Stark GMCDD Reviewer Completed 02/28/2024 9:40 AM
Unknown Jaime Cook Division Director Completed 03/04/2024 12:50 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
03/04/2024 12:56 PM
Transportation Management Operations Support Evelyn Trimino GMCDD Reviewer Completed
03/04/2024 4:42 PM
Growth Management Community Development Department James C French Growth Management Completed
03/04/2024 6:26 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/06/2024 9:00 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/06/2024 9:26 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 03/06/2024 1:00 PM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 03/06/2024 3:33 PM
County Attorney's Office Geoffrey Willig Level 3 County Attorney's Office Review Skipped 03/06/2024 5:15 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 03/06/2024 5:22 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/12/2024 9:00 AM
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