Agenda 05/14/2024 Item #16A15 (Resolution - Acknowledging the termination of Resolution 2008-330, as amended)05/14/2024
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution acknowledging the termination of Resolution 2008 -330, as amended,
relating to the Stewardship Sending Area with a designation as “CDC SSA 16” based upon the termination
date of November 18, 2021, in the Stewardship Sending Area credit agreement for CDC SSA 16 and the
Escrow Agreement for CDC SSA 16.
OBJECTIVE: To have the Board of County Commissioners (Board) adopt a Resolution to acknowledge the
termination of Resolution 2008-330, which established Stewardship Sending Area (SSA) 16 conditionally for a
five-year period, Resolution 2013-201 which extended for an additional one-year period, Resolution 2014-186
which extended for an additional three-year period, Resolution 2017-186 which extended for an additional three-
year period and Resolution 2020-189, which extended the conditional period to November 18, 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 the visionary methodology utilized 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 November 18, 2008, the Board, during an advertised public hearing, adopted Resolution 2008-330, which
designated 2,876 acres in the Rural Lands Stewardship Area (RLSA) Overlay as "CDC SSA 16.” Additionally, the
Resolution approved a Credit Agreement for CDC SSA 16, an easement agreement for CDC SSA 16, and an escrow
agreement. It established the number of Stewardship Credits generated by the designation of said Stewardship
Sending Area. Through Resolution 2020-189, the Board extended the conditional period to November 18, 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 November 18, 2021, or the SSA Credit
Agreement and Stewardship Easement Agreement were to be null and void. The date has passed, and the escrow
agent, Richard Yovanovich, has provided a Notice of Termination for CDC SSA 16.
The attached Resolution acknowledges the termination of the credit and escrow agreement and the notice of interim
land use limitations associated with CDC SSA 16.
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: The Rural Lands Stewardship Area Overlay in the Future Land Use
Element (FLUE) establishes the process and requirements for the 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 Stewardship Area Zoning Overlay.
CDC SSA 16 was designed to utilize the stewardship credits from this SSA to partially enable the development of a
future SRA. Accordingly, the applicant for CDC SSA 16 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
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05/14/2024
Agreement and the SRA Credit Agreement provisions of the LDC were satisfied. The Escrow Agreement contained
an expiration date of November 18, 2021 that has passed, and the escrow agent has provided a Notice of
Termination for CDC SSA 16, which the attached Resolution shall satisfy. Additionally, the credits associated with
CDC SSA 16 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: To adopt a resolution acknowledging the termination of the Escrow and Credit
Agreements and the Notice of Interim Land Use Limitations for CDC SSA 16.
Prepared by: Mike Bosi, AICP, Zoning Director
ATTACHMENT(S)
1. Resolution-Terminate SSA 16 032824 (PDF)
2. SSA16 Notice of Term (PDF)
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05/14/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Doc ID: 28446
Item Summary: Recommendation to adopt a Resolution acknowledging the termination of Resolution 2008-330,
as amended, relating to the Stewardship Sending Area with a designation as “CDC SSA 16” based upon the
termination date of November 18, 2021, in the Stewardship Sending Area credit agreement for CDC SSA 16 and
the Escrow Agreement for CDC SSA 16.
Meeting Date: 05/14/2024
Prepared by:
Title: Zoning Director – Zoning
Name: Mike Bosi
03/28/2024 2:00 PM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
03/28/2024 2:00 PM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 03/28/2024 2:00 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
04/08/2024 1:58 PM
Operations & Regulatory Management Michael Stark GMCDD Reviewer Completed 04/09/2024 8:14 AM
Transportation Management Operations Support Evelyn Trimino GMCDD Reviewer Completed
04/23/2024 8:46 AM
Unknown Jaime Cook GMCDD Reviewer Completed 04/23/2024 10:15 AM
Growth Management Community Development Department James C French Growth Management Completed
04/23/2024 1:46 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 05/01/2024 11:39 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/01/2024 1:00 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/01/2024 3:31 PM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 05/02/2024 5:25 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/08/2024 12:45 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM
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SSA 16 Termination
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RESOLUTION NO. 2024-____
A RESOLUTION OF THE COLLIER COUNTY BOARD
OF COUNTY COMMISSIONERS ACKNOWLEDGING
THE TERMINATION OF THE STEWARDSHIP SENDING
AREA WITH A DESIGNATION AS “CDC SSA 16”
CREATED BY RESOLUTION NUMBER 2008-330, AS
AMENDED
WHEREAS, on November 18, 2008, by Resolution No. 2008-330, the Board of County
Commissioners created a Stewardship Sending Area with a designation of “CDC SSA 16” and
entered into a Stewardship Sending Area Credit Agreement, a Stewardship Easement Agreement
and an Escrow Agreement with CDC Land Investments, Inc.; and
WHEREAS, on September 10, 2013, the Board of County Commissioners adopted
Resolution No. 2013-201 to approve the extension of certain time frames to November 18, 2014
in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for “CDC SSA
16”; and
WHEREAS, on September 23, 2014, the Board of County Commissioners adopted
Resolution No. 2014-188 to approve the extension of certain time frames to November 18, 2017
in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for “CDC SSA
16”; and
WHEREAS, on October 10, 2017, the Board of County Commissioners adopted
Resolution No. 2017-186 to approve the extension of certain time frames to November 18, 2020
in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for “CDC SSA
16”; and
WHEREAS, on October 27, 2020, the Board of County Commissioners adopted
Resolution No. 2020-189 to approve the extension of certain time frames to November 18, 2021
in the Stewardship Sending Area Credit Agreement and the Escrow Agreement for “CDC SSA
16”; and
WHEREAS, pursuant to the terms of the Stewardship Sending Credit Agreement and
Stewardship Sending Escrow Agreement, “CDC SSA 16” terminated on November 18, 2021
because “the CDC SSA 16 Stewardship Credits had not by that date been exchanged for
entitlement of an SRA, and the SRA has received all necessary final and non-appealable local,
state and federal permits other than a plat, site development plan or building permit, necessary to
commence construction of the SRA;” and
WHEREAS, On January 22, 2024, CDC Investments executed a Notice of Termination
of CDC SSA 16 recorded in OR Book 6329 Page 2288 of the Public Records of Collier County,
Florida; and
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Packet Pg. 631 Attachment: Resolution-Terminate SSA 16 032824 (28446 : SSA16 Termination)
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SSA 16 Termination
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WHEREAS, the Board desires to acknowledge the termination of CDC SSA 16.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board acknowledges the termination of “CDC SSA 16” and hereby
acknowledges the release and termination of the Stewardship Sending Credit
Agreement, the Stewardship Sending Easement Agreement and the Stewardship
Sending Escrow Agreement for “CDC SSA 16”.
2. The Board acknowledges the termination of the Notice of Interim Land Use
Limitations recorded in OR Book 4457 Page 1921 of the Public Records of Collier
County, Florida, and all amendments thereto.
3. The Collier County Zoning maps will be updated to reflect the termination of “CDC
SSA 16”.
4. This Resolution will be recorded in the Official Land Records of Collier County.
This Resolution adopted after motion, second and majority vote, this ___ day of
__________________, 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: ______________________ By: ________________________________
Deputy Clerk Chris Hall, Chairman
Approved as to form and legality:
______________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
16.A.15.a
Packet Pg. 632 Attachment: Resolution-Terminate SSA 16 032824 (28446 : SSA16 Termination)
2216.A.15.bPacket Pg. 633Attachment: SSA16 Notice of Term (28446 : SSA16 Termination)
16.A.15.bPacket Pg. 634Attachment: SSA16 Notice of Term (28446 : SSA16 Termination)