Agenda 08/26/2025 Item #16A15 (Resolution - SSA12 Restoration II Credits for (Sunniland Family SSA12) in the RLSA)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
August 26, 2025
Notes:
• On Item 16.A.7, the Resolution title and fourth whereas clause should read “$850,000 per fiscal year.”
The Resolution has been corrected for signature.
• On Item 16.A.15, the text on Resolution Sections 3. and 4. should be corrected to read as follows:
“twenty-three thousand, three five hundred thirty-six and seven-tenths (23,536.7).”
TIME CERTAIN ITEMS:
Item 5C to be heard no sooner than 1:00 PM: Mission Critical Partners 800MHz radio system presentation.
Items 9B, 11A &11B to be heard at 10:00 AM: Permission to advertise amendments to Ordinance 2013-55
Standards of Care for Animal-Related Businesses and Organizations & Ordinance 2013-33 Animal Control
Ordinance.
8/25/2025 9:13 PM
8/26/2025
Item # 16.A.15
ID# 2025-2020
Executive Summary
Recommendation to approve a Resolution relating to Stewardship Sending Area 12 - Restoration II Credits ("Sunniland
Family SSA 12") in the Rural Lands Stewardship Area Zoning Overlay District (RLSA) to extend the conditional period
of the SSA to allow for recording of the Permanent Easement Agreement and to award Restoration II Credits to the
Sunniland Family Limited Partnership, in accordance with the approved restoration plan.
OBJECTIVE: To approve a resolution to the twelfth Stewardship Sending Area (SSA) (Sunniland Family SSA 12) in
the Rural Lands Stewardship Area Zoning Overlay District (RLSA) to extend the conditional period of the SSA to allow
for recording of the Permanent Easement Agreement and to award 8,731.6 Restoration II credits to Sunniland Family
Limited Partnership, in accordance with the approved restoration plan.
CONSIDERATIONS: The Stewardship Credit Program is the foundation of the RLSA. Collier County adopted the
RLSA Overlay as the implementing regulation for the Growth Management Plan amendments, commonly referred to as
the "Rural/Eastern Lands Amendments." The amendments were developed in response to the Administration
Commission Final Order No. AC 99-002, which required a "Rural and Agricultural Assessment."
On February 9, 2010, the Board of County Commissioners (BCC) approved the twelfth Stewardship Sending Area
(SSA), known as "Sunniland Family SSA 12," and awarded 14,805.1 Stewardship Credits immediately and an additional
8,731.6 Stewardship Credits to be available for the Owner to use, sell, transfer, all or in part, upon successful completion
of the restoration improvements as set forth in the Restoration Plan within Resolution 2010-29. This SSA consists of
4,793.5 acres within the Okaloacoochee Slough, a significant wetland flowway system, north of the Big Cypress
National Preserve, a federally protected area that is home to a wide variety of endangered species.
On September 23, 2014, by Resolution No. 2014-185, and January 23, 2018, by Resolution No. 2018-11, the Board
extended dates in the Credit Agreement and Escrow Agreement. The proposed Resolution will further extend those
dates to September 30, 2025, to allow for the recording of the Permanent Easement Agreement.
In May 2025, staff conducted a site visit to SSA 12 and reviewed the completed restoration activities in Restoration
Areas 1 and 2, as identified in the Restoration Plan approved in Resolution 2010-29. This restoration consisted of
hydrologic improvements, specifically removing berms and restoring them to the natural grade of the adjacent lands, and
filling canals and ditches to their existing grade to restore a more natural sheet flow. Additionally, exotic vegetation has
been removed from the restoration areas. Staff observed that the berms have been removed, ditches have been filled,
areas have been regraded to match existing elevations, and the exotic vegetation has been removed and maintained free
of exotics.
This item is consistent with the Collier County strategic plan objectives to preserve and enhance the character of our
community and to protect our natural resources.
FISCAL IMPACT: There are no fiscal impacts to the County associated with this application. The applicant is
responsible for the cost of the state and federal permits, as well as the restoration activities.
GROWTH MANAGEMENT IMPACT: The Rural Lands Stewardship Area Overlay in the Future Land Use Element
(FLUE) established the process and requirements for establishing SSAs, specifies which lands qualify for SSA
designation, and outlines the process for obtaining Restoration credits. The Rural Lands Stewardship Area Overlay is
implemented through the Rural Lands Stewardship Area Zoning Overlay District. The zoning overlay contains the same
requirements and limitations as the FLUE Overlay. The restoration activities completed are consistent with the
restoration plan submitted and approved with the original SSA designation. Therefore, staff’s analysis indicates this
resolution for restoration credits is compliant with the RLSA Zoning Overlay and is also consistent with the FLUE.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority vote for Board
approval (HFAC).
Page 1219 of 4682
8/26/2025
Item # 16.A.15
ID# 2025-2020
RECOMMENDATIONS: To approve a Resolution extending the conditional period of the SSA to allow for recording
of the Permanent Easement Agreement and awarding Stewardship Sending Area 12 (Sunniland Family SSA 12) in the
Rural Lands Stewardship Area Zoning Overlay District (RLSA) 8,731.6 restoration (R-II) credits for completing
restoration activities within SSA 12, bringing the total Stewardship Credits available to be sold, transferred or otherwise
used by Owner to twenty-three thousand, three hundred thirty-six and seven-tenths (23,536.7).
PREPARED BY: Jaime Cook, Director, Development Review Division
ATTACHMENTS:
1. Resolution - 07-14-25 stamped
2. Resolution 2010-29
3. Stewardship Sending Area 12_Restoration Plan_Approved
4. SSA 12 Restoration Area Aerial
Page 1220 of 4682
[25-LDS-00370/1957599/1]23
7-14-25 1 of 3
RESOLUTION NO. 2025 - ________
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS RELATING TO THE
STEWARDSHIP SENDING AREA WITH A DESIGNATION
AS “SUNNILAND FAMILY SSA 12” IN THE RURAL LANDS
STEWARDSHIP AREA OVERLAY; APPROVING THE
EXTENSION OF THE CONDITIONAL PERIOD FOR
SUNNILAND FAMILY SSA 12 TO ALLOW FOR THE
RECORDING OF THE PERMANENT EASEMENT
AGREEMENT, AND APPROVING THE USE, TRANSFER,
OR SALE OF STEWARDSHIP CREDITS BY OWNERS FOR
THE COMPLETION OF RESTORATION IMPROVEMENTS
IN RESTORATION AREAS 1 AND 2 IN ACCORDANCE
WITH THE RESTORATION PLAN FOR THE SUNNILAND
FAMILY SSA 12, WHICH CREDITS WERE APPROVED BY
RESOLUTION 2010-29.
WHEREAS, on February 9, 2010, by Resolution No. 2010-29, the Board of County
Commissioners (“Board”) created a Stewardship Sending Area with a designation of “Sunniland
Family SSA 12” and entered into a Credit Agreement, Easement Agreement, and Escrow
Agreement with Sunniland Family Limited Partnership; and
WHERAS, Resolution No. 2010-29 granted fourteen thousand eight hundred and five and
one tenth (14,805.1) Stewardship Credits available to be sold, transferred or otherwise used by
Owner and an additional eight thousand seven hundred and thirty-one and six-tenths (8,731.6)
Stewardship Credits to be used upon completion of restoration; and
WHEREAS, on September 23, 2014, by Resolution No. 2014-185, the Board approved an
amendment to the Credit Agreement and Escrow Agreement to extend certain dates to February 9,
2018; and
WHEREAS, on January 23, 2018, by Resolution No. 2018-11, the Board approved an
amendment to the Credit Agreement and Escrow Agreement to extend certain dates to February 9,
2023; and
WHEREAS, the owner, Sunniland Family Limited Partnership (the “Owner”), has
requested that the County extend the conditional period of Sunniland Family SSA 12 to allow for
the recording of the Easement Agreement in the Official Land Records of Collier County, with the
owner retaining the ability to use the SSA credits for Stewardship Receiving Area (“SRA”)
designation at 8 units an acre; and
Page 1221 of 4682
[25-LDS-00370/1957599/1]23
7-14-25 2 of 3
WHEREAS, the Owner has completed the restoration improvements for Areas 1 and 2, as
set forth in the Restoration Plan within Resolution 2010-29; and
WHEREAS, County staff has verified the restoration improvements for Areas 1 and 2 for
8,731.6 Stewardship Credits were completed in 2025 during a staff visit in May 2025; and
WHEREAS, County staff is requesting that the Board of County Commissioners approve
the use of eight thousand, seven hundred thirty-one and six tenths (8,731.6) Stewardship Credits
for completed restoration improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board approves the extension of the Sunniland Family SSA 12 to September 30, 2025
to allow Owner and Escrow Agent to record the Easement Agreement in the Official Land
Records of Collier County, with the owner retaining the ability to use the Stewardship
Credits for SRA designation at 8 units an acre.
2. The Board approves the completion of restoration improvements for Areas 1 and 2, as set
forth in the Restoration Plan within Resolution 2010-29.
3. The Board ratifies the grant of the fourteen thousand eight hundred and five and one tenth
(14,805.1) Stewardship Credits in Resolution No. 2010-29 and approves the grant of an
additional eight thousand seven hundred and thirty-one and six-tenths (8,731.6)
Stewardship Credits for completion of restoration, bringing the total Stewardship Credits
available to be sold, transferred or otherwise used by Owner to twenty-three thousand,
three hundred thirty-six and seven-tenths (23,536.7).
4. This Board approval is conditioned on Owner’s representation that all affirmative
obligations and negative covenants in the Easement Agreement and Credit Agreement
remain in full force and effect, including the amount of Stewardship Credit granted at
twenty-three thousand, three hundred thirty-six and seven-tenths (23,536.7)
Page 1222 of 4682
[25-LDS-00370/1957599/1]23
7-14-25 3 of 3
This Resolution is adopted after motion, second and majority vote, this _____ day of
_______________, 2025.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: _____________________________ By: ________________________________
Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
_____________________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
Page 1223 of 4682
RESOLUTION 2010- 29
A Resolution of the Collier County Board
of County Commissioners designating
4,793.5 Acres in the Rural Lands
Stewardship Area Zoning Overlay District
as a Stewardship Sending Area with a
designation as "Sunniland Family SSA 12"
pursuant to the terms set forth in the
Escrow Agreement, Stewardship Sending
Area Credit Agreement for Sunniland
Family SSA 12, and Stewardship Easement
Agreement for Sunniland Family SSA 12;
approving a Stewardship Sending Area
Credit Agreement for Sunniland Family
SSA 12; approving a Stewardship
Easement Agreement for Sunniland
Family SSA 12; approving an Escrow
Agreement for Sunniland Family SSA 12;
and establishing the number of
stewardship credits generated by the
designation of said Stewardship Sending
Area
WHEREAS, Sunniland Family Limited Partnership, a Florida Limited
Partnership, owns approximately four thousand seven hundred ninety-three and
five tenths (4,793.5) acres located within the boundaries of the Rural Lands
Stewardship Area Zoning Overlay District ("RLSA District") located in Collier
County, Florida; and
WHEREAS, Owner has voluntarily requested that said land be designated
as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to
Section 4.08.06 of the Collier County Land Development Code ("LDC") and the
terms of the Escrow Agreement for Sunniland Family SSA 12 Stewardship
Sending Area Credit and Stewardship Easement Agreement; and
WHEREAS, Owner has submitted a SSA Designation Application
Application") for the Sunniland Family SSA 12 land; and
Page 1224 of 4682
WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LDC,
and determined that the Application is legally sufficient; and
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement, Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12, and Stewardship Easement Agreement
for Sunniland Family SSA 12 are in compliance with, and meet the requirements
of the LDC, and provide a substantial benefit to the general public.
NOW, THEREFORE, be it resolved by the Board that:
1.Sunniland Family SSA 12, as described in attached Exhibit 1,
consisting of approximately four thousand seven hundred ninety-
three and five tenths (4,793.5) acres is hereby designated as a
Stewardship Sending Area ("SSA"), and will be officially designated
as "Sunniland Family SSA 12 " on the Official Zoning Atlas Map
pursuant to the terms of the Escrow Agreement for Sunniland
Family SSA 12, Stewardship Sending Area Credit Agreement for
Sunniland Family SSA 12 and the Stewardship Easement
Agreement for Sunniland Family SSA 12.
2.The Stewardship Credit Agreement for Sunniland Family SSA 12,
attached hereto as Exhibit 2, meets the requirements of Section
4.08.06 of the LDC and the Board hereby approves the
Stewardship Credit Agreement for Sunniland Family SSA 12.
3.The Stewardship Easement for Sunniland Family SSA 12, attached
hereto as Exhibit 3, meets the requirements of Section 4.08.06 of
the LDC and the Board hereby approves the Stewardship
Easement Agreement for Sunniland Family SSA 12.
4.The Escrow Agreement for Sunniland Family SSA 12, attached
hereto as Exhibit 4, is hereby approved by the Board which
provides for the delay of the recordation of the Stewardship
Sending Area Credit Agreement for Sunniland Family SSA 12 and
the Stewardship Easement Agreement until such time as the
proposed development project has received the necessary final
and non-appealable local, state and federal permits, other than plat,
site development plan and building permit, necessary to construct
the development project consistent with the provisions of Section
4.08.07 of the Collier County Land Development Code.
5.The Board hereby establishes, grants and assigns fourteen
thousand eight hundred and five and one tenth (14,805.1)
Stewardship Credits to the Owner, which may be sold, transferred,
2
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or otherwise utilized by the Owner in accordance with Section
4.08.04 of the LDC and the terms of the Escrow Agreement for
Sunniland Family SSA 12; Stewardship Sending Area Credit
Agreement for Sunniland Family SSA 12 and the Stewardship
Easement Agreement for Sunniland Family SSA 12.
6.The Board hereby establishes and authorizes an additional eight
thousand seven hundred and thirty one and six tenths (8,731.6)
Stewardship Credits to be transferred to the Owner under the terms
of the Credit Agreement attached hereto as Exhibit 2.
7.The Board further approves and authorizes the acceptance of the
Stewardship Easement Agreement for the Sunniland Family SSA
12 lands.
8.By its designation of the lands described in Exhibit 1 as a
Stewardship Sending Area, the County shall not hereafter grant or
approve any increase in the density or additional uses beyond
those uses specifically authorized in the Sunniland Family SSA 12
Credit Stewardship Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this Q:" day of r.b,,,,,,'i ,2010, after
a Motion, seconded, and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTESJ:b~IGHT E. BROCK
st ...~
f9Aiturt4wWlt__Approved as to form and
legal sufficiency:
1t.--7 wiL~ e:I3
Vy:Heidi Ashton-Cicko, Assistant County Attorney
Land Use Section, Chief
By:A.lL tAl. (r'~
FRED COYLE, Cha1 an
3
Page 1226 of 4682
RESOLUTION 2010-29
ALL EXHIBITS
AGREEMENTS
AND MAPS FOR THIS RESOLUTION
MAY BE VIEWED IN THE
BOARD OF COUNTY COMMISSIONERS
FEBRUARY 9, 2010 MEETING
BACKUP DOCUMENTS
AGENDA ITEM #17 A
Page 1227 of 4682
17A j , '~
EXHIBIT G
RESTORATION PROGRAM
1. The purpose of this Restoration Program is to identify the restoration
improvements, eligibility criteria, applicable success criteria, and land
management measures for Flowway Restoration Areas 1 and 2 of SSA 12. The
legal descriptions for these Restoration Areas can be found in Exhibit "E" of the
SSA 12 Stewardship Credit Agreement and Exhibit "0" of the SSA 12
Stewardship Easement Agreement.
a. Flowway Restoration Area 1 is approximately 403.5 acres in size and is
within the Okaloacoochee Slough FSA as delineated on the RLSA Overlay
Map. The restoration improvements will consist of hydrologic restoration
improvements that will reduce physical impediments to sheetflow and
functionally enhance the flowway's natural hydrologic regime.
b. The hydrologic restoration improvements will consist of breaching and/or
partially removing berms to the natural grade of adjacent lands within
Flowway Restoration Area 1 (Credit Agreement Exhibit E), sufficient to re-
establish a natural flow regime. Grantor will design the location, size, and
number of berm alterations necessary to restore the natural flow regime,
while minimizing impacts to native tree species on the existing berms and
spoil piles. Where necessary, canals will also be partially filled to the
existing natural grade, and/or redirected to restore a more natural
sheetflow. SFWMD Big Cypress Basin shall determine if the Design is
adequate to restore the natural flow regime. Once the Design is
determined to be adequate, Grantor shall cause the restoration
improvements to be made.
c. The ecological restoration improvements within Flowway Restoration Area
1 shall consist of controlling exotic and nuisance vegetation (as currently
defined by the Florida Exotic Plant Pest Council) to levels less than 5%
area coverage. The primary exotic and nuisance species will be controlled
through a combination of mechanical removal, directed herbicide
applications, and controlled burning.
d. The applicant will notify staff when success criteria have been achieved.
Within 90 days of said notification, staff will confirm that the berms have
been breached and/or leveled, consistent with the Design, and that
ecological restoration improvements have met the minimum criteria listed
above. Upon said confirmation by County Staff, success criteria shall be
deemed to have been met, and the additional stewardship credits from
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17 A
Flowway Restoration Area 1 shall be available for transfer or utilization by
Grantor
e.The land management measures for Flowway Restoration Area 1 shall be
to control exotics within the 403.5-acre restoration area.
f.Flowway Restoration Area 2 is approximately 1,779.4 acres in size and is
within the limits of the Okaloacoochee Slough FSA. The restoration
improvements will consist of: (1) hydrologic restoration improvements that
will increase the width of the flow way and functionally enhance the flow
way's natural hydrologic regime; (2) ecological restoration improvements
that will control exotic vegetation to improve ecological functions; and (3)
the supplemental planting of native species to restore habitats.
Supplemental plantings shall be reviewed by Collier County Environmental
Services staff. Restoring the field to a natural flow regime within the
Okaloacoochee Slough FSA will re-create historic sheetflow patterns
onsite and rehydrate areas south and southwest of the property.
g.The hydrologic restoration improvements will consist of breaching and/or
partially removing berms to the natural grade of adjacent lands within
Flowway Restoration Area 2 (Credit Agreement Exhibit E), sufficient to re-
establish a natural flow regime. Grantor will design the location, size, and
number of berm alterations necessary to restore the natural flow regime,
while minimizing impacts to native tree species on the existing berms and
spoil piles. Where necessary, canals will also be partially filled to the
existing natural grade, and/or redirected to restore a more natural
sheetflow. SFWMD Big Cypress Basin shall determine if the Design is
adequate to restore the natural flow regime. Once the Design is
determined to be adequate, Grantor shall cause the restoration
improvements to be made.
h.Ecological improvements within Flowway Restoration Area 2 shall consist
of controlling exotic and nuisance vegetation (as currently defined by the
Florida Exotic Plant Pest Council) to levels less than 5% area coverage.
The primary exotic and nuisance species will be controlled through a
combination of mechanical removal, directed herbicide applications, and
controlled burning. Exotic and nuisance species within the deeper portions
of Flowway Restoration Area 2, primarily primrose willow (Ludwigia
peruviana) and cattail (Typha spp.), may be excluded from intensive
control efforts due to the flowway water depths, equipment access, the
intensity of mechanical and/or chemical treatments necessary for control,
and potential environmental impacts.
i.The applicant will notify staff when success criteria have been achieved.
Within 90 days of said notification, staff will confirm that the berms have
2.. of !;
Page 1229 of 4682
17 A
been breached and/or leveled, consistent with the Design, and that
ecological restoration improvements have met the minimum criteria listed
above. Upon said confirmation by County Staff, success criteria shall be
deemed to have been met, and the additional stewardship credits from
Restoration Area B shall be available for transfer or utilization by Grantor.
j.The land management measures for Flowway Restoration Area 2 shall be
to control exotics within the 1 ,779.4-acre restoration area.
k.The estimated annual costs of the land management measures for
Flowway Restoration Areas 1 and 2 are $8,000. Owner shall procure, at
its election, either a bond or letter of credit ("Surety") on an annual basis in
favor of the Grantees in an amount equal to 120% of the annual costs of
the land management measures. This obligation shall start 30 days after
Grantor has received notice from the County that any Stewardship Credits
from restoration improvements for SSA 12 restoration areas are available
and have been authorized, and the obligation shall end 10 years after the
start date, or at such date as a governmental entity or established
conservation organization undertakes the land management measures.
I.In the event Grantor fails to maintain any of the Restoration Areas
according to the land management measures set forth herein, County
shall have the right to draw upon the Surety after 60 days written notice to
Grantor with a right to cure and a failure of Owner to undertake cure within
said 60 days. The County shall only be permitted to use the drawn Surety
funds for the maintenance of the Restoration Areas in accordance with the
land management measures set forth herein.
m.In the event the Grantor fails to annually provide the Surety and fails to
maintain the Restoration Areas pursuant to the land management
measures set forth herein, the Grantees, or either of them, may conduct
such land management measures and lien the Restoration Areas for the
cost of maintaining the Restoration Areas pursuant to the land
management measures set forth herein. The County may pursue its rights
against the Grantor under the Stewardship Easement for breach thereof or
foreclose its lien on the Restoration Areas.
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