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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 Page 1225 of 4682 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 I b/3 Page 1228 of 4682 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. 3 0/3 Page 1230 of 4682 Page 1231 of 4682