Agenda 06/27/2017 Item #16D 406/27/2017
EXECUTIVE SUMMARY
Recommendation to approve a standard Donation Agreement that allows Neal Communities on the
Braden River, LLC to donate a 1.59-acre parcel along with a management endowment of $6,193.05,
to the Conservation Collier Land Acquisition Program under the offsite vegetation retention
provision of the Land Development Code (LDC) Sec 3.05.07H.1.f.iii. (b) at no cost to the County,
and authorize the Chairman to sign the Donation Agreement and staff to take all necessary actions
to close.
OBJECTIVE: To accept land and a management endowment to Conservation Collier as outlined in the
offsite vegetation retention provision of the LDC.
CONSIDERATIONS: A 2010 LDC amendment, Section 3.05.07 H.1.f.i. (a) and (b), provides the option
to developers to accomplish their required native vegetation retention offsite by donating lands and
management endowment funds to the Conservation Collier Program.
Neal Communities on the Braden River, LLC is presently under contract to purchase a 1.59 acre parcel
and has advised staff that if approved by the Board of County Commissioners (Board) for acceptance, it
plans to convey this parcel located within the Winchester Head Preserve in Golden Gate Estates, along
with a management endowment, to the Conservation Collier Program as offsite preservation for 1.22
acres on the Richmond Park development (PL20150001531) under the above referenced LDC provision.
Neal Communities on the Braden River, LLC has further informed staff that it expects to close by the
deadline set forth in Paragraph 3 of the Agreement, 150 days from Board approval. The referenced
Donation Agreement also provides that failing to timely close will result in the Agreement becoming null
and void, and of no further force and effect.
This parcel will be cleared of exotic vegetation prior to donation. The management endowment of
$6,193.05 satisfies the LDC (Section 3.05.07 H.1.f.iii. (b)) requirement that “The amount of payment
shall be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent of the
average cost of land in all of the Designations, as applicable, as defined by the Future Land Use Element
(FLUE), purchased by Collier County through the Conservation Collier Program.” The average cost of
land in all other Designations is $15,578 per acre. Twenty-five percent of this amount is $3,895;
therefore, the endowment is calculated at $3,895 X 1.59 acres for a total endowment amount of
$6,193.05. Acceptance of this parcel by Conservation Collier will serve to further the protection of
environmentally sensitive lands within Winchester Head Preserve.
The Conservation Collier Land Acquisition Advisory Committee (CCLAAC) previously recommended
acquisition of parcels within Winchester Head Preserve, as all parcels in this project are on the 2011 A-
List, which was approved at the January 25, 2011, Agenda Item No, 10B. Additionally, LDC Section
3.05.07, H.1.f. iii. (b) specifically allows donations within Golden Gate Estates Unit 65, also known as
the Winchester Head Preserve.
Upon Board approval, the attached standard form Donation Agreement and a Warranty Deed will be
prepared for the County Attorney’s Office review and approval for execution by the Chair.
FISCAL IMPACT: There is no cost to the County associated with acceptance of this property. The
Collier County Property Appraiser values this parcel at $6,885 per acre or a total of $10,947. The
$6,193.05 management endowment is expected to cover maintenance costs for seven years. Because of its
environmental condition, its location within the Winchester Head Preserve boundary, and the proposed
management endowment, this 1.59-acre donation is not anticipated to increase the Winchester Head
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06/27/2017
Preserve project perpetual operations and maintenance costs in the near future. After endowment funds
are depleted, and at least 70% of the project area has been acquired, costs to manage the property are
expected to be minimal. Potential future costs will be incorporated into the Conservation Collier Long-
Term Financial Management Plan.
GROWTH MANAGEMENT IMPACT: Fee simple 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.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority
vote for approval. - JAB
RECOMMENDATION: Staff is recommending that the Board:
1) Approves and accepts a standard form Donation Agreement and Warranty Deed from Neal
Communities on the Braden River, LLC, a Florida limited liability company.
2) Authorizes the Chairman to execute the Donation Agreement with Neal Communities on the Braden
River, LLC and any and all other County Attorney’s Office approved documents related to this
transaction once they have been approved by the County Attorney’s Office.
3) Authorizes staff to accept the land management endowment, including $6,193.05 that is required by the
LDC.
4) Directs the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate
closing procedures, to record the deed and any and all necessary documents to obtain clear title to this
parcel, and to take all reasonable steps necessary to ensure performance under the Agreement.
Prepared By: Cindy Erb, Sr. Property Acquisition Specialist, Facilities Management Division
Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Division
ATTACHMENT(S)
1. DonationAgreement_signed (PDF)
2. Project Design Report (PDF)
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06/27/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4
Doc ID: 3241
Item Summary: Recommendation to approve a standard Donation Agreement that allows Neal
Communities on the Braden River, LLC to donate a 1.59-acre parcel along with a management
endowment of $6,193.05, to the Conservation Collier Land Acquisition Program under the offsite
vegetation retention provision of the Land Development Code (LDC) Sec 3.05.07H.1.f.iii. (b) at no cost
to the County, and authorize the Chairman to sign the Donation Agreement and staff to take all neces sary
actions to close.
Meeting Date: 06/27/2017
Prepared by:
Title: Operatins Analyst – Parks & Recreation
Name: Matthew Catoe
05/19/2017 2:42 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
05/19/2017 2:42 PM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 05/24/2017 10:15 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 05/24/2017 4:32 PM
Public Services Department Joshua Hammond Additional Reviewer Completed 05/31/2017 7:41 AM
Facilities Management Toni Mott Additional Reviewer Completed 05/31/2017 7:52 AM
Public Services Department Sean Callahan Additional Reviewer Completed 06/07/2017 4:01 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 06/12/2017 11:54 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/12/2017 1:52 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/13/2017 7:49 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/13/2017 8:56 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/13/2017 9:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2017 10:29 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/16/2017 9:33 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM
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Packet Pg. 925 Attachment: DonationAgreement_signed (3241 : Recommendation to approve Donation Agreement with Neal Communities)
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Packet Pg. 926 Attachment: DonationAgreement_signed (3241 : Recommendation to approve Donation Agreement with Neal Communities)
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Packet Pg. 927 Attachment: DonationAgreement_signed (3241 : Recommendation to approve Donation Agreement with Neal Communities)
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Packet Pg. 928 Attachment: DonationAgreement_signed (3241 : Recommendation to approve Donation Agreement with Neal Communities)
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Packet Pg. 929 Attachment: DonationAgreement_signed (3241 : Recommendation to approve Donation Agreement with Neal Communities)
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Conservation Collier Land Acquisition Program
Project Design Report
Date: June 27, 2017
Richmond Park Offsite Preservation Donation
Property Owner: Currently Julio and Debora A. Ramirez. Proposed to be acquired
from Julio and Debora A. Ramirez and donated to Collier County (Conservation Collier)
by Neal Communities on the Braden River, LLC for Richmond Park (PL20150001531)
Folio: 39953520006
Location: GOLDEN GATE EST UNIT 65 E 105FT OF TR 32
Size: 1.59 acres
Collier County Appraiser Value: $10,947
History of Project:
*It was determined that properties within NGGE Unit 53/Red Maple Swamp and Winchester Head,
which are both approved donation areas in the LDC, do not need to be brought back to CCLAAC
for additional recommendation. The date noted is when CCLAAC last recommended t he multi-
parcel project for approval.
Selected for the “A” category,
#1 priority, on the Active
Acquisition List (AAL) by
CCLAAC
AAL most recently
approved by BCC
Donation
Application
Received
CCLAAC review
12/15/04 1/25/11 6-19-15 12/13/10*
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Packet Pg. 930 Attachment: Project Design Report (3241 : Recommendation to approve Donation Agreement with Neal Communities)
2
Purpose of Project: Environmental Conservation – Conservation Collier Program
Program Qualifications:
The Winchester Head multi-parcel project, which includes the proposed Neal Communities
on the Braden River, LLC’s 1.59-acre donation parcel, is referenced within the Land
Development Code (LDC) Section 3.05.07, H.1.f. iii. a. as an appropriate offsite location
for land donations to satisfy developer preservation commitments. Winchester Head is an
undeveloped depressional cypress head and marsh wetland located in NGGE in Units 62
and 65. Using aerial photographs, elevation data, soil maps and public input, a total of 115
parcels (158.67 acres) were identified as being important for acquisition. Selected parcels
include wetlands and small areas of upland buffers on parcels which are more than half
wetland. This parcel is at the northwestern edge of the project area and would function
partly as an upland buffer. The entire site is within North Golden Gate Estates, identified
within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target
Protection Area.
One important reason for the selection of Winchester Head as a conservation target is that
this area functions to provide floodplain storage for surrounding home sites during high
rainy season. These types of depressional storage areas were included in the water
management models for the Golden Gate canal system done by the Big Cypress Basin,
South Florida Water Management District and are a component of flood control for the
area. Winchester Head has also been targeted for future watershed improvement projects
(North Golden Gate Flowway Restoration Project, TDR Program, and Mitigation Program)
in the County’s Watershed Management Plan. At this time, Conservation Collier owns
79.52 acres out of a total of 158.67 acres, or 50% of the project area.
Additional program criteria that would be satisfied by this donation include protection of
surface and ground water resources, protection of wetland dependent species habitat, and
good potential for restoration. This parcel contains an intact native vegetation community:
Mixed Wetland Forest. A paved public road (39th Ave NE) provides access to the parcel
and allows the property to be readily viewed. Native wetland hardwoods, cypress and
seasonally changing marsh on this parcel enhance the aesthetic setting of Collier County.
Projected Management Activities:
Active management of the entire project area is not feasible until a significant contiguous
area can be acquired. While Winchester Head as a whole is relatively free of exotic plants,
this parcel contains approximately 10% exotic cover. It will be treated for exotics prior to
donation to Conservation Collier. Ongoing control will be done annually or as needed. The
proposed management endowment of $6,193.05 is expected to cover exotic maintenance
for approximately 7 years. After that time, exotic maintenance should be minimal and will
be included in the management budget for the overall Winchester Head project. While
most of the project area for Winchester Head is wetlands, and trails are not feasible, this
parcel is along the buffer edge of the project and could contain a seasonal trail. A raised
boardwalk would be the best public access opportunity, however, this will not be
considered until sometime well into the future of the project when more parcels are
acquired. Nature photography and bird watching from roadways are two activities that can
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Packet Pg. 931 Attachment: Project Design Report (3241 : Recommendation to approve Donation Agreement with Neal Communities)
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occur at present. After consideration of risks and liability, it may be possible to allow
school children to visit specific parcels as part of an educational program about wetlands.
Currently, the two roads (37th and 39th Streets NE) provide paved access to the project area
but the only parking is the road right-of-way. At present, a visitor parking area is not
available but could be constructed in the future. An educational kiosk can be placed along
one of the roads through the project containing information on wetlands and on the
preservation of the area. Signs can be placed at boundaries along 37th and 39th St. NE.
Minimal management activities, like trash removal can be accomplished using both
contracted and volunteer labor.
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Packet Pg. 932 Attachment: Project Design Report (3241 : Recommendation to approve Donation Agreement with Neal Communities)