Agenda 01/23/2018 Item #11D01/23/2018
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise, and bring back for a public hearing, an Ordinance
amending the Land Development Code amendment relating to off-site native vegetation
preservation, at the March 13, 2018, Board meeting.
OBJECTIVE: To obtain Board of County Commissioners (Board) direction to advertise and hold a
public hearing for a proposed Land Development Code (LDC) amendment, relating to off -site native
vegetation preservation, serving the best interest of the public.
CONSIDERATIONS: Currently, LDC section 3.05.07 allows applicants to comply with preservation
requirements by providing either on-site preservation, or off-site preservation through a cash payment or
land donation. Off-site preservation is currently limited to preserves less than one acre in size for
residential properties, less than two acres in size for commercial properties, or as otherwise limited in
LDC section 3.05.07 H.1.f.i.a-k. On July 7, 2015, the Board directed staff to review options to modify the
off-site preservation alternatives with the Conservation Collier Land Acquisition Advisory Committee
(CCLAAC) and Development Services Advisory Committee (DSAC). At that time, the Board directed
staff and the advisory committees to consider two options:
1) Increase the monetary payment so that land management endowments last beyond seven years; or
2) Consider removing the land donation alternative
The proposed amendment, as recommended for adoption by the Collier County Planning Commission
(CCPC), is the result of more than two years of coordination and review with the CCLAAC, DSAC,
CCPC, and various stakeholders. The CCPC’s recommended amendment differs in several areas from the
CCLAAC and DSAC recommendations. These differences are highlighted in the “CCLAAC and DSAC
Recommendations - modified by the CCPC” section. The proposed amendment modifies the off-site
preserve alternative as directed by the Board, and limits the applicability of off-site preservation in
general. The CCPC’s recommended amendment is summarized below:
1) Off-site preservation is only allowed when the preserve requirement is 21,780 square feet (one-
half acre) or less.
2) Off-site preservation may be approved through:
a. An administrative deviation for essential service projects, aff ordable housing projects,
fragmented on-site vegetation, or on-site vegetation that is disconnected from the
preserve areas on surrounding properties; or
b. A public hearing (a PUD deviation or variance).
3) The land donation alternative has been removed, making a monetary payment the only method
for satisfying the off-site preserves donation requirement.
a. The monetary payment is based on the Annual Update and Inventory Report (AUIR)
Community and Regional Park Land Summary per acre unit cost, as amended. This
change will require an amendment to the Growth Management Department Development
Services Fee Schedule.
CCLAAC AND DSAC RECOMMENDATIONS - MODIFIED BY THE CCPC: Over the course of
two years, the CCLAAC and DSAC developed methodologies to establish revised fees for off-site
preservation that would provide for more appropriate land management endowments, and changes to
several other sections. Many of these recommendations are not incorporated into the CCPC’s
recommended amendment.
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While the CCPC recommendation includes the CCLAAC and DSAC recommended language in the
purpose and intent section, several other sections were modified during the CCPC hearings. Those
provisions that were modified in the CCPC’s recommendation are described below:
Both the CCLAAC and DSAC recommended allowing for administrative approval of off -site
preservation for preserve requirements of up to one acre, and up to two acres through the PUD
deviation process.
o The CCPC recommendation limits the off-site preserve alternative to preserve
requirements of 21,780 square feet (one-half acre) or less.
Both the CCLAAC and DSAC recommended clarifications to the prohibitions section.
o While some of these clarifications are included in the amendment, the CCPC’s
recommendation includes additional modifications and additions.
Both the CCLAAC and DSAC recommended changes to the off-site preservation alternatives as
directed by the Board. While these recommendations differed between committees, each
committee included endowments for estimated land management costs, and proposed fees for the
monetary payment and land donation alternatives. Each committee’s proposal for changes to the
fees associated with the alternatives are summarized in the following table:
Committee Monetary Payment Alternative Land Donation Alternative
CCLAAC 125% of the on-site preserve acreage
post development appraised value
Donated parcel(s) (4 acres for each 1
acre of required preserve) + $146,000
per acre
DSAC $50,000 per acre Donated parcel(s) + $17,200 per acre
o The CCPC recommended removing the land donation alternative, and establishing
monetary payment equal to the AUIR’s Community and Regional Park Land Summary
per acre unit cost.
If the Board elects to incorporate any of the CCLAAC or DSAC recommendations, modifications to the
amendment will be required.
This item is being placed on the agenda early in the process to allow the Board members, some new to the
topic, sufficient time to review the issue and consider the differences between the CCPC and advisory
committee recommendations. Staff will be available to meet with individual Board members to provide
additional background and history and answer questions ahead of the public hearing (which will be March
13, 2018 if approved by the Board today).
FISCAL IMPACT: There is no fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval - SAS
RECOMMENDATION: To direct staff to advertise, and bring back for a public hearing, an Ordinance
amending off-site native vegetation preservation standards in the LDC.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
ATTACHMENT(S)
1. 3.05.07 Preservation Requirements 11-1-17 Final (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.D
Doc ID: 4374
Item Summary: ***This item is continued from the December 12, 2017, BCC meeting.***
Recommendation to direct staff to advertise, and bring back for a public hearing, an Ordinance amending
the Land Development Code amendment relating to off-site native vegetation preservation, at the March
13, 2018, Board meeting. (Mike Bosi, Planning and Zoning Division Director)
Meeting Date: 01/23/2018
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
12/15/2017 9:21 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
12/15/2017 9:21 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/15/2017 9:35 AM
Parks & Recreation Alexandra Sulecki Additional Reviewer Completed 12/27/2017 8:33 AM
Zoning Michael Bosi Additional Reviewer Completed 12/27/2017 10:44 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/28/2017 9:04 AM
Growth Management Department James French Deputy Department Head Review Completed 12/29/2017 10:02 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 01/05/2018 8:11 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/05/2018 9:41 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/09/2018 10:34 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/09/2018 3:02 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/12/2018 8:52 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
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Land Development Code Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Growth Management Department Staff
AMENDMENT CYCLE: 2016 LDC Amendment Cycle (Carry-Over)
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: This amendment modifies the requirements for off-site native vegetation retention.
The amendment updates and revises the applicability section, provides for off-site preservation
through deviations or variances, modifies the calculation for monetary payments, and removes the
land donation alternative for off-site native vegetation retention.
REASON:
Amendment History
Currently, LDC section 3.05.07 H.1.f establishes the following options for compliance with the
County’s native vegetation retention requirements:
1) On-site preservation; or
2) Off-site preservation through one of the following methods:
a. Monetary payment with an exotics maintenance endowment, or
b. Land donation with an exotics maintenance endowment.
On July 7, 2015, Conservation Collier staff made several preliminary recommendations to the
Board of County Commissioners (Board) for guidance prior to establishing more detailed changes
to the program. The Board directed a review of these recommendations with the Conservation
Collier Land Acquisition Advisory Committee (CCLAAC) and Development Services Advisory
Committee (DSAC) to provide recommendations to:
• Increase the monetary payment so that land management endowments last beyond seven
years; and
• Consider removing the land donation alternative.
The following narrative describes some of the history of the County’s preserve requirements, the
changes included in this amendment, and the recommendations suggested by the advisory boards
and the Collier County Planning Commission (CCPC).
Background regarding on-site preserves
The purpose of the on-site preserve requirement is to retain, maintain, and protect existing native
vegetation on site as provided for in the Conservation and Coastal Management Element (CCME)
of the Growth Management Plan (GMP). Accordingly, the purpose of LDC section 3.05.00
Vegetation Removal, Protection, and Preservation states:
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The purpose of this section is the protection of vegetation within the County by
regulating its removal; to assist in the control of flooding, soil erosion, dust, heat,
air pollution, and noise; and to maintain property, aesthetic, and health values
within the County; to limit the use of irrigation water in open space areas by
promoting the preservation of existing plant communities; to limit the removal of
existing viable vegetation in advance of the approval of land development plans;
and to limit the removal of existing viable vegetation when no landscape plan has
been prepared for the site.
It is important to note that while this section allows for off-site preservation, preserves in the urban
area still provide benefits to the community. Beyond native habitat, preserves also provide green
space consisting of naturally existing vegetation in urban areas. The Nature Conservancy’s
“Planting Healthy Air” (2016) confirms that trees and other vegetation provide many benefits to
people including: “aesthetic beauty, enhancement of property values, erosion prevention,
stormwater management, and noise reduction.”1 The study also reiterates that trees sequester
carbon, which helps to alleviate the effects of climate change. Trees help to make the air healthier
as “Dozens of studies now show that tree leaves filter out particulate matter from the atmosphere,
along with many other air pollutants.”2
Preserves retained on site are an amenity for residents. The LDC allows for boardwalks, pathways,
benches, educational signs, and viewing platforms; staff encourages these uses so that residents
can enjoy preserve areas. In addition, the Nature Conservancy’s Tree Study indicates that urban
trees have been shown to have economic value, stating, “in general, the total economic value of a
tree is frequently more than 20 times the value specifically for air quality, with stormwater
mitigation and aesthetic value for property owners being especially important.”3
Background regarding off-site preserves
Off-site native vegetation retention was added to the LDC in 2010 to allow for the purchase or
donation of land off site in lieu of preserving native vegetation on site. The criteria for determining
when this alternative is allowed is based on the provisions identified in CCME, of the GMP, Policy
6.1.1 (10), which states:
The County shall adopt land development regulations that allow for a process
whereby a property owner may submit a petition requesting that all or a portion of
the native vegetation preservation retention requirement to be satisfied by a
monetary payment, land donation that contains native vegetative communities
equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being
impacted, or other appropriate method of compensation to an acceptable land
acquisition program, as required by the land development regulations. The
monetary payment shall be used to purchase and manage native vegetative
communities off-site. The land development regulations shall provide criteria to
1 McDonald, R., Kroeger, K., Boucher, T., Wang, L., Salem, R. (2016). Planting Healthy Air. Retrieved from
https://global.nature.org/content/healthyair?src=r.global.healthyair. Pg. 2
2 Ibid, Pg. 2.
3 Ibid, Pg. 22.
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determine when this alternative will be considered. The criteria will be based upon
the following provisions:
a. The amount, type, rarity and quality of the native vegetation on site;
b. The presence of conservation lands adjoining the site;
c. The presence of listed species and consideration of Federal and State agency
technical assistance;
d. The type of land use proposed, such as, but not limited to, affordable housing;
e. The size of the preserve required to remain on site is too small to ensure that
the preserve can remain functional; and
f. Right-of-Way acquisitions for all purposes necessary for roadway construction,
including ancillary drainage facilities, and including utilities within the right
of way acquisition area.
The land development regulations shall include a methodology to establish the
monetary value, land donation, or other appropriate method of compensation to
ensure that native vegetative communities not preserved on-site will be preserved
and appropriately managed off-site.
Generally speaking, preserves which are smaller in size, or those located adjacent to more intense
land uses, have a greater potential to become less viable over time due to habitat fragmentation
and sensitivity of native vegetation to changes in the environment. Depending on the type of
development and uses on adjoining properties, plants, such as slash pine, often die after a few
years. It is in these instances where the off-site preservation is recommended in lieu of preservation
of native vegetation on site.
Changes to LDC sections 3.05.07 H.1.f.i-ii
Purpose section
This amendment adds a purpose section to clarify the original intent and guide the administration
of the off-site preserve program. This section identifies it is intended to apply to projects with a
preserve requirement of 21,780 square feet (one-half acre) or less. Additionally, this section is not
applicable to the Rural Lands Stewardship Area (RLSA) and Rural Fringe Mixed Use (RFMU)
districts, since there are separate off-site preservation provisions specific to each district.
Applicability
This amendment removes the existing applicability in its entirety and replaces it with a provision
limiting the applicability of off-site preservation to projects where the preserve requirement is
21,780 square feet (one-half acre) or less, and where the preserves have not been identified on an
approved development order by the County.
This section also limits the applicability of off-site preservation with several prohibitions that
modify or add to the provisions previously identified as “restrictions.” Identifying these standards
as prohibitions makes it clear that no deviations can be requested or allowed when any of the
prohibitions are found on site. Additionally, the following clarifications and additions have been
made to the list of prohibitions:
• The prohibition on removing native vegetation adjacent to flowways is clarified to indicate
that it also applies to native vegetation within flowways.
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• Currently, remaining portions of on-site preserves must be a minimum of one acre, unless
high quality habitat is present. This provision is removed as applicants will not be able to
leave any required preserves on site when off-site preservation is requested.
• A standard is added prohibiting off-site preserves if the on-site native vegetation
requirement is greater than 21,780 square feet (one-half acre).
• A standard is added prohibiting deviations or variances from the off-site preservation
standards.
Approval methods
CCME Policy 6.1.1 (13) requires two potential methods for obtaining approval when
developments meet the applicability to provide on-site preserves off site. The policy states:
“The County may grant a deviation to the native vegetation retention requirements
of subsections 2, 4, 5, 10, and 12 of this Policy, and shall adopt land development
regulations to set forth the process for obtaining a deviation. The regulations shall
allow for the granting of a deviation by the appropriate review board after a public
hearing, and for the granting of a deviation administratively…”
Therefore, the following approval processes have been established:
1) Administrative approval:
The County Manager or designee may approve deviations for off-site preserves in only the
following four situations:
a. Essential service facilities;
b. Affordable housing projects that have been approved by the Collier County
Community and Human Services Division;
c. Projects where on-site native vegetation is fragmented; or
d. Projects where on-site native vegetation is not contiguous to off-site preserve areas.
2) Approval through a public hearing:
For other projects that satisfy the applicability criteria, off-site preservation may be
approved through a PUD deviation or variance, as applicable.
Finally, a provision is added which states that for the purposes of this section, the required
preserves shall be based on the total acreage for the PUD or development order, and not based on
an individual phase or phases of a development. Additionally, if the on-site native vegetation
retention requirement is satisfied off site, then all of the required preserve will be satisfied off site.
Changes to Off-Site Alternatives in LDC section 3.05.07 H.1.f.iii.
This section currently identifies that the native vegetation retention requirements may be satisfied
by one of two off-site alternatives, either monetary payments or land donations. This amendment
removes the land donation alternative and modifies the calculation of the monetary payment.
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Currently, the monetary payment amount is based on the
location of the land to be impacted and must be equal to
125 percent of the average cost of land purchased by
Conservation Collier in the urban designated area or of the
average cost of all other designations, as applicable.
This amendment states that the monetary payment amount
shall be established in the Growth Management
Department Development Services Fee Schedule. The
proposed per acre fee for the monetary payment alternative
is based on the Annual Update and Inventory Report
(AUIR) Community and Regional Park Land Summary
unit cost per acre, as updated annually. Using the AUIR to establish the cost to purchase land will
ensure that this fee is consistent with the County’s other land purchasing estimates and that the fee
is updated regularly.
CCPC RECOMMENDATION: Following the Board’s direction, the CCPC has reviewed
recommendations from CCLAAC and DSAC over the course of several meetings. During their
review of this amendment, the CCPC noted the following:
• The retention of native vegetation, even small areas, is valued by Collier County residents.
• The native vegetation retention requirements should be designed to promote on-site
retention.
• The program should place more emphasis on encouraging incorporation of the natural
environment within urban developments.
Furthermore, the CCPC expressed concern over the ability for developers to satisfy native
vegetation retention requirements off site, the methodologies used by the CCLAAC and DSAC to
revise the fees associated with the off-site preservation alternatives, and the County’s ability to
manage exotics in the rural areas of the County. As a result, this amendment reflects the following
CCPC recommendations made during the August 17, 2017, meeting:
1. Off-site preservation should only be allowed through a deviation where the pres erve
requirement is one-half acre or less.
a. The CCPC explained that the limitation to one-half acre is significant when
compared to minimum lot sizes for single-family homes. For instance, 21,780
square feet compares to more than three minimum sized lots within RMF-6 zoning
districts.
2. An administrative deviation should be available to projects that meet identified criteria.
3. The only method for providing off-site preserves should be through a monetary payment
and the amount should be based on the AUIR Community and Regional Park Land
Summary per acre unit cost.
The Planning Commission unanimously recommended approval on October 19, 2017.
Preserves in Industrial Districts:
LDC section 3.05.07 B.2.h
establishes that industrial zoned
parcels which have a native
vegetation retention requirement
of two acres or less are exempt
from the preserve requirement.
For this reason, industrial zoned
parcels are not incorporated in the
applicability section.
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CCLAAC & DSAC RECOMMENDATIONS: Off-site preservation was used infrequently after
its addition to the LDC in 2010, and several provisions have proved problematic when staff has
applied this section to projects in recent years. Therefore, in addition to addressing the Board’s
direction staff recommended clarifying certain portions of this provision to CCLAAC and DSAC.
Both the CCLAAC and DSAC provided similar recommendations regarding changes to the
purpose and intent, applicability, PUD deviations, and prohibitions sections. While the CCPC
recommendation includes the CCLAAC and DSAC recommended language in the purpose and
intent section, several other sections were modified during the CCPC hearings described generally
as follows:
• Both CCLAAC and DSAC recommended to allow for off-site preservation to apply to
preserve requirements of up to one acre and to allow for up to two acres through a PUD
deviation. However, the CCPC modified these provisions to apply only to preserve
requirements of one-half acre or less.
• Both CCLAAC and DSAC recommended clarifications to the restrictions section,
including renaming the section to “prohibitions.” While some of these clarifications are
included in the CCPC recommendation, the CCPC has made additional modifications and
additions as described above.
• Both CCLAAC and DSAC recommended changes to the off-site preservation alternatives
as directed by the Board. While these recommendations differed between committees, each
committee included endowments for estimated land management costs, and proposed fees
for the monetary payment and land donation alternatives. Each Committee’s proposal for
changes to the off-site preservation alternatives are summarized in the next section.
CCLAAC recommendations for off-site preservation alternatives:
1) Land Management Costs: CCLAAC recommended using an annual estimated cost of $558 per
acre to manage lands donated to Conservation Collier. This yearly management estimate was
used to establish an endowment amount that ensures sufficient management funds for at least
20 years while accounting for inflation and interest. The resulting land management
endowment amount of $32,500 was incorporated in CCLAAC’s recommended fees for the
monetary payment and land donation alternatives.
2) Monetary Payment Alternative: CCLAAC recommended that the monetary payment should
be equivalent to 125% of the “post development appraised value” of the on-site preserve
acreage. The following example was given: If a development with a one acre preserve
requirement received a post development appraisal value of $300,000, the total fee associated
with the monetary payment alternative would equate to $375,000.
3) Land Donation Alternative: CCLAAC recommended that the land donation fee incorporate the
land management endowment and an initial exotic vegetation removal cost. Additionally,
CCLAAC recommended a 4:1 ratio for land donations to offset the land being developed. The
following table illustrates the land donation fee for a project with a native vegetation
requirement of one acre. Since a 4:1 ratio would apply to the donation, four acres would need
to be donated, therefore, the fees are multiplied by four in the following table:
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Elements of Land Donation Fee Cost Per Donation
Land management endowment ($32,500 x 4) $130,000
Initial exotic vegetation removal costs ($4,000 x 4) $16,000
Total $146,000
DSAC recommendations for off-site preservation alternatives:
1) Land Management Costs: DSAC recommended using the following estimates to manage lands
donated to Conservation Collier:
• Years 1-5 = $558 per acre
• Year 6 and ongoing = $141 per acre
These yearly management estimates were used to establish an endowment amount that ensures
sufficient management funds for at least 20 years while also accounting for inflation and
interest. The resulting land management endowment amount of $13,200 was incorporated in
DSAC’s recommended fees for the monetary payment and land donation alternatives.
2) Monetary Payment Alternative: DSAC recommended that the monetary payment incorporate
the cost for Conservation Collier to purchase land, the land management endowment, and an
initial exotic vegetation removal cost as shown in the following table:
Elements of Monetary Payment Alternative Per Acre Cost
Average cost to purchase land for Conservation Collier $32,800
Land management endowment $13,200
Initial exotic vegetation removal costs $4,000
Total $50,000
3) Land Donation Alternative: DSAC recommended that the land donation fee incorporate the
land management endowment and an initial exotic vegetation removal cost as shown in the
following table:
Elements of Land Donation Fee Per Acre Cost
Land management endowment $13,200
Initial exotic vegetation removal costs $4,000
Total $17,200
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment.
GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management
Plan impacts associated with this amendment.
Amend the LDC as follows:
3.05.07 Preservation Standards 1
* * * * * * * * * * * * * 2
H. Preserve standards. 3
1. Design standards. 4
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* * * * * * * * * * * * * 1
f. Off-site vegetation retention. 2
i. Purpose and Intent. The purpose of this subsection f is to identify 3
the criteria to satisfy on-site preserve requirements off site. The 4
intent of the on-site preserve requirement is to retain, maintain, 5
and preserve existing native vegetation on site as provided for in 6
the Conservation and Coastal Management Element of the GMP. 7
However, in limited situations on-site preserve may be considered 8
less viable as a functional preserve if it is 21,780 square feet (one-9
half acre) or less and isolated. Therefore, in limited situations, 10
providing for a preserve off site can achieve the goals and 11
objectives of the GMP. This section shall not apply to lands 12
located within the RLSA or RFMU districts. 13
i. Applicability. A property owner may request that all or a portion of 14
the Collier County on-site native vegetation preservation retention 15
requirement be satisfied for only the following situations and 16
subject to the restrictions listed below. 17
a) Properties zoned commercial where the on-site preserve 18
requirement is less than 2 acres in size. 19
b) Park sites where the on-site preserve requirement is less 20
than one acre in size. 21
c) Essential service facilities other than parks, for any size 22
preserves. 23
d) Preserves less than on acre in size 24
e) Affordable housing projects. The maximum percent 25
of native vegetation retention allowed offsite shall be 26
equal to the percent of affordable housing units, without 27
limitation as to size of the preserve. 28
f) Existing or proposed preserves with 75 percent or more 29
coverage with exotic vegetation. Existing preserves not 30
previously overrun with this type vegetation and which 31
arrive at this state due to lack of management of the 32
preserve shall mitigate off site at a ratio of 2 to 1. 33
g) Created preserves which do not meet the success criteria 34
in 3.05.07 H.1.e.viii or where preserves have not been 35
planted in a manner which mimics a natural plant 36
community. 37
h) Preserves which do not meet the minimum dimensional 38
requirements of this section. 39
f) Portions of preserves located within platted single-family 40
lots. 41
j) Right of Way acquisitions to be conveyed or in the process 42
of being conveyed to the County by non-governmental 43
entities for all purposes necessary for roadway 44
construction, including ancillary drainage facilities, and 45
including utilities within the right of way acquisition area. 46
k) All criteria listed for created preserves. 47
ii. Restrictions, when one or more of the following situations occur. 48
Applicability and prohibitions. Except where it is prohibited, 49
applicants may request that the on-site native vegetation 50
retention requirement be satisfied in full off site where the native 51
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vegetation requirement is 21,780 square feet (one-half acre) or 1
less, and the preserves have not been identified on an approved 2
development order by the County. Off-site preserves are 3
prohibited if one or more of the following is found on site: 4
a) Xeric scrub, and hardwood hammocks which are one acre 5
or more in size, mangrove (excluding mangrove fringes 6
less than 40 feet in width, as measured from the root line, 7
on artificially created shorelines), coastal dune and strand 8
environments, and listed species habitat or corridors per 9
the requirements or recommendations of the FFWCC or 10
USFWS; shall not be allowed to have the on-site native 11
vegetation preservation retention requirement provided 12
offsite. 13
b) Preserves shall remain onsite if that are located within or 14
contiguous to natural flowways required to be retained per 15
the requirements of the SFWMD, natural water bodies, 16
estuaries, government required preserves (not meeting the 17
off-site preservation criteria herein), NRPAs, or contiguous 18
to property designated for purchase by Conservation 19
Collier or purchased by Conservation Collier, or contiguous 20
to properties containing listed species nests, buffers, 21
corridors and foraging habitat per the requirements or 22
recommendations of the FFWCC or USFWS. For the 23
purpose of this section, natural flowways shall also 24
include those identified during wetland permitting with 25
applicable State and Federal agencies, regional drainage 26
studies, or surface water management permits.; or 27
c) Remaining portions of on-site preserves must be a 28
minimum of one acre in size and shall not meet the offsite 29
criteria of sub-section 3.05.07 H.1.f.i.(f) and (g) above, 30
unless preserved with higher quality habitat not qualifying 31
for the off-site native vegetation retention alternative. 32
c) The on-site native vegetation retention requirement is 33
greater than 21,780 square feet (one-half acre). 34
iii. Off-site preserves approved administratively. Except as limited in 35
LDC section 3.05.07 H.1.f.ii, the County Manager or designee 36
may approve deviations to meet the on-site preserve requirements 37
off site in only the following four situations: 38
a) Essential services facilities; 39
b) Affordable housing approved by the Collier County 40
Community and Human Services Division; 41
c) Projects where on-site native vegetation is fragmented; or 42
d) Projects where on-site native vegetation is not contiguous 43
to off-site preserve areas. 44
iv. Off-site preserves approved through a public hearing. Except as 45
limited in LDC section 3.05.07 H.1.f.ii., applicants may request a 46
PUD deviation or variance, as applicable, to meet the on-site 47
preserve requirement off site. 48
a) PUD deviations shall be processed in accordance with the 49
procedures in LDC section 10.02.13. 50
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b) Variances shall be processed in accordance with the 1
procedures in LDC section 10.09.00. 2
v. For the purposes this section, the preserve requirement shall be 3
based on the total acreage for the PUD or development order, as 4
applicable, and not based on an individual phase or phases of a 5
development, consistent with LDC section 3.05.07 H.1.a. If the 6
on-site native vegetation retention requirement is satisfied off 7
site, then all of the required preserve will be satisfied off site. 8
iii.vi. Off-site Alternatives. Off-site native vegetation retention 9
requirements may be met by monetary payment or by land 10
donation. If a development qualifies for off-site preservation, only 11
a monetary payment will satisfy the off-site retention requirement. 12
a) Applicants shall make the monetary payment to Collier 13
County. Such funds will shall be used by the County for the 14
purchase and management of off-site conservation lands 15
within the county. The monetary payment amount shall be 16
established by resolution in the Collier County Growth 17
Management Department Development Services Fee 18
Schedule. The monetary payment amount shall be 19
calculated based on the on-site preserve requirement for 20
the land that is proposed to be developed and shall be the 21
current AUIR Community and Regional Park Land 22
Summary per acre unit cost, as amended annually. based 23
on the location of the land to be impacted and be equal to 24
125 percent of the average cost of land in the Urban 25
Designation or 125 percent of the average cost for all other 26
Designations, as applicable, as defined by the FLUE, 27
purchased by Collier County, through the Conservation 28
Collier program. This monetary payment shall be made 29
prior to the preconstruction meeting for the SDP or final 30
plat construction plans. 31
b) In lieu of monetary payment, applicants may choose to 32
donate land for conservation purposes to Collier County or 33
to another government agency. In the event of donation to 34
Collier County, the applicant may acquire and 35
subsequently donate land within the project boundaries of 36
Winchester Head, North Golden Gate Estates Unit 53, 37
another multi- parcel project or any other land designated 38
by Conservation Collier donation acceptance procedures. 39
Applicants who choose to donate land shall be required to 40
demonstrate that the land to be donated contains native 41
vegetation communities equal to or of higher priority (as 42
described in subsection 3.05.07 A.) than the land required 43
to be preserved onsite. In no case shall the acreage of 44
land donated be less than the acreage of land required to 45
be preserved onsite. Land donated to satisfy the off-site 46
vegetation retention requirement must be located entirely 47
within Collier County. Donations of land for preservation 48
shall be made to a federal, state or local government 49
agency established or authorized to accept lands for the 50
conservation and management of land in perpetuity, 51
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subject to the policies and procedures of the receiving 1
entity. Lands donated to Collier County must include a 2
cash payment for management of the land. The amount of 3
this payment shall be equal to 25 percent of the average 4
cost of land in the Urban Designation or 25 percent of the 5
average cost in all other Designations, as applicable, as 6
defined by the FLUE, purchased by Collier County, through 7
the Conservation Collier program. 8
Applicants shall provide evidence that donations of land 9
for preservation and endowments for management have 10
been accepted by and donated to the entity stated above, 11
at the time of the preconstruction meeting for the SDP or 12
final plat construction plans. Exotics shall be removed in 13
accordance with the time frames provided in 3.05.07 H.2. 14
State and Federal agency requirements for mitigation, 15
remediation and monitoring for the donated land shall be 16
the responsibility of the applicant. 17
iv.vii. PUD zoning. Where the off-site native vegetation retention 18
alternative is used for portions of preserves not identified on a 19
PUD master plan, a PUD amendment is not required. 20
Preserves or portions of preserves identified on a PUD master 21
plan shall require an amendment to the PUD master plan to 22
use the native vegetation retention alternative, subject to 23
LDC section 10.02.13 E, unless the option to use the off -site 24
native vegetation retention alternative is included in the PUD. 25
viii. Deviations or variances from LDC section 3.05.07 H.1.f. are 26
prohibited. 27
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