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Agenda 07/10/2018 Item #17A07/10/2018 EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending: Chapter Three - Resource Protection, including Section 3.05.07 Preservation Standards, to amend design standards relating to offsite preserves and to modify requirements for monetary payment and land donation off-site preserve alternatives; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. OBJECTIVE: To obtain Board of County Commissioners (Board) approval of a proposed Land Development Code (LDC) amendment, relating to off-site native vegetation preservation. CONSIDERATIONS: On July 7, 2015, Conservation Collier staff made several preliminary recommendations to the Board of County Commissioners (Board) for guidance regarding potential changes to the endowment related to the County’s acceptance of properties donated to Conservation Collier as off-site preservation. The Board directed a review of these recommendations with the Conservation Collier Land Acquisition Advisory Committee (CCLAAC), Development Services Advisory Committee (DSAC), and the Collier County Planning Commission (CCPC) to provide a recommendation for increasing the monetary payment associated with off-site preservation land donations so that land management endowments last beyond seven years, and to consider a recommendation to remove the land donation alternative. Since that time, Staff has worked with each of the advisory boards to draft an LDC amendment. This resulted in three separate recommendations from the CCLAAC, DSAC, and CCPC. Staff presented these recommendations to the Board on December 12, 2017, January 23, 2018, February 13, 2018, and April 10, 2018 and requested direction to advertise an ordinance reflecting the Board’s preference between the three recommendations. On April 10, 2018, the Board directed staff to prepare a draft amendment that reflected a portion of the CCPC recommendation relating to applicability and a portion of the CCLAAC recommendation relating to adjustments to the endowments required for off-site preservation. The CCPC recommendation regarding the applicability of off-site preservation (LDC Sections 3.05.07 H.1.f.i-v & vii-viii in the attached amendment) establishes that off-site preservation is only allowed when the preserve requirement is 21,780 square feet (one-half acre) or less. Off-site preservation may be approved through an administrative deviation for essential service projects, affordable housing projects, fragmented on-site vegetation, or on-site vegetation that is disconnected from the preserve areas on surrounding properties. All other requests of off-site preservation would require a public hearing for approval of the off-site preservation (a PUD deviation or variance). The CCLAAC recommendation regarding off-site preservation alternatives (LDC Section 3.05.07 H.1.f.vi in the attached amendment) modifies two existing off-site alternatives. The monetary payment alternative would be 125% of the “post development appraised value” of the on-site preserve acreage. The land donation alternative would require a 4:1 ratio for land donations and a total management endowment of $146,000 per acre of land donated. The management endowment amount will be listed in the Park and Recreation Fee Schedule. These recommendations are described in more detail in the attached amendment. 17.A Packet Pg. 2815 07/10/2018 Staff has made the following three modifications to the amendment after it was presented to the Board on April 10, 2018: 1. References to the Growth Management Department Fee Schedule were replaced with the Parks and Recreation Division Fee Schedule as it was determined that the collection of fees associated with off-site preservation alternatives will be implemented by the Parks and Recreation Division. 2. The reference to a County approved list of property appraisers was also changed to state certified appraisers since the County approved list of property appraisers is no longer maintained and state certified appraisers gives applicants more options when selecting an appraiser. 3. The requirement for the applicant to remove exotics from the property prior to donation to the County was removed since the revised fees include the cost to perform the initial exotics removal activities. This amendment is subject to public hearing and public notice requirements established in LDC Section 10.03.06 A, which requires that the amendment is considered at one Board hearing. ADVISORY BOARD RECOMMENDATIONS: The CCLAAC, DSAC, and CCPC each unanimously recommended approval of previous versions of this amendment. The proposed amendment includes portions of the recommendations made by the CCLAAC and CCPC. See the attached amendment for a detailed description of all committee recommendations. FISCAL IMPACT: No fiscal impact is associated with this action. 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 an affirmative vote of four for approval - SAS RECOMMENDATION: To approve the proposed 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 6-14-18 (PDF) 2. Draft Ordinance (PDF) 3. Legal Ad - Agenda ID 5530 (PDF) 17.A Packet Pg. 2816 07/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 5530 Item Summary: Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending: Chapter Three - Resource Protection, including Section 3.05.07 Preservation Standards, to amend design standards relating to offsite preserves and to modify requirements for monetary payment and land donation off-site preserve alternatives; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. Meeting Date: 07/10/2018 Prepared by: Title: Planner, Senior – Zoning Name: Jeremy Frantz 06/05/2018 1:20 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 06/05/2018 1:20 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 06/06/2018 12:55 PM Zoning Michael Bosi Additional Reviewer Completed 06/07/2018 1:48 PM Growth Management Department James C French Deputy Department Head Review Completed 06/08/2018 9:31 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/08/2018 2:33 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/14/2018 4:31 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 4:57 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/15/2018 7:20 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2018 9:41 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/02/2018 1:36 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM 17.A Packet Pg. 2817 Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department Staff LDC SECTION: 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 the requirements for 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: 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 17.A.1 Packet Pg. 2818 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx 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 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; 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. 17.A.1 Packet Pg. 2819 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx 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 the CCPC’s recommendation to limit 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. • 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). 17.A.1 Packet Pg. 2820 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 4 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx • 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. 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. After review of the recommendations made by DSAC, CCLAAC, and the CCPC on February 13, 2018, the Board directed staff to incorporate the CCLAAC recommendations regarding the off- site alternatives. The monetary payment alternative is established as 125 percent of the post 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. 17.A.1 Packet Pg. 2821 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 5 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx development appraised value of the on-site preserve acreage. The land donation alternative requires a 4 to 1 donation ratio and an endowment fee of $146,000 per acre donated. The management endowment will be listed in the Parks and Recreation Fee Schedule. These requirements are described in more detail in the “CCLAAC recommendations for off-site preservation alternatives” section below. Board Review Staff presented the recommendations from the CCPC, DSAC, and CCLAAC to the Board on April 10, 2018 (Agenda Item 11.C). At that meeting, the Board directed staff to advertise, and bring back for a public hearing, an Ordinance which reflected a portion of the CCPC recommendation relating to applicability and a portion of the CCLAAC recommendation relating to adjustments to the endowments required for off-site preservation. The following modifications were made to the amendment after it was presented to the Board on April 10, 2018: 1. References to the Growth Management Department Fee Schedule were replaced with the Parks and Recreation Division Fee Schedule as it was determined that the collection of fees associated with off-site preservation alternatives will be implemented by the Parks and Recreation Division. 2. The reference to a County approved list of property appraisers was also changed to state certified appraisers since the County approved list of property appraisers is no longer maintained and state certified appraisers gives applicants more options when selecting an appraiser. 3. The requirement for the applicant to remove exotics from the property prior to donation to the County was removed since the revised fees include the cost to perform the initial exotics removal activities. 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, the CCPC made the following recommendations during the August 17, 2017, meeting: 1. Off-site preservation should only be allowed through a deviation where the preserve requirement is one-half acre or less. 17.A.1 Packet Pg. 2822 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 6 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx 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. This amendment incorporates the CCPC recommendation regarding applicability of off-site preservation. 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. 17.A.1 Packet Pg. 2823 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 7 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx 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: Elements of Land Donation Fee Cost Per Acre Donated Land management endowment ($32,500 x 4) $130,000 Initial exotic vegetation removal costs ($4,000 x 4) $16,000 Total $146,000 This amendment incorporates the CCLAAC recommendation regarding off-site preservation alternatives and associated fees. 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 Cost Per Acre Donated 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: 17.A.1 Packet Pg. 2824 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 8 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx Elements of Land Donation Fee Cost Per Acre Donated 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: 1 3.05.07 Preservation Standards 2 * * * * * * * * * * * * * 3 H. Preserve standards. 4 1. Design standards. 5 * * * * * * * * * * * * * 6 f. Off-site vegetation retention. 7 i. Purpose and Intent. The purpose of this subsection f is to identify 8 the criteria to satisfy on-site preserve requirements off site. The 9 intent of the on-site preserve requirement is to retain, maintain, 10 and preserve existing native vegetation on site as provided for in 11 the Conservation and Coastal Management Element of the GMP. 12 However, in limited situations on-site preserve may be considered 13 less viable as a functional preserve if it is 21,780 square feet (one-14 half acre) or less and isolated. Therefore, in limited situations, 15 providing for a preserve off site can achieve the goals and 16 objectives of the GMP. This section shall not apply to lands 17 located within the RLSA or RFMU districts. 18 i. Applicability. A property owner may request that all or a portion of 19 the Collier County on-site native vegetation preservation retention 20 requirement be satisfied for only the following situations and 21 subject to the restrictions listed below. 22 a) Properties zoned commercial where the on-site preserve 23 requirement is less than 2 acres in size. 24 b) Park sites where the on-site preserve requirement is less 25 than one acre in size. 26 c) Essential service facilities other than parks, for any size 27 preserves. 28 d) Preserves less than on acre in size 29 e) Affordable housing projects. The maximum percent 30 of native vegetation retention allowed offsite shall be equal 31 to the percent of affordable housing units, without limitation 32 as to size of the preserve. 33 f) Existing or proposed preserves with 75 percent or more 34 coverage with exotic vegetation. Existing preserves not 35 previously overrun with this type vegetation and which 36 17.A.1 Packet Pg. 2825 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 9 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx arrive at this state due to lack of management of the 1 preserve shall mitigate off site at a ratio of 2 to 1. 2 g) Created preserves which do not meet the success criteria 3 in 3.05.07 H.1.e.viii or where preserves have not been 4 planted in a manner which mimics a natural plant 5 community. 6 h) Preserves which do not meet the minimum dimensional 7 requirements of this section. 8 f) Portions of preserves located within platted single-family 9 lots. 10 j) Right of Way acquisitions to be conveyed or in the process 11 of being conveyed to the County by non-governmental 12 entities for all purposes necessary for roadway 13 construction, including ancillary drainage facilities, and 14 including utilities within the right of way acquisition area. 15 k) All criteria listed for created preserves. 16 ii. Restrictions, when one or more of the following situations occur. 17 Applicability and prohibitions. Except where it is prohibited, 18 applicants may request that the on-site native vegetation retention 19 requirement be satisfied in full off site where the native vegetation 20 requirement is 21,780 square feet (one-half acre) or less, and the 21 preserves have not been identified on an approved development 22 order by the County. Off-site preserves are prohibited if one or 23 more of the following is found on site: 24 a) Xeric scrub, and hardwood hammocks which are one acre 25 or more in size, mangrove (excluding mangrove fringes 26 less than 40 feet in width, as measured from the root line, 27 on artificially created shorelines), coastal dune and strand 28 environments, and listed species habitat or corridors per 29 the requirements or recommendations of the FFWCC or 30 USFWS; shall not be allowed to have the on-site native 31 vegetation preservation retention requirement provided 32 offsite. 33 b) Preserves shall remain onsite if that are located within or 34 contiguous to natural flowways required to be retained per 35 the requirements of the SFWMD, natural water bodies, 36 estuaries, government required preserves (not meeting the 37 off-site preservation criteria herein), NRPAs, or contiguous 38 to property designated for purchase by Conservation 39 Collier or purchased by Conservation Collier, or contiguous 40 to properties containing listed species nests, buffers, 41 corridors and foraging habitat per the requirements or 42 recommendations of the FFWCC or USFWS. For the 43 purpose of this section, natural flowways shall also include 44 those identified during wetland permitting with applicable 45 State and Federal agencies, regional drainage studies, or 46 surface water management permits.; or 47 c) Remaining portions of on-site preserves must be a 48 minimum of one acre in size and shall not meet the offsite 49 criteria of sub-section 3.05.07 H.1.f.i.(f) and (g) above, 50 17.A.1 Packet Pg. 2826 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 10 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx unless preserved with higher quality habitat not qualifying 1 for the off-site native vegetation retention alternative. 2 c) The on-site native vegetation retention requirement is 3 greater than 21,780 square feet (one-half acre). 4 iii. Off-site preserves approved administratively. Except as limited in 5 LDC section 3.05.07 H.1.f.ii, the County Manager or designee 6 may approve deviations to meet the on-site preserve requirements 7 off site in only the following four situations: 8 a) Essential services facilities; 9 b) Affordable housing approved by the Collier County 10 Community and Human Services Division; 11 c) Projects where on-site native vegetation is fragmented; or 12 d) Projects where on-site native vegetation is not contiguous 13 to off-site preserve areas. 14 iv. Off-site preserves approved through a public hearing. Except as 15 limited in LDC section 3.05.07 H.1.f.ii., applicants may request a 16 PUD deviation or variance, as applicable, to meet the on-site 17 preserve requirement off site. 18 a) PUD deviations shall be processed in accordance with the 19 procedures in LDC section 10.02.13. 20 b) Variances shall be processed in accordance with the 21 procedures in LDC section 10.09.00. 22 v. For the purposes this section, the preserve requirement shall be 23 based on the total acreage for the PUD or development order, as 24 applicable, and not based on an individual phase or phases of a 25 development, consistent with LDC section 3.05.07 H.1.a. If the on-26 site native vegetation retention requirement is satisfied off site, 27 then all of the required preserve will be satisfied off site. 28 iii.vi. Off-site Alternatives. Off-site native vegetation retention 29 requirements may be satisfied met by monetary payment or by 30 land donation. 31 a) Monetary payment alternative. Applicants shall make 32 monetary payment to Collier County. Such funds will shall 33 be used by the County for the purchase and management 34 of off-site conservation lands within the county. The 35 monetary payment amount shall be based on the post 36 development appraisal value per acre multiplied by the 37 preserve requirement, then multiplied by 1.25 to establish 38 the endowment amount. The appraisal shall be performed 39 by a state certified appraiser. In addition, the fee for initial 40 exotic vegetation removal shall be paid by the applicant as 41 established in the Parks and Recreation Division Fee 42 Schedule. location of the land to be impacted and be equal 43 to 125 percent of the average cost of land in the Urban 44 Designation or 125 percent of the average cost for all other 45 Designations, as applicable, as defined by the FLUE, 46 purchased by Collier County, through the Conservation 47 Collier program. This monetary payment shall be made 48 prior to the preconstruction meeting for the SDP or final 49 plat construction plans. 50 17.A.1 Packet Pg. 2827 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 11 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx b) Land donation alternative. In lieu of monetary payment, 1 applicants may choose to donate land for conservation 2 purposes at a ratio of 4:1 to Collier County or to another 3 government agency. In the event of donation to Collier 4 County, the applicant may acquire and subsequently 5 donate land within the project boundaries of Winchester 6 Head, North Golden Gate Estates Unit 53, by another 7 multi-parcel project or any other land designated 8 Conservation Collier donation acceptance procedures. 9 i) Applicants who choose to donate land shall be 10 required to demonstrate that the land to be donated 11 contains native vegetation communities equal to or 12 of higher priority (as described in LDC subsection 13 3.05.07 A.) than the land required to be preserved 14 on site. In no case shall the acreage of land 15 donated be less than the acreage of land required 16 to be preserved on-site. Land donated to satisfy the 17 off-site vegetation retention requirement must be 18 located entirely within Collier County. Donations of 19 land for preservation shall be made to a federal, 20 state or local government agency established or 21 authorized to accept lands for the conservation and 22 management of land in perpetuity, subject to the 23 policies and procedures of the receiving entity. 24 Lands donated to Collier County must include a 25 cash endowment payment for management of the 26 land. The cash endowment shall be established in 27 the Collier County Parks and Recreation Division 28 Fee Schedule. The amount of this payment shall be 29 equal to 25 percent of the average cost of land in 30 the Urban Designation or 25 percent of the average 31 cost in all other Designations, as applicable, as 32 defined by the FLUE, purchased by Collier County, 33 through the Conservation Collier program. 34 Applicants shall provide evidence that donations of 35 land for preservation and endowments for 36 management have been accepted by and donated 37 to the entity stated above, at the time of the 38 preconstruction meeting for the SDP or final plat 39 and construction plans. Exotics shall be removed in 40 accordance with the time frames provided in LDC 41 section 3.05.07 H.2. State and Federal agency 42 requirements for mitigation, remediation and 43 monitoring for the donated land shall be the 44 responsibility of the applicant. 45 iv.vii. PUD zoning. Where the off-site native vegetation retention 46 alternative is used for portions of preserves not identified on a 47 PUD master plan, a PUD amendment is not required. Preserves 48 or portions of preserves identified on a PUD master plan shall 49 require an amendment to the PUD master plan to use the native 50 vegetation retention alternative, subject to LDC section 10.02.13 51 17.A.1 Packet Pg. 2828 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) Text underlined is new text to be added Text strikethrough is current text to be deleted 12 L:\LDC Amendments\Current Work\Preservation Standards BCC version\3.05.07 Preservation Requirements 6-14-18.docx E, unless the option to use the off-site native vegetation retention 1 alternative is included in the PUD. 2 viii. Deviations or variances from LDC section 3.05.07 H.1.f. are 3 prohibited. 4 # # # # # # # # # # # # # 5 17.A.1 Packet Pg. 2829 Attachment: 3.05.07 Preservation Requirements 6-14-18 [Revision 1] (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 1 of 11 Words struck through are deleted, words underlined are added ORDINANCE NO. 18 – ___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING: CHAPTER THREE – RESOURCE PROTECTION, INCLUDING SECTION 3.05.07 PRESERVATION STANDARDS, TO AMEND DESIGN STANDARDS RELATING TO OFF- SITE PRESERVES AND TO MODIFY REQUIREMENTS FOR MONETARY PAYMENT AND LAND DONATION OFF-SITE PRESERVE ALTERNATIVES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on April 10, 2018 and July 10, 2018, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and 17.A.2 Packet Pg. 2830 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 2 of 11 Words struck through are deleted, words underlined are added WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 17.A.2 Packet Pg. 2831 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 3 of 11 Words struck through are deleted, words underlined are added 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 17.A.2 Packet Pg. 2832 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 4 of 11 Words struck through are deleted, words underlined are added 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 3.05.07 Preservation Standards * * * * * * * * * * * * H. Preserve standards. 1. Design standards. * * * * * * * * * * * * f. Off-site vegetation retention. i. Purpose and Intent. The purpose of this subsection f is to identify the criteria to satisfy on-site preserve requirements off site. The intent of the on-site preserve requirement is to retain, maintain, and preserve existing native vegetation on site as provided for in the Conservation and Coastal Management Element of the GMP. However, in limited situations on-site preserve may be considered less viable as a functional preserve if it is 21,780 square feet (one- half acre) or less and isolated. Therefore, in limited situations, providing for a preserve off site can achieve the goals and objectives of the GMP. This section shall not apply to lands located within the RLSA or RFMU districts. i. Applicability. A property owner may request that all or a portion of the Collier County on-site native vegetation preservation retention requirement be satisfied offsite for only the following situations and subject to the restrictions listed below. a) Properties zoned commercial where the on-site preserve requirement is less than 2 acres in size. 17.A.2 Packet Pg. 2833 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 5 of 11 Words struck through are deleted, words underlined are added b) Park sites where the on-site preserve requirement is less than one acre in size. c) Essential service facilities other than parks, for any size preserves. d) Preserves less than on acre in size e) Affordable housing projects. The maximum percent of native vegetation retention allowed offsite shall be equal to the percent of affordable housing units, without limitation as to size of the preserve. f) Existing or proposed preserves with 75 percent or more coverage with exotic vegetation. Existing preserves not previously overrun with this type vegetation and which arrive at this state due to lack of management of the preserve shall mitigate off site at a ratio of 2 to 1. g) Created preserves which do not meet the success criteria in 3.05.07 H.1.e.viii or where preserves have not been planted in a manner which mimics a natural plant community. h) Preserves which do not meet the minimum dimensional requirements of this section. f) Portions of preserves located within platted single-family lots. j) Right of Way acquisitions to be conveyed or in the process of being conveyed to the County by non-governmental entities for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. k) All criteria listed for created preserves. ii. Restrictions, when one or more of the following situations occur. Applicability and prohibitions. Except where it is prohibited, applicants may request that the on-site native vegetation retention requirement be satisfied in full off site where the native vegetation requirement is 21,780 square feet (one-half acre) or less, and the preserves have not been identified on an approved development 17.A.2 Packet Pg. 2834 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 6 of 11 Words struck through are deleted, words underlined are added order by the County. Off-site preserves are prohibited if one or more of the following is found on site: a) Xeric scrub, and hardwood hammocks which are one acre or more in size, mangrove (excluding mangrove fringes less than 40 feet in width, as measured from the root line, on artificially created shorelines), coastal dune and strand environments, and listed species habitat or corridors per the requirements or recommendations of the FFWCC or USFWS; shall not be allowed to have the on-site native vegetation preservation retention requirement provided offsite. b) Preserves shall remain onsite if that are located within or contiguous to natural flowways required to be retained per the requirements of the SFWMD, natural water bodies, estuaries, government required preserves (not meeting the off-site preservation criteria herein), NRPAs, or contiguous to property designated for purchase by Conservation Collier or purchased by Conservation Collier, or contiguous to properties containing listed species nests, buffers, corridors and foraging habitat per the requirements or recommendations of the FFWCC or USFWS. For the purpose of this section, natural flowways shall also include those identified during wetland permitting with applicable State and Federal agencies, regional drainage studies, or surface water management permits.; or c) Remaining portions of on-site preserves must be a minimum of one acre in size and shall not meet the offsite criteria of sub-section 3.05.07 H.1.f.i.(f) and (g) above, unless preserved with higher quality habitat not qualifying for the off-site native vegetation retention alternative. c) The on-site native vegetation retention requirement is greater than 21,780 square feet (one-half acre). iii. Off-site preserves approved administratively. Except as limited in LDC section 3.05.07 H.1.f.ii., the County Manager or designee 17.A.2 Packet Pg. 2835 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 7 of 11 Words struck through are deleted, words underlined are added may approve deviations to meet the on-site preserve requirements off site in only the following four situations: a) Essential services facilities; b) Affordable housing 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. iv. Off-site preserves approved through a public hearing. Except as limited in LDC section 3.05.07 H.1.f.ii., applicants may request a PUD deviation or variance, as applicable, to meet the on-site preserve requirement off site. a) PUD deviations shall be processed in accordance with the procedures in LDC section 10.02.13. b) Variances shall be processed in accordance with the procedures in LDC section 10.09.00. v. For the purposes this section, the preserve requirement shall be based on the total acreage for the PUD or development order, as applicable, and not based on an individual phase or phases of a development, consistent with LDC section 3.05.07 H.1.a. If the on- site native vegetation retention requirement is satisfied off site, then all of the required preserve will be satisfied off site. iii.vi. Off-site Alternatives. Off-site native vegetation retention requirements may be satisfied met by monetary payment or by land donation. a) Monetary payment alternative. Applicants shall make monetary payment to Collier County. Such funds will shall be used by the County for the purchase and management of off-site conservation lands within the county. The monetary payment amount shall be based on the post development appraisal value per acre multiplied by the preserve requirement, then multiplied by 1.25 to establish the endowment amount. The appraisal shall be performed by a state certified appraiser. In addition, the fee for initial exotic vegetation removal shall be paid by the applicant as 17.A.2 Packet Pg. 2836 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 8 of 11 Words struck through are deleted, words underlined are added established in the Parks and Recreation Division Fee Schedule. location of the land to be impacted and be equal to 125 percent of the average cost of land in the Urban Designation or 125 percent of the average cost for all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program. This monetary payment shall be made prior to the preconstruction meeting for the SDP or final plat construction plans. b) Land donation alternative. In lieu of monetary payment, applicants may choose to donate land for conservation purposes at a ratio of 4:1 to Collier County or to another government agency. In the event of donation to Collier County, the applicant may acquire and subsequently donate land within the project boundaries of Winchester Head, North Golden Gate Estates Unit 53, another multi- parcel project or any other land designated by Conservation Collier donation acceptance procedures. i) Applicants who choose to donate land shall be required to demonstrate that the land to be donated contains native vegetation communities equal to or of higher priority (as described in subsection 3.05.07 A.) than the land required to be preserved onsite. In no case shall the acreage of land donated be less than the acreage of land required to be preserved onsite. Land donated to satisfy the off- site vegetation retention requirement must be located entirely within Collier County. Donations of land for preservation shall be made to a federal, state or local government agency established or authorized to accept lands for the conservation and management of land in perpetuity, subject to the policies and procedures of the receiving entity. Lands donated to Collier County must include a cash endowment payment for management of the 17.A.2 Packet Pg. 2837 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 9 of 11 Words struck through are deleted, words underlined are added land. The cash endowment shall be established in the Collier County Parks and Recreation Division Fee Schedule. The amount of this payment shall be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent of the average cost in all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program. Applicants shall provide evidence that donations of land for preservation and endowments for management have been accepted by and donated to the entity stated above, at the time of the preconstruction meeting for the SDP or final plat and construction plans. Exotics shall be removed in accordance with the time frames provided in 3.05.07 H.2. State and Federal agency requirements for mitigation, remediation and monitoring for the donated land shall be the responsibility of the applicant. iv.vii. PUD zoning. Where the off-site native vegetation retention alternative is used for portions of preserves not identified on a PUD master plan, a PUD amendment is not required. Preserves or portions of preserves identified on a PUD master plan shall require an amendment to the PUD master plan to use the native vegetation retention alternative, subject to LDC section 10.02.13 E, unless the option to use the off-site native vegetation retention alternative is included in the PUD. viii. Deviations or variances from LDC section 3.05.07 H.1.f. are prohibited. g. Preserve management plans. Criteria i, ii, vii and viii below are required for all preserves whether a management plan for the preserve is required or not. Preserve Management Plans shall be required for all properties with 5 acres or more of preserve or where listed species are utilizing the preserve or where the preserve contains habitat which requires 17.A.2 Packet Pg. 2838 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 10 of 11 Words struck through are deleted, words underlined are added management for fire (such as Pine Flatwoods, Palmetto Prairie or Scrub). The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and function as proposed. A Preserve Management Plan shall include the following elements: * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. 17.A.2 Packet Pg. 2839 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) DRAFT 6/11/18 Page 11 of 11 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 10th day of July, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:_____________________________ , Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: __________________________ Scott A. Stone Assistant County Attorney 04-CMD-01077/____ (6/11/18) 17.A.2 Packet Pg. 2840 Attachment: Draft Ordinance (5530 : Preservation Standards LDC Amendment) 17.A.3 Packet Pg. 2841 Attachment: Legal Ad - Agenda ID 5530 (5530 : Preservation Standards LDC Amendment)