Agenda 10/12/2010 Item #16E 4
EXECUTIVE SUMMARY
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Recommendation to approve a Resolution establishing a policy for the acceptance of
monetary payment and land donations by the Conservation Collier Land Acquisition
Program in lieu of meeting off-site native retention requirements, as set forth in recent
amendments to the Land Development Code (LDC), Section 3.05.07.
OBJECTIVE: To approve a policy for acceptance of monetary payment and land donations by the
Conservation Collier Program under LDC Section 3.05.07.
CONSIDERATION: As part of the outcome of a 2004 Evaluation and Appraisal Report required by
the Department of Community Affairs (DCA), changes were made to the Conservation and Coastal
Management Element (CCME) of the Collier County Grow1h Management Plan (GMP) which were
adopted by the Collier County Board of County Commissioners in May 2007. Within those changes
was a requirement for language to be developed in the Land Development Code (LDC) providing an
option for developers to mitigate small urban preserves offsite. The specific language implementing
this option was developed as part of an amendment to Section 3.05.07 in the LDC (relevant
provisions are attached as back-up). That amendment was approved by the Board on June 8, 2010,
subsequently accepted by the Florida Department of Community Affairs (DCA) and included within
Ordinance 10-23, effective as of June 22, 2010.
Utilizing the Conservation Collier program for donation or monetary payment is one option for a
developer to meet the preservation standards of the LDC. The language in the LDC amendment
provides that a property owner may request that all or part of the Collier County off-site native
vegetation preservation retention requirement, within certain limitations, may be met by monetary
payment equal to 125 percent of the average cost of similar lands as purchased through the
Conservation Collier Program or by land donation pursuant to Conservation Collier donation
acceptance procedures, with preference for accepting donations of lands within existing multi-parcel
projects, and including 25 percent of the average cost of similar lands as a management endowlllent.
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The Conservation Collier Ordinance Policy and Rules (OPR) Subcommittee met on eight separate
occasions to review the LDC amendment drafts as they were developed, provide comment and
develop a procedure for acceptance of monetary payment or donation of lands to Conservation
Collier. The attached Resolution was unanimously recommended by the Conservation Collier Land
Acquisition Advisory Committee in September 201 0
All land conveyance proposals will be independently evaluated under the provisions of the LDC and
the Resolution and brought to the Board of County Commissionel"s for approval.
FISCAL IMP ACT: Monetary donations shall be equal to 125 percent of the average cost of lands
purchased by Conservation Collier within the same Designation, as defined by the Future Land Use
Element (FLUE), as those being mitigated for. Donations of funds will be separated, with 80 percent
of the donation to be deposited into Land .Acquisition Fund 172 and 20 percent deposited into Land
Management Fund 174. Donations of lands will be accompanied by a monetary donation of 25 per
cent of the cost of similar lands and will be deposited into Land Management Fund 174.
LEGAL CONSIDERATIOI~S: This item is legally sufficient for Board action - JBW
GROWTH MANAGEMENT IMPACT: There is no grow1h management impact with this resolution.
RECOMMENDATION: That the Board of County Commissioners approves the atiached Resolution
identifying a policy for acceptance of land donations by the Conservation Coliier Program to satisfy
offsite native vegetation retention requirements.
,_ PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program
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Item Number:
Item Summary:
Meeting Date:
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COLLIER COUNTY
BOt,F:D OF CQLHHY CCr.1M!SSIOf\ERS
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F:e::ommende1iori to 2pprO\.'S a F'8SolJ.ion est:Jl:Jlisnin; a ;Jo!:cy fOi tne 2Cc~pt27'j:e at ~i:)fletary
payment and lencJ don31i0l1s by Ihe Conservation Collier Land ,L\::quisitoll Program in iiE:U Of meeting
off-site n2tive retention requiren-,er.ts ~!s se! forth in :f;cent amendn1e~ts :0 tile Land :ieveiopmenl
Code (LD':'), Section 2.05,07
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se:t:on 3.05.07 H. Hi (f) and (q) above.
unless preserved with hiqher ouality habitat
not aualifvino far the off-site native
vegetation retention alternative
III
Off-site "Iternatives. Off-site native veoetation
re.tention reaulrements mav be met bv monetary
;;avment or bv land donation.
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Aoolicants shall make monetary payment
to Collier County. Such funds will be used
bv the County for the purchase and
mana:Jement of off-site conservation lands
within the caunty The m~netarv oayment
shall be based on the location of the land to
be Impacted and be eQual to 125 percent of
the averaae cost of land in the Urban
DesiGnation or 125 percent of the averaae
cc;st for (,11 other DeSlanatlons as
ap::Jlicable. as defined by the FLUE.
purchased ~y Collier County throuah the
Conse~ation Collier proaram, This
mone~ary D8vment shall be made prior to
t:J9 are~C:'r!structian meetinq br the SDPJf
final p:at co::stru:tion plans.
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::;1 ir, [leu of mClne:arv P2'/ment appii::::ants may
choose to dona!:? lan.d for conservatbn
:Jur;l:)SSS tJ Callier County or to another
',Joverr:ment aaen::\'. In t~e event:>f
j:Jnatian t:J Collier C:Jurtv. the aDPlicant
may 2cc:lUire and subsequentlv conate land
within the Droiect bou~caries of Winchester
Head, f\'orth G:.~dden Gate ~sta~es Unit 53
anotf-,er ii1ulti~Darcel orofect or any ether
:,~nd desl':J:ict0d !:tv CJ'1Ser\;Ziion C'.c;:!i9r
:,::'orLatl:m a-::::'2;:!~2:l::-e :::;ro:edures,
h co::dican!s who choose to d~:m(3te land
5"1311 be ~'e(iUired to Ciemonstrate that the
:arLd tC1 De dJnated con:ains native
','eaetation G:"m:-nunities eaual to or of
lia~1er :J:::mt'; (as des:::ii:..ed in s~Jbsectio,1
3 ;:'5 07 /.l., 'I than :he :and reauired to be
ores'2rve:J emsite in no :ase shall the
acreaoe of land donated be iess than the
3creaoe of Ia.;-'id reauired to ~e preserved
Jnslte, L3nd donated to satisfy the off-site
v8oetati::m retentL:m reouirement must be
i,:J82:ec enUre~v within Collier Countv.
?cnations ~If land fa:- oreservation shall be
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October '12. 2010
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made to a federal. state or local qovernment
aqencv established or authorized to accept
lands for the conservation and manaoement
of land in perpetuitv subiect to the policies
and procedures of the reCeivinG entitv.
Lands donated to Collier Countv must
include a cash oavment br manaqement of
the land. The amount of this payment shall
be equal to 25 percent of the averaGe cost
Jf land in the Urban DesiGnation or 25
percent of the averaGe cost in all other
uesiGnations as applicable as defined by
the FLUE, purchased by Collier County,
throuoh the Conservation Collier prooram.
Applicants shall provide evidence that
donations of land for preservation and
endowments for manaoement have been
accepted by and donated to the entity
stated above, at the time of the
oreconstruction meetinG for the SD? or final
~Iat construction plans. Exotics shall be
removed in accoidance with the time frames
orovided in 305.07 H.2. State and Federal
aaencv reouirements for mitiaation,
re~edia1'jon and monit0rina for the donated
land shall ~)S the responsibimv of the
applicant
iv. 0UD zonina VVhere the off-site native veqetation
,etentlon alternative IS used for oorti'Jns of
preserves not identified on a PUD master Dlan. a
PUD amendment is not required Preserves or
porti~ns of Do-esen/es identified on a PUD master
plan shall reouire 2n amendment to the PUD
rnaS!9r ;11an to use tile native veqetation rS!tent:on
alter~ative, subiect to 10.02.13 E. unless the option
10 l!se, tt-;e off-site native vegetatiorl retention
afternative is in:luded tn the PUD.
9. ?rescrve management plans, C;riter18 j. Ii vii and vlii below
are reauired for all ;Jreser./8S whether a manaaement pian
for the meserve is reauired or not. Preserve Manaaement
Plans shall be reoLlired for all Drooerties with 5 acres or
more of preserve or where listed species are utilizina the
preserve or where the Dreserve contains habitat which
reauires manaaement for fire (such as pine flatwooC!s.
palmetto orairie or scrub), T~e Preserve Management P~an
shall identify actions that must be taken to ensure that the
preserved areas will maintain natura! diversitv and function
as proposed. A Preserve Management P:an shall in:luQe
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RESOLUTION NO. 2010-_
A RESOLUTION OF THE COLLIER COL'l'iTY BOARD OF
COUl'iTY COMMISSIONERS APPROVING A POLICY FOR
ACCEPTANCE OF MONETARY PAYMEl'iT OR LAND
DONATION BY THE CONSERVATION COLLIER LAND
ACQUISITION PROGRAM AS AN OFF-SITE NATIVE
VEGETATION RETENTION ALTER1I\ATIVE AND I'ROVIDJNG
FOR AN EFFECTIVE DATE.
WHEREAS, Collier County (County) has recogniz.ed the need to plan for future growth
and has initiated a long-term program, knOv.ll as the Conservation Collier Land Acquisition
Program, (Conservation Collier Program) to acquire, protect, restore and manage
environmentally sensitive lands in perpetuity and to provide public open space for the benefit of
present and future generations; and
WHEREAS, the Conservation Collier Program includes protection of the County's
natural resources, including upland and wetland communities, native plant communities,
endemic species, and endangered species; and
WHEREAS. protected lands include those that provide appropriate natural resource-
based recreational and educational opportunities, flood control and aesthetic or other natural
features; and
WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as
"Ordinance Ko. 2002-63. as amended".) has described criteria and a process for acceptance of
lands offered for sale and donation: and
WHEREAS, Preservation criteria described in thc Land Development Code Section
3.05.07 are deemed substantially consistent with those of Conservation Collier,
WHEREAS, Ordinance No. 2005-49, as amended. also known as the Land Development
Code (LDC), Section 3.05.07 entitled "Preservation Standards." states that the Coumy is to
provide an alternative to on-site native vegetation retention by making a monetary payment or
land donation to satisfy native \'egetation requirements.
WHEREAS, Ordinance :'-lo. 2002-63, as amended provides for the establishment of the
Conservation Collier Acquisition Trust Fund with the ability to receive monies from donations
for acquisition of environmentally sensitive lands;
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COU1\TY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTIO:'l/ I. Findines
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It is fOW1d and declared that:
(A) This policy is intended to apply when the offsite native vegetation retention requirements
may be met by monetary payment or by land donation under LDC Section 3.05.07 of the
Land Development Code (LDC).
(B) Monetary donations shall be equal to 125 per cent of the average cost of lands purchased
by Conservation Collier within the same Designation, as defined by the Future Land Use
Element (FLUE), as those heing mitigated for
(C) Donations of lands offered to the Conservation Collier Program must be evaluated
pursuant to the procedures identified in the Conservation Collier Ordinance and may
only be acccpted and approved for management by the Board of County Commissioners.
SECTION II. Acceptance of lands offered for convcvance or Donation:
(A) Potential land donations shall go through a separate "fast-track" evaluation process and
will not be ranked in a regular cycle.
(B) The Conservation Collier Land Acquisition Advisory Committee (CCLAA.C) shall use
the following criteria in addition to those of the Conservation Collier Implementation
Ordinance in reviewing lands proposed for donation:
1. The native vegetation community (habitat) from the proposed donation is at least
as high a conservation priority as the vegetation community (habitat) from land
required to be prcscrvcd onsitc during the land development review process.
2. The acreage of lands proposed for donation is at lcast as much as the acreage as
that being mitigated for;
3. The lands proposed for donation are located cntirely within Collier County;
4. The lands proposed for donation are free of exotic invasive plant species or will
havc all non-native invasive, nuisance and Category I and II plants included on
the most current Florida Exotic Pest Plant Council's List ofInvasive Plant Species
and in LDC Section 3.05.08 removed at the owner's expense prior to acceptance
by Conservation Collier. All exotics within the first 75 feet of the outer edge of
the proposed donation parcel (s) shall be physically removed, or the vegetation
cut down to grade. cut debris removed and the stump treated. Exotics within the
interior of the propcrty may be approved to be treated in place if it is determined
that physical removal might cause more damage to the native vegetation in the
preserve donation parcel. When exotic vegetation is removed, but the base of the
vegetation remains, the base shall be treated with an U.S. Envirornnental
Protection Agency approved herbicide and a visual tracer dye shall be applied.
Any person who supervises up to eight people in the application of pesticides and
herbicides in the chemical maintenance of exotic vegetation in preserve lands
shall maintain the Florida Dept. of Agriculture and Consumer Services
certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide
Applicators dependent upon the specific area to be treated.
5. Where lands have becn used as mitigation for Federal, State or COW1ty permit or
approval, requirements for mitigation, remediation and monitoring shall be the
responsibility of the applicant, in accordance with the approved permit conditions
and acceptable to the County.
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6. A management endowmcnt of funds equaling, at minimum, 25 percent of the per-
acre value of the land conveyed is provided.
(C) The CCLAAC will consider with high priority the following types of land donations:
I. Lands within the boundary of an approved Conscrvation Collier multi-parcel
project:
2. Lands within target areas that have been deemed of interest to Conservation
Collier;
3. Lands adjacent to cxisting Conservation Collier preserve holdings;
4. Lands that have not been used as mitigation for any other Federal, State or county
permit or approval;
(D) In the event of a conJ1ict between the LDC and this Resolution, the LDC shall prevail.
SECTION Ill. Effective Date.
This Resolution adopted and made effective this __ day of
second and majority vote favoring same.
2010, after motion,
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COU]';TY. FLORIDA
By:
, Deputy Clerk
Fred W. Coyle. Chairman
Approval as to form and legal
Sufficiency:
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Jenllirre!- B. White
Assistant County Attorney
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