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Agenda 10/26/2010 Item #16E 8Agenda Item No. 16E8 EXECUTIVE SUMMARY October 26, 2010 Page 1 of 8 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 Growth 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 endowment. 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 2010. All land conveyance proposals will be independently evaluated under the provisions of the LDC and the Resolution and brought to the Board of County Commissioners for approval. FISCAL IMPACT: 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 CONSIDERATIONS: This item is legally sufficient for Board action. - JBW GROWTH MANAGEMENT IMPACT: There is no growth management impact with this resolution. RECOMMENDATION: That the Board of County Commissioners approves the attached Resolution identifying a policy for acceptance of land donations by the Conservation Collier Program to satisfy offsite native vegetation retention requirements. PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program Agenda Item No. 16118 October 26, 2010 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E8 Item Summary: 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. Meeting Date: 10/26/2010 9:00:00 AM Prepared By Alexandra J. Sulecki Environmental Specialist, Senior Date Administrative Services Division Facilities Management 9/24/2010 12:38:29 PM Approved By Melissa Hennig Environmental Specialist, Principal Date Administrative Services Division Facilities Management 9/27/2010 12:00 PM Approved By Skip Camp, C.F.M. Director - Facilities Management Date Administrative Services Division Facilities Management 9/28/2010 1:43 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 9/2912010 2:29 PM Approved By Len Golden Price Administrator - Administrative Services Date Administrative Services Division Administrative Services Division 10/112010 1:35 PM Approved By Jeff Klatzkow County Attorney Date 10/4/2010 9:33 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 10/14/2010 4:07 PM Approved By Therese Stanley Manager - Operations Support - Trans Date Office of Management & Budget Office of Management & Budget 10/15/2010 12:50 PM Agenda Item No. 16E8 October 26, 2010 Page 3 of 8 Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 10/16/2010 2:25 PM October 26, 2010 Page 4 of 8 section 3.05.07 1-1.111(f) and (g) above, unless preserved with higher quality habitat not gualifving for the off -site native vegetation retention alternative. iii. Off- -site Alternatives. Off- -site native vegetation retention requirements may be met by monetary Payment or by land donation. a) Applicants shall make monetary payment to Collier County. Such funds will be used by the County for the purchase and management of off -site conservation lands within the county. The monetary payment shall be based on the 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) In lieu of monetary payment applicants may choose to donate land for conservation Purposes to Collier County or to another government agency. In the event of donation to Collier County, the applicant may acouire and subsequently donate land within the project boundaries of Winchester Head, North Golden Gate Estates Unit 53. another multi - parcel proiect or any other land designated by Conservation Collier donation acceptance procedures. 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 Page 59 of 194 Words stMek thEoug# are deleted, words underlined are added October 26, 2010 Page 5 of 8 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 payment for management of the land. 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 averse 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 oreconstruction meeting for the SDP or final plat 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. 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 10.02.13 E. unless the option to use the off -site native vegetation retention alternative is included in the PUD. 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 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 Page 60 of 194 Words stmekt#reugh are deleted, words underlined are added Agenda Item No. 16E8 October 26, 2010 Page 6 of 8 RESOLUTION NO. 2010- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A POLICY FOR ACCEPTANCE OF MONETARY PAYMENT OR LAND DONATION BY THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AS AN OFF -SITE NATIVE VEGETATION RETENTION ALTERNATIVE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County (County) has recognized the need to plan for future growth and has initiated a long -term program, known 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 WHERAS, the Board of County Commissioners has the authority to accept and approve for management donations of lands to the Conservation Collier Program. WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as "Ordinance No. 2002 -63, as amended ") has described criteria and a process for acceptance of lands offered for conveyance and donation; and WHEREAS, Preservation criteria described in the Land Development Code Section 3.07.07 are deemed substantially consistent with those of Conservation Collier, WHEREAS, Ordinance No. 2005 -49 amended Land Development Code (LDC), Section 3.07.07 entitled "Preservation Standards," states that the County is to provide an alternative to on -site native vegetation retention by making a monetary payment or land donation to satisfy native vegetation requirements. WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as "Ordinance No. 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 THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Agenda Item No. 16E8 October 26, 2010 Page 7 of 8 SECTION I. Findinjas It is found and declared that: (A) The Native Vegetation Preservation Standards, as described in LDC Section 3.05.07B.2, provides that in certain situations and subject to restrictions the donation of funds or lands may satisfy the requirement to preserve native vegetation onsite. (B) Monetary donations shall be equal to 125 per cent of the average cost of lands in the Urban Designation or 125 per cent of the average cost for all other Designations, as applicable, as defined by the Future land Use Element (FLUE) of the Collier County Growth Management Plan, purchased by Collier County, through the Conservation Collier Program. (C) Donations of land shall include a cash payment equal to 25 per cent of the average cost of land in the Urban Designation or 25 per cent of the average cost in all other Designations, as applicable, as defined by the FLUE, purchased by Collier County through the Conservation Collier Program. (D) Donations of lands offered to the Conservation Collier Program must be evaluated pursuant to the policies and procedures identified in the Conservation Collier Ordinance. (E) Donations of lands may only be accepted and approved for management by the Board of County Commissioners. SECTION II. Acceptance of Lands Offered for 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 ( CCLAAC) 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 preserved onsite; 2. The acreage of lands proposed for donation is at least as much as the acreage as that being mitigated for; 3. The lands proposed for donation are located entirely within Collier County; 4. The lands proposed for donation are free of exotic invasive plant species or will have the exotic invasive plant species identified in LDC Section 2.4.4.12.1 -11 removed at the owner's expense prior to acceptance by Conservation Collier. (C) The CCLAAC will consider with high priority the following types of land donations: 1. Lands within the boundary of an approved Conservation Collier multi - parcel project; 2. Lands within target areas that have been deemed of interest to Conservation Collier; 3. Lands adjacent to existing Conservation Collier preserve holdings; Agenda Item No. 16E8 October 26, 2010 Page 8 of 8 4. Lands that have not been used as mitigation for any other Federal, State or county permit or approval. SECTION III. Effective Date. This Resolution adopted and made effective this day of 2010, after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS OF Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA IM , Deputy Clerk Approval as to form and legal Sufficiency: Jenniferrt. White Assistant County Attorney Fred W. Coyle, Chairman