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Agenda 06/24/2008 Item #10F Agenda Item No, 10F June 24, 2008 Page 1 of 26 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners provide staff direction related to the County's ability to process conveyance bonus credit applications specified by the Rural Fringe Mixed-Use Sub-District to the Florida Department of Environmental Protection (FDEP), while retaining the County's ability to address transportation improvements designated within the County's 2030 Long Range Transportation Plan (LRTP). OBJECTIVE: Request that the Board of County Commissioners (BCC) provide staff direction related to the County's ability to process conveyance bonus credit applications specified by the Rural Fringe Mixed-Use Sub-District to the FDEP, while retaining the County's ability to address transportation improvements designated within the County's 2030 LRTP, CONSIDERATIONS: The Transfer of Development Rights (TDR) program within the Rural Fringe Mixed-Use District (RFMUD) was first adopted into the Future Land Use Element of the Comprehensive Plan under Ordinance 2002-32, effective July 22, 2003, The implementing regulations under the Land Development Code were first adopted under Ordinance 2004-08, effective February 20th 2004, The TDR program was primarily established and implemented to protect and conserve the most valuable environmental lands in the RFMUD, while providing a mechanism for affected property owners to recover lost value and development potential through the transferring of such development rights to more appropriate lands, Within the RFMUD, residential development rights of Sending Lands may be severed and the TDR credits transferred to designated Receiving Lands, In 2005, the Growth Management Plan (GMP) Rural Fringe Mixed-Use District was amended to provide for three additional residential density bonus provisions in the RFMUD, Sending Lands: Early Entry TDR Bonus, Environmental Restoration and Maintenance TDR Bonus, and a Conveyance TDR Bonus, The Early Entry TDR Bonus provides a residential density bonus as an incentive to participate early in the TDR program, This bonus is granted at a rate of 1 dwelling unit per 5 acres (0,2 dulac,) or legal non-conforming lot/parcel of record, for the severance ofTDR's from designated Sending Lands within 3 years from the effective date of an implementing Land Development Code provision, It should be noted that this bonus provision is proposed to be extended three additional years by the BCC as part of the 2006 GMP amendments, which are scheduled to be adopted in the fall of 2008, The BCC has transmitted an amendment to the Department of Community Affairs (DCA) which extends the early entry bonus for an additional three years to September, 2011. ~-.. Agenda Item No, 10F June 24, 2008 Page 2 of 26 The Environmental Restoration and Maintenance TDR Bonus is intended to augment the existing TDR program, by providing an incentive to manage Sending Lands, including the removal of exotics for a period of twenty- five years, after the severance of development rights, A residential density bonus is granted at a rate of I dwelling unit per 5 acres (0,2 du/ac,) or legal non- conforming lot/parcel of record upon the acceptance and approval of a Restoration and Perpetual Management and Annuity Plan by the County, The Conveyance TDR Bonus is granted to those property owners who first have an approved Restoration and Perpetual Management Plan and then convey the property by way of fee simple title to a local, state, or federal government agency by gift, A residential density bonus is granted at a rate of I dwelling unit per 5 acres (0.2 dulac,) or legal non-conforming lot/parcel of record, To date, the TDR program has processed and approved one application for the Conveyance bonus, In that case, the subject participant conveyed their property to the South Florida Water Management District (SFWMD), Those properties conveyed to SFWMD were located adjacent to the southern boundary of the Corkscrew Swamp Sanctuary, The largest block of Sending Lands eligible to utilize the TDR credits and the bonus credits is located south of 1-75 within the Belle Meade Natural Resource Protection Area (NRPA) , To date 74 parcels within the Belle Meade NRPA have severed their hase TDR's and their early entry bonus TDR's, A number of property owners within the Sending Lands have approached Conservation Collier to explore the possibility of that entity receiving lands for the purpose of generating bonus conveyance credits, Additionally, several property owners have approached the Florida Department of Environmental Protection (FDEP) to explore the possibility of that agency receiving lands for the conveyance bonus, The conversations with FDEP and Conservation Collier for conveyance from Sending Land property owners may conflict the current initiative of the Transportation Division's 2030 Long Range Transportation Plan (LRTP), which calls for the future development of Wilson Boulevard Extension/Benfield Road, The 2030 Long Range Transportation Plan development process was initiated in late 2003 and was adopted by the Board of County Commissioners on January 12, 2006, The Wilson Boulevard ExtensionlBenfield Road Corridor Study Project covers the majority of the North and South Belle Meade area, and proposes an additional north-south road, east of County Road 951 and west of Everglades Boulevard, an area of land which fully encompasses the largest sending land area within the Rural Fringe Sub-District. A map depicting the southern sending area and the parcels that have already severed TDR's from their property is attached to this executive summary (see exhibit "A"), The nature of the conflict sits with the fact that the Wilson Boulevard Extension/Benfield Road Corridor feasibility study is currently at its inception and that the location of the future road will not be known until the spring of 2009, This fact has compromised the County's willingness to allow for the conveyance of property to the FDEP due to the increase in cost and timing associated with utilizing eminent domain against a state agency for a local road, The State of Florida currently owns a majority of properties within the southern Belle Meade area and the Wilson Boulevard Extension/Benfield Road Corridor Study is attempting to minimize the impact to these properties due to the unknown cost of mitigation to acquire these lands, Any additional properties acquired by the State before the location of the future road is determined will only increase the estimated cost to construct the future roadway, Based upon this recognition, it Agenda Item No, 10F June 24, 2008 Page 3 of 26 would not be in the best fiscal interest of the County, with revenue for future roadways currently not expected to fully satiate cost, to move forward with conveyance to FDEP before the road alignment has been determined, It should be noted that FDEP would rather have the roadway's location determined before accepting parcels of land within the south Belle Meade area, As noted, a number of property owners within the sending areas have begun conversation with Conservation Collier concerning the conveyance of property as part of the TDR program, The conveyance of property to Conservation Collier appears not to be problematic due to the exceptional benefits process and procedure, established by Ordinance No, 2006-58 (Exhibit "B") , Conservation Collier's exceptional benefits process was created to cede property from Conservation Collier to general purpose County government for projects that would benefit the community as a whole, Section 2,02 of the Ordinance specifies that, "Dedications (Other-use Dedications) means.. ,2) a change of the primary use of the Programs Lands from conservation and preservation to some other use which benefits the public so long as fee simple interest remains in favor of Collier County," Further Section 2,03 of the Ordinance specifies that road construction projects such as the future Wilson Boulevard Extension/Benfield Road align with that purpose, Based upon this ability, the Conservation Collier Land Acquisition Advisory Committee, at their May 12, 2008 public meeting, recommended to staff to pursue properties within the Benfield Road area of the South Belle Meade NRPA for acquisition through the conveyance process established by the Rural Fringe Overlay, Properties, if conveyed to the FDEP would not have the same ability to revert back to the County if needed for the future road, Through discussion with the FDEP, the County has been informed that the only manner in which the agency would acquire property is through unencumbered fee simple acquisition and that any reverter clauses related to future roads would preclude a parcel from conveyance consideration, It should be noted that the Division of Forestry's restoration and management plan is currently being reviewed by Community Development and Environmental Services (CDES) Environmental Review department and until the plan has been approved, conveyance to the State, per the RFMUD regulations can not transpire, Exhibit "c" displays the State owned property within the South Belle Meade area, as well as the location of the properties currently in discussion with FDEP concerning the potential for conveyance, As noted, the State of Florida currently owns a majority of the properties within the South Belle Meade NRPA Sending area, which have been purchased as part of the Florida Forever program Group "A" properties, The Group "A" properties are those acquisition projects that received the highest priority for acquisition, This specific of the Florida Forever program is provided for within Exhibit "D" of this executive summary, Based upon the above stated conditions, Conservation Collier stands as an agency that currently could receive sending land from property owners seeking the conveyance bonus TDR credit. Property owners within the South Belle Meade NRP A Sending area are currently in negotiations with Conservation Collier for such an arrangement. However, certain property owners within the South Belle Meade NRP A are required as part of their mitigation permitting process, to convey property to the State of Florida, It is these few select property owners which currently have no options of conveyance based upon the undetermined location of the future roadway and the increased cost surrounding the local governments ability to acquire state property through the eminent domain process and the FDEP's unwillingness to accept property with an encumbrance upon it for the potential to develop a roadway, It should be pointed out that once the future road Agenda Item No, 10F June 24, 2008 Page 4 of 26 alignment has been determined, this issue will no longer complicate an applicant's ability to convey to the FDEP and gain the last of the bonus TDR credits, as provided, Additionally, nothing would prevent these property owners from submitting an application for the final two remaining bonus TDR credits, while the South Belle Meade Restoration and Management Plan is under review by the CDES Environmental Staff and the Wilson Boulevard Extension/Benfield Road alignment is determined, When both of these issues have been resolved, those submitted applications could gain administrative approval. It should be noted that a third issue is currently preventing conveyance of sending lands to the FDEP which relates to the limitations of developments rights agreement required to be placed upon a property within the TDR program, The FDEP requires all property acquired for conservation to be provided in fee simple ownership with all encumbrances removed from the title, The early participants in the TDR program established Conservation Easements (CE) on parcels in which TDR's had been stripped, Subsequently, the CE has been replaced by the limitation of development rights agreement on parcels ofland where TDR's have been generated, Both of these encumbrances would prevent a property to transfer to FDEP, In order to rectify the encumbrance issue, county staff is creating a vehicle which would transfer the County's interest within the CE and/or limitations of development rights agreement from the County to the FDEP upon conveyance of property to the FDEP, Once these specific and finite issues have been rectified, conveyance to the FDEP will be able to move forward, The following is the perspective of the Conservation Collier staff related to the issues: Conservation Collier At present, Conservation Collier has several applications for conveyance of lands under the Rural Fringe Mixed-Use District (RFMUD) TDR Program: one in the South Belle Meade (Benfield Road) and one in the North Belle Meade (NBM) "sending" lands, Additional applications are expected for conveyance of lands within the NBM "sending" lands, Conservation Collier has a Resolution (2008-132), signed by the BCC Chairman on 5/13/08, that governs such applications, This Resolution provides that potential conveyances shall go through a separate "fast track" evaluation process (Section II (A), Potential complications have surfaced that Conservation Collier would like the BCC to be aware of, South Belle Meade - Benfield Road properties: On June 9th, the Conservation Collier Land Acquisition Advisory Committee will make a recommendation regarding the conveyance of 17 contiguous parcels along the existing Benfield Road, within the RFMUD NBM "sending" lands, At the same time, the County Transportation Department (Transportation) is performing the Wilson Blvd, Extension /Benfield Road corridor study, One of the potential alignments is along Benfield Road, If Conservation Collier acquires the Benfield parcels prior to corridor selection and this is the selected corridor, Transportation may need to utilize the Exceptional Benefits Ordinance to acquire the necessary Right-of-Way, While this ordinance provides an avenue to potentially acquire Right-of-Way from Conservation Collier lands, it is not assured, North Belle Meade - Caloosa Reserve and other parcels: Earlier this year, the BCC heard from a property owner seeking to convey lands within the North Belle Meade for TDR credit who was unable to fmd an agency to convey to, As a result, Conscrvation Collier has initiated the process to acquire these lands, Other property owners within this area have also indicated the potential Agenda Item No, 10F June 24, 2008 Page 5 of 26 to convey lands to Conservation Collier, Several issues have subsequently surfaced, First, the Wilson/Benfield Transportation study has not determined an alignment yet. Conveyance of these lands may conflict with Transportation needs, necessitating use of the Exceptional Benefits Ordinance, Additionally, the long range transportation study identifies a grid of roads within the NBM, Presumably, if Conservation Collier acquires NBM lands, and there are conflicts with future roads, the Exceptional Benefits Ordinance will again need to be used, Another complication involves the presence of a cattle lease over 12 full sections and 3 half sections within the NBM, Access to lands within the lease area is restricted by locked gate, If acquired, public access to these lands will not be realistic until the lease has expired, FISCAL IMPACT: There is no quantifiable fiscal impact associated with this issue, GROWTH MANAGEMENT PLAN (GMP) IMPACT: At this time there are no direct GMP impacts associated with this executive summary due to the fact that the issue will be resolved at the time the Wilson Boulevard ExtensionlBenfield Road Corridor feasibility study is completed, LEGAL CONSIDERATIONS: This executive summary has been reviewed by the County Attorney's Office and no legal issues were raised, (MMSS) RECOMMENDATION: Staff requests that the BCC recognize the issue and concerns of the South Belle Meade property owners affected by the situation, but also recognize the ability of Conservation Collier to receive conveyed Sending Land property to utilize the last bonus TDR credit, and the temporary nature of the situation affecting the FDEP from receiving Sending Lands, and direct staff to undertake every effort to expedite the Wilson Boulevard Extension/Benfield Road Corridor feasibility study and the review of the FDEP's Restoration and Maintenance Plan; continue the discussion with FDEP to rectify any obstacles associated with that Agency's ability to receive these properties and identify properties eligible for TDR conveyance credits that may potentially conflict with the LRTP and the GMP, PREPARED BY: Mike Bosi, AlCP, Community Planning Manager, Comprehensive Planning Department Item Number: Item Summary: Meeting Date: Page 1 0[2 Agenda Item No, 10F June 24, 2008 Page 6 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F Recommendation that the Board of County Commissioners provide staff direction related to the Countys ability to process conveyance bonus credit applications specified by the Rural Fringe Mixed Use Sub-District to the Florida Department of Environmental Protection (FDEP), while retaining the Countys ability to address transportation improvements designated within the Countys Long Range Transportation Plan (LRTP). (Mike Basi, Planning Manager. Comprehensive Planning, CDES) 6/24/200890000 AM Prepared By Mike Bosi, AICP Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 5/29/2008 9:39:29 AM Approved By Mike Bosi, AICP Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 5/28/2008 2:38 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 5/3012008 1 :34 PM Approved By Alexandra J. Sulecki Administrative Services Senior Environmental Specialist Date Facilities Management 6/10/200812:57 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6111/20085:34 PM Approved By Marjorie M. Student-Stirling Assistant County Attorney 6/12/20088:34 AM Date Approved By County Attorney County Attorney Office Randall J. Cohen Community Development & Environmental Services Comprehensive Planning Department Director Date Comprehensive Planning 6/12/2008 9:35 AM Approved By file://C:\AgendaTest\Export\ 11 O-I une%2024, %202008\ 1 0, %20COUNTY%20MANAGER.., 6/18/2008 Page 2 of2 Agenda Item No, 10F June 24, 2008 Page 7 of 26 OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 6/12/2008 2:20 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 6/13/2008 9:22 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/16/2008 9:15 AM file://C:\Agenda Test\Export\ 11 O-J une%2024, %202008\ 1 0, %20COUNTY%20MANAG ER.., 6/18/2008 F ~~~~naeg~ ~ D1IlR- Agenda Item No, 10F June 24, 2008 Page 9 of 26 Exhibit "B" ORDINANCE NO. 2006. ~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN EXCEPTIONAL BENEFITS PROCESS AND PROCEDURE, PROVIDING FOR A SHORT TITLE, INTENT, APPLICABILITY, AUTHORITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROTECTION OF THE CONSERVATION COLLIER LANDS; PROVIDING FOR EXCEPTIONAL BENEFITS COMPENSATION FOR ANY CONVEYANCE OF AN INTEREST IN CONSERVATION COLLIER LANDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS. the Board of County Commissioners adopted the Conservation Collier Ordmance 2002-63 on December 3, 2002 pursuant to a referendum '0 acquire, protect, restore and manage enviroMlcntally seDsitive lands in CoUier Count)'; and WHEREAS, the BOllld of County Commissioners has acquired over 400 acres of land for long-term conservation using these funds; .wId \VHEREAS. the Board of County Commissioners has previousJy determ.iae~ that the public interest is best served by these lands being preserved and managed as preserv~- , or for conservation forever, and that the best means of ensuring pennanent preservation is j to provide multiple layers of protection for conservation lands through third pani. conservation easements., deed restrictions, and shared titJe~ and .- j VvtlEREAS, the Board of County Commissioners has determined that the public ., interest may be served in certain circwnstances by allowing ponions of lands a~uiTed. , through the Conservation Collier Program (Program) to be dedicated to other pubiic US('~.J when such dedication results in an exceptional benefit to the Program; and WHEREAS, th~ Board of County Commissioners htiS determined that an exceptional benefit to the Program can only be ensured by requiring that all conveyances of an interest in Program Lands be offset by: 1) lhe acquisition and transfer of lands into the Program and the permanent preservation of higher quality environmentally sensitive land~ greenways or open space or water resource lands of greatc:r 8CR2Ige or more suitable location than the interest in conservation lands conveyed, 2) payment, or 3) a combination th~f; lUld WHEREAS, the Board of County Commissioners has determined that it is desirable to establish a public process and procedW'c for approving Other-use Dedication(s) of Program Lands when such dodication(s) is necessary to the public intereSl and results in an exceptional benefit to the Program. NOW, THEREFORE, BE IT ORDAINED BY DiE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section I, SHORT TITLE. INTENT, APPLICABILITY. AUTHORITY: 1.01 This Ordinance shall be known as the "Conservation Collier Exceptional Benefits Ordinance." 1.02 It is the intent of this Ordinance to recognize that while the public interest is best served when the Program Lands as defined in subsection 2.01 are allowed to remain as conservation lands in perpetuity, the: public interest may also be served in certain circumstances where portions of Program Lands, subject to existing grant restrictions or partnership .greements, are dedicated to other public uses thereby. providing necessary public infrastructw-cin addition to an exceptional benefit to the Program. 1.03 It is the intent of this Ordinance to recognize that Other-use Dedications of portions of Program Lands that fail to result in an exceptional benefit to the Program as defined in subsection 2,04 are not in the public interesl and shalt be prohibited. 1.04 It is the intent of this Ordinlmcc to provide a process and procedure whereby the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) can evaluate and make . recommend'lion at a publicly-noticed meeting to 1he Boord of County Commissioners as to whether Other-use Dedications of portiuns of Conservation Collier Lands provide an exceptional bcncfillo the Program. 1.0S The proviSiOns of this Ordinance apply to the Conservation Collier Lands as defined in subsection 2.01. 1.06 It is the intent of the Board of County Conunissioners that this Ordinance be construed 10 ensure the long-term protection and preservation of Conservation Collier Lands tIuough the application of the criteria contained herein. 1.07 This Ordinance is adopted under the authority of Chapter 125, Florida Statutes. The CounlY Manager, or his designee, shall administer this Ordinance, Se<lio. 2. DEFINITIONS: 2.01 Program Lands are those lands acquired in whole or in part from funds oblained from the Conservation Collier Trost Fund as allowed by Ordinance No. 2002-63, as amended, as well as lands donated to the Conservation Collier Program. 2.02 DedicatiolUl (Odler~use DedicatioDs) means: I) a conveyance of fee simple interest of Program Lands or an easement interest in Program Lands to an entity other than Collier County or 2) a change of Lhe primary use of the Program Lands from conservation and prt:scrvation to some other use which benefiu the public so long as fee simple interest remains in favor of eo mer County. 2.03 laterest in PrognulI Landa means a fee simple interest, easement, right-.ofaWA)\ or a formal declaration of a use not initially intended for the: property acquired as conservation lands. Uses not initially intended include, but are not limited to, utility systems and faciliti.es and roadways. 2.04 Eu~eptional Beoefit 10 the Prognm means that the proposed Other-use Dedications of portions of Conservation Collier Lands is consistent with the goals. objectives and policies of the program and is offset by the transfer into the Program of foods, land, or a combination thereof that results in a greater value or acreage for the Program. SeeIlo.3. PROTECTION OF THE CONSERVATION COLLIER LANDS: 3.01 A governmental entity, including the County actinK through one of its departments, m.y ~quest an Inte~st in Program Lands by submitting a wrinen petition to the County Manager or his designee on behalf of the Board of County Commissioners. Agenda Item NO.1 OF June 24, 2008 Page 10 of 26 3.02 The County Manager or his designee will bring lhe petition to the CCLAAC who will evaluate and detennine in a public forum whether a potential Other-use Dedication of portions of Conservation Collier Lands provides an Exceptional Benefit 10 the Program prior la any disposit.on of Program Lands. 3,03 The Petition Fonn shall: A State the public purpose for which the Other-use .Dt:dication is being requesled. B. Provide a hislory and discussion of the alternatives to requesting the specific interest in Program Lands and demonstrate with supporting documentation as 10 why other allematives are not acceptable. C. Demonstrate v.;rn supporting documentation that the requested Other-u.~ Dedications of portions of Program. Lands takes the minimum acreage and, to the maximum extent possible, minimizes dclcteriow intrusion. preserves higher quality or acreage of lands than those sought if a land exchange is being offered, impacts the lowest quality habitat, and avoids habitat fragmentation, noise and light pollution that would adversely affect the adjacent remaining Program Lands. D. Demonsuate with supporting docwnentation a substantial public need for the particular interest in Program Lands requested. "...hy there are no acceptable alternatives to meet thl;: need, why the competing pubHc use must occur at that location. and how the Othcr~use Dedications of portions of Program Lands will he offset lo enSllre an E:x:ceptionaJ Benefit to the Program. E. Demonstrate how the Other-use Dedications of portions of Program Lands will not adversely affect an)' State or Federally listed species. F. Demonstnlte that the proposed compensation meets the goals and purposes of the Program and provides an Exceptional Benefit to the Program. G. Include the current \'alue of the land to be acquired as provided for in Section 4.02. 3.04 Prior to any action b)' lhe Board of County Commissioners regarding the OLher~use Dedications of ponions of Program Lands, the CCLAAC, (lr its successor(s), sh<lll review and prepare findings and recommendations on the proposed compensation pursuant to Section 4 of this Ordinance to determine: I) whether any substitute lands offered meet the criteria for acquisition under Ordinance 2002-63. as amended, Section 10; 2) ~TIether the ~ubstitute lands offered meet the purpo~$ for which the affected Program Lands were iniliaUy acquired; and 3) whether the proposr::d cornpenslIlion pursuant to Section 4 provides an Exceptional Bcnelit to the Program. The CCLAAC shall make its findings and reconunendations no later than 90 calendar days after receipt of the petition by the County Manager or his designee. If the affected Program Lands an: wi1hin municipal boundaries, the petition for conveyance of an interest in Program Lands shall be submitted for review by that ffiWlicipality. The municipality shall have 90 calendar days from receipt of the request by its mayor or manager to provide comments and recommendations to County Manager or his designee, who shall provide copies of the comments and recommendatiuns r<<eived from CCLAAC and the applicable municipality to the Board of County Commjssion~r:s at the public hearing where the petition for Ocher-use Dedications of portions of Program Lands is being consJdered. Agenda Item NO.1 OF June 24, 2008 Page 11 of 26 ),05 If the CCLAAC bas been disbanded, the Pelition will proceed directly to the Board of COWlty Commissioners and/or Mayor of any affected mWllcipaljty to request approval. 3,06 To recommend approval of the petition, the CCLAAC must determine that A. There is a substantial public need for the Other-use Dedications of portions of Program Lands; and B. There is no viable or reasonable alternative to meet the need other than the use of Program Lands; and C. That the requested Other-use Dedications of portions of Program Lands is the minimum acreage neCCSS811' and, to the maximum extent possible, preserves higher quality or quantity lands than those sought if a land trade is being offered, impacts the lowest quality habitat. and avoids habitat fragmentation. noise, and light pollution to the adjacent remaining Program Lands; and D. That the proposed compensation meets the goals and purposes of the Program for acquisition and is Sl.ltT1cient to ensure that the proposed conveyance will result in an Exceptional Bcncftt to the Program; and E. That the proposed conveyance of an interest in and use of Program Lands does not adversely affef;.,1 any State or Federally listed !:opec.:ies; and F. That the findings in this subsection A. through E. are expressly set forth along with the written commitment providing for compensation. ),07 If CCLAAC find, that the Pelllion rails to meet any of the requirements of Section 3.06 Oflhis Ordinance, the CCLAAC shall recommend lhid the Board of COWlty Commissioners disapprove the petition. 3,08 The Pelltion shall be brought to the Board of County Commissioners at a publicly-noticed meeting in order to review and consider the recommendation of the CCLAAC and to delcnnine whether the criteria set forth in subsection 3.06, A.E of this Ordinance has been met. An attirmative finding as to each criterion is n~cessary for the Board of County Commissioners to approve any Petition. 3.09 An affirmative vote of foW'.fifths of the full membership of the Board of County Commissioners shall authorize an appropriate conveyance of an interest in, Or easement over, or dedaration of other public:: use. on lands held for the Program. Seclion 4, COMrE:-iSATION FOR INTERESTS IN rROGRAM L~'1DS: 4.01 In order to ensure that the conveyance of an interest in Program Lands results in an Exceptional Bendit to the Program, the proposed conveyance must be offset by the acquisition and transfer into the Program of land or payment of funds thu.t sutisfics the definilion of an Exceptioflal Benefit a.c; ~rated in :;;ubsection 2.04 of this Ordinance. 4.02 The value of me land IO be acquired as compensation for the use of Program Lands shaH exceed the current value of me Program Lands proposed for other use. The current value of the interest in Program Lands sball he detennincd by tho pun:base policy as set forth Ln Sl:Clion II of Resolution 2003-195, and as superseded. If the net value of the land to lx: acquired as compensation for the use of Program Lands does not exceed the then current value of the Agenda Item No, 10F June 24, 2008 Page 12 of 26 Program Lands proposed for other use, the difference shall be made up monetarily. and those funds shall be remitted to the Program. 4.03 Land or funds, or some combination of both, conveyed into the Program shall exceed 100% of the value of lands or interest in lands proposed for conveyance out of the Program. In valuing the interest of Program Lands, the value of any development rights originally purchased shall be included. 4.04 With exceptions as approved by the Board of County Commissioners, if less than five (5) acres remain as Program. Lands; the entire parcel may be purchased. 4.05 Quality of habitat for land offered as compensation fOT Environmentally Sensitive Lands as defined in Section 5.6 of Ordinance. No. 2002-63, as amended. also known as the Conservation Collier Ordinance. shall be determined by the rarity and diversity of native ecosystems. [Wlction of the habitat in tenus of its abilit)' to suppon wildlife, adjacency to or conm.'Ctivlty between exiting Program Lands. and the presence of State or Federally listed species. If the affec1ed Program Lands arc not Envirorunentally Sensitive Lands, as det1ned in Section 5.6 of Ordinance No. 2002-63, as amended, the land offered for compensation pursuant 10 Section 4 of this Ordinance shall satisfy or exceed the purposes served by the com'eyed Program Lands according to rhe acquisition criteria in Section 10 of Ordinance No. 2002.63, <L", amended. 4.06 Compensation pursuant to this Section shalt be provided at the time of Board approval of any Other-use Dedication or transfer of interest in Program Lands. 4.07 The party acquiring the interest in Program Lands shall be responsible for aU associated costs. including but not limited to, costs of appraisals, environmental surveys, boundary surveys, documentary stamps. costs of recording, title commiancnts and title insurance. These costs are not deemed Lo be part of the Exceptional Benefit valuation. SKtion 5. ~X.EMPTIONS: The: following circum:)tances shall be exempt from the foregoing process as set forth in Sections 3 and 4 ofthl5 OrdjfU1Dce. 5.01 Conveyance of an interest in Program Lands where the affected Program Lands will benefit by providing public access where there was previously no reasonable public access. 5.02 Conveyance of an interest in Program Lands allhe time of. and as part of, the acquisition process is exempt from this Ordinance. 5.03 Conveyance of a conservation easement to a govenunenl or a non- profit conservation organization for the purpose of permanent preservation is exempt from this Ordinance. Section 6, CONFLICT AND SEVERABILITY, In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law. the more restrictive shall a.pply. (f any phase, or portion of the Ordinance is held invalid or unconstitutional by any court of compeLenL jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder portion. Agenda Item NO.1 OF June 24, 2008 Page 13 of 26 Agenda Item No, 10F June 24, 2008 Page 14 of 26 Section 7. INCLUSION IN THE CODE OF LAWS AND ORDINANCF_'l: The provisions of this Ordinance shall become and be made a part of the Code of Laws and OrdinBIlces or Collier County. Florida, The ....nons of the Ordjnance may be renumbered or re-Iettered to accomplish such, and the \l,Tord "ordinance" may be changed to "section:' "articlc.~' or any other appropriate word. So.lion 8, EFFECTIVE DATE: The provisions. of this Ordirumce shall become effective upon tiling 'YrIith the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of - " Collier County, Florida this .;/ ~ day of N.,,,,,1r,2006, Anest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ~~d~( Ble ~~ --::;J~..... FRANK HALAS, Chainnan Depuly Clerk , Attest IS tll C1Ia .....n , 51Qr-'ttllor-" ~n)" Approved as to Form and Legal Sufficiency: ~('~ H ~...__ ;_lfor A &lpc:di Assistant County Attomey This ordfnonctl filed wi,., the 4~'C'"V ~f_ Slote's OHice tho . oo.,Id({t'~ . ;001", o,nd ocknowll!:dgell1t.34il' 1h~11 :~ day By o.c. . Agenda Item NO.1 OF June 24, 2008 Page 15 of 26 STATE OF FLORIDA) CO~-rY OF COLLIER) I, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit. Collier County, Florida. do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006-58 Which was adopted by the Board of County Commissioners on the 28th day of November, 2006, during Regular Session, WITNESS my hand and the official seal of Lhe Board of County Commissioners of Collier Cou~ty, Florida, this 30th day of November, 2006, DWIGHT E_ BROCK , ,'. ,',,- Clerk of Courts and Clerk . Ex-officio to Board of County Commissioners, .'" , Cku h~a.~-~ By: Ann Jennejohn,' 'jO \)~f~(' Deputy Clerk , Legend DplOJectBoundary C]parcell Managed Areal _TIITF Proposed Don"lon. _BOnMBay gCllyGate _NaplesReserve Belle Meade Ownership Map N W(@E S 1,800 1.800 3.800 5,400 I inch e'l"n/sI.flOtlfte, C""l --0 {c$'" globalmind {~f." ...,,,,-- Agenda Item NO.1 0 June 24, 200 Page 16 of 2 Agenda Item No, 10F June 24, 2008 Page 17 of 26 August 2007 Report of the Florida Forever Program Prepared by the Office of Environmental Services of the Division of State Lands, Department of Environmental Protection, in cooperation with Florida's Acquisition and Restoration Council August, 2007 Agenda Item NO.1 OF June 24, 2008 Page 18 of 26 The August 2007 Report of the Florida Forever program is prepared for the Board of Trustees of the Internal Improve- ment Trust Fund of the State of Florida Governor Attorney General Chief Financial Officer Commissioner of Agriculture Charlie Crist Bill McCollum Alex Sink Charlie Bronson Prepared by the Division of State Lands, Florida Department of Environmental Protection Agenda Item No, 10F June 24, 2008 Page 19 of 26 Contents Introduction and Abstract ,......'...,.........."..,.....................".....,...".....,.,..........,.....,...,........ 6 Abstract of the August 2007 Report ...,'",.."..................,..,.."".,.....,....,....,.."..,....,......"..,. 7 Explanation of the Project Summaries Information .....,'............,...,.........,............,....,..... 8 August 2007 Priority List of Florida Forever A and B Projects ................,....,..,..,......,... 11 Locator Maps of Florida Projects on the A and B Lists ,.................",.......""....,.....,...... 13 Florida Forever Projects Changed in this Cycle ....,........,............."...,........................... 15 ARC Members and the Support Staff ....',...,."..........,..,.,..........,..",......................,........,. 16 Adams Ranch ,...... ...,.. ".. ,.,..".",., ,.. ".., ,.., ,., """.......,.,.,...,...,..., ".. ,.."...".,..,.,'....,.. ",.,...... 18 Annutteliga Hammock ",." ".,..", ..,.." ,., ".."." ..."".."" ,.,.., """.... ,.. '.',.".", ,.., '.....".......,..,., 21 Apalachicola River ".., ".,..", ".., ,..,.., ,.,., ......, ,..' ,..., ..,.., """,. ,.,., ,..." .."",.",...",.." ,..", ..,.".. 25 Archie Carr Sea Turtle Refuge ...,.........."...."...".."..,.......,...',..,..............,..,..""......,,....... 31 Atlantic Ridge Ecosystem ,..,.........., ,...,...., '.......,.... ...........,..' .'",....".... ...........,.."..., ,...,... 39 Baldwin Bay/St. Marys River .,....,.,................,..,.,..,..,...,..,.....,.............".,.......',............... 42 Battle of Wahoo Swamp ..........,..........,.......,.................,....".........,..,.,...,.......,.......,......,.., 46 Bear Creek Forest ,.,..., "" ,.,.,.,., ,.....,...., ..,......"..... ,..,.,..,......,.....,..,...,.... ..,..........,." ,........, 49 Belle Meade .....".,'." ..",.....,.. ,.. "'....,, ",..,."....,.,...".. ,.., ....,.......,......,............ ,.,..,., ,.. ",..,.'", 52 Big Bend Swamp/Holopaw Ranch ,......,....,....,................,.,'..........,..,......'..."...,....,....,.., 56 BJ Bar Ranch .., ,.",... ,.. ,..".,.'"." ,..."..,."."......,. ,.., "",...,.... ,.,'..,.."""'.""".......,..,,.., ,.....", 60 Bombing Range Ridge .......,..'...........".."."...,..'",..,.....,.....,.........."..,........,......,......,..".. 63 Brevard Coastal Scrub Ecosystem .........'..'..,.,...,....,...,....,....,.................,'.,..,....".,..,..... 69 Caber Coastal Connector ,....,........"..",...,.........,.."..,..,..."""",.",.....,......"....,..,.....,.,..,.. 77 Caloosahatchee Ecoscape. ,...""""..".."...,...,.. ......" ,.."..., .."". ,."...' '" ".., ...,.....,.,...,....", 81 Camp Blanding - Osceola Greenway ,......,.,.......,......""......,.".....,...,....,.,..............,........ 84 Carr Farm/Price's Scrub ..,........,..,....".,....,...,....,......,.,....",....,.............,.......,.....,..........'.. 91 Catfish Creek, ,..,..",."..". ..,.., ..",.. ,.", "."""",." "'" ",.., ,.,. ,......"...", ..,."",., ..,....,..,.""."..... 94 Charlotte Harbor Estuary "....,..,..,....,..,..,..,....,..,..,....",...."..,....,..,..,..",..,......"..,....,........ 97 Charlotte Harbor Flatwoods ,..,........,..,...,.",......"'.'..,..,..,..",,.........,.......,.......,.............. 104 Clay Ranch ..,... ".."..,.., ,........ ..." ,.,.... "" ,.., ,... ,....,'.. ....., ....", ..........',...." ......'....,..,.. " ,...... 107 Clear CreeklWhiting Field "....."..,......."..,............,."""..,..,....,......,......,...."....,..".,.,...... 110 Corkscrew Regional Ecosystem Watershed '..",...."..,......"..,.........,..,..'..,..,....,..,........ 113 Coupon Bight/Key Deer '....""",."....""..',...."..'"",..,..,.."..",...,..,..,.,........"................... 116 Dade County Archipelago ..,..........".......,..............""".,..,..,...,..........,..,.......,.."......,.....' 119 Devil's Garden,....." ,.......", ,....., ..,......... ..,..,.. ,..........,.. "." ....., .......,...,....,..,...... ".. ,.. ,...,.... 133 Dickerson Bay/Bald Point,....""..,..,..",..,...............,.....,....,....."..".,..,...........,......,.....'". 137 Econ-St. Johns Ecosystem ..........."..'..,....".."..,....."...........,.'.......,....,..,..,.,.,..."..,....... 141 Escribano Point ",., ,..,.. ,.", "" "",..,.... ,....,.,..., ,......, '.,.',..'.." "",.."...", ..., ,.... ".. ,., '.,....,.,..., 144 Estero Bay",.....,... ,..".. ,."" ,.".." "..".,.." "...""., ,..." '..'.',., ",.., ..,. ,..""..." ,. ,..,., '. ,..,.." ,...." 148 Etoniah/Cross Florida Greenway ....,..'."............,.."....,...,....,.........,..,.....",...."......,...... 151 Fisheating Creek Ecosystem ...."..",..,........",..,....',......,.....,..,.............,....',..,...,...,.",...160 Flagler County Blueway ..,..,.......,..,..............,.,.,.'....",..,........,............."".."...."",........, 163 Florida's First Magnitude Springs .."...,..'..'...,..",..",.."",..........",..,...'"....,.....,...,.."...., 172 Florida Keys Ecosystem ..".".."....,..,.....,.....,...",...........,..,....,..".."",..............,..".....,.., 193 3 Agenda Item No, 10F June 24, 2008 Page 20 of 26 Introduction Background & Status Florida Forever is the state's most recent blueprint for conserving our natural resources. It replaced the highly successful Preservation 2000 Program, the largest program of its kjnd in the United States, Preservation 2000 acquired more than 1,78 million acres ofland for protection, The Florida Forever Act, implemented in 2000, reinforced Florida's commitment to conserve its natural and cultural heritage, provide urban open space, and bener manage the land acquired by the state, Florida Forever is more than an environmental land acquisition mechanism. It encompasses a wide range of goals including: environmental restoration; water resource development and supply; increased public access; public lands management and maintenance; and increased protection of land by acquisition of conservation easements. The additional $3 billion investment over the next decade demonstrates Florida'5 continuing commitment to protecting and restoring our vital natural resources. Our state continues to be the model for other states when developing land acquisition programs of their own. Florida is at the forefront of the nation's land protection efforts, Legislation & Policy In 1998, Florida voters amended the state constitution by ratifying a constitutional amendment that re- authorized bonds for land acquisition, The 1999 legislature responded with the I O-year $3 billion Florida Forever Program to acquire and manage land for conservation. In 1999 the Florida Legislature also created the nine- member Acquisition and Restoration Council (ARC), which makes recommendations about acquisition, management and disposal of state-owned lands. This important advisory group includes private citizen members, in addition to five state agency representatives with backgrounds in scientific disciplines ofland, water, or environmental sciences. The Governor and Cabinet, as the Board of Trustees of the Internal Improvement Fund, are responsible for acting on ARC's recommendations. The Board also approves the acquisition of each parcel and has ultimate oversight on state lands leases and management plans, The Department of Environmental Protection's Division of State Lands provides primary staff support for the Acquisition and Restoration Council. It coordinates Council meetings. prepares agendas and reports, prepares or obtains appraisal maps, title work, appraisals and closing documents for acquisitions, and negotiates land purchases on behalf of the Board, The Division also provides staff support for managing all leases, reviewing and approving management plans, and coordinating management review team functions for state lands titled to the Board of Trustees, Partnerships The state's land acquisition programs have a long lristory of cooperative partnerships with local and national land trusts, counties, cities and other local governments, as well as the federal government. The successful acquisition of many state projects was a direct result of these partnerships, Nearly all of the projects on the Florida Forever list have partners. Partnerships with local governments have increased in recent years, Of Florida's 67 counties, 28 have land acquisition programs (please see Addendum), Voters throughout Florida have approved local referenda to raise nearly $1.5 billion to acquire environmentally sensitive and recreation lands. These local government initiatives have dramatically enhanced the state's ability to protect its remaining important natural areas. Results With the passage of the Preservation 2000 and Florida Forever Acts, the State of Florida has one of the most aggressive conservation and recreation land acquisition programs in the United States and the world, Over the past thirty years, Florida has invested approximately $6.8 billion to conserve approximately 3.7 million acres ofland for environmental, recreational and preservation purposes. This has been accomplished with several programs, including the Environmentally Endangered Lands, Outdoor Recreation, Save Our Coasts, Save OUf Rivers, Conservation and Recreation Lands, and Preservation 2000 programs. Thanks to Florida Forever, miIlions of Americans can enjoy the outdoor experience and know that Florida is continuing to protect and create safe havens faT its many endangered and threatened plants and animals, 6 Agenda Item NO.1 OF June 24, 2008 Page 21 of 26 Proposed Acquisition & Restoration Council Florida Forever Project List for August. 2007 G'OUp A Pro,E!cts eel Name nty Adams Ranch ILTfl Osceola Analachlco/a River IFFlL TF1 Ubertv I Gadsden I Calhoun I Jackson Allanbe RidQe Ecot;vstem (Ffl Martin Baldwtn Bay I St, Marvs Riyer IFF1 Nassau J Duval Belle Meade IFF) Coil"" Bin Bend Swanl1. HoloDaw Ranch (LTF I FF) Osceola B J Bar Ranch ILTF) Putnam Bambino Rance Ricloe (FF I L TFt Polk J Oso""la Brevard Coas1aI Scrub Ecosvstem (FFI SH) Brevard Caber Coaslal Connector (FF) Levv Camo Blandino - Osceola Greenwav(FF/ LTfl Baker / Umon /Bradford I Clav Chanone Harbor Estuarv ISH) Charlotte f Lee I Sarasota Clav Rant:It ILffi Putnam Clear C_, Whibno Field IFF) Santa Rosa CorXscrew Reaional Ecosystem Watershed iFFl Collier I Lee Gauoon a..ht J Key Deer ISH} Monroe Devll's Garden (FA Hendrv I Collisr Econ-St. Johns Ecosvstem (Ffl Seminole / Oranoe Escribano Paint (FF) Santa Rosa Estero Bay IFF! Lee Etoniah I Cross Florida Greenwav (L TF IFF) Putnam j Marion I Clav I Lew I Citrus I FISheatlM Creel< Ecosvstem IL TF) Glades! Hiohlands t Flaoler Counlv Blueway IFF) Raoler I Flonda KeY< Ecosvstem IFF1 Monroe Flonda NatJonal Scenic Trail IFF) Columbia Florida Serinas Coastal Greenwav IFF) CItrus Flonda's First Magnitude Springs IFF) Bayl HemandoJ Jackson/Lafayette! Leon! Levy! Madison! !v\anonl WakuHaf Suwannee! Washinoionl Walton Garcon EcosvstBm (FF) Santa Rosa Green Swamo (l TF'l Lake ! Polk lchetucknee Trace iFFl Columbia Indran River Laooon Biuewav IFF) Volusia I Brevard I Indian River 151. Luciel Martin Lafayene Forest IFF) Lafayene I Lake Santa Fe (FF) Alachua I Bradford Lake Wales RidQe ECOSYStem (FFf L TFI SHl Hinhlands! Polk I Lake I Osceola Mill Creek (L TF) fv1anon North Kev Laroa Hammocks (SH) Monroe North Nokuse Plamation (l TFl Walton Northeast Flonda 81uewav IFF1 Duval (51 Johns I Ranier Norttreast Rorida Timbenands and Walershed Reserve IFF I LTF) Nassau f Duvall Clay Clcttlockonee Bluffs (LTF) Uberfv Ochlockonee RiveT Conservation Area IL TFl Leon Okeechobee Battlefield IFF} Okeechobee Osooola Pine Savannas IFF I L TFl Osceola Panther Glades IFF/ L TF) Hand;'; Perdido Pitcher Plant Prairie (FF) Escambia Pierce Mound Comolex iFF) Franklin I Pronllse Ranch (L TF) Lake PumDkin Hill Creek IFF) Duval Rambow Riyer COTlldor IFF) Marion Soultt Goe1he IFF) Lew / Marion Soruce Creek ISH} Volusia SI. Joe Timberland IFF) Gadsden / Gulf / Franklin / Leon I Wakulla / Liberty / Walton/ Bav { Jefferson I T avler I Washjnaton Pro, Coo ~. (FF): Full-Fee: Pl'Olects proposed to be plJrchased In Fee Simple. (L TF): Less- Than-Fee: property stays with the owner, but conservation easements or other means preserve the environmenlal value 01 the land. (SH): Small Holdings. projects made of small ownerships with individual values generally not exceeding $1,000,000. 11 ~ , \J "".Pl....fIII . ~ ~,,;'" (; ~i { I " -' H " '4-. ,1...<' , .1 j ,~ Agenda Item No, 10F June 24, 2008 Page 22 of 26 , I J 1:1 H , (j l' t' " If sv.:m'\"lDE DiSTRIBUTION OF FLORIDA FOREYER BOT PROJECTS. GROUP A JUNE 2007 ., 1. :.::1.amsR..,n::h ~_ :.pilla::h<x~a ~I~'er MI"rlfit Rill;,' E::)!..',".tr!!Tl 4. B:Jld\\:r, Bav,' St. r"ar,'S MJ\-er 'i ~!1'!"1li"i1~1t" ::.. Bt;! 6enj s..'amp,'H~:c'll"'" Ran:h :. f!] Bal RlIn;h 5. e...-rnt-rq FlLl~e I.:ld~ P. Ell I?'anj ::oast;;t SCI ub E'OS~'~[el) 10. (abtl'" (c"stal::o~t~ hlCt 11. Carrc-' ela."'oOlng - OsceCla :.:;r':!errl/a-~' 12. O'lo'ulp~ k,rhur t,blo1l"\' 13. Oa'i Ran:h 14 lJ~N ("~kr...hitil~ F,!,.1ij 15 Cc:rY.SI>:re-.... k":QIIJI""l<11 ED:-~ftJtj\'.'oJl:'=r.:~ hi .::oupon EightlKe-,. ~et' 17 De""I'~ G:Jrden la. t(on~St Jct'r,s E~::o5't'S.:tern 19. r'~/JilJ.1r'l(~ Puillt JJ. ~te.:o E!ay 21 ~t)fI'l'lhiCr~!j A'Jlillil Gr~lh~rl)' 22. H~.nJnQ ::reoel; E(~y~rn. ::!J. Aagler c':l.Jn~ BIU!:way H, RCl1tJ.1~. Hr~'t f>.1i1ljnifu:J,t Sj:;nr".JS 2.5. F\.3,da r.e.{S Ec':~'r'StelTl 2F.. ~;:(1d.1 No1t~:)'~11 ~_I"n" Tr.1il r. F10rda Sp'1rqs:::oa:;:tal Green~...a\' :'8. GarU:t' E::::E,'S1'elll 29, (j~n S'/I<l1TC JD. lchetl...:kfJeE> Trace lL. Jl"dli.Yi P.wo:r L....~~n Bll~W<1'" 32. Lafa',-ett.e Fo~ n. l,~h~ .5.1nt.1 ~~ 34. Lale ....~es Rid?,,! Ecc!ystefTl 1<;. ,,"IrJl Cr!"t:'1o: J(,. North Kr( L,yqQ H;]mrn..-d:s- 37. t~Qrtl1 tlokll:5e PL;,,-,tatiex. 38. ~~ort+w::~ Flood~ E\h.r.wJ\I 39. NortheDSt ACflda Timtll!,lar.js 3r"d ',,'''dh'!'r~.III:'d R~,(Ior,'(': -roo O::hlc,=."onee 5t..m 41. ()ff1I(1,knr~ ~l"r-:r ('L;f15t'r.'ati~"1 ~(f 13 '~2 :M<~cho~e B.1tt1ef1eld "l3. o:.:-salii Pif)f !;a...annas +to f',ll1ft-.:orSldd~ 45" t'erjlx. Prtd".ef Plant Pralne ~ Poo!:'rt,=, 1'-'llu"I,I~lTlTlp~' 4.1. PromIse Ran:tl 4:!. p....Il'~kf"1 Hill -::eek ~ R...,.rbo", HJ"-':f Comct-:lr 9:1. SCllth Goe.tre Sl Scf"...r::e Cttek 52. St. _'be Tlnt:-erlin.1 ~J. St. )uhn~:' ~...~ !;iIl.lr:"""Y 54. Telra tela r;s, T'Ql"'r,"Littllllj' T';Fr hld'd So$ Twd\'emlle Slou-;!h 57. UJ)l:e, St. '''al~.s Rh~1 Ctmid::.r- sa. '.'du:;'(iJ (on~r"<1b~ Comdor 59. v.'a.:.,:.!.a,'A>....dlla Rr.'8" 5i,,~s OO.~f..i1kUlln 5Ilnn;r. Pr~I:v.:;r~ :~Jlll:! 61. .....'et,l...a..~caa ::<een"""'r' 52. .....~Ik::lW RM:,t R,~'IIT'r:'.~ Belle Meade - Group A/Full Fee Belle Meade Collier County Purpose for State Acquisition The cypress swamps and old.growth slash pine flatwoods in the Belle Meade project, extending to the fast-developing suburbs of Naples, are still important for such endangered wildlife as Florida panthers, red- cockaded woodpeckers, and Florida black bear. Selle Meade is also the watershed for Rookery Bay, The Belle Meade project will conserve the westernmost large natural area in southwest Florida. protect some of the southernmost populations of several rare animals, and help protect the quality of the suhtropical estuary of Rookery Bay, while providing a large area for recre- ation in a natural environment to residents of and visi- tors to rapidly urbanizing southwest Florida. Manager Division of Forestry (DOF), Florida Department of Ag- riculture and Consumer Services. General Description This project includes some of the most extensive ex- amples of old-growth wet tlatwoods (hydric pine tlatwoods) in southwest Florida. and high quality, un- disturbed subtropical dwarf cypress savanna communi- ties, a plant community type endemic to southern Florida not within other projects, The hydrology of the hydric pine tlatwoods and dwarf cypress communities \\'ithin the project is relatively intact. The project will protect habitat for at least 20 FNAI-listed plants and animals, including the Florida panther, red-cockaded woodpecker, and Florida black bear. Three archaeological sites have been recorded within the project boundaries, and other sites may be present. The project is vulnerable to changes in the timing and amount of water flowing through it. Residential and commercial development spreading from Naples is the primary threat. FNAI Elements Red-cockaded woodpecker G2IS2 Florida panther G4T1/S1 Bald eagle G3/S2S3 Gopher tortoise G3/S3 Bird's nest spleenwort G4G5/S 1 Cow-homed orchid G5?/Sl Delicate ionopsis G4G5/S1 Ghost orchid G?/S2 20 elements known from oroiect Agenda Item NO.1 OF June 24, 2008 Page 23 of 26 Group A Full Fee Public Use The project will provide a state forest with uses such as hiking, hunting and nature appreciation. Uses will be limited during the wet seasons. Acquisition Planning On December 10, 1992, the Land AcquisitionAdvisory Council (LAAC) added the Belle Meade project tn the Conservation and Recreation Lands (CARL) Priority list. This fee-simple acquisition, sponsored jointly by the Department of Natural Resources (DNR) and the Conservancy, [nc" consisted of approximately 40,846 acres, 762 parcels, 504 landowners, and a 1991 taxable value of$62,933,000, On July 20, 1994, the LAAC approved a r 11,985-acre deletion, requested by DEP staff, to the project boundary, The deletion covers the area north of 1-75 from the project. It also removes the Collier property and the property to the south adjacent to SR 95] from the project. The approximate taxable value of the deletion was $18,465,769 based on the] 991 value. On December 7, 1994, the LAAC was presented with and approved the revised project boundary \',Fhich reduced the total acreage of the current boundary from 23~500 to 17,800 acres. The revised boundary included two additions to the current project boundary~ approximately 640 acres in the southwest corner and 160 acres in the southeast comer. Approximately 500 landowners remain in the revised boundary~ close to 41% are owners of tracts to acres or less in size: 53~/o are ovmers of tracts betwecn 10-40 acrcs; and 60'/0 are owners of tracts greater than 100 acres. Placed on list Project Area (Acresl Acres Acquired 1993 28,810 17,538 $38,391,158 11,272 at a Cost of Acres Remaining with Estimated (Tax Assessed) Value of $16,705,104 52 Agenda Item No, 10F June 24, 2008 Belle Meade. Group A~ "'&.1 26 * 3J i 34 8' ! s . 6J 9 , d 1~ I ZO' 21 BELLE MEADE COLUER COUNTY D r;:mrht r: :lIe'.'r,' He," Pftl~'ct 13uw~=at.,. _ AcouiH:"'j _ ~I Parcd:..)~ _ Other Forelo'er BOT Projects ~ State D.med l.""di ~t:.... , r ~",._~"". ,.' 1; I.) I,. ., r l.I,";. i.,'/.' " Stale- Aqu;shc PI e$et....e o , 1 2 4 , Mil.. Al..LIJ5T 2000 53 Belle Meade. Group A/Full Fee On July 14, ] 995, the LAAC approved a fee-simple, 2,220-acre addition to the project boundary, It was sponsored by the three landowners, consisted of20 parcels, and a ]994 taxable value of$2,964,000, The acreage was included in the original project boundary, but later deleted during the redefinition of the project boundary by the Belle Meade Work Group appointed by the Council in ] 994, The Work Group consisted of landowners, representatives of local governrnent~ the water management district, state agencies and others with local expertise, The boundary recommended by the Work Group included what were thought to be primarily willing sellers - approximately 500 ownerships, On July 16, 1996, the LAAC approved a fee-simple, 1,240-acre addition to the project boundary, It was sponsored by eight landowners, consisted of9 parcels, and a 1995 lllxable value of$2,048,664, On October 30, 1996, LAAC approved a "Landowner Request Zone" (in effect, all tracts considered on July 16, 1996), The zone defined areas in which a landowner may requ","1 inclusion in the boundary in writing, Highest priority must be given to parcels within the LAAC approved December, 1<)94 houndaries. On June 9,2006, the Acquisition & Restoration Council (ARC) moved this projectfrom Group B to GroupA on the August 2006 Florida Forever Priority list. Coordination There are no acquisition partners anhis time. Management Policy Statement The primary goals of management of the Belle Meade project are to conserve and protect unaltered wet tlatwoods and cypress s\\'amps that provide significant habitat for many rare and endangered species of wild- life, including the Florida panther; and to conserve and restore these important ecosystems, their significant wildlife resources, and their critical hydrological con- nection to the Gulf Coast through purchase because regulation cannot adequately protect them. The project Agenda Item No, 10F June 24, 2008 Page 25 of 26 will be managed under the multiple-use concept, with management activities being directed toward protec- tion of old-growth forests (using growing-season burns where necessary) and restoration of natural surface- water flows, The project, when completed, will link Collier-Seminole State Park and the future Picayune Strand State Forest and will approach the Rookery Bay National Estuarine Research Reserve; it will be large enough to achieve the primary management goals. Management Prospectus Qualificalionsfor slate designati"n The Belle Meade project has the forest resources (extensive areas of old-growth South Florida slash pine) and the location (twelve miles of common border with the Picayune Strand) to make it highly suilllble for management as a state forest. Manager The OOF is recommended as manager. Conditions affecting intensity of management Por- tions of the project may require hydrological restora- tion, hut these activities will probably be conducted by the water management district. There are no other known disturbances that will require extraordinary at- tention. so the DOF expects its management efforts to be typical for a state forest. Timetable for implementing management and pro- l'ision.'f for ,'feeurit)' and protection of infrastructure Once the core area is acquired, the DOF will provide access for low intensity outdoor recreation. Initial ac- tivities include securing the site. providing public and fire management access, inventorying resources, and removing tra<;h. The sites' natural resources and threat- ened and endangered plants and animals will be inven- toried to develop a management plan. Long-range plans for this project wi II restore disturbed areas to their original conditions. as far as possible, as well a'l protecting threat- ened and endangered species. Some of the pinelands h:l\"e been degraded by timbering and require restora- tion. An all-season burning program will use. when- ever possible. existing roads. black lines. foam lines and natural breaks to contain fires. Timber management will mostly involve improvement thinning and regenera- tion harvests. Plantations will be thinned and. v.rhere appropriate. reforested with species found in natural ecosystems. Stands will not have a targeted rotation age. Infmstructure \viil primarily be located in disturbed 54 Agenda Item NO.1 OF June 24, 2008 Belle Meade - Group A~" l2e~f 26 areas and will be the minimum required for manage- ment and public access. The ~ivision will promote en- vironmental education. Revenue-generatingpotentiu! The DOF will sell tim- ber as needed to improve or maintain desirable eco- system conditions. These sales will provide a variable source of revenue, but the revenue-generating poten- tial for this project is expected to be low. Cooperators in management activities The OaF will cooperate with and seek the assistance of other state agencies, local government entities and interested par- ties as appropriate. Management costs and sources of revenue It is an- ticipated that management funding for this project will be appropriated from the CARL management fund. Budget needs for interim management are covered un- der the Save Our Everglades/Golden Gate Project.. Management Cost Summary Category Startup Source of Funds CARL Recurring CARL Salary OPS Expense OCO FCO TOTAL $0 $9,140 $0 $44,000 $0 $53,140 $0 $9,140 $0 $0 $0 $9,140 " ~ -:g. ...;:::~.. 4~ - ~;'!r.ff.; , , .' ~tn''''~ -,:/" 'I"" " ., ' ( . -,. '" .. . t" .." . ". ~ ..~/~ '~": J -: ,111 \.. ~1I:~atl,~ .~ \ ..' _~. ":;.' 1(,+ . Ii ,,~,,'f"1~~ ... 0;.... lo. - "J,:7 -~/j. J.t""f.l""'~': .r ~'1i1J'~''! . ~-- 55