Agenda 05/13/2008 Item #16E 6
Agenda Item No. 16E6
May 13, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve a Resolution
approving a policy for the acceptance of land conveyances by the Conservation
Collier Land Acquisition Program in the Transfer of Development Rights (TDR)
Program for the Rural Fringe Mixed use District (RFMUD).
OBJECTIVE: To approve a policy for acceptance of land conveyances by the Conservation
Collier Program in the TDR Program for the RFMUD.
CONSIDERATION: In 2005, the Collier County Land Development Code was amended by
ordinance 2005-49, to provide Bonus TDR Credits for RFMUD "Sending" lands for submission
and acceptance by County staff of a Restoration and Management Plan (RMP) with specific
criteria for conveyance of land in fee simpie to a federal, state or local government agency as a
gift. "Sending" lands are those that have already been deemed environmentally sensitive via
Growth management Plan identification. Additionally, the Conservation Collier ordinance
describes "Target Protection Areas" (TPAs) that generally satisfy the initial screening criteria
and meet the goals of the conservation Collier Program. "Sending" lands iay within those
described TPAs. In consideration of the above the Conservation Collier Ordinance, Policy and
Rules Subcommittee met to discuss a recommendation for a policy for acceptance of such
properties.
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The positive potential is that lands would be donated to the Conservation Collier Program
without land cost. However, it was recognized that each parcel should still be evaluated in
some fashion to determine whether conveyance would benefit the citizens of Collier County,
particularly in regard to long term management funding needs and potential for public use.
Conveyances are on a separate Comprehensive Pianning Dept. time table than typical
acquisitions and are already in areas considered appropriate for acquisition. Therefore, the
concept of ranking proposed conveyances with proposed acquisitions though the regular cycle
does not fit. The attached Resolution provides for a fast-track review.
The Ordinance, Policy and Rules Subcommittee met several times through 2007 and into 2008,
along with Comprehensive Planning staff and several property owners desiring to convey their
property for TDR credit, to develop a policy that was acceptable and fair for all parties. The
policy, as outlined in Section II, A-H of the proposed Resolution is the result of those meetings.
This policy was reviewed and recommended unanimously by the Conservation Collier Land
Acquisition Advisory Committee at its July 9, 2007 meeting, and again at its April 2008 meeting
with one minor change.
All conveyance proposals will be brought to the Board of County Commissioners for
consideration.
FISCAL IMPACT: Lands offered for conveyance will be evaluated for long term costs, with a
negotiation process for making sure anticipated management costs are discussed and captured,
with flexibility built in to acknowledge conveyances that are in very good shape. This process
will keep the fiscal impact fair to both the conveyor and the citizens of Collier County.
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LEGAL CONSIDERATIONS: The County Attorney Office has signed the attached Resolution
as being legally sufficient.
Agenda Item No. 16E6
May 13, 2008
Page 2 of 5
GROWTH MANAGEMENT IMPACT: Conveyance of conservation lands under the Transfer of
Development Rights (TDR) Program of the Rural Fringe Mixed use District is consistent with
and supports policies and goals of the Collier County Growth Management Plan included
within Objective 5 the Future Land Use Element and Policy 6.2.3 addressing preservation of
wetland systems.
COMPREHENSIVE PLANNING :JEPARTMENT CONSIDERATIONS: From the RFMUD TDR
program perspective, the gener'31 premise of Conservation Collier accepting TDR severed
properties in conveyance aligns with the overall intent of the Sending Land designation as it
relates to programmatic goals and objectives.
Through this proposed conveya:lce arrangement, eligible TDR participants will have a unique
opportunity to donate their property to a local governmental agency and be compensated for
doing so through the issuancB of two additional TDR bonus credits, e.g., Environmental
Restoration & Maintenance and Conveyance Credit.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Resolution establishing a policy for acceptance of conveyances of land under the TDR Program
pursuant to Ordinance 2005-49.
PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program
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Agenda Item No. 16E6
May 13. 2008
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E6
Meeting Date:
Recommendation that the Board of County Commissioners approve a Resolution approving
a policy for the acceptance of land conveyances by the Conservation Collier Land Acquisition
Program in the Transfer of Development Rights (TOR) Program for the Rural Fringe Mixed
use District (RFMUD)
5/13/200890000 AM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
4/18/2008 2:56 PM
Approved By
Mary Seck
Executive Secretary
Date
Administrative Services
Administrative Services Admin.
4/30/200810:38 AM
Approved By
Melissa Hennig
Environmental Specialist
Date
Administrative Services
Facilities Management
4/30/2008 4:21 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
4/30/20085:16 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/1/20087:24 AM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/1/200810:34 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/6/200811:51 AM
tile://C:\AQendaTest\ExDOIi\l 07-Mav%2013.%202008\16.%20CONSENT%20AGENDA \ 10... 517/2008
,Agenda item f"-lo. 16E6
May 13, 2008
Page 4 of 5
RESOLUTION NO. 2008-_
A RESOLUTION OF THE COLLIER COUJ\'TY BOARD OF
COUNTY COMMISSIONERS APPROVING A POLICY FOR
ACCEPTANCE OF LAND CONVEYANCES BY THE
CONSERVATION COLLIER LAND ACQUISITION
PROGRAM IN THE TRANSFER OF DEVELOPMENT
RIGHTS (TDR) PROGRAM FOR THE RURAL FRINGE
MIXED USE DISTRICT (RFMUD) 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 CoUier 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 identification and
protection of County's natural resources, including upland and wetland communities,
native plant communities, endemic species, endangered species habitat, water resources,
and aesthetic or other natural features; and
WHEREAS, protected lands include those that provide appropriate natural
resource-based recreational and educational opportunities. protect local water resources,
provide flood control; and
WHEREAS, the Conservation Collier Implementation Ordinance (hereafter
referred to as "Ordinance No. 2002-63. as amended") has described Target Protection
Areas (TPAs) as larger areas of environmentally sensitive land v.,ithin which are located
specific sites which generally sati:;[y the initial screening criteria and meet the goals of
the Conservation Collier Program; and
WHEREAS, Ordinance No. 2005-49 amended Land Development Code (LDC).
Section 2.03.07 entitled "Overlay Zoning Districts," states that the County is to provide
Bonus TDR Credits for submission and acceptance by County staif of a Restoration and
Management Plan (RMP) with specific criteria and for conveyance of land in fee simple
to a federal, state or local government agency as a gift.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that:
SECTION I. FindiD~
It is found and declared that:
(A) The Transfer of Development rights program, as described in LDC Section
2.03.07 provides for the creation of TDR Bonus Credits, which are generated
from RFMUD sending lands. These credits are generated at a rate of ] credit for
each TDR credit severed from that RFMUD sending land for which an RMP has
been accepted by the County and 1 credit for each TDR credit that has been
severed for which land has been conveyed in fee simple to a federal, state of local
government agency as a gift.
(B) The Conservation Collier Program may be offered lands to be conveyed in fee
simple as a gift under the TDR Program.
(C) Lands offered from the RFMUD sending lands have been determined by the TDR
Program to be environmentally sensitive. Sending lands are also one of the
Target Protection Areas identified in Ordinance No. 2002-63, as amended,
therefore are presumed to he environmentally sensitive lands \-"mch are desirable
for conservation purposes.
(D) Lands offered to the Conservation CoUier Program must be eV<lluated and be
consistent \'\'ith the goals, procedures and criteria of the Conservation Collier
Program.
Agenda Item No. 16E6
May 13, 2008
Page 5 of 5
(E) The location, size, accessibility and quality of conveyed lands are the primary
considerations in accepting such lands for the Conservation Collier Program.
SECTION II. Acceotance of lands offered for conveyance under the TDR Prollram:
(A) Potential conveyances shall go though a separate "fast-track" evaluation process
from other submitted parcels and will not be ranked in a regular cycle.
(B) The Conservation Collier Land Acquisition Advisory Committee (CCLAAC) will
consider lands proposed for conveyance \U1der the TDR program even if those
lands have a resulting conservation easement placed over them pursuant to
requirements afthe TOR severance process.
(C) Land owners proposing conveyance must either: 1) provide funds to cover all
costs to perfonn an initial exotic, solid waste and hazardous material removal, by
written agreement with the County, or 2) remove the exotics, solid waste and
hazardous materials themselves (using a licensed contractor approved by the
County) prior to the parcel being conveyed to the County,
(D) Parcels will be evaluated for the need to require a long term management
endowment and such funding endowment will be negotiated on an ad hoc basis,
(E) Management Plans must meet both Conservation Collier Program and LDcrrDR
severance requirements.
(F) Listed species management is a requirement for the Management Plan to be
acceptable under Ordinance No. 2005-49. If management actions require
funding, those will be considered as part of negotiations for a required minimum
funding endowment.
(G)A Phase I Environmental Site Assessment (ESA) may be required by the
Conservation Collier Program staff. A Phase II ESA will be required when
supported or recommended by the Phase I ESA. Required ESAs must be
provided by the land owner, at no additional cost to the County, prior to the parcel
being conveyed to the County.
(H) Conservation Collier Program staff will develop a template RMP acceptable to
the County to assist land owners proposing conveyance of their lands under the
TDR Program.
SECTION III. Effective Date.
This Resolution adopted and made effective this _ day of
motion, second and majority vote favoring same,
2008, after
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Approval as to form and legal
Sufficiency:
~ f\ Q ~,e.: ~
Jemll r A. Belpediij
Assistant County Attorney
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