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Agenda 03/25/2008 Item #10E Agenda Item No. 10E March 25, 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC) evaluate and consider proposals from the various governmental agencies that have expressed interest in potentially managing and accepting Transfer of Development Rights (TDR) severed Rural Fringe Mixed-Use District (RFMUD) North Belle Meade (NBM) Sending Land properties in a fee simple conveyance process as viable alternatives in juxtaposition to the proposed Community Development District (CDD) conveyance arrangement presented to the Board OBJECTIVE: Request that the BCC evaluate and consider the procedural feasibility of the subject proposals from the various governmental agcncies that have expressed interest in potentially managing and accepting TDR severed RFMUD Sending Land properties in a fee simple conveyance process, CONSIDERA nONS: ~ On February 26, 2008, during the BCC regular meeting under County Manager's Report Item IOC, the Board heard an item germane to North Belle Meade (NBM) and TDR Conveyance Bonus credit eligibility. Staff presented the issue as a policy rclated question with respect to whether a Community Developmcnt District (CDD) can be viewed as an eligible governmcntal agency for the purpose of attaining thc TDR Convcyancc Bonus credit. After hearing staff's presentation along with the various public speakers (including the agent for the TDR severance applicant posing thc subject CDD convcyance eligibility question), the Board ultimately directed staff to bring the issue back as an item designed to demonstrate the identitics and proposals of the governmcntal agencies that have cxpressed interest in managing and accepting NBM TDR severcd Sending Lands in a potential fec simple conveyance arrangement. Since this item pertains to the RFMUD North Belle Meade Ovcrlay, staff contacted the three govemmental agencies that have, recently, or at one point in timc, exprcssed an individualized level of interest regarding the notion of conveyance acceptancc, Staff sent letters to each of the three respective govcrnmental agencics for the purpose of extending an invitation in relation to a rcqucst for an elaboration on their current interests, proposals, or efforts underway germane to the aforcmentioned concept of conveyance acceptance. Letters were forwarded to the following governmcntal agencies requcsting their attendance and presentation at the March 25, 2008, BCC regular meeting: 1. Big Cypress Basin (BCB) - South Florida Water Management District (SFWMD) 2. Collier Soil & Water Conservation District (CS&WCD) Agenda Item NO.1 OE March 25, 2008 Page&, of 8 3. Conservation Collier In an attcmpt to provide a brief synopsis relative to the varying degree of individualized interest the foregoing governmental agencies have expressed, staff will broadly describe its interaction with the agencies referenced with respect to the subject item being discussed. I. Big Cypress Basin (BCB) - South Florida Water Management District (SFWMD) During RFMUD TDR Bonus Amendment adoption, most stakeholders contemplated that Big Cypress Basin (BCB)/South Florida Water Management District (SFWMD) would be heavily involved from a Sending Land restoration and conveyance acceptance perspective - especially with respect to the North Belle Meade Overlay, Since TDR Bonus Amendment inception, there has been one instance of conveyance to the SFWMD, but it does not represent an overarching conveyance statement whereby SFWMD actively positioned to become the land managing and conveyance accepting governmental agency for the County's RFMUD TDR Program. In the particular conveyance instance mentioned (the only one to take place thus far), SFWMD took title to a property north of Immokalee Road, which is managed under a Cork Screw Regional Ecosystem Watershed (CREW) Management Plan. In June of 2006, stafI attendcd a meeting between SFWMD representatives and various TDR stakeholders in relation to the preliminary formulation of a managemcnt plan designed to encapsulate all of NBM, but outsidc of that meeting, the plan was nevcr submitted to County for review or comment. Since that general timeframe, staff has reccived no indication that SFWMD intends to finalize or consider moving forward with their refcrenced NBM management plan. 2, Collier Soil & Water Conservation District (CS& WCD) In February of 2007, CS&WCD submitted a general management plan to County staff. The general management plan was designed to encapsulate all ofNBM. After various levels of review and numerous meetings/correspondence between staff and CS&WCD representatives, the conclusion was that a more appropriate avenue would be the submission of a "site-specific" managcment plan tailored to a particular NBM property (one in need of a management and governmental agcncy convcyance arrangemcnt for the purpose of attaining the Environmcntal Restoration & Maintenance (ERM) and Convcyance TDR Bonuses). Such an arrangement will allow CS&WCD to address the type of environmental restoration needed with regard to a potential conveyance eligible property, i.e., a site specific restoration and maintenance plan can identify the exact composition of a property and will dictate the required restoration whether it be hydrological, ccological or a combination of both restorative activities. Agenda Item NO.1 OE March 25, 2008 Page33 of 8 3, Conservation Collier The Conservation Collier Program is interested in accepting conveyance of lands under the County's RFMUD TOR Program, Conveyance Bonus option, however, as with anything, the details matter. One of the concerns for Conservation Collier has been to develop a procedure for evaluating offered lands to determine that they meet Program critcria and goals and that potential of management cost have been fully vetted. Conservation Collier would not want to accept degraded, isolated lands that would be expensive to restore and manage which would not further strategic conservation goals or be available for the public to access and enjoy. In an effort to develop a process to appropriately evaluate proposals, the Conservation Collier Ordinance, Policy and Rules (OPR) subcommittee and the full Conservation Collier Land Acquisition Advisory Committee (CCLAAC) had originally prepared the attached draft Resolution (Resolution) in September 2007, The draft has been preliminarily reviewed and approved by the County Attorney's office. Conservation Collier staff was prepared to move forward and bring the Resolution to the BCC in late 2007, but was delayed to coordinate with anticipated LDC changes. As part of coordination efforts, the Resolution was reviewed again by the Ordinance Policy and Rules (OPR) Subcommittee on March 5, 2008. At that mecting, membcrs exprcssed some concern about accepting small scattered parcels in tenns of providing efficient and cost effective management. Final conscnsus was that if lands came with management funding it could be workable and that acceptance of TDR lands is compatible with Conservation Collicr goals. The OPR Subcommittee recommendation was to move the Resolution forward with some minor wording changes for clarity. The following day, March 6, 2008, staff met with the Caloosa Reserve engineering consultant regarding the 110 Belle Meade acrcs discusscd under Item 10C at tlle 2/26/08 BCC meeting. This meeting resulted in an expectation of an application to Conservation Collier for conveyance of these acres, The full Conservation Collier Committce again rcviewed the Resolution at its March 10 public meeting. The result of that discussion was thrce-fold. First, the minor edits by the OPR subcommittee were accepted. Second, language was added requiring owners seeking to convey lands to perform additional environmental testing, if warranted, Third, there was an overall agreement that if the details arc carefully revicwcd, such conveyances could be positive for Conservation Collier, The consensus was to move forward the draft Resolution, with changes, to the BCC for review and, if acceptable, to place it on a future agenda for the BCC Chaimlan's signature. FISCAL IMPACT: The fiscal impact associated with the staff recommendation is directly related to the perpetual restoration and maintenance costs associated with Conservation Collier potentially accepting TDR sevcrcd Sending Lands in a conveyance arrangement. Agenda Item No.1 OE March 25. 2008 Page41 of 8 GROWTH MANAGEMENT IMPACT: Per Comprehensive Planning staff interpretation, the recommendation is consistent with the Growth Management Plan and the intent of the RFM UO TOR Program Bonus Amendment from an implementation perspective LEGAL CONSIDERATIONS: No legal issues are presented at this time. This Office will work with staff to ensure that any direction provided by the Board would meet legal sufficiency. - JAK RECOMMENDATION: Staff recommends that the BCC consider any of the aforementioned governmental agencies as viable options if they are agreeable to accepting and managing subject NBM properties in a fee simple conveyance arrangement. PREPARED BY: Joe Thompson, Senior Planner, Comprehensive Plamling Department Alex Sulecki, Program Coordinator, Conservation Collier Agenda Item NO.1 OE March 25, 2008 Page 5 of 8 RESOLUTION NO. 2008- DRAFT - A RESOLUTION OF THE COLLIER COUNTY 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); PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier COW1ty (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 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. 2007-65, as amended") has described Target Protection Areas (TP As) as larger areas of environmentally sensitive land within which are located specific sites which generally satisfy 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 TOR Credits for submission and acceptance by County staff of a Restoration and Management Plan (RMP) with specific criteria and for conveyance ofland 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. Findings 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 1 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. (8) The Conservation Collier Program may be offered lands to be conveyed in fee simple as a gift under the TDR Pro.gram. (C) Lands offered from the RFMUD sending lands have been determined by the TDR Prob'Tam to be environmentally sensitive. Sending lands are also one of the Target Protection Areas identified in Ordinance No. 2007-65, as amended, therefore are presumed to be environmentally sensitive lands which are desirable for conservation purposes. Agenda Item NO.1 OE March 25, 2008 Page 6 of 8 (D) Lands offered to the Conservation Collier Program must be evaluated and be consistent to the goals, procedures and criteria of the Conservation Collier Program. (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. Accentance oflands offered for conveyance under the TDR Prolrram: (A) Potential conveyances shall go though a separate "fast-track" evaluation process from other submitted parcels and will not he ranked in a regular cycle. (B) The Conservation Collier Land Acquisition Advisory Committee (CCLAAC) will consider lands proposed for conveyance under the TDR program even if those lands have a resulting conservation easement placed over them pursuant to requirements of the TDR severance process. (C) Land owners proposing conveyance must either: 1) provide funds to cover all costs to perform 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 endo\\'mcnt will be negotiated on an ad hoc basis. (E) Management Plans must meet both Conservation Collier Program and LOClTDR severance requirements. (F) Listed species management is a requirement for the Management Plan to he 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 1 Environmental Site Assessment (ESA) may he 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 Jand owners proposing conveyance of their lands under the TOR 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 fonn and legal Sufficiency: Jennifer A. Belpedio Assistant County Attorney 2 Item Number: Item Summary: Meeting Date: Page lof2 Agenda Item NO.1 OE March 25, 2008 Page 7 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E This item to be heard at 3:00 p_m. Recommendation that the Board of County Commissioners (BCG) evaluate and consider proposals from the various governmental agencies that have expressed interest in potentially managing and accepting Transfer of Development Rights (TOR) severed Rural Fringe Mixed-Use District (RFMUD) North Belle Meade (NBM) Sending Land properties in a fee simple conveyance process as viable alternatives in juxtaposition to the proposed Community Development District (COD) conveyance arrangement presented to the Board. (Joe Thompson, Senior Planner, Comprehensive Planning Department, CDES & Alex Sulecki, Program Coordinator, Conservation Collier, Administrative Services Division) 3/25/2008 900:00 AM Prepared By Joe Thompson Community Development & Environmental Services Planner Date Comprehensive Planning 2/28/20083:15:56 PM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 2129120083:21 PM Approved By Mike Bosi, AICP Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 311212008 7:55 AM Approved By Randall J. Cohen Community Development & Environmental Services Comprehensive Planning Department Director Date Comprehensive Planning 3/12/2008 7: 57 AM Approved By Alexandra J. Sulecki Administrative Services Senior Environmental Specialist Date Facilities Management 31121200810:57 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 31121200811 :54 AM Approved By Judy Puig Operations Analyst Date tile://C :\AgendaTest\Export\ I 03 -March%2025, %202008\ I O. %20COUNTY%20MANAGE... 3/19/2008 Community Development & Environmental Services Page 2 01'2 Agenda Item NO.1 OE March 25, 2008 Page 8 of 8 Community Development & Environmental Services Admin. 3/13/200810:04AM Approved By OMB Coordinator Administrative Services Applications Analyst Date Information Technology 3/14/200812:37 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 3/14/200812:53 PM Approved By Laura Davisson County Manager's Office Management & Budget Analyst Date Office of Management & Budget 3/16/20083:47 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/17/20084:20 PM file://C:\AgendaTest\Export\ 1 03-March%2025,%202008\ 1 O,%20COUNTY%20MANAGE... 3/19/2008