Agenda 04/28/2020 Item #16D 2 (Staturory Deed - Conservation Collier)04/28/2020
EXECUTIVE SUMMARY
Recommendation to approve a Statutory Deed between Collier County Stormwater Management
Section and the Conservation Collier Program for approximately 0.826 acres under the
Conservation Collier Land Acquisition Program Exceptional Benefit Ordinance, to increase ditch
conveyance capacity and create a spreader swale system allowing better distribution of stormwater
flow into the natural wetland system on the east end of the park prior to entering the Gordon River,
at a cost not to exceed $5,450.
OBJECTIVE: To obtain approval of the execution of the attached Statutory Deed (Deed) between the
Board of County Commissioners (Board) on behalf of the Conservation Collier Program (Program) to the
Board on behalf of Stormwater Management (Stormwater).
CONSIDERATIONS: On January 27, 2004, Agenda Item #10A, the Board approved a Conservation
Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle I - Active Acquisition
List, (AAL) with changes, and directed staff to actively pursue the acquisition of the properties under the
Program. One of the changes was to add the undetermined acreage of wetlands on the property formerly
known as the Fleischmann North parcel (Property).
In April 2004, The then Transportation Services Division purchased the property formerly known as the
Fleischmann North parcel consisting of 45.24 acres for the development of the Gordon River Water
Quality Park Project (Project). This Project is now known as the Fred W. Coyle Freedom Park (Freedom
Park).
On October 9, 2007, Agenda Item #16B3, the Board approved a Deed of Conservation Easement to South
Florida Water Management District (SFWMD) to comply with Transportation’s Permit No. 11 -00820-S
requirements for the development of Freedom Park. The Deed of Conservation Easement is recorded in
the Official Public Records of Collier County at Official Records Book 4292, Page 3317.
On May 13, 2008, the Board approved the Program to acquire approximately 12.5 acres of Freedom Park
from the Transportation Division at $56,300. A Statutory Deed was recorded June 19, 2008, at Official
Records Book 4371, Page 1595 in the Official Public Records of Collier County. The purchase of the
Property by the Program resulted in a management partnership of Freedom Park between Transp ortation,
Parks and Recreation and Conservation Collier. This management partnership is consistent with the
management plan that was submitted for the Florida Community Trust grant.
In accordance with Ordinance 2006-58, Exceptional Benefits Ordinance, the Capital Project Planning,
Impact fees, and Program Management, Division of the Growth Management Department, is submitting
the attached written petition for an interest in Program Lands, specifically 0.826 acres of conservation
lands in Freedom Park. The proposed 0.826 acres would be used to allow the expansion of the Freedom
Park Bypass Ditch and the development of a spreader swale that would remediate flooding in upstream
residential and commercial areas. The history of the flooding in the area has been provided in section B.
of the attached petition. Pursuant to Ordinance 2006-58, Exceptional Benefits Ordinance, the petition
needs to be brought to and approved by the Board.
On October 14, 2019, the CCLAAC voted 6/0 to make the recommendation that the Board approves this
transaction, pursuant to Section 3.06 of Ordinance No. 2006-58 and subject to the Program receiving
greater than fair market value for the lands.
Pursuant to Ordinance 2007-28, an in-house appraisal by Real Property Management’s staff valued the
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0.862-acre parcel at $4,860; however, an additional ten percent (10%) was added for a value of $5,350 to
satisfy Section 3.06 (D) of Ordinance No. 2006-58. It was also the recommendation of the CCLAAC for
the petition to meet the requirement of Section 3.06, which states that requires that compensation shall
exceed one-hundred percent (100%) of the value of the lands.
The Statutory Deed has been reviewed and approved by the County Attorney’s Office.
FISCAL IMPACT: The total cost of acquisition will not exceed $5,450, ($5,350 for the property, and
approximately $100 for the recording of documents). The funds will be withdrawn from the Stormwater
Capital Fund (325) Gordon River Project (Project No. 60102) and will be deposited in the Conservation
Collier Trust Fund (172).
GROWTH MANAGEMENT IMPACT: This Item is consistent with and supports Policy 2.2.2 in the
Conservation and Coastal Management Element of the Collier County Growth Management Plan.
LEGAL CONSIDERATIONS: The Exceptional Benefits Ordinance (2006-58) provides a legal
framework for the conveyance of an interest in Conservation Collier Lands. The process used for
conveying this property falls within the legal framework of Ordinance 2006 -58. As such, this Item is
approved for form and legality and requires an affirmative vote of four-fifths of the full membership of
the Board of County Commissioners for action. -JAB
RECOMMENDATIONS: That the Board of County Commissioners: 1) Accept the Petition from
Stormwater; 2) Find that the petition meets the criteria set forth in Section 3.06 of the Exceptional
Benefits Ordinance No. 2006-58; 3) Approve the attached Statutory Deed; 4) Authorize the Chairman to
execute the Statutory Deed; 5) Authorize the County Manager or his designee to prepare r elated vouchers
and Warrants for payment; and 6) Direct the County Manager or his designee to proceed to record the
Statutory Deed.
Prepared By: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist, Real Property Management,
Department of Facilities Management
ATTACHMENT(S)
1. 1. Freedom Park Exceptional Benefit Petition (PDF)
2. Scanned SD - JAB approved (PDF)
3. Ordinance 2006-58 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Doc ID: 11795
Item Summary: Recommendation to approve a Statutory Deed between Collier County
Stormwater Management Section and the Conservation Collier Program for approximately 0.826 acres
under the Conservation Collier Land Acquisition Program Exceptional Benefit Ordinance, to increase
ditch conveyance capacity and create a spreader swale system allowing better distribution of stormwater
flow into the natural wetland system on the east end of the park prior to entering the Gordon River, at a
cost not to exceed $5,450.
Meeting Date: 04/28/2020
Prepared by:
Title: Property Acquisition Specialist, Senior – Facilities Management
Name: Cindy Erb
02/25/2020 2:23 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
02/25/2020 2:23 PM
Approved By:
Review:
Growth Management Department Lisa Taylor Additional Reviewer Completed 02/26/2020 11:00 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 02/26/2020 2:51 PM
Facilities Management Toni Mott Additional Reviewer Completed 02/26/2020 5:39 PM
Facilities Management Damon Grant Director - Facilities Completed 02/27/2020 9:48 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/02/2020 9:53 AM
Parks & Recreation Summer BrownAraque Additional Reviewer Completed 03/02/2020 1:24 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 03/06/2020 11:36 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/13/2020 2:51 PM
Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 03/23/2020 10:55 AM
Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 03/24/2020 3:47 PM
Parks & Recreation Jeanine McPherson Additional Reviewer Completed 03/24/2020 4:42 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 03/27/2020 11:45 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 03/30/2020 3:48 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/01/2020 10:16 AM
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Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 04/07/2020 9:41 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/07/2020 9:44 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/07/2020 10:53 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 04/07/2020 7:06 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 04/08/2020 4:16 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2020 11:05 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/28/2020 9:00 AM
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In accordance with Ordinance 2006-58 Exceptional Benefits, Capital Project Planning, Impact
Fees and Program Management is submitting the attached written petition to the County
Manager requesting an Interest in Program Lands, specifically 0.82 acres of conservation lands
in Freedom Park. The proposed 0.82 acres would be used to allow the expansion of the
Freedom Park Bypass Ditch and development of a spreader swale that would remediate
flooding in upstream residential and commercial areas.
PETITION
A. State the public purpose for which the Other-use Dedication is being requested
Capital Project Planning, Impact Fees and Program Management is responsible for managing
the conveyance of stormwater to reduce the occurrence of flooding and resulting property
damage in residential and commercial areas of Collier County and minimizing the source and
non-source pollutants in stormwater from entering impaired water bodies such as the Gordon
River. This petition is requesting an Other-use Dedication of 0.82 acres of Conservation Collier
Lands within Freedom Park to expand the Freedom Park Bypass Ditch and to construct a
spreader swale to improve conveyance of stormwater from upstream residential areas which
have historically suffered flooding during storm events.
The objective is to increase ditch conveyance capacity and create a spreader swale system
allowing better distribution of stormwater flow into the natural wetland system on the east
end of the park prior to entering the Gordon River. The proposed project will widen the
existing ditch while also stabilizing/armoring the ditch embankments. The current direct
connection between the stormwater ditch and Gordon River will be severed by filling in the
eastern end of the ditch and restoring the area to the existing wetland grade. The eastern end
of the proposed enlarged ditch will terminate by transitioning into a spreader swale a few
hundred feet west of the river. This spreader is designed to direct and distribute flow south
into the natural wetlands prior to entering Gordon River.
The purpose of widening the ditch at Freedom Park is to increase the capacity for stormwater
to reach the Gordon River and reduce the flooding of residential areas caused by the retainage
of stormwater upstream of the planned improvements. Increasing the capacity of the ditch at
Freedom Park will increase the overall system's capacity to convey runoff to natural wetlands
and eventually to the downstream receiving waters. The degree of flood protection provided by
the Freedom Park Ditch improvements will bring capacity up to approximately the 25-year/3-
day design storm level per our recently completed hydrologic and hydraulic modeling study.
Current conveyance capacity is 188cfs and planned improvements would bring it up to an
estimated 264cfs.
16.D.2.a
Packet Pg. 1990 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
B. Provide a history and discussion of alternatives to requesting the specific interest in
Program Lands and demonstrate with supporting documentation as to why other
alternatives are not acceptable.
Residential and commercial areas upstream of the Gordon River and Freedom Park have
historically flooded during heavy rain events and named storms. Numerous studies and models
have been conducted over the past 20 years with the goal of addressing flood protection and
water quality within the Gordon River Watershed and particularly the Upper Gordon River
Drainage Basin. In the Gordon River Extension Basin Study Preliminary Technical Memorandum,
a 25-year design storm analysis identified 13 (thirteen) predicted road flooding problems. In
2016, Capital Project Planning, Impact Fees and Program Management hired environmental
engineers to develop hydrologic models and develop a Master Plan to address the ongoing
flooding. That plan, the Gordon River Master Plan, was released in 2018 and included 8
stormwater projects critical to reducing the flooding upstream of Freedom Park. The Freedom
Park Bypass Ditch Improvements is one of the 8 critical projects.
An alternative to expanding the existing bypass ditch would be to redirect stormwater runoff
south and to construct a separate stormwater conveyance system consisting of approximately
1,700 linear feet of new culvert installation, construction of a linear pond for water quality and
an outfall structure approximately ¼ mile to the south of the Freedom Park location. This new
outfall would be constructed as a capacity added alternative equal to the stormwater
conveyance capacity increase planned for the Freedom Park ditch improvement. This
alternative was not selected because of the cost and the unnecessary expense associated with
new construction on a currently unimpacted site.
The “do nothing” alternative is not a valid alternative.
C. Demonstrate with supporting documentation that the requested Other-use Dedications
of portions of Program Lands takes the minimum acreage and, to the maximum extent
possible, minimizes deleterious 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.
One of this project’s guiding principles established prior to commencement of the design was to
minimize impacts to conservation program lands and wetlands. The location of the proposed
ditch flow spreader structure has been precisely sited to spread/distribute ditch flows into the
existing wetlands at the most appropriate location based on the survey of existing wetland
ground elevations. The length of the spreader is designed to provide maximum flow
distribution into the wetland, appropriate water depths through the distribution zone and into
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Packet Pg. 1991 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
the wetland and delivery of water at an appropriate flow rate, i.e. transitioning (slowing) the
ditch flow rate down to an appropriate mature wetland overland flow rate.
D. Demonstrate with Supporting documentation a substantial public need for the
particular interest in Program Lands requested, why there are no acceptable alternatives
to meet the need, why the competing public use must occur at that location, and how the
Other-use Dedications of portions of Program Lands will be offset to ensure an
Exceptional Benefit to the Program.
The demonstrated substantial pubic need for the Program Lands associated with the proposed
widening of the ditch at Freedom Park is the flood remediation capacity provided by this
project. The additional flood protection level of service provided will benefit an existing built-
out area of residential and commercial properties covering approximately 25 acres with 70
structures.
Also, worth noting is that this project includes environmental restoration and water quality
improvement benefits. Approximately 270 feet of existing ditch adjacent to the Freedom Park
wetland and the Gordon River will be filled in with the affected land returned to the natural
wetland grade elevation.
Construction of the terminal end of the improved ditch includes a spreader spillway or swale
designed to distribute all ditch flows into the natural Freedom Park wetland. This feature adds
water to the wetland which is currently bypassing the wetland and draining directly into the
river. Distributing water into the wetland has two benefits. The duration of the wetland
hydroperiod could be increased improving the overall health of the wetland and making it more
difficult for invasive exotic vegetation establishment. From a water quality improvement
perspective and much like the park’s existing man-made stormwater treatment marsh system,
the final flow through the natural wetland could provide additional nutrient removal prior to
release into the Gordon River.
E. Demonstrate how the Other—use Dedications of portions of Program Lands will not
adversely affect any State or Federally listed species.
The proposed widening of the ditch at Freedom Park will occur along the northern perimeter
and boundary of the existing park as well as along the northern boundary of the Program Lands.
A significant portion of the proposed project area is currently where the existing, smaller
stormwater management ditch is located as well as an unimproved maintenance travel-way.
The park’s northern boundary is adjacent to the Wilderness Country Club. Observed wildlife
and plant species found within the park and the Program lands are noted and reported on as
part of the annual reports produced for the Freedom Park. Based on location of the proposed
project area, the current conditions, uses and activities of the proposed project area, the
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Packet Pg. 1992 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
likelihood of the proposed work adversely affecting state or federally listed species is minimal.
A listed species survey will be completed as park of the Environmental Resource Permitting
process that has begun as part of this project.
F. Demonstration that the proposed compensation meets that goals and purposes of the
Program and provides an Exceptional Benefit to the Program.
On May 13, 2008, during a regular Board of County Commissioner meeting, the Collier County
Board of County Commissioners approved transfer of 12.5 acres of mostly jurisdictional
wetlands covered by a Conservation Easement granted to the South Florida Water
Management District within Freedom Park. The property transfer was from the County
Transportation Division to the Conservation Collier Program (Item 16E2). An in-house appraisal
by the County’s Real Property Management Division determined that the value of the 12.5 acre
property was $56,300.
G. Include the current value of the land to be acquired as provided for in Section 4.02 [of
the Ordinance].
Based on the Program Lands transfer in 2008, a possible value for consideration of the Other-
use Dedication of 0.82 acres of said lands could be:
$56,300 for 12.5 acres = $4,504/acre x 0.82 acres = $3,693.28.
Supporting Documentation
MAP: 25 year storm event - Inundation under Existing Conditions (Gordon River Master Plan –
2018)
MAP: 100 year storm event – Inundation under Existing Conditions (Gordon River Master Plan -
2018)
MAP: Gordon River Extension LIDAR (Hydrologic Modeling Summary – Gordon River Extension -
2015)
MAP: Collier County Localized Flooding – Area 4 (Floodplain Management Plan - 2015)
MAP: Stormwater/Localized Flooding Vulnerability Assessment (Floodplain Management Plan –
2015)
PHOTOS from Hurricane Irma, 2017
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Packet Pg. 1993 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
Road closures during August storm event – 2017
Total Project Schedule
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Packet Pg. 1994 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
25 YEAR INUNDATION UNDER
EXISTING CONDITIONS
A G N O L I
BARBER&BRUNDAGE,INC.N
,11754 Lidar Mapping Exhibit_25 Year Storm
Event.dwg - ROP - 7/18/18
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Packet Pg. 1995 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
100 YEAR INUNDATION UNDER
EXISTING CONDITONS
A G N O L I
BARBER&BRUNDAGE,INC.N
,11754 Lidar Mapping Exhibit 100Year Storm
Event.dwg - ROP - 7/18/18
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Packet Pg. 1996 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
Exhibit 7 - Gordon River Extension LIDAR 16.D.2.a
Packet Pg. 1997 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
Page 92 Collier County, Florida Floodplain Management Plan March 2015 Figure 4-21 - Collier County Localized Flooding - Area 416.D.2.aPacket Pg. 1998Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park
Page 172
Collier County, Florida
Floodplain Management Plan
March 2015
4.3.5 Flood: Stormwater/Localized Flooding Vulnerability Assessment
Likelihood of Future Occurrence—Highly Likely
Vulnerability—High
Localized flooding occurs at various times throughout the year with several areas of primary concern to
the County. Localized flooding and ponding affect streets and property. Figure 4-48 shows the possible
correlation between localized flooding and repetitive loss properties. Areas of localized flooding were
identified by the Collier County Growth Management Division. The year indicated in the legend
correlates to the year of record for when the flooding was observed.
Figure 4-48 - Collier County Localized Flooding and Repetitive Loss Properties
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Packet Pg. 1999 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
Solana Road/Burning Tree Drive
Intersection of Burning Tree Drive and Cypress Point
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Packet Pg. 2000 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
Solana Road/Burning Tree Drive
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Packet Pg. 2001 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
Solana Road/Burning Tree Drive
Poinciana Village
Poinciana Village
16.D.2.a
Packet Pg. 2002 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
Solana Road/Burning Tree Drive
Sorrento Villas – West side of Goodlette-Frank Road
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Packet Pg. 2003 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
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Packet Pg. 2004 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park Bypass Ditch)
Project No. 60102.3
Task
No.Task Name Duration Due Date Feb, Mar, Apr May-19 Jun-19 Jul-19 Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21
1 Survey and design 13 Months 2/28/2020
2 Permitting 6 Months 9/1/2019 - 2/28/2020
3 Bidding and Contract Award 6 Months 7/1/2020
4 Construction 7 Months 2/28/2021
Notes:
Dates and Milestones
Project Name: Freedom Park Bypass Ditch Improvements
Project Manager: Jerry Kurtz
Schedule
Growth Management Department
Caplital Project Planning, Impact Fees & Program Management Division
16.D.2.a
Packet Pg. 2005 Attachment: 1. Freedom Park Exceptional Benefit Petition (11795 : Conservation Collier - Freedom Park
PROJECT: Freedom Park Bypass Dlch
FOL10:13800022000
STATUTORY DEED
丁HIS DEED, made this _ day Of 2020, by
COLLIER COUNTY, a political subdivision of the State of Florida, on behalf of the
Conservation Collier Program, whose mailing address is 3335 Tamiami Trail East,
Naples, Florida 34112, (hereinafter called the Grantofl, to COLLIER COUNTY, a
political subdivision of the State of Florida, on behalf of Stormwater Management,
whose mailing address is 2665 South Horseshoe Drive, Suite 103, Naples, Florida
34104 (hereinafter called the Grantee).
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their
respective heirs, successors or assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten
Dollars, ($10.00) to it in hand paid by the Grantee, receipt whereof is hereby
acknowledged, does hereby grant, bargain and sell unto the Grantee, the following
described land lying and being in Collier County, Florida:
SEE Aπ ACHED EXHIBIT"A∥,ATTACHED HERETO AND MADE A PART HEREOF
Sublectto easements,restrictions,and reservations of record
IN VV:TNESS 1/VHEREOF
executed by its Board of County
and year aforesald
Al「EST:
CRYSTAL K KlNZELi Clerk
, DePutY Clerk
Approved as to form and legality.
the said Grantor has caused these presents to be
Commissioners acting through its Chairman, the day
BOARD OF COUNttY COMMiSS10NERS
COLLIER COUNTY,FLORIDA
BY:
Burt L. Saunders, Chairman
30
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ounty Attorneyd}/j.'7
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Packet Pg. 2006 Attachment: Scanned SD - JAB approved (11795 : Conservation Collier - Freedom Park Bypass Ditch)
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Packet Pg. 2007 Attachment: Scanned SD - JAB approved (11795 : Conservation Collier - Freedom Park Bypass Ditch)
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Packet Pg. 2008 Attachment: Scanned SD - JAB approved (11795 : Conservation Collier - Freedom Park Bypass Ditch)
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Packet Pg. 2009 Attachment: Scanned SD - JAB approved (11795 : Conservation Collier - Freedom Park Bypass Ditch)
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Packet Pg. 2010 Attachment: Scanned SD - JAB approved (11795 : Conservation Collier - Freedom Park Bypass Ditch)
ORDINANCE NO. 2006 _ 58
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, EST ABLISHING 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 Ordinance 2002-63 on December 3, 2002 pursuant to a referendum to acquire,
protect, restore and manage environmentally sensitive lands in Collier County; and
WHEREAS, the Board of County Commissioners has acquired over 400 acres of
land for long-term conservation using these funds; and
WHEREAS, the Board of County Commissioners has previously determined that
the public interest is best served by these lands being preserved and managed as preserves)
or for conservation forever, and that the best means of ensuring permanent preservation is;
to provide multiple layers of protection for conservation lands through third party',
conservation easements, deed restrictions, and shared title; and
WHEREAS, the Board of County Commissioners has determined that theI):Ublic~,
interest may be served in certain circumstances by allowing portions of lands a~(ijuired.
through the Conservation Collier Program (Program) to be dedicated to other pubiic useS,)
when such dedication results in an exceptional benefit to the Program; and
WHEREAS, the Board of County Commissioners has 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) the acquisition and transfer of lands into
the Program and the permanent preservation of higher quality environmentally sensitive
lands, greenways or open space or water resource lands of greater acreage or more
suitable location than the interest in conservation lands conveyed, 2) payment, or 3) a
combination thereof; and
WHEREAS, the Board of County Commissioners has determined that it is
desirable to establish a public process and procedure for approving Other-use
Dedication(s) of Program Lands when such dedication(s) is necessary to the public
interest and results in an exceptional benefit to the Program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Section 1. 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
16.D.2.c
Packet Pg. 2011 Attachment: Ordinance 2006-58 (11795 : Conservation Collier - Freedom Park Bypass Ditch)
existing grant restrictions or partnership agreements, are dedicated
to other public uses thereby providing necessary public
infrastructure in 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 interest and shall be prohibited.
1.04 It is the intent of this Ordinance to provide a process and
procedure whereby the Conservation Collier Land Acquisition
Advisory Committee (CCLAAC) can evaluate and make a
recommendation at a publicly-noticed meeting to the Board of
County Commissioners as to whether Other-use Dedications of
portions of Conservation Collier Lands provide an exceptional
benefit to the Program.
1.05 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 Commissioners that this
Ordinance be construed to ensure the long-term protection and
preservation of Conservation Collier Lands through the
application of the criteria contained herein.
1.07 This Ordinance is adopted under the authority of Chapter 125,
Florida Statutes. The County Manager, or his designee, shall
administer this Ordinance.
Section 2. DEFINITIONS:
2.01 Program Lands are those lands acquired in whole or in part from
funds obtained from the Conservation Collier Trust Fund as
allowed by Ordinance No. 2002-63, as amended, as well as lands
donated to the Conservation Collier Program.
2.02 Dedications (Other-use Dedications) means: 1) 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 the primary use of the Program 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.
2.03 Interest in Program Lands means a fee simple interest, easement,
right-of-way, 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
facilities and roadways.
2.04 Exceptional Benefit to the Program 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 funds, land, or a
combination thereof that results in a greater value or acreage for
the Program.
Section 3. PROTECTION OF THE CONSERVATION COLLIER
LANDS:
3.01 A governmental entity, including the County acting through one of
its departments, may request an Interest in Program Lands by
submitting a written petition to the County Manager or his
designee on behalf of the Board of County Commissioners.
16.D.2.c
Packet Pg. 2012 Attachment: Ordinance 2006-58 (11795 : Conservation Collier - Freedom Park Bypass Ditch)
3.02 The County Manager or his designee will bring the petition to the
CCLAAC who will evaluate and determine in a public forum
whether a potential Other-use Dedication of portions of
Conservation Collier Lands provides an Exceptional Benefit to the
Program prior to any disposition of Program Lands.
3.03 The Petition Form shall:
A. State the public purpose for which the Other-use Dedication is
being requested.
B. Provide a history and discussion of the alternatives to
requesting the specific interest in Program Lands and
demonstrate with supporting documentation as to why other
alternatives are not acceptable.
C. Demonstrate with supporting documentation that the requested
Other-use Dedications of portions of Program Lands takes the
minimum acreage and, to the maximum extent possible,
minimizes deleterious 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. Demonstrate with supporting documentation a substantial
public need for the particular interest in Program Lands
requested, why there are no acceptable alternatives to meet the
need, why the competing public use must occur at that
location, and how the Other-use Dedications of portions of
Program Lands will be offset to ensure an Exceptional Benefit
to the Program.
E. Demonstrate how the Other-use Dedications of portions of
Program Lands will not adversely affect any State or Federally
listed species.
F. Demonstrate that the proposed compensation meets the goals
and purposes of the Program and provides an Exceptional
Benefit to the Program.
G. Include the current value of the land to be acquired as
provided for in Section 4.02.
3.04 Prior to any action by the Board of County Commissioners
regarding the Other-use Dedications of portions of Program Lands,
the CCLAAC, or its successor(s), shall review and prepare
findings and recommendations on the proposed compensation
pursuant to Section 4 of this Ordinance to determine: 1) whether
any substitute lands offered meet the criteria for acquisition under
Ordinance 2002-63, as amended, Section 10; 2) whether the
substitute lands offered meet the purposes for which the affected
Program Lands were initially acquired; and 3) whether the
proposed compensation pursuant to Section 4 provides an
Exceptional Benefit to the Program. The CCLAAC shall make its
findings and recommendations no later than 90 calendar days after
receipt of the petition by the County Manager or his designee. If
the affected Program Lands are within municipal boundaries, the
petition for conveyance of an interest in Program Lands shall be
submitted for review by that municipality. 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 recommendations received from CCLAAC and the
applicable municipality to the Board of County Commissioners at
the public hearing where the petition for Other-use Dedications of
portions of Program Lands is being considered.
16.D.2.c
Packet Pg. 2013 Attachment: Ordinance 2006-58 (11795 : Conservation Collier - Freedom Park Bypass Ditch)
3.05 If the CCLAAC has been disbanded, the Petition will proceed
directly to the Board of County Commissioners and/or Mayor of
any affected municipality 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 necessary 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 sufficient to ensure that
the proposed conveyance will result in an Exceptional Benefit
to the Program; and
E. That the proposed conveyance of an interest in and use of
Program Lands does not adversely affect any State or Federally
listed species; and
F. That the findings in this subsection A. through E. are expressly
set forth along with the written commitment providing for
compensation.
3.07 If CCLAAC finds that the Petition fails to meet any of the
requirements of Section 3.06 of this Ordinance, the CCLAAC shall
recommend that the Board of County Commissioners disapprove
the petition.
3.08 The Petition 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
determine whether the criteria set forth in subsection 3.06, A-E of
this Ordinance has been met. An affirmative finding as to each
criterion is necessary for the Board of County Commissioners to
approve any Petition.
3.09 An affirmative vote of four-fifths of the full membership of the
Board of County Commissioners shall authorize an appropriate
conveyance of an interest in, or easement over, or declaration of
other public use, on lands held for the Program.
Section 4. COMPENSATION FOR INTERESTS IN PROGRAM
LANDS:
4.01 In order to ensure that the conveyance of an interest in Program
Lands results in an Exceptional Benefit to the Program, the
proposed conveyance must be offset by the acquisition and transfer
into the Program of land or payment of funds that satisfies the
definition of an Exceptional Benefit as stated in subsection 2.04 of
this Ordinance.
4.02 The value of the land to be acquired as compensation for the use of
Program Lands shall exceed the current value of the Program
Lands proposed for other use. The current value of the interest in
Program Lands shall be determined by the purchase policy as set
forth in Section II of Resolution 2003-195, and as superseded. If
the net value of the land to be acquired as compensation for the use
of Program Lands does not exceed the then current value of the
16.D.2.c
Packet Pg. 2014 Attachment: Ordinance 2006-58 (11795 : Conservation Collier - Freedom Park Bypass Ditch)
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 remam as Program
Lands; the entire parcel may be purchased.
4,05 Quality of habitat for land offered as compensation for
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, function of the habitat in terms
of its ability to support wildlife, adjacency to or connectivity
between exiting Program Lands, and the presence of State or
Federally listed species. If the affected Program Lands are not
Environmentally Sensitive Lands, as defined in Section 5.6 of
Ordinance No. 2002-63, as amended, the land offered for
compensation pursuant to Section 4 of this Ordinance shall satisfy
or exceed the purposes served by the conveyed Program Lands
according to the acquisition criteria in Section 10 of Ordinance No.
2002-63, as amended.
4.06 Compensation pursuant to this Section shall 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 all associated costs, including but not limited to,
costs of appraisals, environmental surveys, boundary surveys,
documentary stamps, costs of recording, title commitments and
title insurance. These costs are not deemed to be part of the
Exceptional Benefit valuation.
Section 5. EXEMPTIONS:
The following circumstances shall be exempt from the foregoing process
as set forth in Sections 3 and 4 of this Ordinance.
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 at the time of, and as
part of, the acquisition process is exempt from this Ordinance.
5,03 Conveyance of a conservation easement to a government 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 apply. If any
phase, or portion of the Ordinance is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not
affect the validity of the remainder portion.
16.D.2.c
Packet Pg. 2015 Attachment: Ordinance 2006-58 (11795 : Conservation Collier - Freedom Park Bypass Ditch)
Section 7. INCLUSION IN THE CODE OF LAWS AND
ORDINANCES:
The provisions of this Ordinance shall become and be made a part of the
Code of Laws and Ordinances of Collier County, Florida. The sections of
the Ordinance may be renumbered or re-lettered to accomplish such, and
the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
Section 8. EFFECTIVE DATE:
The provisions of this Ordinance shall become effective upon filing with
the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this .;? S
tI1
day of Nl.IvoIII:f,f2006.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
A~~te~(c-By:
Deputy Clerk
Attest II to Ch4 t run s
sit]~.H.IH"f (}nl-
Approved as to Form and Legal Sufficiency:
FRANK HALAS, Chairman
CJ.kS ~cL.~
Jennifer A. Belpedi
Assistant County Attorney
16.D.2.c
Packet Pg. 2016 Attachment: Ordinance 2006-58 (11795 : Conservation Collier - Freedom Park Bypass Ditch)
STATE OF FLORIDA)
COUNTY 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 the Board of
County Commissioners of Collier County, Florida, this 30th
day of November, 2006.
DWIGHT E. BROCK
f" . ',,'\-1: f, .
Clerk of Courts and.Cl~rk .
Ex-officio to Board of
County Commission~rs
11
v'
I ".
h~~<~-.
By: Ann Jenne john, :1:) \l 'J~ ,;'
Deputy Clerk
16.D.2.c
Packet Pg. 2017 Attachment: Ordinance 2006-58 (11795 : Conservation Collier - Freedom Park Bypass Ditch)