Resolution 2020-211 RESOLUTION NO. 20-21 1
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS PROPOSING AMENDMENTS TO THE
COLLIER COUNTY GROWTH MANAGEMENT PLAN,
ORDINANCE 89-05, AS AMENDED, RELATING TO THE RURAL
LANDS STEWARDSHIP AREA OVERLAY RESTUDY AND
SPECIFICALLY AMENDING THE RURAL LANDS
STEWARDSHIP AREA OVERLAY OF THE FUTURE LAND USE
ELEMENT, TO CHANGE ACREAGES, STEWARDSHIP CREDITS,
DEVELOPMENT STANDARDS AND PROGRAM
REQUIREMENTS; AND FURTHERMORE DIRECTING
TRANSMITTAL OF THE AMENDMENTS TO THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY.
[PL20190002292]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Florida Local Government Comprehensive Planning and Land Development Regulation Act of
1985,was required to prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, Collier County staff has prepared amendments relating the Rural Lands
Stewardship Area Overlay of the Future Land Use Element Series; and
WHEREAS, on September 25, 2020, the Collier County Planning Commission
considered the proposed amendment to the Growth Management Plan pursuant to the authority
granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the
Board of County Commissioners; and
WHEREAS, on November 10, 2020, the Board of County Commissioners at a public
hearing approved the transmittal of the proposed amendment to the state land planning agency in
accordance with Section 163.3184, F.S.; and
WHEREAS, upon receipt of Collier County's proposed Growth Management Plan
Amendment, various State agencies and the Department of Economic Opportunity (DEO) have
thirty (30) days to review the proposed amendments and DEO must transmit, in writing, to
Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and
[19-EN5-00625/1555489/1]40
RLSA Overlay Restudy Words underlined are additions;Words struck through are deletions.
PL20190002292 *** *** *** *** are a break in text
7/31/20
WHEREAS, Collier County, upon receipt of the written comments from DEO must
adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment
within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and
WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted
Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan
Amendment pursuant to Section 163.3184(3), F.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby approves the proposed Growth Management
Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the
purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies
thereby initiating the required State evaluation of the Growth Management Plan Amendment
prior to final adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote this /0
day of NDy - , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEU CLERK COLLIER UNTY, FLO DA
TN\ i+ + _ '' BY: '
est as to Chairmamk y re( Burt L. Saunders, Chairman
signature only.
pproved as to form and legality:
01 ,1-46.4
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachment: Exhibit"A"—Text amendments and attachments
[19-ENS-00625/1555489/1]40
RLSA Overlay Restudy Words underlined are additions; Words struckgh are deletions.
PL20190002292 *** *** *** *** are a break in text
7/31/20
Staff Proposed Amendments Exhibit A PL20190002292
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
Collier County Growth Management Plan
Future Land Use Element
Rural Lands Stewardship Area Overlay
Prepared by
Collier County Growth Management Department
Community Planning Section
Prepared for
Collier County Board of County Commissioners
Adopted October 1997, as amended
08/03/2020 CCPC Transmittal Hearing Page 1 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
II. IMPLEMENTATION STRATEGY [Page 10]
GOALS, OBJECTIVES AND POLICIES
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V. OVERLAYS AND SPECIAL FEATURES [Page 98]
A. Area of Critical State Concern
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B. North Belle Meade Overlay
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C. Natural Resource Protection Area Overlay
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D. Rural Lands Stewardship Area Overlay [Page 120]
Goal
Collier County seeks to address the long-term needs of residents and property owners within the
Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment.
Collier County's goal is to otect retain land for agricultural activities,
to direct incompatible uses away from
wetlands and upland habitat, to protect and restore habitat connectivity, to enable the conversion
of rural land to other uses in appropriate locations, to discourage urban sprawl, and to encourage
development that utilizes employs creative land use planning techniques through the use of
established incentives.
Objective
To meet the Goal described above, Collier County's objective is to create an incentive-based land use
overlay system, herein referred to as the Collier County Rural Lands Stewardship Area Overlay, based on
the principles of rural land stewardship as defined in Chapter 163.3177(11), F.S. The Policies that will
implement this Goal and Objective are set forth below in groups relating to each aspect of the Goal.
Group 1 policies describe the structure and organization of the Collier County Rural Lands Stewardship
Area Overlay. Group 2 policies relate to agriculture. Group 3 policies relate to natural resource protection
acid_ Group 4 policies relate to conversion of land to other uses and economic diversification. Group 5 are
regulatory policies that ensure that land that is not voluntarily included in the Overlay by its owners shall
nonetheless meet the minimum requirements of the Final Order pertaining to natural resource protection.
Group 1 - General purpose and structure of the Collier County Rural Lands Stewardship Area
Overlay
Policy 1.1
To promote a dynamic balance of land uses in the Collier County Rural Lands Stewardship Area(RLSA)
that collectively contributes to a viable agricultural industry, protects natural resources, and enhances
economic prosperity and diversification, Collier County hereby establishes the Rural Lands Stewardship
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08/03/2020 CCPC Transmittal Hearing Page 2 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
Area Overlay (Overlay). The Overlay was created through a collaborative community:based planning
process involving county residents, area property owners, and representatives of community and
governmental organizations under the direction of a citizen oversight committee.
Policy 1.2
The Overlay protects natural resources and retains viable agriculture by promoting compact rural mixed-
use development as an alternative to low-density single use development, and provides a system of
compensation to private property owners for the elimination of certain land uses in order to protect natural
resources and viable agriculture in exchange for transferable credits that can be used to entitle such
compact development. The strategies herein are based in part on the principles of Florida's Rural Lands
Stewardship Act, Chapter 163.3177(11) F.S. The Overlay includes innovative and incentive-based tools,
techniques and strategies that are not dependent on a regulatory approach, but will complement existing
local, regional,state and federal regulatory programs.
Policy 1.3
This Overlay to the Future Land Use Map is depicted on the Stewardship Overlay Map (Overlay Map)
and applies to rural designated lands located within the Immokalee Area Study boundary of the Collier
County Rural and Agricultural Area Assessment referred to in the State of Florida Administration
Commission Final Order No. AC-99-002. The RLSA generally includes rural lands in northeast Collier
County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife
Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the
Hendry County Line,and includes a total of approximately 195,846 185,935 acres
182,331 acres is privately owned. The Overlay Map is an adopted overlay to the Future Land Use Map
(FLUM).
Policy 1.4
Except as provided in Group 5 Policies,there shall be no change to the underlying density and intensity of
permitted uses of land within the RLSA, as set forth in the Baseline Standards, as defined in Policy 1.5,
unless and until a property owner elects to utilize the provisions of the Stewardship Credit System. It is
the intent of the Overlay that a property owner will be compensated for the voluntary stewardship and
protection of important agricultural and natural resources. Compensation to the property owner shall
occur through one of the following mechanisms: creation and transfer of Stewardship Credits, acquisition
of conservation easements, acquisition of less than fee interest in the land, or through other acquisition of
land or interest in land through a willing seller program.
Policy 1.5
As referred to in these Overlay policies, Baseline Standards are the permitted uses, density, intensity and
other land development regulations assigned to land in the RLSA by the GMP Growth Management Plan
(GMP), Collier County Land Development Regulations (LDRs) and Collier County Zoning Regulations
in effect prior to the adoption of Interim Amendments and Interim Development Provisions referenced in
Final Order AC-99-002. The Baseline Standards will remain in effect for all land not subject to the
transfer or receipt of Stewardship Credits, except as provided for in Group 5 Policies. No part of the
Stewardship Credit System shall be imposed upon a property owner without that owners owner's consent.
Policy 1.6
Stewardship Credits (Credits) are created from any lands within the RLSA that are to be kept in
permanent agriculture, open space or conservation uses. These lands will be identified as Stewardship
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08/03/2020 CCPC Transmittal Hearing Page 3 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
Sending Areas or SSAs. All privately owned lands within the RLSA are a candidate for designation as a
SSA. Land becomes designated as a SSA upon petition by the property owner seeking such designation
and the adoption of a resolution by the Collier County Board of County Commissioners (BCC), which
acknowledges the property owner's request for such designation and assigns Stewardship Credits or other
compensation to the owner for such designation. Collier County will update the Overlay Map to delineate
the boundaries of each approved SSA. Designation as an SSA shall be administrative and shall not
require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the
adopted Overlay Map during the EAR based amendment process when it periodically occurs
amendment as may be periodically initiated by the County. A Stewardship Sending Area Credit
Agreement shall be developed that identifies those allowable residential densities and other land uses
which remain. Once land is designated as a SSA and Credits or other compensation is granted to the
owner, no increase in density or additional uses unspecified in the Stewardship Sending Area Credit
Agreement shall be allowed on such property unless the SSA is terminated as provided in Policy 1.6.1
Policy 1.6.1 (recommended amendment)
Notwithstanding any provision herein to the contrary, upon initial approval of a Stewardship Sending
Area ("SSA"), the Stewardship Easement shall be established for a term of five years ("Conditional
Period") and shall be deemed a Conditional Stewardship Easement. The Conditional Period may be
extended for one additional year at the option of the owner by providing written notice to the County prior
to the expiration of the initial five-year period. All conditions and restrictions of the Stewardship
Easement related to maintaining the existing property conditions, including all management obligations of
the owner of the SSA lands, shall be in full force throughout the Conditional Period. If at any time during
the Conditional Period any of the following events occur, then the Conditional Stewardship Easement
shall become a Permanent Stewardship Easement which shall be final, perpetual and non-revocable in
accordance with the terms set forth therein:
1. Stewardship Credits from the SSA have been assigned to entitle an approved Stewardship Receiving
Area("SRA"), and the SRA has received all necessary final and non-appealable development orders,
permits, or other discretionary approvals necessary to commence construction, including subdivision
plat and site development plan approval, but not building permits. If Stewardship Credits from the
SSA have been assigned to more than one SRA,then the receipt of all necessary governmental final
and non-appealable development orders, permits, or other discretionary approvals necessary to
commence construction of any SRA shall automatically cause the Conditional Stewardship
Easement to become a Permanent Stewardship Easement;
2. The owner of the SSA lands has sold or transferred any Stewardship Credits to another person or
entity, including a Stewardship Credit Trust as described in Policy 1.20, the closing has occurred,
and the owner has received the consideration due from such sale or transfer, but not expressly
excluding:
(a) a sale or transfer of the Stewardship Credits ancillary to the sale or transfer of the underlying
fee title to the land, or
(b) instances where a landowner establishes an SSA for a specific SRA,whether the SRA is owned
or developed by a separate or related entity, and the Stewardship Credits are transferred as
required by the Growth Management Plan or Land Development Code for SRA approval; or
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08/03/2020 CCPC Transmittal Hearing Page 4 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
3. The owner of the SSA lands has received in exchange for the creation of the Stewardship Easement
Agreement other compensation from local, state, federal or private revenues (collectively, the
"Events").
The LDC shall specify how, assuming a Notice of Termination (as hereafter described) has not been
recorded, the Conditional Stewardship Easement shall automatically convert to a Permanent
Stewardship Easement upon the earliest to occur of (a) any of the foregoing Events during the
Conditional Period, or (b) 180 days after the last day of the Conditional Period, as and to the extent
extended hereunder. In the event that none of the foregoing events has occurred during the
Conditional Period, then the owner of the SSA lands may within 180 days after the last day of the
Conditional Period terminate the Conditional Stewardship Easement by recording a Notice of
Termination. In addition, if a challenge and/or appeal of a necessary development order, permit or
other discretionary approval is filed, the owner of the SSA lands may elect to extend the Conditional
Period until the challenge or appeal is finally resolved. If the challenge or appeal is not resolved such
that the construction may commence under terms acceptable to the owner of the SSA lands,the owner
of the SSA lands may within 180 days of the final disposition of the challenge or appeal record a
Notice of Termination. Upon the recording of such Notice of Termination,the Stewardship Easement
Agreement and corresponding Stewardship Sending Area Credit Agreement shall expire and
terminate, the Stewardship Credits generated by the SSA shall cease to exist, the rights and
obligations set forth in the Stewardship Easement shall no longer constitute an encumbrance on the
property, and the SSA Memorandum shall be revised accordingly. The owner of the SSA lands shall
provide a copy of the Notice of Termination to the County.
In the event that the Stewardship Credits from an SSA have been used to obtain one or more SRA
approvals, but none of the foregoing events has occurred during the Conditional Period, then the
Notice of Termination shall also provide for termination of any SRAs that have been assigned credits
from the SSA, unless the SRA owner has obtained sufficient Stewardship Credits from another source
and such Stewardship Credits have been applied to the SRA. In the event that a Notice of Termination
does terminate an SRA,the owner of the SRA lands shall join in the Notice of Termination.
In the event that a Conditional Stewardship Easement is terminated, all benefits, rights, privileges,
restrictions and obligations associated with the SSA shall be null and void, and the land shall revert to
its underlying zoning classification, free and clear of any encumbrance from the Conditional
Stewardship Easement and SSA Credit Agreement. If requested by the owner of the SSA lands,
Collier County and the other grantees under the Stewardship Easement Agreement shall provide a
written release and termination of easement and credit agreements for recording in the public records
within 15 days of request from the owner of the SSA lands. Collier County shall update the overlay
map to reflect the termination of any SSA or SRA.
This policy shall be implemented in the LDC within 12 months after adoption hereof
For SSAs approved prior to this Policy 1.6.1 being adopted but have not changed ownership in whole
or part since the creation of the SSA and have not transferred, sold or utilized Credits generated
from the SSA, the property owner may withdraw the SSA designation provided an application for
such withdrawal is implemented within 6 months of the adoption of this Policy 1.6.1.
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08/03/2020 CCPC Transmittal Hearing Page 5 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
Policy 1.7
The range of Stewardship Credit Values is hereby established using the specific methodology set forth on
the Stewardship Credit Worksheet (Worksheet), incorporated herein as Attachment A. This methodology
and related procedures for SSA designation will also be adopted as part of the Stewardship Overlay
District in the Collier County Land Development Code (LDC). Such procedures shall include but fie not
be limited to the following: (1) All Credit transfers shall be recorded with the Collier County Clerk of
Courts; (2) a covenant or perpetual restrictive easement shall also be recorded for each SSA, shall run
with the land and shall be in favor of Collier County; and the Florida Fish and Wildlife Conservation
Commission and one of the following: Department of Environmental Protection, Department of
Agriculture and Consumer Services, South Florida Water Management District, or a recognized statewide
land trust; and (3) for each SSA, the Stewardship Sending Area Credit Agreement will identify the
specific land management measures that will be undertaken and the party responsible for such measures.
Policy 1.8
The natural resource value of land within the RLSA is measured by the Stewardship Natural Resource
Index (Index) set forth on the Worksheet. The Index established the relative natural resource value by
objectively measuring six different characteristics of land and assigning an index factor based on each
characteristic. The sum of these six factors is the index value for the land. Both the characteristics used
and the factors assigned thereto were established after review and analysis of detailed information about
the natural resource attributes of land within the RLSA so that development could be directed away from
important natural resources. The six characteristics measured are: Stewardship Overlay Designation,
Sending Area Proximity, Listed Species Habitat, Soils/Surface Water, Restoration Potential, and Land
Use/Land Cover.
Policy 1.9
A Natural Resource Index Map Series (Index Map Series) indicates the Natural Resource Stewardship
Index value for all land within the RLSA. Credits from any lands designated as SSAs, will be based upon
the Natural Resource Index values in effect at the time of designation. Any change in the Characteristics
of land due to alteration of the land prior to the establishment of a SSA that either increases or decreases
any Index Factor will result in an adjustment of the factor values and a corresponding adjustment in the
credit value. The Index and the Index Map Series are adopted as a part of the RLSA Overlay.
Policy 1.10
In SSAs, the greater the number of uses eliminated from the property, and the higher the natural resource
value of the land, the higher the priority for protection, the greater the level of Credits that are generated
from such lands, and therefore the greater the incentive to participate in the Stewardship Credit System
and protect the natural resources of the land.
Policy 1.11
The Land Use Matrix, Attachment B, lists uses and activities allowed under the A, Rural Agricultural
Zoning District within the Overlay. These uses are grouped together in one of eight separate layers in the
Matrix. Each layer is discrete and shall be removed sequentially and cumulatively in the order presented
in the Matrix, starting with the residential layer(layer one) and ending with the conservation layer(layer
eight). If a layer is removed, all uses and activities in that layer are eliminated and are no longer available.
Each layer is assigned a percentage of a base credit in the Worksheet. The assigned percentage for each
layer to be removed is added together and then multiplied by the Index value on a per acre basis to arrive
at a total Stewardship Credit Value of the land being designated as a SSA.
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08/03/2020 CCPC Transmittal Hearing Page 6 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
Policy 1.12
Credits can be transferred only to lands within the RLSA that meet the defined suitability criteria and
standards set forth in Group 4 Policies. Such lands shall be known as Stewardship Receiving Areas or
SRAs.
Policy 1.13
The procedures for the establishment and transfer of Credits and SRA designation are set forth herein and
will also be adopted as a are part of the Rural Lands Stewardship Area Zoning Overlay District in the
LDC (District). LDRs creating the District will be adopted within ono (1)year from the effective date of
this Plana n.lment
Policy 1.14
Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an
SRA on a per acre basis, as described in Policy 4.18 4.19. Stewardship density and intensity will
thereafter differ from the Baseline Standards. The assignment or use of Stewardship Credits shall not
require a GMP Amendment.
Policy 1.15
Land becomes designated as an SRA upon the adoption of a resolution by the Collier County Board of
County Commissioners (BCC) approving the petition by the property owner seeking such designation.
Any change in the residential density or non-residential intensity of land use on a parcel of land located
within a SRA shall be specified in the resolution reflecting the total number of transferable Credits
assigned to the parcel of land. Density and intensity within the RLSA or within an SRA shall not be
increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System,
the Affordable-workforce Housing Density Bonus as referenced in the Density Rating System of the
FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan.
Policy 1.16
Stewardship Receiving Areas will accommodate uses that utilize creative land use planning techniques
and Credits shall be used to facilitate the implementation of innovative and flexible development
strategies described in Chapter 163.3177(11), F.S.
Policy 1.17
Stewardship Credits may be transferred between different parcels or within a single parcel, subject to
compliance with all applicable provisions of these policies. Residential clustering shall only occur within
the RLSA through the use of the Stewardship Credit System, and other forms of residential clustering
shall not be permitted.
Policy 1.18
A blend of Local, State, Federal and private revenues, such as but not limited to Florida Forever, Federal
and State conservation and stewardship programs, foundation grants, private conservation organizations,
local option taxes, general county revenues, and other monies can augment the Stewardship program
through the acquisition of conservation easements, Credits, or land that is identified as the highest priority
for natural resource protection, including, but is not limited to, areas identified on the Overlay Map as
Flow way Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs), Water Retention Areas
(WRAs)and land within the Big Cypress Area of Critical State Concern(ACSC).
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08/03/2020 CCPC Transmittal Hearing Page 7 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
Policy 1.19
All local land or easement acquisition programs that are intended to work within the RLSA Overlay shall
be based upon a willing participant/seller approach. It is not the intent of Collier County to use eminent
domain acquisition within this system.
Policy 1.20
The County may elect to acquire Credits through a publicly funded program, using sources identified in
Policy 1.18. Should the County pursue this option, it shall establish a Stewardship Credit Trust to receive
and hold Credits until such time as they are sold, transferred or otherwise used to implement uses within
Stewardship Receiving Areas.
Policy 1
The incentive based Stewardship Credits term relies ., the p ected dcmafa f.. Credits n s the
primary basis for permanent protection of agricultural lands, flowways, habitats and water retention areas.
The County recognizes that there may be a lack of significant demand for Credits in the arly years of
implementation, and also recognizes that a public benefit would be r alized by the early designation of
SSAs. To address this issue and to promote the protection of natural resources,the implementation of the
Overlay will include an early entry bonus to encourage the voluntary establishment of SSAs within the
RLSA. The bonus shall be in the form of an additional one Stewardship Credit per acre of land
designated as a HSA located outside of the ACSC and one half Stewardship Credit per acre of land
designated as HSA located inside the ACSC. The early entry bonus shall be available for five years from
the effective date of the adoption of the Stewardship Credit System in the LDC. The early designation of
SSAs, and resulting protection of flowways, habitats, and water retention areas does not require the
establishment of SRAs or otherwise require the early use of Credits, and Credits generated under the early
entry bonus may be used after the termination of the bonus period. The maximum number of Credits that
can be generated under the bonus is 27,000 Credits, and such Credits shall not be transferred into or used
within the ACSC.
Policy 1.21 3
The RLSA Overlay was designed to be a long-term strategic plan. with a planning horizon Year of 2025.
Many of the tools, techniques and strategies of the Overlay are new, innovative, and incentive based
have yet to be tested in actual implementation. A comprehensive review of the Overlay shall be prepared
for and reviewed by Collier County every seven (7) years beginning [date of adoption of this
Ordinance].and the Department of Community Affairs upon the five year anniversary of the adoption of
the Stewardship District in the LDC. as part of the Evaluation and Appraisal Report process. The purpose
of the review shall be to assess the participation in and effectiveness of the Overlay implementation in
meeting the Goal, Objective and Policies set forth herein. The specific measures of review shall be as
follows:
1. The amount and location of land designated as FSAs, HSAs, WRAs and other SSAs.
2. The amount and location of land designated as SRAs.
3. The number of Stewardship Credits generated,assigned or held for future use.
4. A comparison of the amount, location and type of Agriculture that existed at the time of a Study
and time of review.
5. The amount, location and type of land converted to non-agricultural use with and without
participation in the Stewardship Credit System since its adoption.
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08/03/2020 CCPC Transmittal Hearing Page 8 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
6. The extent and use of funding provided by Collier County and other sources Local, State, Federal
and private revenues described in Policy 1.18.
7. The amount, location and type of restoration through participation in the Stewardship Credit
System since its adoption.
8. The potential for use of Credits in urban areas.
At the direction of the Board of County Commissioners, additional review measures may be considered.
Policy 1.22
The total number of Stewardship Credit shall be capped at 404,000 to entitle no more than 45,000 acres of
Stewardship Receiving Areas. Generating Stewardship Credits does not presume approval of Stewardship
Receiving Areas.
Group 2-Policies
To protect •ltu al lands fF ^*•• t^ oth^ a-nd retain land for
agricultural activities through the use of established incentives in order to continue the viability of
agricultural production through the Collier County Rural Lands Stewardship Area Overlay.
Policy 2.1
Agricultural landowners will be provided with lands will be protected from premature conversion to
other uses by creating incentives that encourage the voluntary elimination of the property owner's right to
convert agriculture land to non-agricultural uses in exchange for compensation as described in Policies
1.4 and 2.2 and by the establishment of SRAs. as the form of compact rural development in the RLSA
Overlay. Analysis has shown that SRAs will allow the projected population of the RLSA in the Horizon
year of 2025 to be accommodated on approximately 10% of the acreage otherwise required if such
compact rural development were not allowed due to the flexibility afforded to such development. The
combination of stewardship incentives and land efficient compact rural development will minimize two of
the primary market factors that cause premature conversion of agriculture.
Policy 2.2
Agriculture lands protected through the use of Stewardship Credits shall be designated as Stewardship
Sending Areas (SSAs) as described in Policy 1.6. The protection measures for SSAs are set forth in
Policies 1.6, 1.7, 1.10, and 1.17. In addition to protecting agriculture activities in SSAs within FSA, HSA,
and WRA, as further described in Policies 3.1, 3.2 and 3.3, additional incentives are desired to retain
agriculture within Open Lands as an alternative to conversion of such lands to other uses, using Baseline
Standards as described in Policy 1.5. Open Lands are those lands not designated SSA, SRA, WRA, HSA,
FSA, or public lands on the Rural Lands Stewardship Area Overlay Map. Open Lands are those lands
described in Policy 4.2. Therefore, in lieu of using the Natural Resource Index on land designated Open
Lands,these lands shall be assigned two (2.0) Stewardship Credits per acre outside of the Area of Critical
State Concern(ACSA), and two and sixth tenths(2.6)Credits per acre within the ACSC as established by
F.S. 380.055 as of March 3, 2009. All non-agriculture uses shall be removed from Open Lands and the
remaining uses are limited to agriculture Land Use Levels 5, 6 and 7 on the Land Use Matrix. Each layer
is discreet and shall be removed sequentially and cumulatively in the order presented in the Matrix. If a
layer is removed,all uses and activities in that layer are eliminated and no longer available. SSA's created
under this Policy will be known as an Agricultural SSA. Following approval of an Agricultural SSA,
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08/03/2020 CCPC Transmittal Hearing Page 9 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
Collier County shall periodically update the RLSA Zoning Overlay District Map to delineate the
boundaries of the Agricultural SSA.
Policy 2.3
Within one (1) year from the effective datc of these amendments, Collier County will may establish an
Agriculture Advisory Council comprised of not less than five nor more than nine appointed
representatives of the agriculture industry, to advise the BCC on matters relating to Agriculture. The
Agriculture Advisory Council (AAC) will work to identify opportunities and prepare strategies to
enhance and promote the continuance, expansion and diversification of agriculture in Collier County. The
AAC will also identify barriers to the continuance, expansion and diversification of the agricultural
industry and will prepare recommendations to eliminate or minimize such barriers in Collier County. The
AAC will also assess whether exceptions from standards for business uses related to agriculture should be
Policy 2.4
The BCC will consider the recommendations of the AAC and facilitate the implementation of strategies
and recommendations identified by the ACC that are determined to be appropriate. The BCC may adopt
amendments to the LDC that implement policies that support agriculture activities.
Policy 2.5
Agriculture is an important aspect of Collier County's quality of life and economic well-being.
Agricultural activities shall be protected from duplicative regulation as provided by the Florida Right-to-
Farm Act.
Policy 2.6
Notwithstanding the special provisions of Policies 3.9 and 3.10, nothing herein or in the implementing
LDRs, shall restrict lawful agricultural activities on lands within the RLSA that have not been placed into
the Stewardship program.
Group 3—Policies to protect water quality and quantity and maintain the natural water regime, as
well as listed animal and plant species and their habitats by directing incompatible uses away from
wetlands and upland habitat through the establishment of Flow way Stewardship Areas, Habitat
Stewardship Areas, and Water Retention Areas, where lands are voluntarily included in the Rural
Lands Stewardship Area program.
Policy 3.1
Protection of water quality and quantity, and the maintenance of the natural water regime shall occur
through the establishment of Flowway Stewardship Areas (FSAs), as SSAs within the RLSA Overlay.
FSAs are delineated on the Overlay Map and contain approximately 31,100 30,869 acres. FSAs are
primarily privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee
Slough. These lands form the primary wetland flowway systems in the RLSA. The Overlay provides an
incentive to permanently protect FSAs by the creation and transfer of Credits, elimination of incompatible
uses, and establishment of protection measures described in Group 1 Policies. Not all lands within the
delineated FSAs are comparable in terms of their natural resource value; therefore the index shall be used
to differentiate higher value from lower value lands for the purpose of Overlay implementation. The
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Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
Analysis of the Index Map Series shows that FSA lands score within a range of 0.7 to 2.4; approximately
96%score greater than 1.2 while 4%score 1.2 or less. The average Index score of FSA land is 1.8.
Policy 3.2
Listed animal and plant species and their habitats shall be protected through the establishment of Habitat
Stewardship Areas (HSAs), as SSAs within the RLSA Overlay. HSAs are delineated on the Overlay
Map and contain approximately 40,000 '15,782 39,991 acres. HSAs are privately owned agricultural
areas, which include both areas with natural characteristics that make them suitable habitat for listed
species, as well as awl areas without these characteristics. These latter areas are included because they
are located contiguous to habitat to help form a continuum of landscape that can augment habitat values.
The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of Credits,
resulting in the elimination of incompatible uses and the establishment of protection measures described
in Group 1 Policies. Not all lands within the delineated HSAs are comparable in terms of their habitat
value; therefore the index shall be used to differentiate higher value from lower value lands for the
purpose of Overlay implementation. Analysis of the Index Map Series shows that HSA lands score within
a range of 0.6 to 2.2. There are approximately 13,800 15,156 acres of cleared agricultural fields located
in HSAs. The average Index score of HAS HSA designated lands is 1.3,however,the average index score
of the naturally vegetated areas within HSAs is 1.5.
Policy 3.3
Further protection for surface water quality and quantity shall be through the establishment of Water
Retention Areas (WRAs), as SSAs within the RLSA Overlay. WRAs are delineated on the Overlay Map
and contain approximately 18,200 18,428 acres. WRAs are privately owned lands that have been
permitted by the South Florida Water Management District to function as agricultural water retention
areas. In many instances, these WRAs consist of native wetland or upland vegetation; in other cases they
are excavated water bodies or may contain exotic vegetation. The Overlay provides an incentive to
permanently protect WRAs by the creation and transfer of Credits, elimination of incompatible uses, and
establishment of protection measures described in Group 1 Policies. Not all lands within the delineated
WRAs are comparable in terms of their natural resource value; therefore, the index shall be used to
differentiate higher value from lower value lands for the purpose of Overlay implementation. Analysis of
the Index Map Series shows that WRA lands score within a range of 0.6 to 2.4; approximately 74%score
greater than 1.2 while 26%score 1.2 or less. The average Index score of WRA land is 1.5.
Policy 3.4
Public and private conservation areas exist in the RLSA and serve to protect natural resources. Corkscrew
Marsh and Okaloacoochee Slough State Forest include approximately 13,500 acres. Analysis shows that
they score within an Index range of 0.0 to 2.2; with an average Index score of 1.5. Because these existing
public areas, and any private conservation areas, are already protected, they are not delineated as SSAs
and are not eligible to generate Credits but do serve an important role in meeting the Goal of the RLSA.
Policy 3.5
Residential uses, General Conditional uses, Earth Mining and Processing Uses, and Recreational Uses
(layers 1-4) as listed in the Matrix shall be eliminated in FSAs in exchange for compensation to the
property owner as described in Policy 3.7. Conditional use essential services and governmental essential
services, other than those necessary to serve permitted uses or for public safety, shall only be allowed in
FSAs with a Natural Resource Stewardship Index value of 1.2 or less. Where practicable, directional
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Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas extraction
in FSAs in order to minimize impacts to native habitats. Other layers may also be eliminated at the
election of the property owner in exchange for compensation. The elimination of the Earth Mining layer
shall not preclude the excavation of lakes or other water bodies if such use is an integral part of a
restoration or mitigation program within an FSA.
Policy 3.6
Residential Land Uses listed in the Matrix shall be eliminated in Habitat Stewardship Sending Areas in
exchange for compensation to the property owner as described in Policy 3.8. Other layers may also be
eliminated at the election of the property owner in exchange for compensation.
Policy 3.7(recommended amendment)
General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed
only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less. Conditional use
essential services and governmental essential services, other than those necessary to serve permitted uses
or for public safety, shall only be allowed in HSAs with a Natural Resource Stewardship Index value of
1.2 or less. Asphaltic and concrete batch making plants are prohibited in all HSAs. Where practicable,
directional drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas
extraction in HSAs in order to minimize impacts to native habitats. In addition to the requirements
imposed in the LDC for approval of a Conditional Use, such uses will only be approved upon submittal of
an EIS En iren ental Impact Statement (EIS) Environmental Data which demonstrates that clearing of
native vegetation has been minimized, the use will not significantly and adversely impact listed species
and their habitats and the use will not significantly and adversely impact aquifers. As an alternative to the
foregoing, the applicant may demonstrate that such use is an integral part of an approved restoration or
mitigation program. Golf Course design, construction, and operation in any HSA shall comply with the
best management practices of Audubon International's Gold Program Cooperative Sanctuary Program
(ASCP) for Golf and the Florida Department of Environmental Protection. Compliance with the
following standards shall be considered by Collier County as meeting the requirement for minimization of
impact:
• Clearing of native vegetation shall not exceed 15%of the native vegetation on the parcel.
• Areas previously cleared shall be used preferentially to native vegetated areas.
• Buffering to Conservation Land shall comply with Policy 4.13.
Policy 3.8
Compensation to the property owner may occur through one or more of the following mechanisms:
creation and transfer of Stewardship Credits, acquisition of conservation easements, acquisition of less
than fee interest in the land, or through other acquisition of land or interest in land through a willing seller
program.
Policy 3.9
1. Agriculture will continue to be a permitted use and its supporting activities will continue to be
permitted as conditional uses within FSAs and HSAs, pursuant to the Agriculture Group
classifications described in the Matrix. The Ag 1 group includes row crops, citrus, specialty farms,
horticulture, plant nurseries, improved pastures for grazing and ranching, aquaculture and similar
activities, including related agricultural support uses. In existing Ag 1 areas within FSAs and
HSAs, all such activities are permitted to continue, and may convert from one type of Agriculture
to another and expand to the limits allowed by applicable permits. Once the Stewardship Credit
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Staff Proposed Amendments Exhibit A PL20 190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
System is utilized and an owner receives compensation as previously described, no further
expansion of Ag 1 will be allowed in FSAs and HSAs beyond existing or permitted limits within
property subject to a credit transfer, except for incidental clearing as set forth in Paragraph 2
below.
2. In order to encourage viable Ag 1 activities, and to accommodate the ability to convert from one
Ag 1 use to another, incidental clearing is allowed to join existing Ag 1 areas, square up existing
farm fields, or provide access to or from other Ag 1 areas, provided that the Ag 1 Land Use Layer
has been retained on the areas to be incidentally cleared, and the Natural Resource Index Value
score has been adjusted to reflect the proposed change in land cover. Incidental clearing is
defined as clearing that meets the above criteria and is limited to 1% of the area of the SSA. In
the event said incidental clearing impacts lands having a Natural Resource Index Value in excess
of 1.2,appropriate mitigation shall be provided.
Policy 3.10
Ag 2 includes unimproved pastures for grazing and ranching, forestry and similar activities, including
related agricultural support uses. In existing Ag 2 areas within FSAs and HSAs, such activities are
permitted to continue, and may convert from one type of Agriculture to another and expand to the limits
allowed by applicable permits. Once the Stewardship Credit System is utilized and an owner receives
compensation as previously described, no further expansion of Ag 2 or conversion of Ag 2 to Ag 1 will
be allowed in FSAs or HSAs beyond existing or permitted limits within property subject to a credit
transfer.
Policy 3.11
1. In certain locations there may be the opportunity for flow-way or habitat restoration. Examples
include, but are not limited to, locations where flow-ways have been constricted or otherwise impeded
by past activities, or where additional land is needed to enhance wildlife corridors. Priority shall be
given to restoration within the Camp Keais Strand FSA or contiguous HSAs. Should a property owner
be willing to dedicate designate land for restoration activities within a FSA or HSA the Camp Keais
Strand FSA o,. contiguous HS n s four one additional Stewardship Credits shall be assigned for each
acre of land so dedicated. An additional two Stewardship credits shall be assigned for each acre of land
dedicated for restoration activities within other FSAs and HSAs. The actual implementation of
restoration improvements is not required for the owner to receive such Credit and the costs of
restoration shall be borne by the governmental agency or private entity undertaking the restoration.
Should an owner also complete restoration improvements, this shall be rewarded with few additional
Credits for each acre of restored land upon demonstration that the restoration met applicable success
criteria, as defined in the Land Development Code or as determined by the permit agency authorizing
said restoration. The additional Credits shall be rewarded for either caracara restoration at 2 Credits per
acre, or for exotic control/burning at 5 Credits per acres, or for flow way restoration at 5 Credits per
acre, or for native habitat restoration at 7 Credits per acre. Within the area proposed for restoration,
Land Use Layers 1-6 must be removed. The specific process for assignment of additional restoration
Credits shall be included in the Stewardship District of the LDC.
2. In certain locations, as generally illustrated in the RLSA Overlay Map, there may be opportunities to
create, restore, and enhance a northern panther corridor connection and a southern panther corridor
connection. Should a property owner in a federally approved corridor designate the required property
for such corridor, 2 Stewardship Credits shall be assigned for each acre of land so designated
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Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
dedicated. Should an owner also complete panther corridor restoration improvements, this shall be
rewarded with few 8 additional Credits for each acre of restored land upon demonstration that the
restoration met applicable success criteria as determined by the federal permit agency authorizing said
restoration. Issuance of the 8 restoration implementation credits may be phased to coincide with a
phased implementation process in accordance with the federal permit.The procedures shall be set forth
in the LDC
3. In order to address a significant loss in Southwest Florida of seasonal, shallow wetland wading bird
foraging habitat, restoration of these unique habitats will be incentivized in the RLSAO. Designation
of any area inside an FSA,HSA, or WRA for such seasonal wetland restoration shall be rewarded with
2 additional Credits per acre. Should the landowner successfully complete the restoration, an
additional 8 Credits per acre shall be awarded upon demonstration that the restoration met applicable
success criteria as determined by the permit agency authorizing said restoration.
4 Only one type of restoration shall be rewarded with these Credits for each acre designated for
restoration and in no case shall more than 10 Credits be awarded per acre.
This policy does not preclude other forms of compensation for restoration which may be addressed
through public-private partnership agreement such as a developer contribution agreement or
stewardship agreement between the parties involved. Also not precluded are various private and
publicly funded restoration programs such as the federal Farm Bill conservation programs. The
specific process for assignment of additional restoration credits shall be included in the Stewardship
District of the LDC.
Policy 3.12
Based on the data and analysis of the Study, FSAs, HSAs, WRAs, and existing public/private
conservation land include the land appropriate and necessary to accomplish the Goal pertaining to natural
resource protection. To further direct other uses away from and to provide additional incentive for the
protection, enhancement and restoration of the Okaloacoochee Slough and Camp Keais Strand, all land
within 500 feet of the delineated FSAs that comprise the Slough or Strand that is not otherwise included
in a HSA or WRA shall receive the same natural index score (0.6)that a HSA receives if such property is
designated as a SSA and retains only agricultural, recreational and/or conservation layers within the
matrix.
Policy 3.13
Water Retention Areas (WRAs) as generally depicted on the Overlay Map have been permitted for this
purpose and will continue to function for surface water retention, detention,treatment and/or conveyance,
in accordance with the South Florida Water Management District (SFWMD) permits applicable to each
WRA. WRAs can also be permitted to provide such functions for new uses of land allowed within the
Overlay. WRAs may be incorporated into an SRA master plan to provide water management functions for
properties within such SRA,but are not required to be designated as a SRA in such instances. However, if
the WRA provides stormwater quality treatment for an SRA,the acreage of the WRA used for stormwater
quality treatment for the SRA shall be included in the SRA credit calculation. WRA boundaries are
understood to be approximate and are subject to refinement in accordance with SFWMD permitting.
Policy 3.14
During permitting to serve new uses, additions and modifications to WRAs may be required or desired,
including but not limited to changes to control elevations, discharge rates, storm water pre-treatment,
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Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
grading, excavation or fill. Such additions and modifications shall be allowed subject to review and
approval by the SFWMD in accordance with best management practices. Such additions and
modifications to WRAs shall be designed to ensure that there is no net loss of habitat function within the
WRAs unless there is compensating mitigation or restoration in other areas of the Overlay that will
provide comparable habitat function. Compensating mitigation or restoration for an impact to a WRA
contiguous to the Camp Keais Strand or Okaloacoochee Slough shall be provided within or contiguous to
that Strand or Slough.
Policy 3.15
Any development on lands participating in the RLSA Overlay Program shall be compatible with
surrounding land uses. Within of the eff tive date o f this Policy By LI year of the date of
adoption of the ordinance], LDC regulations shall be initiated for outdoor lighting to protect the nighttime
environment, conserve energy, and enhance safety and security.
Group 4 - Policies to enable conversion of rural lands to other uses in appropriate locations, while
discouraging urban sprawl, and encouraging development that utilizes creative land use planning
techniques by the establishment of Stewardship Receiving Areas.
Policy 4.1
Collier County will encourage and facilitate uses that enable economic prosperity and diversification of
the economic base of the RLSA. Collier County will also encourage development that utilizes creative
land use planning techniques and facilitates a compact form of development to accommodate population
growth by the establishment of Stewardship Receiving Areas (SRAs). Incentives to encourage and
support the diversification and vitality of the rural economy such as flexible development regulations,
expedited permitting review, and targeted capital improvements shall be incorporated into the LDC
Stewardship District.
Policy 4.2
All privately owned lands within the RLSA which meet the criteria set forth herein are eligible for
designation as an SRA,except land delineated as a FSA, HSA, WRA or land that has been designated as a
Stewardship Sending Area. The exception, consistent with Policy 3.13, is when a WRA provides
stormwater quality treatment for an SRA, then the acreage of the WRA used for stormwater quality
treatment for the SRA shall be included in the SRA. Land proposed for SRA designation shall meet the
suitability criteria and other standards described in Group 4 Policies. Due to the long-term vision of the
RLSA Overlay,extending to a horizon year of 2025, and in accordance with the guidelines established in
Chapter 163.3177(11) F.S., the specific location, size and composition of each SRA cannot and need not
be predetermined in the GMP. In the RLSA Overlay, lands that are eligible to be designated as SRAs
generally have similar physical attributes as they consist predominately of agriculture lands which have
been cleared or otherwise altered for this purpose. Lands shown on the Overlay Map as eligible for SRA
designation include approximately 74300 72,000 acres outside of the ACSC and approximately 18 00
15,000 acres within the ACSC. Total SRA designation shall be a maximum of 45,000 acres.
Approximately 2% of these lands achieve an Index score greater than 1.2. Because the Overlay requires
SRAs to be compact, mixed-use and self sufficient in the provision of services, facilities and
infrastructure, traditional locational standards normally applied to determine development suitability are
not relevant or applicable to SRAs. Therefore the process for designating a SRA follows the principles of
the Rural Lands Stewardship Act as further described procedures set forth herein and the adopted RLSA
Zoning Overlay District.
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Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
Policy 4.3
Land becomes designated as a SRA upon petition by a property owner to Collier County seeking such
designation and the adoption of a resolution by the BCC granting the designation. The petition shall
include a SRA master plan as described in Policy 4.5. The basis for approval shall be a finding of
consistency with the policies of the Overlay, including required suitability criteria set forth herein,
compliance with the LDC Stewardship District, and assurance that the applicant has acquired or will
acquire sufficient Stewardship Credits to implement the SRA uses. Within one year from the effective
date of this amendment, Collier County shall adopt LDC amendments to establish the procedures and
submittal requirements for designation as a SRA, to include provisions for consideration of impacts,
including environmental and public infrastructure impacts, and ns f r publiic not ee of an'' the
opportunity for public participation in any consideration by the BCC of such a designation.
Policy 4.4
Collier County will update the Overlay Map to delineate the boundaries of each approved SRA. Such
updates shall not require an amendment to the Growth Management Plan but shall be retroactively
incorporated into the adopted Overlay Map during the EAR based amendment process when it
periodically initiated by the County,.occurs.
Policy 4.5(recommended amendment)
To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to
Collier County as a part of the petition for designation as a SRA. The master plan will demonstrate that
the SRA complies with all applicable policies of the Overlay and the LDC Stewardship District and is
designed so that incompatible land uses are directed away from wetlands and critical habitat identified as
FSAs and HSAs on the Overlay Map. The SRA Master Plan shall comply with the County's then-adopted
MPO Long Range Transportation Plan (LRTP), the County Build Out Vision Plan as may be amended
and referenced in Policy 3.7 of the Transportation Element,=and Access Management procedures.
Each SRA master plan shall include a Management Plan with provisions for minimizing human and
wildlife interactions. Low intensity land uses (e.g. passive recreation areas, golf courses) and vegetation
preservation requirements, including agriculture, shall be used to establish buffer areas between wildlife
habitat areas and areas dominated by human activities. Consideration shall be given to the most current
Florida Fish and Wildlife Commission guidelines and regulations on techniques to reduce human wildlife
conflict. The management plans shall also require the dissemination of information to local residents,
businesses and governmental services about the presence of wildlife and practices that enable responsible
coexistence with wildlife, while minimizing opportunities for negative interaction, such as appropriate
waste disposal practices.
Policy 4.6
SRA characteristics shall be based upon innovative planning and development strategies referenced in
Chapter 163.3177 (11), F.S. and 9J-5.006(5)(1). These planning strategies and techniques include urban
villages, new towns, satellite communities, area-based allocations, clustering and open space provisions,
and mixed-use development that allow the conversion of rural and agricultural lands to other uses while
protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other
predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and
services. The SRA shall also include a mobility plan that includes vehicular, bicycle/pedestrian, public
transit, internal circulators, and other modes of travel/movement within and between SRAs and areas of
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Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
outside development and land uses. The mobility plan shall provide mobility strategies such as bus
subsidies, route sponsorship or other incentives which encourage the use of mass transit services. The
development of SRAs shall also consider the needs identified in the County Build Out Vision Plan MPO
Long Range Transportation Needs Plan, and plan land uses to accommodate services that would increase
internal capture and reduce trip length and long-distance travel. Such development strategies are
recognized as methods of discouraging urban sprawl, encouraging alternative modes of transportation,
increasing internal capture and reducing vehicle miles traveled.
Policy 4.7
There are few three specific forms of SRA permitted within the Overlay. These are Towns, Villages,
Hamlets, and Compact Rural Development(CRD). The Characteristics of Towns, Villages, Hamlets, and
CRD are set forth in Attachment C and are generally described in Policies 4.7.1, 4.7.2, and 4.7.3 and
4.7.1. Collier County shall establish more Specific regulations, guidelines and standards within the
LDC Stewardship District to guide the design and development of SRAs to include innovative planning
and development strategies as set forth in Chapter 163.3177 (11), F.S. and 9J-5.006(5)(1). The size and
base density of each form shall be consistent with the standards set forth on Attachment C. The
maximum base residential density as set forth in Attachment C may only be exceeded through the density
blending process as set forth in density and intensity blending provision of the Immokalee Area Master
Plan or through the affordable-workforce housing density bonus as referenced in the Density Rating
System of the Future Land Use Element. The base residential density is calculated by dividing the total
number of residential units in a SRA by the overall area therein. The base residential density does not
restrict net residential density of parcels within a SRA. The location, size and density of each SRA will
be determined on an individual basis during the SRA designation review and approval process.
Policy 4.7.1
Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses.
Towns have urban level services and infrastructure that support development that is compact, mixed use,
human scale, and provides a balance of land uses to reduce automobile trips and increase livability.
Towns shall be not less than 1,000 greater than 1,500 acres and up to or m fe than n nnn 5,000 acres and
are comprised of several villages and/or neighborhoods that have individual identity and character.
Towns shall have a mixed-use town center that will serve as a focal point for community facilities and
support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including
an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall
include an internal mobility plan, which shall include a transfer station or park and ride area that is
appropriately located within the town to serve the connection point for internal and external public
transportation. Towns shall have at least one community park with a minimum size of 200 square feet per
dwelling unit in the Town.
Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both
community and neighborhood scaled retail and office uses, in a ratio as provided described in Policy 41.15
4.15.1. Towns may also include those compatible corporate office, research, development companies,
and light industrial uses such as those permitted in the Business Park and Research and Technology Park
Subdistricts of the FLUE, and those included in Policy 4.7.4. Towns shall be the preferred location for
the full range of schools, and to the extent possible, schools and parks shall be located abutting each other
to allow for the sharing of recreational facilities and as provided in Policies 4.15.2 and 4.15.3. Design
criteria for Towns are shall—be included in the LDC Stewardship District. Towns shall not be located
within the ACSC.
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Policy 4.7.2 (recommended amendment)
Villages are primarily residential communities with a diversity of housing types and mix of uses
appropriate to the scale and character o0f the particular village. Villages shall be not less than 440 300
acres, and up to or more than 1,000 acres inside the Area of Critical State Concern and up to not more
than 1,500 acres outside the Area of Critical State Concern. Villages are comprised of residential
neighborhoods and shall include a mixed-use village center to serve as the focal point for the
community's support services and facilities. Villages shall be designed to encourage pedestrian and
bicycle circulation by including an interconnected sidewalk and pathway system serving all residential
neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall
include neighborhood scaled retail and office uses, in a ratio as provided in Policy 4.15. Appropriately
scaled uses described in Policy 1.7.4E 4.7.3 shall also be permitted in Villages. Villages are an appropriate
location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to
each other to allow for the sharing of recreational facilities. Design criteria for Villages shall be are
included in the LDC Stewardship District. Villages greater than 500 acres shall include an internal
mobility plan which shall include a transfer station or park and ride area that is appropriately located
within the village to serve the connection point for internal and external public transportation.
Policy 4.7.3
convenience oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets will
cerve as a more compact alternative to traditional five acre lot rural subdivisions currently allowed in the
baseline standards. Hamlets shall have a public green space for neighborhoods. Hamlets include
convenience retail uses, in a ratio as provided in Attachment C. Hamlets may be an appropriate location
for pre K through elementary schools. Design criteria for Hamlets shall bo included in the LDC
Stewardship District. To maintain a proportion of Ha ,
Hamlets, in combination with CRDs of 100 acres or less, may be approved as SRAs prior to the approval
100 acres or less, may be approved for each subsequent Village or Town.
Policy 44 4.7.3
Compact Rural Development (CRD) is a form of SRA that will provide flexibility with respect to the
mix of uses and design standards but shall otherwise comply with the standards of a Hamlet or Village.
shall support and further Collier County's valued attributes of agriculture, natural resources and economic
diversity. CRDs shall demonstrate a unique set of uses and support services necessary to further these
attributes within the RLSA. Primary CRD uses shall be those associated with and needed to support
research, education, convenience retail,tourism or recreation. A CRD may include but is not required to
have permanent residential housing and the services and facilities that support permanent residents. and
the services that support permanent residents. The number of residential units shall be equivalent with the
demand generated by the primary CRD use but shall not exceed the maximum of two units per gross acre.
A CRD shall be a maximum size of 4.00 300 acres. An example of a CRD is an ecotourism village that
would have a unique set of uses and support services different from a traditional residential village. It
would contain transient lodging facilities and services appropriate to cco tourists, but may not provide for
the range of services that are necessary to support permanent residents. Except as described above, a CRD
will conform to the characteristics of a Village or Hamlet as set forth on Attachment C based on the size
of the CRD. As residential units arc not a required use, those goods and services that support resident,
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such as retail, office, civic, governmental and institutional uses shall also not be required, _ Hhowever1
for any CRD that does include permanent residential housing, the proportionate support services listed
above shall be provided in accordance with Attachment C. To maintain a proportion of CRDs of 100
acres or less to Villages and Towns, not more than 5 CRDs of 100 acres or less, in combination with
Hamlets, may be approved as SRAs prior to the approval of a Village or Town, and titer after nor more
than 5 additional CRDs of 100 acres or less, in combination with Hamlets, may be approved ofr each
subsequent Village or Town. To maintain a proportion of CRDs of-1-00 300 acres or less to Villages and
Towns,not more than 5 CRDs of-1-00 300 acres or less may be approved as SRAs prior to the approval of
a Village or Town, and thereafter not more than 5 additional CRDs of 400 300 acres or less may be
approved prior to each subsequent Village or Town. There shall be no more than 5 CRDs of more than
100 acres in size. The appropriateness of this limitation shall be reviewed in 5 years pursuant to Policy
1.22.
Policy 4.7.4
Existing urban areas, Towns and Villages shall be the preferred location for business and industry within
the RLSA, to further promote economic sustainability and development, diversification and job creation.
The business and industry use allowed includes, but is not limited to, those as defined as Florida
Qualified Target Industries. The appropriate scale and compatibility of these uses within a Town or
Village will be addressed during SRA application process.
Policy 4.7.5
To address the accommodation of Affordable Housing in a Town or Village, the SRA applicant shall
utilize one of the following options:
1) Affordable Housing Land Reservation
a) Reservation of one or more site(s)within the SRA or within a proximal SRA in the RLSAO with
densities and development standards that accommodate Affordable Housing residential uses at a
minimum density of 10 units per acre, for acquisition by either Collier County, a Community
Land Trust,a private developer or any other affordable housing provider.
b) The aggregate acreage of such site(s) shall be equal to or greater than 2.5% of the gross area of
the SRA.
c) The acreage of land reserved for Affordable Housing will be considered as a Public Benefit Use
and not require the consumption of Stewardship Credits but shall be included in the calculation of
total SRA acreage.
d) The County shall verify the site(s) is/are appropriate and approve the site(s) at time of SRA
approval, subject to standards to be established in the LDC.
e) Affordable Housing units shall be excluded from the Traffic Impact Statement or trip cap for the
SRA in which they are located.
2) Alternatives proposed by the SRA Applicant
a) While compliance with the Land Reservation described above shall be deemed to satisfy
affordable housing requirements, other options may be proposed by the SRA applicant and
approved by the Board of County Commissioners to address housing affordability issues in the
subject SRA.
3) The process and procedures to implement this policy shall be set forth in the Rural Lands Stewardship
Area Overlay Zoning District.
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Policy 4.8
An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer
such areas as described in Policy 4.13. An SRA may be contiguous to and served by a WRA without
requiring the WRA to be designated as an SRA in accordance with Policy 3.12 and 3.13.
Policy 4.9(recommended amendment)
An SRA must contain sufficient suitable land to accommodate the planned development in an
environmentally acceptable manner. The primary means of directing development away from wetlands
and critical habitat is the prohibition of locating SRAs in FSAs;and HSAs, and WRA&. To further direct
development away from wetlands and critical habitat, residential, commercial, manufacturing/light
industrial, group housing, and transient housing, institutional, civic and community service uses within a
SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. In
addition, conditional use essential services and governmental essential services, with the exception of
those necessary to serve permitted uses and for public safety, shall not be sited on lands that receive a
Natural Resource Index value of greater than 1.2. Infrastructure necessary to serve permitted uses may be
exempt from this restriction, provided that designs seek to minimize the extent of impacts to any such
areas. The Index value of greater than 1.2 represents those areas that have a high natural resource value as
measured pursuant to Policy 1.8. Less than 2% of potential SRA land achieves an Index score of greater
than 1.2.
Policy 4.10(recommended amendment)
Within the RLSA Overlay, open space, which by definition shall include public and private conservation
lands, underdeveloped areas of designated SSAs, agriculture, water retention and management areas and
recreation uses, will continue to be the dominant land use. Therefore, open space adequate to serve the
forecasted population and uses within the SRA is provided. To ensure that SRA residents have such areas
proximate to their homes, open space shall also comprise a minimum of thirty-five percent of the gross
acreage of an individual SRA Town; or Village. , or those CRDs exceeding 100 acres. Lands within a
SRA greater than one acre with Index values of greater than 1.2 shall be retained as open space- except
for the allowance of uses described in Policy 4.9. As an incentive to encourage open space, such uses
within an SRA, located outside of the ACSC, exceeding the required thirty five percent shall not be
required to consume Stewardship Credits but shall be counted as part of the SRA acreage.
Policy 4.11
The perimeter of each SRA shall be designed to provide a transition from higher density and intensity
uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs shall
be well defined and designed to be compatible with the character of adjoining property. Techniques such
as, but not limited to setbacks, landscape buffers, and recreation/open space placement may be used for
this purpose. Where existing agricultural activity adjoins an SRA, the design of the SRA must take this
activity into account to allow for the continuation of the agricultural activity and to minimize any conflict
between agriculture and SRA uses.
Policy 4.12
Where an SRA adjoins a FSA, HSA, WRA or existing public or private conservation land delineated on
the Overlay Map, best management and planning practices shall be applied to minimize adverse impacts
to such lands. SRA design shall demonstrate that ground water table draw down or diversion will not
adversely impact the adjacent FSA, HSA, WRA or conservation land. Detention and control elevations
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shall be established to protect such natural areas and be consistent with surrounding land and project
control elevations and water tables.
Policy 4.13
Open space within or contiguous to a SRA shall be used to provide a buffer between the SRA and any
adjoining FSA, HSA, or existing public or private conservation land delineated on the Overlay Map.
Open space contiguous to or within 300 feet of the boundary of a FSA, HSA, or existing public or private
conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf
areas are allowed within the first 200 feet,passive recreational areas and parks,required yard and set-back
areas, and other natural or man-made open space. Along the west boundary of the FSAs and HSAs that
comprise Camp Keais Strand, i.e., the area south of Immokalee Road, this open space buffer shall be 500
feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet.
Policy 4.14
The SRA must have either direct access to a County collector or arterial road or indirect access via a road
provided by the developer that has adequate capacity to accommodate the proposed development in
accordance with accepted transportation planning standards. At the time of SRA approval, an SRA
proposed to adjoin land designated as an SRA or lands designated as Open Lands shall provide for the
opportunity to provide direct vehicular and pedestrian connections from said areas to the County's
arterial/collector roadway network as shown on the MPO's LRTP Needs Plan so as to reduce travel time
and travel expenses, improve interconnectivity, increase internal capture, and keep the use of county
arterial roads to a minimum when traveling between developments in the RLSA.
Public and private roads within an SRA shall be maintained by the SRA it serves. Signalized intersections
within or adjacent to an SRA that serves the SRA shall be maintained by the SRA it serves.No SRA shall
be approved unless the capacity of County collector or arterial road(s) serving the SRA is demonstrated to
be adequate in accordance with the Collier County Concurrency Management System in effect at the time
of SRA designation. A transportation impact assessment meeting the requirements of Section 2.7.3 of the
LDC, or its successor regulation shall be prepared for each proposed SRA to provide the necessary data
and analysis. To the extent required to mitigate an SRA's traffic impacts, actions may be taken to
include, but shall not be limited to, provisions for the construction and/or permitting of wildlife crossings,
environmental mitigation credits,right of way dedication(s), water management and/or fill material which
may be needed to expand the existing or proposed roadway network. Any such actions to offset traffic
impacts shall be memorialized in a developer contribution agreement. These actions shall be considered
within the area of significant influence of the project traffic on existing or proposed roadways.
Policy 4.15.1
SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban
Designation of the FLUE, as modified by Policies 4.7, 4.7.1, 4.7.2, and 4.7.3, 1.7.1 and Attachment C.
An appropriate mix of retail, office, recreational, civic, governmental, and institutional uses will be
available to serve the daily needs and community wide needs of residents of the RLSA. Depending on the
size, scale, and character of a SRA, such uses may be provided either within the specific SRA, within
other SRAs in the RLSA or within the Immokalee Urban Area provided the capacity of those adjoining
area's facilities as described in Attachment C to be utilized by the newly created SRA can demonstrate
sufficient capacity exists for their desired uses per the standards of Attachment C. By example, each
Village or Town shall provide for neighborhood retail/office uses to serve its population as well as
appropriate civic and institutional uses, however, the combined population of several Villages and
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Hamlets may be required to support community scaled retail or office uses in a nearby Town. Standards
for the minimum amount of non-residential uses in each category are set forth in Attachment C and shall
be also included in the Stewardship LDC District.
Policy 4.15.2
The Board of County Commissioners (BCC) may, as a condition of approval and adoption of an SRA
development, require that suitable areas for parks, schools, and other public facilities be set aside,
improved, and/or dedicated for public use. When the BCC requires such a set aside for one or more
public facilities, the set aside shall be subject to the same provisions of the LDC as are applicable to
public facility dedications required as a condition for PUD rezoning.
Policy 4.15.3
Applicants for SRA designation shall coordinate with Collier County School Board staff to allow
planning to occur to accommodate any impacts to the public schools as a result of the SRA. As a part of
the SRA application,the following information shall be provided:
1. Number of residential units by type;
2. An estimate of the number of school-aged children for each type of school
impacted(elementary,middle,high school);and
3. The potential for locating a public educational facility or facilities within the SRA,
and the size of any sites that may be dedicated, or otherwise made available
for a public educational facility.
Policy 4.16
An SRA shall have adequate infrastructure available to serve the proposed development, or such
infrastructure must be provided concurrently with the demand. The level of infrastructure provided will
depend on the form of SRA development, accepted civil engineering practices, and LDC requirements.
The capacity of essential services and infrastructure necessary to serve the SRA at build-out must be
demonstrated during the SRA designation process. Infrastructure to be analyzed includes, but not limited
ttotransportation, potable water, wastewater, irrigation water, stormwater management, and solid waste.
Transportation infrastructure is discussed in Policy 4.14. Centralized or decentralized community water
and wastewater utilities are required in Towns and,—Villages, and those CRDs exceeding one hundred
(100) acres in size, and may be required in CRDs that arc one hundred (100) acres or less in size,
depending upon the permitted uses approved within the CRD. Centralized or decentralized community
water and wastewater utilities shall be constructed, owned, operated and maintained by a private utility
service, the developer, a Community Development District, the Immokalee Water Sewer Service District,
Collier County, or other governmental entity. Innovative alternative water and wastewater treatment
systems such as decentralized community treatment systems shall not be prohibited by this policy
provided that they meet all applicable regulatory criteria. Individual potable water supply wells and septic
systems, limited to a maximum of 100 acres of any Town, Village or CRD of 100 acres are permitted on
an interim basis until services from a centralized/decentralized community system are available.
Individual potable water supply wells and septic systems arc permitted in Hamlets and may be permitted
in CRDs of 100 acres or less in size.
Policy 4.17
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The BCC will review and approve SRA designation applications in accordance with the provisions of
Policy 1.4-F2 of the Capital Improvement Element of the GMP and public facilities pursuant to Policy 1.1
of the Capital Improvement Element in addition to the following: jails, law enforcement, emergency
medical services, fire service, government buildings and libraries. for Category A public facilities. Final
local development orders will be approved within a SRA designated by the BCC in accordance with the
Concurrency Management System of the GMP and LDC in effect at the time of final local development
order approval.
Policy 4.18
The SRA will be planned and designed to be fiscally neutral or positive to Collier County at the horizon
year based on a cost/benefit fiscal impact analysis model acceptable to or as may be adopted by the
County. The BCC may grant exceptions to this policy to accommodate affordable-workforce housing, as
it deems appropriate. Techniques that may promote fiscal neutrality such as Community Development
Districts, and other special districts, shall be encouraged. At a minimum, the analysis shall consider the
following public facilities and services: transportation, potable water, wastewater, irrigation water,
stormwater management, solid waste, parks, law enforcement, and schools. Development phasing,
developer contributions and mitigation, and other public/private partnerships shall address any potential
adverse impacts to adopted levels of service standards.
In the event that An SRA development, including any related impacts to Collier County outside of those
directly generated by tho SRA, generates surplus revenues to Collier County,-and Collier County may
choose to allocate a portion of such surplus revenues to ensure that sufficient resources are available to
allow Collier County to respond expeditiously to economic opportunities and to compete effectively for
high-value research, development and commercialization, innovation, and alternative and renewable
energy business projects.
Policy 4.19
Eight Credits shall be required for each acre of land included in an SRA,where such Credits were created
from a Stewardship Sending Area deemed vested under the eight Credit ratio submitted for review or
approved prior to (the adoption date of this Ordinance). Ten Credits per acre shall be required for each
acre of land included in an SRA, where such Credits were created from any other Stewardship Sending
Area.except for open space in excess of the required thirty five percent as described in Policy 4.10 or for
Land that is designated for a public benefit use described in Policy 444 4.20 do not require use of Credits.
In order to promote compact, mixed use development and provide the necessary support facilities and
services to residents of rural areas, the SRA designation entitles a full range of uses, accessory uses and
associated uses that provide a mix of services to and are supportive to the residential population of a SRA,
as provided for in Policies 4.7, 43 4.15.1 and Attachment C. Such uses shall be identified, located and
quantified in the SRA master plan.
Policy 4.20
The acreage of open space exceeding thirty five percent and public benefit use shall net count toward the
maximum acreage limits of an SRA, described in Policy 1.7 but shall not count toward the consumption
of Stewardship Credits. For the purpose of this policy, public benefit uses include: affordable housing as
defined in the LDC, public schools (preK-12) and public or private post secondary institutions, including
ancillary uses; community parks exceeding the minimum acreage requirements of Attachment C,
municipal golf courses; regional parks; and governmental facilities excluding essential services as defined
in the LDC. The location of public schools shall be coordinated with the Collier County School Board,
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based on the interlocal agreement 163.3177 F.S. and in a manner consistent with 235.193 F.S. Schools
and related ancillary uses shall be encouraged to locate in or proximate to Towns; and Villages--and
Hamlets subject to applicable zoning and permitting requirements.
Policy 4.21
Lands within the ACSC that meet all SRA criteria shall also be restricted such that credits used to entitle a
SRA in the ACSC must be generated exclusively from SSAs within the ACSC. Further,the only form of
SRA allowed in the ACSC east of the Okaloacoochee Slough shall be Hamlets and CRDs of 100 acres or
less and the only form of SRA allowed in the ACSC west of the Okaloacoochee Slough shall be CRDs
and Villages awl-C s of not more than 300 acres and Hamlets. Provided;not more than 1,000 aces of
SRA development in the form of Villages or CRDs however,that CRDs or not more than 500 acres each,
exclusive of any lakes created prior to the effective date of this amendment June 30, 2002 as a result of
mining operations, shall be allowed in areas that have a frontage on State Road 29 and that, as of the
effective date of these amendments, had been predominantly cleared as a result of Ag Group I or Earth
Mining or Processing Uses. This policy is intended to assure that the RLSA Overlay is not used to
increase the development potential within the ACSC but instead is used to promote a more compact form
of development as an alternative to the Baseline Standards already allowed within the ACSC. No policy
of the RLSA Overlay shall take precedence over the Big Cypress ACSC regulations and all regulations
therein shall apply.
Policy 4.22
When historic or cultural resources are identified within the RLSA through the SRA designation process,
the applicant in conjunction with the Florida Division of State and Historic Resources will assess the
historic or cultural significance and explore the educational and public awareness opportunities regarding
significant resources.
Policy 4.23
Any development on lands participating in the RLS Program shall be compatible with surrounding land
uses. Within one year of the effective date of this Policy LDC regulations shall be implemented for
outdoor lighting to protect the nighttime environment,conserve energy, and enhance safety and security.
Group 5- Policies that protect water quality and quantity and the maintaining of the natural water
regime and protect listed animal and plant species and their habitats on land that is not voluntarily
included in the Rural Lands Stewardship Area program.
Policy 5.1
To protect water quality and quantity and maintenance of the natural water regime in areas mapped as
FSAs and designated Restoration Areas as shown on the Overlay Map, prior to the time that they are
designated as SSAs under the Stewardship Credit Program, Residential Uses, General Conditional Uses,
Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Matrix shall be
eliminated,in FSAs. Conditional use essential services and governmental essential services, except those
necessary to serve permitted uses or for public safety, shall only not be allowed in FSAs. Infrastructure
necessary to serve permitted uses may be exempt from this restriction, provided that designs seek to
minimize the extent of impacts to any such areas.with a Natural Resource Stewardship Index value of 1.2
or less. Where practicable, directional-drilling techniques and/or previously cleared or disturbed areas
shall be utilized for oil or gas extraction in FSAs in order to minimize impacts to native habitats.
Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs. The
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opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell
conservation easements or a free or lesser interest in the land, shall constitute compensation for the loss of
these rights.
Policy 5.2
To protect water quality and quantity and maintenance of the natural water regime and to protect listed
animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the Overlay
Map that are within the ACSC, all ACSC regulatory standards shall apply, including those that strictly
limit non-agricultural clearing.
Policy 5.3
To protect water quality and quantity and maintenance of the natural water regime and to protect listed
animal and plant species and their habitats in areas mapped as FSAs, HSAs, and WRAs on the Overlay
Map that are not within the ACSC, if a property owner proposes to utilize such land for a non-agricultural
purpose under the Baseline Standards referenced in Policy 1.5 and does not elect to use the Overlay,these
Group 5 policies followingfellewing—regul*iens—ar-e—wlieable7 shall be incorporated into the LDC, and shall
supersede any comparable existing County regulations that would otherwise apply. These regulations
shall only apply to non-agricultural use of land prior to its inclusion in the Overlay system.
Policy 5.4
Collier County will coordinate with appropriate State and Federal agencies concerning the provision of
wildlife crossings at locations determined to be appropriate. A map of these potential crossing locations
will be initiated by [12 months of the adoption of this Ordinance], updated periodically, and shall be
incorporated into community, cultural and historical, and transportation planning for the RLSA, including
all SRAs described in Group 4 Policies.
Policy 5.5
For those lands that are not voluntarily included in the Rural Lands Stewardship program non-
agricultural development, excluding individual single family residences, shall be directed away from the
listed species and species of special local concern (SSLC), as defined by Florida Fish and Wildlife
Commission, and their habitats by complying with the following guidelines and standards. A SSLC is
defined as species that have been delisted but for which there remain federal, state and/or local
.,tectio ndlo nt ple if„ idel: s for the „tectio
1. A wildlife survey shall be required for all parcels when listed species or SSLC are known
to inhabit biological communities similar to those existing on site or where listed species or
SSLC are utilizing directly observed on the site. The survey shall be conducted in
accordance with the requirements of the Florida Fish and Wildlife Conservation
Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The
County shall notify the FFWCC and USFWS of the existence of any listed species or SSLC
that may be discovered.
2. Wildlife habitat management plans for listed species or SSLC shall be submitted for County
approval. A plan shall be required for all projects where the wildlife survey indicated listed
species or SSLC are utilizing the site, or the site is capable of supporting wildlife and can
be anticipated to be occupied by listed species or SSLC. These plans shall describe how the
project directs incompatible land uses away from listed species or SSLC and their
habitats.
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a. Management plans shall incorporate proper techniques to protect listed species
or SSLC and their habitats from the negative impacts of proposed development.
The most current and completed data and local, state, and federal guidelines and
regulations shall be utilized to prepare the required management plans. Open
space and vegetation preservation requirements shall be used to establish buffer
areas between wildlife habitat areas and areas dominated by human activities.
Provisions such as fencing, walls, or other obstructions shall be provided to
minimize development impacts to the wildlife and to facilitate and encourage
wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses
and signage shall be used where roads must cross wildlife corridors. Mitigation
for impacting listed species or SSLC habitat shall be considered in the
management plans,as appropriate.
i. The following references shall be used, as appropriate, to prepare the
required management plans:
1 South Florida Multi Species Recovery Plan, USFWS, 1999.
2 Habitat Management Guidelines for the Bald Eagle in the Southeast
Region, USFWS, 1987.
3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus
polyphemus) Populations found on Lands Slated for Largo Scale
Development in Florida, Technical—Report Ne. ^, Florida Gam nd
Fresh Water Fish Commission, 1987.
'I Ecology and Development Related Habitat Requirements of the Florida
Scrub Jay (Apelocoma coerulescens), Technical Report No. 8, Florida
Game and Fresh Water Fish Commission, 1991.
5. Ecology and Habitat Protection Needs of the Southeastern American Kestrel
(Falco Sparverius Paulus) on Large scale Development Sites in Florid'
Nongame Technical Report No. 13, Florida Game and Fresh Water Fish
Commission, 1993.
i. 4 The County shall consider any other techniques recommended by the
USFWS and FFWCC, subject to the provision of paragraph 3 of this policy.
ii. in, When listed species or SSLC are utilizing a directly observed eta-site or
indicated by evidence, such as denning, foraging, or other indications, a
minimum of 40% of native vegetation on site shall be retained, with the
exception of clearing for agricultural purposes. The County shall also
consider the recommendation of other agencies, subject to the provisions of
paragraph 3 of this policy.
b. Management plans shall include provisions for minimizing human and wildlife
interactions. Low intensity land uses (e.g. parks, passive recreation areas, golf
courses) and vegetation preservation requirements, including agriculture, shall be
used to establish buffer areas between wildlife habitat areas and areas dominated by
human activities. Consideration shall be given to the most current Florida Fish and
Wildlife Commission guidelines and regulations on techniques to reduce human
wildlife conflict. The management plans shall also require the dissemination of
information to local residents, businesses and governmental services about the
presence of wildlife and practices (such as appropriate waste disposal methods) that
enable responsible coexistence with wildlife, while minimizing opportunities for
negative interaction, such as appropriate waste disposal practices.
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c. The Management Plans shall contain a monitoring program for developments greater
than ten acres.
b. For parcels containing gopher tortoises (Gophcrus polyphemus), priority shall
be given to protecting the largest most contiguous gopher tortoise habitat with
the greatest number of active burrows, and for providing a connection to off
site adjacent gopher tortoise preserves.
c.Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall
conform to the guidelines contained in Technical Report No. 8, Florida Game
and Fresh Water Fish Commission, 1991. The required management plan shall
also provide for a maintenance program and specify an appropriate fire or
mechanical protocols to maintain the natural scrub community. The plan shall
also outline a public awareness program to educate residents about the on site
preserve and the need to maintain the scrub vegetation. These requirements
shall be consistent with the UFWS South Florida Multi Species Recovery Plan,
May 1999, subject to the provisions of paragraph(3)of this policy.
d.For the bald eagle(Haliacetus leucocephalus),the required habitat management
plans shall establish protective zones around the eagle nest restricting certain
activities. The plans shall also address restricting certain types of activities
during the nest season. These requirements shall be consistent with the UFW„e
South Florida Multi Species Recover Plan, May 1999, subject to the provisions
of paragraph(3)of this policy.
c.For the red cockaded woodpecker 1picoides borealis), the required habitat
protection plan shall outline measures to avoid adverse impacts to active
clusters and to minimize impacts to foraging habitat. Where adverse effects
can not be avoided, measures shall be taken to minimize on site disturbance
and compensate or mitigate for impacts that remain. These requirements shall
be consistent with the UFWS South Florida Multi Species Recovery Plan, May
1999, subject to the provision of paragraph 3)of this policy.
f. In areas where the Florida black bear (Ursus americanus floridanus) may be
present, the management plans shall require that garbage be placed in b ar
proof containers, at one or more central locations. The management plan shall
also identify methods to inform local residents of the concerns related to
i-nter-asti-eii--hetweew-blaek-heafs-anel-liam-ansM-i4gat-i-en-fer-ini-paeting-habitat
suitable for black bear shall be considered in the management plan.
C is located Priority T Priority II Panther Hab tat the
management plan shall discourage the destruction of undisturbed, native
habitats that arc preferred by the Florida panther (Fclis concolor coryi) by
include pine flatwoods and hardwood hammocks. In turn, these areas shall be
buffered from the most intense land uses of the project by using low intensity
1 d / rL ..t: al olf s\ cola o
within the Rural Lands Area shall be designed and managed using standards
found within this Overlay. The management plans shall identify appropriate
lighting controls for these permitted uses and shall also address the opportunity
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Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
communities and provide browse for white tailed deer. These Fequifements
shall be consistent with the UFWS South Florida Multi Species Recover Plan,
May 1999, subject to the provisions of paragraph(3)of this policy. The Multi
Species Recovery Plan (1999) shall constitute minimum wildlife protection
standards for the RLSAO.
h.The Management Plans shall contain a monitoring program for developments
greater than 10 acres.
3. The County shall, consistent with applicable policies of this Overlay, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recommendations from the US Fish and Wildlife Service in
issuing development orders on property containing utilized by listed species or SSLC. It is
recognized that these agency recommendations, on a case by case basis, may change
strengthen the requirements contained within these wildlife protection policies and any such
change shall be deemed consistent with the Growth Management Plan. However, no
reduction of the wildlife protection policies of Policy 5.5 will be considered as these shall
constitute minimum standards for wildlife protection.
Policy 5.6
For those lands that are not voluntarily included in the Rural Lands Stewardship program, Collier County
shall direct non-agricultural land uses away from high functioning wetlands by limiting direct impacts
within wetlands. A direct impact is hereby defined as the dredging or filling of a wetland or adversely
changing the hydroperiod of a wetland. This policy shall be implemented as follows:
1. There are two (2) major wetlands systems within the RLSA, Camp Keais Strand and the
Okaloacoochee Slough. These two systems have been mapped and are designated as
FSA's. Policy 5.1 prohibits certain uses within the FSA's, thus preserving and protecting
the wetlands functions within those wetland systems.
2. The other significant wetlands within the RLSA are WRA's as described in Policy
3.3.These areas are protected by existing SFWMD wetlands—permits Environmental
Resource Permit for each area.
3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site
clearing and alteration limitations, nonpermeable surface limitations, and requirements
addressing surface water flows which protect wetland functions within the wetlands in
those areas. Other wetlands within the RLSA are isolated or seasonal wetlands. These
wetlands will be protected based upon the wetland functionality assessment described
below, and the final permitting requirements of the South Florida Water Management
District.
a. The County shall apply the vegetation retention, open space and site preservation
requirements specified within this Overlay to preserve an appropriate amount of
native vegetation on site. Wetlands shall be preserved as part of this vegetation
requirement according to the following criteria:
i. The acreage requirements specified within this Overlay shall be met by
preserving wetlands with the highest wetland functionality scores. Wetland
functionality assessment scores shall be those described in paragraph b of this
policy. The vegetative preservation requirements imposed by Policies 5.3 and
5.5 shall first be met through preservation of wetlands having a functionality
assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method
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08/03/2020 CCPC Transmittal Hearing Page 28 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
score of 0.7, or greater. Within one year from the effective date of this
Amendment, the County shall develop specific criteria in the LDC to be used
to determine those instances in which wetlands with a WRAP functionality
assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method
score of 0.7,or greater must be preserved in excess of the preservation required
by Policy 5.3.
ii. Wetlands and contiguous upland buffers that are utilized by listed species or
SSLC, or serving as corridors for the movement of listed species or SSLC,
shall be preserved on site. Wetland flowway functions through the project shall
be maintained.
iii. Proposed development shall demonstrate that ground water table drawdowns or
diversions will not adversely change the hydoperiod of preserved wetlands on
or offsite. Detention and control elevations shall be set to protect surrounding
wetlands and be consistent with surrounding land and project control elevations
and water tables. In order to meet these requirements, projects shall be
designed in accordance with Sections 4.2.2.4.3 6.11 and 6.12, of SFWMD's
Basis of Review, January 2001, as amended. Upland vegetative communities
may be utilized to meet the vegetative, open space and site preservation
requirements of this Overlay when the wetland functional assessment score is
less than 0.65.
b. In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate functionality of wetlands using the South Florida Water
Management District's Wetland Rapid Assessment Procedure (WRAP), as described
in Technical Publication Reg-001, dated September 1997, and updated August 1999,
as amended, andor the Uniform Wetland Mitigation Assessment Method, identified
as F.A.C. Chapter 62-345. The applicant shall submit to County staff agency-
accepted WRAP scores, or Uniform Wetlands Mitigation Assessment scores. County
staff shall review this functionality assessment as part of the County's EIS
Environmental Data provisions and shall use the results to direct incompatible land
uses away from the highest functioning wetlands according to the requirements found
in paragraph 3 above.
c. All direct impacts shall be mitigated for pursuant to the requirements of paragraph(f)
of this policy.
d. Single family residences shall follow the requirements contained within Policy 6.2.7
of the Conservation and Coastal Management Element.
e. The County shall separate preserved wetlands from other land uses with appropriate
buffering requirements. The County shall require a minimum 50-foot vegetated
upland buffer abutting a natural water body, and for other wetlands a minimum 25-
foot vegetated upland buffer abutting the wetland. A structural buffer may be used in
conjunction with a vegetative buffer that would reduce the vegetative buffer width by
50%. A structural buffer shall be required abutting wetlands where direct impacts are
allowsed. Wetland buffers shall conform to the following standards:
i. The buffer shall be measured landward from the approved jurisdictional line.
ii. The buffer zone shall consist of preserved native vegetation. Where native
vegetation does not exist, native vegetation compatible with the existing soils and
expected hydrologic conditions shall be planted.
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08/03/2020 CCPC Transmittal Hearing Page 29 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
iii. The buffer shall be maintained free of Category I invasive exotic plants, as
defined by the Florida Exotic Pest Plant Council.
iv. The following land uses are considered to be compatible with wetland functions and
are allowed within the buffer:
(1) Passive recreational areas, boardwalks and recreational shelters;
(2) Pervious nature trails;
(3) Water management structures;
(4) Mitigation areas;
(5) Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
v. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with
suitable fencing.
f. Mitigation shall be required for direct impacts to wetland in order to result in no net
loss of wetland functions.
Mitigation Requirements:
i. "No net loss of wetland functions"shall mean that the wetland functional score of
the proposed mitigation equals or exceeds the wetland functional score of the
impacted wetlands. Priority shall be given to mitigation within FSA's and HSA's.
ii. Loss of storage or conveyance volume resulting from direct impacts to wetlands
shall be compensated for by providing an equal amount of storage or conveyance
capacity on site and within or abutting the impacted wetland.
iii. Protection shall be provided for preserved or created wetland or upland vegetative
communities offered as mitigation by placing a conservation easement over the
land in perpetuity, providing for initial exotic plant removal (Class I invasive
exotic plants defined by the Florida Exotic Plan Council) and continuing exotic
plant maintenance, or by appropriate ownership transfer to a state or federal
agency along with sufficient funding for perpetual management activities.
iv. Exotics removal or maintenance may be considered acceptable mitigation for the
loss of wetlands or listed species habitat if those lands if those lands arc placed
under a perpetual conservation easement with perpetual maintenance
-i-v v. Prior to issuance of any final development order that authorizes site alteration,
the applicant shall demonstrate compliance with paragraphs (f) i, ii, and iii of this
policy and SFWMD standards. If agency permits have not provided mitigation
consistent with this policy, Collier County will require mitigation exceeding that
of the jurisdictional agencies.
g. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted
as separate tracts. In the case of a Planned Unit Development (PUD), these areas
shall also be depicted on the PUD Master Plan. These areas shall be maintained free
from trash and debris and from Category I invasive exotic plants, as defined by the
Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited
to those listed above (3.e.iv.) and shall not include any other activities that are
detrimental to drainage, flood, control, water conservation, erosion control or fish
and wildlife habitat conservation and preservation.
4. All landowners shall be encouraged to consider participating in any programs that provide
incentives, funding or other assistance in facilitating wetland and habitat restoration on
private lands including, but not limited to, federal farm bill agricultural conservation
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08/03/2020 CCPC Transmittal Hearing Page 30 of 38
Staff Proposed Amendments Exhibit A PL20190002292
Future Lands Use Element
Rural Lands Stewardship Area Overlay Amendments—CCPC Transmittal Draft
programs, private or public grants,tax incentives, easements,and fee or less than fee sale to
conservation programs.
Policy 5.7
Any development on lands not participating in the RLS Program shall be compatible with surrounding
land uses. Within one year of the effective date of this Policy, LDC regulations shall be implemented for
outdoor lighting to protect the
nighttime environment, conserve energy, and enhance safety and security.
Text underlined is added;text st_ikh is deleted.
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08/03/2020 CCPC Transmittal Hearing Page 31 of 38
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(STEWARDSHIP OVERLAY MAP)
,-,u
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■ Legend
• ,ENDED-JANUARY 25,2007 N
(Ord.No.2007-18) -Major Roads Stewardship Areas
AMENDED-OCTOBER 14,2008 w t: Q RLSA Program AreaI(Ord N0.2008-59) TTTCCG���` 500 Foot Restoration Area
AMENDED-SEPTEMBER 13,2011
8 I= Area of Critical State Concern I.Flowway Stewardship Area(FSA)
(Ord.No.2011-26) 0 1 2 l7A Stewardship Receiving Area(SRA)_Habtitat Stewardship Area(HSA)
AMENDED-JUNE 13,2017 Water Retention Area(WRA)
(Ord.No.2017-22) Miles ® Stewardship Sending Area(SSA)
11111 08/03/2020 M;,,;. � Transmittal Hearin Open Page 37 of 38
Big Cypress National Forest
Illiill
Proposed Draft
RURAL LANDS STEWARDSHIP AREA OVERLAY MAP
NORTH CORRIDOR GENERAL LOCATION 1 1,) Okaloac hhee
��ep SR8 ' ,' 4M14.NI 9
State Forest
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END
N
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A 9
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s
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_
-
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O
i—
O
rn
ill
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lay L75 •
Legend
—Major Roads Stewardship Areas
AMENDED-JANUARY 25,2007 ■ Q RLSA Program Area I I 500 Foot Restoration Area
Ord.No.2007-18
AMENDED-OCTOBER 14,2008 + - ■ I�
MO
® Stewardship Receiving Area(SRA)Area of Critical State Concern Flowway Stewardship Area(FSA)
Ord.No.2008-59
AMENDED-SEPTEMBER 13,2011 �6' Habtdat Stewardship Area(HSA)
Water Retention Area(WRA)
Stewardship Sending Area(SSA)
Ord.No.2011-26 Open
AMENDED-JUNE 13,2017 i 2 4 Public Lands u
Ord.No.2017-22 Miles Ar ` Panther Corridor
Mi8/03f£+2PpED-XXX,XXXX - .,. °" :+!',.6.'.-_:rt. rt•,!- He
Ord.No.XXX-XX
Note:The official designated titles of SSAs can be found within SSA Credit Agreements.