Agenda 12/08/2020 Item #16A37 (Resolution amending SSA #13 Agreement)12/08/2020
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending Resolution 2009-302, as amended, relating to the
Stewardship Sending Area with a designation as “BCI/BCP/SI SSA 13”; approving the extension of
certain dates to December 15, 2022, in the Stewardship Sending Area credit agreement for
BCI/BCP/SI SSA 13 and the Escrow agreement for BCI/BCP/SI SSA 13.
OBJECTIVE: To have the Board of County Commissioners (Board) adopt a Resolution to amend
Resolution 2009-302, as amended, to conditionally extend the SSA an additional two years to December
15, 2022. If the extension is denied, SSA 13 will expire on December 15, 2020.
CONSIDERATIONS: The Stewardship Credit Program is the foundation of the Rural Lands
Stewardship Area (RLSA), which has been recognized in Florida, regionally, and nationally for the
visionary methodology to preserve environmentally significant land, to protect agricultural land, and to
direct growth to suitable locations. Collier County adopted the RLSA Overlay in the Land Development
Code (LDC) as the implementing regulation for the Growth Management Plan amendments known
broadly as the "Rural/Eastern Lands Amendments" which were developed in response to Administration
Commission Final Order No. AC99-002, which required a "Rural and Agricultural Assessment" and
subsequent adoption of the Growth Management Plan amendment based upon that assessment.
On December 15, 2009, the Board during an advertised public hearing adopted Resolution 2009 -302,
which designated 7,414.0 acres in the Rural Lands Stewardship Area (RLSA) Overlay as BCI/BCP/SI
SSA 13. Additionally, the Resolution approved a credit agreement for BCI/BCP/SI SSA 13, approved an
easement agreement for BCI/BCP/SI SSA 13, approved an escrow agreement, and established the number
of Stewardship Credits generated by the designation of said Stewardship Sending Area.
LDC Section 4.08.06.E.2 requires that, following the Board's approval of the SSA application and SSA
Credit Agreement, a legal description of the land designated SSA, t he SSA credits granted, and the
stewardship easement applicable to such lands, shall be provided to the Collier County Property
Appraiser and the applicant, and shall be recorded within 30 days by the applicant in the public records.
On November 18, 2014, Public Hearing, the Board adopted Resolution 2014-237, which extended the
conditional period for SSA 13 an additional three years to December 15, 2017. On December 12, 2017,
Public Hearing, the Board adopted Resolution 2017-227, which extended the conditional period for SSA
13 an additional three years to December 15, 2020. The attached Resolution would amend the existing
credit and escrow agreement to extend the SSA an additional two years until December 15, 2022.
FISCAL IMPACT: There are no fiscal impacts for the County associated with the item. The Owner will
pay for the recording of the Amendment of Land Use Limitations.
GROWTH MANAGEMENT IMPACT: The Rural Lands Stewardship Area Overlay in the Future
Land Use Element (FLUE) establishes the process and requirements for the establishment of SSAs, the
lands qualifying for SSA designation, and the use limitations for lands once they are designated as SSAs.
This land use and growth management tool is implemented through the Rural Lands Stewardship Area
Zoning Overlay.
SSA 13 is designed to utilize the stewardship credits from this SSA to enable future development.
Accordingly, the applicant for SSA 13 has established an Escrow Agreement which delays the
recordation of the Easement Agreement into public records until such time that all requirements in the
Escrow Agreement and a future SRA Credit Agreement, consistent with the provisions of the LDC are
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satisfied. The County Attorney required the recording of the notice of restrictions until the easement is
recorded consistent with the intent of the LDC.
LEGAL CONSIDERATIONS: This item is approved for form and legality. A majority vote is needed
for Board approval. - HFAC
RECOMMENDATION: To adopt the resolution amending the Escrow agreement and the Credit
agreement for SSA 13, to extend that agreement conditionally for an additional two years and subject to
receipt of the recorded amended notice of restrictions within 30 days of board approval of the Executive
Summary.
Prepared by: Anita Jenkins, Interim Director, Zoning Division
ATTACHMENT(S)
1. Resolution - 111220 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.37
Doc ID: 14230
Item Summary: Recommendation to adopt a Resolution amending Resolution 2009-302, as
amended, relating to the Stewardship Sending Area with a designation as “BCI/BCP/SI SSA 13”;
approving the extension of certain dates to December 15, 2022, in the Stewardship Sending Area credit
agreement for BCI/BCP/SI SSA 13 and the Escrow agreement for BCI/BCP/SI SSA 13.
Meeting Date: 12/08/2020
Prepared by:
Title: Planner, Principal – Zoning
Name: Anita Jenkins
11/13/2020 3:03 PM
Submitted by:
Title: Manager - Planning – Zoning
Name: Ray Bellows
11/13/2020 3:03 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/13/2020 3:15 PM
Growth Management Department James C French Deputy Department Head Review Completed 11/13/2020 5:54 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/18/2020 9:19 AM
Office of Management and Budget Anita Jenkins Level 3 OMB Gatekeeper Review Skipped 11/12/2020 4:39 PM
County Attorney's Office Heidi Ashton-Cicko Additional Reviewer Completed 11/18/2020 10:46 AM
Office of Management and Budget Debra Windsor Additional Reviewer Completed 11/18/2020 12:04 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/18/2020 2:30 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/19/2020 7:57 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/30/2020 10:29 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
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Packet Pg. 1996 Attachment: Resolution - 111220 (14230 : SSA 13 Extension Request)
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Packet Pg. 2005 Attachment: Resolution - 111220 (14230 : SSA 13 Extension Request)
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Packet Pg. 2007 Attachment: Resolution - 111220 (14230 : SSA 13 Extension Request)
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Packet Pg. 2008 Attachment: Resolution - 111220 (14230 : SSA 13 Extension Request)