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Agenda 01/12/2021 Item #16C1 (Donation Agreement to Conservation Collier)01/12/2021 EXECUTIVE SUMMARY Recommendation to approve a Donation Agreement that allows Marco A. Espinar to donate a 2.50 - acre parcel along with a management endowment of $11,840, to the Conservation Collier Land Acquisition Program under the offsite vegetation retention provision of the Land Development Code LDC Sec 3.05.07H.1.f.vi. (b), at no cost to the County, and authorize the Chairman to sign the Donation Agreement and staff to take all necessary actions to close. (This is a companion item to Agenda Item 16.A.1. Both items must be either approved or denied together on today’s agenda.) OBJECTIVE: To accept land and a management endowment to Conservation Collier as contemplated in the offsite vegetation retention provision of the Land Development Code. CONSIDERATIONS: Developer has a subdivision plat under review as a companion item to this item. Land Development Code Section 3.05.07 H.1.f.vi. (b), provides the option to developers to accomplish their required native vegetation retention offsite by donating lands and management endowment funds to the Conservation Collier Program. Marco A. Espinar is the owner of a 2.50-acre parcel and is planning to convey this parcel located within the Red Maple Swamp Preserve in North Golden Gate Estates, along with a man agement endowment pursuant to the formula outlined in the LDC provision, to the Conservation Collier Program as offsite preservation for 1.31 acres on the Pine Ridge Center West PUD development (PL20180002264) under the above referenced LDC provision. More information about the project is set forth within the companion item. According to the Pine Ridge Center West PUD Ordinance 20-11, deviation 4.11, this project is based on the LDC prior to Ordinance 2018-34. The deviation allows: …lands donated to Collier County, to be at a ratio of 1: 1 and include a cash payment for management of the land. The amount of this payment shall be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent of the average cost in all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program. The parcel will be cleared of exotic vegetation prior to donation. The management endowment of $11,840 satisfies the PUD Ordinance deviation that “The amount of this payment shall be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent of the average cost in all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program..” The average cost of land in all other Designations is $18,944 per acre. Twenty-five percent of this amount is $4,736; therefore, the endowment is calculated at 4,736 X 2.5 for a total endowment amount of $11,840. Acceptance of this parcel by Conservation Collier will serve to further the protection of environmentally sensitive lands within Red Maple Swamp Preserve. The Conservation Collier Land Acquisition Advisory Committee (CCLAAC) previously recommended the acquisition of parcels within Red Maple Swamp Preserve, as all parcels in this project are on the 2011 A-List, which was approved at the January 25, 2011, Agenda Item No, 10B. Additionally, LDC Section 3.05.07, H.1.f. iii. (b) specifically allows donations within Golden Gate Estates Unit 53, aka Red Maple Swamp Preserve. Upon Board approval, the attached standard form Donation Agreement and a Warranty Deed will be prepared for the County Attorney’s Office review and approval for execution by the Chair and 16.C.1 Packet Pg. 1289 01/12/2021 recordation. FISCAL IMPACT: There is no cost to the County associated with acceptance of this property. The Collier County Property Appraiser values this parcel at $4,500 per acre or a total of $11,250. The $11,840 management endowment is expected to cover maintenance costs for 7 years. Because of its environmental condition, its location within the Red Maple Swamp Preserve boundary, and the proposed management endowment, this 2.50-acre donation is not anticipated to increase the Red Maple Swamp Preserve project's perpetual operations and maintenance costs in the near future. After endowment funds are depleted, and at least 70% of the project area has been acquired, costs to manage the property are expected to be minimal. Potential future costs will be incorporated into the Conservation Collier Long Term Financial Management Plan. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. - JAB RECOMMENDATION: Staff is recommending that the Board: 1. Approves and accepts a standard form of Donation Agreement and Warranty Deed from Marco A. Espinar. 2. Authorizes the Chairman to execute the Donation Agreement with Marco A. Espinar, and any and all other County Attorney’s Office approved documents related to this transaction once they have been approved by the County Attorney’s Office; 3. Authorizes staff to accept the land management endowment, including $11,840 that is required by the LDC. 4. Directs the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to this parcel, and to take all reasonable steps necessary to ensure performance under the Agreement. Prepared By: Cindy Erb, SR/WA, Senior Property Acquisition Specialist, Facilities Management Division ATTACHMENT(S) 1. Signed Donation Agreement_Espinar (PDF) 2. Espinar-PDR-2020 donation_rev (PDF) 16.C.1 Packet Pg. 1290 01/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doc ID: 14304 Item Summary: Recommendation to approve a Donation Agreement that allows Marco A. Espinar to donate a 2.50-acre parcel along with a management endowment of $11,840, to the Conservation Collier Land Acquisition Program under the offsite vegetation retention provision of the Land Development Code LDC Sec 3.05.07H.1.f.vi. (b), at no cost to the County, and authorize the Chairman to sign the Donation Agreement and staff to take all necessary actions to close. (This is a companion item to Agenda Item 16.A.1. Both items must be either approved or denied together on today’s agenda.) Meeting Date: 01/12/2021 Prepared by: Title: Property Acquisition Specialist, Senior – Facilities Management Name: Cindy Erb 12/01/2020 1:01 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 12/01/2020 1:01 PM Approved By: Review: Public Services Department Melissa Hennig Additional Reviewer Completed 12/01/2020 1:06 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/03/2020 1:13 PM Facilities Management Toni Mott Additional Reviewer Completed 12/06/2020 12:24 PM Facilities Management Damon Grant Director - Facilities Completed 12/11/2020 9:49 AM Parks & Recreation Summer BrownAraque Additional Reviewer Completed 12/11/2020 3:52 PM Public Utilities Department JenniferA Rainey Level 1 Division Reviewer Completed 12/15/2020 8:11 AM Public Services Department Todd Henry Additional Reviewer Completed 12/15/2020 12:46 PM Parks & Recreation Michael Dowling Additional Reviewer Skipped 12/21/2020 9:59 AM Parks & Recreation Jeanine McPherson Additional Reviewer Completed 12/21/2020 10:08 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Skipped 12/21/2020 9:22 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/22/2020 1:49 PM Public Services Department Steve Carnell Additional Reviewer Completed 12/22/2020 4:55 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/22/2020 5:00 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2020 2:15 PM 16.C.1 Packet Pg. 1291 01/12/2021 Budget and Management Office Ed Finn Additional Reviewer Completed 12/29/2020 5:00 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/30/2020 11:19 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM 16.C.1 Packet Pg. 1292 16.C.1.a Packet Pg. 1293 Attachment: Signed Donation Agreement_Espinar (14304 : Conservation Collier - Kraft - Espinar) 16.C.1.a Packet Pg. 1294 Attachment: Signed Donation Agreement_Espinar (14304 : Conservation Collier - Kraft - Espinar) 16.C.1.a Packet Pg. 1295 Attachment: Signed Donation Agreement_Espinar (14304 : Conservation Collier - Kraft - Espinar) 16.C.1.a Packet Pg. 1296 Attachment: Signed Donation Agreement_Espinar (14304 : Conservation Collier - Kraft - Espinar) 1 Conservation Collier Land Acquisition Program Project Design Report Espinar Parcel Pine Ridge Center West PUD off-site Preservation Donation Date: November 30, 2020 Property Owner: Marco Espinar Folio(s): 39493200006 Location: Golden Gate Estates Unit 53 W 180FT of TR 37, less the S 2.26 acres Size: 2.50 acres 16.C.1.b Packet Pg. 1297 Attachment: Espinar-PDR-2020 donation_rev (14304 : Conservation Collier - Kraft - Espinar) 2 Collier County Appraiser Value: $11,250 History of Project: It was determined that properties within North Golden Gate Estates (NGGE) Unit 53/Red Maple Swamp and Units 62 and 65/Winchester Head, which are both approved donation areas in the LDC, do not need to be brought back to Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for additional recommendation. On August 17, 2017 the CCLAAC recommended utilizing donation funds for acquisitions in this project area. Purpose of Project: Environmental Conservation – Conservation Collier Program Program Qualifications: The Red Maple Swamp multi-parcel project (AKA NGGE Unit 53), which includes the 2.50-acre Espinar parcel, was first approved by the Board for acquisition as an “A” List multi-parcel property in January 2005, and then confirmed most recently Red Maple Swamp/NGGE Unit 53 is an undeveloped Unit within the North Golden Gate Estates (NGGE) incorporating 305.69 acres and 105 parcels. Conservation Collier has acquired 78 parcels totaling 213.88 acres and currently owns 70% of lands within the project area. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth over a historic farm field (approximately 100 acres) on the western side of Unit 53. This parcel is not within the old farm field area as it is located on the eastern side of Unit 53. Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during rainy season and moist conditions remaining during dry season (excepting drought conditions when water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge. This particular parcel of the multi-parcel project contains coverage by mature cypress and adjacent to a deeper popash wetland. The site was quite inundated with deeper water natives such as alligator flag and pickerelweed as well as native ferns in the understory. Exotic vegetation coverage is estimated to be in the range of 50-75% with the biggest species of concern being Brazilian pepper and old-world climbing fern as well as creeping signal grass closer to the road. Listed wetland dependent birds, including wood storks, snowy egrets, ibis and little blue herons have been observed during site visits to this area. The entire unit is considered part of Primary Zone panther habitat by the U.S. Fish and Wildlife Conservation Commission. Project Selected for the “A” category, #1 priority, on the Active Acquisition List (AAL) by CCLAAC AAL most recently approved by BCC Donation Application Received 12/15/04 7/10/2018 6/5/2020 16.C.1.b Packet Pg. 1298 Attachment: Espinar-PDR-2020 donation_rev (14304 : Conservation Collier - Kraft - Espinar) 3 Deer have been observed in the area and Florida Black bears are known to inhabit adjoining public lands. In addition to protecting wetlands and listed species habitat, another important reason for the selection of Red Maple Swamp as a conservation target is that it is connected on its north and west sides with the 60,000 acre Florida Forever Corkscrew Regional Ecosystem Watershed (CREW) Project, which includes Corkscrew Marsh, Bird Rookery Swamp, Flint Pen Strand and Audubon’s Corkscrew Swamp Sanctuary. Through them, Red Maple Swamp (and this parcel) connects with the Pepper Ranch and Caracara Prairie Preserves, private mitigation lands and lands protected under the County’s Rural Lands Stewardship Program. Conservation Collier acquisitions within NGGE Unit 53 would enhance, protect, and buffer these already conserved lands. The acquisition of lands within Red Maple Swamp will also provide additional public access opportunities to the area including a connection with adjoining Bird Rookery Swamp, where a 1,200-foot boardwalk has been built and nearly 12 miles of hiking trails have been created by South Florida Water Management District (SFWMD). Staff will coordinate with SFWMD and neighboring communities when planning for public access to Red Maple Swamp lands. Regarding vulnerability, this area is zoned for single-family residences and although none have been built to date, and the Florida Department of Environmental Protection maps this Unit as wetland for permitting purpose, permits could be requested at any time. Projected Management Activities: Removal of exotic plants, construction of trails, parking and placement of fencing and signage are projected management activities. An Interim Management Plan (IMP) has been drafted, approved and is updated every two (2) years. A final management plan will be developed once enough contiguous parcels have been acquired to make management actions cost effective. Currently, 129.7 acres of the preserve are under management for exotic plants. This parcel contains approximately 65% exotic cover. Control of exotics on this parcel, consisting of herbicide applications will be completed prior to the parcel being donated to Conservation Collier. Because of the seasonal wetland nature of the site, any future trails may be seasonal. A raised boardwalk would be the best public access opportunity, however, this will not be considered until sometime well into the future of the project when more parcels are acquired, if and when funds are identified. Nature photography and bird watching from roadways are two activities that can occur at present. After consideration of risks and liability, it may be possible to allow school children to visit specific parcels as part of an educational program about wetlands. Currently, 41st Ave NW, an unpaved lime rock road, provides access and the only parking is along the road right-of-way. Minimal management activities, like regular visitation, inspection and trash removal are currently being accomplished by staff. 16.C.1.b Packet Pg. 1299 Attachment: Espinar-PDR-2020 donation_rev (14304 : Conservation Collier - Kraft - Espinar)