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Agenda 06/22/2021 Item #16D 1 (MOU Amendment Cypress Cove Landkeepers, Inc.)06/22/2021 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the amendment to the Memorandum of Understanding between Collier County and Cypress Cove Landkeepers, Inc., regarding the Dr. Robert H. Gore III preserve under the Conservation Collier Program. OBJECTIVE: To approve a Memorandum of Understanding (MOU) amendment between the Board of County Commissioners (Board) and the Cypress Cove Landkeepers, Inc. (Cypress Cove). CONSIDERATIONS: The Dr. Robert H. Gore III Preserve is comprised of 171.2 acres and is located approximately five (5) miles south of Golden Gate Blvd W, adjacent to Desoto Blvd. The majority of the preserve was acquired in November 2018 with the last parcel of the preserve purchased by Collier County in 2019. The Cypress Cove Landkeepers (FKA Cypress Cove Conservancy) acquired the 10-acre parcel in the center of the Preserve in June 2019. The Interim Management Plan (attached) reviewed by the Board on January 28, 2020 (Agenda Item #16D4) stated that a memorandum of agreement (or understanding) be developed with Cypress Cove. On December 8, 2020 (Agenda Item #16D4) the MOU was approved by the Board. Cypress Cove is requesting to amend the existing MOU to add the following provision as Section 5.G.: The provisions set forth in Section 2.01.03.A.9. of the Collier County Land Development Code (LDC) relating to “Conservation Collier lands” and all “permitted minor improvements” listed therein shall be applicable to CYPRESS COVE’s PROPERTY. This amendment will allow Cypress Cove to build a restroom facility available to the public not to exceed five hundred (500) square feet in accordance with LDC Section 2.01.03.A.9. under the current Estates zoning. Growth Management Staff has been coordinated with and finds this approach acceptable. FISCAL IMPACT: There is no foreseeable Fiscal impact as a result of the amendments to this MOU. GROWTH MANAGEMENT IMPACT: Management of Conservation Collier lands to support appropriate public access is consistent with and supports Policy 1.1.6 and Objective 1.3 in the Recreation and Open Space Element of the Collier County Growth Management Plan. There is no specific Growth Management impact associated with this Item. LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote for Board action. -JAB ADVISORY COMMITTEE RECOMMENDATION: On May 10, 2021, the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended approval of the amendments to the MOU. RECOMMENDATION: To approve and authorize the Chairman to sign the amendment to the Memorandum of Understanding between Collier County and Cypress Cove Landkeepers, Inc. Prepared By: Summer Araque, Principal Environmental Specialist, Conservation Collier Program, Parks and Recreation Division 16.D.1 Packet Pg. 1678 06/22/2021 ATTACHMENT(S) 1. CHAPTER 2 ZONING DISTRICTS AND USES (DOCX) 2. Gore_Interim Management Plan (PDF) 3. Gore_MOU_Amendment (PDF) 4. Gore_MOU (PDF) 16.D.1 Packet Pg. 1679 06/22/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 15904 Item Summary: Recommendation to approve and authorize the Chairman to sign the amendment to the Memorandum of Understanding between Collier County and Cypress Cove Landkeepers, Inc., regarding the Dr. Robert H. Gore III preserve under the Conservation Collier Program. Meeting Date: 06/22/2021 Prepared by: Title: Operations Analyst – Public Services Department Name: Matthew Catoe 05/14/2021 9:25 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 05/14/2021 9:25 AM Approved By: Review: Public Services Department Melissa Hennig Additional Reviewer Completed 05/14/2021 9:48 AM Parks & Recreation Summer BrownAraque Additional Reviewer Completed 05/17/2021 8:47 AM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 05/17/2021 3:58 PM Parks & Recreation Barry Williams Additional Reviewer Completed 05/19/2021 10:56 AM Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 05/21/2021 11:36 AM Public Services Department Todd Henry Public Services Department Completed 05/24/2021 8:17 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/24/2021 10:03 AM Public Services Department Dan Rodriguez PSD Department Head Completed 05/24/2021 10:47 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/24/2021 11:13 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/24/2021 3:31 PM Budget and Management Office Ed Finn Additional Reviewer Completed 05/31/2021 3:44 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/31/2021 7:21 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM 16.D.1 Packet Pg. 1680 Collier County, Florida, Land Development Code CHAPTER 2 ZONING DISTRICTS AND USES Collier County, Florida, Land Development Code Created: 2021-04-30 10:11:55 [EST] (Supp. No. 23) Page 1 of 5 CHAPTER 2 ZONING DISTRICTS AND USES 2.01.00 GENERALLY1 2.01.01 Purpose It is the intent and purpose of this Chapter to establish and adopt zoning districts to govern the use of land and water in the unincorporated areas of Collier County, Florida. 2.01.02 Miscellaneous structures School bus shelters, bicycle racks, bus stop benches, telephone booths, mailboxes, newspaper boxes, and delivery boxes shall be permitted in any district. No advertising sign shall be permitted on any such structure. Locations and setbacks of school bus shelters shall be approved by the school board of Col lier County. Mail, newspaper, and other delivery boxes shall be placed in accordance with U.S. Postal Service regulations. All such structures shall be exempt from district setbacks. 2.01.03 Essential Services Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction, and government facilities. Essential services are allowed in any zoning district subject to the following conditions: A. The following uses shall be deemed permitted uses in all zoning districts, except CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS: 1. Water lines and sewer lines; 2. Natural gas lines, except those associated with oil extraction and related processing operations as defined in this Code and regulated under applicable federal and state law; 3. Telephone lines, telephone switching stations, and cable television lines; 4. Communication towers, limited to those providing wireless emergency telephone service, subject to all applicable provisions in section 5.05.09 of this Code; 5. Electrical transmission and distribution lines, substations, and emergency power structures; 6. Sewage lift stations and water pumping stations; 7. Essential service wells (including extraction facilities and requisite ancillary facilities); 1Editor's note(s)—Ord. No. 10-23, § 3.D, adopted June 8, 2010, repealed 2.01.00Editor's note(s)—. This amendment would take effect upon the repeal of Ord. No. 08 -64. Said Ordinance was repealed by Ord. No. 10-26 which became effective on June 25, 2010. 16.D.1.a Packet Pg. 1681 Attachment: CHAPTER 2 ZONING DISTRICTS AND USES (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) Created: 2021-04-30 10:11:44 [EST] (Supp. No. 23) Page 2 of 5 8. Any other wells which have been or will be permitted by the South Florida Water Management District or the Florida Department of Environmental Protection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related facility is otherwise required to be installed or constructed by law. If any proposed well is a Collier County owned well under the permitting jurisdiction of a Florida agency, staff, early in the County's well permit application process, shall post sign(s) at the County's proposed well site(s) and shall provide written notice that the county has applied for a required well permit to property owners within 300 feet of the property lines of the lots or parcels of land on which the applied-for well is being sought by the County, including, if applicable, the times and places of the permitting agency's scheduled public hearings; and 9. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established. Such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above with respect to minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in any zoning district providing for oil and gas exploration as a permitted use pursuant to subsection 2.03.09 B.1.a.viii. B. Permitted essential services in CON districts, RFMU sending lands, NRPAs, HSAs, and FSAs. 1. Within CON districts, Sending Lands in the RFMU district, NRPAs, and within designated Habitat Stewardship Areas (HSA) and Flow way Stewardship Areas (FSA) within the RLSA overlay district subject to the limitations set forth in section 4.08.08 C., the following essential services are permitted: a. Private wells and septic tanks; b. Utility lines, except sewer lines; c. Sewer lines and lift stations, only if located within already cleared portions of existing rights-of-way or easements, and necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP; and, d. Water pumping stations necessary to serve a publicly owned or privately owned central water system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP. e. Conservation Collier lands which provide for permitted nondestructive, passive natural resource based recreational and educational activities, exclusive of major improvements. Permitted minor improvements shall be limited to one (1) ground sign, not to exceed eight (8) feet in height with a maximum sign area of thirty-two (32) square feet; a parking area, not to exceed twenty (20) parking spaces; hiking trails; a fully accessible trail or trail section; educational kiosks not to exceed one hundred (100) square feet; and public restroom facilities not to exceed five hundred (500) square feet. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land 16.D.1.a Packet Pg. 1682 Attachment: CHAPTER 2 ZONING DISTRICTS AND USES (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) Created: 2021-04-30 10:11:44 [EST] (Supp. No. 23) Page 3 of 5 use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district permitted uses is intended or implied by these provisions, except as stated above for minor improvements. Oil and gas exploration as defined and regulated in this Code remains a permitted use on or beneath Conservation Collier lands established in the CON zoning district providing for oil and gas exploration as a permitted use subject to subsection 2.03.09 B.1.a.viii. f. Aviation related uses as approved in the September 11, 2001 Memorandum of Understanding between Collier County Airport Authority and the Intervenor Signatories to the Deltona Settlement Agreement (July 20, 1982), including The Conservancy of Southwest Florida, The National Audubon Society, The Florida Audubon Society, The Environmental Defense Fund, Izaak Walton League, Florida Division, The Florida Department of Environmental Protection, The South Florida Water Management District, The Florida Department of Community Affairs, The Deltona Corporation, and Collier County. C. Additional permitted essential services in commercial and industrially zoned districts. In commercial and industrially zoned districts, in addition to the essential services identified above in section 2.01.03 A., governmental facilities, as defined by this Code, including law enforcement, fire, emergency medical services and facilities, public park and public library services and facilities, shall be considered a permitted essential service. D. Additional permitted essential services in the agricultural and estate zoned districts. In the agricultural and estate zoned districts, in addition to the essential services identified above in section 2.01.03 A., the following governmental services and facilities shall be considered permitted essential services: nonresidential not-for-profit child care, nonresidential education facilities, libraries, museums, neighborhood parks, and recreational service facilities. E. Additional permitted essential services in the agricultural zoned district. In the agricultural zoned district, in addition to the essential services identified above in section 2.01.03 A., safety services, and other government services, necessary to promote and protect public health, safety and welfare are permitted essential services, limited to the following: law enforcement, fire, and emergency medical services. F. Additional permitted essential services in residentially zoned districts. In residentially zoned districts, in addition to the essential services identified above in section 2.01.03 A., neighborhood parks shall be considered a permitted essential service. G. Conditional uses. The following uses require approval pursuant to section 10.08.00conditional uses: 1. Conditional essential services in every zoning district excluding the RFMU district sending lands, CON districts, NRPAs, and RLSA designated HSAs and FSAs. In every zoning district, unless otherwise identified as permitted uses, and excluding RFMU district Sending Lands, CON districts, and NRPAs, the following uses shall be allowed as conditional uses: a. Electric or gas generating plants; b. Effluent tanks; c. Major re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatment plants, d. Hospitals and hospices; e. Government facilities, including where not identified as a permitted use in this section, safety service facilities such as including law enforcement, fire, emergency medical services; and 16.D.1.a Packet Pg. 1683 Attachment: CHAPTER 2 ZONING DISTRICTS AND USES (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) Created: 2021-04-30 10:11:44 [EST] (Supp. No. 23) Page 4 of 5 f. Conservation Collier lands which provide for permitted, nondestructive, passive natural resource based recreational and educational activities, when such sites require major improvements to accommodate public access and use. These major improvements shall include, but are not limited to: parking areas of 21 parking spaces or more; nature centers; equestrian paths; biking trails; canoe and kayak launch sites; public restroom facilities, greater than 500 square feet; signage beyond that allowed in sections 2.01.03 A.9. and 2.01.03 B.1.e. of this Code and other nondestructive passive recreational activities as identified by the County Manager or designee. The provisions for Conservation Collier lands in this Code do not affect the underlying zoning districts or land use designations in any district where Conservation Collier lands are established, such that no expansion or diminution of the various zoning district conditional uses is intended or implied by these provisions, except as stated above for major improvements. Oil and gas field development and production as defined and regulated in this Code remains a conditional use on or beneath Conservation Collier lands established in zoning districts providing for oil and gas field development and production as a conditional use, subject to subsection 2.03.09 B.1.c.i. 2. Conditional essential services in RFMU sending lands, NRPAs, CON districts, and RLSA designated HSAs and FSAs. Within RFMU District Sending Lands, NRPAs, CON districts, and the RFLA designated HSAs and FSAs subject to the limitations set forth in LDC section 4.08.05 H.3, the following additional essential services are allowed as conditional uses: a. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providing service to urban areas; or the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP, when not located within already cleared portions of existing rights-of-way or easements; b. Safety Services limited to law enforcement, fire, and emergency medical services; and c. Oil and gas field development and production, as defined and regulated in this Code, remains a conditional use on or beneath Conservation Collier lands established in the CON zoning district subject to subsection 2.03.09 B.1.c.i. 3. Additional conditional uses in residential, and estate zoned districts, and in RFMU receiving and neutral lands. In residential, agricultural, and estate zoned districts and in RFMU Receiving and neutral lands, in addition to those essential services identified as conditional uses in section 2.01.03 G.1. above, the following essential services shall also be allowed as conditional uses: a. Regional parks and community parks; b. Public parks and public library facilities; c. Safety service facilities; d. Other similar facilities, except as otherwise specified herein. 4. Additional conditional uses in the RFMU sending lands and CON districts. The following essential services shall be allowed as conditional uses: a. Communications towers, subject to all applicable provisions of LDC section 5.05.09. 5. Conditional uses that include the installation of structures: a. Where structures are involved other than structures supporting lines or cables, such structures shall comply with the regulations for the district in which they are located, or as may be required on an approved site development plan under section 10.02.03. In 16.D.1.a Packet Pg. 1684 Attachment: CHAPTER 2 ZONING DISTRICTS AND USES (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) Created: 2021-04-30 10:11:44 [EST] (Supp. No. 23) Page 5 of 5 addition, the structures shall conform insofar as possible to the character of the district in which they are located as to development standards, as well as architecture and landscaping, with utilization of screening and buffering to ensure compatible with the surrounding and nearby existing and future uses. b. Within the RFMU district sending lands, NRPAs, Conservation Districts, and the RLSA HSAs and FSAs, structures supporting the conditional use shall be located so as to minimize any impacts on native vegetation and on wildlife and wildlife habitat. c. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills in districts from which such activities would otherwise be barred. Unstaffed billing services, which are accessory uses to the normal operations of the essential service, may be permitted. (Ord. No. 04-72, § 3.C; Ord. No. 06-07, § 3.D; Ord. No. 08-11, § 3.B; Ord. No. 12-25, § 3; Ord. No. 19-08, § 3.A) 16.D.1.a Packet Pg. 1685 Attachment: CHAPTER 2 ZONING DISTRICTS AND USES (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) Conservation Collier Program Dr. Robert H. Gore III Preserve Interim Management Plan Prepared By: Collier County: Parks and Recreation Division Conservation Collier Program 3300 Santa Barbara Blvd., Naples, FL 34116 Approved by Collier County Board of County Commissioners on January 28, 2020 16.D.1.b Packet Pg. 1686 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) January 2020 Conservation Collier Robert H. Gore III Preserve Interim Management Plan 2 Table of Contents 1.0 Purpose and Scope of the Interim Management Plan ............................................................................ 3 2.0 Management Authority and Responsibilities ......................................................................................... 4 3.0 Site Description ....................................................................................................................................... 4 3.1 Location and Site Description ............................................................................................................. 4 3.2 Signage ................................................................................................................................................ 4 3.3 Easements, Concessions or Leases ..................................................................................................... 5 3.4 Structures ........................................................................................................................................... 5 3.5 Surrounding and Adjacent Land Uses ................................................................................................ 5 4.0 Interim Management Objectives ........................................................................................................... 5 4.1 Natural Resource Protection .............................................................................................................. 5 4.2 Site Security ........................................................................................................................................ 7 4.3 Exotic Vegetation Removal and Maintenance Plan ............................................................................ 7 4.4 Debris Removal ................................................................................................................................... 8 4.5 Cultural, Historical and Archeological Resource Protection ............................................................... 8 4.6 Listed Species Protection .................................................................................................................... 8 4.7 Public Access ....................................................................................................................................... 9 4.8 Site Monitoring and Long-Term Management Plan ........................................................................... 9 4.9 Partnerships ........................................................................................................................................ 9 5.0 Exhibits .............................................................................................................................................. 10 EXHIBIT 1: Location ............................................................................................................................ 10 EXHIBIT 2: 2009 Aerial Map ............................................................................................................... 11 EXHIBIT 3: Estimated Cost Table ........................................................................................................ 11 EXHIBIT 4: Estimated Implementation Time Line .............................................................................. 12 16.D.1.b Packet Pg. 1687 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) January 2020 Conservation Collier Robert H. Gore III Preserve Interim Management Plan 3 1.0 Purpose and Scope of the Interim Management Plan The Robert H. Gore III Preserve (Gore Preserve), composed of 5 parcels totaling 171.2 acres, was acquired by the Collier County Conservation Collier Program on November 19, 2018 and will be managed for the conservation, protection, and enhancement of natural resource and for public outdoor recreation that will be compatible with the conservation, protection and enhancement of the site and surrounding lands. This Interim Management Plan is intended to identify the key management priorities within the preserve and provide direction for management activities for the next two years. This document is meant to be the precursor to a Final Management Plan, which will outline more specific aspects of site management and public use and undergo updating on a 5-year interval. The Final Management Plan for this preserve is scheduled to be completed July 2021 and will replace this Interim Management Plan once approved by the Board of County Commissioners (BCC). Key Interim Management Objectives 1. Protect, manage and restore (as appropriate) the native plant communities on site. Action Plan 1a. Map, treat, monitor, and manage invasive, exotic vegetation. 1b. Assess the need for exotic mulching activities on the perimeter of the property 1c. Assess the need for native vegetation restoration. 1d. Develop a preserve plant list and record notable species observations. 2. Determine necessary actions to provide recreational opportunities within the preserve. Action Plan 2a. Map, ground truth, and develop Phase I portions of a greater conceptual trail system within one year of acquisition. 2b. Determine suitability of various public use methods given trail conditions and adjacent natural resources. 3. Collaborate with Cypress Cove Conservancy 501(c)(3) regarding preserve planning and outreach/educational materials Action Plan 3a. Develop and finalize a memorandum of agreement between Collier County and the non-profit partner group, Cypress Cove Conservancy within one year from the Cypress Cove Conservancy acquiring the private 10-acre parcel. 3b. Communicate and seek input regarding public use and trail system planning with the organization. 3c. Collaborate on environmental, educational, and historical outreach information and signage provided within the preserve. 4. Explore opportunities for grant funding and partnerships Action Plan 4a. Explore possible exotic vegetation removal funding assistance opportunities from U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) Upland Plant Management Section. 16.D.1.b Packet Pg. 1688 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) January 2020 Conservation Collier Robert H. Gore III Preserve Interim Management Plan 4 4b. Explore possible acquisition funding assistance opportunities from the Florida Department of Environmental Protection (DEP) Florida Communities Trust Program. 5. Provide opportunities for community stakeholder discussion and feedback for the preserve’s Final Management Plan Action Plan 5a. Notify surrounding property owners and other potential stakeholders of the purchase and meet with interested community members to receive input on management plan. 5b. Coordinate with local community groups to assist in trail development and preserve maintenance. 6. Preserve Use Ordinance Action Plan 6a. The Preserve Use Ordinance No. 2011-38, passed by the Collier County Board of County Commissioners, will apply to the Dr. Robert H. Gore III Preserve. 2.0 Management Authority and Responsibilities The Robert H. Gore III Preserve was officially named in November 2018. The Preserve is included within the portfolio of properties assigned to the Collier County Conservation Collier Program within the Collier County Parks and Recreation Division. Conservation Collier Program staff are responsible for direct management of all preserve lands and will seek to cooperate and form partnerships with local, state and federal agencies for management assistance and to obtain various types of grant funding assistance for management activities when possible. 3.0 Site Description 3.1 Location and Site Description The Gore Preserve is located adjacent to and directly west of Desoto Blvd in Section 33, Township 49S, and Range 28E within the Northern Golden Gate Estates. The properties may be accessed via 38th and 40th Ave SE. The total acreage is 171.2 acres. The property is composed of Pine Flatwood, Dry Prairie, Mixed Wetland Hardwoods, Inland Ponds and Sloughs and Cypress. Current parcel folios are as follows: 41500040008 41506600002 41616920009 41506800006 3.2 Signage Temporary signs identifying the property as a Conservation Collier Preserve have been posted along DeSoto Blvd. Once the parking area and Phase 1 trailhead have been developed, a formal preserve name sign will be erected for visitors. 16.D.1.b Packet Pg. 1689 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) January 2020 Conservation Collier Robert H. Gore III Preserve Interim Management Plan 5 3.3 Easements, Concessions or Leases No known easements exist at this time over 38th or 40th Ave SE. There are no concessions or leases on the parcels or proposed for the future, unless they further conservation objectives, such as a conservation easement. 3.4 Structures There are currently no known wells, septic tanks or other type of structures on the property. 3.5 Surrounding and Adjacent Land Uses The Dr. Robert H. Gore III Preserve is located directly west of Desoto Blvd, between 36 Ave SE and Interstate I-75. The property may be accessed via the planned public access trailhead located off of 40th Ave SE. Single family homes exist along the northern, western, and eastern boundary of the preserve as well as adjacent to interior preserve units. The non-profit Cypress Cove Conservancy purchased an interior ten-acre parcel in the center of the Gore Preserve in June 2019 which includes Dr. Robert H. Gore’s former residence. The environmental-education based non-profit plans to repurpose the existing residence for use as an education center for the public and the centerpiece of environmental programming and nature-based recreational opportunities on the property in the years to come. 4.0 Interim Management Objectives 4.1 Natural Resource Protection Existing Vegetation: Eight types of intact native plant communities have been documented; including Pine Flatwoods, Cabbage Palm, Inland Ponds and Sloughs, Mixed Wetland Hardwoods, and Cypress Characterization of Plant Communities present: FLUCCS Ground cover Midstory Canopy 411 – pine flatwoods grasses, palmetto St. John’s-wort primrose willow twinflower bachelor button beautyberry meadow beauty goldenrod musky mint tickseed wax myrtle bay saltbush myrsine shining sumac slash pine 428 – cabbage palm grasses, ferns and forbs, poison ivy vines, wild coffee, dog fennel cabbage palm cabbage palm, slash pine 616 - inland ponds and sloughs Swamp fern, maidencane, pickerel weed, sagittaria hog plum, rag weed, salt bush pond apple, cypress, pop ash 617- mixed wetland hardwoods Swamp fern, frog- fruit,blue porterweed Dog fennel, beauty berry, myrsine Red maple, pop ash, red bay, laurel oak 621- cypress swamp fern, chain fern, smilax cabbage palm, salt brush, stiff dogwood cypress, cabbage palm, red bay 16.D.1.b Packet Pg. 1690 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) January 2020 Conservation Collier Robert H. Gore III Preserve Interim Management Plan 6 Unique Natural Features: The site contains five observed native plant communities and outstanding examples of native cypress communities. The Gore Preserve is atop a well-field protection zone and contributes to both the Surficial and Lower Tamiami Aquifers. Listed Plant Species Listed plant species found on site include stiff-leaved wild pine (Tillandsia fasciculata), giant airplant (Tillandsia utriculata) and reflexed wild pine (Tillandsia balbisiana). Common Name Scientific Name Protection Status FDACS Royal fern Osmunda regalis Commercially Exploited Stiff-leaved wild-pine, Cardinal airplant Tillandsia fasciculata Endangered Reflexed wild-pine, Northern needleleaf Tillandsia balbisiana Threatened Giant airplant Tillandsia utriculata Endangered Giant sword fern Nephrolepsis biserrata Threatened T: threatened, E: endangered C: commercially exploited Wildlife Species Observed on Site: Animal Common Name Scientific Name Protection Status BIRDS mourning dove Zenaida macroura turkey vulture Cathartes aura red-shouldered hawk Buteo lineatus black vulture Coragyps atratus wild turkey Meleagris gallopavo common ground-dove Columbina passerina red-bellied woodpecker Melanerpes carolinus downy woodpecker Picoides pubescens blue jay Cyanocitta cristata white-eyed vireo Vireo griseus Northern cardinal Cardinalis cardinalis great-crested flycatcher Myiarchus crinitus blue-grey gnatcatcher Polioptila caerulea swallow-tailed kite Elanoides forficatus pileated woodpecker Dryocopus pileatus house wren Troglodytes aedon Caroline wren Thryothorus ludovicianus little blue heron Egretta caerulea State-Threatened great blue heron Ardea herodias great egret Ardea alba MAMMALS white-tailed deer Odocoileus virginianus Florida black bear Ursus americanus 16.D.1.b Packet Pg. 1691 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) January 2020 Conservation Collier Robert H. Gore III Preserve Interim Management Plan 7 Florida panther Puma concolor coryi Federally-Endangered Eastern spotted skunk Spilogale putorius raccoon Procyon lotor Virginia opossum Didelphis virginiana nine-banded armadillo Dasypus novemcinctus hispid cotton rat Sigmodon hispidus grey squirrel Sciurus carolinensis REPTILES Cottonmouth/ Water Moccasin Agkistrodon piscivorous conanti Crayfish Order Decapoda brown anole Anolis sagrei green anole Anolis carolinensis *Exotic INSECTS queen butterfly Danaus gilippus zebra longwing Heliconius charithonia monarch butterfly Danaus plexippus gulf fritillary Agraulis vanillae green darner Anax junius Eastern pondhawk Erythemis simplicicollis \ 4.2 Site Security The Gore Preserve provides important wildlife corridor linkages with surrounding conservation lands, therefore fencing that would impede wildlife movements through the preserve and throughout the greater area would not be desirable. Due to the remote location of the preserve, illegal dumping along the roadways is a potential concern. Preserve boundaries will be monitored to limit illegal dumping and off-road vehicle trespass. All future public access trail planning will consider opportunities to limit unwanted off-road vehicle trespass. 4.3 Exotic Vegetation Removal and Maintenance Plan Exotic invasive plants present include Brazilian pepper (Schinus terebinthifolius), earleaf acacia (Acacia auriculiformis), ceasar’s weed (Urena lobata), citrus (Citus spp.), air potato (Dioscorea builbifera), lantana (Lantana camera), old world climbing fern (Lygodium microphyllum), Japanese climbing fern (Lygodium japonicum), arrowhead (Syngonium podophyllum), and balsam apple (Momordica charantia). The initial cost of exotic removal would be substantial due to the amount present and density of the vegetation. Based on cost estimates provided by a contractor who routinely contracts with the County for exotic removal, costs for the level of infestation observed would be about $80,000 - $150,000 to treat exotics with herbicide in place and to mow along the proposed hiking trails. It 16.D.1.b Packet Pg. 1692 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) January 2020 Conservation Collier Robert H. Gore III Preserve Interim Management Plan 8 would cost approximately $50,000 to mechanically mow the Brazilian pepper along the roadside edges of the preserve boundary in selected locations to improve aesthetics and facilitate greater access for land management activities. Costs for follow-up maintenance done an a bi-annual or annual would remain similar for 1-4 years until the seed bank has been depleted and the management units can transition into a maintenance treatment rotation schedule. Staff may apply for federal and state funding assistance to assist in the costs of invasive, exotic plant removal in areas of the preserve. The Conservation Collier Program staff will hire contractors to treat the exotic vegetation on the site. Staff will seek assistance from the surrounding community for potential volunteers to supplement contracted exotic maintenance. 4.4 Debris Removal Staff will monitor the preserve boundaries for signs of illegal dumping and erect educational signage and work collaboratively with the Collier County Sheriff’s Office (CCSO) to address repeat offenses. Currently, there is no indication of debris removal needs within the preserve boundary. Staff will utilize volunteers and contractors to address debris removal issues as they arise. 4.5 Cultural, Historical and Archeological Resource Protection The Gore Preserve is not within an area of historical and archaeological probability, and no historical or archaeological sites appear to be present on the property. While conducting pre- acquisition site visits, staff were made aware of the presence of several “pointer trees” throughout the property that may have indigenous cultural origins. The County will notify the Division of Historical Resources immediately if evidence is found to suggest any archaeological or historic resources are discovered. If such resources are identified on-site, staff shall cordon off the area, and a professional survey and assessment shall be instituted. The archaeologist shall prepare a report outlining results of the assessments and issue recommendations to County staff about management of any sites discovered, per provisions of the Land Development Code Section 2.2.25. This report shall be sent to the Division of Historical Resources. The County shall cooperate fully with direction from the Division of Historical Resources on the protection and management of archaeological and historical resources. The management of these resources will comply with the provisions of Chapter 267, Florida Statutes, specifically Sections 267.061 2 (a) and (b). 4.6 Listed Species Protection Staff will evaluate needs for protection if any listed wildlife species are found on the property. The locations where listed species are routinely observed will be identified using a global positioning system (GPS) device and mapped to allow staff to monitor them. Staff will also utilize passive monitoring techniques of preserve usage by listed species to document occurrence. Care will be taken when exotic removal treatment occurs to avoid areas with listed plants and to avoid non-target damage with herbicides. Wildlife surveys will be carried out ahead of any major site remediations to determine possible impacts to listed or nesting species. 16.D.1.b Packet Pg. 1693 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) January 2020 Conservation Collier Robert H. Gore III Preserve Interim Management Plan 9 4.7 Public Access Given the extent of the current Brazilian pepper infestation within the preserve, public access via special request will be difficult to grant until the initial phase of hiking trails are in place. A conceptual hiking trail plan is underway for the preserve and will by established through development of a Final Management Plan. The American Disabilities Act (ADA) requirements and safety concerns will need to be met before the site can officially be open to the public. No public hunting is allowed within the Gore Preserve due to the limited acreage and proximity of adjacent homesites. 4.8 Site Monitoring and Long-Term Management Plan Monitoring of the site shall consist of invasive exotic vegetation re-treatment and listed-species population surveying. While fire dependent communities exist within the preserve, prescribed fire will be not be utilized as an initial management tool for the preserve due to the proximity of adjacent homesites and historic fire suppression in the surrounding area that has greatly elevated fuel levels. Collier County shall be responsible for property maintenance with tasks contracted out as deemed necessary and management partnerships sought with the surrounding community. The site will be monitored for exotic vegetation re-growth semi-annually for two years following initial treatment. After two years, exotic vegetation will be monitored on a yearly basis. 4.9 Partnerships Staff will seek out partnership opportunities for conservation, protection, education, and funding opportunities. Staff will explore possible land management funding assistance programs for the preserve. These may include but are not limited to grants offered by the USFWS South Florida Coastal Ecosystems Program, USFWS Partners for Fish and Wildlife Program (Conservation Collier Cooperative Agreement Modification would be required), the U.S. Department of Agriculture and/or FWC Upland Weed Management Working Group Funding. Conservation Collier Program staff will continue to build a strong partnership with members of the non-profit Cypress Cover Conservancy to enhance environmental education program offerings and awareness of this up and coming resource for the residents and visitors of Collier County. Staff will also coordinate with the Collier County Scouts BSA and Girl Scouts of the USA for possible trail enhancement projects. 16.D.1.b Packet Pg. 1694 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) January 2020 Conservation Collier Robert H. Gore III Preserve Interim Management Plan 10 5.0 Exhibits EXHIBIT 1: Location 16.D.1.b Packet Pg. 1695 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) January 2020 Conservation Collier Robert H. Gore III Preserve Interim Management Plan 11 EXHIBIT 2: 2009 Aerial Map EXHIBIT 3: Estimated Cost Table t.b.d. To be determined; cost estimates have not been finalized. Management Element Initial Cost Annual Recurring Costs Comments Exotics Control $150,000 $75,000 Recurring costs are high due to the dense areas of Brazilian pepper Trash and Debris Removal $10,000 + n/a Estimate Only. Based on quote for debris removal at Railhead Scrub Preserve Total $160,000 + $75,000 16.D.1.b Packet Pg. 1696 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) EXHIBIT 4: Estimated Implementation Time Line N O V 1 8 D E C 1 8 J A N 1 9 F E B 1 9 M A R 1 9 A P R 1 9 M A Y 1 9 J U N 1 9 J U L 1 9 A U G 1 9 S E P 1 9 O C T 1 9 N O V 1 9 D E C 1 9 J A N 2 0 F E B 2 0 M A R 2 0 A P R 2 0 M A Y 2 0 J U N 2 0 J U L 2 0 A U G 2 0 S E P 2 0 O C T 2 0 N O V 2 0 Explore exotic vegetation grants x x x Determine what actions necessary to open site for public use and develop timeline for opening x x x Initial Invasive Exotic vegetation removal x x x x x Completion of final management plan x • Exotics removal must be completed prior to determining what actions are necessary to open the site for public use. Timing may also be dependent on whether grant funding is awarded to assist in removal costs. 16.D.1.b Packet Pg. 1697 Attachment: Gore_Interim Management Plan (15904 : Conservation Collier Dr. Robert H. Gore III MOU 16.D.1.c Packet Pg. 1698 Attachment: Gore_MOU_Amendment (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) 16.D.1.c Packet Pg. 1699 Attachment: Gore_MOU_Amendment (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) 16.D.1.c Packet Pg. 1700 Attachment: Gore_MOU_Amendment (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) 6 U is MEMORANDUM OF UNDERSTANDING BETWEEN COLLIER COUNTY AND CYPRESS COVE LANDKEEPERS, INC. This Memorandum of Understanding ("MOU") is entered into this CO day of 2020 between COLLIER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CYPRESS COVE LANDKEEPERS, INC. (''CYPRESS COVE"). Recitals WHEREAS, on July 10, 2018 COUNTY acquired the properties identified on Exhibit "A' from The Robert H. Gore III Inter Vivos Trust. dated July 25, 1986, for public use in COUNTY's Conservation Collier Program (COUNTY's PROPERTY or DR. ROBERT H. GORE Ill PRESERVE); and WHEREAS, on January 28, 2020the County approved the Interim Management Plan for the DR. ROBERT H. GORE Ill PRESERVE: and WHEREAS, June 7. 2019 CYPRESS COVE acquired the properties identified on Exhibit 'B" from The Robert H. Gore III Inter Vivos Trust, dated July 25. 1986 for public use as nature center ("CYPRESS COVE's PROPERTY" OR ''NATURE CENTER"); and WHEREAS, the COUNTY and the CYPRESS COVE wish to provide for coordination and cooperation of environmental, educational. and historical outreach information and signage on the properties for the benefit of the citizens of Collier County and others that may visit the properties. NOW THEREFORE, it is agreed as follows: 1. Authority. This MOU is entered into pursuant to Conservation Collier Ordinance No. 07-65, as amended (Section 4, Paragraph 12) and the Action Plan set forth in COUNTY's Interim Management Plan. 2. Duration. This MOU shall remain in effect until it is terminated in writing by either party upon 30 days written notice to the other party. 3. Effect of Recitals. The recitals set forth above are adopted as findings of fact and incorporated into this MOU. 16.D.1.d Packet Pg. 1701 Attachment: Gore_MOU (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) t604 4. COUNTY PROPERTY — DR. ROBERT H. GORE III PRESERVE. A. The County agrees to use the DR. ROBERT H. GORE III PRESERVE in accordance with the Interim Management Plan, as it may be amended or become a Final Management Plan. as amended ('Management Plan"). B. As with all Conservation Collier Property, the Preserve Management Ordinance No. 11-38, as it may be amended or otherwise modified or replaced applies at the DR. ROBERT H. GORE III PRESERVE. C. No pets will be permitted in on the COUNTY's Property unless the Management Plan indicates that pets are allowed. D. COUNTY will install a lime-rock parking area on COUNTY's Property. The need for parking spaces and the number of spaces will be determined by COUNTY and is initially expected to be 5-6 parking spaces. E. Events that are to occur at the DR. ROBERT H. GORE III PRESERVE after dusk will be coordinated with CYPRESS COVE. F. CYPRESS COVE employees and volunteers providing services on COUNTY's Property pursuant to this MOU are not considered agents or employees of COUNTY. G. The Interim Management Plan does not allow hunting on COUNTY's property due to the limited acreage and proximity of adjacent homesites. "No hunting" signs will be installed on COUNTY's Property. Signs prohibiting trespass, litter, firearms. all-terrain vehicles and poaching will also be installed on COUNTY's Property. H. Signs on COUNTY's Property will be coordinated with CYPRESS COVE such that signs on COUNTY's Property and signs on CYPRESS COVE s Property are consistent in content. CYPRESS COVE and COUNTY will send each other signage for review that includes mention of each other. Use of each party's logo on signage shall be approved in advance. 5. CYPRESS COVE's PROPERTY — NATURE CENTER A. In the event the NATURE CENTER and/or CYPRESS COVE property is open after dusk, CYPRESS COVE will notify the COUNTY. The intent is for evening events to be limited to reduce traffic for safety of wildlife after dusk. B. Gate located to 40th Avenue SE will be locked when the NATURE CENTER is not open. C. CYPRESS COVE will cooperate with COUNTY regarding any well installation COUNTY decides to pursue. D. Signs on CYPRESS COVE's Property will be coordinated with COUNTY such that signs on CYPRESS COVE's Property and signs on COUNTY's Property are consistent in content and appearance. E. CYPRESS COVE will coordinate its grand opening celebration with COUNTY. F. CYPRESS COVE's use of the COUNTY's trails is limited to open hours. 0 16.D.1.d Packet Pg. 1702 Attachment: Gore_MOU (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) 16D4 6. Indemnification. Each party to this MOU agrees to be responsible for the liabilities arising out of their own conduct and the conduct of their officers, employees and agents with COUNTY's indemnification subject to Section 768.28, Florida Statutes. 7. Notice. Any notice sent pursuant to this Memorandum of Understanding shall be sufficient if sent by regular U.S. Mail to the following addresses: A. COLLIER COUNTY: CONSERVATION COLLIER COORDINATOR Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, FL 34116 ConservationColliercolliercountyfl.qov 239-252-2961 B. CYPRESS COVE: CYPRESS COVE LANDKEEPERS, INC. Attention: Current President Mailing Address: PO Box 110308 NAPLES. FL 34108 239)-308-0281 info cni wildnaples.corn 8. Amendment. Any amendment to this MOU or its exhibits shall be in writing and shall not be effective until executed by both parties. 9. Assignment. In light of the scope and rationale for this MOU. neither party may assign, transfer, or sell any of the rights set forth in this MOU, or associated with this MOU. without the express written consent of the other party. 10. Relationship of the Parties. No employee of either party shall be deemed an employee of the other party. Nothing in this MOU shall be construed to create an agency relationship, partnership, association, or joint venture between the parties. 7:1) 16.D.1.d Packet Pg. 1703 Attachment: Gore_MOU (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) 604 IN WITNESS WHEREOF, the parties have executed this MOU as of the date set forth above. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA B` . ByC3Aa MT, LERK BURT L. SAUNDERS, CHAIRMANAttest * u• eigI tt e only. Approved as to form and legality: Jen fifer A. Belpedio 0517 J Assistant County Attorney CYPRESS COVE LANDKEEPERS, INC. By: Shane Duff PRESIDENT Item# Ike naenda I 'a -% Date Date V.- R eed N)Ay Clerk 16.D.1.d Packet Pg. 1704 Attachment: Gore_MOU (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) 16 CJ 4 EXHIBIT "A" COUNTY'S PROPERTY — DR. ROBERT H. GORE III PRESERVE Physical Address: 4055 40th Ave SE, Naples. FL 34117 1. PORTION OF GOLDEN GATE EST UNIT 91, GOLDEN GATE EST UNIT 91A. GOLDEN GATE EST UNIT 92, AND GOLDEN GATE EST UNIT 92A AS DESC IN OR 5573 PG 688. AND GOLDEN GATE EST UNIT 91 N 150FT OF TR 76. LESS GOLDEN GATE EST UNIT 92 TR 84, LESS GOLDEN GATE EST UNIT 92 W 180FT OF TR 86. LESS GOLDEN GATE EST UNIT 91 , N 150FT OF TR 74 GOLDEN GATE ESTATES, PLAT BOOK 5, PAGES 30-31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 41500040008 (160.46 acres) 2. GOLDEN GATE EST UNIT 91 N 150FT OF TR 74. GOLDEN GATE ESTATES, PLAT BOOK 5, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. TAX IDENTIFICATION NUMBER: 41506600002 (2.34 acres) 3. GOLDEN GATE EST UNIT 92 TR 84. GOLDEN GATE ESTATES, PLAT BOOK 5, PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TAX IDENTIFICATION NUMBER: 41616920009 (5.68 acres) 4. GOLDEN GATE EST UNIT 92 W 180FT OF TR 86 OR 1836 PG 276. GOLDEN GATE ESTATES. PLAT BOOK 5, PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. TAX IDENTIFICATION NUMBER: 41617120002 2.73 acres) APPROXIMATELY 171.2 ACRES COMBINED mot? 16.D.1.d Packet Pg. 1705 Attachment: Gore_MOU (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment) 604 EXHIBIT "B" CYPRESS COVE's PROPERTY — NATURE CENTER Physical Address: 4261 40th Ave. SE, Naples. FL 34117 ALL OF TRACT 15 and TRACT 18, UNIT 91. GOLDEN GATE ESTATES, PLAT BOOK 5. PAGE 30 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. TAX IDENTIFICATION NUMBER: 41501440005 (10.00 acres) 6 16.D.1.d Packet Pg. 1706 Attachment: Gore_MOU (15904 : Conservation Collier Dr. Robert H. Gore III MOU Amendment)