Resolution 2008-132
RESOLUTION NO. 2008----1]2
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A POLICY FOR
ACCEPTANCE OF LAND CONVEYANCES BY THE
CONSERVATION COLLIER LAND ACQUISITION
PROGRAM IN THE TRANSFER OF DEVELOPMENT
RIGHTS (TDR) PROGRAM FOR THE RURAL FRINGE
MIXED USE DISTRICT (RFMUD) AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Collier County (County) has recognized the need to plan for future
growth and has initiated a long-term program, known as the Conservation Collier Land
Acquisition Program, (Conservation Collier Program) to acquire, protect, restore and
manage environmentally sensitive lands in perpetuity and to provide public open space
for the benefit of present and future generations; and
WHEREAS, the Conservation Collier Program includes identification and
protection of County's natural resources, including upland and wetland communities,
native plant communities, endemic species, endangered species habitat, water resources,
and aesthetic or other natural features; and
WHEREAS, protected lands include those that provide appropriate natural
resource-based recreational and educational opportunities, protect local water resources,
provide flood control; and
WHEREAS, the Conservation Collier Implementation Ordinance (hereafter I
referred to as "Ordinance No. 2002-63, as amended") has described Target Protection \,.
Areas (TPAs) as larger areas of environmentally sensitive land within which are located
specific sites which generally satisfy the initial screening criteria and meet the goals of
the Conservation Collier Program; and
WHEREAS, Ordinance No. 2005-49 amended Land Development Code (LDC),
Section 2.03.07 entitled "Overlay Zoning Districts," states that the County is to provide
Bonus TDR Credits for submission and acceptance by County staff of a Restoration and
Management Plan (RMP) with specific criteria and for conveyance of land in fee simple
to a federal, state or local government agency as a gift,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION I. Findings
It is found and declared that:
(A) The Transfer of Development rights program, as described in LDC Section
2.03.07 provides for the creation of TDR Bonus Credits, which are generated
from RFMUD sending lands. These credits are generated at a rate of I credit for
each TDR credit severed from that RFMUD sending land for which an RMP has
been accepted by the County and I credit for each TDR credit that has been
severed for which land has been conveyed in fee simple to a federal, state of local
government agency as a gift.
(B) The Conservation Collier Program may be offered lands to be conveyed in fee
simple as a gift under the TDR Program,
(C) Lands offered from the RFMUD sending lands have been determined by the TDR
Program to be environmentally sensitive. Sending lands are also one of the
Target Protection Areas identified in Ordinance No. 2002-63, as amended,
therefore are presumed to be environmentally sensitive lands which are desirable
for conservation purposes.
(D) Lands offered to the Conservation Collier Program must be evaluated and be
consistent with the goals, procedures and criteria of the Conservation Collier
Program,
(E) The location, size, accessibility and quality of conveyed lands are the primary
considerations in accepting such lands for the Conservation Collier Program.
SECTION II. Acceptance of lands offered for convevance under the TDR Program:
(A) Potential conveyances shall go though a separate "fast-track" evaluation process
from other submitted parcels and will not be ranked in a regular cycle.
(B) The Conservation Collier Land Acquisition Advisory Cornmittee (CCLAAC) will
consider lands proposed for conveyance under the TDR program even if those
lands have a resulting conservation easement placed over them pursuant to
requirements of the TDR severance process.
(C) Land owners proposing conveyance must either: I) provide funds to cover all
costs to perform an initial exotic, solid waste and hazardous material removal, by
written agreement with the County, or 2) remove the exotics, solid waste and
hazardous materials themselves (using a licensed contractor approved by the
County) prior to the parcel being conveyed to the County.
(D) Parcels will be evaluated for the need to require a long term management
endowment and such funding endowment will be negotiated on an ad hoc basis.
(E) Management Plans must meet both Conservation Collier Program and LDC/TDR
severance requirements,
(F) Listed species management is a requirement for the Management Plan to be
acceptable under Ordinance No, 2005-49, If management actions require
funding, those will be considered as part of negotiations for a required minimum
funding endowment.
(G)A Phase I Environmental Site Assessment (ESA) may be required by the
Conservation Collier Program staff. A Phase II ESA will be required when
supported or recommended by the Phase I ESA. Required ESAs must be
provided by the land owner, at no additional cost to the County, prior to the parcel
being conveyed to the County.
(H) Conservation Collier Program staff will develop a template RMP acceptable to
the County to assist land owners proposing conveyance of their lands under the
TDR Program.
SECTION III. Effective Date.
This Resolution adopted and made effective this !3fhdayof / /Ia..-J- 2008, after
motion, second and majority vote favoring same. '
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
Dwight E: I;lrtltt,~f8e~k ,'1
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... Tom Henning, Chairman
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Sufficiency:
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Jennl r A. Belpedi
Assistant County Attorney
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