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DSAC RSFHCWR Subcommittee Minutes 03/30/2016 March 30, 2016 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE REVIEW OF SINGLE FAMILY HOME CONSTRUCTION/WETLAND REQUIREMENTS SUBCOMMITTEE Naples, Florida, March 30, 2016 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee — Review of Single Family Home Construction/Wetland Requirements Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 3:00 PM in a REGULAR SESSION at the Growth Management Department Building, Room 609/610 2800 N. Horseshoe Drive, Naples, FL with the following persons present: Marco Espinar Mario Valle ALSO PRESENT: Caroline Cilek, LDC Manager Bill Lorenz, Director, Engineering & Natural Resources Division Matt McLean, Manager, Development Review Jeremy Frantz, Sr. Planner Kamila Diddle, Sr. Environmental Specialist Summer Araque, Principal Environmental Specialist David Anthony, Sr. Environmental Specialist Brooke Hollander, Tropical Environmental Consultants Megan Mills, Florida Department Environmental Protection Tim Steeves, Florida Department Environmental Protection 1 March 30, 2016 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Division —Planning and Regulation building—Contact Mr. Evy Ybaceta at 239-252-2400. 1. Call to order Mr. McLean called the meeting to order at 3:00pm and a quorum was obtained. He noted the purpose of the Subcommittee was to discuss the County's administration of building permits with respect to potential wetland impacts as some in the community have expressed concern that single family construction activity is occurring without the owner obtaining the necessary approvals for development in wetlands. 2. Discussion of County Process Mr. McLean noted prior to 2011 the County would not release building permits until certain approvals were obtained from outside agencies. Then in 2011, legislation was passed by the State that prohibited delaying local approvals while waiting on outside agency permit approvals. In 2013, the State requirements changed again, allowing Counties the option to delay issuance of building permits until other approvals are obtained(if they so desire). The County currently does not require wetlands determinations before issuing building permits and it is the responsibility of the owner/applicant to ascertain any necessary approvals. Ms. Hollander raised concerns some builders/owners are not familiar with the requirements for development that may impact wetlands. The wetlands provide benefits to the public by protecting water quality standards and providing treatment of stormwater. The County should be taking a more proactive role to ensure the areas are being protected. Additional discussion occurred by those present noting: • Representatives from the FDEP indicated that FDEP does not have adequate Staff to undertake additional workloads. FDEP provides wetland determinations for properties with active applications, and is moving away from providing "informal wetland determinations." • Concerns include the activity may potentially cause irreversible impacts on wetlands and/or encumbering an owner with a financial hardship when they are notified of violations during (or after) construction and requiring them to take corrective action. • There are problems with the way that homes are being built in wetlands and with the permitting process which allows for these issues to go unnoticed. Discussion occurred by those present noting potential changes to permitting processes that Collier County could pursue: • The County could develop a process for ensuring that agency permits are secured prior to construction on Estates lots. • Informal wetland determinations could be used to determine if an agency permit may be required due to the potential for wetlands impacts. This could be incorporated into the permitting process by: o Providing a"check box" on County building application(s) to notify persons of the requirement for determinations and if to confirm if they have been obtained. o Requiring an informal wetland determination from a consultant, County representative or other qualified individual before issuance of a County permit. 2 March 30, 2016 o County Staff could utilize several resources to review of the application to determine if a state permit may be necessary. In the case of debatable or obvious impacts to wetlands, an FDEP permit or verification of exemption could be required prior to issuance of a building permit. In the case where no wetlands are on site, or there are clearly no impacts, the application could move forward in the process. It was further noted: • There is an existing FDEP database that could be utilized as a basis for the determination(if information for that particular property is available) however conditions of properties may have changed over the years. • The County could dedicate qualified Staff to the area of review to ensure there is consistency in the process. • The County would ensure compliance through the inspection process. o Private consultants and Collier County would work with FDEP to ensure that informal wetland determinations are accepted by FDEP. • This may require training or sitting in on determinations with FDEP staff, etc. o Additional County staff may be required to establish this process and begin performing informal wetland determinations. • Also, a US Army Corps of Engineers (USACE) approval may be required, however the time frame is longer than FDEP and if an FDEP Environmental Resource Permit is issued, it is highly likely a USACE would be as well and it would not be necessary to delay a permit until the USACE approval. Following the discussions the Subcommittee noted there is adequate rationale to continue reviewing the item. Mr. Espinar moved for Staff to refine their business practice process to allow staff to request an informal wetland determination for a residential building permit and based on the information provided by the determination, to delay issuing the building permit until a Florida Department of Environmental Protection Environmental Resource Permit or verification of exemption is issued. Second by Mr. Valle. Carried unanimously 2- 0. Staff reported the item will be returned to the Subcommittee for additional review of proposed process changes and a recommendation to be provided to the Development Services Advisory Committee. 3. Discussion of"Blanket Permit" for Golden Gate Estates Discussion occurred among those present regarding the potential for a"blanket permit" for wetland impacts in the Golden Gate Estates from the Florida Department of Environmental Protection: • Rather than requiring individual permits, a blanket permit could allow for wetland impacts throughout the Golden Gate Estates in order to simplify and expedite the permitting process. • A blanket permit would require rulemaking by FDEP, but there is not a lot of support among FDEP because they want to develop new tools to streamline the process rather than a blanket permit/rulemaking. • The US Army Corps of Engineers may be agreeable to a blanket permit but there may be problems locally, especially related to species of special concern. • There are existing blanket permits for single family residences in some areas such as Indian Trail Water Control District which allows for lots up to 5 acres. 3 March 30, 2016 o Often includes mitigation costs to be paid to the municipality. This could be used for Conservation Collier. • Areas that have been targeted by the Floodplain Management Plan and Watershed Management Plan could be addressed this way. • There should be a public outreach program at some point and FDEP would like to participate. • It was also noted by staff that the Golden Gate Area Master Plan Restudy is proceeding which - provides another avenue for discussion of regional wetland issues. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:39PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE - REVIEW OF SINGLE FAMILY - : E CONSTRUCTION/WETLAND REQUI NTS SU' OM ITTEE Aii These Minutes were approved by the Committee on S—/ 7—/6 , as presented t, , or as amended . 4