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EAC Agenda 10/03/2007 ENVIRONMENTAL ADVISORY COUNCIL AGENDA FOR EAC PACKETS ONLY Wednesday, October 3, 2007 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")—Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of September 5, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Rehearing of Planned Unit Development PUDZ-2005-AR-8416 "Pezzetino Di Cielo RPUD" Section 12, Township 48 South, Range 25 East (This project was heard on August 1, 2007 and additional backup information was sent to you August 15. If you need further information or have questions please contact Summer. The applicant is Wayne Arnold with Q. Grady Minor and he can be reached at 947-1144.) B. Planned Unit Development PUDZ-2006-AR-10171 "Brandon RPUD" Section 13, Township 48 South, Range 25 East VII. New Business A. Project Greenscape—Alberto Chavez(no materials sent) B. Belle Meade Stormwater Management Master Plan—Clarence Tears (no materials sent) (rescheduled from September 5,2007 meeting) C. Watershed Management Plan considerations for setting priorities—Mac Hatcher Environmental Services (materials included in this mailing) D. Cycle 2, 2007 LDC amendments-Stephen Lenberger(materials included in this mailing) VIII. Old Business A. Update members on projects B. Alternate Members roll, attendance, and definition by LDC (materials included in this mailing) C. Carryover discussion SFWMD coordination D. Mission Statement E. Reminder-December 5, 2007 meeting will be at CDES Room 609/610 IX Subcommittee Reports X. Council Member Comments Xl. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Summer Arague, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on Tuesday, September 25, 2007 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (530-6290). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. a � { • September 5, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, September 5, 2007 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex,Naples, Florida, with the following members present: CHAIRMAN: William Hughes Lee Horn Dr. Judith Hushon Roger Jacobsen David Bishof Michael V. Sorrell (Excused) Dr. Llew Williams (Excused) Richard Miller William W. Hill Nick Penniman (absent)_ ALSO PRESENT: Jeff Klatzkow, Managing Assistant County Attorney Mac Hatcher, Environmental Specialist Stan Chrzanowski, PE, Planning Review Susan Mason, Principal Environmental Specialist Summer Araque, Senior Environmentalist Sue Filson, Executive Manager to the BCC I. Call to Order 1 September 5, 2007 The meeting was called to order by Vice-Chairman Dr. Judith Hushon at 9:00 AM. II. Roll Call A quorum was established. III. Approval of Agenda Mr. Hughes moved to approve the Agenda. Seconded by Mr. Jacobsen. Carried unanimously 7-0. IV. Approval of August 1,2007 meeting minutes. Page 5,Line 30, "Committee" should read "Council." "On the title page, "Lew" should read "Llew." On Page 9,Line 10, "Huston" should read "Hushon." On the title page, "Arague" should read "Araque." Mr. Jacobsen moved to approve the Minutes of August 1, 2007 as amended. Seconded by Mr. Miller. Carried unanimously 7-0. V. Upcoming Environmental Advisory Council Absences Dr. Judith Hushon will be unable to attend the November 2007 meeting therefore excused. Mr. Miller will be unable to attend the October 2007 meeting therefore excused. VI. Land Use Petitions A. Site Development Plan, SDP-AR-8271 "Orchid Run" Section 25,Township 49 South,Range 25 East Presenters were affirmed by Managing Assistant County Attorney Jeff Klatzkow. Disclosures: Mr. Jacobsen disclosed he had visited the site but had no personal contact. Mr. Miller disclosed he had visited the site but had no personal contact. Dr. Hushon disclosed she had been by the site but had no personal contact. Richard Clark, Opus South Corporation, introduced Shane Johnson of Passarella and Associates, Inc., and Mark Sunyak of RWA, Inc. All presenters were sworn in by BCC Executive Manager,Sue Filson. Shane Johnson,Passarella and Associates,Inc.,presented Petition No. SDP- 2005-AR 8271. (See attached) 2 t � September 5,2007 Dr.Hushon stated post-Hurricane Katrina photos would be helpful as the site had changed and was cleared. Mr.Jacobsen questioned how the exotics would be removed and was informed it would be done by hand. Mr. Miller asked what the area at the south end between guest parking and the preserve area was going to be used for and was told it was to be a lawn area. Dr. Hushon asked that irrigation water be obtained from the Golden Gate Canal and was told it would be investigated. Mr. Miller asked what the slopes were going to be on the retention pond and whether any fencing was planned between the development and the three-to-one slopes;he was told the slopes would be a four-to-one maximum or ten-to-one, depending on the orientation, with hedge fencing. Dr.Hushon asked who was going to maintain the water retention area and was advised it would be the development's responsibility to maintain the water retention area. Mr. Hughes asked if there was anything in the 20-year plan that might need this space on the south corridor. Gene Calvert, Storm Water Management, Department of Transportation Division, responded the Capital Improvement Program for Storm Water Management had no planned improvements in the particular corridor and area. Mr.Hughes stated he had concerns regarding the amount of RF radiation present from the power plant in the proximity of the dwellings and was told there were no known issues. Mr. Hughes stated this issue should be carefully considered in the future. Mr. Jacobsen questioned how much storm water run off would go into the canal once the project was completed as opposed to what goes in currently. Mr. Calvert stated Community Development would be in charge of those calculations and the current regulations required that there be no net increase in peak run off. Mr. Chrzanowski stated there are maximum allowable run offs averaged across a particular basin and this particular site would not pose a problem,no downstream properties would be adversely affected. Mr. Jacobsen stated fresh water would be a pollutant to Naples Bay and there should be no increase. Dr. Hushon stated the site is a part of the Grey Oaks PUD but is not a part of Grey Oaks subdivision yet the calculations for the required set-aside are being met almost entirely by Grey Oaks,the .89 acres is almost a token, and there should have been a 25% set-aside. 3 September 5, 2007 Chris D'Arco, Environmental Services Department,stated Orchid Run is part of the Grey Oaks PUD. Dr. Hushon stated the property is not adjoining; the property is across the road and separated by the Florida Power and Light substation so it would not be possible to put preserves together. Laura Roys-Gibson,Environmental Services Department, stated Naples Grand immediately west of the FP&L line is also part of Grey Oaks, the entire PUD area was examined to ensure 25%, this was an older PUD and the preserve areas were scattered throughout the PUD, the .89%was what remained of the original 25%. Dr. Hushon stated the .89%was not going to benefit the community and would create a very urban feel. Mr. Hughes asked where the turtle burrows were located and was informed there was only one tortoise burrow remaining on the property and it would be relocated to Sorono in Bonita Springs. Mr. Hughes stated he wanted to know how the wildlife is affected by RF radiation fields and that the tortoise program is not working since the tortoise die when relocated. Mr. Hughes also questioned how permission was obtained to move the tortoise and was told an amendment was made to the existing gopher tortoise state permit to allow it. Mr. Jacobsen stated it was undesirable to have condos and housing developments built property line to property line with parking lots and buildings. Dr. Hushon stated the development is highly visible from the street and all that would be visible are buildings and parking lots. Mr. Hughes stated he did not like the direction the project was taking and did not want to see development that resembled Fort Lauderdale. Dr. Hushon stated she would like the EAC's concerns to be forwarded to the Planning Commission and the current rules are not working. Ms. Araque, Senior Environmentalist, stated this project would not be going before the Planning Commission but would go straight to the Collier County Board of County Commissioners. Susan Mason,Principal Environmental Specialist, stated if the EAC had conditions of approval and the applicant agreed to them, the conditions could be put into the final STD prior to approval; however, if the conditions were not a part of the LDC and went above and beyond that and the applicants were unable or unwilling to agree to them, Collier County would not be able to make the conditions a requirement for the STD approval. Mr. Hughes questioned whether this type of development represented the kind of development the community wanted to see in Collier County. 4 September 5, 2007 Dr. Hushon suggested sending a statement of concern regarding green space balance to the Collier County Board of County Commissioners and the Planning Commission. Dr.Hushon moved to accept the project with the EACs concerns with the condition that the canal is used for irrigation water if it can be arranged legally with the South Florida Water Management District. Seconded by Mr. Hughes. Emilio J. Robau, PE,RWA,Inc. Cautioned that canals are sometimes treated with herbicides that could cause damage to property. Carried 6-1 with Mr. Jacobsen opposed. B. Planned Unit Development,PUDZ-2003-AR-3601 "New Hope Ministries-Phase 2" Section 4,Township 50 South,Range 26 East All presenters were sworn in by BCC Executive Manager,Sue Filson. Tim Hancock,Davidson Engineering,presented the petition via a PowerPoint presentation. (See attached) • Average rainfall over the last ten years was 51 inches • In the wettest month of an average year water would not infiltrate the upland preserve • Variables were not used in calculations for the model • This site qualifies as a native preserve with ten years of on-site activity • Upland preserves would not be adversely impacted in an average year • Any water sheet flowing on the property would be sheet flowing from the north to the south; water going south to north is the initial conveyance and the initial pretreatment • If the preserves were not used for attenuation of water,the result would be isolated preserves below the level around them Discussion: Mr. Bishof asked if the existing system in the southeastern corner of the property would remain unchanged and was told it would. He also asked whether the pond would be a dry detention pond and all water in it would discharge to the north into the native preserve and was told it would. He stated the water was overflowing at a rate of 11.3 and asked if there were a control structure, and was told there was. Mr. Gillette stated there would be a 12 to 20 foot lake, water would be treated in dry detention and routed to a conveyance swale to next detention area and then piped to the lake after it goes through a control structure;the lake would fill up providing another half inch of pretreatment,preserves would then be used for attenuation of the 25-year storm and there was another control structure in the lake which would be piped down to the Davis Boulevard canal for ultimate discharge. 5 September 5, 2007 Mr. Bishof asked if the control structure in the southeastern corner of the lake was a bleeder and was informed there was a bleeder there set at 9.5 and asked how water would get from the lake into the preserve. Mr. Gillette responded there were several types of storms that would have to be modeled to get appropriate volume and frequency of the storm in order to fill up the dry detention and then the lake would have to be filled and then the lake would have to overflow into the preserve. Mr. Bishof asked whether the discharge structure that goes into the ditch that goes into Davis Boulevard had an overflow elevation above the control area. Mr. Gillette responded yes, set at the 25-year storm or 11.17. Dr.Hushon stated it appeared from the data provided there would be an average of five storms per year that would breach. Mr. Bishof asked with a five-year storm how much water would go into the preserve. Mr. Gillette responded there were so many variables in the models that he could not give an answer regarding a five-year storm. He also stated that even with a 25-year storm event system recovery would be within ten days. Mr. Bishof was advised that the Petitioner had an ERP permit that covers the entire site at present and asked whether using the design as currently presented the project would meet district-permitting criteria if the preserve were not used as part of attenuation. Mr. Gillette responded it would not. Mr. Hughes asked if detention ponds would become retention ponds after 2 inches. Mr. Gillette responded the site was designed with no retention; it was all detention due to the fact every storm water management area is connected to a control structure with a bleeder. Mr. Bishof asked whether in designing the layout of the preserve any effort was made to compact the area. Mr. Hancock responded the wetlands were of such low quality that they did not rise on the list of preserve areas,the uplands were better quality. Dr. Hushon stated it was undesirable to put water where there was non-hydric soil and having non-hydric soil areas getting wet four to five times per year for a few days each time would pose a problem. Mr. Hancock responded that the design was developed with the help of Collier County environmental staff and there were no standards in the LDC or GMP to follow. Discussion was held regarding the issue of pervious versus impervious surfaces for parking; it was a complex issue with no acceptable solution being available. Staff Comments: 6 September 5,2007 Susan Mason,Environmental Services Department, stated Southwest Florida Water Management District's responsibility was to protect the wetlands,they were not concerned with protecting upland areas;ERP does not evaluate the functioning of the upland vegetation,they are only concerned with storm-water management. Claudia Piotrowicz,Environmental Services Department,stated staff recommended denial of the petition because the applicant had not demonstrated that the addition of treated storm water into the upland preserves on site would not result in an adverse impact on the naturally occurring native vegetation and this was not consistent with CC&E Policy 6.1.15d. Mr.Jacobsen asked if staff was recommending denial based on Petitioner's current proposal and was told"yes." Susan Mason stated no new information had been received as of this morning. She also stated that Preserve 1 consisted of one-half hydric soils and there was a definite sloping,the area farther west is lower and did not have Palmetto but had a very weedy under-story. Public Speakers: Nicole Ryan, Conservancy of Southwest Florida, stated adherence to the GMP is critical,must be done correctly from the beginning. Impact of storm-water run r., off on native vegetation is a point of contention and it was important that native vegetation be preserved. She stated they do not want to see the Petitioner penalized by being the first applicant after the new policies were instituted and suggested after the Petitioner and Staff have further discussed the matter and examined further information,the Petitioner could come back before the EAC for a decision. Mr.Jacobsen agreed with Ms. Ryan,pointed out that Ms. Piotrowicz reported that all the numbers were not yet in, and asked whether the Petitioner would like to come back next month for a decision on the petition. Mr. Hancock expressed the frustration of his client regarding the delay that has already occurred because there are no standards currently set and the Petitioner had no way of knowing what the standards were or what they will be by the time of a next hearing. Bill Lorenz,Environmental Services Director,stated a new policy had been adopted into the Growth Management Plan and was in the process of being fleshed out and it was unfortunate that some petitioners may get caught in the middle while this was occurring. Mr. Bishof asked whether the small littoral shelf located away from the control structure could be erected in the vicinity of the control structure. 7 September 5, 2007 Mr.Hancock responded that it was required not to be next to the control structure in the lake facilities,the LDC requires a 20-foot offset minimum from the control structure. He requested EAC give its recommendation today. Mr. Hughes suggested some compromise may help and more review time was needed. Ms.Piotrowicz stated there were concerns regarding existing pines in the preserve, she produced photos depicting how the pines were stressed out and stated it was unknown what had caused their stress, whether it was from the additional water in the preserve or the amount of depth of the water or frequency of the water. Mr.Jacobsen stated the project would create more run off, as most of the property would be paved. Mr. Hancock stated that no one had given him a standard to design to and was concerned waiting 30 days would not change that. Public Comment: Nicole Ryan stated the Conservancy had always been concerned about storm water going into preserves whether they be wetlands, uplands,hydric or non- hydric but if there was a possibility that the data presented today would show that there would be no adverse impact and the vegetation would not change,whatever Staff would need,then there could be the possibility of waiting another month. (Lunch break- 11:40 AM) (Reconvened- 12:30 PM) (Mr. Horn did not rejoin the meeting) Mr.Jacobsen disclosed that he had a conversation with the applicant. Mr. Hancock stated it was not possible to overcome the issues of non-hydric soil but there is no evidence to indicate the project would be detrimental and asked for the approval of the Environmental Advisory Council. Mr. Lorenz stated after discussion with the Petitioner it was clear that Staff would still have to recommend denial. Mr. Hancock stated they would not be able to overcome the objection over putting storm water over non-hydric soil,there were no assurances that set standards would be available by the time of the next meeting, and requested a decision by the EAC today. Mr. Jacobsen stated he had concern regarding the lack of set standards for the Petitioner to follow and the wetlands were an issue. Mr.Hughes moved to approve the Petition with the caveat that the EAC understands the definitions are not yet clearly defined and the EAC would like to see less impervious parking surfaces in future development planning. Seconded by Mr. Jacobsen. Carried 6-0. 8 September 5,2007 VII. New Business A. Introduction of the Watershed Management Plan Prioritization schedule -Mac Hatcher Mr.Hatcher gave a PowerPoint presentation outlining the background of the watershed management plan. (See attached) B. Belle Meade Storm Water Management Master Plan - Clarence Tears Will be carried over to the next meeting October 3, 2007. C. Review of the Updated Floodplain Management Plan -Michael Deruntz & Robert Wiley Mr. Wiley stated the Floodplain Management Plan is a requirement of the CRS Program of the National Flood Insurance Program and the CRS program is a community rating system. Collier County is a Class 7 community and if a Class 7 community has more than ten repetitive loss properties it must have a floodplain management plan. He stated Mr. Deruntz will present the draft Floodplain Management Plan and asked that the EAC go over it and provide their comments. Mr. Deruntz, Comprehensive Planning,gave a PowerPoint presentation regarding the draft Floodplain Management Plan. (See attached) • Citizen involvement was the first priority • Criteria considered included assessing hazards, assessing problems, setting goals, reviewing possible activities, drafting an action plan, adopting the plan • Ten informational meetings were held to discern flood events experienced by citizens • Issues of prevention,property protection and natural resource protection were being addressed Mr. Hughes asked what questions were asked at the public meetings. Mr. Deruntz responded subjects raised were flooding incidents and possible prevention and better oversight may help. Mr.Hughes stated he agreed with the intent, issues are coastal flood plain and rather than poor planning there seemed to be issues of County maintenance involved. Mr. Deruntz stated preventative steps were being taken and maintenance is a big issue. Mr. Hughes stated the largest issue was coastal and inquired about the concept that nothing be built west of Route 41. Mr. Deruntz responded there was some similar sentiment regarding construction in the interior but coastal communities were more concerned about requirements for rebuilding. D. Petition CPSP-2007-6,Petition Requesting an Amendment to the Potable Water Sub-Element of the Public Facilities Element,to add reference in 9 September 5,2007 Policy 1.7 to the proposed "Ten-year Water Supply Facilities Work Plan."- Carolina Valera Ms. Valera,Principal Planner,Comprehensive Planning Department,gave a PowerPoint presentation. (See attached) • Five districts in the State of Florida are required by the legislature to develop regional plans to ensure water supply in the future • Lower West Coast was the regional plan for Collier County which Collier County must abide by • In 2005 an amendment was adopted requiring a deadline for local governments to incorporate into their GMPs a water management plan • Water Management Plan must be adopted by January 2008 • This is the last phase of the plan • This year's population methodology had not been approved • The plan in front of the EAC today uses last year's population methodology • Florida DCA instructed Collier County send the plan with the latest approved population methodology but revise the plan in time for the adoption hearings • EAC had before it last year's population methodology and a revised plan will be presented in December 2007 with this year's population Dr.Hushon stated she had concerns relating to Golden Gate Estates as it is expected to be the fastest growing area in the County, there will be many more drinking water wells and septic systems, these wells will draw from the same aquifers as the County. She stated wells may be going dry in the future in Golden Gate Estates and she would like to see planning to provide potable water in a phased manner into the Estates via surface lines rather than wells. Phil Gramatges, PE,Principal Project Manager,Public Utilities Engineering Department,responded wells in Golden Gate do not draw from the same aquifer as Collier County; Collier County wells go much deeper than the wells in Golden Gate. Dr.Hushon stated density in Golden Gate justifies using public water and sewer and providing water and sewer should be planned for. Mr. Gramatges stated the document is designed to address Section 163.3177 of the Florida Statutes and does what the law required; those issues are a matter of policy that only the Collier County Board of County Commissioners has authority to address and only areas within our water-sewer district were being addressed. Dr. Hushon asked if the people moving into Golden Gate Estates were included in the figures and was told no that they did not impact on the water-sewer district and so were not included in this count. Mr. Hughes stated this issue must be addressed whether civilly or legally,the aquifers could run dry, and people must be protected. Mr. Gramatges stated the East of 951 Committee was looking at this issue,a poll was done of homeowners, and city water was not desired. 10 September 5,2007 Mr.Miller stated the future capacity of the aquifers must be considered,the plan may meet the letter of the law but does not do what is necessary. Mr. Hughes stated the EAC's purpose was to raise issues of concern. Ms. Valera stated one reason the plan was incorporated as a reference into the GMP was so changes can be made as policies become available;the document will change and the East of 951 Committee will address issues in the Golden Gate area. It was discussed that water restrictions and talk of building desalinization plants indicate the aquifers were not expected to be able to support the growing population indefinitely. Mr. Hughes moved to forward Petition CPSP-2007-6 with the caveats of intent demonstrated here today. Seconded by Mr. Miller. Carried unanimously 6-0. E. December 5,2007 meeting will be at CDES Room 609/610 VIII. Old Business A. Planned Unit Development PUDZ-2005-AR-8416 "Pezzetino Di Cielo RPUD" Ms.Araque stated comments were received back from the EAC members and some of the members would like to have the matter re-heard in order to ask questions regarding the supplemental information. Mr. Hughes moved to re-hear the matter. Seconded by Mr. Jacobsen. Mr. Bishof expressed concern that the wetland area would be adequately hydrated and requested that getting some water into the wetland area be investigated. Ms. Araque suggested responding with that request which would then be forwarded on to the Petitioner and stated all comments were forwarded on to the applicant so they could prepare a response for the next meeting. Mr. Bishof stated the response to his request for information regarding hydrology was incorrect. Mr. Jacobsen stated he spoke directly with the gentleman who did the EIS and was disappointed it was two years old when we got it; he spoke to Lance Scogin who stated he did not do the whole property because there was a bull on the property and his basis for determining nothing was done with cow dip, etc.,was because the owner's son told him. Carried unanimously 6-0. B. Update members on projects Dr. Hushon stated she attended a meeting of the Southwest Florida Water Management District September 4,2007 and they went over projects for Orchid 11 September 5, 2007 Run and New Hope Ministries. She also stated Southwest Florida Water Management District is primarily concerned with wetlands and not as much with upland preserves, and it is up to Collier County to defend the upland preserves. SWFWMD will be enforcing the 150%capacity rule, sites of 5.5 acres or less may not always comply, a special basin rule will come out shortly, and an area in Golden Gate Estates will be used as a mitigation bank in the future. C. Mission Statement Carried over to the next meeting IX. Subcommittee Reports A. LDC Subcommittee meeting schedule is available Meetings are the second and fourth Thursdays @ 9: 30 a.m. Next meeting is scheduled for September 13, 2007 at 9:30 a.m. X. Council Member Comments Mr. Hughes stated HCPAC needs to be motivated to get more done and the State has said Collier County is responsible to protect its own wildlife and there are issues that must be addressed. Mr. Miller stated his understanding of the Sunshine Law is that two members are prohibited from getting together to discuss matters before the Council but that has been interpreted to mean two members cannot attend a meeting or seminar to gather information. He asked if the two members attended the same meeting or seminar but did not discuss Council matters, did that violate the Sunshine Law. Mr. Klatzkow responded that it did not but it was desirable to avoid the appearance of impropriety. Mr. Miller stated that Collier County had been derelict in addressing the human environment and the LDC should require dedicated areas for recreation for children, open space requirements and green space; also, he would like to see a requirement that any new developments over a certain size be required to maintain on site sufficient water storage facilities to supply irrigation for the facility on a year-round basis. XI. Public Comments None There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 2:35 PM. 12 . September 5,2007 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Vice Chairman Dr.Judith Hushon These Minutes were approved by the Board/Chairman on as presented , or as amended 13 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services • AUTHOR: Robert Wiley DEPARTMENT: Engineering Services AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC SECTION(S): 3.07; 6.05.01; 10.02.02 A.4.f; 10.02.03 A.3.b.vi; CHANGE: Add Section 3.07.00 Interim Watershed Management Regulations Add cross reference in Section 6.05.01 Add cross reference in Section 10.02.02 A.4.f Add cross reference in Section 10.02.03 A.3.b.vi Add cross reference in Section 10.02.04 A.3. Add cross reference in Section 10.02.04 B.3. REASON: Interim Watershed Management Regulations are being added to the LDC as a result of the Evaluation and Appraisal Report(EAR)based changes to the GMP in 2007. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: Implements the 2007 EAR-based changes to the CCME of the GMP. OTHER NOTES/VERSION DATE: Original Date: 8-28-07 Amend the LDC as follows: 3.07.00 INTERIM WATERSHED MANAGEMENT REGULATIONS 3.07.01 Purpose The purpose of this section is to provide for the establishment of interim regulations for the evaluation of impacts within the various watersheds of Collier County, Florida until such time as the completion and implementation of the various Watershed Management Plans has occurred. The development of Watershed Management Plans and interim regulations is specified in the Conservation and Coastal Management Element (CCME) Objective 2.1 of the Collier County I C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term Growth Management Plan, as adopted by the Board of County Commissioners on 1-25-07 (Ordinance 2007-16). The Florida Department of Community Affairs reviewed all amendments to the CCME, including the addition of these "interim standards" and on 5-2-07 issued their Notice of Intent to find the CCME amendments "in compliance" with Florida Statutes. After the 21-day challenge period ended without a challenge being filed, the amendments to the CCME became effective on 5-24-07. 3.07.01 Applicability A. New and existing development and redevelopment within Collier County, Florida shall be in compliance with the goals, objectives and policies of the Conservation and Coastal Management Element (CCME) of the Collier County GMP and with this LDC until the formal adoption by the County of all land development regulations, ordinances, policies, and programs which implement the Watershed Management Plans as they are prepared. B. These interim watershed management regulations will remain in force for the applicable region of the County until superseded by the formal adoption by the County of land development regulations, ordinances, policies, and programs for each watershed as established by the completion, adoption and implementation of the individual Watershed Management Plans. 3.07.02 Interim Watershed Regulations A. All new development and re-development projects shall meet 150% of the water quality volumetric requirements of Section 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District (February 2006) and the retention and detention requirements, and the allowable offsite discharge rates required by Drainage Sub-element Policy 6.2 and 6.3, respectively. The 150% water quality volumetric requirement also applies to the County's minimum requirement of one (1) inch under Ordinance 90-10, as amended; thus increasing the County's minimum requirement to one and one-half(1.5) inches. B. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. C. Floodplain storage compensation shall be evaluated for developments within the designated flood zones "A", "AE", and "VE" as depicted on the Flood Insurance Rate Maps published by the Federal Emergency Management Agency with an effective date of November 17, 2005. Floodplain storage compensation shall also be evaluated for areas known to be periodically inundated by intense rainfall or sheetflow conditions. 2 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term Figure 1: ii ii ii [N. it II 1 F47 I F43 ...ii I F44 N.,---....,,a=1.\ a` Il II 239 I. F42 v `4,� II `gy=p II l F4t r. Fop F46 \\Q -- —�--- 118 ss — _._.�4F�i�._._._.—.—.—. 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Polygons are shaded by group. \\ gy6' A ded czak's areas, Some ld ojects could not yet be according ng to andmenames/numberson 70as6. in signed torgroups,and are shaded SNE% #°'°. 9 3 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term D. All development located within areas identified on Figure 1 shall be evaluated to determine impacts to natural wetlands, flowways, or sloughs. For this particular evaluation, natural wetlands, flowways, or sloughs shall be tentatively identified as contiguous lands having a continual preponderance of wetland or wet facultative plant species and a ground elevation through the major portion of the natural wetland, flowway, or slough at least one (1) foot lower than the ground at the edge of the natural wetland, flowway, or slough. The edge of the natural wetlands, flowways, or sloughs shall be identified by field determination and based upon vegetation and elevation differences from the adjacent uplands or transitional wetlands. The County shall require the applicant to avoid direct impacts to these natural wetlands, flowways, or sloughs or, when not possible, to ensure any direct impact is minimized and compensated for by providing the same conveyance capacity lost by the direct impact. The County shall adhere to the limiting discharge rates of each basin as outlined in Ordinance 2001-27, adopted May 22, 2001 which amended the County Water Management Policy and provided basin delineations where special peak discharge rates have been established. The limiting discharge rates will be reviewed as a part of the Watershed Management Plans, and modified according to the analyses and findings of the Watershed Management Plans. E. All new development and re-development projects shall ensure surrounding properties will not be adversely impacted from the project's influence on stormwater sheet flow. F. Prior to the issuance of a final development order, the County shall require all development proiects to obtain the necessary state and federal environmental permits. ************************,************************************************** 6.05.01 Stormwater Management System Requirements A complete stormwater management system shall be provided for all areas within the subdivision or development, including lots, streets, and alleys. A. The system design shall meet the applicable provisions of the current County codes and ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida Administrative Code, and any other affected state and federal agencies' rules and regulations in effect at the time of preliminary subdivision plat submission. B. Where stormwater runoff from outside the subdivision or development historically passes on, over, or through areas of the subdivision or development, such runoff shall be included in the stormwater system design. The system shall be designed for long life, low cost maintenance by normal methods and provide for optimal on-site detention of stormwater runoff and groundwater recharge in accordance with applicable County and SFWMD regulations. C. Any structure with an outside wall which is closer than ten (10) feet from a side property line shall install properly sized (minimum twenty-four (24)-square inch cross-section) gutters and downspouts to direct stormwater away from neighboring properties and toward front and/or rear swales or retention/detention areas. 4 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc • Text underlined is new text to be added. Bold text indicates a defined term D. In-ground percolation type retention systems such as rock trenches, exfiltration trenches or beds, infiltrator type systems, gallery type systems, etc., shall not be used to achieve water quality retention for residential subdivisions. Rear yard open retention systems shall likewise not be designed to achieve water quality retention on projects submitted after January 1, 2002. All retention systems for projects designed after January 1, 2002, shall be on common property owned and maintained by a homeowners' association or similar entity. E. Any canal which forms a part of the public water management system shall be dedicated for care and maintenance per the requirements of the governmental agency which has jurisdiction. Canals located entirely within the subdivision and which do not form a part of the public water management system shall be dedicated to the public, without the responsibility for maintenance, as a drainage easement. A maintenance easement, of a size acceptable to the County Manager or designee or other governmental agency with maintenance responsibility, shall be provided adjacent to the established drainage easement, or the drainage easement created must be of a size suitable for the proposed canal and its maintenance. F. The design of the stormwater management system shall fully incorporate the requirements of the Interim Watershed Management regulations of LDC Section 3.07.00. 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements 1. Purpose. a. The purpose of this section is to provide a method to objectively evaluate the impact of a proposed development, site alteration, or project upon the resources and environmental quality of the project area and the community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment, to encourage projects and developments that will: i. Protect, conserve and enhance, but not degrade, the environmental quality and resources of the particular project or development site, the general area and the greater community. ii. Minimize the future reduction in property values likely to result, or be caused by improperly designed and executed projects and developments. iii. Reduce the necessity for expenditure of public funds in the future for rehabilitating the environmental quality of areas of environmental sensitivity. 5 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term b. Further, it is the purpose of this section to attain the widest range of beneficial uses of the environment without degradation of environmental advantages and risk to public health, safety, welfare and other undesirable consequences. c It is also the purpose of this section to optimize a balance between population and resource use to permit high standards of living and a wide sharing of resources and amenities among all citizens and residents of and visitors to Collier County during the present and future generations. 2. Applicability; environmental impact statement (EIS) required. Without first obtaining approval of an EIS, or exemption pursuant to section 10.02.02 A.7., as required by this Code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat or unplatted subdivision approval or other county permit or approval of or for development or site alteration shall be issued to cause the development of or site alteration of: a. Any site with a ST or ACSC-ST overlay. b. All sites seaward of the coastal management boundary that are 2.5 or more acres. c. All sites landward of the coastal management boundary that are ten or more acres. d. Sites where a prior EIS was prepared and approved for the same area of land and where the following exist: Greater impacts to preserve areas or changes in location to preserve areas are proposed; ii Greater impacts to jurisdictional wetlands or listed species habitats are proposed; iii. New listed species have been identified on site; or iv. A previous EIS is more than 5 years old. e. Any other development or site alteration which in the opinion of the County Manager or his designee, would have substantial impact upon environmental quality and which is not specifically exempted in this Code. In determining whether such a project would have substantial environmental impact the County Manager or his designee shall base his decision on the terms and conditions described in this Code and on the project's consistency with the growth management plan. f. When required by section 3.04.01 of this Code, plant and animal species surveys shall be conducted regardless of whether an EIS or resubmitted EIS is required by this section. 3. Submission and review of EIS. A completed EIS, in written and digital format, shall be submitted to County Manager or his designee for approval, denial or 6 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term approval with modifications. No development or site alteration will be started without this approval and permits required by law. Failure to provide full and complete information shall be grounds for denial of the application. The author(s) of the EIS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environmental sciences or natural resource management. Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. Experience shall reflect at least three years, two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for academic credentials. 4. Information required for application. a. Applicant information. Responsible person who wrote the EIS and his/her education and job related environmental experience. ii. Owner(s)/agent(s) name, address, phone number & e-mail address. b. Mapping and support graphics. General location map. ii. Native habitats and their boundaries identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. iii. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. iv. Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. v. Proposed drainage plan indicating basic flow patterns, outfall and off-site drainage. vi. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. 7 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term �-. vii. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. viii. For properties in the RLSA or RFMU districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. c. Project description and GMP consistency determination. Provide an overall description of the project with respect to environmental and water management issues. ii. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. d. Native vegetation preservation. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on- site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). ii. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 3 and 10 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. iii. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 3 and 10 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous 8 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term development order approvals? If so, identify the location and �-. acreage of these preserves, and provide an explanation if they are different from what is proposed. v. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved. e. Wetlands. Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. iii. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU district, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU district, and where higher quality wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method. f. Surface and ground water management. Provide an overall description of the proposed water management system explaining how it works, the basis of design, historical 9 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. ii. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre- development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. iii. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs. iv. The desiqn of the proposed stormwater management system and analysis of water quality and quantity impacts shall fully incorporate the requirements of the Interim Watershed Management regulations of LDC Section 3.07.00. ****************************************************************************** 10.02.03 Submittal Requirements for Site Development Plans A. Generally. 1. Purpose. The intent of this section is to ensure compliance with the appropriate land development regulations prior to the issuance of a building permit. This section is further intended to ensure that the proposed development complies with fundamental planning and design principles such as: consistency with the county's growth management plan; the layout, arrangement of buildings, architectural design and open spaces; the configuration of the traffic circulation system, including driveways, traffic calming devices, parking areas and emergency access; the availability and capacity of drainage and utility facilities; and, overall compatibility with adjacent development within the jurisdiction of Collier County and consideration of natural resources and proposed impacts thereon. 2. Applicability. All development, except as otherwise provided herein, is subject to the provisions of this section. The provisions of this section shall not apply to the following land use activities and represents the sole exceptions therefrom: 10 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term a. Single-family detached and two-family housing structure(s) on a lot(s) of record except as otherwise provided at section 4.02.02 (cluster development). b. Townhouses developed on fee simple lots under individual ownership, provided that a fee simple townhouse plat is approved in accordance with the provisions of section 10.02.04 B.4. c. Underground construction; utilities, communications and similar underground construction type activities. d. Accessory and ancillary facilities for a golf course such as restrooms, irrigation systems, pump-houses where a preliminary work authorization has been entered into with the county except where a site alteration permit is required by this Code. e. Construction trailers and storage of equipment and materials following issuance of a building permit for the use to which said activities are a function of, except as otherwise provided by section 5.04.03 E. Model homes and sales centers, except as otherwise provided by section 5.04.04. f. Project entryway signs, walls, gates and guardhouses. g. Neighborhood parks, subject to the approval of a conceptual site plan, depicting, on a 24" by 36" sheet, all site clearing; improvements, including fences and walls, playground equipment, walkways, picnic areas, and play areas; and minimum Code landscaping (irrigation will not be required). For the purposes of review fees only, this plan shall be treated as a conceptual site development plan, and the applicable review fee shall apply. Minimum landscape buffering. Under certain circumstances with neighborhood parks, there may be underlying health, safety and welfare concerns that necessitate deviation from the buffering required in section 4.06.02. The County Manager or his designee will determine, on a case-by-case basis, whether such deviation is necessary. This determination will be made upon a request for determination from the applicant, which must include all reasons that would justify the deviation. The County Manager or his designee will use factors including, but not limited to, the following when making a determination for deviation: a. The geographic location of the neighborhood park b. The effects that a lack of buffering will have on neighboring uses; and c. The need to ensure that the public safety is maintained by providing law enforcement and other policing entities clear view of the activities occurring on the park premises. 11 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term While the above land use activities shall be exempt from the provisions of section 10.02.03, these land use activities are subject to all other provisions of the Land development Code such as but not limited to landscaping (with the exception of g., as listed above), tree removal, development standards and the submission requirements attendant to obtaining temporary use and building permits. 3. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standard contained in section 10.02.03 A.4., standard application requirements as described in section 10.02.03 A., may be waived in part or in full by the County Manager or his designee for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 10.02.03 B. addressing the application requirements deemed necessary by the County Manager or his designee shall be submitted to the planning department for review and approval. a. School board review ("SBR") application contents. The SBR application submittal will be in accordance with section 10.02.03 of the Code, but will be accorded an expedited process as outlined in the Manual for County Consistency and Site Plan Reviews of educational facilities and ancillary plants, as may be amended by agreement between the Board of County Commissioners and the Collier County School Board. This document is available in the Records Room of the Community Development and Environmental Services Building. b. The expedited site plan for school board review, as referenced in section 10.02.03 A.3.a. of the Land Development Code, will consist of the following areas of review: Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as may be amended. In accordance with this Ordinance, the following requirements must be met: (a) That portion of the water and/or wastewater system that lies in the public rights-of-way or in County utility easements ("CUE") shall be conveyed to the Collier County Water/Sewer District prior to the issuance of the certificate of occupancy. (b) All water and wastewater systems shall be built in accordance with the Collier County Utility Technical Standards Manual in effect at the time a SBR Letter of Compliance is requested. (c) Chapters 3 and 10 of the code designed to protect local government water supply wellfields from land uses that may pollute shall apply. (d) Off-site improvements shall be in accordance with the current update of the Water and Wastewater Master Plan 12 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term and must include any agreement necessary to assign the responsibility for the cost of upsizing said water and/or wastewater facilities. (e) The School District shall be responsible for all materials and/or real property required for the water and/or wastewater system. Any expansions and/or renovations to existing school facilities shall require a review by the Collier County Engineering Services Department to determine the need for a change in meter sizing and additional grease traps. (f) South Florida Water Management District (SFWMD) permits shall be submitted prior to the issuance of an SBR approval. ii. Compatibility review. The County will conduct a compatibility review that will take into account the Architectural and Site Design Standards contained within Section 5.05.08 of the LDC in effect at the time a SBR Letter of Compliance is requested and that pertain to issues of compatibility with surrounding uses, complementary patterns of development and mitigation of negative impacts, limited to compatibility issues, external sidewalks and pathway connections, lighting, dumpster location and screening and orientation of buildings and ancillary facilities. In addition, The Utility Billing and Customer Service ("UBCS") Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and for the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With the exception of high school facilities, this compatibility review will be a courtesy review. For high school facilities, this will be a formal review process and is subject to the appeal process set forth in this section 10.02.03(A)(3)(c) of the Code in the event that the County denies the application based on non-compliance with the items listed in this paragraph. iii. Landscaping and buffering. Chapter 4.06.00 of the Code in effect at the time a SBR Letter of Compliance is requested shall apply. The County Planning Staff will recommend an amendment to the code allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and ancillary plants. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this section can be effectively accomplished without meeting the specific development standards. The reasons for deviations are set forth in this Chapter 10 of the code, but the 13 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term deviation shall be in the format required by Section 5.05.08 of the code. iv. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (a) On a site by site basis, County Staff will determine the necessity for an environmental impact statement ("EIS") to be submitted. (b) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. (c) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service ("USFWS") and the Florida Fish and Wildlife Conservation Commission ("FFWCC") agency permits. (d) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protected species preserves. (e) The GMP and LDC section 3.05.07 requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. (f) An exotic vegetation Removal and Maintenance Plan must be submitted and approved prior to final SBR approval. All exotic vegetation shall be removed from the site of an Educational and ancillary plant prior to the issuance of a Certificate of Occupancy. (g) All environmental documentation must be submitted prior to a sufficiency determination on a SBR application. Failure to submit the required documentation will result in a determination of insufficiency and the formal review process will not commence until such documentation is received and the application is deemed sufficient for review. v. All State Fire Code regulations as they relate to the site plan and in effect at the time that a SBR Letter of Compliance is requested 14 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term shall apply. The School District shall submit all building information necessary to determine site requirements including, but not limited to, fire flow requirements and fire sprinkler requirements. vi. Collier County Stormwater Management Policies as follows: (a) A Drainage Plan, signed and sealed by a Florida Professional Engineer must be submitted along with design calculations in order to determine the proposed development's effect on County maintained drainage facilities. (b) SFWMD permits must be submitted prior to a determination that the SBR application is sufficient for review. (c) Easements for drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage easement area when necessitated by increased capacity to accommodate the proposed development. (d) If any dedications of easements for drainage, maintenance, and/or access are required, all necessary ~ documentation to record the easement(s) shall be provided to the County prior to approval of the SBR. Prior to the County's issuance of the Certificate of Occupancy, such easements shall be approved by the BCC and officially recorded. (e) All proposed development activities will be fully in compliance with the Interim Watershed Management regulations of LDC Section 3.07.00. ****************************************************************************** 10.02.04 Submittal Requirements for Plats A. Preliminary subdivision plat requirements. 1. Procedures for preliminary subdivision plat. a. Optional. The preliminary subdivision plat process is not mandatory, but an option that may be exercised by the applicant upon the effective date of this ordinance. All preliminary subdivision plats that were approved prior to the effective date of this ordinance are not optional and must proceed in accordance with the procedures outlined for a preliminary 15 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term subdivision plat. Also, nothing in this section will be construed to affect the mandatory nature of a final subdivision plat. Abandonment/Cancellation of existing approved PSP's. The applicant may chose to abandon/cancel any PSP that was approved prior to February 11, 2004 in the event that the FSP has not been approved. If the applicant chooses to abandon, then the only process that will be applicable to that applicant is the final subdivision plat process in the same manner as if the PSP option was never exercised. Any portion of the original PSP for which a Final Plat has not been approved would therefore require a separate Final Plat according to procedures in effect at the time of submittal. b. Initiation. In order to initiate an application for a preliminary subdivision plat, the applicant shall prepare and submit to the County Manager or his designee a preliminary subdivision plat which meets the requirements contained in this section. c. Review and determination of approval, approval with conditions, or denial by County Manager or his designee. After receipt of a completed preliminary subdivision plat, the County Manager or his designee shall review and evaluate the preliminary subdivision plat in conformance with the preliminary subdivision plat requirements established in this section. Based on the review and evaluation, the County Manager or his designee shall approve, approve with conditions, or deny the preliminary subdivision plat. The decision to approve with conditions, or deny the preliminary subdivision plat may be appealed to the board of county commissioners pursuant to the provisions of section 10.02.02 of this Code. If the County Manager or his designee should deny or place conditions on the preliminary subdivision plat, he shall state in writing reasons for such denial or conditions, and shall cite the applicable code or regulatory basis for the conditions or denial. Said determination may be appealed to the county board of commissioners. 2. Preliminary subdivision plat submission requirements. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. 3. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the County Manager or his designee and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the County Manager or his designee. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be 16 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: a. A preliminary subdivision plat shall consist of a series of mapped information sheets on only standard size 24-inch by 36-inch sheets to include, but not be limited to, the following: Cover map sheet; ii. Boundary and topographic survey; iii. Preliminary subdivision plat with right-of-way and lot configurations; iv. Natural features and vegetative cover map; for proposed site alteration(s) within the coastal zone, vegetative cover map shall also comply with section 3.03.02 B.; v. Master utilities and water management (drainage) plans; vi. Aerial map; and vii. Standard right-of-way cross-sections and appropriate design details. The above mapped information may be combined on one or more maps if determined appropriate by the County Manager or his designee. b. Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated or unincorporated area of Collier County. c. A vicinity plan showing the location of the tract in reference to other areas of the county. d. North arrow, graphic scale and date. e. Name, address and telephone number of the developer, along with the name and address of the registered engineer and registered surveyor responsible for the plat and supporting data. f. The location and names of adjacent subdivisions, if any, and plat book and page reference. g. The tract boundary with bearings and distances along with written description and location relative to section corners. 17 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term h. Topographical conditions on the tract including all the existing watercourses, drainage ditches and bodies of water, marshes, wetlands, possible archaeological sites and other significant features. All existing streets and alleys of record on or adjacent to the tract including name, right-of-way width, street or pavement width and established centerline elevation. Existing streets shall be dimensioned to the tract boundary. j. All existing property lines, easements and rights-of-way of record, their purpose, and their effect on the property to be subdivided. k. The location and width of all proposed streets, alleys, rights-of-way, easements and their purpose along with the proposed layout of the lots and blocks. Proposed street names shall be identified on all public or private thorough-fares. Typical right-of-way and pavement cross sections shall be graphically illustrated on the preliminary subdivision plat, showing the location of sidewalks, bikepaths and utilities. If not previously determined during the rezoning process, it shall be determined whether the streets are to be public or private. The incorporation and compatible development of present and future streets as shown on the traffic circulation element of the Collier County growth management plan, when such present or future streets are ,.� affected by the proposed subdivision. m. Access points to collector and arterial streets showing their compliance to the requirements established by this section or a zoning action previously approved by the board of county commissioners. n. Ground elevations based on the NGVD. However, information pursuant to 10.02.04 A.2.h. may suffice for this information requirement where spot elevations have been provided in sufficient number and distribution on a boundary survey map. o. All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided. p. Generalized statement of subsurface conditions on the property, location and results of tests made to ascertain subsurface soil conditions and groundwater depth. q. Zoning classification of the tract and all contiguous properties, and, if applicable, a reference to the planned unit development or zoning ordinance, by project name and ordinance number, shall be shown. r. Utilities such as telephone, power, water, sewer, gas, and the like, on or adjacent to the tract including existing or proposed water and sewage treatment plants. The preliminary subdivision plat shall contain a statement that all utility services shall be available and have been coordinated with all required utilities. Evidence of such utility availability 18 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term shall be provided in writing from each utility proposed to service the subdivision. s. Sites proposed for parks, recreational areas, and school sites or the like in accordance with any existing ordinances requiring such a dedication. t. Typical lot configurations shall be illustrated and the minimum area of the lots required by the approved zoning classification shall be referenced by note. For fee-simple residential lots, the illustration shall portray the type of unit identified by LDC definition and developer's description to be placed on each lot (example: Lots 1-20, single-family attached (patio home), and show a typical unit on typical interior and corner lots, depicting setbacks (including preserve setbacks, if applicable) and/or separation of structures. Also for fee simple residential lots, the illustration shall portray the location of typical units on atypical lots (such as cul-de-sac, hammerhead and all irregular lots). For non-residential lots (e.g., multi-family amenity lots or parcels, commercial/industrial lots), the illustration shall portray setbacks & building envelope. Setbacks required by the approved zoning classification shall be provided verbatim on the plan in matrix form. Where more than one type of dwelling unit (e.g., single-family detached, single-family attached, zero lot line) is planned, lots must be linked to the type, or types, of unit which they are intended to accommodate. A table shall be provided showing lot area and lot width for each irregular lot, regular corner and interior lots ,.� may show only typical width and area. u. An environmental impact statement pursuant to section 10.02.02 of this Code, except that the applicant may request an administrative waiver of this provision where it is apparent that no environmental degradation will result from the development of the land or where a prior environmental impact assessment was prepared for the same area of land within five years from the date of submission of the preliminary subdivision plat. v. Locations of all wetlands, archaeological sites, endangered or threatened species, on the parcel. The following natural feature map shall be provided, as required, based on the nature of the property in question: A map of all wetland area locations as delineated by all agencies having jurisdiction over such wetlands. ii. A map of all archaeological site locations as delineated by a professional archaeologist, a regulatory agency or a state- recognized archaeological group. iii. A map of all locations of other natural features as required by [the] County Manager or his designee or any other regulatory agency having jurisdiction over such features. 19 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term iv. A map of all locations of colonies, burrows and nest trees of all endangered, threatened, or species of special concern. Such map shall be based upon delineation criteria of the appropriate governmental or regulatory agencies for such species. w. The location of buffered areas required by section 4.06.01 shall be illustrated and dimensioned if appropriate at this time. x. A subdivision that generates 1,000 ADT (average daily trips) or 150 vehicles per hour, peak hour/peak season shall submit a traffic impact analysis. The traffic impact analysis shall be prepared by an engineer and shall be used to determine the number of lanes and capacity of the street system proposed or affected by the development, based on ultimate permitted development. y. A master water management plan outlining the existing and proposed surface watercourses and their principal tributary drainage facilities needed for proper drainage, water management and development of the subdivision. The master water management plan for projects that are 40 acres or less shall consist of a plan and report with preliminary design calculations indicating the method of drainage, existing water elevations, recurring high water elevations, the proposed design water elevations, drainage structures, canals, ditches, delineated wetlands, and any other pertinent information pertaining to the control of storm and ground water. For projects that are greater than 40 acres, a South Florida Water Management District conceptual permit submittal or staff report with plan, or above equivalent, shall be required. The master water management plan and data submitted shall be consistent with the "content of application" submissions required by the South Florida Water Management District (see Rule 40E, F.A.C., as amended). In cases where modifications or improvements are not planned for existing major watercourses and their principal tributary drainage facilities, this requirement may be accomplished by so indicating on the preliminary subdivision plat. z. All plans and platting documents shall be prepared fully in compliance with the Interim Watershed Management regulations of LDC Section 3.07.00. B. Final plat requirements. 1. Protected/preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be n designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum 25-foot setback from the boundary of 20 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc • Text underlined is new text to be added. Bold text indicates a defined term such protected/preserve area in which no principle structure may be constructed. Further, the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the County Manager or his designee; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary. Additional regulations regarding preserve setbacks and buffers are located in Chapters 4 and 10, and shall be applicable for all preserves, regardless if they are platted or simply identified by recorded conservation easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to them from a platted right-of- way. No individual residential or commercial lot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additional protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, may do so by grant or dedication without being bound by the provisions of this section. 2. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and the proposed facilities. Copies of the improvement plans shall be provided by the applicant to the holder of the easement(s) simultaneously with its submission to the county. The review and approval of improvement plans does not authorize the construction of required improvements which are inconsistent with existing easement(s) of record. 3. General requirements for final subdivision plats. a. Ten prints of the final subdivision plat shall be submitted along with the improvement plans. No final subdivision plat shall be approved unless the improvement plans shall have been reviewed and accepted by the County Manager or his designee. 21 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term b. The final subdivision plat shall conform to the approved preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat, pursuant to section 10.02.05 A.S. The final subdivision plat shall constitute only that portion of the approved preliminary subdivision plat, if applicable, which the applicant proposes to construct within a finite period not to exceed 18 months. The improvements required by this section which apply to the final subdivision plat shall be completed within 18 months from the date of approval of the final plat unless prior to the 18-month construction period, a written request for an extension in time not exceeding one year is applied for and approved by the development services administrator or his designee. The applicant shall enter into a construction and maintenance agreement with the county, in a form acceptable to the county attorney, which establishes the terms and conditions for the construction and maintenance of the improvements required during the 18-month construction period (unless a written extension request is approved by the County Manager or his designee prior to the expiration of the 18-month construction period), whether the final plat is approved only or approved and recorded with the posting of a subdivision performance security. This agreement shall be submitted with the final plat for review and approval and executed by all parties at the time of final plat approval per section c. below. c. At the time of submission of the final subdivision plat, the applicant shall submit a statement indicating whether the required improvements are to be constructed prior to the recording of the final subdivision plat or after recording under subdivision performance security posted with the county as provided for in this section. When the required improvements are to be completed after recording under guarantees as provided in this section, the final subdivision plat upon submittal shall be accompanied by the following: d. An opinion of probable construction cost prepared by the applicant's professional engineer, or the actual contractor's bid, which includes the cost of all required improvements. e. Subdivision performance security, as further described herein, in an amount equal to 110 percent of the sum of construction costs for all on- site and off-site required improvements based on the applicant's professional engineer's opinion or contract bid price. Where improvements are to be constructed by a general-purpose government such as a county or municipality, a local school district, or state agency, no subdivision performance security shall be required. Subdivision performance security shall be required of an independent special- purpose government such as a community development district (CDD). The subdivision performance security shall be in one of the following forms: (1) Cash deposit agreement with the county. (2) Irrevocable standby letter of credit. 22 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term '� (3) Surety bond. (4) Construction, maintenance and escrow agreement. f. After the final subdivision plat has been approved by the County Manager or his designee for compliance with this Code as provided in this section, the applicant shall resubmit five certified sets of the previously approved improvement plans along with approved copies of all required county, state and federal construction permits. The applicant's professional engineer shall also submit a digitally created construction/site plan documents, one disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of- way--ROW, centerlines--CL, edge-of-pavement--EOP, etc.). For a plan to be deemed complete, the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: parcels--All lines that form the parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: lot dimensions--Lottxt layer. All construction permits required from local, state and federal agencies must be submitted to the County Manager or his designee prior to commencing development within any phase of a project requiring such permits. g. Approval of the final subdivision plat shall not constitute acceptance of the dedicated facilities or areas. Acceptance of any such dedicated facilities or areas and responsibility for their maintenance shall be by separate resolution of the board of county commissioners. h. All conveyance instruments shall be in a form approved by the county attorney prior to their submission to the board of commissioners for acceptance. If requested by the County Manager or his designee, the grantee shall provide, at no cost to the county, a title opinion, or certificate in a form promulgated by the Florida insurance commissioner, which is in conformance with the county's procedures for acquiring real property interests. No conveyance instrument shall be recorded prior to recordation of the final subdivision plat and formal acceptance of the conveyance by the board of commissioners. All plans and platting documents shall be prepared fully in compliance with the Interim Watershed Management regulations of LDC Section 3.07.00. 23 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term /'\ 24 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 07 00 Watershed(9-18-07)RCW.doc Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Stephen Higgins, P.S.M, Stan Chrzanowski, P.E. DEPARTMENT: Engineering Review AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC 10:62.1 LDC SECTION(S): 10.02.04 Submittal Requirements for Plats CHANGE: Add requirement for setback information to be shown on final plats REASON: Setback information shown on final plats will assist designers as well as County staff in determining appropriate setbacks FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts RELATED CODES OR REGULATIONS: Chapter 177, Florida Statutes, "Land �-. Boundaries" GROWTH MANAGEMENT PLAN IMPACT: There is no growth management impact OTHER NOTES/VERSION DATE: August 15, 2007 Amend the LDC as follows: 10.02.04 Submittal Requirements for Plats B. Final Plat Requirements * * * * * * 5. Contents and Substance of Final Subdivision Plat. The final plat itself must be drawn on only standard size 24-inch by 36-inch sheets of mylar or other approved material in conformance with F.S. ch. 177. The final plat shall be prepared by a land surveyor currently registered in the State of Florida and is to be clearly and legibly drawn with black permanent drawing ink or a photographic .-� silver emulsion mylar to a scale of not smaller than one inch equals 100 feet. 1 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\10 02 04 Plat setbacks(091207).doc Text underlined is new text to be added. Bold text indicates a defined term The final plat shall be prepared in accordance with the provisions of F.S. ch. 177, as amended, and shall conform, at a minimum, to the following requirements: g: Setbacks and Easements i_ Along with a chart (Zoning Data Sheet) indicating all required setbacks, such as "Front", "Side" and "Rear" yard setbacks and all special setbacks similar to Preserve / Conservation and access easement setbacks, the plat will show all setback lines graphically for each individual platted Lot or Tract. ii. All contiguous property will be identified with required recording information and should also be identified with Tracts, Lots and any information with reference to use, such as; residential, commercial and conservation /preserve Tracts, etc. iii. All easements that attach to plat boundaries must be shown with description and recording information. iv. Preserve areas and access easements and their setbacks cannot encumber the property of an adioiner without the written approval of the adioiner. When Preserve / Conservation areas or easements that carry a setback requirement run along or near a plat boundary that could affect property rights of the adioiner, the designer must assure these setbacks do not affect the property rights of their neighbor. These setback lines must be shown and in the case they actually do infringe upon the property of the neighbor, a consent and easement shall be recorded with the full acceptance of the affected party(s). v. Setback lines should be shown with a dashed line that is distinctly different from easement or other dashed lines. Only primary structure setback should be graphically shown although secondary structure setbacks should be identified within the Zoning Data Sheet. vi. Side and rear setback lines should be chamfered within the limits of each Lot. Front yard and special setback lines should run continuous through all Lots and Tracts. vii. Setback dimensions should be shown graphically at least once on each sheet as a "typical" within a Lot or Tract as well as on the Zoning Data Sheet. viii. Setback lines shall be shown along and measured from all access easements. Access easements shall be considered lot frontage and shall carry the frontage setback requirement unless n otherwise excepted in Section 2.03.00 of this code. 2 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\10 02 04 Plat setbacks(091207).doc Text underlined is new text to be added. Bold text indicates a defined term gh. Street names. The plat shall contain the name of each street shown on the plat in conformance with the design requirements of this section. #i. Outparcels. All interior excepted parcels shall be clearly indicated and labeled "Not a Part of this Plat." +j. Rights-of-way and easements. All right-of-way and easement widths and dimensions shall be shown on the plat. All lots must have frontage on a public or private right-of-way in conformance with the design requirements of this section, with the exception of one division of a single platted lot or otherwise established lot of record in the Rural Agricultural or Estates zoning district into two lots, herein referred to as a "lot-split," as set forth in Section 10.02.02 B.12. of this Code. Any such lot-split may utilize an access easement to satisfy access, and frontage requirements for the lot which would not otherwise have street frontage. The width of such access easement may not be less than twelve (12) feet and may be required to be wider at the discretion of Collier County staff, to accommodate safe access and turning movements, stormwater drainage pipes and the like. The number of access points to a public right-of-way shall not be increased as a result of the lot-split, if, in the opinion of the county staff, safe and sufficient access may be accomplished with fewer access points than existed prior to the proposed lot-split. The access easement will create a front yard for setback purposes for all lots abutting the access easement. In cases where access is presently provided by an access easement to existing lots of record in any zoning district which are not part of a recorded or unrecorded subdivision, this easement will serve to satisfy access and frontage requirements for those lots, and yards abutting the easement will be considered front yards for setback purposes. fk. Restrictions, reservations and restrictive covenants. Restrictions pertaining to the type and use of water supply, type and use of sanitary facilities; use, responsibility of maintenance and benefits of water or water management areas, canals, preserve and conservation areas, and other open spaces; odd-shaped and substandard parcels; restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and the existence of such covenants shall be noted on the plat by reference to official record book and page numbers in the public records of Collier County. Documents pertaining to restrictive covenants shall be submitted with the final plat. Private streets and related facilities. All streets and their related facilities designed to serve more than one property owner shall be dedicated to the public use; however private streets shall be permitted within property under single ownership or control of a property owners' association a condominium or cooperative association or other like or similar entity. Where private streets are permitted, ownership and maintenance association documents shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without responsibility to the county or any other public agency. The rights-of-way and related 3 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\10 02 04 Plat setbacks(091207).doc Text underlined is new text to be added. Bold text indicates a defined term facilities shall be identified as tracts for roads and other purposes under specific ownership. All private streets shall be constructed in the same manner as public streets and the submission of improvement plans with required information shall apply equally to private streets pursuant to the Collier County Construction Standards Manual. fm. Certification and approvals. The plat shall contain, except as otherwise allowed below, on the first page (unless otherwise approved by the engineering services director and office of the county attorney prior to submittal) the following certifications and approvals, acknowledged if required by law, all being in substantially the form set forth in appendix C to this Code. The geometric layout and configuration of the property to be platted shall not be shown on the page(s) containing the certifications, approvals and other textual data associated with the plat when practical. Dedications. The purpose of all dedicated or reserved areas shown on the plat shall be defined in the dedication on the plat. All areas dedicated for use by the residents of the subdivision shall be so designated and all areas dedicated for public use, such as parks, rights-of-way, easements for drainage and conservation purposes and any other area, however designated, shall be dedicated by the owner of the land at the time the plat is recorded. Such dedication and the responsibility for their maintenance shall require a separate acceptance by resolution of the board of county commissioners. No dedications items shall be included in the general note for the plat. ii. Mortgagee's consent and approval. Identification of all mortgages and appropriate recording information together with all mortgagees' consents and approvals of the dedication shall be required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee or mortgagees, as the case may be, must be witnessed and the execution must be acknowledged in the same manner as deeds are required to be witnessed and acknowledged. In case the mortgagee is a corporation, the consent and approval shall be signed on behalf of the corporation by the president, vice-president or chief executive officer. At the applicant's option, mortgagee's consents do not have to be included on the plat to be recorded, so long as they are provided as fully executed and acknowledged separate instruments along with the plat submittal. iii. Certification of surveyor. The plat shall contain the signature, registration number and official seal of the land surveyor, certifying that the plat was prepared under his responsible direction and supervision and that the survey data compiled and shown on the plat complies with all of the requirements of F.S. ch. 177, part I, as amended. The certification shall also state that permanent reference monuments, "P.R.M.," have been set in compliance with F.S. ch. 177, part I, as amended, and this section, and that P.C.P.s and lot corners will be set under the direction and supervision of the surveyor prior to final acceptance of required 4 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\10 02 04 Plat setbacks(091207).doc Text underlined is new text to be added. Bold text indicates a defined term improvements. Upon installation of the P.C.P.s, the surveyor must submit to the County Manager or his designee written certification that the installation work has been properly completed. When required improvements have been completed prior to the recording of a plat, the certification shall state the P.C.P.s and lot corners have been set in compliance with the laws of the State of Florida and ordinances of Collier County. When plats are recorded and improvements are to be accomplished under performance security posted as provided for by this section, the required improvements and performance guarantee shall include P.C.P.s iv. Signature block for board of county commissioners and clerk of circuit court. The plat shall contain the approval and signature block for the board of county commissioners and the acknowledgement and signature block of the clerk of circuit court. v. Signature block for county attorney. The plat shall contain the approval and signature block for the county attorney. vi. Evidence of title. A title certification or opinion of title complying with § 177.041, F.S., must be submitted with the plat. The evidence of title provided must state or describe: (1) that the lands as described and shown on the plat are in the name, and record title is held by the person, persons or organization executing the dedication, (2) that all taxes due and payable at the time of final plat recording have been paid on said lands, (3) all mortgages on ^ the land and indicate the official record book and page number of each mortgage. The evidence of title may, at the applicant's discretion, be included on the first page of the plat, so long as the information required by section 177.041, F.S., and this paragraph is clearly stated, an effective date is provided, and the statement is properly signed. vii. Instrument prepared by. The name, street and mailing address of the natural person who prepared the plat shall be shown on each sheet. The name and address shall be in statement form consisting of the words, "This instrument was prepared by (name), (address)." win. Location. The name of the section, township, range, and if applicable city, town, village, county and state in which the land being platted is situated shall appear under the name of the plat on each sheet. If the subdivision platted is a resubdivision of a part or the whole of a previously recorded subdivision, the fact of its being a resubdivision shall be stated as a subtitle following the name of the subdivision wherever it appears on the plat. no. Surveyor's seal. The surveyor of record shall sign and seal copies of the plat submitted for approval. op. Basis of bearings. The basis of bearings must be clearly stated, i.e., whether to "True North," "Grid North" as established by the NOS, 5 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\10 02 04 Plat setbacks(091207).doc Text underlined is new text to be added. Bold text indicates a defined term "Assumed North," etc., and must be based on a well-defined line. pg. Existing or recorded streets. The plat shall show the name, location and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat, accurately tied to the boundary of the plat by bearings and distances. 6 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\10 02 04 Plat setbacks(091207).doc F Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Barbara Burgeson, Principal Environmental Specialist Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC5:30 LDC SECTION(S): 5.05.02 CHANGE: To exclude the length of shoreline within conservation easements when calculating the maximum allowable number of boat slips in accordance with the Manatee Protection Plan. REASON: The rating system used in calculating the maximum number of wetslips in accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum number of wetslips. Since the adoption of the Manatee Protection Plan in May 1995, staff has applied the provisions of the Manatee Protection Plan to exclude the amount of shoreline within conservation easements from the calculation of the maximum allowable wetslips. Shoreline within a conservation easement is excluded since a conservation easement removes all development rights, and thus there are no rights that the property owner can transfer to another area not encumbered or protected by a preserve designation or conservation easement. FISCAL & OPERATIONAL IMPACTS: None since it has been staff's practice to already exclude the length of shoreline within conservation easements in calculating the maximum allowable number of boat slips in accordance with the Manatee Protection Plan. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated the MPP within Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3. OTHER NOTES/VERSION DATE: Created September 5, 2007 Amend the LDC as follows: 1 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\5 05 02-MPP Shoreline Calculations (091207)SL.doc 9/18/2007 ) Text underlined is new text to be added. Bold text indicates a defined term 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all multi-slip docking facilities with ten slips or more, and all marina facilities. B. Proposed developments will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP, then the developer will submit a "Manatee Awareness and Protection Plan," which shall address, but not be limited to, the following categories: 1. Education and public awareness. 2. Posting and maintaining manatee awareness signs. 3. Information on the type and destination of boat traffic that will be generated from the facility. 4. Monitoring and maintenance of water quality to comply with state standards. 5. Marking of navigational channels, as may be required. C. A rating system is established to evaluate proposed marina facilities. The purpose of the marina site rating system is to help determine the maximum wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native marine habitat, and manatee abundance. In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the boat traffic must be designated. For the proposed marina facility, an on-water travel distance of five (5) miles is considered the sphere of influence. 1. A preferred rating is given to a site that has or can legally create adequate water depth and access, will not impact native marine habitats, and will not impact a high manatee use area (See Table 5.05.02(C)(5)). 2. A moderate ranking is given to a site where: there is a adequate water depth and access, no impact to a high manatee use area, but there is an impact to native marine habitat; there is adequate water depth, no impact to native marine habitat, but impacts a high manatee use area; and when the water depth is less than four (4) feet mean low water (MLW), no impact to native marine habitat, and no impact to a high manatee use area. 3. A protected ranking is given to a site where: there is adequate water depth and access, but there is an impact to native marine habitat and there is an impact to a high manatee use area; there is not adequate water depth, there is impact to or destruction of native marine habitat, and there is impact to a high manatee use area; there is not adequate water depth, no impact to marine habitat, but there is impact to a high manatee use area; or there is not adequate depth, there is impact to marine habitat, and no impact to a high manatee use area. 4. The exact areas will depend on site specific data gathered during the site 2 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\5 05 02-MPP Shoreline Calculations (091207)SL.doc 9/18/2007 ` r Text underlined is new text to be added. Bold text indicates a defined term development process reviews. 5. Table of Siting Criteria Water Depth Native Marine Habitat Manatee Use (Measured at MLW) 4 ft. or more Less than No Impact Not High High 4 ft. Impact1 Preferred X X X Moderate X X X Moderate X X X Moderate X X X Protected X X X Protected X X X Protected X X X Protected X X X 1 For shoreline vegetation such as mangroves, "no impact" is defined as no greater than five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means than no more than 100 square feet of sea grasses can be impacted. D. Allowable wet slip densities. 1. Preferred sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. Expansion of existing and construction of new dry storage facilities is allowed. Expansion of existing and construction of new boat ramps is allowed. 2. Moderate development sites. New or expanded wet slips and multi-family facilities shall be allowed at a density of up to ten (10) boat slips for every 100 feet of shoreline. Expansion of existing dry storage facilities is allowed. Construction of new dry storage facilities is prohibited. Expansion of existing boat ramps is allowed. Construction of new boat ramps is prohibited. 3. Protected sites. New or expanded wet slip marinas and multi-family facilities shall be allowed at a density of one (1) boat slip for every 100 feet of shoreline. Expansion of existing dry storage facilities or construction of new dry storage facilities is prohibited. Expansion of existing boat ramp or construction of new boat ramps is prohibited. E. If a potential boat facility site is ranked as moderate or protected because of its proximity to a high use manatee area, its ranking can be increased if slow speed zones are established that account for a significant portion of the expected travel route of the boats using the proposed facility. In that case, the manatee criteria in the three (3) way test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow speed zones are not existing, the County may establish, with DEP approval, additional slow speed zones in order to mitigate the proposed additional boat traffic. F. Existing facilities and facilities which had state or federal permits prior to adoption of the MPP shall be exempt from these provisions, but will be subject to all other requirements 3 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\5 05 02-MPP Shoreline Calculations (091207)SL.doc 9/18/2007 i Text underlined is new text to be added. Bold text indicates a defined term of this Code. G. The definition of shoreline for the purpose of the Manatee Protection Plan shall be the interface of land and water at mean hiqh water, as established using standard survey techniques. Shoreline within conservation easements shall not be used in calculating the maximum allowable number of wetslips pursuant to the Manatee Protection Plan. Artificially created shorelines created after the adoption of the Manatee Protection Plan in May 1995 shall not be used in the calculation for wetslip densities. (Ord. No. 05-27, § 3.FF) 4 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\5 05 02-MPP Shoreline Calculations (091207)SL.doc 9/18/2007 Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development&Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC3:28.1 - LDC3:28.2 LDC SECTION(S): 3.05.07 CHANGE: Change priority for preserved native vegetation as required by the 2007 EAR-based amendments to the Conservation and Coastal Management Element (CCME) of the GMP. REASON: Required as part of the 2007 EAR-based amendments to the CCME of the GMP. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None affected GROWTH MANAGEMENT PLAN IMPACT: Required as part of the 2007 EAR-based amendments to the CCME of the GMP. OTHER NOTES/VERSION DATE: Created August 31, 2007 Amend the LDC as follows: 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. 1. The preservation of native vegetation shall include canopy, under-story and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e. 2. Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set aside as preserve areas, subject to the I C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 05 07 A-Native Vegetation Preservation Priority SL.doc 9/18/2007 Text underlined is new text to be added. Bold text indicates a defined term requirements of section 3.05.07 H. Single family residences are exempt from the requirements of section 3.05.07 H. 3. Selection of native vegetation to be retained as Rpreserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.c.: a. Wetland or upland Aareas known to be utilized by listed species or that serve as corridors for the movement of wildlife; b. Xeric Scrub, Dune and Strand, Hardwood Hammocks; cb. Onsite wetlands having an accepted functionality WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7; ds. Any upland habitat that serves as a buffer to a wetland area as defined in section 3.05.07 A.3.c above; d—misted plant and animal species habitats; c. Xeric Scrub; f. Dune and Strand, Hardwood Hammocks; eg. Dry Prairie, Pine Flatwoods; and fh. All other upland native habitats. reservation- 4. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. 5. To the greatest extent possible, native vegetation, in quantities and types set forth in section 4.06.00, shall be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. * * * * * * * * * * * 2 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 05 07 A-Native Vegetation Preservation Priority SL.doc 9/18/2007 • Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Joe Thompson, Planner DEPARTMENT: Comprehensive Planning Department AMENDMENT CYCLE: Cycle 2,2007 LDC PAGE: 2:36 LDC SECTION(S): 1.08.02,2.03.07 D.4.c. CHANGE: Adding definition for `Redemption' and Changing various segments of language to align with procedural terminology REASON: Current references do not accurately describe administrative process FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: N/A GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: 8/30/07 Amend the LDC as follows: 1.08.02 Definitions * * * * * * * * * * * * * Redemption: Utilization of Rural Fringe Mixed-Use District (RFMUD) Transfer of Development Rights (TDR) credit for development purposes. * * * * * * * * * * * * * 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * * D. Special Treatment Overlay "ST". * * * * * * * * * * * * * 1 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\2 03 07 D 4 c(091207)-JT.doc Text underlined is new text to be added. Bold text indicates a defined term 4. Transfer of development rights (TDR). c. TDR credits from RFMU sending lands: General Provisions Creation of TDR credits. a) TDR credits are generated from RFMU sending lands at a rate of 1 TDR credit per 5 acres of RFMU Sending Land or, for those legal non-conforming lots or parcels of less than 5 acres that were in existence as of June 22, 1999, at a rate of 1 TDR credit per legal non-conforming lot or parcel. b) For lots and parcels 5 acres or larger, the number of TDR credits generated shall be calculated using the following formula: #of acres x 0.2 =# of TDR credits generated. Where the number of TDR credits thus calculated is a fractional number, the number of TDR credits created shall be rounded to the nearest 1/100th. Creation of TDR Bonus credits. TDR Bonus credits shall only be generated from RFMU sending land property from which TDR credits have been severed. The three types TDR Bonus credits are as follows: a) Environmental Restoration and Maintenance Bonus credits. Environmental Restoration and Maintenance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land for which a Restoration and Management Plan (RMP) has been accepted by the County. In order to be accepted, a RMP shall satisfy the following: 1) The RMP shall include a listed species management plan. 2) The RMP shall comply with the criteria set forth in 3.05.08.A, and B. 3) The RMP shall provide financial assurance, in the form of a performance surety bond or similar financial security, that the RMP shall remain in place and be performed, until the earlier of the following occurs: a. Viable and sustainable ecological and hydrological functionality has been achieved 2 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\2 03 07 D 4 c(091207)-JT.doc Text underlined is new text to be added. Bold text indicates a defined term on the property as measured by the success criteria set forth in the RMP. b. The property is conveyed to a County, state, or federal agency as provided in b) below. 4) The RMP shall provide for the exotic vegetation removal and maintenance to be performed by an environmental contractor acceptable to the County. b) Conveyance Bonus credits. Conveyance Bonus credits are generated at a rate of 1 credit for each TDR credit severed from that RFMU sending land that is conveyed in fee simple to a federal, state, or local government agency as a gift. Conveyance Bonus credits shall only be generated from those RFMU sending land properties on which an RMP has been accepted as provided in a) above. c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5, 2005, until three years after the adoption of this regulation. Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non-RFMU Receiving Lands after the termination of the Early Entry Bonus period. iii. Calculation of TDR Bonus credits. a) Environmental Restoration and Maintenance Bonus credits are calculated as follows: #TDR credits generated from property x % property subject to an approved RMP b) Conveyance Bonus credits are calculated as follows: #TDR credits generated from property x % property subject to an approved RMP and conveyed as provided in ii.b) above. c) Early Entry Bonus credits are calculated as follows: #TDR credits generated within Early Entry period x 1. iv. Receipt of TDR credits or TDR Bonus credits from RFMU sending lands. TDR credits or TDR Bonus credits from RFMU sending lands may be redeemed transferred into Urban Areas, the Urban Residential Fringe, and RFMU receiving lands, as provided in -=r`= •' . subsections 2,0107 4,d and e below. 3 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\2 03 07 D 4 c(091207)-JT.doc Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term v. Prohibition on redemption transfer of fractional TDR credits and TDR Bonus credits. While fractional TDR credits and TDR Bonus credits may be created, as provided in (ii) above, TDR credits and TDR Bonus credits may only be redeemed transferred from RFMU sending land, in increments of whole, not fractional, dwelling units. Consequently, fractional TDR credits and fractional TDR Bonus credits must be aggregated to form whole units, before they can be utilized to increase density in either non-RFMU Receiving Areas or RFMU Receiving lands. vi. Prohibition on severance transfer of development rights. a) Neither TDR credits nor TDR Early Entry Bonus credits shall be generated from RFMU sending lands where a conservation easement or other similar development restriction prohibits the residential development of such property, with the exception of those TDR Early Entry Bonus credits associated with TDR credits severed from March 5, 2004, until [the effective date of this provision]. Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits may only be generated from those RFMU sending lands where a conservation easement or other similar development restriction on development was imposed in conjunction with the severance of TDR credits. b) Neither TDR credits nor any TDR Bonus credits shall be generated from RFMU sending lands that were cleared for -- agricultural operations after June 19, 2002, for a period of twenty- five (25) years after such clearing occurs. d. Redemption Transfer of TDRs - - - - • - • - - • f - e •lands into non-rfmu receiving areas. Redemption Transfers into urban areas. a) Maximum density increase. In order to encourage residential in-fill in urban areas of existing development outside of the Coastal High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be requested through a rezone petition for projects qualifying under this residential infill provisions of the Future Land Use Element density Rating System, subject to the applicable provisions of Chapters 2 and 9 of this Code, and the following conditions: i) The project is 20 acres or less in size; ii) At time of development, the project will be served by central public water and sewer; ii) The property in question has no common site development plan in common with adjacent property; iv) There is no common ownership with any adjacent 4 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\2 03 07 D 4 c(091207)-JT.doc Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term parcels; and v) The parcel in question was not created to take advantage of the in-fill residential density bonus and was created prior to the adoption of this provision in the Growth Management Plan on January 10, 1989. vi) Of the maximum 3 additional units, one (1) dwelling unit per acre shall be derived transferred from RFMU sending lands and redeemed at Site Plan or prior to Plat recordation. b) Developments which meet the residential infill conditions i) through v) above may increase the base density administratively through a Site development Plan or Plat approval by a maximum of one dwelling unit per acre by redeeming transferring that additional density derived from RFMU district Sending Lands. ii. Redemptions Transfers into the urban residential fringe. Urban Residential Fringe shall be permitted exclusively through the use of TDR credits and TDR Bonus credits derived may—be transferred from RFMU sending lands located within one mile of the Urban Boundary into lands designated Urban Residentia4 Fringc to increase density by a maximum of 1.0 dwelling units per acre, allowing for a density increase from the existing allowable base density of 1.5 dwelling units per acre to a maximum of 2.5 dwelling units per gross acre. e. Redemption Transfers from RFMU scnding lands into RFMU receiving lands. Maximum density on RFMU receiving lands when TDR credits are redeemed transferred from RFMU scnding lands. a) The base residential density allowable shall be as provided in sections 2.03.08 A.2.a.(2)(a) and 2.03.08 A.2.b.(3)(a). b) The density achievable through the redemption transfer of TDR credits and TDR Bonus credits into RFMU receiving lands shall be as provided for in section 2.03.08 A.2.a.(2)(b)(i) outside of rural villages and sections 2.03.08 A.2.b.(3)(b) and 2.03.08 A.2.b.(3)(c)(i) inside of rural villages. ii. Remainder uses after TDR credits are severed from RFMU sending lands. Where development rights have been severed from RFMU district Sending Lands, such lands may be retained in private ownership and may be used as set forth in section 2.03.08 A.4.b. 5 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\2 03 07 D 4 c(091207)-JT.doc Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term f. Procedures applicable to the severance and redemption transfer of TDR credits and the generation of TDR Bonus credits from RFMU sending lands. General. Those developments that utilize such TDR credits or TDR Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. a) The severance of TDR credits and the generation of Early Entry Bonus credits from RFMU sending lands does not require further approval of the County if the County determines that information demonstrating compliance with all of the criteria set forth in ii.a) below has been submitted. However, those developments that utilize such TDR credits and Early Entry Bonus credits are subject to all applicable permitting and approval requirements of this Code, including but not limited to those applicable to site development plans, plat approvals, PUDs, and DRIs. b) The generation of Environmental Restoration and Maintenance Bonus credits and Conveyance Bonus credits requires acceptance by the County of a RMP. ii. County maintained central TDR registry. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry for e# all TDR severances, transfers (sales) and redemptions credit and TDR Bonus credits purchases, sales, and transfers, as well as maintain a public central listing of TDR credits and-T-D -R Bonus GT-edits available for sale and along with a listing of purchasers seeking TDR credits or- TDR Bonus credits No TDR credit and TDR Bonus credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. a) TDR credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU receiving lands until severed from RFMU sending lands. TDR credits shall be deemed to be severed from RFMU sending lands at such time as a TDR credit Certificate is obtained from the County and recorded. TDR credit Certificates shall be issued only by the County and upon submission of the following: i) a legal description of the property from which the RFMU TDR credits originated, including the total acreage; ii) a title search, or other evidence sufficient to 6 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\2 03 07 D 4 c(091207)-JT.doc Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term establish that, prior to the severance of the TDR credits from RFMU sending lands, such sending lands were not subject to a conservation restriction or any other development restriction that prohibited residential development; iii) an executed Limitation of Development Rights Agreement legal instrument, prepared in accord with the form provided by the County, that limits the allowable uses on the property after the severance of TDR credits as set forth in section 2.03.08 A.4.b.; and iv) a statement identifying the price, or value of other remuneration, paid to the owner of the RFMU sending lands from which the TDR credits were generated and that the value of any such remuneration is at least $25,000 per TDR credit, unless such owner retains ownership of the TDR credits after they are severed, unless the RFMU or non-RFMU receiving lands on which the TDR credits will be redeemed utilized and the RFMU sending lands from which the TDR credits were generated are owned by the same persons or entities or affiliated persons or entities; and v) a statement attesting that the TDR credits are not being severed from RFMU sending lands in violation of tsection 2 Q ,l _ ' r, 4 the Code. vi) documented evidence that, if the property from which TDRs are being severed is subject to a mortgage, lien, or any other security interest; the mortgagee, lien holder, or holder of the security interest has consented to the recordation of the Limitation of Development Rights Agreement conservation easement required for TDR severance. b) TDR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or RFMU receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County . 1) Early Entry Bonus credits. All TDR credit certificates issued by the County for the period from the effective date of this provision until three years after such effective date shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit or each TDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR 7 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\2 03 07 D 4 c(091207)-JT.doc Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits, issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits. 2) Environmental Restoration and Maintenance Bonus credit. A TDR certificate reflecting Environmental Restoration and Maintenance Bonus credits shall not be issued until the County has accepted a RMP for the sending lands from which the Environmental Restoration and Maintenance Bonus credit is being generated. Any sending lands from which TDR credits have been severed may also be used for mitigation programs and associated mitigation activities and uses in conjunction with any county, state or federal permitting. Where the Environmental Restoration and Maintenance Credit is applied for sending lands that are also being used (title or easement) for mitigation for permits or approvals from the U.S. Army Corps of Engineers, U. S. Fish and Wildlife Service, Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission, or the South Florida Water Management District, the County shall accept as the RMP for the sending mitigation lands, the restoration and/or maintenance requirements of permits issued by any of the foregoing governmental agencies for said lands. 3) Conveyance Bonus credit. A TDR certificate reflecting Conveyance Bonus credits shall not be issued until the County has accepted a RMP for the Sending Lands from which the Conveyance Bonus credit is being generated and such sending lands have been conveyed, in fee simple, to a County, state, or federal government agency. c) A PUD or DRI utilizing TDR credits or TDR Bonus credits may be conditionally approved, but no subsequent application for site development plan or subdivision plat within the PUD or DRI shall be approved, until the developer submits the following: i) documentation that the developer has acquired all TDR credits and TDR Bonus credits needed for that phase portion of the development that is the subject of the site development plan or subdivision plat; and 8 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\2 03 07 D 4 c(091207)-JT.doc Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term ii) a TDR transaction fee sufficient to defray the expenses of the County in administering the, Central TDR Registry. d) The developer shall provide documentation of the acquisition of full ownership and control of all TDR credits needed for the development and of recordation of the TDR credit certificates for all such TDR credits prior to the approval of any site development plan, subdivision plat, or other final local development order, other than a PUD or DRI. e) Each TDR credit shall have an individual and distinct tracking number, which shall be identified on the TDR certificate that reflects the TDR credit. The county TDR Activity Log registry shall maintain an ongoing record of all TDR credits, database designation that categorizes all TDR credits those relative to that have been severance, transfer (sale) and redemption activity expended. f) The county bears no responsibility to provide notice to any person or entity holding a lien or other security interest in sending lands that TDR credits have been severed from the property or that an application for such severance has been filed. g) The County bears no responsibility to provide notice to any person or entity holding a lien or other security interest in Sending Lands that TDR credits have been severed from the property or that an application for such severance has been filed. g. Proportional utilization of TDR credits. Upon the issuance of approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR credits shall be redeemed deemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived through TDR credits. All PUDs and DRIs utilizing TDR credits shall require that the rate of TDR credit consumption be reported through the monitoring provisions of sections 10.02.12 and 10.02.07(C)(1)(b) section 10.02.12 and subsection 10.02.07 C.1.b of this Code. 9 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\2 03 07 D 4 c(091207)-JT.doc Text underlined is new text to be added. Bold text indicates a defined term LDC Amendment Request ORIGIN: Environmental Advisory Council Collier County Planning Commission AUTHOR: Barbara Burgeson, Principal Environmental Specialist Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE: Cycle 2, 2007 LDC PAGE: LDC 1:35-LDC 1:36, LDC3:28, LDC 10:89-LDC 10:91, LDC 10:96 LDC SECTION(S): 1.08.02, 3.05.05, 10.02.06 CHANGE: Background: Recent authorization was given via e-mail from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS) to a property owner of a single-family lot in Pine Ridge, to cut down a slash pine tree containing an active bald eagle nest. Current State and Federal rules, interim guidelines for the bald eagle and the August 3, 2007 FFWCC Draft Bald Eagle Management Plan require that a permit be issued when taking a bald eagle nest. No take permit was issued from either the FFWCC or USFWS for removal of this nest. Collier County was not contacted to ask if a permit was required to cut down this tree. It was brought to our attention through complaints filed by neighbors in the subdivision who had been watching that eagle nest for years. If the property owner or the tree removal company had called the County, staff would have told them that a permit from the County would be required if the owner had already cleared the maximum one acre allowed with the building permit for the principal structure. If simply questioned about removal of a dead tree, staff would have told the property owner that under most circumstances a permit is not required for removal of a dead tree. Exceptions to that would be when the tree is in a preserve or protected area or if there are listed species utilizing the tree. Since the tree in question had an active bald eagle nest, we would have prohibited removal of the tree until the applicant had provided the county with take permits from both the USFWS and the FFWCC, and County staff evaluated whether or not the property owner qualified to obtain a vegetation removal permit. Since there is no permit required for removal of dead trees and staff is not always given all the facts when asked questions about tree removal,there is the potential for a loop hole in the system with regards to protecting dead trees with listed species nests or cavities. They are protected 1 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 05 05 P-protected-listed species nest- cavity protection(091907)SL.doc 9/19/2007 Text underlined is new text to be added. Bold text indicates a defined term FISCAL & OPERATIONAL IMPACTS: An additional cost of $250 will be required to process a vegetation removal permit for removal of vegetation containing a nest or cavity tree of listed or protected animal species, if none were previously required pursuant to the vegetation removal permit exemption subsection of the LDC. Permit and possibly consultant fees for obtaining State and Federal permits will also be incurred by the applicant. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: Created September 6, 2007, amended September 19, 2007 Amend the LDC as follows: 1.08.02 Definitions Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native vegetation communities by: displacing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species; which includes all species of vegetation listed on the 2003 Florida Exotic Pest Plant Council's List of Invasive Species, under Category I. Vegetation, Category I1 Invasive Exotic: Invasive exotic vegetation that has increased in abundance or frequency but have not yet altered native plant communities by displacing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species. Vegetation, exotic: A plant species introduced to Florida, purposefully or accidentally from a natural range outside of Florida. The terms Exotic vegetation and Nonnative vegetation are interchangeable. Exotic vegetation includes Naturalized Vegetation, and Category I and Category II Invasive Exotics. Vegetation, native: Native vegetation means native southern Floridian species as determined by accepted valid scientific references identified in section 4.06.05C. Where this Code refers to, or requires retention of, existing native vegetation, the term native vegetation is further defined as a vegetative community having 75% or less canopy coverage of melaleuca or other invasive exotic plant species. Vegetation, naturalized: Exotic vegetation that sustains itself outside cultivation, but is not prohibited exotic vegetation. Vegetation, prohibited exotic: Category I or Category II Invasive Exotic Vegetation limited to those enumerated in section 3.05.08 of this Code. Vegetation, protected: Any living, woody plant (tree, shrub or groundcover) and any living or dead, woody plant (tree, shrub or groundcover) that has a nest or cavity of a protected or listed animal species. Nuisance invasive vines and nuisance invasive groundcover are not protected vegetation. 3 C:\Documents and Settings\mendicino c\Local Settings\Temporary Internet Files\OLK5F\3 05 05 P-protected-listed species nest- cavity protection(091907)SL.doc 9/19/2007 • Text underlined is new text to be added. Bold text indicates a defined term * * * * * * * * * * * * * 3.05.05 Criteria for Removal of Protected Vegetation The County Manager or designee may approve an application for vegetation removal permit if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an approval in accordance with the criteria set forth in this section. In addition, a vegetation removal permit may be issued under the following conditions: A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. B. Diseased or otherwise unhealthy vegetation, as determined by standard horticultural practices, and, if required, a site inspection by the County Manager or designee. C. A final local development order has been issued which allows removal of the protected vegetation. D. Compliance with other codes and/or ordinances may involve protected vegetation removal. E. Replacement of non-native vegetation shall be with native vegetation and shall be subject to the approval of the County Manager or designee. Replacement vegetation shall comply with the standards of section 4.06.05 and shall include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with seven foot crown spread and dbh (diameter at breast height) of three inches. Replacement native vegetation shall be planted within fourteen (14) calendar days of removal. F. On a parcel of land zoned RSF, VR, E, or other nonagricultural, noncommercial zoning district in which single-family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning. G. The proposed mangrove alteration has a DEP permit, or meets the permitting standards in the Florida Administrative Code. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements. H. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state, federal or county approved or endorsed environmental preservation, enhancement, or restoration projects, shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of time authorized by such agency permits. I. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to site development plan, construction plan or other final approvals, a vegetation relocation permit (vegetation removal permit) may be issued by the County Manager or his designee provided that it can be demonstrated that early 4 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 05 05 P-protected-listed species nest- cavity protection(091907)SL.doc 9/19/2007 Text underlined is new text to be added. Bold text indicates a defined term transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the County Manager or his designee. J. Landscape plant removal or replacement. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in section 4.06.00. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. K. Removal of vegetation for firebreaks approved by the State of Florida, Division of Forestry, shall be permitted. The width of the approved clearing shall be limited to the minimum width determined necessary by the Division of Forestry. L. A State or Federal permit issuance depends on data that cannot be obtained without preliminary removal of some protected vegetation. The clearing shall be minimized and shall not allow any greater impacts to the native vegetation on site than is absolutely necessary. Clearing shall be limited to areas that are outside any on-site preserves, as identified on the PUD master plan, Plat/Construction Plans or Site Development Plan. M. In conjunction with a Collier County approved Preserve Management Plan, native vegetation clearing may be approved only when it is to improve the native habitat or to improve listed species habitat. N. Conservation Collier projects which may need minimal clearing for parking, pathways for walking, or structures that may not require site plan approvals. 0. Early clearing will be allowed as part of a final review of an SDP or PPL, after the Environmental Services Review Staff approves the necessary components of the project to ensure the appropriate environmental protection and preservation on site. This can only be allowed after the following are completed and approved: 1) final configuration and protection of the preserve is complete, 2) the conservation easements are completed and approved by both the environmental review staff and the county attorney's office, 3) the environmental review staff has approved the clearing of the site through the site clearing/preservation plan, 4) copies of all applicable Federal, State, and Local permits must be submitted and reviewed against the site clearing/preservation plan. This early clearing does not authorize approval for excavation, spreading fill, and grading. That must be approved through a preliminary work authorization process in accordance with section 10.02.04.4.f. If for any reason the underlying SDP or PPL is not approved, the property owner will be responsible for revegetation of the site in accordance with Section 4.06.04.A.1.a.vii. P. Removal of living or dead vegetation with any nest or cavity of a protected or listed animal species when permits from the Florida Fish and Wildlife Conservation Commission and U.S Fish and Wildlife Service, in accordance 1 State and Federal permit requirements, have been provided authorizing the removal of the nest or cavity tree; subiect to the following criteria: 5 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 05 05 P-protected-listed species nest- cavity protection(091907)SL.doc 9/19/2007 Text underlined is new text to be added. Bold text indicates a defined term Removal of vegetation with a nest or cavity of a protected or listed animal species shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements of the Code, except where protected vegetation is a threat to human safety. i The nest or cavity is no longer in use and is considered abandoned or lost by the Florida Fish and Wildlife Conservation Commission and U.S Fish and Wildlife Service. The nest or cavity is located on a parcel of land in which single-family lots have been subdivided for single-family use only, and the nest or cavity is located in such a manor that the principal structure can not be constructed or where access to the property can not be attained. Removal of vegetation with a nest or cavity of a protected or listed animal species, other than a bald eagle, with an approved SDP or PPL. Where native vegetation is required to be preserved on site, a wildlife management plan in accordance with section 3.04.00 shall be required. * * * * * * * * * * * * * i 10.02.06 Submittal Requirements for Permits * * * * * * * * * * * * * C. Vegetation Removal permit requirements. * * * * * * * * * * * * * 2. Application contents. Application for a vegetation removal permit shall be submitted to the County Manager or his designee in writing on a form provided by the planning services department. The application shall include the following information: a. A generalized vegetation inventory which includes: * * * * * * * * * * * ii. Generalized written assessment and evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assessment shall include an evaluation of character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors that may affect their preservation, and presence of any listed or protected animal species utilizing the vegetation. The inventory assessment and evaluation shall be prepared by a 6 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 05 05 P-protected-listed species nest- cavity protection(091907)SL.doc 9/19/2007 • Text underlined is new text to be added. Bold text indicates a defined term person knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. 4. Vegetation removal permit exceptions. The following exceptions shall apply when there are no listed or protected animal species utilizing the vegetation. * * * * * * * * * * * * E. Enforcement and penalties. 1. Fines. a. The failure of a property owner or any other person to obtain an approved permit as required in this section shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. Removal of vegetation with a nest or cavity of a protected or listed animal species pursuant to section 10.02.06 C shall be subject to the following fines. Bald eagle: $35,000 per nest All other protected or listed animal species: $5,000 per nest or cavity b. The failure of a property owner or any other person, who obtains an agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 10.02.06 D., to put the subject premises into a bona fide agricultural use shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this Code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. * * * * * * * * * * * * * 7 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\3 05 05 P-protected-listed species nest- cavity protection(091907)SL.doc 9/19/2007 • impact (DRI); lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: 1) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than five years old (or if older than five years, has been updated within six months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition,that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged in Preserves as allowed in section 3.05.07. SUBSECTION 3.LL. AMENDMENTS TO SECTION 8.06.04 Membership SECTION 8.06.04 Membership,of Ordinance 04-41,as amended,the Collier County Land Development Code,is hereby amended to read as follows: 8.06.04 Membership A. Appointment. Nine(9)regular members and 2 alternate members of the EAC shall be appointed by, and serve at the pleasure of, the BCC. Alternate members will be requested to attend meetings when regular members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member. Appointment to the EAC shall be by resolution of the BCC and shall set forth the date of appointment and the term of office. Each appointment shall be for a term of fei -E 4 3 years. Terms shall be staggered so that no more than a minority of such members'appointments will expire in any one year. B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general circulation within the County,and vacancy notices shall be posted in the County libraries and County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service.The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should • consider a membership guideline of six E 6 3 technical regular members and three-(3 3 non-technical regular members, and 2 technical alternate members . Technical members shall demonstrate evidence of expertise in one(1) or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the sub- disciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste , hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste , stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCC. * SUBSECTION 3.MM. ADDITION OF SECTION 8.06.10 Appeal Page 77 of 97 Words are deleted,words underlined are added 84)6.00 ENVIRONMENTAL ADVISORY COUNCIL Page 1 of 4 �-. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL 8.06.01 Establishment There is hereby established an Environmental Advisory Council ("EAC"). The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. (Ord. No. 05-27, § 3.NN) 8.06.02 Purpose The EAC will function to: A. Advise on the preservation, conservation, protection, management, and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of the County in regard to the safety, health, and general well-being of the public; B. Advise and assist the County staff and the BCC toward developing the purpose, intent, and criteria of all County ordinances, policies, programs, and other initiatives dealing with natural resources; C. Provide written and oral reports directly to the BCC regarding recommendations on matters dealing with the protection of natural resources; and D. Review and recommend stipulations addressing the preservation, conservation, protection, management, and beneficial use of the County's physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and/or plans for selected development orders, including, but not limited to, rezones,developments of regional impact, provisional uses, subdivision master plans, and planned unit development amendments that are directed to the EAC by County staff, the BCC, or the provisions of this LDC. 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: A. Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County; B. Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs; C. Advise the BCC in developing and revising, as appropriate, local rules, ordinances, regulations, programs, and other initiatives addressing the use, conservation, and preservation of the County's natural resources; D. Advise the BCC in the implementation and development of the GMP regarding environmental and natural resource issues; http://libraryl.municode.com/newords/DocView/13992/1/51/57 9/19/2007 8.Q6.00 ENVIRONMENTAL ADVISORY COUNCIL Page 3 of 4 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC. (Ord. No. 04-72, § 3.W; Ord. No. 05-27, § 3.00) 8.06.04 Membership A. Appointment. Nine (9) members of the EAC shall be appointed by, and serve at the pleasure of, the BCC. Appointment to the EAC shall be by resolution of the BCC and shall set forth the date of appointment and the term of office. Each appointment or reappointment shall be for a term of four (4) years. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one (1) year. B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of six (6) technical members and three (3) non- technical members. Technical members shall demonstrate evidence of expertise in one(1) or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste , hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste, stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCC. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCC. E. Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers' terms shall be for one (1) year, with eligibility for reelection. The chairman and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAC in October of each year. The chairman shall preside at all meetings of the EAC. The vice-chairman shall perform the duties of the chairman in the absence or incapacity of the chairman. In case of removal, resignation,or death of the chairman, the vice-chairman shall perform such duties as are imposed on the chairman until such time as the EAC shall elect a new chairman. Should the offices of chairman and or vice-chairman become vacant, the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. 8.06.05 Quorum and Voting A simple majority of the appointed members of the EAC shall constitute a quorum for the purpose of conducting business. An affirmative vote of five (5) or more members shall be necessary in order to take official action, regardless of whether five (5) or more members of the EAC are present at a meeting. 8.06.06 Rules of Procedure http://libraryl.municode.com/newords/DocView/13992/1/51/57 9/19/2007 Watershed Management Plans Prioritization Discussion GMP Provisions The 2006 Evaluation and Appraisal Report Growth Management Plan(GMP) amendments set the timeline and give some guidelines for development of the plans. A prioritization of plans is to be completed by January 2008 and the plans are to be completed by 2010. Included in the prioritization process will be an evaluation of areas for which Watershed Management Plans (WMP) are not necessary based on current or past watershed management planning efforts. The prioritization is to be based on where the development growth potential is the greatest, and will impact the greatest amount of wetlands and listed species habitat. The schedule and priorities shall also be coordinated with the Federal and State agency plans that address Total Maximum Daily Loads (TMDLs). The WMP will be developed utilizing stake holder groups for input and discussion. The Environmental Advisory Committee (EAC) will serve as the primary public committee for recommendations to the Board of County Commissioners. Stakeholder comments will be summarized to the EAC. There will be a presentation of the GIS analysis to the Stakeholder groups September 27, 2006. The schedule for the EAC Prioritization recommendation is: o Review and discuss GIS analysis of basins October 3, 2006; o Recommendation to Prioritize Basins November 7, 2006. GIS Analysis for Prioritization The watershed basin boundaries developed by SFWMD BCB and Collier County Stormwater Department are also now utilized by the FDEP for the TMDL assessment (Figure 1). These will also be used to evaluate growth potential,wetlands, and listed species habitat. I utilized the most recent data available for this analysis however, most of this data is at least 5 years old. I will include a discussion of the data limitations with each section. Each basin was ranked for each parameter considered. After all of the analysis was completed an average ranking was calculated. Growth Potential The analysis of growth potential utilized the Collier County Property Appraisers GIS data for buildings and parcels. The combined acreage of undeveloped private parcels were used as the measure of"Growth Potential". The building data is from January 2006 making this the most current data layer. Parcels without buildings were selected and then the county, state, federal, and private conservation lands were removed. Because of future development potential agricultural lands with buildings on parcels greater than 40 acres were added back(Figure 2). Undeveloped private parcels within the conservation lands were not removed. The percent of the basin that is undeveloped was calculated and the basins were ranked by descending percentage. That is the basin with the highest percentage undeveloped land was ranked 1 (Table 1). There are portions of the Rural Fringe and the Rural Lands that have incentive programs to transfer development from • environmentally sensitive areas to less sensitive areas. Undeveloped parcels within these areas are included unless they have already eliminated their development rights. Seven of the basins have more than 50 % developable land. Most of these are in the Immokalee area but the Gordon River Extension basin has 59%undeveloped parcels. Seven of the basins had 5 % or less developable land. Marco Island is the only urban basin in this group. Wetlands The USFWS National Wetland Inventory(NWI) was utilized for the wetlands analysis. The data is derived from aerial photographic analysis and is suitable for planning analysis. (This data does not include impacts of lowered water tables from canals and wells and so it is not equivalent to state or federal jurisdictional wetlands). I also did not consider wetlands in existing conservation lands in this analysis since they are not directly impacted by development(Figure 3). The Lake Trafford basin was the only basin with greater than 50 %wetlands that are not in conservation. The basins in the large Conservation Land areas had low percentages of wetlands because most of their wetlands were not considered. Listed Species Habitat The Strategic Habitat data from the FFWCC Closing the Gaps in Florida's Wildlife Habitat Conservation System (1994) was utilized to identify listed species habitat. This data was developed to identify lands needed to support listed species in addition to the acquired conservation lands. It was updated by removing any lands that were identified as developed by the SFWMD 1995 Land Cover data or purchased by state or federal agencies for conservation purposes (Figure 4). Faka Union North is the only basin with greater than 50 % Strategic Habitat. TMDLs FDEP will be identifying basins that do not meet state standards for water quality. They will present a draft list at a meeting on the Everglades West Coast Basins September 25, 2007. I will have a draft figure of the impaired basins at the October 3, 2007 meeting so that we can include this in the ranking. Summary The total basin acreage,the acreages, percents, and ranks for growth potential, wetlands, and listed species habitat are listed by basin in Table 1. I calculated an average rank based on the rankings of the 3 parameters considered. The order of the basins in Table 1 is based on this average ranking. Additional data will be reviewed and evaluated prior to stakeholder and EAC presentations for comparison. 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CO Ni -a CD J -I 0) 0) 01 01 Ni Ni Ni 0 CO 03 03 -4 01 0l 01 CO Ni ca J J O O W W O W O J O J 'co W O W *co 'CO O J W W W J W CD [ J I Item V.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF October 3,2007 I. NAME OF PETITIONER/PROJECT Petition No.: PUDZ-2006-AR-10171 Petition Name: Brandon RPUD Applicant/Developer: Eastbourne Bonita, LLC Engineering Consultant: Johnson Engineering Environmental Consultant: Johnson Engineering II. LOCATION The subject property consist of 51.1 acres and is located on the southeast corner of the intersection of Livingston Road and Veterans Memorial Boulevard, Section rr. 13, Township 48 South, Range 25 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES The surrounding properties are mostly vacant but, there is a land use petition under review PUDZ-2006-AR-9577 Della Rosa RPUD that is schedule for CCPC on October 4, 2007 and BCC on November 13, 2007. The proposed Della Rosa RPUD is relying on the Residential In-fill provision of the Future Land Use Element for an additional (3) three units per acre to achieve a density of 7 units per acre. ZONING DESCRIPTION N- Rural Agricultural (A) and PUD Undeveloped and Mediterra PUD (single family homes) S - Rural Agricultural (A) and PUD Undeveloped and Royal Palm Academy PUD (multifamily) E - Rural Agricultural (A) and Special Treatment (ST) Overlay Zoning District Undeveloped and FPL Easement W -Rural Agricultural (A) Livingston Road and Undeveloped EAC Meeting Page 2 of 9 IV. PROJECT DESCRIPTION The rezone request is for a rezone from the Agricultural (A) and Special Treatment (ST) Overlay Zoning District to the Residential Planned Unit Development (RPUD) Zoning District for project known as Brandon RPUD with a proposed density of 3.99 dwelling units per acre, for the development of 204 single-family and multi-family residential units. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element 1. Relationship of proposed development to the Future Land Use Map and the Growth Management Plan a) Future Land Use Element Policy 5.4. This project was reviewed within the context of Policy 5.4 which states: "New developments shall be compatible with, and complementary to, the surrounding land uses, subject to meeting the compatibility criteria of the Land Development Code". The Comprehensive Planning Department Staff defers to Zoning and Land Development regarding compatibility to surrounding areas. b) Density. The subject property is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of up to four (4) residential units per gross acre and recreation and open space uses. The proposed Brandon PUD project includes a maximum of 204 residential dwelling units, of varying types as described in the application and the PUD document, on 51.1 acres of land. The overall density is proposed not to exceed 4.0 dwelling units per acre. The proposed development includes residential land uses, lakes, preserves, and street right of way with sidewalks. In summary, staff finds the proposed development compatible with the surrounding developments. c) Compliance with Objective 7 and Policies Regarding Smart Growth (interconnections, loop road, sidewalks/trails, etc.). Staff notes the following: 1. The adjoining land to the east of the subject site is between the subject site and the FPL easement, and no proposed interconnections with this adjoining tract(s) of land are proposed in the Brandon RPUD Master Plan. This RPUD will be found consistent with the Growth Management Plan if the • EAC Meeting Page 3 of 9 RPUD Master Plan is modified to show that future interconnections from the subject development will be available to the tract(s) of land to the east. 2. The adjoining land to the west of the subject site will be provided with access from both Livingston Road and from Veterans Memorial Blvd. This RPUD will be found consistent with the Growth Management Plan conditioned upon the RPUD Master Plan being modified to show a pedestrian connection from the approximate center point of the project so that there can be a future pedestrian interconnection between the Brandon PUD and the development(s) that occur to the west. 2. Transportation Concurrency Management Area. The proposed project is within the Northwest Transportation Concurrency Management Area as identified within the Transportation Element of the Growth Management Plan. However, no density bonuses are being requested. Comprehensive Planning department defers the determination of traffic concurrency to the Transportation Planning Department Staff. Comprehensive Planning Department finds the proposed PUD Document consistent with the Growth Management Plan if the stipulations provided in the bold printed notations above are complied with. Conservation & Coastal Management Element Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards." To accomplish that, Policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge)to the estuarine system. This project is consistent with the objectives of Policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected retention and detention areas to provide water quality retention and peak flow attenuation during storm events prior to discharging into a wetland preserve. • EAC Meeting Page 4 of 9 n Goal 6 states, "The County shall identify, protect, conserve and appropriately use its native vegetative communities and wildlife habitat." Objective 6.1 states, "The County shall protect native vegetative communities through the application of minimum preservation requirements." Residential and Mixed Use Developments are required to preserve 25% of native vegetation onsite. The proposed project contains approximately 47.2 acres of vegetative communities that contain less than 75% invasive exotics. Collier County therefore requires a minimum of 11.8 acres of native vegetation preservation be retained on the Brandon RPUD site. This will be met through the single onsite preserve measuring 13.2 acres. The preserve includes approximately 11.6 acres of retained native vegetation and approximately 1.6 acres of restored habitat. As required by Policy 6.1.4, prohibited exotic vegetation will be removed from the entire development during construction and will be maintained exotic-free in perpetuity. Policy 6.1.1 (5) b. of the Growth Management Plan allows stormwater in preserves under the following condition: Receipt of treated stormwater discharge where such use, including conveyance, treatment and discharge structures, does not result in adverse impacts on the naturally occurring, native vegetation, to include the loss of the minimum required vegetation and the harm to any listed species according to the policies associated with Objective 7.1, as determined by criteria set forth in the land development regulations. Discharge to preserves having wetlands requires treatment that will meet water quality standards as set forth in Chapter, 62-302 F.A.C. and will conform to the water quality criteria requirements set forth by the South Florida Water Management District. Discharge into the wetland is consistent and anticipated to provide a benefit by hydrating the wetland. The 13.2 acre preserve consists entirely of hydric soils with 11.2 acres being jurisdictional wetlands. Because 85% of the preserve is jurisdictional wetland, the entire preserve consists of hydric soil, water being discharged into the preserve is pretreated and is expected to rehydrate the wetland, staff finds there will be no adverse impacts. Specific amounts of discharge into the preserve will be evaluated at the next development order. Littoral shelf planting areas (LSPA) within wet detention ponds required by Policy 6.1.7 will be required at the time of SDP/Construction plan approval. Policy 6.2.1 and 6.2.2 states, "The County shall protect and conserve wetlands and the natural functions of wetlands and verified by jurisdictional field delineation." The wetland jurisdictional determination has not been verified by SFWMD staff at this time. Limits of jurisdiction will be verified during the ERP process. • EAC Meeting Page 5 of 9 Policy 6.2.4 states, "Within the Urban Designated area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency." The Brandon RPUD will be required to obtain an ERP from the South Florida Water Management District and a Federal Dredge and Fill permit from the US Army Corps of Engineers. Wetland limits, preserves, and mitigation will be determined through those processes and incorporated into the project design. Policy 6.2.6 states, "Within the Urban Designation and the Rural Fringe Mixed Use District, [required] wetland preservation, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan." In accordance with Policy 6.2.6, required preservation areas are identified on the site plan. Allowable uses within the preserve areas are included in the preserve agreement that is part of the construction plans. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Policy 7.1.2 states, "Within areas of Collier County, excluding the lands contained in the RLSA Overlay, nonagricultural development, excluding individual single family residences, shall be directed away from listed species and their habitats by complying with the guidelines and standards." A Protected Species Survey has been completed for the site and a proposed management plan for the Big Cypress fox squirrel is provided as Exhibit M of the EIS. VI. MAJOR ISSUES: A. Stormwater Management Brandon RPUD will be reviewed and the permitting for the project will be done through the SFWMD Environmental Resource Permitting procedure. The applicant has had a preapplication meeting with SFWMD but has not yet submitted to SFWMD for a permit because the project is only in the rezone stage. Section 8.06.03 0.2. of the Collier County Land Development Code states "The surface water management aspects of any petition,that is or will be reviewed and permitted by South Florida Water Management District(SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged into Preserves as allowed in Section 3.05.07." EAC Meeting Page 6 of 9 This project is situated at the east side of the Imperial River Outlet Basin. The allowable discharge rate within that basin is 0.15 cfs per acre for 51.1 acres which yields an allowable total discharge of 7.67 cfs. The project has two basins, with the northernmost basin having two lakes which are 1.49 acres and 2.97 acres connected in series by a 48" diameter pipe. The maximum discharge rates from the two basins are 4.61 cfs from the northern basin and 3.05 cfs from the south basin for a total of 7.65 cfs. The southern basin has one lake connected directly to the wetland. The lake systems discharge toward the south into the preserve. Since stormwater is discharged into the preserve,the project is subject to EAC review of its surface water management aspects. On-site water management will be done with collection pipes and swales to direct the stormwater into the lakes for treatment and attenuation prior to discharge. The water management system will include discharge facilities into the northern and southern portion of the wetlands in order to hydrate and maintain regional flow characteristics. The water management system will be isolated from these wetlands so that only controlled discharges from the structures will be allowed into the wetlands. B. Environmental 1. Site Description: The applicant has observed that much of the Brandon site is comprised of wetland communities,totaling 39.7 acres (77.6%of the site). These wetland communities consist of several low-quality systems with the majority containing between 51-75% invasive exotics. The wetlands appear to have been severed and isolated by surrounding roadways and adjacent developments. These disturbances have likely resulted in altered sheet flow and reduced hydro period. 2. Wetlands Subject to agency verification,the Brandon site contains approximately 39.7 acres of SFWMD/Collier County jurisdictional wetlands (Exhibit C of EIS). The wetlands found on the site can be characterized as low-quality, with the majority of them containing between 51-75% invasive exotics. Wetland acreage for the site and a description of the wetland FLUCFCS types can be found in Table 3 of the EIS. The wetland jurisdictional determination will be verified during the Environmental Resource Permit(ERP)process. However, preliminary UMAM scores have been included to aid in preserve design(Exhibit 0 UMAM Impact Map and Exhibit P UMAM Scores). Please note that these scores have not been verified by the SFWMD and may change during permitting. The proposed site plan directly impacts 28.4 acres (71.5%) of onsite wetlands (Exhibit J, Wetland Impact Map) and preserves 11.2 EAC Meeting Page 7 of 9 acres(28.2%) of wetlands and 2.0 acres of uplands for a total of 13.2 acres of onsite preserves(Exhibit K, Preserves Map). 3. Preservation Requirements The property lies within the Urban Residential Sub district of the Collier County Future Land Use Map. Since the subject property is equal to or greater than 20 acres, a minimum of 25 percent of the native vegetation is to be preserved. A total of 47.2 acres of native vegetation habitat are found on the subject site, as outlined in Table 2 of the EIS. Therefore the minimum preserve requirement is 11.8 acres (47.2 X 0.25 = 11.8 acres). The proposed site plan provides approximately 13.2 acres of onsite preserve. The preserve is comprised of 11.6 acres of existing native vegetation and 1.6 acres that will require replanting after exotic removal to meet the native vegetation requirement(Exhibit K). In an effort to create one contiguous preserve and include those areas within the ST Overlay,the 1.6 acres containing high level of exotics was included in the preserve area. 4. Listed Species: A listed species survey was conducted by Johnson Engineering ecologists on May 19, 2006. Three (3) nest structures were observed that could potentially be Big Cypress fox squirrel nests. The location of these nests are illustrated on the FLUCFCS map within the Protected Species Survey(Exhibit L of EIS). The Big Cypress fox squirrel is listed by FWC as Threatened. A management plan has been prepared for the Big Cypress fox squirrel because there is a potential for them to occur on the property. The management plan has been reviewed and approved by Collier County. No other signs of potential protected species utilization were identified during field work done by the environmental consultant. Due to the high levels of invasive exotics in most habitat types,the site does not provide optimal habitat for most listed species. VII. RECOMMENDATIONS: Staff recommends approval of Brandon RPUD. EAC Meeting Page 8 of 9 PREPARED BY: l17sc-n 07 STAN CHRZANOW , P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT / obtl, 9//7/0 UM MER ARAQUE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WZL,2zy:___c_-525r7Z52-, - /7-�7 MELISSA ZONE. DATE PRINCIPAL PLANNER- DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 9 of 9 REVIFWED BY: /3a4.A.zta_. YJat-i,A61— 9-/s-o-2 BARBARA BURGESON DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT O5- 15o7 IAM D. LORE' , Jr., ':E DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR A El 77t -(a 7-- JEFF I'I H DATE ASSIST+ ,1T COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: 9/i0� • EPH K. SCHMITT DA E IMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES ADMINISTRATOR tfiW MEMORANDUM TO: Environmental Advisory Council FROM: David Weeks, AICP, Planning Manager Comprehensive Planning Department, CDES Division DATE: October 24, 2007 RE: Late Delivery For November 7, 2007 Meeting Your 11/7/07 agenda contains three Growth Management Plan amendment petitions proposed for Adoption(CPSP-2005-14, 15 and 16). Two of these, CPSP-2005-14 and 15, were previously reviewed by the EAC in February and March, 2007 at Transmittal r-• hearings. The staff reports for these three petitions will not be completed in time for regular delivery with the remainder of your meeting packet. Instead,they will be delivered as a separate packet no later than Monday, October 29 (either by U.S. mail or by courier service). Please accept my apologies for any inconvenience caused by the late delivery. Thank you. CC: Joseph K. Schmitt,Administrator,CDES Division Bill Lorenz,P.E.,Environmental Services Director Randy Cohen,AICP,Comprehensive Planning Director Nick Casalanguida,Transportation Planning Director Corby Schmidt,Principal Planner,Comprehensive Planning Department Summer Brown-Araque,Senior Environmental Specialist,Environmental Services Department Print Map , Page 1 of 2 Ehi b' at North Collier Regional park ,:. __, • F...,••;, ,„.i.,„...,:„ , f4'''' : �•+ Igo:a : & . -s` Tri`°54.....h #< f. 7?-:L,,- � .T _ 5 ', # -, Y < LLS em+ 'wAY'. _ rf"i .. s 'r t''''''''fifjfa .ate $., ' E_<..:s r NaffieS L :.,{t$a»mac it A3 R i - -. v�.._<'_` I • c1T a ' • MAP LEt EN blmel e-> .'c tp'�! S'C5+t73'.9 : of t.3 > : '�, 'q #+....I U r4.hY �,°� ��..- AeEohs S dbE3t u l z A erg 2007(2€EEYl 0. n 1 i rias 077 t corset- - city 2 ._ $' � �: r. ' if-Ali.4,.., 1, I • , l'fif'- --A- : '-': '...=°1\7,- kt. - ,.*' , 1. k.-.., t . - . •, ,„ l 5 �-:.,, - ,:•-----r� B 14116'4; ,-:-:.-•---- . ,, _,,. ,___,„- ____.•...,-,__ ,.4. . ,,,,f; • _ : , ......1•,;:.„,fc ... f,fk --'---,:.1:4'.!*"'''',1,-4:-*!'' ' - 6 . -g. } ,fS. 6 .Lt � t'7 f , � � i f { �;} fl' � ..� i fi _�$.i Z � z2�.jT � y'_ �:.'w »" ya"3 _ 4 tal+ex Cc-un"frs: t1Mg�a,s 'td aF �� .r : *�- ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://maps.collierappraiser.com/webmap/mapprint.aspx?title=North%20Collier%20Regi... 10/17/2007 MEMORANDUM TO: EAC MEMBERS FROM: WILLIAM D.LORENZ,P.E.,DIRECT R COLLIER COUNTY ENGINEERING AND ENVIRONMENTAL SERVICES SUBJECT: TEMPORARY ORV SITE DATE: 10/24/2007 CC: BARBARA BURGESON,SUSAN MASON,JEFF WRIGHT This conceptual site plan for the proposed ORV Park is being submitted to the EAC for their review and comment. On July 24, 2007, the Board of County Commissioners approved the temporary use of this site for an ORV Park. The EAC package includes pertinent environmental data and information related to the site and its proposed operations. Because of the unconventional nature of this project and review process, the applicant is providing this -- information to the EAC to seek the EAC's recommendations on how to minimize environmental impacts from the proposed operation of the ORV park on this site. The applicant will present the information to the EAC. Staff will be available to answer questions from the EAC at the meeting. US Fish and Wildlife South Florida Ecological Services Office Draft April 20, 2004 Species Conservation Guidelines Audubon's Crested Caracara (Partial excerpt) Management Zones In evaluating project impacts to the caracara in south Florida, the Service defines a primary zone as 300 m (985 ft), and a secondary zone as 1,500 m (4,920 ft) outward from the nest tree. Protection of the primary zone is very important particularly during the nesting season, and must be maintained in order to provide conditions for successful reproduction. Impacts during the active nesting period can be avoided by timing of activities near the nest site. Primary Zone Conservation measures that help reduce the impact of a project on the caracara and that are compatible with caracara survival are as follows: Non-nesting Season (May to October) o Maintain nest tree and other trees in the zone. This should include dead trees that are often used for perching and roosting. The nest and the nest tree are protected year-round by both Federal and State law and removal or other means of physical damage is prohibited. o Maintain ground vegetation to provide cover for fledglings as they learn to fly. Maintain pasture, grassland, and wetlands that are necessary for caracara foraging. Typical land management practices, such as, cattle grazing, burning, and mowing are allowed during the non-nesting season. Man-made wetlands, such as, ditches and canals, are important feeding sites and also should be maintained. New construction that will increase the level of disturbance may adversely affect caracaras. o Avoid use of chemicals toxic to wildlife, including pesticides, fertilizers, or herbicides. o Nesting Season (November to April) Caracaras are most sensitive to disturbance during nest building, incubation, and early nestling stages (first 3 to 4 weeks). There are additional conservation measures during this time to minimize impacts to the caracara. o Normal agricultural activities should be limited during this season. Once the nestlings fledge normal activities can resume. o In general, human activities in this zone should be limited including low flyovers by aircraft. Secondary Zone -The secondary zone encompasses an area extending outward from the end of the primary zone (300 m (984 ft)from the nest) to 1,500 m (4,920 ft). This zone is generally defined as the foraging territory in which the nest site is located. This secondary zone is used by caracaras for the collection of nest material, roosting, and measures, then the project is not likely to adversely affect the caracara and concurrence of this determination may be requested from the Service. On-site Habitat Enhancement For projects that propose modification to habitat in the primary or secondary zones, the Service would normally require formal consultation. But if surveys indicate that the habitat quality has degraded as a result of exotic species invasion, lack of fire, or other anthropogenic actions, then on-site habitat enhancement may be possible to offset loss of function that would result from project impacts. If the habitat modification is small, and on-site habitat enhancements are proposed to improve habitat quality in the remainder of the zones, then a determination could be made that the project is not likely to adversely affect the caracara. Proposed modifications and enhancements should be incorporated in a caracara management plan. This plan also needs a monitoring program to document the success of the enhancement actions. South Florida Ecological Services DRAFT April 20, 2004 SURVEY PROTOCOL FOR FINDING CARACARA NESTS (Partial excerpt) This supplemental information is provided for further guidance on surveying for caracara nest based on the protocol in Morrison (2001). There is the highest probability of success in finding caracara nests during the period January to April. This period covers the time when most birds are feeding the nestlings and become more visible to observers. Surveys should start in January and continue through April to provide adequate data to conclude that a caracara nest does not occur on site. Once all nests on the site are found the survey can be terminated. Surveys should be conducted by a biologist with caracara experience as the birds can be hard to find and identify at long distances. The protective area for the caracara is 1,500 m (4,920 ft) around the nest. The area surveyed should include the project area and a 1,500-m buffer to account for offsite territories that might overlap onto the project area. All areas of suitable habitat within the project area and buffer should be initially surveyed for 1 day. If the area is large or the view obstructed more than 1 day or multiple observers may be needed to completely survey the area. The observer should position themselves in a location where the largest open area(unobstructed by trees) can be viewed. The survey area should be no more than about 500 ha, which is the largest area easily observable from one point. An aerial photograph of the property and buffer zone can be used to identify areas of suitable habitat and map observation blocks to facilitate surveying the whole area. Use the map and a site visit to select strategic points where caracaras are more likely to be seen going to and from potential nesting sites. From a stationary position search for caracara activity, especially birds moving to the nest tree carrying sticks or food. Watch for other birds, such as American crows (Corvus brachyrhynchos), red-tailed hawks (Buteo jamaicensis), and turkey vultures (Cathertes aura), that might elicit an aggressive response from caracaras present. Nesting caracaras will often chase potential predators away from the nest; thus, revealing their presence. LegendIJDM -13.8-14 - _ }. • -13.1-135 ': - �3 ,w 12.8-13 a `. ' 11.6-12 :r .. _ 111.1-115 f k [(-'-1/0.6-11 _ . _ 1110.1-10 2 � !� .. EJ 9.6.10 '_ -9.1-95 f 10D-9 1 'ALL VALUES NAVE 7 ill- y _ • ; ,0# illri 1 ,, ii LEARNING LN 7—...."- PPVA'n ' , ' 11111111111k . f ti 3 Ital J W U C \,_,,, ill 1 . , , ...., ,, ,. ,....., _ ri C ,T u. r i"--'11A.r Cele 4 ` s r -. k- _.L._. �—_.. ' 1 ...i, 4 Legend , :: .••;:::::,,,- ---------------_______ • ...- --- ELEVATION R-1-1 13.6-14 L ]13.1-13.5 F-1 12.6-13 s5.t, I 112.1-12.5 I I . -. I 11.6-12 11.1-11 5 L___.]10.6-11 .,. 10.1-10.5 l r-----1 9.6-10 9.1-9.5 4 _-100-9 *ALL VALUES NAVD A • :....,_ .- .. .. .., *.: . c . allik 4 illan li Alai , 4 o .... 41 N, - .... rli# , ..., , ., .. 0 250 500 1,000 Feet I 1 i 1 I i 1 I I. CREATED SEEDER CADGIS DEPARTMENT F‘1 INOSE,STAKELIDARCREATIONSUsgacyrpud NIXO % ,.� Watershed Management Plans Prioritization Discussion for EAC Recommendation GMP Provisions The 2006 Evaluation and Appraisal Report Growth Management Plan(GMP) amendments set the timeline and give some guidelines for development of the plans. A prioritization of plans is to be completed by January 2008 and the plans are to be completed by 2010. Included in the prioritization process will be an evaluation of areas for which Watershed Management Plans (WMP) are not necessary based on current or past watershed management planning efforts. The prioritization is to be based on where the development growth potential is the greatest, and will impact the greatest amount of wetlands and listed species habitat. The schedule and priorities shall also be coordinated with the Federal and State agency plans that address Total Maximum Daily Loads (TMDLs). The WMP will be developed utilizing stake holder groups for input and discussion. The Environmental Advisory Committee (EAC) will serve as the primary public committee for recommendations to the Board of County Commissioners. Stakeholder comments will be summarized to the EAC. There will be a presentation of the GIS analysis to the Stakeholder groups September 27, 2006. The schedule for the EAC Prioritization recommendation is: o Review and discuss GIS analysis of basins October 3, 2006; o Recommendation to Prioritize Basins November 7, 2006. GIS Analysis for Prioritization The watershed basin boundaries developed by the FDEP for the TMDL assessment (Figure 1)will be used for the analysis. These basin boundaries differ slightly from those used by the SFWMD for the SWFFS and the County for the Floodplain Management plan. The differences will be resolved prior to any watershed modeling. The FDEP watersheds will be used to evaluate growth potential, wetlands, and listed species habitat. I utilized the most recent data available for this analysis however, most of this data is at least 5 years old. I will include a discussion of the data limitations with each section. Each watershed was ranked for each parameter considered. After all of the analysis was completed an average ranking was calculated. There are watersheds identified for the beaches and Gulf by FDEP. There is very little land within these areas so they typically rank low in the GIS analysis. Meetings with the stakeholders and the EAC in September and October resulted in some recommendations for the analysis. The GIS analysis will be developed by watershed . The Growth Potential analysis will include considerations for the Flowway Stewardship areas, allowable density of development units, and amount of intensive agriculture. The Listed Species factors use one of FFWCC more recent data sets. There will be additional analysis for a potential restoration area and a discussion of subjective factors. Growth Potential The analysis of growth potential utilized the Collier County Property Appraisers GIS data for buildings and parcels. The combined acreage of undeveloped private parcels were used as the measure of"Growth Potential". The building data is from January 2006 making this the most current data layer. Parcels without buildings were selected and then the county, state, federal, and private conservation lands and the Flowway Stewardship areas were removed. Because of future development potential agricultural lands with buildings on parcels greater than 40 acres were added back(Figure 2). Undeveloped private parcels within the conservation lands were not removed. Parcels within the Flowway Stewardship area were not added back because of the existing development restrictions. All of these parcels are within Collier County so the percent of the basin that is undeveloped within the county was calculated and the basins were ranked by descending percentage. That is the basin with the highest percentage undeveloped land was ranked 1 (Table 1). There are portions of the Rural Fringe and the Rural Lands that have incentive programs to transfer development from environmentally sensitive areas to less sensitive areas. Only one of the watersheds has greater than 50 % developable land. Six of the watersheds had 5 %or less developable land. To add a development unit density factor the Future Land Use allowable density was calculated for the undeveloped parcels. The number of units per watershed was calculated by multiplying the density by the acreage. For all densities greater than 4 units per acre a density of 6 units per acre was used because the areas are small and often would contain commercial or industrial areas as well. A rank was determined for the density based on the estimated potential units. To do analysis for the portions of the basins outside the county the South Florida Water Management Department (SFWMD) Land Cover data for 2000 was analyzed (Figure 3). All land covers except urban and transportation were considered. The ranking was based on the percent of the watershed that was identified. To discount the weight of intensive agriculture to this factor another parameter was developed for native habitat. The acreage for range, forest and wetland was calculated as a percent of the basin and ranked. The Growth Potential ranking was developed by averaging the un-developed parcel,potential development units, un-developed land cover, and native habitat rankings. The summary of the data and rankings are in Table 1. Wetlands The USFWS National Wetland Inventory(NWI) was utilized for the wetlands analysis. The data is derived from aerial photographic analysis and is suitable for planning analysis. (This data does not include impacts of lowered water tables from canals and wells and so it is not equivalent to state or federal jurisdictional wetlands). I also did not consider wetlands in the gulf, existing conservation lands or stewardship areas in this analysis since they are not directly impacted by development(Figure 4). The 1999 NWI data was not complete so I filled in the missing areas with the 1990 data. The only resulting data gaps were some small areas outside the county. The watershed acreage and rank are in Table 2. Listed Species Habitat The Species Richness model was developed by the FFWCC in 2000 to identify habitat value to 130 focal species. This data was utilized to identify listed species habitat(Figure 5. Land cover is ranked from 0 through 10 based on the number of species it is likely to support. The conservation and flowway stewardship areas were removed from consideration since they will not be developed. The average species richness was calculated for the watersheds and ranked (Table 2). Impaired Water Quality FDEP will be identifying basins that do not meet state standards for water quality. They have only released draft data at this time and the next update is not anticipated until November 22, 2007. The water quality impairment factor was developed by summing the number of basin impairments by watershed. Potential Restoration Hydric Flatwoods from the SWFFS pre-development vegetation and the current restoration projects were selected to represent potential restoration areas. The areas in conservation, stewardship, or current urban land cover were removed. The remaining acreage was summed by watershed in Table 2. Subjective Factors Most of the new developments will be subject to more restrictive habitat and water quality standards. 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