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EAC LDC Subcommittee Agenda 12/13/2007 EAC LDC Subcommittee December 13, 2007 9:30 a.m. Development Services Center Room 609 1. Review/Change to Agenda 2. Committee Discussion: Review draft LDC amendments 3. Public Comments 4. Review Revised Schedule of Meeting Dates 5. Adjournment In addition to the opportunity for the general public to speak during "Public Comments", any member of the general public will be allowed to speak on each Agenda item before the Committee takes any action or moves on to the next item of the Agenda. 1 EAC LDC Subcommittee December 13, 2007 9:30 a.m. Signup sheet Name E-mail address 5,-/f84/,:-/V Z /1/1'/ C/- S/? e'2' E (6)co///EY.9064 L 17))01 .0y 1--t. S Hje�, J-u.(1 1 us N cp0 kciL . -'l /c r 2 vlv c s�� e 4-1ulgn't CAP/ 1 U1 :I ea awn-it-Sin @ cvi(s m/7/-e-r. crr» A hdy t )oo ru-�� ghcf yw@ bQassa+-c.11c�►...ne-� P �� tys +@ Passu. AAA- (-64. p e ✓ C tro 016 S aAn.tv — C co cavi'e r v C4AA-C ^ . 7-1-N /7/171/0et 1.01& COfri �G C Ciln21 i n 2 I UZ vTlvYv-eS )6 C '�-1-G�en iIYlP S U-6 I Sex-srv)i I I�v-, c caw 1 0 n _H Y�vS �� l c3: Cc\ \\-- 1D1oC�n.C-z�. corn 1 EAC LDC Subcommittee Meeting Summary December 13, 2007 meeting 9:45a.m. until 12:15 noon Attendees: Judith Hushon, Richard Miller, Allyson Swanson, Alison Huber, Stephen Lenberger, Debbie Tyson, Tim Hancock, Lauren Barbes, Amber Crooks, Jackie Toemmes, Jennifer Hecker, Andy Woodruff Attendees discussed the following draft language for the LDC amendments. Draft language to be amended or researched, and comments provided by meeting attendees are included in yellow. 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 all naturally occurring strata including canopy, under-story and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e. For the purposes of native vegetation preservation, "native vegetation" is defined as a vegetative community having 25 percent or more canopy coverage or highest existing vegetative strata of native plant species. 2. Areas that fulfill the native vegetation retention standards and criteria of this Section shall be set aside as preserve areas, subject to the requirements of section 3.05.07 H. Single family residences are exempt from the requirements of section 3.05.07 H. 3. Preserve 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. Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; b. Onsite wetlands having an accepted WRAP score of 0.65 or a Uniform Wetland Mitigation Assessment Score of 0.7; c. Any upland habitat that serves as a buffer to a wetland area; d. Listed plant and animal species habitats; e. Xeric Scrub; f. Dune and Strand, Hardwood Hammocks; g. Dry Prairie, Pine Flatwoods; and h. All other upland habitats. Development Type Coastal High Hazard Non-Coastal High Hazard Existing native vegetation located contiguous to a natural 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. B. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on-site through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the ACSC where the ACSC standards referenced in the Future Land Use Element shall apply. This Section shall not apply to single-family dwelling units situated on individual lots or parcels. 1. Required preservation. Area Area Less than 2.5 10% Less than 5 acres 10% acres Residential and Mixed Use Equal to or o Equal to or greater o development greater than 25/° than 5 acres and less 15/o 2.5 acres than 20 acres Equal to or greater 25% than 20 acres Golf Course 35% 35% Less than 5 10% 10% Commercial and Industrial acres Less than 5 acres development and all other non- Equal to or ° o specified development types greater than 5 15% Equal to or greater 15/o than 5 acres acres Industrial development (Rural- 50%, not to exceed 50%, not to exceed 25% of Industrial District only) 25% of the project site the project site. 2. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: a. where the parcel is currently devoid of native vegetation and was legally cleared of native vegetation prior to January 1989; b. where the parcel cannot reasonably accommodate both the application of the native vegetation retention standards and the proposed uses allowed under this Code, subject to the criteria set forth in section 3.05.07(H)(1)(e). c. where the parcel was legally cleared and managed for agricultural purposes, and currently contains less than 25 percent coverage of native vegetation using (any combination of the existing strata including canopy, under- story and ground cover-delete). 25 percent canopy coverage or highest existing vegetative strata of native plant species.-add this language 72777 3. Offsite vegetation retention alternatives. A property owner may request (Should we require off site preservation for preserves which are failing or which have been created and are not functioning as preserves but as landscaping? No!) that all or a portion of the native vegetation preservation retention requirement be satisfied offsite if any of the following criteria are met. Xeric scrub and hardwood hammocks which are one acre or more in size, mangrove, coastal dune and strand environments, and native habitats known to be utilized by listed species or that serve as corridors for the movement of wildlife shall not be allowed to have the native vegetation preservation retention requirement provided offsite. Remaining portions of preserves left onsite must be a minimum of five acres in size.(-move to i) (Should we require that the entire preserve or isolated piece of preserve meeting this requirement be mitigated off site if the applicant chooses to satisfy the preservation requirement off site? If so, what minimum size would be needed if a piece of higher quality preserve were to remain?) a. The property or portion of the property which is zoned commercial or industrial. b. Essential services where the preservation of native vegetation is better suited offsite. c. Right of Way acquisitions for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the Right of Way acquisition area. d. Affordable housing projects with a BCC approved Affordable Housing Density Bonus Agreement and with 20 acres or less of native vegetation onsite. Up to 50 percent of the native vegetation preservation retention requirement may be satisfied offsite for that portion of the affordable housing project over the initial 20 acres of native vegetation onsite. (mixed and not all affordable) e. Preserves less than one acre in size. f. Isolated preserves with no connection to offsite major flowways, natural water bodies, estuaries, preserves, conservation acquisition areas or potential wildlife corridors, and where the native vegetation in all the existing strata within the preserve is either absent or in an irreversible (Need to define irreversible. Should we base it on a combination of UMAM/WRAP scores along with % coverage by native species? Delete irreversible!) state of decline with little chance of being restored or (and?) where previous restoration requirements have not been successful. —delete all of! q. Previously impacted preserves which do not meet the minimum width requirements for preserves pursuant to this section and where previous restoration requirements have not been successful. h. Created preserves where previous restoration requirements have not been successful or where preserves have not been maintained and planted in a manner which mimics a natural plant community. — delete ask staff for list of failing preserves Degraded preserves not located adjacent to major flowways, natural water bodies, estuaries, preserves (not meeting the offsite preservation criteria herein), conservation acquisition areas or potential wildlife corridors and where the majority of habitats are of extreme poor quality due to prior agricultural uses, land clearing, soil disturbance, drainage, etc., and where the native vegetation in all the existing strata within the preserve is either absent or in an irreversible state of decline with little chance of being restored.-delete Degraded areas (not located adjacent to major flowways, natural water bodies, estuaries, preserves (not meeting the offsite preservation criteria herein), conservation acquisition areas or potential wildlife corridors and where the majority of habitats are of extreme poor quality due to prior agricultural uses, land clearing, soil disturbance, drainage, etc., -add here)shall also include areas with less then 25 percent coverage of _ canopy and mid-story combined, and with non-native and/or weedy ruderal type vegetation dominating the groundcover and occupying at least 50 (75%?) percent of the area of the ground cover. Up to 20 acres of the native vegetation preservation retention requirement may be satisfied offsite if the preservation requirement is within the adjacent flowway, natural water body, estuary, preserve, conservation acquisition area or potential wildlife corridor. The identified wildlife corridor shall be supported through Technical Assistance from the applicable Federal and State wildlife agencies. Xeric scrub and hardwood hammocks which are one acre or more in size, mangrove, coastal dune and strand environments, and native habitats known to be utilized by listed species or that serve as corridors for the movement of wildlife shall not be allowed to have the native vegetation preservation retention requirement provided offsite. Remaining portions of preserves left onsite must be a minimum of five acres in size. Offsite retention of all or a portion of the native vegetation preservation retention requirement may be by monetary payment, or by land donation that contains native vegetation communities equal to or of higher priority as described in 3.05.07(A), than the land being impacted. Monetary payment shall be to Conservation Collier for the purchase and management of conservation lands within the County. The monetary payment shall be calculated based upon the appraised value of the land to be developed. The appraisal shall be based upon the value of land with the acquired zoning. Appraisals shall be made within six months of final site plan/construction plan submittal. Payment of 100 percent of this value, for land acquisition, and the percent maintenance costs as established by Conservation Collier shall be made prior to final site plan/construction plan approval. Applicants choosing to donate land shall be required to demonstrate that the land to be donated contains native vegetation communities equal to or of higher priority as described in 3.05.07(A), than the land being impacted. Land donated to satisfy the offsite vegetation preservation retention requirement must be located entirely within Collier County and must not be used as mitigation for any other Federal, State or County permit or approval. Payment for maintenance as established by Conservation Collier, shall be based on the appraised value of the land to be developed or that to be donated, whichever is greater, to ensure the native vegetation preserved is adequately managed in perpetuity. Payment for maintenance shall be made prior to final site plan/construction plan approval. Donations of land for preservation shall be made to a government or approved private entity established for the conservation and management of land in perpetuity. Approved private entities shall include the Conservancy of Southwest Florida-delete and National Audubon Society. Evidence that donations of land for preservation have been accepted by and donated to the government or private entity stated above shall be made prior to final site plan/construction plan approval. C. Specific standards for the RFMU district. For Lands within the RFMU district, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, in addition to the generally applicable standards and criteria set forth in 3.05.07 A. above: g. Preserve management plans. Preserve Management Plans shall be required for all preserves one acre or more in size, where listed or protected species are utilizing the preserves, or where special management considerations are needed to maintain the habitat. The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and function as proposed. A Preserve Management Plan shall be included on the approved site plans and shall include the following elements . Criteria i and ii below are required for all preserves whether a management plan for the preserve has been approved or not. Preserve management plans shall be required where existing preserves are not properly managed and where previously approved preserve management plans do not adequately address management of the preserve. General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. ii. Exotic vegetation Removal, Non-native vegetation, and Nuisance or Invasive Plant Control. eExotic vegetation removal and maintenance plans shall require that Category I Exotics be removed from all preserves. All exotics ,.,ithin the first 75 feet of the outer edge of every prccervc All exotic vegetation (if cut) shall be physically removed from all preserves, or the tree (vegetation, 4" dbh?) cut down to grade and the stump treated. Exotics within the interior of the preserve and not visible from the outer edge of the preserve (75', applicable to TDR properties?) may be approved to be treated in place if it is determined that physical removal might cause more damage to the native vegetation in the preserve. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by pfehibited exotic vegetation of the site in perpetuity. Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. - Manager shall be identified as the responsible party being—sowed wit. Tie individual's name, Preserve Management Plan. The same information parties will be responsible until such time that the homeowners association takes over the management of the preserve. At that time, the provide the homeowner association information and manager shall be responsible for annuaE maintenance of the preserve, in perpetuity. At a Designation of a Preserve Manager. A Preserve Manager shall be responsible for providing the developer/property owner with technical assistance regarding management needs for the preserve and compliance with the Preserve Management Plan. At a minimum the Preserve Manager shall have the same qualifications as are required for the author of an EIS, as set forth in section 10.02.02 A.3. The individual's names, address and phone number shall be listed on the Preserve Management Plan. The same information shall be provided regarding the developer/property owner. The developer shall be responsible until such time that the homeowners' association takes over the management of the preserve. At that time, the homeowners' association shall notify the County Manager or designee in writing to provide the homeowners' association information and information regarding the person hired by the association to manage the preserve. The homeowners' association shall be responsible for maintenance of the preserve in accordance with the preserve management plan, in perpetuity. iv. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with section 3.04.00. Where site conditions require prescribed burns, a fire management plan will be developed and implemented. State and federal management plans consistent with the requirements of the LDC will be accepted. v. Habitat Management. Habitats requiring land management practices to suppress or control fire, or to maintain species diversity within the preserve, must be included as part of the preserve management plan. Where controlled fire is not an option, habitat management plans shall include removal of large accumulations of dead vegetation and periodic thinning of vegetation, as appropriate for the habitat type. Habitat management plans shall be consistent with approved wildlife management plans. vi. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.05.04. vii. Stormwater Monitoring. A monitoring program shall be implemented to insure receipt of treated stormwater into preserves does not result in adverse impacts to native vegetation or any listed species within the preserves. Problems resulting from treated stormwater within preserves shall be brought to the attention of the County Manager or designee. viii. Inspections and Monitoring. Inspections of the preserve by the Preserve Manager shall be implemented on a yearly basis at a minimum or more frequently when required to insure the preserve functions as intended. Monitoring reports in accordance with required inspections of the preserve by the Preserve Manager shall be kept on file by the Preserve Manager and made available to Collier County upon request. The County Manager or designee shall be notified immediately of any major problems or noncompliance issues associated with the preserve. ix. A preserve site plan with FLUCFCS Codes for each of the habitat types within the preserve must be included as part of the preserve management plan. The location of pathways and other approved uses within the preserve must be included on the site plan.