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EAC LDC Subcommittee Agenda 11/27/2007 EAC LDC Subcommittee November 27, 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. Setting Next Meeting Date(s) 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 November 27, 2007 9:30 a.m. Signup sheet Name E-mail address S1-c,1//// Li 4/f 1--/e Steve(en 1Cl/f Efr �C'o//irryays?eF JO Pt/ Pits llets c /-1A2coC 7. 04-01>i , iq c L.a u rnn M c eu 11 ock► cep @ c o r seti-vconcy o � rol ��//e r vy4A C ivs e_7-• co„,_ Ddob' Tsvn de, ora'A/4ozi�a,?/k nd- Ca 1 Sun SI/v 4t,o_san C, u-i/ 6444 8Gv.Gfr,-, ✓ Lnh �CO ‘no—n1 v<«\\ - !'c ss©c i okeS . cc_)rv1 m6-e..{ me, )6.5 OlwA-ber-c C crY ky vaivtc•I_ . al- ki5 -`tA\ k I 64.\0e r( all roc .Le),(1'l t) o,ck'Ie )4:Act I ter. cc,'�1 Ackort 1-011 h,Aex rolig e C 0A-Y( n'e P �v�co� � �c esa(LA s is•c.0 EAC LDC Subcommittee Meeting Summary November 27, 2007 meeting 9:30a.m. until 12:00 noon Attendees: Judith Hushon, Richard Miller, Barbara Burgeson, Allyson Swanson, Alison Huber, Stephen Lenberger, Brian H. MacKenzie, Debbie Tyson, Tim Hancock, Marco Espinar, Lauren McCulloch, Lauren Barbes, Amber Crooks, Jackie Toemmes, Valerie Pike Attendees discussed the following draft language for the LDC amendments. Comments provided by meeting attendees and draft language to be amended, included in yellow. 3.05.07 LDC H. Preserve standards. 1. Design standards. * * * * * * * * * * d. Protective covenants. Preserve areas shall be identified as platted right of way. No individual residential or commercial lot, parcel lines, or other ccements such as utility or access easements, may project into a Preserve. All required casements or tracts for preserves shall be responsibility for maintenance or to a property owners' association or similar entity with maintenance responsibilities. The protective covenants for the tract or easement shall establish the permitted uses for said nonexclusive easement or tract in favor of the County, without any maintenance obligation, shall be provided for all preserves on the preliminary and final subdivision plats and all final development order site plans. The boundaries of all preserve easements shall be dimensioned on the final subdivision plat. d. Protective covenants. All preserve areas shall be designated as preserves on all site plans. Preserves requiring preserve management plans pursuant to this section shall include on the site plans, as part of the preserve management plan, protective covenants establishing uses and limitations to protect the preserve. Projects that are platted shall have all their preserves platted as preserves 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. Preserves that are platted shall be identified as separate tracts or easements, with access to them from a platted right-of-way. No individual residential or commercial lot, parcel lines, or other easements such as utility or access easements, may project into a Preserve. All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance and to a property owners' association or similar entity with maintenance responsibilities. The protective covenants for the tract or easement shall establish the permitted uses for said easement(s) and/or tracts on the preliminary and final subdivision plat. A nonexclusive easement or tract in favor of the County, without any maintenance obligation, shall be provided for all preserves on the preliminary and final subdivision plats. The boundaries of all preserve easements shall be dimensioned on the preliminary and final subdivision plat. h. Allowable uses within preserve areas. Passive recreational allowed within the preserve areas, as long as any clearing minimum required vegetation. For the purpose of this section, passive recreational—uses are those uses that would allow limited access to the preserve in a manner that e any negative impacts to the preserve, such Fences may be utilized outside of the preserves to provide protection in the preserves in accordance with the protected species section 3.04.01 D.1.c. Fences and wall& are not permitted within the preserve area. h. Allowable uses within preserves. Passive recreational uses are allowed within preserves, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. These uses would allow limited access to the preserve, in a manner that will not cause any negative impacts to the preserve. Fences may be utilized outside of the preserves to provide protection for listed or protected species in accordance with 3.04.01 D•t.c. Fences and walls are prohibited within preserves. i. The following passive recreational uses are allowed within preserves. a. Pervious nature trails and boardwalks, subject to the following criteria: Pathways shall be limited to only those necessary to provide access to the different types of habitats and natural features within the preserve. Limited in number only to provide Pathways shall be kept to a minimum width necessary for accessibility. Pathways shall not interfere with any listed species using or present within the preserve. The use of pathways within preserves shall be supported through Technical Assistance from the applicable Federal and State wildlife agencies. b. Shelters for protection from weather c. Preserve mitigation areas d. Educational signage and kiosks e. Benches for seating f. Viewing platforms and towers g. Impervious nature trails for non-motorized bicycles and wheelchair accessibility, subject to the following criteria: Pathways shall be limited to only those necessary to provide access to the different types of habitats and natural features within the preserve. Pathways shall be kept to a minimum width necessary for accessibility. 4 feet Minimum widths for preserves must be maintained on either side of the pathway. Minimum of 20 feet for a short distance Pathways shall not interfere with any listed species using or present within the preserve. Where applicable the use of pathways within preserves shall be supported through Technical Assistance from the applicable Federal and/or State wildlife agencies. Pathways must be consistent with agency required management plans and preserve management plans. Control access to prevent motorized vehicles and golf carts. Posts! Encourage paths on edge of preserve. Concrete pathway at natural grade Uplands only ADA requirements Pervious recommended h. Conservation and related open space activities and uses comparable in nature with the forgoing uses. H. Preserve standards. 1. Design standards. a. Identification. Native vegetation that is required to be preserved or mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a Preserve and shall be identified in the following manner: The Preserve shall be labeled as "Preserve" on all site plans. ii. If the development is a PUD, the Preserve shall be identified on the PUD Master Plan, if possible. If this is not possible, a minimum of 75% of the preserves shall be set-aside on the PUD Master Plan with the remaining 25% identified at the time of the next development order submittal. iii. The Preserve shall be identified at the time of the first development order submittal. b. Minimum dimensions. •- •• • • - - - - •- - --- - shall be: In order for preserves to function as intended and to minimize the effects other uses have on the edge of the preserve, the following minimum preserve dimensions shall apply. 4. twenty feet, for property less than ten acres. �i. an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. iii. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. Preserves shall have an (recommended?) average length to width of 3:1 or wider, with a minimum width of 50 feet at the narrowest point. Average width shall be measured as an average of three points taken from the widest point, narrowest point and the approximate width of the majority of the preserve. The above referenced measurements for determining average preserve width shall be taken every 100 feet for preserves greater than 500 feet in length. Based on size of preserve Should fall back on preserve selection criteria Golf course acts a buffer but chemicals a concern Exception for higher quality habitats State minimum linear foot wide preserve instead 20 foot minimum, 50 foot average for small (5 acre) preserves. 5:1 for larger preserves? Average widths for larger preserves. (???) Bruce Layman & Tim Hall may provide input Variance language?Appeal procedures ii. The minimum width of preserves shall be 100 feet. (for preserves greater than 5 acres?) The following exceptions shall apply. (a.) If the existing native vegetation does not meet the minimum dimensions, then the preserve may be reduced to not less than the width of the existing vegetation or part thereof required to be preserved. (b.) If the native vegetation is located adjacent to major flowways, natural water bodies, estuaries, preserves, conservation acquisition areas or potential wildlife corridors, then the width of the preserve may be reduced to a minimum of 20 feet. The design of a preserve used for a wildlife corridor shall be supported through Technical Assistance from the applicable Federal and State wildlife agencies. c. Protection of wetland hydroperiods. Drawdowns or diversion of the ground water table shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001. d. Protective covenants. Preserve areas shall be identified as separate tracts or easements, with access to them from a platted right-of-way. No individual residential or commercial lot, parcel lines, or other easements such as utility or access easements, may project into a Preserve. All required easements or tracts for preserves shall be dedicated to the County without placing on the County the responsibility for maintenance or to a property owners' association or similar entity with maintenance responsibilities. The protective covenants for the tract or easement shall establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat. A nonexclusive easement or tract in favor of the County, without any maintenance obligation, shall be provided for all preserves on the preliminary and final subdivision plats and all final development order site plans. The boundaries of all preserve easements shall be dimensioned on the final subdivision plat. e. Created preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. Applicability. Criteria for allowing created preserves include: (a) Where site elevations or conditions requires placement of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by improvements cannot be relocated as to protect the existing native vegetation; Where Code requirements require site improvements to be located in areas of existing vegetation identified for preservation. (c) Where native preservation requirements plan shall re create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly rc create the lost mature vegetation. These areas shall be identified as created preserves. (c) Affordable housing protects with a BCC approved Affordable Housing Density Bonus Agreement, where site constraints and height restrictions limit the number of units to less than that allowed by the approved Affordable Housing Density Bonus Agreement. (d) When a State or Federal nem mandated preserves requires creation of native habitat on site. The created preserve acreage may fulfill all or part of the native vegetation requirement when preserves arc planted with all three strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. (e) When small-isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small-isolated areas of 1/2 acre or lesspreserves may be planted with all three stratasing the criteria set forth in Created Preserves and shall be areas on site or contiguous to preserves on granted, regardless of the size of the project. (fe) When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State or County; preserves may be impacted and created elsewhere on site ii. Required Planting Criteria: (a) Where created preserves are approved, the landscape plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re- vegetation shall apply the standards of section 4.06.05 C. of this Code, and include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a seven foot crown spread and a dbh (diameter at breast height) of three inches. The spacing of the plants shall be as follows: twenty to thirty foot on center for trees with a small canopy (less than 30 ft. mature spread) and forty foot on center for trees with a large canopy (greater than 30 ft. mature spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity and where smaller size plant material is are better suited for re- establishment of the native plant community. Slash pine (Pinus elliottii) trees may be a minimum of six foot high at time of planting and must be planted a minimum of twenty foot on center. 60 percent survivability of planted slash pines is required within a two-year period following initial planting. (b) Approved created preserves may be used to recreate; not more than one acre of the required preserves. (1) not more than one acre of the required preserves if the property has less than twenty acres of .,ting native vegetation. required preserves if the property has equal to or greater than twenty existing native vegetation. {3) not more than 10% of the required preserves if the property has equa' to or greater than eighty acres of existing native vegetation. (c) The minimum dimensions shall apply as set forth in 3.05.07H.1.b. requested to be approved to fulfill the native r • all preserve setbacks. f. Allowable supplemental plantings. Supplemental native plantings in all three strata may be added to preserve areas where prior clearing or disturbance, or the removal of non-native and/or nuisance vegetation has created creates open areas with little or no native vegetation coverage. Areas defined as "native vegetation" pursuant to this section and required to be retained as preserve shall only be required to use plant material in accordance with the maximum sizes specified below. Plant material in these restoration areas shall meet the following minimum size criteria: one gallon ground covers, three gallon shrubs and six foot high trees. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity and where smaller size plants material is are better suited for re-establishment of the native plant community. Supplemental plantings shall be compatible with the soils and native habitats already present within the preserve and take into consideration the requirements of any listed or protected species using the site. Natural recruitment of native groundcovers may be used in areas where native groundcovers would be expected to regenerate on their own. If within a two-year period ground covers have not sufficiently regenerated, then supplemental planting with native ground covers shall be required. 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 preserve, or where preserves require special management considerations in order 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 include the following elements: 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 within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree cut down to grade and the stump treated. Exotics within the interior of the preserve 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 prohibited exotic vegetation of the site in perpetuity. Non-native vegetation and nuisance or invasive plants shall be removed from all Preserves. iii. Designation of a Preserve Manager. A Prccerve Manager shall be identified as the responsible party being complied with. The individual's name, shall be provided regarding the developer. Both homeowners association takes over the management of the preserve. At that time, the information regarding the person hired by the manager shall be responsible for annual maintenance of the preserve, in perpetuity. 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. 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 homeowner association information and information regarding the person hired by the association to manage the preserve. The homeowner's 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 special management considerations to suppress or control fire, and 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, and it shall be the responsibility of the property owner to correct the problem. viii. Inspections and Monitoring. Inspections of the preserve by the Preserve Manager shall be implemented on a yearly basis at 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 identified within the preserve. Pathways internal to the preserve must be shown on the PMP. 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. 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. 2. Exceptions. An exception from the vegetation retention standards above shall be granted in the following circumstances: Development Type Coastal High Hazard Non-Coastal High Hazard Area Area Less than 2.5 10% 10% Less than 5 acres acres Residential and Mixed Use Equal to or 25% Equal to or greater 15% development greater than than 5 acres and less 2.5 acres than 20 acres Equal to or greater 25% than 20 acres Golf Course 35% 35% Less than 5 10% 10% Less than 5 acres Commercial and Industrial acres development and all other non- Equal to or ° ° specified development types greater than 5 15% Equal to or greater 15/° than 5 acres acres 50%, not to exceed Industrial development(Rural- 25% of the project site 50%, not to exceed 25% of Industrial District only) the project site. 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. 3. Offsite vegetation retention alternatives. A property owner may request 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. a. The property or the portion of the property 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. 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 state of decline with little chance of being restored or where previous restoration requirements have not been successful. g. 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. 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. Degraded areas 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 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. 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 115 percent (100% for land acquisition and 15% for maintenance) based on maintenance costs established Conservation Collier of this value shall be made prior to final site plan/construction plan approval. Applicant's wishing 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. Payment of 15 percent of the appraised value of the land to be developed or that to be donated, whichever is greater, shall be required to ensure the native vegetation preserved is adequately managed in perpetuity. Payment shall be made prior to final site plan/construction plan approval. Donations of land for preservation shall be made to a government or private entity established for the conservation and management of land in perpetuity. 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.