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EAC LDC Subcommittee Agenda 01/10/2008 EAC LDC Subcommittee January 10, 2008 9:30 a.m. Development Services Center Room 609 1. Review/Change to Agenda 2. Committee Discussion: Presentation: A look at some existing preserves Review draft LDC amendments for: Offsite Preservation Standards Recreational Uses within preserves Preserve Management Plans 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 January 10, 2008 9:30 a.m. Signup sheet Name E-mail address .S'*(9)nl L%wFIQC g Etevelen t ei9Ncog eygov, 4el- _ {,g fimcOCt tigi t9 ff` ✓/�v1jiM SKr/7�_ COO 1 41/•??o A-5.12/"I°4/z- /11, CO a3po pii y t �u Mriec r.win c lV s C CS e \Ttuic k &Li 1 0 apt aim, ycJl f� Esse l/a . r›,1019-U. Tis 624)6 . 61;st)-(\ 1---kAbet cA.)ko wow /OM illtilleiv, Y-1 r c ' C c'Y1 S-€v-u cL4 l(1 , tL )A �wa r (1-- L) ICS Sv(et4;- Q f �x Sole -; Ah/CSk- CLZ__ , LGt if(9, @ TL)Cr�i - 55Oc,1'cxl-c. : Cern ZtrilY41• MAC AAA 11e c wig Z-AcoL 5 e.,) R-3-Ac:oLse e p 1 e s 3 c)v , EAC LDC Subcommittee Meeting Summary January 10,2008 meeting 9:30a.m. until 11:40a.m. Attendees: Judith Hushon, Richard Miller, Allyson Swanson, Alison Huber, Stephen Lenberger, Debbie Tyson, Tim Hancock, Lauren Barbes, Amber Crooks, Marco Espinar, Bruce Layman, Alex Sulecki, Annisa Karim, Brian MacKenzie, Roger Jacobsen Attendees were given a PowerPoint presentation showing examples of existing preserves and discussed the following draft LDC amendment. Language discussed and comments provided by meeting attendees are provided 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 sub-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 Development Type Coastal High Hazard Non-Coastal High Hazard Area Area 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. Less than 2.5 10% 10% Less than 5 acres acres Equal to or ° Equal to or greater 15% Residential and Mixed Use greater than 25�0 than 5 acres and less development 2.5 acres than 20 acres Equal to or greater 25% than 20 acres 35% 35% Golf Course Less than 5 10% 10% Less than 5 acres Commercial and Industrial acres development and all other non- Equal to or specified development typesgreater than 5 15% Equal to or greater 15% than 5 acres acres Industrial development (Rural- 50%, not to exceed 50%, not to exceed 25% of 25% of the project site project the site. Industrial District only) 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). primary growth, not re-growth native ruderal vegetation considered native by definition current definition goes against AG BMPs percent coverage of native vegetation, what strata??? where no stratum equals 25% 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. a. The property or portion of the property which is zoned commercial or industrial. b. Projects for essential services. 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. The percent of native vegetation preservation allowed to be satisfied offsite shall be based on the percent of affordable housing units allowed under the Affordable Housing Density Bonus Agreement. e. Preserves less than one acre in size. f. Degraded preserves (2 contiguous acres max) (add: where previous restoration requirements have not been successful) 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 habitats within the preserve are of extreme poor quality due to prior agricultural uses, land clearing, soil disturbance, drainage, etc. Extreme poor quality habitats shall mean those habitats (Add: where no stratum equals 25%) Delete: with less then 25 percent coverage of native vegetation using all existing strata (canopy, under-story and ground cover) 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. Vines shall be excluded from these calculations. Andropogon species shall not be considered ruderal type vegetation since they are important pioneer species for wetland restoration. Up to 20 acres of the native vegetation preservation retention requirement may be satisfied offsite if the degraded preserve is 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 the preservation requirement is within the adjacent flowway, estuary, preserve, conservation acquisition area or potential wildlife corridor(delete). The identified wildlife corridor shall be supported through Technical Assistance from the applicable Federal and/or State wildlife agencies. q. Previously impacted 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 which do not meet the minimum width requirements for preserves pursuant to this section and where previous restoration requirements have not been successful. Delete h. Created 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 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 Remaining property should remain as open space and not allowed to be developed Should remain as native vegetation Establish size thresholds for off-site criteria Not all meeting participants agree that g & h above should be deleted. Some participants do not think further restrictions should be placed on property once the preserve requirement is mitigated off-site. 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 and must not meet the offsite criteria of f, g or h above. 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 fees or endowments for management as negotiated by Conservation Collier shall be made prior to final site plan/construction plan approval. Applicant's 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. Fees or endowments for management as negotiated by Conservation Collier or other accepting entity shall be required to ensure the native vegetation preserved is adequately managed in perpetuity. 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 are the National Audubon Society. Evidence that donations of land for preservation and the applicable fees or endowments for management have been accepted by and donated to the entity stated above shall be made prior to final site plan/construction plan approval. Lands to be donated must have all exotic, non-native and nuisance vegetation removed by a contractor acceptable to the receiving entity, prior to being donated to that entity.