EAC LDC Stakeholder's Meeting Agenda 07/08/2009 Environmental LDC Amendments Stakeholders Meeting
Community Development and Environmental Services Division
2800 North Horseshoe Drive, Naples, Florida
July 8, 2009
9:00 a.m. until 12:00 noon
Room 610
Agenda
1. Input on public hearing draft versions of the following amendments
Conservation Mechanisms
Preserve Management Plans
Created Preserves
Off-Site Native Vegetation Retention Alternatives
2. Roundtable discussion
Listed Plants and Other Listed Species
Conservation and Coastal Management Element Policy 7.1.2 (2) language
regarding "potential habitat for listed species"
Native Vegetation Definition
3. Next Meeting: Wednesday July 29, 2009
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or,
Collier County Government
Communication & Contact: Sandra Arnold-Lawson
Customer Relations Department Public Information Coordinator
3301 East Tamiami Trail (239)252-8308
Naples, FL 34112
May 29, 2009
FOR IMMEDIATE RELEASE
NOTICE OF PUBLIC MEETING
COLLIER COUNTY, FLORIDA
Wednesday, July 8, 2009
9:00 a.m.
A public meeting will be held to discuss environmental Land Development Code amendments on
Wednesday July 8 at 9:00 a.m. in conference room 610 at the Community Development and
Environmental Services Division Service Center, 2800 N. Horseshoe Drive, Naples.
Attention: two or more members of the Collier County Planning Commission may be
present and may participate at the meeting. The subject matter of this meeting may be a
future item for discussion and action at a Collier County Planning Commission meeting.
Attention: two or more members of the Environmental Advisory Council may be present
and may participate at the meeting. The subject matter of this meeting may be a future item
for discussion and action at an Environmental Advisory Council meeting.
Attention: two or more members of the Development Services Advisory Committee may be
present and may participate at the meeting. The subject matter of this meeting may be a
future item for discussion and action at a Development Services Advisory Committee
meeting.
Attention: two or more members of the Conservation Collier Land Acquisition Advisory
Committee may be present and may participate at the meeting. The subject matter of this
meeting may be a future item for discussion and action at a Conservation Collier Land
Acquisition Advisory Committee meeting.
Attention: two or more members of the Habitat Conservation Advisory Committee may be
present and may participate at the meeting. The subject matter of this meeting may be a
future item for discussion and action at a Habitat Conservation Advisory Committee
meeting.
The meeting is open to the public.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department located at 3301 E. Tamiami Trail,
Naples, FL 34112, (239) 252-8380; assisted listening devices for the hearing impaired are
available in the Board of County Commissioners Office.
For more information, call Stephen Lenberger in the Engineering and Environmental Services
Department at 252-2915.
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--� Environmental LDC Amendments Stakeholders Meeting
July 8, 2009
9:00 a.m.
Signup Sheet
Name E-mail address
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Environmental LDC Amendments Stakeholders Meeting
July 8, 2009
9:00 a.m.— 11:40 a.m.
Meeting was open for discussion of amendments identified on the agenda. The following
items were discussed.
Conservation Mechanisms:
LDC amendment language:
State and federal parks and preserves with management
plans to manage land for conservation purposes in
perpetuity shall not be required to place their preserves in
a conservation easement.
Why require state and federal parks and preserves, to establish County required
preserves?
Would require a GMP amendment to exempt parks from the preservation requirement
Could old PUDs be required to establish preserves which are non-conforming (setbacks,
minimum widths, etc.)?
Preserves would be established as they are if non-conforming. Cannot become more non-
conforming. Not required to place preserve in a conservation easement if they don't meet
minimum widths.
Off-Site Native Vegetation Retention Alternatives:
Would a PUD amendment be required, if the off-site preserve criteria were used and the
PUD identified a preserve on the PUD master plan or in the PUD document?
Staff will coordinate with County Attorney and management for an answer/procedure.
Preserve Management Plans:
LDC amendment language:
Inspections and Monitoring. The property owner shall provide for inspections of the
preserve by the Preserve Manager on a yearly basis at a minimum or more frequently
when required to insure the preserve functions as intended. The property owner shall
retain copies of the five most recent years of monitoring reports in accordance with
required inspections of the preserve and make them available to Collier County upon
request.
Include general requirement for annual monitoring report in amendment.
LDC amendment language:
Perimeter fire and fuel breaks adjacent to
residential units shall require a non-living structural
buffer to prevent encroachment of undesirable
vegetation into the preserve.
What does SFWMD require for structural buffers?
Clarify (such as a berm or wall)
Include language for active management to prevent encroachment of nuisance vegetation
as an option. Include this paragraph in the exotics section of the Preserve Management
Plans section, instead.
LDC amendment language:
Preserve management plans. Criteria i, ii, vi and vii below
are required for all preserves whether a management plan
for the preserve has been approved or not. Preserve
Management Plans shall be required for all preserves 5
acres or more in size, where listed species are utilizing the
preserve or where the preserve contains habitat which
requires management for fire. 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:
Preserve Management Plans shall be required for all preserves properties with (totaling)5 acres
or more (of preserve) tee, (or)where listed species are utilizing the preserve or where the
preserve contains habitat which requires management for fire (such as pine flatwoods,palmetto,
scrub)
Other flammable areas a concern as well
Use: All properties with 5 acres or more of preserve
Off-Site Native Vegetation Retention Alternatives:
LDC amendment language:
In lieu of monetary payment, applicants may
choose to donate land to Conservation
Collier or to another government agency. In
the event of donation to Conservation
Collier, the applicant may acquire and
subsequently donate land within the protect
boundaries of Winchester Head, North
Golden Gate Estates Unit 53, another multi-
parcel project or any other land designated
by Conservation Collier.
Conservation Collier suggestion:
...by "Conservation Collier donation acceptance procedures"
LDC amendment language:
Applicants who choose 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 subsection
3.05.07 A.) than the land required to bepreserved onsite. In no case shall the acreage of land
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donated be less than the acreage of land required to be preserved onsite.
Prior to construction or other approval?
At the time the land is donated?
Use: At time of SDP or PPL
LDC amendment language:
Applicant shall provide evidence that donations of land for preservation and endowments for
management have been accepted by and donated to the entity stated above, at the time of the
preconstruction meeting for the SDP or final plat construction plans.
Ok with language(Good that approval is in hand prior to donating land)
Listed Species and GMP language:
LDC amendment and GMP language:
Wildlife habitat management plans for listed species shall be submitted for County approval. A
plan shall be required for all projects where the wildlife survey indicated listed species are
utilizing the site,or the site contains potential (native?)habitat for listed species. These plans
shall describe how the project directs incompatible land uses away from listed species and their
habitats. The County shall, consistent with applicable GMP policies,consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recommendations from the US Fish and Wildlife Service in
issuing development orders on property containing listed species. It is recognized that these
agency recommendations, on a case by case basis,may change the requirements contained within
these wildlife protection policies and any such change shall be deemed consistent with the
Growth Management Plan.
Existing LDC amendment language:
When listed species are directly observed on site or indicated by
evidence, such as denning, foraging or other indications, priority
shall be given to preserving the habitat of that listed species, as
provided in section 4.06.04.
Species in disturbed(non-native) areas:
Burrowing owls
Gopher tortoises
Terns
Evidence of listed species
Historical use (RCWs)
Individual wading birds
Any wetland is potential wood stork habitat according to USFWS
Listed species resident there
Use: Resident species or if required by state and federal permit requirements
LDC amendment language:
Authorized agents permitted Personnel authorized by the FFWCC
or the County may house and relocate tortoises, as permitted
necessary and provided for in this section and FFWCC's current
Gopher Tortoise Permitting Guidelines.
Use language like: Relocation shall be permitted and executed according the FFWCC GT
guidelines
LDC amendment language:
When habitat containing the following listed plants is not retained on site, plants listed as
Rare and Less Rare below shall be relocated to on-site preserves if the on-site
preserves are able to support the species of plants. Relocation of epiphytic species of
plants listed as Rare and Less Rare below shall only be required for plants located within
eight (feet of)off the ground.
LDC amendment language:
Where clearing of vegetation is needed for habitats requiring (management for)fire, (or
activities to simulate fire) epiphytic plants listed above are not required to be relocated
into these habitats. These plants may be removed from preserves if located on
vegetation required to be removed as part of an approved preserve management plan.
Created Preserves:
LDC amendment language:
When a State or Federal permit requires
creation of native habitat on site. The
created preserve acreage may fulfill all or
part of the native vegetation requirement
when preserves are planted with all three
the appropriate strata; using the criteria set
forth in Created Preserves. This exception
may be granted, regardless of the size of
the project.
Native Vegetation Definition:
LDC amendment language:
Native trees shall be retained in clusters with the outer edge of the cluster no closer than 30 feet
or to the drip line of trees within the cluster,whichever is greater.
From what boundary?
Use language like: with no encroachment (soil disturbance) within the dripline or within
30 feet of the trunk of the trees
Retain in clusters if trees occur in clusters
LDC amendment language:
Areas of retained trees shall not be subject to the requirements of
3.05.07 H, - - - -- - • -- - - _ • - -- •
-
requirements of this section.
Create separate subcategories for native trees and native vegetative communities
LDC amendment language:
where the parcel was legally cleared of native vegetation
prior to January 1989;
How interpreted?
How applied?
Staff will coordinate with management and County Attorney
LDC amendment language:
Vegetation, native:Native vegetation means native southern Floridian species as determined by
accepted valid scientific references such as those listed identified-in section 4.06.05G.
References in LDC are outdated.
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