Loading...
EAC LDC Stakeholder's Meeting Agenda 08/26/2009 Environmental LDC Amendments Stakeholders Meeting Community Development and Environmental Services Division 2800 North Horseshoe Drive, Naples, Florida August 26, 2009 9:00 a.m. until 12:00 noon Room 610 Agenda 1. Review of draft LDC amendments as they go through public hearings Once an LDC amendment starts the public hearing process, they can be viewed on the -- County's LDC web page (link to web page provided below). The link to "Individual Amendments" is located on the bottom of the web page.Amendments only get posted on the web page when they are ready to go through public hearings.As amendments go through the different boards, they are updated and placed on the web page. http://www.colliergov.net/Index.aspx?page=772 2. Roundtable discussion of draft LDC amendments a. Stormwater Uses in Preserves b. Recreational Uses in Preserves Ienberger_s — From: lenberger_s Sent: Thursday, August 06, 2009 3:00 PM To: TorreJohn; hetzel_l Cc: mason_s; lorenz_w Subject: August 26 environmental LDC amendments stakeholders meeting John/Lavah: attached is a public notice for another environmental LDC amendment stakeholders meeting to be held by our department. Please advise if the attached notice needs to be revised.Thank you! Stephen Stephen Lenberger Senior Environmental Specialist Engineering and Environmental Services Department (239) 252-2915 SteveLenberger@colliergov.net Al News Release 082609.doc 1 LI,I� 1,aln� Collier County Government -0(N Communication & Contact: (239) 252-8848 Customer Relations Department www.colliergov.net 3301 East Tamiami Trail www.twitter.com/CollierPIO Naples, FL 34112 August 6, 2009 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT COLLIER COUNTY, FLORIDA WEDNESDAY, AUGUST 26, 2009 Notice is hereby given that the Collier County Government Community Development and Environmental .-. Services Division,Engineering and Environmental Services Department will hold a public meeting to discuss environmental Land Development Code Amendments on Wednesday,August 26 at 9 a.m. at the Community Development and Environmental Services Division building, conference room 610, located at 2800 N. Horseshoe Drive,Naples. All interested parties are invited to attend. 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 AdvisoryCommittee maybe 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. 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, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Mike Sheffield at (239) 252-8383. -End- ---- Environmental LDC Amendments Stakeholders Meeting August 26,2009 9:00 a.m. Si99/9/4/ i 1://lifaCCR Si-eve'Ze 14e1-jet -.62/*90(1. 0 e'l /A4' IbliWer 777n g oW/A<9 7 an //feer709, (-6re TEFF WIZ 1 G.H.T i ' efivki ' 1,1" (t i ‘ ri L) ' LI 14a 430(,,,f/1 _s cy ci,,96,,,brzs- /01 S e odhc2.5/.. IleIL 31fAce LA LfvtA,144\) v1-'4(-- I (cilit- jaeml )eir-c.,--le day,cvser,e,,(3,vi ce(fn. co.,--\ 1041a01-7DCICIVAC WkA(Atilb a ->eti CS64,a ((c, , ,f\it \-- k Ltill Skol Taal kt_skzry. e col. c_iryv._ At‘1 c '-is(, cAt\ .`/ONI c.rvq-.) t_L-.. 'Cy 0-3 c-/•_‘.7J%c\AQ c...1iLlc,a-r., . (.0 i j, ,k 6,,,gel ,,,,Te. 0,0nyroayln (15?1 Lill Cte-^ R11) 41\ I Or316r 3 Es' (.1. 6 I • co (..., Susef) /g4101 50.2i7),./RAje / .._./ c6ik,-.7.4 1.6(r/ 6.6 /6-m c k-ili kac r I z:V Wdit',e(s.0 ceol cowl, 1 IL,01 r in ; ( 0,11p@e_d45-er- v(v41 0A40 ,6/ 4z 6</ ,d- del. k..‹.1.,- 6:- ILLIRE; e Wit-L-witozOti , LaArc1/4 P, 1 ok.,,,ro.17,1) ,e, CO fli I,)tiKl-A• )(1itielrer"11{15 )11014t 4 A/141-161°-"I-A°°- 1,49411..111^-, likAK— tialr/r-,e,et i7 Sifre,/ez6 Environmental LDC Amendments Stakeholders Meeting August 26, 2009 9:00 a.m. – 12:30 p.m. Staff presented item 1 on the agenda Roundtable discussion of draft LDC amendments Stormwater in Preserves: LDC amendment language: FISCAL & OPERATIONAL IMPACTS: Having criteria when treated stormwater is allowed within preserves will help staff and applicants during the permitting process since specific criteria will be available by which to review and design of projects. Where stormwater lakes and dry retention areas do not provide enough retention and stormwater is not allowed to be discharged into preserves, additional retention area will have to be provided. More intensely developed sites or those with more site constraints may be affected by limiting the amount of land that can be used for structures, parking — and the like. Cost of providing additional storage would vary based on the design of the project and cost of land. The cost of land would be determined by a variety of factors such as location of the project, zoning, and market conditions. Additional water added to certain types of habitats could result in changes to the environment within the preserve, including die-off of existing native vegetation or increase in exotic and nuisance vegetation. Restoration or recreation of habitat may be required resulting in additional cost to the homeowners or developer. Exotic vegetation removal covered by routine maintenance and management of the preserve, and should not be included in Fiscal and Operational Impacts Not allowing stormwater in preserves may not make a project financially feasible, especially for smaller projects Creates a financial benefit as well, to allow stormwater in preserves Stormwater previously allowed in upland preserves, not restricted in past by LDC LDC amendment language: a) Stormwater discharges entering the preserve must be treated to meet 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, (SFWMD February 2006) and meet the requirements of the Watershed Management regulations of Section 3.07.00. Discharge of stormwater into a preserve shall be in a controlled manner to prevent erosion, scour, and to promote even distribution. 100% requirement that district has? SFWMD requires 150%prior to off-site discharge (to clean-up off-site discharge) 150%pretreatment prior to discharge to preserves required now by LDC Basis of Review and Interim Water Management Plan in conflict now SFWMD requiring 150% pre-treatment now, prior to discharging to preserves Harper analysis adding to hardship 2010 is when watershed management plans are expected to come into effect Reference watershed management plan in amendment Should provide backup data or links to web pages, for stakeholders to read May not be able to distribute Deuver's study LDC amendment language: b) Stormwater may be discharged into portions of preserves that are comprised of jurisdictional wetlands, uplands comprised solely of hydric soils, uplands that serve as buffers around the wetland, in accordance with the approved SFWMD Environmental Resource Permit (ERP), or a combination thereof. The hydric nature of the soils must be field verified by the applicant using the methodology in Chapter 62-340, F.A.C. Water budgets should be considered Conservancy's language: b.) For the purposes of this section, no adverse impact to the naturally occurring native vegetation will be met if the total inundation within the preserve (naturally occurring water levels + stormwater) can be demonstrated not to exceed the maximum seasonal water levels and the annual maximum length and days of inundation (hydroperiod). Need to define advice impacts Deuver's numbers are averages, not maximums Annual monitoring report will monitor health of preserves and therefore determine adverse impacts What is a maximum seasonal water level—average year was selected (1996) Need a reasonable standard with measurable criteria Need to assume storm duration for model Use hydroperiod for models, not water level Mesic areas need to be evaluated for water depth as well Currently no examples of large problems associated with the introduction of stormwater into preserves Some wetland preserves do not receive enough water North Collier Regional Park: mechanical exotic removal was the problem Some of the preserve was also used as a flowway Estuarine systems more of a concern because of salinity changes Tidal wetlands—discharge permitted by SFWMD—post discharge Wetland preserves to be permitted by SFWMD in proposed amendment Upland portions of preserves a concern Need to provide examples where stormwater discharge into preserves is successful and where detrimental to upland preserves Hal Herbst from SFWMD could identify post permitting problems with regards to preserves, as he has a lot of experience evaluating preserves in this area Most District (SFWMD) preserves contain some uplands LDC amendment language: iii) Demonstration that the upland portion of the preserve is not inundated for more than 30 days during a reference wet season. For the purpose of this subsection, the reference wet season is May 1996 through October 1996. In this context, inundation means water levels at or above the average ground surface of the preserve. Can use an average year or the period of record and obtain an average, for modeling Need a maximum to prevent extreme conditions Need data Need measurement year Create a reasonable standard CCME Policy 7.1.2 (3) 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. LDC amendment language: a No gopher tortoise, red-cockaded woodpecker, Big Cypress fox squirrel or nests of bald eagle are present and if present, technical assistance from the FFWCC or USFWS shall be provided indicating that no harm to these species or their habitat will occur due to discharge of stormwater into the preserve. Technical assistance must be site specific; What about listed species which could potentially use the habitat Vesting for projects Add scrub jays to species list Add sand pine to xeric FLUCFCS codes LDC amendment language: e) When stormwater discharges are allowed in preserves, the associated stormwater facilities such as berms, swales, or outfall structures, may be located within the preserve, but the area of such facilities can not count towards the native vegetation preservation requirement pursuant to section 3.05.07. These facilities are not subject to setback requirements as found in subsection 3.05.07 H.3. These facilities must be placed in a drainage easement. Why required to be in a drainage easement? Berms do not have to be placed in a drainage easement Purpose of drainage easement is for maintenance LDC amendment language: fl Where stormwater discharges are allowed in a preserve, the Preserve Management Plan as required in subsection 3.05.07 H.1.g must address potential maintenance problems and shall also provide for a monitoring program. Compatible vegetation must be planted to replace any vegetation that may be lost over time in the preserve. Conservancy's language: h.) Where stormwater discharges are allowed in a preserve, the Preserve Management Plan, as required in subsection 3.05.07 H.1.g, must address potential maintenance problems and shall also provide for a monitoring program. Compatible vegetation must be planted to replace any vegetation that may be lost over time in the preserve. As the ability for stormwater systems to function as designed and initially installed diminishes over time, Preserve Management Plans for preserves receiving treated stormwater shall create and adhere to a monitoring and maintenance plan. While specific monitoring schedules and maintenance needs will vary depending on the design of the system, these plan will, at a minimum: i.) Establish the party or parties responsible for inspection of the stormwater system and a source of funds for monitoring and both routine and emergency maintenance. ii.) The owner of the stormwater system shall be responsible for a visual inspection of all stormwater pipes, inlets, catch basins, manholes, flumes, pond inflow and outflow and discharge pipes which should be inspected on a quarterly basis, following any major rain event, in response to a citizens complaint or as follow-up to any maintenance procedure (visual inspection must occur within two weeks of repair completion). (Major rain event needs to be defined). These shall be maintained by removing built-up debris and vegetation and repairing deteriorating structures. iii.) Wet and dry detention stormwater management systems should be inspected for accumulated sediment on an annual basis. When the capacity of the system is no longer able to treat and store the amount of stormwater for which the system was designed and constructed, sediment will be removed and disposed of properly. Annual monitoring reports shall be conducted by a registered professional engineer knowledgeable with stormwater management and drainage facility design and regulations. The report will be submitted to Collier County for review and approval. Need additional monitoring of stormwater system as a whole Certifications for stormwater systems an issue and staff working on Develop checklist for homeowners Staff prefers to wait until details worked out Monitoring of sediments for contaminants? Golf courses for example Inspections after storm events Placeholder to provide assurance that stormwater system will function properly LDC amendment language: h.) A property owner may request deviations from the above regulations, 3.05.07 H.1.h.ii. Staff shall review the plans and proposed deviations to ensure that uplands in the preserve will suffer no adverse impact from the proposed deviations. The process for granting deviations shall follow the procedure as set forth in the section 8.06.10; appeal before the EAC, and shall be heard at a public hearing of the EAC. No deviations shall be granted for 322 or 421 FLUCFCS Codes. Correct citation section 8.06.10; moved to Code of Laws and Ordinances Why have deviations? One day over 30 days for example Small sites more of a concern Require an EIS or specific standards for deviations Recreational Uses in Preserves: Be able to rebuild structures to original specifications Vest original uses Pervious pavement issue Golf cart paths LDC amendment language: ii) Shared use paths for use by golf carts, trams, bicycles, joggers, etc. shall be kept to a maximum width of 12 feet, unless safety concerns necessitate a wider pathway. Golf cart paths for golf course use shall be separate from other paths and be designed for golf course access only. Bisecting preserves a concern No other access possible—what is reasonable Golf carts for golf course use not a passive use Limit intrusion in preserves Use of preserves promotes appreciation and awareness of the preserve, same holds true for golfers Tram and golf cart use should be limited Limit human intrusion - disturbance to habitat and wildlife Cost a factor and will limit golf cart paths in preserves Fragmenting preserve habitat a concern Golf cart paths are usually elevated through preserves Degree of fragmentation for a road with culverts vs. elevated pathway, is not the same LDC amendment language: iv) Pathways shall not interfere with the following listed or protected species; gopher tortoise, red-cockaded woodpecker, Big Cypress fox squirrel or the nests of bald eagle. Pathways shall comply with the guidelines or recommendations of the FFWCC or USFWS, for listed species and the nests of bald eagle. Limit golf cart paths—what is reasonable Has to be measurable Dictated by cost Safety issue—access via pathways by EMS occasionally needed in case of emergencies Pervious pathways Need cost comparison—unit cost More cross section required for pervious pathways Construction details—distance to travel for construction for pervious pathways an issue Consider incentives to encourage pervious pathways No asphalt question Cost is about 20%more to install pervious pathways instead of impervious Maintenance costs as well Let pervious pathways count towards native vegetation requirement Add language such as: Foot paths should have priority over other type pathways Pollutant level of pervious vs. impervious asphalt, should encourage pervious asphalt pathways Asphalt pollutants biodegrade quickly according to one stakeholder Provide incentives to replace impervious with pervious pathways