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EAC Minutes 12/01/2004 R December 1, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENT AL ADVISORY COMMITTEE Naples, Florida December 1, 2004 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Committee in and for the County of Collier, having Conducted business herein, met on this date at 9: 00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following member present: CHAIRMAN: Alfred Gal William Hughes Judith Hushon (Absent) Ken Humiston Michael Sorrell Erica Lynne Joe Gammons ALSO PRESENT: Bill Lorenz, Environmental Services Director Steve Lenberger, Environmental Specialist Marjorie Student, Assistant County Attorney Michelle Mosca, CDES Stan Litsinger, CDES 1 .-.-- ENVIRONMENTAL ADVISORY COUNCIL AGENDA December 1, 2004 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Roll Call II. Approval of Agenda III. Approval of November 03, 2004 Meeting minutes IV. Growth Management Plan Amendment 1. Transfer of Development Rights (TDRs) Bonus Amendment/Rural Fringe mixed Use District (Staff report will be sent under separate cover). V. Old Business VI. New Business VII. Council Member Comments VIII. Public Comments IX. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on November 24. 2004 if yOU cannot attend this meetina or if yOU have a conflict and will abstain from votina on a petition (403-2311). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. __.____...w.... W"_..... December 1, 2004 I. The meeting was called to order at 9:04 AM. Roll call was taken with Judith Hushon absent. A quorum was established. II. Approval of Agenda: Ms. Lynne moved to approve the Agenda as presented. Second by Mr. Hughes. Carried unanimously 6-0. III. Approval of November 3, 2004 Meeting minutes: Mr. Humiston referred to page 6 with a clarification as follows: his question about water control was when taking water quality samples it is important to do the sampling procedure carefully, so not to entrain bottom sediments which could be contaminated, skewering the results of the sampling. Mr. Hughes moved to approve the minutes as amended. Second by Mr. Humiston. Carried unanimously 6-0. IV. Growth Management Plan Amendment 1. Transfer of Development Rights (TDR's) Bonus Amendment /Rural Fringe mixed Use District (Staff report will be sent under separate cover.) Bill Lorenz - Environmental Services Director Mr. Lorenz explained staff will give a presentation along with the private sector as it is being sponsored by them along with staff. Stan Litsinger - Director of Comprehensive Planning - explained the TDR program is not working in the rapid manner they had hoped. A Stakeholders meeting was held on July 20th with the minutes attached. Results of the meeting are a joint amendment that includes features originated by the petitioner. Will present an outline of the enhancements they are proposing to adopt into the Rural Fringe Mixed Use District of the TDR program. They are concerned with providing more incentives from perspective willing sellers. They are waiting for a final report from Dr. James Nicholas on his assessment of the impact of the TDR enhancements they will be discussing. Staff is supportive of the changes and feels it will "jump start" the TDR program and enhance the real goal of the natural resource protections programs and opportunity to provide additional incentives with availability of additional TDR's. Michelle Mosca - Comprehensive Planning - her report is as follows: . Amendment is proposing to modify the TDR program adding three additional TDR bonus's and change the development standards for Rural Villages including the reduction in the green belt width. . First bonus - Early Entry Bonus - referred to page 2 of report - Exhibit 4B - #6. This allows 1 additional unit if property owner is in TDR program within first 5 years. Encourages the early severance of TDR's from the Sending Lands. 2 December 1, 2004 . Second bonus - Environmental Restoration Maintenance Bonus - 1 bonus would be awarded to a property owner participating in the bonus. Would need to present restoration and management plan to the County. When approved they would issue an additional unit. . Third bonus - Conveyance Bonus - allows additional 1 dwelling unit per five acres of legal nonconforming lot of record. Mr. Litsinger stated the marketplace has not set a value on TDR's. A regulatory minimum transaction price in a sale for a willing Seller and willing Buyer had been set by the Board of $25,000. He is hesitant to put dollar figures on TDR's. A lengthy discussion took place in which the question was asked if the property owners in the Sending areas understand the program. Mr. Litsinger responded they probably don't completely. They have corresponded with each property owner concerning the program; have a website and there are many attorneys they can contact. The County will not be involved in the business of buying and selling TDR's. PETITIONERS Bruce Anderson - Roetzel and Andress - (others present are Robert Duane/Hole Montes, David Ellis/Collier Building Industry Assn., CBIA Co-applicants, Nancy Peyton/FL Wildlife Federation and Brad Cornell/CC Audubon Society. ) They are all working together to implement the Counties Growth Management Plan for the Rural Fringe. To direct new developments to appropriate locations, already impacted lands called Receiving Lands and protect from new development Environmental Lands designated as Sending Lands. The intent of the program is to allow an owner of Sending Lands "to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands." He stated economically viable is the key phrase. Today zero TDR's have been severed out of approx. 21,000 acres of Sending Lands designated. The program is not succeeding. Because of the estates lots escalating in value, five acre Sending Land parcels are being purchased for $10,000 an acre. The problem with the present program is ifTDR's could be purchased at $50,000 a TDR unit, developers can't afford to buy and use them in the Rural Fringe. The proposed Amendment would make it more profitable to conserve the land and sever the TDR's, then sell it for residential development. The Amendment is excellent - for the environment, for the owner of Sending Lands, owners of Receiving Lands and for the County. 3 December 1, 2004 Changes proposed for the Rural Villages - higher density and commercial uses are encouraged. (Page 4 - Exhibit 4E) Only change is a modification of the green belt width requirements along the perimeter of a Rural Village. Average width should be changed from 500 to 300 feet. Minimum width is changed from 300 to 200. David Ellis - Executive Director of Collier Building Assoc. - Served on Committee - important to CBIA to preserve environmental lands and compensate the land owners who lost value in the process. Early Entry Bonus is to "kick-start" the program. The Amendment might encourage someone to look into the program to understand it. Designed same way as in the Eastern Lands with Early Entry Bonus. Brad Cornell- Collier County Audubon Society - letter distributed to Committee members (attached). He stated the following: Issues were not foreseen in 2002 and now demand an effective response by the County. Dehydration of wetlands in some of the Sending Lands is needed. Need incentives for the land owners not to build homes, but rather to sell their development rights for a reasonable compensation. Intention is to manage the land according to the listed species management plan guidelines and to provide the long term maintenance after the plan has been implemented. (Cleared the Exotics, did a burn and did a hydrologic restoration) Land owners don't understand the whole program. Discussion followed on who should maintain the land, owner or developer. Stan Litsinger stated they need to make a distinction - they are looking at fee simple ownership and TDR severance. In purchasing a TDR, they are purchasing a commodity and then move through the community. Can only be one easement recorded. In the proposal, after severing the TDR rights from the property, there is a subsequent process available where a property owner can implement a Restoration and Management Plan - issue new TDR certificate - then no more severance and a new credit certificate is issued and can move in the community freely. Brad Cornell responded whoever owns the land needs to be implementing the Management Plan. The cost for initial 5 acre parcel was estimated for removal of Me1aluca approx. $3,000/acre. Then yearly maintenance needs to be done. Bill Lorenz - Environmental Services Director - has put some cost estimates together based on $1 ,OOO/acre which gives a net return to the Seller of the TDR for the conveyance being $24,000. Based on 25 years. There are a number of incentive programs from Federal and State Agencies for grants for habitat restoration. They could offset some of the management costs. 4 December 1, 2004 Application fees, hiring attorneys, developing details; who will receive the annuity payments, and who will pay the contractors and having more employees was discussed. They discussed the mechanism for enforcement and compliance needs to be considered also. Mr. Lorenz mentioned the Conservation Collier program has to create a land management plan for all the properties acquired. Certain components would be required in the conveyance management plans. They would like to provide bonus TDR's for the program. Get it going; and get restoration on the properties - with fine tuning. Land uses, after the TDR's are sold, was asked. The list will be given later in the meeting. It was also noted Golden Gate Estates is not part of this program. Map was shown on visualizer. Mr. Anderson explained platting ofthe land. The only way the TDR program will work is to have TDR credits off the Sending Lands. Brad stated government has injected a new commodity in the market place. They have created value, and the public will get the protection of resources of the conservation land. Ms. Lynne questioned the maintenance for only 25 years. Brad stated they hope they get conveyed to the public. Mr. Litsinger responded they have had much discussion on perpetuity. Mr. Anderson addressed a few of the questions as follows: · Once the TDR has been severed, there isn't anything left to develop. · Developers will be the ones to purchase. (Not mom & pop) · SFL WM District has a successful program and a scientific basis for the 5 year requirement. Once the exotics are cleared and maintained for 5 years, re- infestation is reduced. Nancv Peyton - Florida Wildlife Federation - also a petitioner- Conveyance TDR Bonus: gifting, conveying fee simple title of the land to a government agency such as; Conservation Collier, FL Water Management District, the State of Florida, the Federal Government or any government entity. Benefits the County in providing an opportunity to improve water quality and the health of Naples Bay. She showed a map of Golden Gate Canal which dumps water into Naples Bay. There is an opportunity to enter into a flowways easement also. The Stakeholders are meeting to look at other government programs that will assist landowners with grants etc. The Conveyance program helps with other programs under consideration or implementation in the County. 5 __~"~~.,._,._,~,_u<>.. ,.~._",._,_,">.,_._,," December 1, 2004 Mr. Litsinger did mention no lands designated conservation with conservation easement would participate in the TDR program. Michelle Mosca read the listed uses asked for earlier in the meeting: · Agricultural · Cattle grazing on unimproved pasture where no clearing is required. · Detached single family dwelling units (retains 40 acres in Sending Lands) · Habitat preservation conservation uses · Passive parks and Passive recreational uses. · Essential services · Oil extraction and related processing (excluding earth mining) SPEAKERS Nicole Ryan - Conservancy of SW Florida She stated the program has been in place for one year and asked if it is long enough to determine if "it is broken and needs to be fixed." Unrealistic to compare the Fringe and Rural lands programs to each other. Rural Lands have immediate participation. Rural Fringe is different - small tracts of land, with education is key to the program. Was the letter sent to property owners as user friendly as it could have been? It should be an enthusiastic sell. What is there to make people say "yes they want to participate? " The Conservancy isn't convinced the program is broken and in need of a fix that they consider drastic looking at the potential for all the TDR bonus units. Could have a potential of 13,000 dwelling units and 32,000 additional people. Is that too much? Have all the other ways been exhausted of getting the program off? She talked about the TDR's and establishment of banks. One concern of the Conservancy is the TDR's are not going to be tied to Villages. Want to encourage in the Receiving Lands. Discussed protection of native vegetation and asked if it would increase in TDR bonuses and help the creation of rural villages. They want a TDR program that will work and believe management is important. Conservancy is proposing any additional bonuses not exceed 1 TDR bonus per 5 acres for non- conforming parcel. Also see the TDR tied to the Village to promote the Village development in the Receiving Lands. Would like the County to look at better education and a more enthusiastic sell. Also the TDR Banks. Ms. Lynne agreed with much of what Ms. Ryan stated. Mr. Litsinger responded to Ms. Ryan's' comments: Not a voluntary participant program - TDR mechanism is a compensation mechanism for restrictions and regulations imposed by the County. Sales program - property owners need to be made aware of the program and availability of severance opportunity. Sales organization - County not in business of buying or selling TDR's. 6 December 1, 2004 Need firm position in place that they are not going to change in next amendment cycle. Can still have maximum of 4 rural villages - and would prefer to see development take place in rural village type of development in Receiving Lands. Do not share the same concerns but need to continue to use the bonus aspects of the program. Mr. Anderson responded: o Limiting the bonuses to the Rural Villages idea was thrown out by the Conservancy at the July Stakeholders meeting. The idea is to make the TDR program that is not working today, workable and not to add new additional complications. SPEAKER Tom Taylor - Hole Montes Inc. - Chaired the Committee with CBIA - recognized the TDR program is not working. It is broken and needs modifications. They feel these modifications will be successful. Gave examples. They believe they have developed a program that achieves all the goals for Collier County, the citizens, landowners, environmental and the Audubon Society and Wildlife Federation (co- sponsors). The developers have approached the landowners and have said they fully understand the TDR program and just do not care to participate. They need to get the development rights transferred off the Sending Lands and transferred onto the Receiving Lands. They looked at many issues and came up with benefits for participating and supporting the program. Michelle Mosca made a final point. Staffs viewpoint whether the TDR program is broken? They don't know at this point, it is a relatively new program and didn't want to make a blanket statement that it is broken. Nancy Peyton made one last comment - program has been adopted for more than 2 years so has not just started. There is a problem and they can't say "wait another year and see". . .. It takes a while to get this particular program to work and need help in promoting the program. She asked the EAC to support the Amendment. No need to wait another year - address the program now. Dr. Nicholas' report is due within a week. Will take the Transmittal to the Planning Commission on January 6th and the Board of County Commissioners on January 27th. After Transmittal and prior to Adoption it will come back to EAC again on January 5th. 7 December 1, 2004 Mr. Hughes moved to approve the Amendment, with a side note to the Planning Commission and the Board of County Commissioners, that consideration be given to the creation of authority to manage the funds for the 25 year perpetuity land maintenance, #2 with a caveat they consider the heavy secondary uses of the land, is consistent with the environmental needs (reason for entire initiative that the uses of the land, even though it may be Agriculture, they're still within some guidelines that be protection of the resources of the County) Oil drilling still should be questionable, certain agricultural land uses should be questionable, pertinent to water supplies to the County and City of Naples. Without a second, the motion was not considered. Mr. Gammons moved the same thing minus the authority. He agrees wholeheartedly - without the authority to oversee and handle the money. Without a second, the motion was not considered. Mr. Hughes stated he is trying to give a heads up to the other Councils that will review this. Mr. Hughes moved to approve the Amendment provided to them. Second by Mr. Gal. Carried unanimously 6-0. Mr. Hughes moved to recommend that there be some kind of management structure created for the funds. (Take the funds that are generated and re- apply them to do the land mitigation and maintain the land in perpetuity - protecting their resources) Second by Mr. Gammons. Carried unanimously 6-0. V. Old Business - None VI. New Business - None VII. Council Member Comments - None VIII. Public Comments - None ********* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :22 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COMMITTEE Chairman Alfred Gal 8 ". .~. '--'."'.^___,_~_~__.,.,__.~_..",______~_...,.~_...._., .,.·.~~".""__on.'.,'.....__.,·_··._..__