EAC Backup 02/03/2010ENVIRONMENTAL
ADVISORY
COUNCIL
BACKUP
DOCUMENTS
FEBRUARY 39 2010
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA
February 3, 2010
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") — Third Floor
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of January 6, 2010 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions — none
VII. Consent Agenda Items
A. Immokalee Area Master Plan
VIII. New Business
A. LDC Amendments
1. LDC sub - section 10.02.02 A: Environmental Impact Statements (Continued)
Discussion on EAC Powers and Duties: Scope of land development project
reviews (Code of Laws and Ordinances)
2. LDC sub - section 3.05.07 H.1.h: Recreational Uses Criteria in Preserves
3. LDC sub - section 3.05.07 H.1.h: Stormwater Uses Criteria in Preserves
IX. Old Business
A. Update members on projects
IX Subcommittee Reports
X. Council Member Comments
XI. Staff Comments
XII. Public Comments
XIII. Adjournment
Council Members: Please notify Summer Arague Environmental Services Senior Environmental
Specialist no later than 5:00 p.m. on January 29 2010 if you cannot attend this meeting or if you
have a conflict and will abstain from voting on a petition (252 -6290)
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.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDC 10:6 — LDC 10:14
LDC SECTION(S): 10.02.02 Submittal Requirements for All Applications
CHANGE: Replace the requirement for an Environmental Impact Statement (EIS) with
submission of environmental data in which to review projects.
REASON:
The purpose of an Environmental Impact Statement (EIS) and other environmental data is to
review projects for consistency with the LDC and GMP. This information is submitted by
applicants during the development review process, much of which is included on final Site
Development Plans (SDP) or final plat construction plans (PPL). For other type applications,
including changes or uses in zoning, this information is provided separately or as part of an EIS,
if an EIS is required.
The need for having a separate EIS document and separate EIS approval process has been
questioned in so much that the environmental information already provided for applications is
sufficient in which to review applications for compliance with applicable LDC and GMP
provisions. Removing the requirement for an EIS and identifying environmental data submittal
requirements is warranted and would streamline the permitting process while insuring the
necessary information is provided in which to review projects.
The environmental data submittal requirements identified below has been provided to fulfill the
requirements of Conservation and Coastal Management Element (CCME) GMP Policy 6.1.8 and
2.3.6 (b).
CCME Policy 6.1.8 states the following (underlined/strike through version provided to identify
changes adopted with the EAR -based GMP amendments):
"An Environmental Impact Statement (EIS), or submittal of appropriate environmental data as
specified in the County's land development regulations, is required, to provide a method to
objectively evaluate the impact of a proposed development, site alteration, or project upon the
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resources and environmental quality of the project area and the community and to insure that
planning and zoning decisions are made with a complete understanding of the impact of such
decisions upon the environment, to encourage projects and developments that will protect,
conserve and enhance, but not degrade, the environmental quality and resources of the particular
project or development site, the general area and the greater community. The County's land
development regulations shall establish the criteria for determining the type of proposed
development requiring an EIS, including the size and nature of the proposed development the
location of the proposed development in relation to existing environmental characteristics the
degree of site alterations, and other pertinent information. -An HIS shall be requifed f4i
1 . Any site ,N4h an ST of AGSC ST everlay, of Within the batindafies of Sending Lands or
NRPAs-
2. All sites seawaftl of the Goastal High boundafy that are 2.5 or mefe aeres.
3 All sites la...A.,.ard Af tl .e G- Hanst.,l High L.. %Fd A_Oa bo nd J .
4. Any other development of site altefation, whieh in the apiftion of die-ilevelopfflq4
sen,iees diFeetef, would have substantial impaet tipan environmental qttaht�-.
The 91S FeEittirement does not apply to a single family oF dHplex tise an a single lot Of PaFeel.
The EIS feqtiiroment may be waived stibioet to the fellewing�
2. Aftey inspeetion by County staff and filifig Of a "'Fitten report, any land E)f pafool of lafid
has been so altefed as to have iffiaparable damage to the eealogioal, drainage, of
Y
ju. J aJe b f f alteration ..hall mean eat,f than o/ 1n C the site.
3. Exemptions Shall flat apply to any PaFeel A,ith an ST_ E)f A CSC
T of A,ithin the
boundaries of Sending Lands or Aron A s „ ept for single family L.,,....,es or as 8the wise
allowed by the ST of GSC ST ..filmefi
Additionally, CCME Policy 2.3.6 was amended to include a pre and post water quality analysis
for projects impacting 5 acres or more. Specifically, CCME Policy 2.3.6 (b) states the following
with regards to this requirement (underlined /strike through version provided to identify changes
adopted with the EAR -based GMP amendments):
"Excluding single family homes, any project impacting 5 acres or more of wetlands must provide
a pre and post development water quality analysis to demonstrate no increase in nutrient
biochemical oxygen demand, total suspended solids lead zinc and copper loading in the post
development scenario."
In evaluating this GMP requirement, technical staff from the Engineering and Environmental
Services Department reviewed applicable literature and provide the following analyses.
"The EAR based amendments for the GMP included a requirement in Policy 2.3.6 to do a Pre -
development vs. Post - development analysis for nutrients, BOD, TSS, Pb, Zn, and Cu. The
existing LDC section 10.02.02 A.4.f indicates that the analysis shall be performed using
"approved methodologies" and only requires the analysis on nutrients. The methodology that has
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been used by the US Army Corps of Engineers and is being developed by the Florida Department
of Environmental Protection is limited to nutrients (nitrogen and phosphorus).
The original state stormwater regulations were based on a standard of 80'% removal of TSS.
Current evaluations of Florida stormwater regulation indicate the design needs to address
increasing concentrations of nutrients (nitrogen and phosphorus) in surface and ground water.
Additionally other significant pollutants are more easily removed than nitrogen or phosphorus
(Harper, 2007). The draft permitting handbook for the update of the state stormwater rule
includes analysis only for nitrogen and phosphorus loadings (FDEP, 2009). (This analysis model
is very similar to that proposed in Evaluation of Alternative Stormwater Regulations for
Southwest Florida, 2003)."
"Literature
Evaluation of Alternative Stormwater Regulations for Southwest Florida. Harvey Harper PhD.,
P.E., David M. Baker P.E.. Environmental Research & Design, Inc. 2003
Evaluation of Current Stormwater Design Criteria within the State of Florida. Harvey Harper
PhD., P.E., David M. Baker P.E.. FDEP 2007
Environmental Resource Permit Stormwater Quality. Applicant's Handbook. Draft (July 2009).
FDEP"
Due to the change in emphasis of state regulatory programs limiting the loading analysis to
nutrients, technical staff does not recommend adding the requirement for TSS, BOD, Pb, Zn, and
Cu at this time.
FISCAL & OPERATIONAL IMPACTS:
According to the Collier County Community Development and Environmental Services Fee
Schedule approved by the BCC on April 28, 2009, fees for reviewing an EIS are $2,500.00 for
the I" submittal and 2nd submittal if applicable, $1,000.00 for the 3`d submittal and $500.00 for
4`h and subsequent submittals. Future review fees for environmental data will be assessed as part
of the overall evaluation of fees currently under review by the Division.
Basic costs for preparation of an EIS are provided below (Summary of information obtained from
three environmental firms in the area). Actual costs will vary due to market conditions, contract
negotiations, etc.
Cost of an EIS for a small site with a minimal 20 hour listed species survey is around $12,000.
Depending on the size and complexity of the project, the price range for preparing an EIS ranged
from $12,000 to $120,000. Included in this amount are listed species surveys which generally
start at around $2,000. Fees for listed species surveys are often higher. For example, an
individual 5 day red - cockaded woodpecker (RCW) survey will cost about $8,000. The costs for
implementing USFWS guidelines for bald eagle monitoring, range from $25,000 to $35,000.
Eliminating the requirement for and EIS along with the separate review and approval process
required for it will save time and expense on the part of the applicant and County in producing
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printing and reviewing these documents. One consultant indicated a cost of $20,000 to $30,000
to prepare /compile the EIS document, amend the document according to sufficiency reviews by
County staff and to attend public hearings for the project. Currently an EIS is required to be
heard by the Environmental Advisory Council (EAC), unless a waiver of the public hearing
requirement is granted pursuant to the LDC. The Planning Commission (CCPC), by policy, has
also requested copies of Environmental Impact Statements, if an EIS is required for a particular
project and that project is required to be heard by the CCPC. The time and expense of scheduling
petitions not normally required to be heard by the EAC, to the EAC, will also be saved.
Information for actual construction of projects (final development orders) is included on Site
Development Plans and final plat construction plans, whatever is applicable. This includes
information regarding management for listed species and preserves, along with depiction of
preserves on the site plans. This single source of information has been established by the County
as a plan of record in which staff, applicant, and public can locate information for actual
construction of a project. Procedures for amending SDPs and PPLs are coordinated through the
Zoning and Land Development Review Department with the type of amendment based on the
extent and nature of changes to the development order.
Amendments for management plans for preserves and listed species are considered minor
(Insubstantial Changes) and cost $400 to process. If more than one plan sheet is involved, then an
additional fee of $100 per sheet is charged. Rarely is more than one plan sheet needed for a
preserve management plan. Additional fees are charged for 3rd and subsequent re- submittals
($1,000 for 3rd submittal, $1,500 for 4`b submittal, $2,000 for 5`b and subsequent submittals).
Amendments to preserve and listed species management plans do not trigger other types of
amendments to an SDP or PPL.
Some stakeholders have asked if management plans for preserves and listed species could be
submitted separately on 8 `/s x 1 1 inch paper. Staff does not see an advantage of having preserve
and listed species management plans separate from the approved drawings for an SDP and PPL.
More effort would be required on the part of staff, property owners, consultants and the public to
track down this additional information, if it were submitted separately. Potential for errors with
regards to construction and management of a project could result in not having all the
information included on the approved plans. The approved site plans are where everyone goes to
see what was approved for a project or to locate the information to amend plans by. The cost of
reviewing separate size plans for preserve and listed species management plans would likely be
the same. Some savings may be had on the part of environmental consultants who have to
coordinate and pay engineering firms or print shops to place and print preserve management and
listed species management plans on 24 x 36 inch paper. Many environmental consultants already
have this capability or work for or closely with an engineering firm who they regularly do
business with.
RELATED CODES OR REGULATIONS:
Elimination of the requirement for an EIS will require a revision to the Environmental Advisory
Council (EAC) section of the Code of Laws and Ordinances since the EAC is required to review
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Environmental Impact Statements. The EAC section was recently moved by the BCC, from the
LDC to the Code of Laws and Ordinances.
GROWTH MANAGEMENT PLAN IMPACT: The amendment to the EIS section of the
LDC is required as part of the EAR -based CMP amendment to CCME Policy 6.1.8.
OTHER NOTESNERSION DATE: Created November 13, 2009. Amended November 24,
2009, December 7, 2009
Amend the LDC as follows:
10.02.02 Submittal Requirements for All Applications
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i:L1t.T7...1P.- -- --- -
WIN-
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addFess.
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9�^.
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A. Environmental Data Submittal Requirements
3. Environmental Data. The following information shall be submitted where
applicable, to evaluate projects.
a. Wetlands
UMAM) and their location within the proposed development plan
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water quality impacts of the project by evaluating water quality
iii. Where treated stormwater is allowed to be directed into
preserves, show how the criteria in 3.05.07 H have been met
b. Listed or protected Species
are discovered.
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construction Dlans.
C. Native vegetation preservation
acreage of native vegetation required to be retained on -site
met.
parcel(s) if off -site donation of land is to occur.
d. General environmental requirements
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courses, landfill or iunkyards or for sites where hazardous
products exceeding 250 gallons of liquid or 1,000 pounds of
e. Other code requirements
i. Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM -ST) within the project area and provide an
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Watershed Management regulations of 3.07.00.
iv. For multi -slip docking facilities with ten slips or more and for all
5.05.02.
f. Additional data
74. Exemptions.
a. The €tS Environmental Data Submittal Requirements exemption shall not
apply to any parcel with a ST or ACSC -ST overlay, unless otherwise
exempted by 4.02.14.1. (exemptieas),
of this C-AdA
b. Single- family or duplex uses on a single lot or parcel. This exemption
shall not apply to the following.
1. Wetland delineations and permitting.
ii. Retention of native vegetation in accordance with 3.05 07 C
iii. Listed species protection in accordance with 3.04.01.
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C. Agricultural uses. Agricultural uses that fall within the scope of sections
163.3214(4) or 823.14(6), Florida Statutes, provided that the subject
property will not be converted to a nonagricultural use use or considered
for any type of rezoning petition for a period of 25 years after the
agrisultafal uses agricultural uses commence and provided that the
subject property does not fall within an ACSC or ST zoning overlay.
I
V. The use er developmeRt will utiliie existing builldipigs and
fa-na Pigments of the preperty.
fd. All NBMO Receiving Lands in accordance with 2.03.08 A.2.a(1).
9. Single family lots FR aGGOrdaRGE) With IseGtian 3.04.01 GA.
he. A conventional rezone with no site plan or proposed development plan.
This exemption does not apply to lands that include any of the following
zoning, overlays or critical habitats: Conservation (CON), Special
Treatment (ST), Area of Critical State Concern (ACSC), Natural
Resource Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU)
Sending Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or
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any land occupied by listed species or defined by an appropriate State or
Federal agency to be critical foraging habitat for listed species.
through (12), F.A.C.
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light ef the raGemmendations of the &A.G.
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CHANGE: Amend the type of development orders to be reviewed by the EAC.
REASON: The amendment to the Environmental Impact Statement (EIS) section of
the LDC requires changes to be made to the EAC section of the Code of Laws and
Ordinances. With regards to development orders, the EAC would review projects which
are more environmentally sensitive or where requests have been made by applicants,
staff, CCPC or BCC to have them reviewed by the EAC. Projects to be reviewed by the
EAC would occur at the time of application for change in zoning or CU, when conditions
would be placed on petitions by the BCC or CCPC, whichever is applicable. Less
environmentally sensitive projects or final development orders already demonstrating
consistency with Code requirements would not fall within the scope of review by the
EAC, but would be reviewed administratively by staff. The separate approval process for
an EIS by the EAC would be eliminated, due to proposed changes to the EIS section of
the Code.
FISCAL & OPERATIONAL IMPACTS: Time and savings would be saved on the
part of the applicant and staff in not having to take less environmentally sensitive projects
or final development orders demonstrating consistency with Code requirements, to the
EAC. This will facilitate a more expeditious review of petitions and alleviate the
permitting time lag which has occurred in the past.
Amend the LDC as follows:
8.06.00 ENVIRONMENTAL ADVISORY COUNCIL
8.06.01 Establishment
There is hereby established an Environmental Advisory Council ( "EAC'). The
EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant
to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the
regulation, control, management, use, or exploitation of any or all natural resources of or
within the County, and the review and evaluation of specific zoning and development
petitions and their impact on those resources.
(Ord. No. 05 -27, § 3.NN)
8.06.02 Purpose
The EAC will function to:
A. Advise on the preservation, conservation, protection, management, and
beneficial use of the physical and biological natural resources
(atmospheric, terrestrial, aquatic, and hydrologic) of the County in regard
to the safety, health, and general well -being of the public;
B. Advise and assist the County staff and the BCC toward developing the
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purpose, intent, and criteria of all County ordinances, policies, programs,
and other initiatives dealing with natural resources,
C. Provide written and oral reports directly to the BCC regarding
recommendations on matters dealing with the protection of natural
resources; and
D. Review and recommend stipulations addressing the preservation,
conservation, protection, management, and beneficial use of the County's
physical and biological natural resources (atmospheric, terrestrial,
aquatic, and hydrologic) for petitions and /or plans for selected
development orders, insluding, bdt net limited W, reaa;as
that are directed to
the EAC by County staff, the BCC, or the provisions of this LDC.
8.06.03 Powers and Duties
The powers and duties of the EAC are as follows:
A. Identify, study, evaluate, and provide technical recommendations to the
BCC on programs necessary for the conservation, management, and
protection of air, land, and water resources and environmental quality in
the County;
B. Advise the BCC in establishing goals and objectives for the County's
environmental conservation and management programs;
C. Advise the BCC in developing and revising, as appropriate, local rules,
ordinances, regulations, programs, and other initiatives addressing the
use, conservation, and preservation of the County's natural resources;
D. Advise the BCC in the implementation and development of the GMP
regarding environmental and natural resource issues;
E. Advise the BCC in identifying and recommending solutions to existing
and future environmental issues;
F. Serve as the technical advisory committee to advise and assist the
County in the activities involved in the development and implementation
of the County environmental resources management program as stated
in the Collier County GMP;
G. Implement the water policy pursuant to this LDC;
H. Provide an opportunity for public comment on environmental issues,
ordinances, and programs;
I. Implement the provisions of the Conservation and Coastal Management
Element of the Collier County GMP during the review process for
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development petitions and /or plans;
JK. Assist in the implementation of any new programs, ordinances, and /or
policies adopted by the BCC which deal with the conservation,
management, and protection of air, land, water, and natural resources
and environmental quality in the County;
K6. Provide an appellate forum and process to hear disputes between County
staff and applicants concerning land development projects and
recommend proposed stipulations for project approval or grounds for
project denial for BCC consideration;
M. FURGtiGR as an environmental iFnpaGt statement (F='S) F6Vi8W b
PU
All PFBI;Fn;RaFy subdiklisien plat and!OF site development plan
shall be made foF appFeval, appreval with 139nditi(DRG 9F denial by the
Gf either the final plat and GGRGtFUGtiGR PlaRS GF the fiRal plat-.
.W40111,
. . . .
.. .....
..
- ,.
1. Any PUD that requests a deviation from environmental standards
of the LDC.
party to be heard by the EAC.
reviewed by the EAC.
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4. CU petitions for commercial excavations which are not part of an
approved subdivision.
5. Any CU or rezone on Undeveloped Coastal Barrier islands.
M2. The surface water management aspects of any petition, that is or will be
reviewed and permitted by South Florida Water Management District
(SFW MD), are exempt from review by the EAC except to evaluate the
criteria for allowing treated stormwater to be discharged in Preserves as
allowed in section 3.05.07.
(Ord. No. 04 -72, § 3.W; Ord. No. 05 -27, § 3.00)
8.06.04 Membership
A. Appointment. Nine (9) regular members and 2 alternate members of the EAC
shall be appointed by, and serve at the pleasure of, the BCC. Alternate members
will be requested to attend meetings when regular members have notified staff
that they will be absent Alternate members will participate in discussions and
vote when replacing a regular member. Appointment to the EAC shall be by
resolution of the BCC and shall set forth the date of appointment and the term of
office. Each appointment or reappointment shall be for a term of 4 years. Terms
shall be staggered so that no more than a minority of such members'
appointments will expire in any eae41 j year.
B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general
circulation within the County, and vacancy notices shall be posted in the County
libraries and County courthouse.
C. Qualifications. Members shall be permanent residents and electors of the
County and should be reputable and active in community service. The primary
consideration in appointing EAC members shall be to provide the BCC with
technical expertise and other viewpoints that are necessary to effectively
accomplish the EAC's purpose. In appointing members, the BCC should
consider a membership guideline of 6 technical regular members and 3 non-
technical regular members and 2 technical alternate members. Technical
members shall demonstrate evidence of expertise in ene -414 or more of the
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following areas related to environmental protection and natural resources
management: air quality, biology (including any of the sub - disciplines such as
botany, ecology, zoology, etc.), coastal processes, estuarine processes,
hazardous waste, hydrogeology, hydrology, hydraulics, land use law, land use
planning, pollution control, solid waste, stormwater management, water
resources, wildlife management, or other representative area deemed
appropriate by the BCC.
D. Removal. Any member of the EAC may be removed from office by a majority
vote of the BCC.
E. Officers. The officers of the EAC shall be a chairman and a vice - chairman.
Officers' terms shall be for one (1) year, with eligibility for reelection. The
chairman and vice - chairman shall be elected by a majority vote at the
organizational meeting and thereafter at the first regular meeting of the EAC in
October of each year. The chairman shall preside at all meetings of the EAC.
The vice - chairman shall perform the duties of the chairman in the absence or
incapacity of the chairman. In case of removal, resignation, or death of the
chairman, the vice - chairman shall perform such duties as are imposed on the
chairman until such time as the EAC shall elect a new chairman. Should the
offices of chairman and or vice - chairman become vacant, the EAC shall elect a
successor from its membership at the next regular meeting. Such election shall
be for the unexpired term of said office.
8.06.05 Quorum and Voting
A simple majority of the appointed members of the EAC shall constitute a
quorum for the purpose of conducting business. An affirmative vote of five (5) or more
members shall be necessary in order to take official action, regardless of whether five
(5) or more members of the EAC are present at a meeting.
8.06.06 Rules of Procedure
A. The EAC shall, by majority vote of the entire membership, adopt rules of
procedure for the transaction of business and shall keep a record of meetings,
resolutions, findings, and determinations.
The following standing subcommittees comprised solely of the EAC's
membership shall exist to advance the duties and responsibilities of the EAC:
Growth management. The EAC may establish other subcommittees
comprised solely of its membership to facilitate its functions. Meetings of
the subcommittees shall conform to the same public notice requirements
as that of the EAC.
8.06.07 Compensation
Members of the EAC shall serve without compensation, but shall be entitled to
receive reimbursement for expenses reasonably incurred in the performance of their
duties upon prior approval of the BCC.
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8.06.08 Meetings
Regular meetings of the EAC shall be held on the first Wednesday of each
month at 9:00 a.m. or otherwise as determined by the County Manger or designee, in
the BCC's meeting room, third floor, building "F," Collier County Government Complex,
Naples, Florida. Special meetings of the EAC may be called by the chairman or by a
majority of the membership.
8.06.09 Evaluation of the EAC
The EAC shall be reviewed for major accomplishments and whether it is serving
the purpose for which it was created once every four (4) years commencing with 2003 in
accordance with the procedures contained in Collier County Ordinance No. 86 -41, as
amended.
8.06.10 Appeal
A. Any person aggrieved by the decision of the county manager or his designee
regarding any petition for which environmental issues cannot be resolved
between the applicant and staff in which there is no other avenue of appeal may
file a written request for appeal not later than ten days after said decision with
the EAC The EAC will notify the aggrieved person and the county manager or his
designee of the date time and place that such appeal shall be heard such
notification will be given 21 days prior to the hearing unless all parties waive this
requirement The appeal will be heard by the EAC within 60 days of the
submission of the appeal No less then ten days prior to the hearing the
aggrieved person and staff shall submit to the EAC and to the county manager
or his designee copies of the data and information they intend to use in the
appeal and will also simultaneously exchange such data and information with
each other Upon conclusion of the hearing the EAC will submit to the board of
county commissioners its facts findings and recommendations The board of
county commissioners in regular session will make the final decision to affirm
overrule or modify the decision of the county manager or his designee in light of
the recommendations of the EAC.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Department of Engineering, Environmental, Comprehensive
Planning and Zoning Services
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDC3:39
LDC SECTION(S): 3.05.07 H Preservation Standards
CHANGE: Add criteria for passive recreational uses allowed in preserves.
REASON: Required as part of the EAR -based GMP amendment to the Conservation
and Coastal Management Element Policy 6.1.1 (5) a. Policy 6.1.1 (5) a & b address uses
in preserves and state the following (underlined/strike through version provided to
identify changes adopted with the EAR -based GMP amendments):
The uses allowable within preserve areas are limited to:
a. Passive recreational uses that do not impact the minimum required vegetation or
cause a loss of function to the preserve area.
f lit _ + _ K a . Loss of
function to the preserve area includes a reduction or a change in vegetation within
the preserve and harming any listed species present in the preserve. More specific
standards that implement this policy shall be set forth in the land development
regulations and will address various types of construction that are compatible with
the function of the preserve The land development regulations will also provide
criteria to define appropriate assive recreational uses. The criteria will be
established to allow for passive recreational uses such as trails or boardwalks that
provide for access within the preserves providing the uses do not reduce the
minimum required vegetation or cause harm to listed species.
b. Receipt of treated stormwater discharge where such use including conveyance,
treatment and discharge structures does not result in aiw adverse impacts the
naturally occurring native vegetation to include the loss of the minimum required
vegetation and the harm to any listed species according to the policies associated
with Objective 7 1 as determined by criteria set forth in land development
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regulations. Discharge to preserves having wetlands requires treatment that will
meet water quality standards as set forth in Chapter 62 -302. F.A.C. and will
conform to the water quality criteria requirements set forth by the South Florida
Water Management District.
During the 2008 LDC amendment cycle a definition for Passive Recreation was included
in the LDC. This definition reads as follows.
"Passive Recreation: Activities characterized by a natural resource
emphasis and non - motorized activities. These activities are deemed to
have minimal negative impacts on natural resources; or are consistent with
preservation, enhancement, restoration and maintenance goals for the
purpose of habitat conservation. Examples of passive recreation include,
but are not limited to, bird watching and nature study, swimming,
picnicking, hiking, fishing and hunting, where appropriate."
GMP, Conservation and Coastal Management Element Policy 6.2.6 states the following
with regards to required wetland preservation areas, buffer areas, and mitigation areas
within the Urban Designation and Rural Fringe Mixed Use District:
"Land uses allowed in these areas shall be limited to those listed in
Policy 6.2.5(5)d of this element and shall not include any other
activities that are detrimental to drainage, flood control, water
conservation, erosion control or fish and wildlife habitat
conservation and preservation."
Uses listed in Policy 6.2.5(5)d are:
1. Passive recreational areas, boardwalks and recreational shelters;
2. Pervious nature trails;
3. Water management structures;
4. Mitigation areas;
5. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
During the 2008 CCPC hearings for LDC amendments, the CCPC asked staff to take a
look at existing pathways within preserves and to see if they were having a negative effect
on the preserves. In response, staff visited several preserves in the County. The widths of
the different pathways were measured and any visible negative effect on the preserves
from these structures, noted. The following is a list of preserves visited.
Collier County Freedom Park (Water Quality Park)
Boardwalks: 8 feet wide
Shelters along boardwalk: 15 feet x 15 feet
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Clam Pass County
Park
Main boardwalk:
11 /2 feet wide
Dune walkover:
5 V2 feet wide
Concession area:
120 feet x 105 feet at widest point
Golf carts:
44 inches wide
Pelican Bay North Beach Facility
Main boardwalk:
12 feet wide
Dune walkover:
6 feet wide
Concession area:
300 feet x 130 feet at widest point (including deck for golf carts)
Golf carts:
44 inches wide
Paved pathway:
11 feet wide
North Collier Regional Park
Main boardwalk: 8 feet wide
Other boardwalks: 6 feet wide
Concrete pathway: 8 feet wide
Six Mile Cypress Preserve (Lee County)
Entrance boardwalk: 5 feet wide
Main boardwalk: 4 %2 feet wide
Fiddlers Creek
Boardwalk: 5 feet wide
Shelter along boardwalk: 40 feet x 14 feet
First Assembly Ministries
Concrete pathway: 7 feet wide
Pelican Marsh
Golf course maintenance facility boardwalk: 13 %2 feet wide
Golf course concrete pathways: 8 feet wide
Golf carts: 44 inches wide
Audubon Society Corkscrew Swamp Sanctuary
Entrance boardwalk: 9 feet wide
Main boardwalk: 5 feet wide
Shelters: varied from 8 feet x 15 feet to 25 feet x 25 feet
Bay Fore st
Boardwalk: 6 feet wide
Overlooks: 35 feet x 25 feet and 18 feet x 13 feet
Paved pathway: 8 '/2 feet wide
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Autumn Woods
Concrete pathway: 6 feet wide (15 feet wide at junction with other pathways)
Other than for shading immediately below the boardwalks and elevated wooden
structures indicated above, there was no visible evidence that these elevated facilities
were having a detrimental effect on the preserves or other natural areas. One impervious
pathway was observed at ground level and this was in the Autumn Woods residential
subdivision. Although weeds were present throughout this preserve, these were probably
a result of historical use of the property for agricultural purposes and not due to
construction of the pathway. The pathways in Autumn Woods were also used as fire
breaks during the recent prescribed bum of the preserve by the State of Florida, Division
of Forestry.
All the other pathways observed by staff appeared to be constructed on water
management berms through or immediately adjacent to preserves or other naturally
vegetated areas. Where fill was added for construction of berms, encroachment with non-
native grasses and weeds occurred. The degree of encroachment varied and was
dependent on the type of habitat within the preserve, the hydrology, and species of weeds
brought in with the fill or sod. One facility, Pelican Marsh, stabilized the side slopes of
their golf cart paths with pine straw, where these were constructed adjacent to preserves
or other natural areas. These paths were, in some cases, as high as pathways constructed
on water management berms in other localities. No erosion or weeds were visible on the
slopes of the pathways at Pelican Marsh.
In evaluating the widths of pathways, staff also consulted with staff from the Collier
County Transportation Division. Staff from the Transportation Division uses the "Manual
of Uniform Minimum Standards for Design, Construction and Maintenance for Streets
and Highways (Commonly known as the "Florida Greenbook ")" in designing and
reviewing pathways for highways and other corridors. The Manual states the following
with regards to the width for "Shared Use Paths ".
"The paved width and operating width required for a shared use path are
primary design considerations. The minimum recommended width for a
paved two -way path is 10 feet. In many cases, it is desirable to increase the
minimum width to 12 feet. The width should be increased if there is
expected substantial use by bicyclists, probable shared use with joggers
and in -line skaters, steep grades, and locations where bicyclists are likely
to ride two abreast."
Although the Florida Greenbook is designed for pathways along roads and other
corridors, similar type uses could be expected to occur within parks and preserves, where
these facilities are available. The Collier County Comprehensive Pathways Plan Update,
Adopted: January 12, 2006, notes that "Users prefer to travel through areas that are
shaded, have visual relief or offer other visual and /or historic amenities ". During staff's
site visit to the preserve at Autumn Woods, staff noticed its use by skaters, supporting
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this statement. The pathway in the preserve at Autumn Woods is interconnected with
other concrete pathways within the subdivision, creating a larger continuous pathway.
One of the properties visited, Bay Forest, had canoes and kayaks stored on special racks
constructed on the sides of the boardwalk. These were probably launched from the shelter
at the end of the boardwalk, near where the boats were stored.
All the golf carts observed by staff on pathways were run with electric motors except for
the golf carts used at the maintenance facility for Pelican Marsh, which were gas
powered. The boardwalk through the preserve adjacent to this maintenance facility is only
used by maintenance personnel and not by residents. It is also wider than most, to
accommodate more frequent use by staff. Golf carts used for maintenance at Pelican
Marsh were often equipped with truck type beds to hold equipment, making them a little
wider than the carts used at the other facilities. The carts at Pelican Marsh were also used
to pull golf course maintenance equipment.
Two major issues of concern surfaced during stakeholders meetings held in 2009. These
were use of the preserve by golf carts, and the discussion of pervious vs. impervious
pathways.
During stakeholders meetings, some stakeholders expressed concern of allowing golf cart
paths within preserves. Bisecting of preserves by these pathways was a concern,
particularly if they are not elevated on a boardwalk. Other stakeholders felt that
reasonable use of preserves by golf carts should be allowed for access to the golf course.
It was argued that golfers, like other users, enjoy use of preserves. Preserves adjacent to
golf courses often enhance views of the courses.
Having golf cart paths separate from other uses was agreed upon by some of the
stakeholders, for safety concerns. Some preferred the tranquility of having pedestrian
pathways separate from other uses and cited the use of trams on the boardwalks at Pelican
Bay as an example of what they did not want. Others felt differently. Although most golf
courses do not want pedestrians walking along the course while golfers are playing, one
consultant mentioned that some do allow early morning and late afternoon walkers. Some
also felt that it makes sense to combine pedestrian and golf cart pathways where they
cross preserves, to minimize impacts to preserves.
Most of the golf cart paths within preserves that staff has seen, are elevated and limited in
where they cross the preserve, usually at narrow points along the preserve. According to
stakeholders from the development community, the cost of constructing and maintaining
these facilities along with the added expense in impacting State and Federal agency
jurisdictional wetlands and preserves, are the major reasons why they are not more
utilized. The amendment as proposed will allow golf carts within preserves, for access to
the golf course. The decision as to whether to allow golf cart paths to be used by other
than golfers will be left to the property owner.
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There was some consensus among stakeholders to encourage the use of pervious
pathways. Since pathways within preserves occupy only a very small percentage of
preserves, it was thought that the amount of impervious pathways within preserves could
be limited, to perhaps one percent of the area of the preserve, and that any pathways over
this area be required to be constructed of pervious materials or to consist of boardwalks.
They also asked if pervious pathways could be counted towards the minimum native
vegetation retention requirement, to further encourage their use. A cap on the amount of
pathways within preserves of up to 3 or 4 percent of the area of the preserve was also
suggested to prevent too much vegetation within the preserve from being impacted, if
pervious pathways were to count towards the minimum native vegetation retention
requirement. This limitation was considered reasonable since existing structures within
preserves, generally occupy less than this. One example, Autumn Woods, with a fairly
extensive system of pathways occupied only about 2.1 percent of the area of the preserve.
Rough calculations from a stakeholder from the development community showed that
this limitation would be enough for smaller preserves. A ten acre preserve was used for
this calculation. Concern later surfaced as to whether this would be enough for access to
even smaller preserves, about a half acre in size. Some stakeholders felt that an overall
cap on the amount of pathways should not be used if pervious pathways were not to count
towards the minimum native vegetation retention requirement. Currently the amount of
pathways within preserves are not restricted by the LDC, as long as the minimum native
vegetation retention requirement is met and there no loss of function to the preserve area
in accordance with CCME Policy 6.1.1 (5) a. At the request of stakeholders, a limit on the
amount of impervious pathways within preserves, up to one percent of the area of the
preserve, has been included in the amendment to encourage the use of pervious pathways
within preserves. Boardwalks can be used in lieu of pervious pathways. No other
limitation on the amount of pathways within preserves is included in the amendment, as
long as they do not impact the minimum required native vegetation or cause a loss of
function to the preserve, as required by CCME Policy 6.1.1 (5) a.
Although located primarily on water management berms through or adjacent to preserves,
the impervious pathways staff observed showed no signs that they were causing harm to
the preserves. Instead it was the importation of unwanted vegetation (weeds and grass)
from the fill or sod from these pathways, which caused a problem. As previously
mentioned, all the pathways observed by staff except for one, appeared to be constructed
on water management berms through or immediately adjacent to preserves or other
naturally vegetated areas. To offset this, provisions have been included in the amendment
to stabilize the side slopes of these water management berms and plant them with 100
percent south Florida native species compatible with the habitat present in the preserve,
when these berms are located in or adjacent to preserves. This was effectively done for
the pathways at Pelican Marsh. This is consistent with section 4.06.05 of the LDC, which
currently requires slopes adjacent to preserves to be planted with 100 percent Florida
native species.
Allowing structures and pathways to count towards the minimum native vegetation
retention requirement is not considered by staff to be consistent with CCME Policy 6.1.1
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(5) a. Policy 6.1.1 (5) a, states the following: "The uses allowable within preserve areas
are limited to: Passive recreational uses that do not impact the minimum required
vegetation or cause a loss of function to the preserve area. Loss of function to the
preserve area includes a reduction or a change in vegetation within the preserve and
harming any listed species present in the preserve." Replacing natural habitat within
preserves, whether vegetated or not, with structures or pathways removes that portion of
the habitat covered by structures, from the preserve and represents a loss of function that
portion of the habitat provided to the preserve.
Several environmental consultants felt that the all listed species should be included in the
proposed amendment, but to allow for appropriate FFWCC or USFWS permits or
authorizations to be obtained in order to construct pathways and other structures within
preserves, when listed species are present in the preserve. The amendment has been
revised to address their concerns.
Some stakeholders asked if the type of "shelters" could be clarified in the amendment and
were concerned of the uses they might allow. All shelters observed by staff in the parks
and preserves observed, have no walls. Most have benches for seating and railings when
elevated. One shelter, located in Six Mile Cypress Preserve in Lee County, had an
amphitheater for educational programs and weddings. Some also had interpretive /
informational signage or lattice type work for decoration. Based on these observations,
staff recommends shelters within preserves, be limited to those without walls. This would
allow for all the uses and structures identified above.
During stakeholders meetings, one stakeholder expressed a desire to include vesting
language in the amendment. Recommendations from both the Office of the County
Attorney and Zoning and Land Development Review Department Director were to not
include language at this time and that the issue would be covered by the non - conforming
structure section of the LDC.
During the DSAC LDR Sub - committee meeting, the Sub - committee asked if staff could
clarify in the LDC amendment what a loss of function in accordance CCME Policy 6.1.1
(5) a means. They were concerned that the second sentence in the GMP Policy, if
included in the LDC as written, would not allow for any uses within preserves. To clarify,
staff included in the amendment the types of "changes in vegetation" that would be
considered "unacceptable" in accordance with the GMP Policy.
FISCAL & OPERATIONAL IMPACTS: Additional cost will be incurred upon the
applicant to permit and construct recreational facilities within preserves. Recreational
facilities also make a community a more desirable place in which to live, thereby
increasing property values.
General estimates from staff from the Parks and Recreation Department give the
following with regards to the cost of construction for boardwalks and pathways. Actual
costs will vary due to market conditions, contract negotiations, etc.
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Boardwalks: $30 -$50 square foot (wooden boardwalk with plastic deck)
$180 -$300 linear foot (6 foot wide boardwalk)
$70 square foot (IPE lumber)
Concrete: $2 -$3 square foot
Asphalt: $2 square foot
Actual bids for the boardwalk at the County Freedom Park ranged from $585 - $784 per
linear foot, for an 8 foot wide IPE lumber boardwalk. (IPE wood typically comes from
tropical South - Central America and is a very strong hard dense wood, extremely resistant
to attack and decay by fungi and termites. IPE lumber includes not only IPE wood, but
also a number of other similar species which share similar properties.)
Information provided by stakeholders from the environmental community showed that
pervious concrete cost about 10 to 20 percent more to install than impervious concrete.
Ground prep for installation of pervious and impervious concrete pathways was shown to
be about the same. Most, if not all, the golf cart paths staff has seen in the county are
constructed of concrete. Maintenance costs for concrete paths are less over time than
asphalt, according to stakeholders.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based
GMP amendment to CCME Policy 6.1.1 (5)(a).
OTHER NOTESNERSION DATE: Created January 25, 2010.
Amend the LDC as follows:
3.05.07 Preservation Standards
H. Preserve standards.
1. Design standards.
. . . . . . . . . . . .
0
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h. Allowable uses within County required preserves. Passive
uses are allowed within preserves to provide for access to
the preserve, as long as any clearing required to facilitate
these uses does not impact the minimum required native
vegetation or cause loss of function to the preserve. Loss
of function to the preserve includes unacceptable changes
in vegetation within the preserve or harming any listed
species present in the preserve. Unacceptable changes in
vegetation within preserves include replacement of
indigenous vegetation with non - native or weedy species,
changes in vegetative composition which are inconsistent
with target plant communities or die -offs of vegetation
which are inconsistent with tarqet plant communities.
i. The following passive uses are allowed within
preserves.
a) Pervious and impervious pathways and
boardwalks, subject to the following criteria:
Pedestrian pathways shall be kept to
a maximum width of 8 feet. Greater
widths may be allowed in high use
areas or where the pathways serve
as fire breaks in accordance with a
fire suppression plan approved by
the State of Florida. Division of
Forestry.
ii) Shared use paths for use by golf
carts, trams, bicycles, ioggers, etc.
shall be kept to a maximum width of
12 feet. Greater widths may be
allowed in high use areas or where
the pathways serve as fire breaks in
accordance with a fire suppression
plan approved by the State of
Florida. Division of Forestry. Golf
cart paths for golf course use shall
be designed for golf course access
only.
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iii) Impervious pathways shall be limited
to no more than one percent of the
area of the preserve. Pathways over
this amount shall be either pervious
pathways or boardwalks.
iv) Where feasible. pathways shall be
designed to maintain existing
vegetation and larger trees.
Pathways in scrub habitat lacking
canopy should be avoided.
V) Where a minimum preserve width of
20 feet cannot be maintained on
either side of pathways, the pathway
shall be located on either side of the
preserve. Use of pathways within
the preserve setback is encouraged
in these locations.
vi) Pathways shall not interfere with the
nests, dens, burrows or roosts of
listed species or the nests of bald
eagle, unless permitted or
authorized by the FFWCC or
USFWS.
vii) Pathways, other than boardwalks,
shall be at or on natural grade
unless constructed on berms for the
y stormwater management system.
Slopes for stormwater management
berms in or adiacent to preserves
shall be stabilized and planted with
100% south Florida native species
compatible with the habitat present
in the preserve.
b) Shelters without walls.
C) Educational sianaae and bulletin boards
located on or immediately adiacent to the
pathway.
d) Benches for seating
e) Viewing platforms
f) Wildlife sanctuaries for indigenous free
roaming wildlife. Wildlife parks. wildlife
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rehabilitation centers and similar type uses,
with non- indigenous wildlife, or caged or
enclosed wildlife, shall not be allowed within
preserves.
g1 Conservation related activities comparable
in nature with the aforementioned uses, as
determined by the County Manager or
designee
(See Stormwater Uses in Preserves amendment)
iii. No setback from preserves is required for fences,
or retaining walls permitted as part of the
stormwater management system. Decorative walls
must be set back a minimum of five feet from the
boundary of preserves. Permanent fences and
walls are prohibited within preserves unless
approved by the FFWCC or USFWS as part of an
approved wildlife management plan in accordance
with 3.04.00. Where construction of such structures
impacts native vegetation in the preserve, a
restoration plan shall be provided and included as
part of the preserve management plan. No
trenching for wall /fence installation is allowed within
10 feet from preserve boundary, unless adjacent to
a fire break in the preserve. Trenching is allowed
for installation of gopher tortoise fencing pursuant
to FFWCC Gopher Tortoise Permitting Guidelines
and for retaining walls designed to minimize
impacts to native habitat and wetlands, such as
those permitted as part of the stormwater
management system.
iv. No setback from preserves is required for
impervious or pervious pathways, or other
structures allowed within preserves pursuant to this
section.
V. In those areas of Collier County where oil
extraction and related processing is an allowable
use, such use is subject to applicable state and
federal oil and gas permits and Collier County non -
environmental site development plan review
procedures. Directional - drilling and /or previously
cleared or disturbed areas shall be utilized in order
to minimize impacts to native habitats, where
determined to be practicable. This requirement
shall be deemed satisfied upon issuance of a state
permit in compliance with the criteria established in
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Twit OF kethmugh 16 GUFMAt Wilt tG be deleted
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Chapter 62C -25 through 62C -30, F.A.C., as those
rules existed on January 13. 2005, regardless of
whether the activity occurs within the Big Cypress
Watershed, as defined in Rule 62C- 30.001(2),
F.A.C. All applicable Collier County environmental
permitting requirements shall be considered
satisfied by evidence of the issuance of all
applicable federal and /or state oil and gas permits
for proposed oil and gas activities in Collier County,
so long as the state permits comply with the
requirements of Chapter 62C -25 through 62C -30,
F.A.C. For those areas of Collier County outside
the boundary of the Big Cypress Watershed, the
applicant shall be responsible for convening the Big
Cypress Swamp Advisory Committee as set forth in
Section 377.42, F.S., to assure compliance with
Chapter 62C -25 through 62C -30, F.A.C. even if
outside the defined Big Cypress Watershed. All
access roads to oil and gas uses shall be
constructed and protected from unauthorized uses
according to the standards established in Rule
62C- 30.005(2)(a)(1) through (12), F.A.C.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Department of Engineering, Environmental, Comprehensive
Planning and Zoning Services
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDC3:39
LDC SECTION: Section 3.05.07 Preservation Standards
CHANGE: Add criteria for when treated stormwater is allowed in preserves.
REASON: The addition of criteria to identify when treated stormwater would be
allowed within preserves is required as part of the EAR -based GMP amendment to
Conservation and Coastal Management Element (CCME) Policy 6.1.1 (5) b. Policy 6. 1.1
(5) a & b address uses in preserves and state the following (underlined/strike through
version provided to identify changes adopted with the EAR -based GMP amendments):
The uses allowable within preserve areas are limited to:
a. Passive recreational uses that do not impact the minimum required vegetation or
cause a loss of function to the preserve area. soeh as pefvieus fla e fai
n are allowed-W.—Ha areas, as l° as any el ° °a pfesepve
f uvrlit ucc these t ^ et the °° , °a "gelation. Loss of
function to the preserve area includes a reduction or a change in vegetation within
the preserve and harming any listed species present in the preserve. More specific
standards that implement this policy shall be set forth in the land development
regulations and will address various types of construction that are compatible with
the function of the preserve The land development regulations will also provide
criteria to define appropriate passive recreational uses. The criteria will be
established to allow for passive recreational uses such as trails or boardwalks that
provide for access within the preserves providing the uses do not reduce the
minimum required vegetation or cause harm to listed species.
b. Receipt of treated stormwater discharge where such use including g onveyance
treatment and discharge structures does not result in adverse impacts the naturally
occurring, native vegetation to include the loss of the minimum required
vegetation and the harm to any listed species according to the policies associated
with Objective 7 1 as determined by criteria set forth in land development
regulations Discharge to preserves having wetlands requires treatment that will
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meet water quality standards as set forth in Chapter 62 -302. F.A.C. and will
conform to the water quality criteria requirements set forth by the South Florida
Water Management District.
The LDC amendment proposed was drafted by stakeholders. At the request of other
stakeholders, an additional allowance for a pre and post hydro - period analysis has been
added to the amendment, to demonstrate that stormwater in preserves will not result in
adverse impacts to native upland vegetation.
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 in which to review and design projects by.
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, limiting the amount of land that can be used for structures, parking and
the like. Cost of providing additional storage will vary based on the design of the project
and cost of land.
Additional water added to preserves could result in changes to the habitat within. Die -offs
of native vegetation, or an increase in exotic or nuisance vegetation could result, if not
designed properly. Restoration of habitat within preserves as a result of die -offs would
add additional cost to the developer or homeowners.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR -based
GMP amendments to CCME Policy 6.1.1 (5) b.
OTHER NOTES /VERSION DATE: Created January 25, 2010.
Amend the LDC as follows:
3.05.07 Preservation Standards
+ + + + + + + + + + + +
H. Preserve standards.
1. Design standards.
+ + + + + + + + + + + +
h. (See Recreational Uses in Preserves amendment)
+ + + + + + + + + + +
ii Stormwater subiect to the following criteria.
a) Nothing in this section shall exempt any
system from complying with the stormwater
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management design standards as set forth
by the South Florida Water Management
District.
b) Preserve areas shall not be used to meet
water quality requirements as set forth in
Section 5.2.1(a) of the Basis of Review for
Environmental Resource Permit
Applications for the South Florida Water
Management District or the Watershed
Management regulations of Section 3.07.00.
C) Discharge of stormwater into a preserve
shall be in a controlled manner to prevent
erosion, scour, and to promote even
distribution.
d) Stormwater may be discharged into
preserves comprised of:
0 jurisdictional wetlands and the
minimum required upland buffer
around these wetlands in
accordance with an approved
SFWMD Environmental Resource
Permit (ERP);
ii uplands comprised primarily (greater
than 50 percent by area) of hvdric
soils as mapped by the Natural
Resources Conservation Service
(NRCS) or as determined by in situ
hydric indicators;
iii non -jurisdictional areas dominated
by hydrophytic (Obligate (OBL) &
Facultative Wet (FACW)) vegetation.
iv or a combination thereof.
e) Where preserves include uplands
comprised of greater than 50% by area of
non - hvdric soils and not addressed in d
above, stormwater may be discharged into
said preserves provided the following
criteria are met:
If gopher tortoise, red - cockaded
woodpecker, Big Cypress fox
squirrel scrub jay or the nests of
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bald eagle are 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;
ii Demonstration that the upland
portion of the preserve is not
inundated for more than 30
consecutive days during a reference
wet season, as demonstrated
through stormwater modeling. For
the purpose of this subsection, the
reference wet season is May 1996
through October 1996. In this
context, inundation means water
levels averaging greater than 2"
above the average ground surface of
the preserve;
or, if recorded peak stage and hydro
period data exists specific to the
subject site, the applicant must
demonstrate that the addition of
storm water to the preserve will not
cause water levels to average
greater than 2" above the recorded
peak stage of that storm event for
more than 30 consecutive days
following the event.
iii Stormwater shall not be directly
discharged into 322. 413. or 421
FLUCFCS Codes.
f) 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 may
be placed in a drainage easement.
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a) Where stormwater discharges are allowed
in preserves, the Preserve Management
Plan as required in 3.05.07 must include a
monitoring program. In the event
stormwater introduced into a preserve
results in unacceptable changes to the
vegetative composition of a preserve or die -
offs of vegetation which are inconsistent
with target plant communities, then a
remediation plan must be provided and the
Preserve Management Plan revised
accordingly.
h) Stormwater shall be allowed in preserves in
the RLSA - WRA areas in accordance with
section 4.08.00 Rural Lands Stewardship
Area Overlay District standards and
procedures.
i) 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
resulting from the proposed deviations. The
process for obtaining deviations shall follow
the procedure as set forth in Chapter 2,
Article VIII, Division 23 of the Code of Laws
and Ordinances; appeal before the EAC,
and shall be heard at a public hearing of the
EAC. No deviations shall be granted for
322.413, or 421 FLUCFCS Codes.
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