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EAC Minutes 03/07/20127, 2012 MINUTES OF THE MEETING OF THE COLLIER OUNTY ENVIRONMENTAL ADVISORY COUNC p 3(3 3 9 W 13 Naples, Florida, March 7, 2012 % APR 0 4 2012 LET IT BE REMEMBERED, the Collier County Environmental Advisory Council, in and for the County of Collier, having conducted business Herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: Dr. Judith Hushon % VICE CHAIRMAN: Andrew Dickman Fiala — Michael V. Sorrell Hiller David Bishof Henning Gina Downs Coyle ✓ Coletta Gary McNally (Alternate) ALSO PRESENT: Steve Williams, Assistant County Attorney Summer Araque, Sr. Environmentalist Specialist Stephen Lenberger, Sr. Environmental Specialist Fred Reischl, Sr. Planner Caroline Cilek, Sr. Planner Ray Bellows, Zoning Manager Mac Hatcher, Sr. Environmental Specialist Jerry Kurtz, Stormwater and Environmental Planning Manager Barry Williams, Director, Parks and Recreation Department Misc. Comes: o a12 11 2 rem # �l eZ2�$ 1 Codes lo: March 7, 2012 I. Call to Order Chairman Hushon called the meeting to order at 9:OOAM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Dickman moved to approve the Agenda. Second by Mr. SorreA Carried unanimously 4 -0. IV. Approval of the February 1, 2012 meeting minutes Ms. Downs moved to approve the minutes of the February 1, 2012 meeting as submitted. Second by Mr. Dickman. Carried unanimously 4 - 0. Mr. Bishof arrived at 9.-02 am V. Upcoming Environmental Advisory Council Absences Mr. Dickman will be absent in April Mr. Sorrell may be absent in July. VI. Land Use Petitions None VII. New Business A. Surface Water Management Business Plan — Jerry Kurtz The following documents were submitted for information purposes: • Memorandum to the Environmental Advisory Council (EAC) from Jerry Kurtz — dated February 22, 2012 — Subject: "Surface Water Management Business Plan Needs Analysis - Project Listing and Categorization." • "Project Management Plan (PMP) for: Surface Water Management Business Plan — Collier County Project No. 51144" dated November 14, 2011 Jerry Kurtz provided an overview of the status of the development of the Business Plan which will be utilized to implement the Watershed Management Plan. VIII. Old Business A. Watershed Management Plan Update — Mac Hatcher The following documents were submitted for information purposes: • Memorandum to the Environmental Advisory Council (EAC) from Mac Hatcher — dated February 15, 2012 —Subject: "Watershed Management Plan Implementation Strategy. "" • Executive Summary "Recommendation for the Board of County Commissioners (Board) to accept the Watershed Management Plan (WMP) and direct the County Manager or designee to implement the WMP Initiatives utilizing existing Staff and Budget. 2 7, 2012 Mac Hatcher provided an update on the status of the Plan including a overview of the "Watershed Management Plan Task Schedule." B. LDC Amendments — Review by EAC Caroline Cilek, Sr. Planner presented the "2012 Cycle I LDC Amendment Drafts for Environmental Advisory Council Review on 317112" for consideration. The Council considered the following proposed amendments: 3.05.07.H. 1. g - Preservation Standards removal of exotic Stephen Lenberger presented the proposed Amendment noting the concept was developed by the Collier Building Industry Association (CBIA) and is proposed by Staff. He reported the proposed Amendment would require the County to develop a "wetlands program" to implement the Amendment. LDC SECTION(S): 3.05.07 Preservation Standards I-- CHANGE: Allow removal of exotic vegetation to count towards mitigation for impacts t jurisdictional wetlands within the Rural Fringe Mixed Use District ( RFMUD). Andy Woodruff of Passarella Associates, Robert Mulhere of Mulhere and Associates (volunteers) represented the CBIA and noted: • Exotics removal is not currently counted as wetland mitigation in the RFMUD and they expressed concern these areas are treated different than the Urban Area or Rural Land Stewardship Area where the removal of the exotics is counted as mitigation if it is in conformance with any jurisdictional agencies requirements. • This policy creates an unequal burden for property owners in the RFMUD and encourages urban sprawl as developers may seek alternative lands to develop. • On the concern of "double dipping of benefits" at the time of development of the RFMUD policies the Program was intended to be incentivized in numerous ways to assist in protecting the highest value environmental lands in the District. • There is benefit in removing the exotics on high value environmental lands and the County intended to, and should continue to promote any incentives to protect these lands by adopting the proposed policy. Speakers Brad Cornell, Collier County Audubon Society addressed the Council stating they are not in support of the proposed amendment as recent research indicates policies for clearing of exotics as mitigation strategies for wetland enhancement are out of date. The RFMUD policy developed in 2002 — 2003 o N i exotic removal to count as mitigation was based on best available science try. Based on scientific grounds, he requested the Council to recommend the proposed amendment not be adopted. The Society would be available to assist the County in developing a wetlands program, if necessary. Jeremy Frantz, Conservancy of Southwest Florida agreed with Mr. Cornell and stated there are already incentives in place for landowners in the RFMUD. He expressed concern the policy would promote degradation of the environmental quality of t e lands in question. 3 March 7, 2012 The original policy when developed, did not allow for exotics removal to count as mitigation and the policy should remain in place. Council discussion occurred noting the Program as exists, is incentive based, however the proposed policy may have a negative impact on the overall County goal of improving the quality of wetlands by allowing credit for mitigation in areas where further mitigation is currently required for wetlands located on and/or off the proposed site. Ms. Downs moved to recommend the Board of County Commissioners not adopt the proposed Amendment. Second by Chairman Hushon. Motion jailed 2 'des"— 3 "no." Mr. Dickman, Mr. Sorrell and Mr. Bishof voted "no." Mr. Dickman moved to recommend the Board of County Commissioners not adopt the proposed Amendment and Staff return the proposal in the next Land Development Code Amendment Cycle with a provision for utilizing criteria to analyze a projects required mitigation on a "case by case" basis. Second by Mr. Sorrell. Motion carried 4 "yes" — I "no." Mr. Bishof voted "no." Mr. Bishof expressed concern the proposed policy may createAdisincentives for parties interested in developing in these areas, thereby not improving the existing quality of the environmental lands associated with a project. Although there are existing incentives built into the Program, interested parties may seek to develop other lands in the County where large f exotics are not present on the lands in question. &r ar iA4 4.07.02 - Design Standards for PUD usable open space Caroline Cilek presented the proposed Amendment noting the concept was developed by the Collier Building Industry Association (CBIA) and is proposed by Staff. It is proposed as an "Interim Amendment." LDC SECTIONN: 4.07.02 Design Standards for Planned Unit Developments 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts CHANGE: Currently, the LDC requires that a Residential Planned Unit Development (RPUD) and the Base zoning districts contain a minimum of 60 percent usable open space. Tim Hancock, Davidson Engineering (volunteer) represented the CBIA noting: • The existing policy is not functional and promotes an unproportional amount of open space in some types of developments thereby creating unnecessary pressure on other lands to be developed. • The definition of "open space" needs to be revised as tennis courts, community swimming pools and other types of improvements may be counted in open space calculations, however, house yards and private swimming pools are not counted as open space. n March 7, 2012 Council discussion occurred noting the current policy is functional for large communities with amenities such as golf courses and other recreational improvements. It may be advisable to place an acreage limit on the proposed amendment. Sneaker Jeremy Frantz, Conservancy of Southwest Florida noted they are not opposed to redefining the open space criteria, however consideration should be given to an acreage limit or tiered approach for the proposed policy. Chairman Hushon moved to recommend the Board of County Commissioners adopt the proposed Amendment subject to the language of 4.07.02. G.1 be amended to read "Within PUD districts less than 20 acres in size, composed entirely of residential dwelling units..." Second by Ms. Downs. Ms. Downs moved to amend the motion to include the original motion and recommend the proposed Amendment be adopted as an "Interim Amendment. " Second by Chairman Hushon. Motion carried unanimously 4 "yes " — I "no." Mr. Sorrell voted "no." Mr. Sorrell indicated his "no" vote is due to concerns the proposed amendment in its current state is "too onerous" and does not include a provision to include house yards as usable open space. 4.05.02 Design Requirements and 4.05.04 - Parking Space Requirements grass parking Barry Williams, Director, Parks and Recreation Department presented the proposed Amendment reporting it was reviewed previously by the Council and returned for final review. LDC SECTION(S): 4.05.04 Parking Space Requirements CHANGE: Exempt Public Parks of the requirement of a maximum of 15% grass parking Council discussion occurred noting the proposed amendment does not promote the use of grass parking in private developments. Staff noted private developments and other applicable uses will be addressed in development of the Low Impact Development standards. Barry Williams, Director, Parks and Recreation reported the amendment is proposed by the Parks and Recreation Department for use at their facilities. The issue arose at the development of the Gordon River Greenway site plan where the design was restricted by the current policies. Mr. Sorrell moved to recommend the Board of County Commissioners not adopt the proposed Amendments as currently written. Second by Mr. Dickman. March 7, 2012 Mr. Sorrell withdrew the motion. Council discussion occurred noting if the intent is for the requirement to be applicable to facilities developed by the Parks and Recreation Department, it may be easier to reword the proposed amendment to allow for those uses. Chairman Hushon moved to recommend the Board of County Commissioners amend existing Section 4.05.02.B.I.a, to read - "Up to seventy (70%) percent of the parking spaces for public parks, houses of worship and schools..." with Section 4.05.04 — Parking Space requirements to as currently exists. Second by Mr. Sorrell. Carried unanimously 5 — 0. Chairman Hushon moved to recommend the Board of County Commissioner allow Section 4.05.04.D — Parking Space Requirement to remain "as is. " Second by Mr. Sorrell. Carried unanimously 5 — 0. Break: 12:13pm Reconvened.• 12:45pm Mr. McNally replaced Mr. Dickman on the Council 5.03.06 - Dock Facilities new administrative process Ray Bellows, Zoning Manager presented the proposed Amendment. LDC SECTION(S): 5.03.06 Dock Facilities CHANGE: Currently, all boat dock extensions are reviewed by the Collier County Planning Commission. To approve the boat dock extension, the Planning Commission must find that 4 of 5 primary criteria (Sec. 5.03.06 H) are met and that 4 of 6 secondary criteria are met. The proposed amendment would provide an administrative approval process for single family residential boat dock extensions, similar to the commercial boat dock extension process. Council discussion occurred on the standards proposed including the width and/or length standards for docks including the ramifications of cases where there are docks on both sides of the waterway may potentially restrict navigation. Chairman Hushon moved to recommend the Board of County Commissioners adopt the proposed Amendment subject to the following changes: 1. 5.03.06.H.3.a.iii —line I —to read "The proposed boat dock facility and boat shall not..." 2. 5.03.06H.3.b.i — line 4 - to read "...maintenance. Reasonable deck width shall be considered up to 5 feet. " rel March 7, 2012 3. Addition of language from previously proposed in Section 5.03.06H.3.b.ii "For single family dock facilities, the dock facility shall not exceed 50 percent of the subject property's linear waterfront footage. " 4. Incorporate the recommended language regarding "boat dock facility and boat" in other areas of the Amendment where necessary. Second by Mr. McNally. Carried unanimously S — 0. 3.05.02.G.8 - Exemptions from Requirements create an exemption removal permits Stephen Lenberger presented the proposed Amendment LDC SECTION(S): 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation CHANGE: Create an exemption from having to obtain vegetation removal permits for environmental restoration projects on publically owned land. Staff is considering adding language on making the requirement subject to areas subject to "approved management plans." Ms. Downs moved to recommend the Board of County Commissioners adopt the proposed Amendment. Second by Mr. Sorrell. Carried unanimously S — 0. 3,05.02.G 1 -7 Exemption from Requirements for Vegetative Protection; Preservation 3.05.05 - Criteria for Removal of Protected Vegetation 4 06 04 Trees Vegetation Protection - 10 0102 Development Orders Requirements Stephen Lenberger presented the proposed Amendment noting it had been recommended for approval by the EAC at the February 1, 2012 meeting, but Staff had made further revisions to the proposed Amendment. LDC SECTION(S): 3.05.02 G Exemptions from Requirements for Vegetation Protection and Preservation 3.05.05 Criteria for Removal of Protected Vegetation 4.06.04 Trees and Vegetation Protection 10.01.02 Development Orders Required CHANGE: Restructuring of 4.06.04 for clarification Changes to re- vegetation requirements Allow Site Improvement Plans (SIPS) to qualify for Early Clearing, and Vegetation Removal and Site Filling. Remove 50 acre per application restriction on lot preparation. Eliminate requirements for removal of stockpiles after 18 months. Change bond amounts for Early Work Authorizations (EWA) Allow more time to obtain approval of an SDP, SIP or PPL, once the EWA is issued. Also allow applicants to request another EWA if more time is needed. 7 March 7, 2012 Corrections /revisions to LDC citations and scrivener's errors Amend related sections as needed Add exclusion for Golden Gate Estates subdivision Chairman Hushon moved to recommend the Board of County Commissioners adopt the proposed Amendment as revised by Staff subject to renumbering Section 4.06.04A.3 to 4.06.04.A.4. Second by Mr. Bishof. Carried unanimously S — 0. 10.2.06.E - Submittal Requirements for Permits Enforcement and Penalties Stephen Lenberger presented the proposed Amendment LDC SECTION(S): 10.02.06 Submittal Requirements for Permits CHANGE: Update and identify minimum requirements for replacement of vegetation which has been cleared illegally. Cross reference applicable sections of LDC for minimum standards to apply. Add requirement for a time zero monitoring report. Give respondents the option of submitting first and second year follow -up monitoring reports to document condition and survivability of mitigation plantings. The LDC currently requires a minimum of two follow -up monitoring reports, submitted at one -year intervals. Grammatical and other corrections Chairman Hushon moved to recommend the Board of County Commissioners adopt the proposed Amendment as revised. Second by Mn McNally. Carried unanimously S — 0. 9.04.08 - Administrative Adiustment new process DSAC Stephen Lenberger presented the proposed Amendment. LDC SECTION(S): 9.04.08 Administrative Adjustment CHANGE: The LDC provides several forms of relief and flexibility for dimensional, technical and land related hardships. Variances, defined in Section 9.04.03, provide relief for a non self- imposed land related hardships. Administrative variances, Section 9.04.04, are limited to "minor after - the -fact yard encroachments for structures, including principal and accessory structures." Both residential and non - residential structure encroachments may be approved. Ms. Downs moved to recommend the Board of County Commissioners adopt the proposed Amendment. Second by Mr. Sorrell. Speaker March 7, 2012 Jeremy Frantz, Conservancy of Southwest Florida expressed concern on reducing the setbacks required in these cases as the quality of preserves may be negatively impacted due to encroachment of the accessory uses. In addition, the mitigation and criteria for approval proposed in the Amendment are not specific enough and should be clarified. Council discussion occurred noting there are no criteria proposed to limit the size of the use subject to the reduced setback dimensions (i.e. less than 50 percent of the use /structure may be subject to the dimensional reduction, etc.) Ms. Downs withdrew the motion. Caroline Cilek stated the proposed Amendment will be returned for consideration at a future date. C. Update members on projects Summer Araque reported the application for the Gordon River Greenway Special Treatment Application was approved by the Board of County Commissioners. IX. Council Member Comments Mr. Sorrell reported the Hamilton Harbor Manatee Signage is a good example for required signage required by the County in these types of applications. The Council recommended Staff move forward and begin to prepare Land Development Code Amendments for grass parking standards in private developments or other areas as applicable. The Council requested Staff to forward any information to members Staff has garnered on the subject on the payment of Gopher Tortoise relocation fees and the subsequent expenditures of those funds. X. Staff Comments Jerry Kurtz reported Mac Hatcher is retiring at the end of March, 2012. The Council authorized the Chairman to send a letter to Mr. Hatcher expressing their appreciation for his work with the EAC and recognize his service to the citizens of Collier County. Staff reported LIDAR maps will be included with any application when necessary. XI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 2:01 PM. E March 7, 2012 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Ch irman, Dr. Judith Hushon These Minutes were approved by the Board/ - hairman on as presented , or as amended 10