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BCC Minutes 12/07/1993 W (HPO and NRPA) Naples, Florida, December 7, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 3:20 P.M. in WORKSHOP SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Betrye J. Matthews Sue Barbiretti, Recording Secretary; Neil Dorrill, County Manager; Ken Cuyler, County Attorney; Fran Stallings, Natural Resources Director; and Bill Lorenz, Environmental Services Administrator. Page December 7, 1993 (09o) I~:RAS~OP TO ADDRESS XSSUK8 RELATING TO A IDU~ZTAT PROTECTION ORDZNANCK (KPO) AND ~ ![AtqlRAL RESOURCES PROTECTION AREAS PROGRAM (NRPA) - TO BI DXSCl~SSKD }q31tTHKR ON ~A~UARY i, 1994 e Mike Davis, Chairman of the Environmel~tal Protection Technical Advisory Board (EPTAB), stated that today's topic is a vision of how we wish our County to appear environmentally in the future. Re emphasized that EPTAB is not simply a group of environmentallets, but a broad based group of citizens concerned about our environment and also mindful of property rights, taxes and our economic base. Mr. Davis noted that rodaye workshop will only address the Natural Resource Protection Area (HRPA) concept as a mechanism to bring forth in the future individual proposed NRPAts. David Land, member of EPTAB, stated that by the year 2060, the pro~ected population in Collier County is estimated to be ~,000,000 people. Mr. Land remarked that when looking at the Florida Department of Transportation map of the County, we almost have two di~fere~t coun- ties in one, the southern and eastern portion o~ the County and the western and northern portion or the County that only includes a small portion in public hands. Mr. Land reported that it is Staff*e understa~ding based on direc- tion ~rom the Board that we are currently using three protection tools; the UniZied Land Development Code ~ULDC), the Habitat Protection Ordinance (HPO) and the NRPA program. He stated that the ULDC ~ocuses on landscaping, greenspace requirements and vegetation removal. He remarked that the proposed HPO wou~d prioritize the habi- tat that is to be protected and attempt to link habitats between pro- ~ects. He declared that the HRPA's are designed to address key natural systems. Mr. Land revealed that there are two positions as to what the Board should do with the HPO and NRPA process; noting the ULDC should be combined with all existing and proposed public lands to provide Page 2 December 7, 1993 adequate protection for the County. He contended that the other posi- tion An which additional habitat and systems protection is required is in the western/northern third of the County and the Comprehensive Plan can only be in compliance through the adoption of the NRPA and the HPO. David Maehr, member of EPTAB, described an aerial video tape of Camp Keats Strand and explained why this area should be protected. In response to Commissioner Volpe, Mr. Land replied that there are no restrictions on agriculture within this particular NRPA. Commissioner Constantine requested clarification on this point. Mr. Land indicated that 100~ of the vegetables produced by three of the largest vegetable operations in Florida are produced on one side or the other of this Strand and that these companies have great concern on any restrictions that will occur now or in the future. Mr. Land revealed that if existing re~ulations adequately protect the various objectives the Board could recognize this as an environ- mentally important area and do nothing beyond that. He indicated that the objectives that EPTAB feels are not adequately protected are remaining native uplands and the spread of exotics. In answer to Commissioner Volpe, Mr. Land explained the procedure that would be followed in order to identify NRPA's; that someone, be it the Board, EPTAB, etc., identify an area that could be an NRPA, then Staff would do preliminary work and give the results to EPTAB, if EPTAB felt there is sufficient merit to proceed, Staff would move for- ward with an evaluation, and that process would involve the public. He indicated that at the completion of that process, the results would be brought back to EPTAB, and if the area is still found to have merit, the issue would be brought before the Collier County Planning Commission then the Board of County Commissioners, and if the F~oard approved they would then direct Staff and EPTAB to prepare the necessary ordinances, management programs and boundaries. In response to Commissioner Constantine, Mr. Land replied that Staff, KPTAB and the Board of County Commissioners could suggest an Page 3 December 7, 1993 ~::~' area be considered for an NRPAo "" Commissioner Constantine expressed his concern tn the potential of creating hours of work for Staff without any direction from the Board. Mr. Land concurred with this concern and agreed that the Board must address this issue. Commissioner Volpe asked if anyone has looked at what occurs when any area is designated as it relates to private property rights, whether we have inverse condemnation under legislation that is currently being introduced? Mr. Land stated that at some stage the Board will be asked if this is an appropriate area to go through the complete process for con- sideration as an NRPA. In response to Commissioner Norris, Mr. Land replied that ::~ depending on what modifications are made to the LDC, there are systems in the western/northern area that need to be looked at as systems not on a project by project basis, and EPTAB feels that the NRPA program in some form is needed. / Mr. Davis thanked the Board for providing the opportunity fo~ this 7. workshop. He asked for definitive direction for Staff in the future '~-.'. to answer how the requirement in the GMP for NRPA program may be addressed. Mr. Land concluded that it is the opinion of EPTAB that in the 600 square miles, additional work and programs must be established to address certain key systems to insure the environmental values they provide are not permanently lost and that they feel that the NRPA program can be Lti/ized as that procedure. He stated that something in addition to what exists needs to be adopted to address the systems in the western/northern area of the County. The following people spoke on the subject: Barbara Cawley Rodney Robins BIll Neron Dave Addison Brad Cornell Chris Stratton Commissioner Volpe remarked that the last time this issue came before the Board, Staff had identified the potential NRPA's, and the Page 4 December 7, 1993 direction given to Staff was to look at those areas and see what existing regulations are already In place. William Lorenz, Environmental Services Administrator, declared that in January, Staff was directed not to proceed with the NRPA program. He stated that the next direction was given at the HPO hearing, and at that point the Board directed Staff to continue with the NRPA program and Integrate the HPO into It. In response to Commissioner Volpe, Mr. Lorenz replied that there is no way for Staff to provide the Board with a complete anaylsts of where regulations are not adequate as each area must be reviewed separately. Commissioner Saunders announced that a mechanism must be established to protect the ecological systems described tonight. Mr. Lorenz revealed that an Investment of time is needed to establish each NRPA. He suggested that Staff could present the Board with a ranked list of areas that EPTAB has currently Identified. Commissioner Saunders recognized that this is a process that will need time for development and stated that Staff should develop ~ list of areas. Commissioner Constantine indicated that after reviewing the infor- mation provided he feels that the County is adequately protecting the various eco-systems. He stated that he would like to review the Information further and determine If his initial Impression still stands. Commissioner Matthews announced that she is not sure that the Board has adequately addressed this issue. Commissioner Saunders suggested placing this Item on the a~enda In January for the Board of County Commissioners discussion only to determine what direction Staff should take. Commissioner Volpe directed Mr. Lorenz to provide the BoarQ with the ranked list of the areas Identified by EPTAB. Commissioner Matthews mentioned that along with the list she would like the general reason why the areas are Identified. 000 ": 05 9age 5 December 7, 1993 Commissioner Saunders announced that if there are any additional comments they should be sent in writing to the Board of County Commissioners before the January meeting. The following people spoke on the subject: Roy Cawley Dave Addison County Manager Dorrtll confirmed that the this item will be discussed at the second meeting in January 1994, as a discussion item only. eases There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:15 Page 6