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EAC Minutes 10/19/1988 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: October 19 , 1988 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center , Naples, Florida EAC STAFF PRESENT * CARDILLO X BURCH X BELOW ABS EDWARDS X BENEDICT X LORENZ X KURGIS X OLLIFF X SNYDER X SCHEFF X SMITH X STEVENS X * Arrived at 9 : 00 A.M. MINUTES BY: Ellie Hoffman, Deputy Clerk CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 10: 15 A.M PRESIDING: John P. Cardillo, Chairman ADDENDA TO THE AGENDA: Discussion of the Standards for Administrative Approvals - Dr . Benedict �'` Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 19 , 1988 8:45 A.M. 4 I. ROLL CALL A. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PETITIONS ADMINISTRATIVELY APPROVED BY ERM 1. PU-88-17C: Alan D. Reynolds, of Wilson, Miller, Barton, Soll, and Peek, Inc. , representing Harper Brothers , Inc. ; requesting a provisional use "a" of the "I" zoning classification for an asphalt plant and material storage. 2 . PU-88-20C: Joseph S. Boggs of Bruce Green and Associates, Inc. , representing Lee Williams; requesting a provisional use 8.10 b of MHRP (Mobile Home Rental Park) for a sewage treatment plant. 3 . PU-88-16C: Robert K. Lockhart, P.E. of Wilson, Miller, Barton, Soll & Peek, Inc. , representing William Higgs; requesting a provisional use "b" of A-2 for earthmining. 4 . R-87-43C: J. Gary Butler of Butler Engineering, Inc. , representing Quail Woods Estates Development Corp. ; requesting a zoning change from A-2 to RMF-6 for Condominiums. V. OLD BUSINESS VI. PUBLIC HEARINGS A. R-88-21C: Cliff Repperger, of Avalon Engineering, Inc. , representing Collier Development Corporation; requesting a zoning change from A-2 to PUD for a Commercial Activity Center ( "SAND RIDGE" ) . VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify Environmental Resources Management (774-8454) no later than 5 P.M. on Monday, October 17, 1988, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. Please refer to notice on first floor, Building F, for the location of the E.A.C. meeting. C. Items added after agenda was sent out. D. No action since last Council meeting. E. On January 7, 1987 the E.A.C. adopted a policy that any person addressing the E.A.C. on behalf of any organization must present a letter from said organization acknowledging them as a representative empowered to make policy related comments on that subject. ************************************************************* 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 THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** *********** ********** ************************************************************* ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 19 , 1988 ITEM: Approval of Minutes - August 17 , 1988 COMMENTS: Dr . Benedict advised that the following changes should be incorporated into the Minutes of August 17 , 1988 : Page 5 , Paragraph 3 - Dr . Cardillo should be changed to Mr . Cardillo. Page 7, Stipulation No. 4 , line 12 - Insert a period ( . ) after "background values" . Page 7 , Stipulation No. 4 , line 12 - New sentence after "values" should read: "Water quality samples shall be taken bimonthly at slack tide and sediment tests shall be performed at least once a year . If deemed necessary Page 13 , Stipulation No. 7 , last sentence - Insert "Permit" after "County Tree Removal" . MOTION: Made by Ms. Kurgis to approve the minutes of August 17 , 1988, as amended. Seconded by Dr. Sndyer. Carried 3/0. ITEM: Approval of Minutes - September 21, 1988 COMMENTS: Dr . Benedict noted the following changes to be made to the September 21, 1988 Minutes: Page 5 , Paragraph 1 under Comments, line 13 - "Invaded with" should be replaced with "vegetated by" . MOTION: Made by Ms. Kurgis to approve the minutes of September 21, 1988, as amended. Seconded by Dr. Snyder. Carried 3/0. ITEM: Approval of Minutes - October 5, 1988 COMMENTS: Dr . Benedict suggested for clarification purposes , Page 7, the second paragraph above the motion should read as follows: "Mr . Lee noted that the shore line at the proposed location has not moved more than 10 ' in the past 11 years. " Dr . Snyder offered the following change to Page 8 , first Paragraph under Comments: . . . . review process .-� Page 2 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 19 , 1988 be changed, "which would be based on the area of the plantings, " Dr . Benedict suggested the following change to Page 10 , third Paragraph, line 3 : " . . . . to preserve the turkey oak area" , thereby deleting "it" . MOTION: Made by Dr. Snyder to approve the minutes of October 5, 1988, as amended. Seconded by Ms. Kurgis. Carried 3/0. *** ***** Mr. Cardillo arrived (9:00 A.M. ) ***** ITEM: Discussion of Administrative Approvals - Acting Community Development Administrator 011iff COMMENTS: Acting Community Development Administrator 011iff stated that Staff is presently functioning with two ordinances which are old and weak, and do not ade- quately address items relating to the environmental review process. He advised that Staff is in the process of working toward guidelines which will require that developments meet with the necessary environmental protective measures. He noted that Staff has been in the position of trying to nego- tiate issues of which they do not have the legal ability to hold developers to, i .e. black and white environmental issues. He stated that from a long term perspective, it has been determined that it is much more important for Staff to concentrate on developing the Comprehensive Plan, and then have the ordinances in place so that the review is based on some legislation. He indicated that the ordi- nances will enable the developers to know what to expect. Mr . 011iff stated that there is a short term amount of work that will have to suffer , if Staff is to undertake the writing of the ordinances. He indi- cated that Staff will loose a certain amount of negotiating time that is available to them now, adding that during the development reviews they will be concentrating on items which are regulated by ordinances of today. He advised that the stipulations that will be presented to the EAC will be those that relate to the present ordinances. He stated that the EAC will have to step in and take a Page 3 .-� ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 19 , 1988 stronger role during the interim period, and possibly require additional stipulations for the proposed developments. Mr . 011iff indicated that the role of the EAC regarding development reviews will be much more important than it has been, noting that Staff has no problem with bringing administrative items before the Council for review, since Staff time will be spent on developing new environmental ordi- nances which will benefit the County in the future. Dr . Benedict stated that it has been approximately 10 years since the ordinances have been adopted, adding that the sooner the procedures and policies can be developed into legislative forms, the better it will be for the EAC. He noted that the only format of environmental "regulation" has been through the rezone process, with the EAC making recommendations, for the good of the environment, to the Board of County Commissioners, and they generally went along with that recommendation. He stated that he feels that the Staff stipulations are merely recommendations that the EAC either endorses or modifies, and it is the EAC ' s role in the rezone process that gives those stipulations some sort of a basis. He noted that it will be very positive when the stipulations are replaced with standards, adding that he would like to see the EAC become more involved, rather than less involved. Dr . Benedict indicated that during the past year , there was a presentation and discussions regarding the Development Services Department review. He noted that the EAC was very vocal in questioning concerns as to how this will be set up, and they made suggestions as to how this could be more effectively implemented. He questioned whether Mr . 011iff could provide an update regarding the format of the review procedure? Mr . 011iff replied that approximately 30-45 addi- tional days are required to finalize the approach Staff proposes to take relating to the reviews . He advised that a workshop will be held to discuss the new review system. Mr . Cardillo indicated that the four Petitions Administratively Approved by ERM which appear on Page 4 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 19 , 1988 today' s agenda are much more exceptional than other Petitions in the past. He questioned whether this is a result of lack of Staff? Environmental Science and Pollution Control Director Lorenz advised that some of the work was previously provided by Staff , but there is now a need to divert manpower to the long term in deve- loping criteria and adopt standards. He indicated that Staff will have less time for Petition review, and they will be forwarded to the EAC. He noted that in the future, Staff will not be able to pro- vide the frontend work, i .e. the leg work to go to the site, and providing the Staff Reports. Dr . Benedict noted that Staff has always inspected the sites and talked with developers to express the concerns of the EAC, but they were not heavily involved with the regulatory aspect. Mr . Cardillo indicated that he is concerned that the EAC will not be receiving the quality of reporting which they currently receive. He noted that he believes the ordinance review process should be a limited endeavor with less people, rather than orverturning the entire review process. He stated that in the "ancient" days of the EAC, the review process was a mess, due to the lack of good reporting. He added that the Council inspected each site, and there was a problem in getting people to serve on the Council. Mr . 011iff stated if he does not make some changes now, the County will not have the required environ- mental ordinances in effect five years from now. He indicated that he has to compromise someplace in order to free up Staff time to write the ordinan- ces. Dr . Benedict stated that his major concern is the Resource Management position that was vacated when Dr . Proffitt left? He noted that he believes a person of this caliber should be on staff to per- form the long range work relating to the Comp Plan, etc. Mr . 011iff advised that Bill Lorenz is administra- tively taking control of the vacated position, which has been changed to Chief Environmental Page 5 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 19, 1988 Specialist. He noted that there is no better per- son on Staff that can devote time to administration and the understanding of how manhours work, than Mr . Lorenz . Mr . 011iff stated that hopefully, from a long range perspective, an ordinance will be adopted and Staff will have legislative legs to stand on, adding that he hopes the EAC will work with Staff. *** A discussion took place regarding the Petitions Administratively approved by ERM, that appear on today' s agenda , specifically, that they appear to be more involved than administrative approvals in the past, and two of the Petitions have EIS ' s. Mr . Robert Lockhart of Wilson, Miller , Barton, Soll & Peek, Inc. suggested that possibly the Council may want to consider the option of handling admi- nistratively approved petitions in the same manner that the Board of County Commissioners handles con- sent agenda items, and if there is further discussion or information desired on any particular petition, it could be placed on the regular agenda and brought to g public hearing. MOTION: Made by Dr. Benedict that the Petitions Administratively Approved By ERM: PU-88-17-C, PU-88-20C, PU-88-16C, and R-87-43C be heard at the next EAC Meeting, under Public Hearings. Seconded by Ms. Kurgis. Carried 3/1 (Dr. Snyder opposed) . *** PETITION NO: R-88-21C FILED BY/FOR: Cliff Repperger of Avalon Engineering, Inc. , representing Collier Development Corporation REQUESTING: A zoning change from A-2 to PUD for a Commercial Activity Center ( "Sand Ridge" ) REPRESENTED BY: Mr . Cliff Repperger COMMENTS: Mr . Cliff Repperger of Avalon Engineering, Inc. advised that subject property consists of 32 acres of land, and is located at Immokalee Road and U. S. 41. He indicated that subject Page 6 ^ ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 19, 1988 site is proposed for a shopping center , to be developed in three phases. He indicated that vegetation on site consists of palmettos and pines . He noted that the proposed plan provi- des open space as required by ordinance, and the natural areas to be preserved are the larger areas that have been designed on the site, and the buffer areas are relatively large and will retain vegetation, where appropriate. He advised that the new landscaping will consist of native vegetation, and he is in agreement with the Staff Report. Ms . Stevens advised that most of the site sup- ports upland habitat, and the only wet area of the parcel is a small man-made lake adjacent to the eastern property boundary. She noted that the littoral areas of the lake have become overgrown with cattails, and the exotic Brazilian pepper has become established along lake shore areas. She stated that the remainder of the site is dominated by drier habitats, the southern half of the parcel sup- ports a pine woodlands habitat with palmetto understory, and additional shrub layer vegeta- tion includes rusty lyonia, wax myrtle, dog fennel, and gallberry. She indicated that the southwest corner of the parcel has become infested with exotic melaleuca and Brazilian pepper . She advised that northern areas of the parcel are dominated by open palmetto habitat, with pennyroyal , prickly pear cactus, rusty lyonia and was myrtle. She stated that a few small oaks , 3"-4" in diameter have been noted in this area. Ms. Stevens stated that Staff is recommending approval of Petition R-88-21C, subject to the following stipulations: STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for Page 7 r ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 19, 1988 their review and subject to approval prior to any work on the site. This plan may be sub- mitted in phases to coincide with the develop- ment schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and subject to their approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habi- tat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspec- tion intervals, shall be filed with and sub- ject to approval by the Natural Resources Management Department and the Community Development Division. 4. If, during the course of site clearing, exca- vation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all develop- ment at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper Page 8 i-. ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 19, 1988 course of action in regard to its salvageabi- lity. The Natural Resources Management Department will respond to any such notifica- tion in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5 . The petitioner shall arrange for a gopher tor- toise survey to be completed by knowledgeable personnel. The necessary procedures for gopher tortoise relocation (Florida Game and Fresh Water Fish Commission) shall be followed in the event a gopher tortoise is found. Ms. Stevens advised that Eric Heald performed a gopher tortoise survey, but none were evi- denced. Dr . Benedict questioned where the 30% usable open space is, as referenced on Page 9 of the EIS? Mr . Repperger replied that there are areas across the back of the site, large areas bet- ween the parking, areas which surround the out parcels, and areas buffered away from the road which constitute the 30%. Dr . Benedict referred to Page 5 of the EIS, regarding the spreader swale discharge and restoring sheetflow northwest to the Cocohatchee, and questioned whether this is behind the off-site control structure? Mr . Repperger replied affirmatively. Mr . Cardillo mentioned that Greentree Shopping Center is a model to the community, and is aesthetically pleasing, and questioned whether the subject project will be similar to Greentree? He then made comparisons between the Ridgeport Center and Greentree, and asked if any precautions have been taken to preserve the green effect? Mr . Richard Henderlong of Collier Development Corporation, indicated that his firm is working on language to be incorporated within the PUD document that will contain restrictive cove- nants , i .e. the buildings will be set back Page 9 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 19 , 1988 50 ' , and the parking lots and driveways will be located up front. He stated that there is a 15 ' buffer between the parking lots to the front property line which will remain undisturbed, as native vegetation. With respect to the gas station, he advised that he has worked with Staff, and the driveway accesses have been cut back, thereby, inter- nalizing them on the outparcels , which will allow greater green space protection between the right-of-way and the project. Dr . Benedict noted that subject project will not look like Greentree, since the uniqueness of Greeentree was the 75 ' buffer which was required for that project. With regard to Stipulation No. 5 , Dr . Benedict stated that since the gopher tortoise survey was conducted by Eric Heald, he believes sub- ject Stipulation can be deleted. Ms. Stevens concurred. MOTION: Made by Ms. Kurgis to recommend approval of Petition R-88-21C, subject to the four Stan- dard EAC Sti•ulations, as noted above. Seconded by Dr. Snyder. Carried 4/0. ITEM: Addenda - Discussion of the Standards for Administrative Approvals COMMENTS: Dr . Benedict stated that he feels that Messrs . 011iff and Lorenz ' s intentions regarding the Comp Plan review process is moving in the right direction, adding that he hopes the EAC process will keep going. He indicated that further discussions should be held, especially on the subject of the site review reports. He noted that there must be a way to come to a happy medium. He stated that he believes two directions of Staff are required: the ordinance development, Comp Plans, etc. which are long ranged; and the review of peti- tions, site inspections , staff reports, etc. , adding that there is the need for a balance. Ms. Kurgis stated that she feels that by the Petitioner appearing before the EAC, they Page 10 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 19, 1988 realize the Council ' s concerns, and they are aware of what they are required to do. Mr . Cardillo questioned the status of the EAC Ordinance? Mr . Burch replied that he has received same from the County Attorney ' s Office, and a few minor amendments are required. He advised that Mr . 011iff is now reviewing the Ordinance. There being no further business, the Environmental Advisory Council was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COUNCIL John P. Cardillo, Chairman Page 11