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EAC Minutes 11/05/2003 RNovember 5, 2003 ENVIRONMENTAL ADVISORY COMMITTEE Board Meeting Room, 3rd Floor, Administration Building 3301 Tamiami Trail Naples, Florida 34112 9:00 A.M. November 5, 2003 LET IT BE REMEMBERED, that the Environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 o'clock a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Thomas W. Sansbury, Chairman William Hughes Alfred F. Gal Alexandra Ellis Edward Carlson Erica Lynn Kenneth Humiston Collier County Staff: Patrick White, Assistant County Attorney; Barbara Burgeson, Senior Environmental Specialist; Stephen Lenberger, Environmental Specialist; Fred Reischl, Principal Planner; Russell Webb, Principal Planner; Laura Roys, Environmental Specialist ENVIRONMENTAL ADVISORY COUNCIL AGENDA November 5, 2003 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Roll Call I1. Approval of Agenda III. Approval of Meeting Minutes A. August 6, 2003 1~. October 1, 2003 IV. Land Use Petitions V. Old Business: VI. New Business: LDC amendments. Cycle 3 VII. Council Member Comments VIII. Public Comments IX. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on October 31, 2003 if ¥o,, cannot attend this meeting or if you have a conflict and will abstain froi-~- votin.q on a petition (403-2424). 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. November 5, 2003 I. Roll Call -The meeting was called to order at 9:00 o'clock a.m. A quorum was established. Members: Alexandra Ellis, Erica Lynn, Thomas W. Sansbury, William Hughes, Alfred F. Gal, Edward Carlson, Kenneth Humiston Collier County Staff: Marjorie Student, Esquire; Patrick White, Esquire; Barbara Burgeson; Donald Schneider; Stephen Lenberger; Fred Reischl; Russell Webb II. Approval of Agenda -There were no additions to the agenda. III. Approval of Meeting Minutes A. August 6, 2003 Minutes The minutes of August 6, 2003, were approved unanimously with the insertion of the chemical analysis re Wiggins Pass. B. October 1, 2003 Minutes The minutes of October 1, 2003 meeting were approved unanimously. IV. Land Use Petitions None V. Old Business None VI. New Business LDC Amendments - Cycle 3 November 5, 2003 Vanderbilt Beach RT Zoning Overlay. -Mr. Sansbury recused himself from voting on matter regarding RLSA. -Donald Schneider, Principal Planner, Community Development and Environmental Services Division. discussed the proposed draft ordinance regarding the Vanderbilt Beach RT zoning overlay. Overlay addresses issues the homeowners have indicated they would like to have addressed, parking, set back of buildings, height of buildings. No environmental problems or constraints. There is potential for a Burt Harris Act claim. -Diane Ketchum, President, Vanderbilt Beach and Bay Association, expressed desire to reduce building height and density. -David Depew, resident of Vanderbilt Beach, spoke on behalf of reduction of building height and density. -There was discussion regarding the height of buildings on a barrier island being an environmental issue. -Joseph Connolly, resident, believes that the environment will be adversely affected by raising the height limits of buildings. -Carol Wright, Director, Vanderbilt Beach and Bay Association, spoke in favor of height limitations, preserving character of neighborhoods, and more green space. Ms. Wright also expressed concern about evacuation during storms. -Dr. Richard F. Bing, resident, spoke in favor of maintaining or decreasing density and height. -B.J. Savard-Boyer, President, Vanderbilt Beach Property Owners Association, expressed concerns about evacuation, loss of green space. Ms. Savard-Boyer November 5, 2003 stated that property will retain value without allowing more development, regulations can be revised, favors height and density limitation. -Douglas Fee, Vanderbilt Beach, President, North Bay Civic Association, wished to lend support to the Vanderbilt Beach community, would like to see height limits and lower density. -Mr. Hughes recommended that the Environmental Advisory Committee start to evaluate other states where these issues have become very intense and evaluate including into Collier County's codes as to solar exposure, solar pockets, and wind capacities. Mr. Schneider pointed out that in 1991 when the LDC was adopted, the State verified that it was in compliance with the comp plan and the densities were set.and currently the comp plan says that existing properties are in compliance with the comp plan. Mr. Schneider stated that he could not find indication that the County has the right to lower heights or that there is an obvious need from the LDC to lower the heights. Purpose of moratorium was to allow time to investigate the issues and remedies. -Ms. Lyrm moved to support the Vanderbilt Beach communities' proposal for the RT zoning. -Mr. Sansbury added in those particular areas designated as 2.238, 6.4 and 2.2386.5 in regard to the height and density. -Mr. Sansbury stated a motion that the draft ordinance as proposed by the Vanderbilt Beach Residential Tier Overlay, as proposed by the various property owners associations has been made and seconded and is open for discussion. 4 November 5, 2003 -Mr. Sansbury stated that there is a motion on the table for discussion and there is a suggestion of a revision by Mr. Gal. -Ms. Lynn made a motion as follows: Because of the impacts on the fragile coastal barrier island environment it is important to keep building heights and density at a minimum and with that in mind the EAC is supporting the residents proposals and recommending support of this ordinance in lieu of the staff submitted ordinance. The motion was passed 4 to 2 with Mr. Sansbury recusing himself. -Mr. Hughes indicated a desire to adjourn the matter until receipt of further information. Mr. Sansbury stated that it is the decision of the EAC to recommend to the BCC denial of the County's proposed LDC change and recommend approval of the property owners associations proposed LDC change, with a vote of 4 to 2. -Mr. Gal moved to reconsider the last vote. Ms. Ellis seconded the motion. It was voted unanimously to reconsider the last motion. A vote was taken on the last motion and the motion passed 6-0. Bob Mulhair, RWA, Inc., representing Collier County gave a presentation outlining specific code requirements that deal with land use issues. -Ms. Lyrm questioned on Page 21 regarding the location of the rural village wanting to know where the rural village is measured from. Mr. Mulhair responded that it is from the rural village proper, greenbelt is not part of rural village. Applicants must submit emergency preparedness plans. Greenbelt should be large enough to discourage sprawl. Fiscal impact must be neutral. November 5, 2003 -Motion was made and passed unanimously approving Item A. -Mr. Mulhair spoke regarding Tab B which deals with the conservation district and changes to the conservation zoning district as a result of the eastern lands analysis and the GMP amendments that were adopted. Oil and gas underground rights are held by Collier Resources and their rights must be addressed. -Motion was made approving Tab B, was passed unanimously. -Mr. Mulhair spoke regarding Tab C amendment implementing the Rural Land Stewardship Area design standards summarizing their intent. Light pollution is not addressed, but should be and will be looked at. There is a requirement to do an analysis of the impact on the infrastructure in case of disaster. More proactive language regarding panther habitat was discussed. Mr. Hughes suggested that the manufacturers of herbicides, fertilizers, and pesticides should bear the burden of educating the population on environmentally safe use of their products. -Nicole Ryan, Conservancy of Southwest Florida, spoke on behalf of standards for golf course for sensitive habitats. -Mr. Hughes made a motion to recommend approval of the Rural Land Stewardship Area district with the addition that there are educational programs provided by the manufacturers and suppliers of herbicides, fertilizers and pesticides to homeowners, professionals or other users. Motion failed for lack of a second. -Motion was made to approve the staff recommendation for RLSA and was seconded. November 5, 2003 Discussion - it was suggested that a provision regarding design standards for outdoor lighting, street lighting and other lighting that include Dark Sky design standards be included in the plan. -Motion was made to include having the staff continue discussions with the Conservancy and other agencies regarding further discussions regarding golf course standards for sensitive areas. Motion was seconded. -Motion to recommend approval of the Rural Land Stewardship Area district with the addition that there are educational programs provided by the manufacturers and suppliers of herbicides, fertilizers and pesticides to homeowners, professionals or other users, that there be a provision regarding design standards for outdoor lighting, street lighting and other lighting that include Dark Sky design standards included in the plan and that the staff continue discussions with the Conservancy and other agencies regarding further discussions regarding golf course standards for sensitive areas. Motion was seconded and passed unanimously with Mr. Sansbury abstaining because his employer owns substantial lands within the area in question. -Mr. Mulhair discussed Tab D, Natural Resource Protection Overlay. -Motion was made to recommend approval, seconded and passed unanimously. Mr. Mulhair discussed the Tab E, North Belle Meade Overlay which is in the rural fringe mixed use district. -Motion was made to recommend approval of the North Belle Meade Overlay amendment, seconded and passed unanimously. -Mr. Mulhair discussed Tab F Essential Services. addressed but would be generally permitted. November 5, 2003 Osmosis is not directly -Motion was made to recommend approval of Tab F Essential Services, motion was seconded and passed unanimously. -Mr. Mulhair discussed Tab G Communication Towers. -Stephen Lenberger, Environmental Specialist, Communication Tower LDC amendment was brought about by the fringe amendments to determine review of essential services in the rural fringe. as it is unknown where birds will go. Amendment should be adopted countywide Requested that wires not be quide below 200 feet. "White strobe unless otherwise required by FAA" could be inserted into amendment. After tower height of 200 feet, guidewires are necessary. -Motion was made to recommend approval of the Tab G Communication Towers amendment with the addition of the language white strobe unless otherwise required by FAA, seconded and passed unanimously. -Mr. Mulhair discussed Tab H Literal Shelf Plans. Rural fringe requirement will be 30 percent. If there is a lake excavation, you are exempted from the literal standards as long as there is a State reclamation plan in place; however, when use is converted later then compliance with the literal standards is required. -Motion was made to recommend approval of Literal Shelf Planning areas, seconded and passed unanimously. Mr. Mulhair discussed Tab I, Transfer of Development Rights. -Brad Cornell, Collier County Audubon, suggested including a TDR bank. 8 November 5, 2003 -Motion was made to recomend approval of Tab I Transfer of Development right, motion was seconded and passed unanimously. -Mr. Mulhair discussed Tab J Density Blending. Motion was made recommending approval of Tab J Density Blending amendment, motion was seconded and approved unanimously. -Mr. Mulhair discussed Tabs K, L, and M, Environmental Impact Statements, Vegetation Retention and Listed. -Mr. Mulhair discussed Tab N. -Nancy Payton, representing Florida Wildlife Federation suggested putting definitions in alphabetical order. -Bruce Anderson commented on the new definition for EIS indicating there has been language added at the end of the definition that refers to a requirement to evaluate adjacent or neighboring properties; he is concerned there is nothing in the Code stopping owner of property from clearing property; there are slander of title issues. Mr. Anderson believes that the County should be the one that does the objective evaluation of what is going on with surrounding lands. An allegation of endangered species on a property might be considered by some as slanderous because of the additional restrictions that would go with that. An allegation could be made in error. -Bob Krasowski, Zero Waste Collier County Group, suggested that if a claim were made which was accurate and true it could affect the sale ability of a property owner's property. Mr. Krasowski believes that more information should 9 November 5, 2003 be exposed rather than drawing back from exposing information because of potential sensitivity issues. -Motion was made to recommend approval of the amendment with modifications alphabetical and removal of the last part of the EIS, or parcels adjacent to neighboring properties and adding a definition of RLSA. The motion was seconded, voted upon and passed 5-2, with Mr. Carlson and Ms. Lynn dissenting. (The hearing recessed from 11:40 a.m. to 11:50 a.m.) -Mr. Lenberger discussed Tab K EIS and proposed changes to its language. -Mr. Lorenz explained that the Manatee Protection Plan requirement of a five mile on water travel distance will probably be changed. -Bruce Anderson spoke regarding listed species indicating that the amendment is too vague regarding listed species. -Motion approving recommendation of Tab K EIS amendment with recommended changes, deletion of the last sentence in 3.8.5.6b and the recommended change to 3.8.5.7b as well as the second sentence deleted in 3.8.5.8a along with minor changes put on the record that staff has made, was seconded, voted upon and passed unanimously. -Ms. Burgeson discussed Section 3.9, Vegetation Removal, and outlined some minor changes recommended by staff. -Brad Cornell had concern about the County requiring removal of exotic vegetation for both preserves and project sites and allowing that to count towards mitigation. 10 November 5, 2003 -Ms. Lyrm expressed concern about the penalty language and that a fine may not be sufficient deterrent to a developer. Ms. Burgeson stated that Code Enforcement and the County Attorney take a look at the penalty language and suggest changes. -Motion was made to recommend approval incorporating changes read into the record, delete some suggestions of Mr. Cornell, delete 3.8.56b referencing water quality impacts. -Motion was made by Mr. Hughes to make the proposed changes and bring the matter back before the Board on December 3, 2003. The motion was seconded and was unanimously approved. -Ms. Burgeson discussed Page 172, Paragraph 3.11.33 which is new language referencing Goal 7 in the Collier County Growth Management Plan. -Mr. Lorenz explained there is a conflict between the Land Development Code and the Growth Management Plan; a change needs to be made in the Growth Management Plan. -Nicole Ryan, Conservancy of Southwest Florida, discussed GMP amendment changes, language in GMP is ambiguous and needs to be fixed. LDC need to provide more clarification and needs to go further. Intent is to get language in LDC that states that County does not have to defer to agency recommendations when they are more lenient. It was indicated that the intent of the GMP amendment was to allow for minor modifications to the guidelines. -Stuart Miller, Project Manager for Wilson Miller, representing Echo, spoke regarding LDC 3.11.3.3, agrees that language needs to be fixed and suggested that 11 November 5, 2003 County should have flexibility of their own policies or the recommendations from Game and Fish or the Fish and Wildlife Service. -Nancy Payton, representing Florida Wildlife Federation, wants wildlife to get the best possible protection and indicated County is not doing best possible job of protecting listed species and the County should adopt the most stringent measures to protect wildlife. Perspective from other agencies is important. -Mr. Hughes stated that it is the citizens of Collier County's right to legislate more restrictive controls over our environment Mr. Hughes proposed that this issue be adjourned until the next meeting when the language is specified and we can review it again. -Mr. Gal suggested that the language from the Conservancy be inserted into the code amendments for 3.1 ! .3.3. -Mr. Sansbury suggested that staff be instructed to come back with something agreeable to everyone, working towards the most restrictive standards. -Donna Reed Caron, resident, spoke in support of Conservancy language. -Doug Fee, President, North Bay Civic Association, spoke in favor of Conservancy position. Mr. Fee believes that more time is needed to review complicated amendments. -Brad Cornell, Collier County Audubon Society, supports Conservancy position, would like recommendation that County adopt its own policy and guidelines more specific to Collier County. -Mr. Hughes made a motion that with reference to 3.11.3.3 the language suggested by the Conservancy be considered, the article be rewritten with the 12 VII. November 5, 2003 intent that Collier County maintain its autonomy, that all guidelines of all federal and state level agencies will be considered, the one that is the most severe will be the one that rules, deviations would be for reasons of national security, national issues of infrastructures, things that affect us that we do not have control over. The motion was seconded, voted upon and was passed unanimously. -Ms. Burgeson discussed the Coastal Construction Setback Line Variance which was approved at the last meeting and explained changes. -Mr. Humiston asked regarding 3.13.5.5.1 rebuilding structures that have been destroyed, how would buildings seawards of the setback line be affected. Ms. Burgeson responded that new construction in front of line would have to comply with new CCSL section and code unless it is destroyed by hurricane. -Doug Fee stated that CCSL needs language prohibiting construction behind line. -Mr. Hughes requested to spend one-half day with Environmental Code Enforcement. Public Comments -Bob Krasowski, Zero Waste Collier County Group, spoke regarding solid waste management in Collier County, would like Board to check out environmental components for collection of trash, and recyclables and organics, both environmental and economic impacts, suggested need for open government, problems not addressed openly and adequately. Meeting of the Sunshine Law Public Record Ethics Law scheduled for Friday, December 5, 2003, has been moved to December 12, 2003. Second date is Wednesday, January 14, 2003, from 9:00 a.m. to 10:30 a.m. 13 November 5, 2003 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:35 p.m. Collier County Environmental Advisory Committee Thomas Sansbury, Chairman 14