Loading...
EAC Minutes 12/08/2003 RDecember 8, 2003 ENVIRONMENTAL ADVISORY COMMITTEE Board Meeting Room, 3rd Floor, Administration Building 3301 Tamiami Trail Naples, Florida 34112 9:00 A.M. December 8, 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: Alexandra Ellis, Vice-Chairman William W. Hughes Alfred F. Gal, Jr. Kenneth Humiston, PE Michael Sorrell Collier County Staff: Marjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney Barbara Burgeson, Senior Environmental Specialist Stephen Lenberger, Environmental Specialist Russell Webb, Principal Planner Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor II. III. IV. VI. VII. VIII. Roll Call Approval of Agenda Approval of November 5, 2003 Meeting Minutes Land Use Petitions Planned Unit Development No. PUDZ-2003-AR-3764 "St. John the Evangelist Catholic Church PUD" Section 21, Township 48 South, Range 25 East Old Business: LDC Amendments (continued from November meeting) New Business: Council Member Comments Public Comments IX. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on De~e~!3~ if you cannot attend this meetin.cl or if you have a conflict and will abstain from votin.q on a petitioi~ (403-2424).. ~eneral 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. December 8, 2003 I. Roll Call -The meeting was called to order at 9:00 o'clock a.m. A quorum was established. Members: Present, Alexandra Ellis, William W. Hughes, Alfred F. Gal, Jr., Kenneth Humiston, PE, Michael Son'ell. Excused Absences, Thomas Sansbury, Edward Carlson, Erica Lynn, Ph.D Collier County Staff: Marjorie Student, Esquire; Patrick White, Esquire; Barbara Burgeson; Donald Schneider; Stephen Lenberger; Fred Reischl; Russell Webb II. Approval of Agenda - CSL Variance discussion for clarification was added under Old Business. --Summary of conflict forms under Old Business III. Approval of Meeting Minutes A. November 5, 2003 Minutes were approved unanimously with no changes. IV. Land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR-3764 "St. John the Evangelist Catholic Church PUD" Section 21, Township 48 South, Range 25 East SPEAKERS: All speakers were swom in. Michael Fernandez, Planning and Development, representing Petitioner, St. John the Evangelist Catholic Church, existing PUD has master plan, new master plan is proposed, current master plan indicates December 8, 2003 100% mitigation, no retained vegetation requirement, proposed amended master plan proposes to retain .82 acres of native habitat and balance of requirement is in the form of preservation mitigation. Urban site, in coastal area. Tortoise population has been relocated off-site. Couple tortoises will be retained on-site. Wetlands in front of site were mitigated with created wetlands in the rear that are sustained by the water management system. There will be no jurisdictional wetlands on this site. Developer is required to pay fee to set aside land in the panther habitat, petitioner has done so. -Motion was made to approve petition, motion was seconded, motion carried 5-0. V. Old Business LDC Amendments Attachment B. Tab K. 3.8 Environmental Impact Statements 11/24/03 Draft -Barbara Burgeson, 3.8 was approved, there is nothing in EIS section that identifies when and how often it needs updating. Sometime ElS is three or four years old and there are wildlife issues on site, clarification is needed on how often wildlife surveys need to be updated. Language will be put in today re changes. There is no provision that requires re-survey to determine how many tortoises are still in the preserve. Follow up studies are needed to see how successful relocation is, can be included in 3.11 in gopher tortoise section. All EIS come to the EAC. Some projects may qualify for waiver. There is a process where the December 8, 2003 petitioner may bring a project back before the EAC if they have issues and want to appeal. Attachment D. Tab M. 3.11 Listed Species 10/16/03 Draft -Barbara Burgeson, Must stay strictly within GMP language at this point in time and during the GMP glitch cycle for which language is being created right now and that will be brought before the EAC in February or March. At that time the changes to the GMP will be presented which are necessary to facilitate the changes the EAC had recommended in 3.11. Recommendations or options paper will be presented. SPEAKERS Nancy Payton, Florida Wildlife Federation, would like Collier County government to take responsibility for the protection of individual listed species and listed species populations within Collier County. Would like County to implement a uniform procedure to ensure that technical assistance will be requested from the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service on appropriate development applications with an as broad based interpretation as possible. County needs to develop and implement specific planning strategies and management plans for listed species such as Bald Eagle, Red Cockaded Woodpeckers, Piping Plovers, Wood Stork, Florida Panther, Florida Black Bear and Big Cypress Fox Squirrel, among others. 4 Discussion December 8, 2003 -Collier County is required to request technical assistance from the agencies. -Ave Maria did not require EIS because the majority of site is impacted, they have less than ten acres of native vegetation, it was identified and pulled out specifically to avoid impact. -Brad Comell, Collier County Audubon Society, agrees with Nancy Payton, Collier County needs its own policies to protect Collier County wildlife. Advocates that language in GMP now is sufficient to allow Collier County staff discretion to not accept a take where Collier County loses a nest or any listed species. Discussion -There is an obligation through vegetation protection section of Code to combine preserves to off site preservation areas and natural reserves, and state and federal preservation areas. -Language obligates creation of corridors or greenways in the rural fringe. -Regarding the Wiggins Pass eagle, there has been no effort for a take on the eagle, and plan to preserve eagle nest is being worked on. -Revised EIS language will require presentation before the EAC if there are any protected species on a site being developed. - Attachment C. Tab L. 3.9 Vegetation Removal 11/24/03 -Barbara Burgeson, all changes discussed at last EAC meeting were incorporated. Page 10 preserve area criteria important for EAC to utilize in December 8, 2003 future. Petitioner will be required to identify highest quality habitat first for preservation. -Brad Cornell, Collier County Audubon Society, made mistake under Mitigation 3.9.5.3 B1 (b), would like language that was changed put back to original language. -Motion was made that Paragraph 3.9 5.3 B l(b) be reinserted into the Land Development Code, motion was seconded, motion carded 5-0. -Discussion -EAC cannot grant variance, only advisory capacity. -3.9.6.3, type of open space is defined in one and two below, does not have to be open to line of sight. -Some areas of Collier County are more environmentally sensitive than other areas. Some areas of Collier County have more of a development expectation than other areas. Requirements are different, from urban lands through the rural fringe district to the eastern lands there are a different set of requirements that are progressively more restrictive with regard to environmental considerations. Vegetation retention standards are much less in the urban areas than they are in the rural fringe and standards that relate to developments that abut conservation lands within the rural fringe mixed use district are much more stringent and explicit than those in the urban land use category. -Motion was made to approve amendment, motion was seconded, motion carried 5-0. 6 December 8, 2003 CSL Variance Mr. Humiston stated setback line is straight and shoreline is not; there are places where there should be no activity in front of the CSL. There are other areas where the setback line is pretty far back from the beach, behind active beach and dune system, and there is no environmental benefit to prohibiting activities that do not have an environmental impact. Mr. Humiston does not support the amendment as it was worded. Mr. Humiston previously voted affirmatively on amendment and would like to bring the amendment up for reconsideration. -Mr. Humiston made a motion to bring LDC Section 3.13 Coastal Construction Line Setback Variance up for reconsideration, motion was seconded. -Marjorie Student, Assistant County Attorney, stated there was a problem with reconsidering item from two months ago. -Barbara Burgeson stated matter could be put on agenda and brought back in January with changes for discussion. CCPC at last meeting voted to recommend denial of the language, 6-2. meeting. -Mr. Humiston stated that with the understanding that the Coastal Construction Setback Line variance language will come back before us in January, I withdraw my motion. Conflicts: Thomas W. Sansbury, Vanderbilt Beach RTO Zone District, a measure came or will come before my agency which inured to the special gain or loss of my employer. 7 December 8, 2003 Thomas W. Sansbury, LDC Amendments, Cycle 3, Tab C RLSA District, a measure came or will come before my agency which inured to the special gain or loss of my employer. VI. New Business Mr. Hughes stated that a laptop computer with a GPS interface with the County's satellite and aerial photographs interfaced on that would allow much easier tracking for agents in field, would be cost effect and reduce labor. Recommended equipping environmental code enforcement officers with that type of technology and would like staff to look into it. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:30 A.M. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman 8