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EAC Minutes 09/30/2004 R September 30, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD Naples, Florida, September 30, 2004 LET IT BE REMEMBERED, that the Environmental Advisory Board in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Alfred Gal William Hughes Joe Gammons Judith Hushon Erica Lynne Ken Humiston Ed Carlson (Resigned) Mike Bauer (Resigned) Mike Sorrel (Excused) ALSO PRESENT: Barbara Burgeson, Environmental Specialist Marjorie Student, Assistant County Attorney Russell Webb, Community Dev. & Environmental Servo Stan Krasowski, Engineering Review 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA September 30, 2004 . 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Roll Call II. Approval of Agenda III. Approval of July 7, 2004 Meeting minutes IV. Land Use Petitions A. NONE V. Old Business VI. New Business A. Total Maximum Daily Load presentation by Eric Livingston, D.E.P. B. Land Development Code amendments Cycle 2 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 September 27. 2004 if you cannot attend this meetinQ or if yOU have a conflict and will abstain from votinQ 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. September 30, 2004 I. Meeting was called to order by Chairman Alfred Gal at 9:00 AM. Roll Call was taken with Mike Sorrell being excused. Ed Carlson and Mike Bauer have resigned. Their positions will be advertised. A quorum was established. II. Approval of Agenda: Mr. Hughes moved to approve the Agenda as presented. Second by Mr. Gammons. Carried unanimously 6-0. III. Approval of July 7, 2004 Meeting Minutes: Mrs. Hushon had an excused absence from the July 7th meeting. Mr. Humiston moved to approve the Minutes of July 7, 2004 as amended. Second by Mr. Gammons. Carried unanimously 6-0. IV. Land Use Petitions: A. None V. Old Business: None VI. New Business: A. Total Maximum Daily Load Presentation by Eric Livingston, DEP Re-scheduled for the November 3rd meeting. B. Land Development Code Amendments Cycle 2 Ms. Burgeson mentioned there are 2 changes related to Environmental issues. New packet was handed out by Russell Webb - Community Development & Environmental Services with the updated revised verSIOn. . 3.5.11.3.1 - Littoral Planting Code - Page 55. Had been presented to the Board of County Commissioners. . Change language - "may have to" meant they "would have to" under the circumstances that applied. It was changed to read "Shall." Doesn't change the intent of the language. Ms. Hushon stated the reason plantings don't work is the levels of water are raised and lowered up to 2 feet during a year. She wasn't sure replanting or re-sloping will succeed as recommended. No matter where they are planted - they will be high and dry, or under water. Ms. Burgeson responded that is why there is a requirement of a detailed study of the lakes to identify whether there are gentler sloping areas or adjacent to preserves - they don't require re-grading, but the developer could if they want to for the vegetation to survive. There is an obligation for them to have an 80% survival rate. Typically through reviews and 2 September 30, 2004 Code Enforcement phone-in reports the residents are re-visited and required to replant. Ms. Hushon asked that a formal recommendation should possibly be made that they be planted before the winter months or rainy season. Ms. Burgeson stated the Development Community asked they not require the re-grading. Some of the older lakes have a minimum area and re- grading would bring them closer to backyards. 2nd Land Development Code Amendment - Vegetation removal and Site Filling - Page 72 - Section 4.06.04 · Revamped it completely - it was confusing. · Added new criteria to allow for clearing and filling prior to a building permit. Has been a hot issue with single family residential homes to be cleared and filled prior to the building permit and with price increases of concrete and having the pads poured as soon as possible. · Added 4, .06.04 A. - sub-section (i) - can clear and fill when they have acquired a building application submitted to the County and assured all State & Federal permits have been obtained. · Haven't been allowing clearing and filling in the Golden Gate Estates lots because the second obligation for State and Federal permits prior to building permits happens infrequently. When they wish to get them early and submit sufficient application, they can clear up to 1 acre prior to getting the permit. Also allowing flexibility where the old language allowed up to 25 acres of clearing and filling when there has been excess material from lake excavations on site - it was to allow for up to 25 acres. In the Amendment they are allowing up to 10 acres of the 25 to build some of the building pads for the SF homes. . Other changes - requiring erosion control fencing around the stockpiling. Reduced the length of time the stockpile can remain from 24 months to 18 months. Had been presented to the Development Services Advisory Committee with no objections to the two amendments. Will be presented to the Planning Commission next Monday. Ms. Hushon asked about "specimen trees" being maintained on lots and not gross clearing - especially if they are native specimen trees. In the new version the language had been taken out. Ms. Burgeson responded keeping the trees end up being cleared later for grading and water management issues. 3 September 30, 2004 The developers have an obligation with the requirement with the areas being 25% native vegetation. The permits are reviewed by the Environmental and the Engineering Departments. Stan Krasowski - Engineering Review - they have to submit a plan to stockpile the fill and have been around for 6 years. They let them clear where there are going to be structures up to 25 acres and then they coordinate the construction. Ms. Burgeson stated they have gone through all the reviews and approval and it can't be on an undeveloped property, but on a site with approvals so they know the final product will be there. Mr. Humiston inquired about the section on Architectural Site Design Standards. Asked about light pollution. Seems several places in the County are well lit early in the morning and is a tremendous waste. (Energy issue) Ms. Burgeson mentioned Ed Carlson brought that issue up in the past and wanted staff to research the "dark skies" regulations mostly in the Eastern Lands area. Could be researched on a County wide basis. Mr. Krasowski stated all their standards are minimum standards. They want at least 4' candles or 2' candles for so much lighting. They do not have any maximum standards and had no idea how to do that since they have problems getting them to conform to the minimum standards. They are based on the Institute of Illuminating Engineers handbook. Want car traffic to be safe in order to see obstructions without having to rely on their lights solely. FP & L won't do the designs as there is some type of a legal liability. Maximum standards would be hard to enforce. Discussion followed on different areas, examples and ventures with lighting such as the beach and parking lots. It will be researched and put on future agendas. Ms. Lynne referred to Page 90 - Section B - Shielding Standards to also be looked into. For a point of clarification Mr. Webb told the committee they performed a Recodification of the LDC - just restructuring and reformatting - no substantive changes. Mr. Gal asked ifthe Vested Rights Procedures was new. LDC 1.15 Marjorie Student - Assistant County Attorney - the vested rights provision has some minor tweaking from what existed in Division 17 of the current LDC to be superseded by the new LDC. The "Takings" is modeled after a process in 4 September 30, 2004 Pinellas County. It's an opportunity for the property owners to come before the BCC to work out. Ms. Hushon talked about the signs on 1-75 being damaged during the hurricanes. She wondered if they are making any provisions of hurricane proof signage so large pieces of plastic are not blowing around. Mr. Webb mentioned they anticipated on making provisions in the next Cycle, but nothing on hurricane proofing the signs. He will take it to Susan Murray, Land Development Review if she felt it was necessary. Mr. Krasowski informed the Committee there are wind zones in the Count with 130 MPH design speed. Nothing will withstand higher winds if a Hurricane such as Andrew would come through the area. Standards would need to be set for a certain wind speed. Mr. Webb will bring the issue to Susan Murray's attention. VII. Council Member Comments: Ms. Burgeson mentioned there are 120 petitions under review right now. Due to the work load they haven't gotten through staffreview and are waiting for re-submittals. Mr. Hughes asked about road planting trees. He inquired about roadside tree locations, trees adjacent to power lines and conflicts between infrastructure and architectural plantings. Different types of trees lost during the Hurricanes were discussed. The Tabebuia, Hong Kong orchids and weeping figs suffered in the Grey Oaks area. Certain trees should not be in certain locations. Mr. Webb tried to find a provision concerning the issue - the LDC Section 2.4.4.2 (Old) New LDC Section 4.6.05 C2 - page 82 oftoday's packet was the only area he could find that addresses tree height. Mr. Hughes wanted to make sure when they are doing the Amendments the palms and other trees are addressed in developments. The issues are trees lining up in a row, particular variety of trees and Codes being applied to trees being planted under power lines with a possible height limit. Site lines are also a concern. Mr. Webb will address this issue with Nancy Simeon and Mike Sawyer. There is no regulatory review of the plantings in the medians. Transportation and engineering staff can be invited to a future meeting. They are in charge of that department. 5 September 30, 2004 VIII. Public Comments - None Mr. Hughes moved to recommend the approval of lake transfer of fill (Vegetation and Removal Site Fill 4.06.04) and the (Littoral Planting Amendment Section 3.5.11.3) agreeing with the position. Second by Mr. Humiston. Carried unanimously 6-0. Mr. Hughes moved further consideration should be made to the Littoral plantings with walling them in the developments. Without a second the motion was not considered. But Ms. Burgeson will have a landscape architect do a presentation on the current regulations at a future meeting. It is not an environmental issue, but felt the Committee would like some education on the subject. Mr. Hughes would like to see representatives from South Florida Water Management at a future meeting. He would like a review and clarification of their operations and activities. Ms. Burgeson stated they are invited and have been invited to each meeting and will continue to encourage their staff to attend. According to State Statutes Collier County has adopted the jurisdictional determinations of the South Florida Water Management District. She can contact and schedule a presentation on their new regulations. Mr. Hughes moved to invite Jackie Rippe to one of their meetings. Without a second the motion was not considered. Mr. Hughes moved the Committee ask staff to draft a letter inviting SFWM to one of their meetings to review their review process and for Mr. Gal to sign and forward to the appropriate party. Second by Ms. Lynne. Carried unanimously 6-0. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:55 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COMMITTEE Chairman Alfred Gal 6