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EAC Minutes 01/05/2005 R January 5, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COMMITTEE Naples, Florida, January 5,2005 LET IT BE REMEMBERED, that the Collier County 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 Judith Hushon Ken Humiston (Excused) Michael Sorrell Erica Lynne Joe Gammons (Excused) ALSO PRESENT: Bill Lorenz, Environmental Services Director Susan Mason, Senior Environmental Specialist Stan Chrzanowski, Planning Review Marjorie Student, Assistant County Attorney Barbara Burgeson, Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA January 5, 2005 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Roll Call II. Approval of Agenda III. Approval of December 01, 2005 Meeting minutes IV. Land Use Petitions A. Planned Unit Development No. PUDZ-2004-AR-5611 "Seacrest Upper And Lower School PUD" Section 8, Township 50 South, Range 26 East B. Rezone No. RZ-2003-AR-4961 Home Center Plaza Rezone Section 3, Township 51 South, Range 26 East C. Final Plat and Construction Plans No. PPL-2004-AR-5490 Briarwood Unit 11 Section 31, Township 49 South, Range 26 East D. Planned Unit Development Amendment No. PUDZ-A-2003-AR-5168 Malibu Lakes PUD Section 30, Township 48 South, Range 26 East V. Old Business VI. New Business A. Oustanding Advisory Committee Member Nominations B. Schedule for Presenting Proposed Listed Species Management Program 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 December 30. 2004 if yOU cannot attend this meetinQ or if yOU have a conflict and will abstain from votina on a petition (213-2987). 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. ······-....r"" January 5, 2005 I. The meeting was called to order at 9:24 AM. Roll call was taken with Ken Humiston and Joe Gammons being excused. A quorum was established. II. Approval of Agenda: Ms. Hushon asked that "Bonuses in Receiving Lands" be discussed under "Old Business." Ms. Lynne moved to approve the Agenda as amended. Second by Mr. Hughes. Carried unanimously 5-0. III. Approval of December 1, 2004 meeting Minutes: Mr. Hughes moved to approve the December 1, 2004 minutes. Second by Ms. Lynne. Carried unanimously 5-0. IV. Land Use Petitions: A. Planned Unit Development No. PUDZ-2004-AR-5611 "Seacrest Upper and Lower School PUD" Section 8, Township 50 South, Range 26 East. - All those testifying were sworn in by Mr. Gal. - Disclosures - None. PETITIONER Mr. Gonzales - Civil Engineer with Wilson Miller - Petition is to consolidate the developed and undeveloped portions of the Seacrest Country Day School into a unified zoning District that would allow construction of a High School adjacent to the Elementary School Campus. His presentation consisted ofthe following: · Site located within Lely Canal basin. · Existing site has storm water management system discharging runoff through permanent control structure through the Unity Church property. · Proposing an addition of a high school campus core with recreational sports fields and wetland and upland preserve with a connection to County Barn Road and storm water management system to convey runoff with outfall to County Barn Road. Tom addressed the native vegetation and preservation requirements: · Preserving 9 acres of vegetation on site, exceeding 15% requirement of 5.76 acres. · Wetlands - SFLWM has jurisdiction over 19.4 acres of wetlands. · Proposing preserving 6.3 acres of wetlands and an acre of uplands. · Impacting 13 acres of wetlands and mitigation includes preservation and enhancement of approx. 7.3 acres of habitat on property. They are purchasing 6.05 credits through a private mitigation bank. · Going through permitting process with SFL WM and expect permits this year. · Listed species - surveys were done and none observed. 2 January 5, 2005 . Satisfied all requirements including Growth Management Plan Many of the plant species are protected by the Florida Dept. of Agriculture. Thirteen acres of wetlands will be destroyed with some plant species on that portion. Had not planned on pulling any of the species out. Ms. Lynne suggested it would be a good project for the school. Mr. Hughes moved to accept PUDZ-2004-AR-5611. Second by Ms. Lynne. Carried unanimously 5-0. B. Rezone No. RZ-2003-AR-4961-Home Center Plaza Rezone Section 3, Township 51 South, Range 2 East. - Disclosures - none - All those testifying were sworn in by Marjorie Student. PETITIONER Kelly Smith - Planning Coordinator from Davidson Engineering, Inc. representing Southern Development, Inc. - (Applicant) - requesting a rezone from Agriculture and C-2 within the ST Zoning Overlay to C-3 for both properties. Her presentation consisted of the following: . Total site area is 6.07 acres - proposing preserve of 0.19 acres and uses consistent with the C-3 zoning district including a bank, office and possibly a restaurant. . Plan is for 3 buildings - totaling 53,300 sq. feet. Jeremy Sterk - explained the Falling Waters PUD during their expansion impacting a portion of the wetlands, therefore mitigating a portion of the Home Center Wetland secondarily. (Provided mitigation for making wetland smaller) According to the SFLWM it has made the water quality degraded. Question of why it was an ST. Mr. Sterk mentioned probably because it was a wetland. Barbara Burgeson - Environmental Services - was not sure why the ST Overlay was put on the Commercial tracts. Can be removed through the re-zoning process. Discussion followed on preserving and not preserving a wetland area, mitigation of the site and negotiating through the ERP. The map of the particular area was shown and discussed as to where the preserve area is located. The concern of the Committee is how much mitigation will take place. It is being left to the SFL WM District. Not sure what will be required. 3 January 5,2005 Stan Chrzanowski - Engineering Review - pointed out the ditch that goes into the canal. Henderson Creek comes out of Rookery Bay. The on-site management system was explained about detaining and retaining water on site which is meant to cleanse the water before going into the main system. Most projects on Davis Blvd. drain into the same marine sanctuary. Marjorie Student - Assistant County Attorney - gave a little history with the County designating the ST areas as conceptual. When they do the developing, the EIS ' s are prepared. The property is within the Activity Center ofthe Future Land Use map. No credits have been determined nor mitigation proposed. There will be no permits until mitigation. Mr. Hughes asked if a motion could be made in which this could come back to them after hearing from SFL WM District. Ms. Student stated this is a re-zone petition going to the Planning Commission and Board of County Commissioners. She asked at what point the Committee would like to see the petition again. Mr. Hughes replied at site plan as far as the outfall. Barbara Burgeson - Environmental Services - the committee can request any petition brought back to be re-heard. It can also be brought back as an informational item on the agenda in the future. It the committee is supporting the project and wanting more information, staff can do that. It the committee does not vote on it today, it moves forward without formal action by them. Staff can give follow-up information at a later meeting when the permits are in hand, it can be continued or a stipulation can be put in when the site development plan comes in. It can be brought back to EAC at that time. The staff does not work with mitigation credits. They accept them and review them when they are in place making sure there is not a net loss. Mr. Hughes moved to accept this project for a zoning change to Commercial from Agriculture. After completion of the environmental cycle with the other State agencies, it will come back to the EAC for final site review. Second by Erica Lynne. Carried unanimously 5-0. C. Final Plat and Construction Plans No. PPL-2004-AR-5490, Briarwood Unit 11, Section 32, Township 49 South, Range 26 East. Disclosures - none. Those testifying were sworn in by Marjorie Student. 4 January 5, 2005 PETITIONER Gary Butler - Butler Engineering representing the Petitioner. Project is east of Livingston Road, south of Golden Gate Canal north of Radio Road. It is a 40- acre site being part of Briarwood sub-division and being sub-divided at final phase. Showed overlay of sub-division in the northeastern quadrant. Other information given is as follows: · Primarily Melaluca on site. 16 acres of marginal Melaluca habitat and 24 acres all Melaluca. Saving less than 4 acres of the habitat. · Gopher Tortoises are along the canal and will be relocated on site into the preserves. Will be contributing to a tortoise mitigation bank. · Showed area map - there are two access areas located in the existing Briarwood sub-division - not going through St. Clair Shores as there was controversy. · Showed site plan with lakes and habitat being saved. · A temporary fence will be installed and then a permanent fence along the north and east side of the preserve. · There are 16 acres of viable habitat, less than 75% Melaluca and preserving 25% of that number. No wetlands on site. · They have a management plan for the tortoises. · They are landscaping 15-20 feet on the canal side that is maintained by Big Cypress and cleared all the trees for maintenance. There will be a 6- foot wall along the north half of the easterly line and a 2-foot berm. It will go in before the first building permit is issued. Ms. Hushon moved to accept the plan. (Final Plat and Construction Plans No. PPL-2004-AR-5490 Briarwood). Second by Mr. Hughes. Carried unanimously 5-0. D. Planned Unit Development Amendment No., PUDZ-A-2003-AR- 5168 Malibu Lakes PUD, Section 30, Township 48 South, Range 26 East. Disclosures - none Those testifying were sworn in by Marjorie Student. PETITIONER Wayne Arnold - Grady Minor Engineering - Land Planner - project is an amendment to the existing Malibu Lakes PUD to combine pre-existing commercial planned developments with small agricultural along 1-75 into a single PUD. Project was previously approved. Kimberly-Horn did the site civil work on the project. Lynne Keefer - Kimberly-Horn - briefly gave a synopsis of what has been done on the project as follows: 5 January 5, 2005 · Site consists of pine Flatwoods habitat and exotics including Brazilian pepper and Melaluca. · 10.86 acres of existing native vegetation - per code required to preserve 2.72 acres - are preserving 1.73 acres and creating another .99 acres. · Summarized the acreage of wetlands, exotics and willow marsh. Will propose to impact all the wetlands and mitigation will be purchased in a mitigation bank. · In process of obtaining SFL WM environmental resource permit. · Environmental issues are mostly resolved. · Credits were purchased as part of Brentwood PUD and additional credits have been reserved for remainder ofproject. · No listed species have been found or observed. · There is a fox squirrel preserve on the existing Malibu Lakes that has been developed. · Discussed the stormwater management areas. Will be re-vegetated to meet the original requirements of the preserve area management plan and approved. · Project meets EIS criteria. · Will be purchasing little over 9 wetland credits in addition to credits already purchased. The Immokalee Road construction was mentioned concerning the congestion. Mr. Hughes asked how soon the project will be finished. Mr. Arnold replied it is driven by Target Corporation wanting to build their store on the site. Their construction schedule is moving along and submitted a plat and site plan with the County and wish to start construction in March if all goes well. Ms. Student reminded the Committee they are limited to environmental matters and okay to comment on the traffic etc. but to not take any formal action other than on environmental matters. Kristine Sanchez - Environmental Services - cleared up the subject of plant species not being a part of this particular petition. No listed plant species for the commercial property. Ms. Lynne would like the County to take the listed plant species more seriously in the future. Mr. Gal moved to approve the Petition - PUDZ-2004-AR-5168 Malibu Lakes PUD. Second by Mr. Sorrel. Carried unanimously 5-0. V. Old Business A. Bonuses in Receiving Lands Ms. Hushon had some questions relating to TDR's since she was not in attendance at the last meeting. She was disturbed with the decision of the Committee. She would like to re-open the subject matter. 6 January 5,2005 To reconsider their decision they need someone who voted in the majority to reconsider. They also need to re-advertise and set a time for discussion of the subj ect on the Agenda. Ms. Student pointed out the Amendments going to the Planning Commission on January 6th and suggested someone be appointed to attend that meeting and ask questions or watch it on television. It will then go to the Board of County Commissioners and DCA for review, and then back for final action. The legal consultants will attend the Planning Commission and BCC meetings. She did not feel discussion should take place without it being noticed. Bill Lorenz - Environmental Services Director cautioned there is no staff member familiar with the subject in attendance and were not knowledgeable it was going to be brought up. Ms. Student stated they are Comp Plan Amendments and even though EAC doesn't have statutory requirements she feels uncomfortable discussing it without the proper staff persons and not being advertised. Ms. Lynne had a question if the bonus credits result in an overall increase in density increases the number of units in the receiving area or reshuffles them. Marjorie replied they do not go over and above the density that is already permitted. Ms. Hushon asked about giving bonus' and upping the density on the land - ending up with more residential units originally designed to go on a certain block of land. She understood it doesn't come from any sending or receiving. Again Ms. Student suggested attending the Planning Commission for a better understanding. A brief discussion followed with Ms. Student stating the appropriate staff is not in attendance nor does anyone have the appropriate materials. Mr. Lorenz explained the processes it will go through with the Public Hearing and having an opportunity to review them then. Ms. Student mentioned perhaps the consultants attend a future meeting to explain the details when it comes back for adoption. VI. New Business A. Outstanding Advisory Committee Member Nominations Susan Mason enclosed forms the committee can fill out for nominating any member they feel is outstanding with the work they may have done 7 January 5, 2005 for the Counties benefit. She explained the program. This is done once a month and is for current Board members. Applications have been received for the two vacant seats on the EAC. They will have 2 additional members at their February meeting to fill out the Committee. B. Schedule for Presenting Proposed Listed Species Management Program - Bill Lorenz Outlined Listed Species Management Program the Stakeholders are developing. Gave Presentation - highlights: Possible Elements · Stakeholders Group - not formal · Changes to existing policy because of inconsistencies in wording · Proposals for Comprehensive Wildlife Program · 3 elements Look at more specific Criteria (working on it) How much of a role does Collier County have developing standards and reviewing land development projects for listed species protection. (local standards) Incentive Programs Will ask the BCC to set-up a formal Advisory Committee to look at feasibility and timing of budgetary cycle. A Workshop will be held on Friday, January 21st at 1 :00 PM. VII. Council Member Comments - None VIII. Public Comments - None ********** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :07 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COMMITTEE Chairman Alfred Gal 8