EAC Minutes 11/02/2005 R
November 2, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, November 2, 2005
LET IT BE REMEMBERED, that the Environmental Advisory Council 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:
William Hughes
Terrence S. Dolan
Lee Horn
Judith Hushon
Irv Kraut
Erica Lynne
Nick Penniman- Excused
Michael V. Sorrell- Absent
ALSO PRESENT: Susan Mason, Senior Environmental Specialist
Steven Griffin, Assistant County Attorney
Stan Chrzanowski, Planning Review
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ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
November 2, 2005
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") - Third Floor
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of October 5, 2005 Meeting minutes
V. Environmental Advisory Council Absences
VI. Land Use Petitions
A. Rezone no. RZ-2005-AR-7276
"Briana Breeze Subdivision"
Section 4, Township 51, Range 26
B. Conditional Use no. CU-2005-AR-7749
"Living Word Family Church"
Section 30, Township 48S, Range 27E
C. Site Development Plan No. SDP-2003-AR-4620 - Continued from October 5 Meeting
"41 T Corporation Industrial Facility"
Section 10, Township 48 South, Range 25 East
D. Planned Unit Development No. PUDZ-A-2004-AR-6417
"1-75/Alligator Alley PUD"
Section 34, Township 49 South, Range 26 East
VII. Old Business
A. Update members on projects
VIII. New Business
A. Outstanding Advisory Council Member Nominations
IX. Council Member Comments
X. Public Comments
XI. Adjournment
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Council Members: Please notify the Environmental Services Department Administrative Assistant
no later than 5:00 p.m. on October 28. 2005 if yOU cannot attend this meetina or if you have a
conflict and will abstain from votina 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.
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November 2, 2005
I. Meeting was called to order at 9:04 AM.
II. Roll Call
Roll call was taken with Nick Penniman being excused. A quorum was
established.
III. Approval of Agenda
Dr. Hushon moved to approve the agenda with the addition of "Marisol".
Second by Dr. Lynne. Carried unanimously 6-0.
IV. Approval of October 5, 2005 Meeting minutes
Dr. Lynne noted on page 7 her point of implication was the need for peer
reviewed scientific literature when Bald Eagle Plans are presented, not merely
studies performed by government agencies that have been called into question.
Dr. Hushon addressed page 2 section 4 that should have read "Dr. Hushon",
along with page 4 that should have read "Wolf Creek PUD".
The motion made on page 8 under "Sabal Bay" was discussed; it was concluded
that the motion was complete as read but it will be looked into.
Dr. Hushon moved to approve the October 5, 2005 minutes with changes.
Second by Mr. Dolan. Carried unanimously 6-0.
V. Environmental Advisory Council Absences
VI. Land Use Petitions
A. Rezone No. RZ-2005-AR-7276
"Briana Breeze Subdivision"
Section 4, Township 51, Range 26
- All those testifying were sworn in by Mr. Griffin.
- No disclosures addressed.
Chris Thornton gave a presentation including the following points:
· Introduced presenters.
· Due to the location of the property the owner has agreed to limit
the density of the project to 2.2 units per acre.
· 25% preservation of native vegetation on site is required by the
Comprehensive Plan.
· The property had been illegally cleared by previous owner.
· Demonstration of anticipated layout.
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November 2, 2005
. No listed species on site.
Tim Hall addressed one of the picture maps showing 75% exotics being a
mistake.
Ms. Mason noted the County ranking showing high quality wetlands
taking priority over uplands; if they are low quality, the uplands would
take precedence.
Mr. Dolan moved to approve Rezone No. RZ-2005-AR-7276 "Briana
Breeze Subdivision" Section 4, Township 51, Range 26 with staff
recommendations. Second by Mr. Kraut. Carried unanimously 6-0.
B. Conditional Use No. CU-2005-AR-7749
"Living Word Family Church"
Section 30, Township 48S, Range 27E
_ All those testifying were sworn in by Mr. Griffin.
- No disclosures addressed.
Laura Herrero, Johnson Engineering gave a presentation including the
following points:
· Introduced presenters.
· A conditional use is allowed.
· Demonstration of area on map.
· Water levels on site are lower than expected for the type of system.
· Total wetland avoidance is not practical.
· No indication of listed species utilization.
· Wetland limits have been reviewed and approved by South Florida
Water Management on October lih.
· Unified Mitigation Assessment Method for the functional analysis
has been reviewed and approved for existing conditions.
· Staff recommends E.R.P. permits acquisition prior to site
development.
Laura Spurgeon noted the 5 acre tracts off the boundaries ofthe land
have not been platted.
Larry Harris, Johnson Engineering addressed questions including the
following points:
. A 20ft. limit on the depth of the ponds.
· Addressed driveway.
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November 2, 2005
Laura Spurgeon mentioned the Church seating 500 persons with offices
and no school.
Mr. Harris addressed underground line connection projected for 2008-
2009.
Mr. Hughes expressed concern for flooding, chemistry control, and
licensed professionals performing work.
Ms. Herrero noted the installation of 2 wells to monitor water levels. As
of October 19th the water level came above ground twice.
Dr. Hushon moved to approve Conditional Use No. CU-2005-AR-7749
"Living Word Family Church" Section 30, Township 48S, Range 27E
with staff recommendations. Second by Mr. Kraut. Carries
unanimously 6-0.
C. Site Development Plan No. SDP-2003-AR-4620 - Continued from
October 5 Meeting
"41 T Corporation Industrial Facility"
Section 10, Township 48 South, Range 25 East
_ All those testifying were sworn in by Mr. Griffin.
- No disclosures addressed.
Clayton Miller, Coastal Engineering gave a presentation including the
following points:
· Major power lines run through the property.
· Wet lands and are being preserved.
· There will be a storage area for concrete.
· The business is recycling inert construction materials.
· Two surveys were performed, the later demonstrated one listed
species plant, with the recent not showing any indication.
· Demonstration of project location and layout.
Material storage visibility discussed.
Mr. DeRuntz noted requirements for buffers between residential and non
residential properties. The plantings would be 15 feet on center.
Mr. Hughes expressed concern about noise levels of machinery.
Mr. Miller said that the intent is to have a permanent facility which does
not create the noise that a temporary crushing facility would. The
anticipated truck traffic would run 6-8 trucks a day.
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November 2, 2005
Mr. Hughes feels that it is smart to have materials recycling.
Dr. Lynne expressed concern about the listed plant species due to the
nature of the plant going dormant underground.
Recessed at 10:03 AM reconvening at 10:12 AM.
Andy Woodruff was sworn in by Mr. Griffin.
Mr. Woodruff gave a presentation including the following points:
· Curtis's Milkweed does go dormant; there is no determination to
say the plant is not still there.
· A follow up survey can be performed, if it is found they can
relocate it.
· The plant prefers disturbed areas.
Dr. Lynne would like to see an expert in Curtis's Milkweed; such as
Maria Minno that can be reached at 904-375-3028 from Gainesville, be
contacted to make recommendation on one plant being genetically
significant, how to assess its existence, and how it can be protected.
The listed species can be relocated to a different location on site as noted
by Ms. Mason. Other agencies need reports that will not be in for a
while, so there will be enough time for this to come before the
Environmental Advisory Council again.
David Weston, Coastal Engineering is looking to have the business start
up, at least in the front end of the property.
Dr. Hushon moved to approve the first phase of development for Site
Development Plan No. SDP-2003-AR-4620 - Continued from October
5 Meeting, "41 T Corporation Industrial Facility", Section 10,
Township 48 South, Range 25 East consistent with staff
recommendation #1, returning with FWS, FWC, and a Curtis's
Milkweed Expert reports before proceeding with phase two.
(Open discussion on motion by Board Members and Presenters)
Dr. Hushon then added on staff recommendations 2,3, and 4. Second
by Mr. Dolan. Carries unanimously 6-0.
D. Planned Unit Development No. PUDZ-A-2004-AR-6417
"1-75/ Alligator Alley PUD"
Section 34, Township 49 South, Range 26 East
- All those testifying were sworn in by Mr. Griffin.
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November 2, 2005
- No disclosures addressed.
Robert Dwayne gave a presentation including the following points:
· Introduction of presenters.
· 40 acres were originally zoned commercial.
· Hydrology of property is not ideal.
· Property was planted on several times, each time failing due to the
hydrology.
· Offsite mitigation.
· 6.12 acres will be replanted.
Kenneth Passarella gave a presentation including the following points:
· Property was previously permitted.
· Mitigation plan was developed in the 1980's.
· Soil conditions are inappropriate for plantings.
· A TV vehicles continued to utilize the area.
· South Florida Water management would like to mitigate off site.
· Required native vegetation will be maintained.
Jerry Neal gave a presentation including the following points:
· Demonstration of water discharge on maps.
· Reconstruction of weir.
· Reviewed elevations.
Mr. Hughes suggested adding a retention pond, with Ms. Mason
mentioning that lakes can not be part of a preserve.
Dr. Lynne moved to approve Planned Unit Development No. PUDZ-
A-2004-AR-6417, "I-75/Alligator Alley PUD", Section 34, Township
49 South, Range 26 East with staff recommendations along with the
preserve area being fenced in accordance with County requirements
at least until the native vegetation has been reestablished and self
perpetuating. Second by Mr. Dolan. Carries unanimously 6-0.
VII. Old Business
A. Update members on projects
No projects have gone before the Board of County Commissioners for
final hearing.
VIII. New Business
A. Outstanding Advisory Committee Member Nominations
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November 2, 2005
None
B. Marisol Project
Dr. Hushon would like to make some recommendations to further protect
the environmental areas.
Stan Chrzanowski noted that the master plan has been approved and is in
existing zoning. He will invite Marisol presenters along with Brad Cornell
to make a presentation before it goes to the Board of County
Commissioners.
Mr. Griffin mentioned that Brad Cornell had filed a public petition with
the Commissioners. The Commissioners felt that it warranted enough
reconsideration that they wanted to hear it as a full agenda item. The
Environmental Advisory Council can review or consider the subject. The
petition was to look at what comments the Army Core had offered.
Barbara Burgeson added that if this Council hears the presentations
before the Board of County Commissioners then with a 5 or more member
vote a formal recommendation can be made to the Commissioners; it will
not go through the normal process.
IX. Council Member Comments
None
X. 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: 18 AM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Chairman William Hughes
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