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EAC Minutes 12/07/2005 R December 7,2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, December 7, 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 William Hill Lee Horn- Absent Judith Hushon Irv Kraut- Excused Erica Lynne Nick Penniman Michael V. Sorrell ALSO PRESENT: Susan Mason, Senior Environmental Specialist Steven Griffin, Assistant County Attorney S tan Chrzanowski, Planning Review 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA December 7, 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 November 2, 2005 Meeting minutes V. Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development no. PUDZ-2003-AR-4991 "Rockedge PUD" Section 23, Township 50S, Range 26E VII. Old Business A. Update members on projects VIII. New Business A. Outstanding Advisory Council Member Nominations IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ************************************************************************** ****************************** Council Members: Please notifv the Environmental Services DeDartment Administrative Assistant no later than 5:00 D.m. on December 2, 2005 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a Detition (403-2424 or cherirollins@collieraov.net). 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. December 7, 2005 I. Meeting was called to order at 9:02 AM by Chairman Hughes. II. Roll Call Roll call was taken with Irv Kraut being excused. A quorum was established. III. Approval of Agenda Dr. Lynne moved to approve the agenda. Second by Mr. Dolan. Carried unanimously 7-0. IV. Approval of November 2, 2005 Meeting minutes Mr. Hughes noted for clarification on page four under "VI. Land Use Petitions, B. Conditional Use No. CU-2005-AR-7749, "Living Word Family Church", Section 30, Township 48S, Range 27E" his use of "chemistry" may have been too broad; he was specifically making reference to pesticides, herbicides and other environmental chemical applications. Mr. Penniman moved to approve the November 2nd, 2005 minutes. Second by Dr. Hushon. Carried unanimously 7-0. V. Environmental Advisory Council Absences There are no known absences for the next couple of meetings. VI. Land Use Petitions A. Planned Unit Development no. PUDZ-2003-AR-4991 "Rockedge PUD" Section 23, Township 50S, Range 26E _ All those testifying were sworn in by Mr. Griffin. - No disclosures addressed. Bob Mulhere, RW A Consulting gave a presentation including the following points: · Introduced presenters. · Demonstration of project location on overhead. · 400 Multi family units are proposed; 111 of the units will be provided as affordable housing, constituting 80% of the Counties annual median income of $65,000 or less. · More than 25 acres will be preserved. · Several archeological sites will be preserved. 2 December 7, 2005 . There will be restricted access to the conservation areas where the archeological sites are located. Emilio Robau, RW A Consulting mentioned a berm and structural buffer that will be created to make traversing to the conservation areas more difficult. Dr. Hushon noted the Oak Hardwoods toward the front area of the property around the entrance being a slow growing tree that would be good to preserve. Mr. Robau replied that the entrance may have to shift due to the planned road changes for Collier Blvd. (951); though they would try to make every effort to retain the large Oaks. The Hospital potential access could be through an extension of Rattlesnake Hammock Rd. Water flow, discharge, impervious surfaces and listed species were addressed. It was mentioned that the water discharge will flow to the same location it does currently with the same amount of water. Mr. Mulhere noted that the affordable housing can provide housing for employees of the Hospital to the North. He will email the formula for figuring affordable housing. Mr. Robau demonstrated drainage discharge on overheads. The drainage is directed into the lakes prior to discharge. Mr. Hughes expressed concern about what will take place once lakes have silted out also addressing the issue to the public. Mr. Robau replied that source prevention would be in the home owner's association documents. Mr. Chrzanowski will forward an email to Committee Members that addresses the water management Best Management Practices and request a representative to give a presentation to the Committee. Dr. Hushon moved to accept Planned Unit Development no. PUDZ- 2003-AR-4991, "Rockedge PUD", Section 23, Township 50S, Range 26E with staff recommendations. Second by Mr. Dolan. Carries unanimously 7-0. VII. Old Business A. Update members on projects Susan Mason gave an update including the following points: 3 December 7, 2005 . Staff reviewed the recordings of the Environmental Advisory Committee meeting regarding Sable Bay finding that the Conservancy was concerned about management and proper protection of the conservation easement and wanted to be incorporated into the easement to make sure there are no alterations ofthe intent of preservation and to be involved with the different types of management techniques for the tortoise. The motion passed included approval of Sabal Bay with staff stipulations, to include the Conservancy of Southwest Florida into the management and conservation easement, and to require the tortoise relocation study as discussed during the meeting. Some of the stipulations did not make it into the final version that went before the Board of County Commissioners. Mr. Dolan noted that WCI would be glad to work with the local college students to include them in on the relocation of gopher tortoises on the site pursuant to the permit from the Fish and Game Commission. He has already spoken with a Doctor at FGCU about grad students. Mr. Hughes expressed that time should be taken in order to make motions clear and concise. Susan Mason continued with the update: . Petition Bristol Pines went before the Board of County Commissioners and was approved with stipulations with a 4 to 1 vote. Mr. Chrzanowski gave an update on the Marisol Project, noting that the Core of Engineers has not issued permits as of yet. On an excavation permit an applicant can not move forward until attaining all Federal and State approvals as noted by Mr. Griffin. The Marisol PUD does have an expiration date, therefore if the project does not commence after a given time after approval it will expire. Ifthere are any changes to the Marisol Project Mr. Hughes suggested that the Environmental Advisory Committee has the right to review. Mr. Sorell had tried to get information from the Game and Fish Commission on the success of the gopher tortoise relocation. Even under the Freedom of Information Act and a registered letter he was not able to obtain the information. 4 December 7, 2005 Mr. Penniman moved that the Collier County Environmental Advisory Committee staff form a letter officially requesting information on gopher tortoise relocation studies to be received within a reasonable period of time. Second by Mr. Sorrell. The letter will be sent to the Florida Fish and Wildlife Conservation Commission in Tallahassee. Motion carries unanimously 7-0. Susan Mason continued with the update: . The January 4th Environmental Advisory Committee meeting that will include the Growth Management Plan Amendment can be an extended meeting in order to cover necessary items. Bill Lorenz noted that the Growth Management Plan Amendment Subcommittee will be meeting after the current meeting. A Planning Commission meeting should be occurring in February so all of the amendments should be finalized prior. He suggested having an extended meeting on January 4th, with the contingency plan of having available another meeting time if all items are not covered. Ms. Mason will reserve January 1th at 9: AM-12: PM in contingency. Mr. Hughes invited the public with new ideas pertinent to environmental Issues. VIII. New Business A. Outstanding Advisory Council Member Nominations None IX. Subcommittee Reports Covered under "VII. Old Business, A. Update members on projects" X. Council Member Comments Open discussion ensued covering the following issues: · Impervious areas and hydrology need to be looked into as a long term Issue. · Impervious areas can be made into pervious or partially pervious. · A subcommittee addressing impervious areas and hydrology issues was suggested. · Examining this issue for the County as a whole was suggested. 5 December 7, 2005 · There are no specifications in the LDC for impervious areas. · There is no current process for single families to come in for a water management permit. · Guidelines for impervious areas need to be provided. XI. Public Comments Brad Cornell, Collier County Audubon Society the County is looking into listed species as a whole for the County. He recommended considering the Conservation Coastal Management Element goal 2 objective 2.1 on water shed management planning, along with being proactive instead of reactive. Ms. Mason just received notice that the Marisol project permits were denied by the Core of Engineers. Mr. Lorenz added that the Core denied the permit due to the determination that it did not comply with the Clean Water Act section 404 B 1 guidelines. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:47 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 6