Loading...
EAC Minutes 02/01/2006 R February 1,2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, February 1,2006 LET IT BE REMEMBERED, that the Collier County 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, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence Dolan William Hill Lee Horn Dr. Judith Hushon Irv Kraut Dr. Erica Lynne Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Steve Griffin, Assistant County Attorney Susan Mason, Senior Environmental Specialist 1 --"'-'-~'_~____"_"__.m.._..,~ ...._,.__.. ENVIRONMENTAL ADVISORY COUNCil AGENDA February 1, 2006 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order II. RollCall III. Approval of Agenda IV. Approval of December 7 & January 4, 2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. New Business A. Outstanding Advisory Council Member Nominations B. Wetland Protections in the South Florida Water Management District ERP Program VII. land Use Petitions A. Conditional Use CU-AR-7181 "North Bay Resort Beach Pavilion" Section 14, Township 51S, Range 25E B. Site Development Plan No. SDP-2003-AR-4596 "Fishermans Village" Section 11 & 14, Township 50S, Range 25E VIII. Old Business A. Saba I Bay update B. Continuation of Review of EAR amendments VIII. Subcommittee Reports IX. Council Member Comments XI. Public Comments XII. Adjournment *****-*************-*****************************************-**********-***-********************** Council Members: Please notify the Environmental Services DeDartment no later than 5:00 D.m. on January 27. 2006 if you cannot attend this meetinQ or if you have a conflict and will abstain from yotinQ on a Detition (403-24241. 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. February 1, 2006 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:04 AM. II. Roll Call A quorum was established with Michael Sorrell absent at the time of roll call. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Dr. Hushon. Carries unanimously 8-0. IV. Approval of December 7 & January 4, 2006 Meeting minutes Dr. Lynne commented that she would like it on the record that at the end of the meeting she had requested the tape of the Sabal Bay Petition for review. Mr. Dolan moved to approve the December 7, 2005 minutes. Second by Dr. Hushon. Carries unanimously 8-0. Dr. Hushon moved to approve the January 4, 2006 minutes. Second by Mr. HilI. Carries unanimously 8-0. V. Upcoming Environmental Advisory Council Absences None VI. New Business A. Outstanding Advisory Council Member Nominations Mr. Hughes moved to have Dr. Hushon nominated for the Outstanding Advisory Council Member. Second by Dr. Lynne. Carries unanimously 8-0. B. Wetland Protections in the South Florida Water Management District ERP Program Ed Cronin, South Florida Water Management District Environmental Supervisory for Wetland Regulatory Section gave a Power Point Presentation (see attachment) including the following points: Review of jurisdictional area. Environmental Resource Permitting Program reviewed. 2 February 1,2006 Responsibility is to permit surface water management systems. The primary goal of the Wetland Regulatory Program is no net loss in wetland functions. Review ofUMAM Basics Questions were addressed including the following points; UMAM State and Federal differ in the amount it takes to offset an impact. Upland preservation is viewed as an interregnal part; the Core of Engineers is not quite as fervent. Standards are the same throughout the State. Harvey Harper is a Federal criterion. Water quality criteria vary by County. Michael Sorrel joined the meeting at 9:22 AM. A Water Use program is set up to cover consumptive usage. Wetland function categories; o Hydrological- amount of time water stands on surface and how deep it stands o Length o Depth o Quality An Environmental Resource Permit takes into account both wetland issues as well as water quality and flood control issues. Location and quality of the land are taken into consideration. Dr. Lynne expressed interest in having the Water Management Permit completed before petitions come before the Environmental Advisory Council. Ms. Mason added that projects sometime propose UMAM scores, though they are often not accurate. Mr. Hughes then proposed that if the projected UMAM score is radically different then the actual score then it should come before the Council again. Dr. Hushon agreed that the project should not be seen until the first RAI. Language changes can be made in the Land Development Code to accommodate the recommendations. Further questions were addressed including the following points: For most of South Florida the surfacial aquifer will be at the same level as seen on the surface. In order for ground water to be used a permit is required. Mr. Chrzanowski suggested that the Council go to the USGS website and research the subject. He can ask Terry Banks to give a presentation. 3 February 1, 2006 Mr. Hughes inquired as to why South Florida Water Management District has a large turn over in personnel; he would like someone from management to return with an answer. VII. Land Use Petitions A. Conditional Use CU-AR-7181 "North Bay Resort Beach Pavilion" Section 14, Township 51S, Range 25E - Presenters were sworn in by Mr. Griffin. - Dr. Hushon, Dr. Lynne, Mr. Dolan, Mr. Horn, Mr. Hill disclosed having communicated with Nicole Ryan from the Conservancy of Southwest Florida. Clay Brooker gave a presentation including the following points; A Beach Pavilion is to be built on the Northern side of Keewaydin Island. 4.32 acres over 2 lots. It is zoned agricultural with a conditional use of passive recreation. Aerial photographs were demonstrated. There are no private lands on either side of the properties; they are owned by the State. The Pavilion will be an elevated 2,925 square foot screened covered building with showers and a handicapped lift. It will be an amenity to the Naples Bay Resort Club. The structure will not be in the dunes or mangroves. The environmental sensitivity is acknowledged. The project has been working in conjunction with the Conservancy of Southwest Florida, Rookery Bay National Estuary and Reserve and private land owners. An operational manual will be part of the conditional use process review which every staff person will be required to read and abide by. An educational plan will be set up addressing wildlife, plant life, and environmental sensitivity. A video will probably be shown on the shuttle boat to the Island. Elements of the operational manual were reviewed. The area can also be accessed by three private vessels, though personal watercraft will not be permitted. A 56 person limit will be set for the entire property. Fifteen people and under will require one staff person while over fifteen persons will call for two staff persons on the Island. No lights are anticipated at this time, solar power will be explored. An electric golf cart will be operated on the board walk for special needs. Aerial mosquito repellants will not be used. Special events will go through the Counties Special Event process; a 56 person limit may be exceeded. 4 February 1, 2006 There will be no fireworks, and boat races. Concerts are still under discussion. Food and Beverages will be transported on and removed from the site daily. Alcohol will be permitted. Beach umbrellas and chairs will be used, stored and locked under the beach pavilion. Trash will be disposed on a daily basis. Staff will conduct a daily clean-up, including 100 yards beyond the land boundary. Open fires, and pets will be prohibited. Questions were addressed including the following points: It was recommended to go through the Conditional Use Process. The enforcement of the 56 person limit on the property is still being discussed. Dr. Hushon suggested having a sign-up sheet similar to a T- Time in order to limit the number of persons on the Island at one time. There will be a septic system with a back-up drain field. Dr. Hushon suggested limiting the number of persons on the land for special events due to the fact that what happens on this property will affect the entire Island. Dr. Lynne suggested looking at the system at CorkScrew Swamp. Tim Hall, Terrell and Assoc. noted that the system is similar to the CorkScrew Swamp system. There is an emergency bypass, it is self contained. The system can handle between 60-70 persons. The feasibility of the septic system was discussed. John Stiger, Terrell and Assoc. noted that the Keewaydin Club was able to handle a septic system on the Island for a number of years. Further questions were addressed including the following points: There is no plan to expand the facility at this time. A Memorandum Of Agreement concept is agreeable; it was to be developed by Rookery Bay A conservation easement prohibiting any use of the entire property except the facilities foot print as requested by the Conservancy is not agreeable. The proposal is to have 75% of the property untouchable. 5 February l, 2006 The generator will work in the same way as the homes on the Island. It will come on when solar power is not available. Mr. Sorrell suggested having the generator double incased for a sound barrier. Mr. Hughes suggested a vessel that could provide the power and restroom facilities. He expressed concerns with compliance of visiting persons. The Memorandum Of Agreement is not foreseen to be part ofthe approval process because it will be a private agreement between the project and Rookery Bay. Mr. Dolan suggested having members sign the operational manual. Dr. Lynne feels that the Memorandum Of Agreement should be included in the approval process. She also expressed concern about future expansion of the facility. The meeting recessed at 11 :06 AM reconvening at 11 :20 AM. Mr. Penniman, Dr. Lynne and Dr. Hushon disclosed having conversed with Nicole Ryan during the recess. Ms. Mason brought to the attention of the board that a Special Event Beach Permit would in no way regulate the number of people or the number of times the events take place. Public Speakers- Anthony Pires, of Woodward, Pires and Lombardo representing himself and individuals owning property on Keewaydin made the following points; Review of the Planned Unit Development compliance. The Land Development Code requires a development on a shoreline to have an analysis demonstrating the impact of a six inch rise of sea level. No analysis has been performed. There are 750 memberships, allowing for access to the Island via boat rentals, shuttle service, charter boats and personal craft. The facility is a draw for people. 10.3 of the Conservation Coastal Element addresses that undeveloped coastal barriers shall be maintained predominantly in the natural state and natural functional shall be protected. The EIS does not address the use of the facility or the people impact only the structure. Single family use is compatible, but the facility is a conditional use. 6 February 1, 2006 It has not been demonstrated that the project is consistent with the Code and Growth Management Plan. He and others respectfully request recommendation for denial due to inconsistency with the Growth Management Plan, the Land Development Code and the EIS is insufficient. People can be more devastating to a dune system than a hurricane. Ms. Mason noted that the shoreline rise analysis should have been part ofthe EIS. Stephen Lenberger, Environmental Services Department added that the structure is 7-8 feet above sea level. James Jentgen has been a property owner on Keewaydin Island for 17 years. He has been approached for the sale of his land for a similar use. If this project is approved then all others would have to be approved. He feels that the Island is very fragile with a limited caring capacity; the caring capacity needs to be developed. Solar Power is used at his cottage; the generator is used about two hours a year. If approved the properties already owned would become more valuable, though he is not for approval of the project. Kristina Tomblin is a resident of the Island. Her general concern is with the caring capacity. When the time comes that owners ofthe private property would like to build they may be prevented due to the caring capacity having been exceeded. John McNicholas a solar contractor that builds photo electric and water collection systems on the Island was asked to speak on behalf ofthe home owners. There is little discussion on potable water; it is usually collected from rain water. Water is a limited resource; it is hard to know how much is available for the Island. Calculations need to be performed to determine water use needs. If the sea water is broken through while digging a well it could ruin the fresh water bubble. Composting toilet remains will need to be removed in order to be maintained properly. Dr. John VanDongen is a land owner on the Island. The intensity of use is more than ten times the use of a private residence. There will be no way to control the behaviors or the number of the persons going on location. Rookery Bay has no legal jurisdiction on private land, they can only write it down in a file. Rookery Bay does not have the personnel to monitor the area. If the developer sells the property it will be another entity monitoring it. He gave a plea to reject the project. Nicole Ryan, Conservancy of South West Florida mentioned that the Conservancy's use of ATVs on the Island is for gofer tortoise monitoring. Restrictive covenants and an educational video needs to be addressed. A 7 February 1, 2006 major concern is the size of the facility and lack of assurance that there will be no expansion later on. Issues to be addressed- 56 person limit enforceable with penalties for noncompliance, beach chairs not left out, no ATVs on site, no beach renourishment, aerial spraying for mosquito control and legal agreement with enforcement attached to condition use permit. It is the Council's responsibility to make recommendations based on a variety of factors, such as the compatibility to adjacent properties, property owners and land uses. If approval is recommended then require a restrictive covenant be placed on the land outside of the building foot print and the detailed MOA be attached to the conditional use permit; or recommend denial based on issued concerns. Mr. Brooker added that they have not seen the MOA as of yet so he can not say as to the probability of its attachment to the permit. John T. Conroy Jr. has been in commercial realty for 39 years and believes this is a location that should not be developed for commercial use. He believes the caring capacity can be defined by the sewage treatment plan. There will be a number of persons that feel they have the right to be on the land because of having paid dues. Brad Cornell, Collier County Audubon Society expressed concerns with the staff report and the EIS because they give no accounting of accumulative impact analysis, such as beach nesting and resting beach birds. The County has no tool by which an assessment can be made. It is unknown if it is an acceptable level of impact to the beach habitat species. Mr. Brooker addressed the subjects raised: The dock will not be altered allowing for more boats. The footprint ofthe facility will not be more than the amount of two private homes. It is not believed that the generator will be running all the time. It is fully intended to enforce all of the restrictions discussed. It is agreed that there will be no support for beach renourishment. Nesting birds will be addressed in the educational program. He believes that they have doubled over in efforts in trying to address legitimate concerns ofthe environmental community and private homeowners. Recommendation of approval for the project was requested. Mr. Griffin brought out that the attorneys office believed that the Conditional Use Process is the appropriate process to be used for this project. The process has given the public the ability to comment. Under the Collier County Land Development Code 10.08.00 it is the Council's obligation to consider the factors- as to whether or not the project is consistent with the Land 8 --.."...-------.--- ---~,~~~,,~,--_._._-- February 1, 2006 Development Code and Growth Management Plan, issues of ingress and egress, effect of conditional use on neighboring properties in relation to noise, glare, economic impact and odor, and proposed use compatibility with adj acent properties and other properties in the district in order to determine whether or not the conditional use will adversely affect the public interest along with determining how the specific requirements governing the specific use if any have been met. Mr. Penniman moved to recommend denying application for conditional use CU-AR 7181 with concern to caring capacity of Keewaydin Island not only by this project but also what will come in the future and concern with enforceability of 56 people on the land. Second by Dr. Hushon. Dr. Hushon expressed concern with inadequate information presented and that the property can not handle exceptional events. Mr. Dolan added that impacts would be far worse if the land was not in between protected lands. The MOA should have been drafted, and the sewage capacity needs to be addressed. He would like to give the opportunity to come back with further information. Motion carries unanimously 9-0. The meeting recessed at 12:24 PM reconvening at 1 :07 PM. Dr. Lynne left the meeting at 12:24 PM. B. Site Development Plan No. SDP-2003-AR-4596 "Fishermans Village" Section 11 & 14, Township 50S, Range 25E - Presenters were sworn in by Mr. Griffin. Clay Brooker gave a presentation including the following points: Overhead aerial photographs of site and site plan demonstrated. The water body known as Halderman creek is a drainage ditch. The proposed land will have temporary placement of dredged spoil. A new conservation easement will go into place once going through the State and Federal permitting process. The County must complete the dredging project by January 1st 2007 and clean up no later than February 151 2007. The STP must be approved by the County or the County can not use the land for temporary placement of the dredged spoil. 51 accessory wet slips are requested. 9 February 1,2006 Michael Frankenberger gave a presentation including the following points: Previously permitted project. Mangroves were planted on the site. Listed wading birds reviewed. Ryan White, Davidson Engineering gave a presentation including the following points: The storm water management has been designed to the South Florida Water Management District Criteria. There will be a dry detention then discharge of runoff. Roof runoff and road runoff will be conveyed to the dry detention then into Halderman Creek Canal. Dr. Hushon asked that the land is tested for TPH and heavy metals meeting the requirements for the State for residential property. Tim Hall, Terrell & Assoc. has been working on a program to create landscape management plans for new and existing developments trying to compile the Best Management Practices. There will be a landscape management plan that will be guidelines for the association that takes over. Mr. Lenberger added that after the creek has been dredged it will be channel marked. The quantity of slips has been regulated according to the Manatee protection plan. Dr. Hushon moved to accept Site Development Plan No. SDP-2003-AR- 4596, "Fishermans Village", Section 11 & 14, Township 50S, Range 25E with staff recommendations as listed relating to permits or letters of exemption of South Florida Water Management District shall be submitted to the Environmental Services Department for review prior to preconstruction meeting with the Engineering Services Department and the approved Conservation Easement for the County required preservation shall be recorded within 90 days of site development plan approval. Second by Mr. Hughes. Mr. Dolan encouraged the applicant to find the credits locally or go to the Pine Island mitigation bank. Mr. Penniman noted that once again we are dealing with incomplete data. Motion carries unanimously 8-0. Lee Horn left the meeting at I :43 PM. 10 February 1,2006 VIII. Old Business A. Sabal Bay update Susan Mason has been in contact with WCI, they did say they had the same understanding that they would fund a study for gofer tortoise. Both the Planner and Enviromnental Reviewer will have the stipulations in the plan. B. Continuation of Review of EAR amendments Mr. Hughes asked about an amendment suggestion on light pollution. Mr. Chrzanowski replied that a committee had been set up. It happened that landscapers, police, environmentalist, transportation, and architectural persons were concerned about were the lights were placed. The minimum standard for Collier County is lower than Lee County's highest standard. Mr. Hughes questioned about Golden Gate properties being broken up into small plots having an enviromnental impact beyond the original scope, being placed in this amendment cycle. Mr. Chrzanowski replied that it is already written that the properties can not be subdivided below 2.25 acres. There has been talk about staggering the pads to require buildings not to be placed next to each other. David Weeks, Planning Manager mentioned that what are being reviewed are the amendments to each of the elements of the Growth Management Plan with the exception of two, the Housing, and Immokalee Area Master Plan. It is mandated by State Statute for local government to review the Growth Management Plan and evaluate it to determine ifit is functional, to determine if a change is needed, and to reflect any State and Federal statute changes. The document was then reviewed by sections. Potahle Water Sub-Element- Kris Van Lengen, Comprehensive Planning gave an overview of changes with explanations on the changes. The public facilities element contains five sub-elements- sanitary sewer, solid waste, drainage, and aquifer recharge. Dr. Hushon suggested specifying a "rolling" ten-year plan with an annual update under "Objective I". Solid Waste Sub-Element- Mr. Van Lengen gave an overview of changes with explanations on the changes. 11 February I, 2006 Irv Kraut left the meeting at 2:05 PM. Mr. Hughes would like to be the first in the Country to regulate packaging waste. Bill Lorenz suggested having the idea go to the Solid Waste Department. Draina!!e Sub-Element- Mr. Van Lengen gave an overview of changes with explanations on the changes. Dr. Hushon brought up that it had been previously suggested to have language in "2.1" showing completion of the Water Shed Management Plan by 2012. Mr. Lorenz indicated that the language was selected to ensure that the County would be committed to starting the process. Eugene Calvert, Storm Water Management Department noted that there are budget and time constraints to manage the projects. Due to the budget constraints he does not feel it will be feasible to start before 2008. Dr. Hushon suggested that putting aggressive dates into the Growth Management Plan can force more funding. Discussion ensued on the pros, cons, and ability to have the dates limited to a shorter period of time. Mr. Penniman suggested having a letter written. Mr. Griffin proposed to craft the language to make it consistent with the State and Federal level. Golden Gate Area Master Plan Element- Michelle Mosca, Comprehensive Planning Department gave an overview of changes with explanations on the changes. A map was demonstrated on the overhead. David Weeks explained the language on density bonus by right. Marco Island Master Plan- Deleted in its entirety. 12 February 1,2006 Future Land Use Element- David Weeks gave an overview of changes with explanations on the changes including grammar and density changes. Inter!!overnmental Coordination Element- Corby Schmitt gave an overview of changes with explanations on the changes. Mr. Penniman gave kudos to the clarity of the language. The meeting recessed at 3:00 PM reconvening at 3:06 PM. Transportation Element- Corby Schmitt gave an overview of changes with explanations on the changes. Dr. Hushon feels that traffic light timing should be put into the document in order to not have to build new roads; just make the existing ones work better. Phil Tindall, Transportation Planning Department a traffic flow program through technical means has been implemented on Pine Ridge Road. He will work on the correct place to insert the language into the document. Mr. Hill noted that speed bumps create a delay for the EMS. Recreation & Open Space Element- Corby Schmitt gave an overview of changes with explanations on the changes. Dr. Hushon suggested developments having mandatory parks. Corby Schmitt noted that language within the Code for hurricane shelters within communities is being encouraged. Capital Improvement Element- David Weeks gave an overview of changes with explanations on the changes. Dr. Hushon pointed out the inconsistency with page five "A7.3. $270.00" and page two under Recreational Elements showing "$240.00". 13 February I, 2006 Economic Element- Nicole Fernandez gave an overview of changes with explanations on the changes. Dr. Hushon proposed adding "relaxation of impact fees on workforce housing" under "3.14". Natural Groundwater Aquifer Rechar!!e Sub-Element- Kris Van Lengen, Comprehensive Planning gave an overview of changes with explanations on the changes. Sanitarv Sewer Sub-Element- Kris Van Lengen gave an overview of changes with explanations on the changes. Mr. Hughes would like to have a reaction plan for flooding. Dr. Hushon is concerned about the adequacy of the Harvey Harper Model for lakes and water systems. She related the experience of a person that performs lake sampling: he has noted that 6-9 months after the lake has been dug the depth decreases by 3-5 feet, and that after 4-5 feet there is no water turnover. This creates anaerobic degradation. Aerating lakes can correct the problem. Lee County is creating language to require that lake systems greater than an acre be aerated with annual monitoring. She would like to get language into the Growth Management Plan to define the extent of the problem with a model and leave the ability to evaluate aeration as a possibility to correct the problem. Her suggested language is as follows "A study shall be undertaken prior to 2008 to determine whether the water retention structures designed in accordance with the requirements predicted by the Harvey Harper Model are meet the design requirements after I, 2, and 5 years. If not, the model needs to be adjusted to provide adequate water retention. All water retention basins greater than I acre should be aerated to ensure aerobic degradation of runoff nutrients and pesticides and to avoid the creation of thermoclines that hinder water exchange among levels." She would like to invite a person to give a presentation on the subject. Mr. Lorenz noted that he can add some of the concepts into the document. The meeting recessed at 3:41 PM reconvening at 3:42 PM In lieu of what has been discussed previously Dr. Hushon would like to have the date of2012 instead of2018. 14 February I, 2006 Mr. Lorenz suggested that if staff is not agreeable to the 2012 date that a formal letter is written. Mr. Penniman will work with Mr. Griffin to create the letter. Dr. Hushon presented the following points to be addressed in the letter: A water shed management plan is extremely important. They hold the key to controlling future enviromnental impacts. The County should proceed even if they can not get complete cooperation from the State and Federal Governments. Surface water modeling. Funding to do research. Mr. Hughes moved to accept the changes to the Growth Management Plan as stated this afternoon. Second by Mr. Penniman. Motion carries unanimously 6-0. I. Subcommittee Reports None II. Council Member Comments None III. Public Comments None ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3:49 PM COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 15