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EAC Minutes 06/14/2006 R June 14,2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, June 14, 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 a.m. in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence Dolan J ames Harcourt William Hill - Absent Lee Horn Judith Hushon Irv Kraut - Absent Nick Penniman Michael Sorrell ALSO PRESENT: Catherine Fabacher, Principal Planner Marjorie Student-Stirling, Assistant County Attorney Steven Griffin, Assistant County Attorney Susan Mason, Senior Environmental Specialist Bill Lorenz, Director of Environmental Services Barbara Burgeson, Sr. Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA JUtlEi14,2006 - note date change 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 May 3,2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR 4988 "Summit Lakes RPUD" Section 26, Township 48, Range 26 B. Conditional Use CU-200S-AR-7942 Alternative Treatment Center Section 29, Township 48, Range 27 VII. Old Business A. Update members on projects VIII. New Business A. Submittal packaging requirements B. Proposed LDC Amendment - 2006 CYCLE 1 IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ************************************************************************** ****************************** Council Members: Please notify the Environmental Services DeDartment no later than 5:00 D.m. on June 9, 2006 if vou cannot attend this meeting or if vou have a conflict and will abstain from voting on a Detition (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. June 14,2006 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:00 a.m. II. Roll Call A quorum was established. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Dr. Hushon. Carries unanimously 7-0. IV. Approval of May 3, 2006 Meeting minutes Corrections: - Page #3 for Mr. Harcourt it should have been Geologist not Biologist. - Page #3 should have read "tillandsia" not "talanzia". - Page #3 should have read "fox squirrel" not "fox squire" - Mr. Sorrell would like to retract his comments on the Keewaydin subject after finding out that it is public land. Mr. Horn moved to approve the May 3, 2006 minutes as amended. Second by Mr. Penniman. Carries unanimously 7-0. V. Upcoming Environmental Advisory Council Absences Mr. Penniman will be out of the Country for two months. Mr. Sorrell will not be at the August meeting. VI. Land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR 4988 "Summit Lakes RPUD" Section 26, Township 48, Range 26 - Presenters were sworn in by Mr. Griffin. Dwight Nadeau reviewed the project: (see Environmental Advisory Council Staff Report for details) The project will include workforce housing. Construction is set to begin June of2007. Properties have been added to the project over time. There are two large contiguous preserve areas. 2 June 14,2006 Mike Myers added that wood storks and panthers will have to be addressed as part of the permitting process. James Anderson, RW A demonstrated the flow pattern on a map. It was brought out that surface water management aspects that will be permitted by South Florida Water Management District as laid out in the Land Development Code is not a part of the Environmental Advisory Committee's charge, though they can ask questions. The charge does include water quality, loadings, and storm water management system relating to preserve areas. It was noted that long skinny lakes can create a stagnant situation; and if they are to be aerated it would need to be at both ends. Dr. Hushon expressed concerns on the report about plant listed species not being found on this property, while conjoining properties have reported them. Mike Myers replied that the primary focus of listed species is for wildlife. If plant listed species are located on the property he agreed to relocate them to the preserve area. The Committee expressed concerns on: a potential spring being in the area, no attempt by the developer to work with the hydrology and projects that are not complete before they are brought before the Committee. Mr. Dolan moved to approve Planned Unit Development No. PUDZ-2003- AR 4988 with staff recommendations and contingent upon an ERP permit from South Florida Water Management District. Second by Dr. Hushon. Mr. Dolan amended his motion to include a note that items are being approved without full project knowledge. Dr. Hushon amended the second. Motion carried 6-1 with Mr. Penniman opposed. B. Conditional Use CU-2005-AR-7942 Alternative Treatment Center Section 29, Township 48, Range 27 Presenters were sworn in by Mr. Griffin. Tim Hancock, Davidson Engineering reviewed the project: (see Environmental Advisory Council Staff Report for details) The Alternative Treatment Center is a voluntary facility. It is a fairly encapsulated approach; therefore it will not be a high traffic area. 3 June 14,2006 The project will not impact the wetlands. Tim Hall, Terrell & Associates found hand ferns located on the cabbage palms on the site. Thirty-eight hand ferns were located and plotted through GPS (plant locations were demonstrated on a map) that would be impacted by the development. The owners have made a commitment to relocate the cabbage palms hosting the hand ferns within the preserve area to replace the exotic plants that have been removed. Bat houses on the site were suggested. Mike Hess, Green Time introduced the LEED program as a recognized bench mark to determine if you have an environmentally friendly building. The project is aimed to achieve the highest level of Green Certification (he demonstrated what is needed to achieve the platinum award). The Committee encouraged the public to participate in the meetings. Mr. Penniman moved to approve the staff report on petition CU-2005- AR-7942 with the amendment of relocation of the hand fern host trees. Second by Dr. Hushon. Motion carries unanimously 7-0. Terrell & Associates will let the Environmental Advisory Council know how the relocation of the cabbage palms proceeds. The meeting recessed at 10:28 a.m. reconvening at 10:44 a.m. Mr. Penniman commented that there is a common thread on projects brought before the Committee: a lack of information. VII. Old Business A. Update Members on Projects Dr. Hushon gave a letter to the staffto distribute in the information packets next month in support of Rookery Bay protection. Ms. Mason reported: Palermo Cove was approved by the Board of County Commission 5-0. Rock Edge was approved by the Board of County Commission 5-0. Keewaydin will go before the Planning Commission July 20th. Dr. Hushon requested to have the Committee notified when the Keewaydin project will go before the Board of County Commission. 4 June 14,2006 VIII. New Business A. Submittal packaging requirements Ms. Mason asked that groups preparing information for the Environmental Advisory Committee not submit them in a bound system, they can not be shipped. Mr. Hughes would like sites video taped for presentation. B. Proposed LDC Amendment - 2006 CYCLE 1 Sections 1.08.02, 2.01.03A.9., 2.01.03B.1.e., 2.01.03G.1.f.: Mr. Penniman moved to recommend. Second by Mr. Hughes. Carries unanimously 7-0. Sections 1.08.02,2.04.03,2.06.01, and 4.02.38: Gene Jordan reviewed events of the Smart Growth Committee. Discussion ensued semi pervious paved areas and on the Land Development Code being in conformance with the implementation of the Special Basin Rule. Mr. Penniman moved to recommend approval. Second by Mr. Hughes. Carries unanimously 7-0. Section 2.03.07P: Mike DeRuntz reviews the proposed amendment changes. Mr. Penniman suggested a language change on page #82, 3.c. to the word "may"; Ms. Student-Sterling suggested "be required to meet the requirements of the land code for EIS". Mr. Dolan moved to recommend approval. Second by Mr. Hughes. Carries unanimously 7-0. Section 3.05.02: Barbara Burgeson reviewed the proposed changes. Mr. Penniman moved to recommend approval. Second by Mr. Dolan. Carries unanimously 7-0. Section 3.05.07 A: 5 June 14,2006 Mr. Dolan moved to recommend approval. Second by Mr. Penniman. Carries unanimously 7-0. Section 3.05.07.H.1.b: Dr. Hushon suggested clarifying the equation. Mr. Lorenz reviewed the amendment changes giving a Power Point Presentation (see attachment). Mr. Dolan suggested looking at how other local governments deal with contiguous land definitions. Rich Yovanovich, Goodlette, Coleman & Johnson thanked staff on keeping them informed on regulation changes. He suggested taking a step back and addresses mitigation criteria. He thinks that this provision will not affect many of the projects and not reduce time spent with staff. He would like to have more discussion on the subject before its adoption. The staff addressed his concerns. Changing the language as proposed will aid in staff time reduction on projects. Mr. Hughes moved to have this come back at the next regularly scheduled meeting for further review upon the additional information considered today. Second by Mr. Dolan. Carries unanimously 7-0. The meeting recessed at 12:39 p.m. reconvening at 1 :25 p.m. Lee Horn did not rejoin the meeting at its reconvening. Section 3.05.07.H.1.d: Mr. Lorenz reviewed the amendment changes through a Power Point Presentation (see attachment) regarding storm water going into County Preserves the impacts, adequate water quality treatment and water quality treatment definition within the Land Development code. There is no provision within the Land Development Code for monitoring preserves receiving storm water. It was brought out by the Committee that there is no way of knowing the water quality unless water tests are run. Mr. Dolan explained how monitoring is performed on wetlands for the first five years noting that the information is there it is just not provided to the County Staff. Discussion ensued on the possibility of monitoring the wetland preserves and surrounding areas where storm water is aloud, with the suggestion to publish the results. Dr. Hushon requested to have the document have consistent spelling of "storm water". Speakers- 6 June 14,2006 Nicole Ryan, Conservancy of Southwest Florida expressed appreciation on the concerns for monitoring. The Conservancies concerns are to the preserves used as part of the storm water treatment plan, the water being detrimental to native vegetation, water quantity being too much for the area and remain for an unhealthy duration of time, and the quality of water going into the area. She suggested eliminating the language on ".7 below and above", tie in wetland reporting and setting up a penalty for noncompliance. Mr. Lorenz addressed the investigation into UMAM scores delegation of authority to the County Staff. Dr. Hushon suggested setting the language at the 25 year storm for the threshold of a berm, with the uplands set at 3 feet and monitoring preserves receiving storm water. Mr. Hughes moved to have further adjustment to this proposal brought back in 30 days and have South Florida Water Management District brought back. Second by Mr. Dolan. Carries unanimously 6-0. Section 3.05.07.H: Dr. Hushon would like the following language change under the heading REASON: "This requirement was created prior to the current GMP and LDC when staff did not have specific criteria for selecting the preserves...it required that the developer select at least 75% of the preserves for the project when the PUD master plan was developed. Its original purpose was to reduce conflicts. . ." Rich Y ovanovich, suggested that identifying 100% of the preserve area is an unnecessary significant expense to developers. Ms. Burgeson replied that most projects come in with 100% of preserve identification. Mr. Penniman moved to adopt the language as the staff has presented it. Second by Mr. Hughes. Motion carries 5-1 with Mr. Dolan opposed. The meeting recessed at 2:56 p.m. reconvening at 3:08 p.m. Mr. Harcourt did not rejoin the meeting at its reconvening. Section 4.06.02: Dr. Hushon moved to ask Zoning and Land Development Review in a future cycle to look at an LDC amendment that would take into account 7 June 14,2006 the storm and hurricane worthiness of trees and make recommendations regarding selections of plantings. Second by Mr. Hughes. Motion carries unanimously 5-0. Section 5.03.06: Mr. Dolan moved to approve staff recommendations. Second by Mr. Penniman. Motion carries unanimously 5-0. Section 8.06.04: Mr. Penniman moved to approve. Second by Mr. Dolan. Motion carries unanimously 5-0. Mr. Dolan brought out that the website still shows a requirement of an annual report. Mr. Lorenz agreed to look into it. Sections 10.02.02.A.2, 10.02.02.A.4.h, and 1O.02.02.A.7: Ms. Burgeson reviewed the changes including a language change of item "A.2.d.iv. A previous EIS is more than 5 years old and preserve areas have not been previously established through approval of a development plan." And item "A.2.d.v. Preserve areas are not in compliance with current Growth Management Plan and Land Development Code requirements." Mr. Penniman moved to approve with changes as submitted and amended today. Second by Mr. Hughes. Carries unanimously 5-0. IX. Subcommittee Reports None X. Council Member comments None XI. Public Comments Mr. Hughes gave kudos to Mr. Griffin. Mr. Penniman notified the Committee to be alert to the Basin Rule coming in about 6 months. He would like to recommend to the Board of County Commission to partially rely on this Committee to deal with the issue of water quality. 8 June 14,2006 There being no further business for the good of the County, the meeting was adjourned by the order ofthe Chair at 3:27 p.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 9