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EAC Minutes 11/01/2006 R November 1,2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, November 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 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 Lee Horn Judith Hushon Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Marjorie Student-Stirling, Assistant County Attorney Jeff Wright, Assistant County Attorney Susan Mason, Senior Environmental Specialist Bill Lorenz, Director of Environmental Services Barbara Burgeson, Sr. Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA November 1, 2006 9:00 A.M. CommQnity Develo ment,and Environmental Services Building Rooms 609/610 I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of October 4, 2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. New Business A. Roberts Rules of Order Presentation - Sue Chapin B. EAR Based Amendment: Section 24 Sending Lands Recommendation VII. Land Use Petitions A. This petition was moved to the December meeting. B. Planned Unit Development No. PUDZ-2004-AR 66810 "Hamilton Greens" Section 31, Township 48S, Range 26E C. Planned Unit Development No. PUDZ-2006-AR-10030 "Hammock Park Commerce Centre PUD" Section 14, Township 50S, Range 26E VIII. Old Business A. Update members on projects X Subcommittee Reports XI. Council Member Comments XII. Public Comments XIII. Adjournment ************************************************************************** ****************************** Council Members: Please notify the Environmental Services Deoartment no later than 5:00 o.m. on October 27. 2006 if vou cannot attend this meeting or if vou have a conflict and will abstain from voting on a oetition (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. November 1, 2006 I. Call to Order The meeting was called to order by Chairman William Hughes at 9: 11 a.m. II. Roll Call A quorum was established with James Harcourt absent at the time of roll call. Irv Kraut resigned. III. Approval of Agenda Add: - Move "VII. Land Use Petitions" before "VI. New Business" - Roberts Rules will be continued until the next meeting. Mr. Penniman moved to approve the agenda as amended. Second by Dr. Hushon. Carries unanimously 7-0. IV. Approval of October 4, 2006 Meeting minutes James Harcourt joined the meeting at 9:14 a.m. Discussion ensued on the potential to have the minutes verbatim. Mr. Hill moved to approve the October 4, 2006 minutes. Second by Mr. Sorrell. Carries unanimously 8-0. V. Upcoming Environmental Advisory Council Absences Dr. Hushon will only be able to attend the December meeting in the afternoon and will not be in attendance at the January meeting. VI. Land Use Petitions A. The petition was moved to the December meeting. B. Planned Unit Development No. PUDZ-2004-AR 66810 "Hamilton Greens" Section 31, Township 548S, Range 26E Presenters were sworn in by the Assistant County Attorney. No disclosures addressed. George Varnadoe gave a presentation including the following points: He demonstrated an aerial map of the property and a concept of the actual plan. 2 November 1, 2006 It will be a walkable compact community. The homes are on a lake or preserve. A wall will be constructed between the property and Wilshire Lakes. About 47% of the site will be preserved. Two active and three inactive gopher burrows were identified. Due to site specific restraints they will be relocated to Lee County. The five 20 foot culverts to recreate the historic flow pattern will also be set up as crossings for small wildlife. Brick pavers will be placed to reduce speeds. A deviation from the Land Development Code has been requested in order to put only one side walk along the roadway running to the east side of the property in order to not have to impact any more wet lands then necessary. A demonstration of the flow way was given. Craig Smith demonstrated the location of the gopher burrows, noting that they had to be relocated because the preserve lands were not suitable for the tortoises. There were no locations within Collier County for relocation; but they will be relocated within the required 50 mile radius. Stan Chrzanowski demonstrated the flow pattern on an aerial map. The County Staff recommend approval with the stipulation that the project must obtain an ERP environmental resource permit from the South Florida Water Management District. Dr. Hushon moved to accept "Planned Unit Development No. PUDZ- 2004-AR 66810, "Hamilton Greens", Section 31, Township 548S, Range 26E" with staff recommendations and with the sidewalk deviation because of the small number of units and the environmental nature. Second by Mr. Penniman. Mr. Penniman gave kudos to the flow of the presentation. Motion carries unanimously 8-0. C. Planed Unit Development No. PUDZ-2006-AR-I0030 "Hammock Park Commerce Centre PUD" Section 14, Township 50S, Range 26E Presenters were sworn in by the Assistant County Attorney. No disclosures. Bob Mulhere introduced his team. He then gave an over view of the project: Display of a map of the property location. 1.63 acres of native preservation. There is an existing ERP permit on the property. 3 November 1,2006 The EIS contains a Big Cypress Fox Squirrel management plan. There is no site development plan. Cheryl Brunner mentioned that there are no Big Cypress Fox Squirrels on the property. Concerns were expressed about the water flow bringing noted toxins from land to the north down into this property. Amelia Rabeau reported that there is no evidence of contaminant migration into the projects property and there is no evidence of contaminant migration into Henderson Creek. Dr. Hushon expressed concerns with a TPH test on the contaminated property not having been conducted and that the Phase I conceptual site plan shows the dry retention area on the highest point of the property. She pointed out that there are significant artifacts in the region. Mr. Mulhere noted that there are efforts toward working with FPL and their easement to create a roadway connecting with the Hospital. Stan Chrzanowski demonstrated the water flow within the discussion area on an aerial map. Dr. Hushon suggested utilizing pervious paving. Stephen Lenberger reported that the staff find the project consistent with the Growth Management Plan and support the petition. Mr. Sorrell mentioned that the FPL easement has been a dumping site for years. Mr. Penniman added that the presentation was incomplete. Mr. Hill mentioned the difficulty of talking about and reviewing potential environmental problems when the Environmental Advisory Committee is not given information on water management for projects. Stan Chrzanowski replied that the ordinance would have to be changed to address Mr. Hill's issue. Barbara Burgeson added that the Board of County Commissioners discussed a language change to the Ordinance to include "The service water management aspects of any petition that is or will be reviewed and permitted by South Florida Water Management District are exempt from review by the EAC, except to evaluate the criteria for allowing treated storm water to be discharged into preserves as allowed in section 30507." 4 November 1, 2006 Mr. Dolan moved to recommend approval with staff recommendations of "Planed Unit Development No. PUDZ-2006-AR-I0030, "Hammock Park Commerce Centre PUD", Section 14, Township 50S, Range 26E". Second by Mr. Penniman. Mr. Mulhere noted for the record that he will do more testing. Dr. Hushon would like to include Phase II test monitoring for TPH and to consider pervious parking in the motion. Mr. Dolan amended his motion to include Dr. Hushon's comments. Mr. Penniman amended his second. Motion carries unanimously 8-0. The meeting recessed at 10:45 a.m. reconvening at 11 :05 a.m. VII. New Business A. Roberts Rules of Order Presentation - Sue Chapin Continued until the next meeting. B. EAR Based Amendment: Section 24 Sending Lands Recommendation Chairman Hughes turned the meeting over to Vice Chairman Hushon. Bill Lorenz gave a presentation on an overhead addressing Section 24, North Belle Meade that it is being reviewed to change from a designation of "Neutral" lands to "Sending" lands. One hundred and eighty letters was sent out asking property owners to enter their land to do a site visit; seven owners gave permission. Mac Hatcher's observations on those parcels were consistent with the 2003 Red Cockaded Woodpecker study (see attachments). He demonstrated the land with the proposed lands to be designated "Sending" (see attachment). A portion ofthe land is proposed to remain "Neutral" but the land preservation percentage be changed to 60%. Mac Hatcher added that Red Cockaded Woodpecker cavity trees that were known to the County were involved in a fire. Dr. Hushon reviewed the activities of the Habitat Conservation Plan Advisory Committee. Endeavors are being made to communicate with persons in the affected area. David Weeks brought out that giving the lands a "Sending" designation would not allow those property owners to be served by central water and sewer. 5 November 1,2006 It was suggested to make sure property owners are being informed. It was also suggested to post a sign on the highway around the area. Public Speakers- John Cowan is a licensed Realtor. He owns almost all of the trees involved in the discussion. He has had plans to develop the 102 acres into 20 home sites. No one has seen a cavity or a Red Cockaded Woodpecker on any of his property. He received the letter from the County; he threw it into his file without a response because he did not understand what they were asking and he did not see any reason to do what they were doing since it had been reviewed so often. Brad Cornell, Collier County Audubon is very concerned that there is no proactive set of policies that will recover and increase the number of Red Cockaded Woodpeckers in Collier County. The Collier County Audubon Society supports the staff commendation to redesignate portions of Section 24, but they do not support the remaining lands to keep designated as "Neutral". The western mid cavity habitat also should be designated as "Sending". The "Neutral" lands need the higher retention ofland. Nancy Payton, Florida Wildlife Federation gave the reminder that this is a habitat preservation endeavor. It does not matter if a Red Cockaded Woodpecker was observed on the land. She feels that the County has gone above and beyond to educate land owners. She supports Brad Cornell's comments on additional lands to consider for the "Sending" lands designation. The 70% vegetation retention should remain for those lands that are designated "Neutral" lands. A Florida Panther was located in this area also. Mr. Hughes moved to recommend leaving the "Neutral" lands at 70% and include the property in the South West Corner (demonstrated on an overhead) within the designated "Sending" lands. Second by Mr. Horn. Mr. Dolan expressed discomfort with making a decision because he does not feel informed. Mr. Sorrell does not feel comfortable with speculating on the small properties having or not having Woodpeckers on them. Motion carries 6-2 with Mr. Dolan and Mr. Sorrell opposed. VIII. Old Business A. Update members on projects Windstar PUD is moving through the process. 6 November 1, 2006 IX. Subcommittee Reports None X. Council Member Comments It was suggested that the information packets given to the Council Members can be past on to the next Committee if they have not been written on in order to recycle them. XI. 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 12:27 p.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 7