Loading...
EAC Minutes 12/06/2006 R December 6, 2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, December 6,2006 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 James Harcourt William Hill (absent) Lee Horn (absent) Judith Hushon Irv Kraut (absent) Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Marjorie Student-Stirling, Assistant County Attorney Barbara Burgeson, Sr. Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA December 6, 2006 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 1, 2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Rezone No. RZ-2005-AR-7271 (2nd hearing for EAC, no backup material) "Public Facilities Rezone" Section 10, Township 51 South, Range 26 East B. Site Development Plan No. SDP-2005-AR-8865 "Immokalee Regional Airport - Phase I SDP" Sections 34 and 35, Township 46 South, Range 29 East 8t Sections 2 and 3 Township 46 South, Range 29 East C. Planned Unit Development No. PUDZ-2005-AR-7820 "Kaicasa RPUD" Sections 12 and 13, Township 47 South Range 29 East VII. Old Business A. Update members on projects VIII. New Business A. Roberts Rules of Order Presentation - Sue Chapin B. Form subcommittee for 2007 LDC cycle C. 4-year review of the EAC by the BCC IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ************************************************************************** ****************************** Council Members: Please notify the Environmental Services Deoartment no later than 5:00 o.m. on Oecember 1, 2006 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a oetition (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. December 6, 2006 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:12 a.m. II. Roll Call A quorum was established with Judith Hushon absent at the time of roll call. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Mr. Dolan. Carries unanimously 5-0. IV. Approval of November 1, 2006 Meeting minutes Mr. Penniman moved to approve the November 1, 2006 minutes. Second by Mr. Sorrell. Carries unanimously 5-0. V. Upcoming Environmental Advisory Council Absences Mr. Penniman will not be able to attend the meeting in January. Barbara Burgeson will check on other possible dates in January to verify a quorum can be present. VI. Land Use Petitions A. Rezone No. RZ-2005-AR-7271 (20d hearing for EAC, no backup material) "Public Facilities Rezone" Section 10, Township 51 Range 26 East Presenters were sworn in by the Assistant County Attorney No disclosures. Dominic Domico, Representing Collier County Utilities gave a presentation including the following points: The water system project is needed in this location as laid out in the Growth Management Plan. The goal is to have it on the public record that a public facility will be on this site; which is why they would like to have the rezone at this time. The project will not be built for another 5-10 years. He gave a power point presentation (see attachment) demonstrating the site location and the potable water pump station and the ASR project currently located on the site. 2 December 6, 2006 Alicia Abbott, Collier County Public Utilities Engineering addressed Committee questions noting that the site will probably have a membrane plant. The discharge water will not affect the Henderson Creek or any other aquifers in that area. Pam Libby addressed Committee questions that the site is currently fenced around the portion that is in use. Dominic Domico continued his presentation: The site will be rezoned for essential services only which would limit the site more than it is currently set up for. Essential services can include- water lines, sewer lines, natural gas lines, telephone lines, communication towers, electrical transmission and distribution lines, substations and emergency power structures, sewage lift stations, water pumping stations, essential service wells and any other well that has been permitted by the Water Management District. Marjorie Student-Stirling, Assistant County Attorney reported that there are two classes of essential services- permitted and conditional. Mr. Penniman moved to recommend approval of Rezone No. RZ-2005- AR-7271, "Public Facilities Rezone", Section 10, Township 51 Range 26 East. Second by Mr. Dolan. Motion carries unanimously 5-0. Mr. Hughes invited the Water Utility Department Management Staffto give a presentation on corrosion control within the distribution grid. B. Site Development Plan No. SDP-2005-AR-8865 "Immokalee Regional Airport - Phase I SDP" Section 34 and 35, Township 46 South, Range 29 East & Sections 2 and 3 Township 46 South, Range 29 East Presenters were sworn in by the Assistant County Attorney No disclosures. Theresa Cook, Executive Director with the Collier County Airport Authority introduced presenters. Luke Carrier demonstrated an aerial photograph of Phase I which covers approximately 165.4 acres of the 13,000 acre site. Lena Hoffman, Passarella & Associates demonstrated an aerial photograph of the proposed development. There are 1.15 acres of South Florida Water Management District jurisdictional wetlands and 1 0.69 acres of other surface waters. Nine gopher tortoise burrows were located; two active, and seven 3 December 6, 2006 inactive. A scrub jay and a little blue heron were observed. An incidental take permit for gopher tortoise was issued by the Florida Fish and Wildlife Conservation Commission in 1999. Only tortoises within the construction area will be relocated to the permanent upland preserve of 145 acres that were placed in a conservation easement to serve as a relocation area. There will also be an additional 3 acres of preserve to meet the needs of the LDC code specifically for this SDP. The County Staff had recommended that a relocation permit is needed on top of the take permit that has already been issued, but the Florida Fish and Wildlife Conservation Commission will not issue another permit. The scrub jays should move themselves to the preserved lands as the Airport develops. The water flow of the property was reviewed. Mr. Hughes mentioned that he would like to know what the soil chemistry is since the facility had been set up by the military. Public Speakers: Joan Yasharian, Economic Development Council reported that a number of companies have plans to develop in the area and they hope for a positive outcome. Ralph Carter, President of C- Tech Manufacturing Florida, LLC is a company that plans to relocate within Phase I. They are looking to build a 200,000 square foot affordable housing and housing manufacturing plant which should create 200 jobs. Brad Cornell, Collier County Audubon Society asked questions for clarification. Mr. Dolan moved to approve Site Development Plan No. SDP-2005-AR- 8865, "Immokalee Regional Airport - Phase I SDP", Section 34 and 35, Township 46 South, Range 29 East & Sections 2 and 3 Township 46 South, Range 29 East with the staff recommendations excluding the need for a valid relocation permit. Second by Mr. Harcourt. After open discussion Mr. Dolan amended his motion to include the deletion of the storm water management component because they already have the permit. Mr. Harcourt amended his second. Motion carries unanimously 5-0. The meeting recessed at 10:29 a.m. reconvening at 10:45 a.m. C. Planned Unit Development No. PUDZ-2005-AR-7820 "Kaicasa RPUD" Sections 12 and 13, Township 47 South Range 29 East 4 December 6, 2006 Presenters were sworn in by the Assistant County Attorney No disclosures. Laura Spergen, Senior Planner with Johnson Engineering representing Habitat for Humanity gave an overview of the project demonstrating maps. There will be 400 affordable housing units. Twenty-two and one half acres of wet lands are proposed to be preserved. They request that they provide the base flood elevation approval from FEMA by the final development approval and that there be a deviation for only one sidewalk running along the street where there is no housing. Peggy Grant, Ecologist for Johnson Engineering demonstrated and reviewed the wetland site design. There will be mitigation of wetland impacts on and off the site. Panthers have been located in the area. Panther mitigation has already been set up and addressed. Management plans will be included within the SDP. Additional acreage above the required amount ofland will be preserved. Chris Haken, Johnson Engineering addressed the water flow. Laura Spergen demonstrated the location where the single sidewalks are proposed for land preservation. Mr. Hughes expressed concerns with warding off animals prior to construction. Public Speakers: Brad Cornell, Collier County Audubon Society pointed out that the majority of Panthers do not have collars. He suggested being proactive with addressing wildlife conflict issues through a living with wildlife education and outreach program. He recommended land mitigation be like lands mitigated for like lands. Stan Chrzanowski mentioned that Collier County is having their FEMA maps reevaluated. The petitioner has requested that their current FEMA elevation be guaranteed. This could cause a problem for them if the base flood elevation is higher; their insurance rates could be very high. Steven Linberger, Environmental Services Department reported that staff has found the petition consistent with the Comprehensive Plan; they recommend approval with the stipulation in the staff report. Stan Chrzanowski reviewed the Basin and Lidar maps. 5 December 6, 2006 Mr. Penniman moved to recommend approval of Planned Unit Development No. PUDZ-2005-AR-7820, "Kaicasa RPUD", Sections 12 and 13, Township 47 South Range 29 East with the conditions as set forth in the staff recommendations with the exception of #2 under Engineering Storm Water Management which is the sidewalk deviation and #5 under Environmental which is also for the sidewalk deviation. Second by Mr. Dolan. Motion carries unanimously 5-0. VII. Old Business A. Update members on projects Terrafino has been continued. VIII. New Business A. Roberts Rules of Order Presentation - Sue Chapin Sue Chapin gave a presentation on Roberts Rules of Order (see attachment). Dr. Hushon joined the meeting at 11 :50 a.m. Barbara Burgeson reported that the next Environmental Advisory Committee meeting can be conducted Thursday January 11 th from 9:00 a.m. to 1 :00 p.m. Staff will contact the Committee to verify the date and time. Dr. Hushon noted that she will not be able to attend the meeting during January. B. Form subcommittee for 2007 LDC cycle Dr. Hushon and Mr. Harcourt volunteered to serve on the subcommittee. The first meeting should occur in early February. c. 4-year review of the EAC by the BCC Barbara Burgeson reported that staff is working on the review. Barbara Burgeson demonstrated the results of the reorganization recommendation (see attachment). Concerns were expressed by the Committee about departments with environmental issues being moved to departments that would not carry staff with environmental knowledge that is necessary to carry out duties properly (specifically the code enforcement movement). 6 December 6, 2006 Mr. Penniman moved to respectfully suggest to the Board of County Commissioners that this board and others be given time to review these recommendations for reorganization and come back with concerns. Second by Mr. Hughes. Motion carries unanimously 6-0. Marjorie Student-Stirling reported that the Environmental Advisory Committee is not purvey to internal reorganization, so discussion and motions should be limited to environmental issues. Dr. Hushon moved to object as a Board to the moving of Code Enforcement out of CDES to the Sheriffs office; Environmental Code Enforcement can not successfully function in that office. Second by Mr. Sorrell. Motion carries unanimously 6-0. IX. Subcommittee Reports None X. Council Member Comments It was requested to address the issue of Terrafina. Ms. Student-Stirling recommended having discussion after it is publicly noticed for the January meeting and the applicant is present. XI. Public Comments None ***** There being no further business for the good ofthe County, the meeting was adjourned by the order of the Chair at 12:37 p.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 7