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EAC Minutes 10/04/2006 R October 4, 2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, October 4, 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 (excused) J ames Harcourt William Hill (excused) Lee Horn Judith Hushon Irv Kraut (excused) Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Marjorie Student-Stirling, Assistant County Attorney Susan Mason, Senior Environmental Specialist Bill Lorenz, Director of Environmental Services Barbara Burgeson, Sr. Environmental Specialist Jeff Wright, Assistant County Attorney 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 4, 2006 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F'1- Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of September 6,2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Rezone No. RZ-2005-AR-7271 "Public Facilities Rezone" Section 10, Township 51 South, Range 26 East B. PUDA-2005-AR-7818 "Pine View" Section 18, Township 49S, Range 26E VII. Old Business A. Update members on projects B. GMP discussion of EAR-based GMP amendments (CCME only) (Will be mailed in separate mailing once complete.) VIII. New Business A. Chairperson and Vice-Chairperson election 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 a.m. on SeDtember 29, 2006 if YOU cannot attend this meetinG or if YOU have a conflict a~d 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. October 4, 2006 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:05 a.m. II. Roll Call A quorum was established. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Mr. Sorrell. Carries unanimously 5-0. IV. Approval of September 6, 2006 Meeting minutes Changes: Page #3 LDC Section: 3.05.07. H.1.d. Dr. Hushon would like for her comment to say "storm water in preserves" instead of "small projects". Page #4 under the comment by Bruce Layman it should have been "areas" not "area" and under the comment by Doug Lewis it should have been "rigid" note "ridged". Dr. Hushon moved to approve the September 6, 2006 minutes with changes. Second by Mr. Penniman. Carries unanimously 6-0. v. Upcoming Environmental Advisory Council Absences Dr. Hushon will be out for the meetings in December and January. Susan Mason announced that the November 1 sl meeting will be at 2800 North Horseshoe Drive. VI. Land Use Petitions A. Rezone No. RZ-2005-AR-7271 "Public Facilities Rezone" Section 10, Township 51 South, Range 26 East Presenters were sworn in. No disclosures. Fred Reishel gave a presentation. He noted that Collier County would like to have this property rezoned to "Public Use" so that it is known that it will have a government facility on it in the future. It has not been decided what the use of the site will be. The gopher tortoises that were on the property have been relocated. Land that is designated for preservation was demonstrated. 2 October 4, 2006 Alicia Abbott mentioned that the property is currently being used for water storage and will potentially be used for a water treatment facility. Open discussion ensued with the following objections expressed: Not to have an emergency facility on land that is in a flood zone. Gopher tortoise mortality rate is high after relocation. The person that prepared the report is also the person managing the preserve land for gopher tortoise relocation. The actual use of the property is undefined. When it is defined the project can return for review. Susan Mason mentioned that the habitat was not suitable for gopher tortoises. Dr. Hushon moved to deny the petition due to lack of information and stated comments. Second by Mr. Sorrell. Motion carries unanimously 6- O. B. PUDA-2005-AR-7818 "Pine View" Section 18, Township 49S, Range 26E Presenters were sworn in. No disclosures. Tim Hancock, Davidson Engineering introduced his team. The project is located on the corner of Pine Ridge Road and Whippoorwill. He gave a description of the area and project. There has been a transition of wet lands over the site since 2000; which is possibly due to the surrounding developments. The high quality wet lands (as defined by a representative from Collier County who has been on the site) are set to be preserved. Stan Chrzanowski mentioned that this area up until ten years ago was largely undeveloped. Development started all at once. The last person to develop tends to hold all the water as a "sump" lot. Tim Hancock added that two gopher tortoise burrows were located at the initial survey, one was active and the other was inactive. A later survey found both burrows abandoned with one of them flooded out. It was suggested for the developer to utilize a semi permeable surface which will assist in protecting the lot from flooding. 3 October 4, 2006 Mr. Penniman moved to recommend approval ofPUDA-2005-AR-7818. Second by Mr. Horn. Mr. Penniman amended his motion and restated it to recommend approval of the petition with a strong urge that the petitioner look at the use of semi pervious services as part of the project to mitigate the situation down stream. Mr. Horn seconded again. Motion carries unanimously 6-0. VII. Old Business A. Update members on projects Susan Mason reported: - Windstar PUD was continued to the October 10th meeting. Keewaydin has been under dramatic redesign and has withdrawn from their BCC hearing. Brooks Village has changed their plan; a wall was added. Habitat Conservation Plan Advisory Committee had a panther presentation. The meeting recessed at 10:27 a.m. reconvening at 10:41 a.m. B. GMP discussion of EAR-based GMP amendments (CCME only) Bill Lorenz reviewed the "Objections Recommendations and Comments Report for Proposed Comprehensive Plan Amendment: 06-1ER" (see attachment). A sub-committee was set up to address the objections which were factored into the language suggestions. Randy Cohen mentioned that they have tried to come up with acceptable interim standards while meeting the DCA requirements. There needs to be sufficient data to support the language. Ms. Student-Stirling reiterated the essential need of data analysis to back up the language. Bill Lorenz addressed questions on the Total Maximum Daily Loads to establish the South Florida Water District Basin rule. Public Speakers: Nicole Ryan, Conservancy of South West Florida would like a change in the language "all development projects shall meet 'the' 150%" under line item 'a' to read "all development projects shall meet 150%". She would also like to see the words "flow way" switched to "slew" since "flow way" can also denote a man made drainage ditch. She suggested that the County could later incorporate Best Management Practices into the Land Development Code. 4 October 4, 2006 Council Members had an open discussion on potential changes. The following recommendations were made: Change the language to "Until the water shed management plans are completed, the County shall develop and apply Best Management Practices for all new development and redevelopment projects including but not limited to the following as interim standards for developmen t:" (James Harcourt left the meeting at 11: 18 a.m.) Title the figure. It was suggested by the staff to limit the restrictions to non-single family homes and not define just "new development" while Robert Wiley suggested applying the restrictions to single family homes. Bill Lorenz agreed to provide the new language changes to the Council. Ms. Student-Sterling suggested a member of the Environmental Advisory Council go to the Planning Board to raise any issues that may arise after the language is crafted by the staff. Mr. Lorenz reviewed in detail item #2 from the "Objections Recommendations and Comments Report for Proposed Comprehensive Plan Amendment: 06-1ER" (see attachment). Robert Riley gave further details. (Mr. Sorrell left the meeting at 11 :43 a.m. a quorum no longer existed.) Council Members had an open discussion on potential changes. The following recommendations were made: Compliance with the regulations is followed through by the County and if remediation is necessary then it is performed. Make sure there is a certification procedure. (Mr. Sorrell rejoined the meeting at 11 :48 a.m. again creating a quorum.) Ray Smith, Pollution Control Department reviewed in detail item #3 from the "Objections Recommendations and Comments Report for Proposed Comprehensive Plan Amendment: 06-1ER" (see attachment). (Mr. Horn left the meeting at 11 :54 a.m. a quorum no longer existed, rejoining at 11 :56 a.m. again creating a quorum.) Council Members had an open discussion on potential changes. The following recommendations and issues were addressed: 5 October 4, 2006 Concurrency with State issued laws that do not address the unique issues of Southwest Florida. Change the language to "by land use" instead of "of land uses:' Mr. Lorenz reviewed in detail item #4 from the "Objections Recommendations and Comments Report for Proposed Comprehensive Plan Amendment: 06-1ER" (see attachment). Council Members had an open discussion on potential changes. The following recommendations and issues were addressed: Adding a concept of very small preserve areas. Suggested language was "When a preserve will be smaller than can remain functional as a preserve area for flora and fauna." Public Speakers: Nicole Ryan the language should not be left open to interpretation. She suggested that the language could include rarity of the habitat and the priorities listed in the Land Development Code. Ms. Burgeson suggested adding a line item "e" under line item "(9)" that would say "Required preserve would be smaller than can remain functional" and to change the language under "(9)" to read "preservation retention requirement to be requested to be satisfied by..." (Mr. Penniman left the meeting at 12:20 p.m. a quorum no longer existed.) Randy Cohen reiterated that the Environmental Advisory Councils recommendations will be transmitted. (Mr. Penniman rejoined the meeting at 12:22 p.m. again creating a quorum.) Mr. Lorenz invited those concerned to address the Planning Commission in October. Dr. Hushon moved to recommend these responses with the changes that have been specifically recommended on individual items. Second by Mr. Penniman. Motion carries unanimously 5-0. Mr. Hughes would like a review of water quality of source wells and distribution. VIII. New Business A. Chairperson and Vice-Chairperson election 6 October 4, 2006 Mr. Penniman moved to reelect the current Chairman and Vice- Chairman. Mr. Hughes encouraged others to get involved and join. Motion carries unanimously 5-0. IX. Subcommittee Reports Ms. Burgeson mentioned that the Panther Presentation is now posted on the Habitat Conservation web site. X. Council Member Comments Mr. Hughes added that the November meeting will be recorded and televised at a later date. 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 12:29 p.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 7