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EAC Minutes 02/07/2007 R February 7,2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, February 7, 2007 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 (absent) J ames Harcourt William Hill Lee Horn Judith Hushon Roger Jacobsen Irv Kraut Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Marjorie Student-Stirling, Assistant County Attorney Jeff Wright, Assistant County Attorney Barbara Burgeson, Sf. Environmental Specialist Summer Araque, Sf. Environmental Specialist ENVIRONMENTAL ADVISORY COUNCil AGENDA February 7,2007 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 January 11,2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Site Development Plan No. PUDZ 2006-AR-9206 "Triangle Parcel Section 15 and 16, Township 48 South, Range 25 East B. CPSP-2005-14, Petition requesting an amendment to the Future land Use Map (FLUM) of the Growth Management Plan, to re-designate Rural Fringe Mixed Use District Sending lands to either Neutral lands or Receiving lands, for 92 properties located within various Sections, Townships 48 through 51, Ranges 26 & 27, consisting of 3,646 acres total. [Coordinator: David Weeks, AICP, Planning Manager] VII. Old Business VIII. New Business IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Summer Araaue, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on February 2. 2007 if YOU cannot attend this meetina or if YOU have a conflict and will abstain from votina on a petition (530-6290). 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 7, 2007 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. The May meeting will be on the 7th. III. Approval of Agenda Mr. Hill moved to approve the agenda. Second by Mr. Penniman. Carries unanimously 7-0. Mr. Harcourt joined the meeting at 9:03 a.m. IV. Approval of January 11,2007 Meeting Minutes Mr. Penniman moved to approve the January 11,2007 Minutes. Second by Mr. Sorrell. Carries unanimously 8-0. V. Upcoming Environmental Advisory Council Absences Mr. Harcourt accepted a position with the DEP which will create a conflict of interest for remaining on the Environmental Advisory Council so he will be resigning in a few weeks. VI. Land Use Petitions A. Site Development Plan No. PUDZ-2006-AR-9206 "Triangle Parcel" Section 15 and 16, Township 48 South, Range 25 East Presenters were sworn in by a notary Ken Passarrella, Passarella and Associates, representing Benderson Development Company demonstrated aerial maps of the project location, wetland location, drainage and vegetation. Eight and one half acres of the project are wetlands; the rest is mostly pine flat woods. Around 50% of the wetlands will be impacted by the project which will incur mitigation. Three active and two inactive gopher tortoise burrows were located on the site along with four listed plant species. The presenters are in agreement with staff recommendations. 2 February 7, 2007 Bruce Anderson announced that a correction is in order to right the classification of the project as Commercial not Mixed Use. Summer Araque added that this change will require 15% native vegetation retention instead of the set out 25%. Ken Passarrella noted that this correction will not change the preserve area plans. It was agreed to relocate the tallanzia inside the preserve area. Mr. Hughes introduced Mr. Jacobsen, the new Committee Member. Summer Araque announced that staff recommends approval ofthe SDP with staff stipulations. Stan Chrzanowski demonstrated the water flow within the surrounding area of the project. Mr. Sorrell suggested monitoring the gopher tortoises after relocation to verify success. Dr. Hushon moved to accept Site Development Plan No. PUDZ-2006-AR- 9206, "Triangle Parcel", Section 15 and 16, Township 48 South, Range 25 East, along with staff recommendations, and an additional recommendation that the tallanzia be moved and request that the tortoises that are moved be monitored with reports back after one and five years. Second by Mr. Hill. Motion carries unanimously 8-0. B. CPSP-2005-14, Petition requesting an amendment to the Future Land Use Map (FLUM) of the Growth Management Plan, to re-designate Rural Fringe Mixed Use District Sending Lands to either Neutral Lands or Receiving Lands, for 92 properties located within various Sections, Townships 48 through 51, Ranges 26 &27, consisting of 3,646 acres total. David Weeks, Planning Manager for the Collier County Comprehensive Planning Department reviewed the history of the petition as laid out in the staff report (see attachment). The designation ofthe lands was set by evaluating the lands as a whole, not parcel by parcel. A provision was set up for Sending land owners to ask for an exception on the designation of their property as requested during public hearings. The provision was for Sending Lands that abut Neutral or Receiving Lands. There is a legal requirement that applicants have to submit a notarized letter of authorization when a third party is representing the property owner or the application will be recommended to be withdrawn. Mac Hatcher displayed aerials of the properties recommended for approval of re-designation. 3 February 7, 2007 David Weeks reviewed the history ofTDRs. Summer Araque noted the letter from the Conservancy (see attachment). Public Comments John Vega, representing Frances and Mary Hussey Triple T Ranch noted that the provisions laid out by the County did not account for the possibility of earth mining; it was set up under the possibility of housing developments. The desire for the property is to mine the area that is not Red-cockaded Woodpecker habitat and assist the Red-cockaded Woodpecker habitat since it is changing; and will soon be lost. Joe Bonness demonstrated a map showing the most valuable land for the Red- cockaded Woodpecker and other endangered species along with the potential mining area. He noted that the Red-cockaded Woodpecker habitat is slowly deteriorating. Assistance is needed to maintain the habitat. The mining is planned to go down 80 feet. It has been shown that Red-cockaded Woodpeckers will live with load noise but they will not live within non- vegetated areas. Tim Hancock, Davidson Engineering representing West Florida Agro Limited properties #1 and #2 noted that the properties are split down the middle between receiving and sending. Parcel #2 is utilized as active agricultural and is infested with Brazilian Pepper. Nicole Ryan, Conservancy of Southwest Florida expressed agreement that the County's designation was good. The lands should be brought back to original states and hydrology. Brad Cornell, Collier County Audubon Society supports staff recommendations except for the proposed approval of parcel #1 because it has hydric soils, it is designated as a strategic habitat conservation area, and it is panther habitat. He also believes that the Gariulo Trust lands should be reevaluated. David Weeks noted that staff has agreed to take Mr. Hancock up on his offer to visit the West Florida Agro parcel. He added that the petitions will be seen again since this is a transmittal hearing. Mr. Penniman moved to approve staff recommendations for approval and denial for all of the parcels listed on the CPSP-2005-14 Spreadsheet with the exception of parcels #1 and #2 pending further investigation by Members of the EAC who are able to visit the site. Second by Mr. Hughes. Motion carries unanimously 8-0. 4 February 7,2007 A few members of the Committee expressed interest in visiting parcels #1 and #2. It was agreed by the Committee to continue the petition for the two parcels to the March ih hearings. The meeting recessed at 10: 5 8 a.m. reconvening at 11: 16 a.m. VII. Old Business William Hill did not rejoin the meeting at recommencement. Summer Araque announced that 1-75 Alligator Ally Commercial PUD was approved by the Board of County Commissioners 5-0. Terafina and Pineview (Naples Nissan) were also adopted by the Board of County Commissioners. VIII. New Business A. Gopher Tortoise Management Plan Revisions Update - Barbara Burgeson Barbara Burgeson gave a power point presentation (see attachment). William Hill rejoined the meeting at 11: 18 a.m. Barbara Burgeson mentioned that the Gopher Tortoise Management Plan will be released for public comment on February 16th, 2007. Nick Penniman left the meeting at 11 :25 a.m. Maureen Bonness is a manager of a Gopher Tortoise recipient site. She received 50 tortoises in February of2004. There is no requirement to monitor the tortoises after relocation. She did a follow up survey in September 2005 when she received two more tortoises where she counted 71 burrows. Another survey was done last week where 95 burrows were found. Two small burrows for yearlings were identified. Discussion ensued on how to count tortoises instead of just the burrows. IX. Subcommittee Reports Dr. Hushon attended the Commissioners Meeting and spoke on the importance of watershed management plans. She went to the Rookery Bay Public Meeting on the Keewaydin Shuttle issue. The issue is coming up for final vote on February 21 st. Mr. Hughes volunteered to attend the meeting. 5 February 7,2007 X. Council Member Comments Mr. Hughes would like to come up with a simpler way to develop land. XI. Public Comments Summer Araque mentioned the change in the parking arrangements for Committee Members. ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 12:07 p.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, William Hughes These Minutes approved by the Board/Committee on as presented or as amended_ 6