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EAC Minutes 03/07/2007 R March 7, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, March 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 James Harcourt William Hill Lee Horn (arrived at 9:07 a.m.) Dr. Judith Hushon Roger Jacobsen Irv Kraut Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Jeff Wright, Assistant County Attorney Barbara Burgeson, Sr. Environmental Specialist Summer Arague, Senior Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCil AGENDA March 7, 2007 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order II. RollCall III. Approval of Agenda IV. Approval of February 11, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. New Business A. Gopher tortoise Management Plan Presentation-Ray Ashton and staff VII. land Use Petitions A. Planned Unit Development Rezone No. PUDZ-A-2005-AR-7422 "Wolf Creek PUD" Section 34, Township 48 South, Range 26 East B. Planned Unit Development Rezone No. PUDZ-2006-AR-8997 "Buttonwood Preserve PUD" Section 35, Township 48 South, Range 26 East C. Planned Unit Development No. PUDZ 2005-AR-7804 Immokalee Road South MPUD Section 29, 30, 31, and 32, Township 48 South, Range 27 East D. CPSP-2005-14, Continuation of 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] E. CP-2005-08, Petition requesting an amendment to the Future land Use Element (FLUE), to change the land use designation from Sending lands to Neutral lands on a parcel located in the Rural Fringe Sending lands of the Future land Use Map, in Sections 11, Township 48 South, Range 26 East, consisting of 159.98:!: acres. [Coordinator: Mike Bosi, AICP, Planning Manager, Comprehensive Planning Department] F. CPSP-2005-15, Petition requesting an amendment to the Transportation Element (TEl, to add new Policies 3.5, 3.6, 3.7 and 3.8, introducing Thoroughfare Corridor Protection Plans (TCPPs), Transportation Corridor Preservation Maps (TCPMs), and associated tables and ordinances, to provide for the protection and acquisition of existing and future transportation corridors. [Coordinator: Don Scott, Transportation Planning Director] G. CP-2005-12, Petition requesting an amendment to the Future land Use Element (FlUEI and Future land Use Map (FlUMI and Map Series, to create the "North Belle Meade Special Use Subdistrict" for property designated on the Future land Use Map as Rural Fringe Mixed Use District, Sending lands and North Belle Meade Overlay, to allow earth mining, oil extraction and related processing, asphalt and concrete batch-making plants and their related uses, and all Sending lands permitted uses, conditional uses and rights as permitted uses, and requesting an amendment to the Conservation and Coastal Manaaement Element (CCMEI. to reduce the Preservation and Native Vegetation Retention Standards from 80 percent to 40 percent for this Subdistrict, for property located in Sections 29, 31 and 32, Township 49 South, Range 27 East, consisting of 950:!: acres. [Coordinator: Corby Schmidt, Principal Planner] H. Winchester lake Additional Depth Section 16, Township 48 South, Range 28 East [Coordinator: Stan Chrzanowski, Senior Engineer] VIII. Old Business IX. New Business IX Subcommittee Reports X. Council Member Comments A. Discuss Applicants Contacting Members/Provide Members with County E-mail XI. Public Comments XII. Adjournment **************-***************-*******************-************ Council Members: Please notify Summer Araoue. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on March 2, 2007 if you cannot attend this meetino or if you have a conflict and will abstain from votino on a petition 1530-62901. 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. March 7, 2007 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:01 a.m. II. Roll Call A quorum was established with Lee Horn absent at the time of roll call. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Mr. Hill. Item "VII. Land Use Petitions, C. Immokalee Road South MGPUD" has been continued; and item "VII. Land Use Petitions, E. Future Land Use Element" has been withdrawn. Mr. Penniman amended his motion to exclude "c" and "E". Mr. Hill amended the second. Motion carried unanimously 7-0. IV. Approval of February 11, 2007 Meeting minutes Change: Page 4, paragraph four should read "loud noise". Page 3, "tillandsia" Page 5, "Alley" Page 5, Dr. Hushon's comments should have the addition of "management plans and keeping storm water out of preserves." Mr. Hill moved to approve the minutes as amended. Second by Dr. Hushon. Motion carried unanimously 7-0. V. Upcoming Environmental Advisory Council Absences William Hill will not be in attendance for the May and June meetings. VI. New Business A. Gopher Tortoise Management Plan Presentation - Ray Ashton and staff Barbara Burgeson, Environmental Services announced that the "Draft Gopher Tortoise Management Plan" which was distributed to the Committee Members is open for comment (see attachment). Lee Horn joined the meeting at 9:07 a.m. 2 March 7, 2007 Barbara Burgeson pointed out a few places for the Committee to review: Page 7, Chapter 3 Page 11, Chapter 4 Page 16, the 25 foot zone, site development, preserves, and permits Page 24, local government coordination The Committee was invited to contact Barbara Burgeson about the Plan if there were any questions, issues or concerns. Ray Ashton gave kudos to the County Staff. The Plan has been 25 years in the making. He suggested the Committee review the Plan keeping in mind "What is the conservation value of each issue." Less than 10% of people want a tortoise on their property. It was suggested that funds from permit fees be sent to the local governments instead of Tallahassee. When tortoises are preserved it also assists to preserve other species. The goal for the Plan is to be self sustaining. A trust fund is being looked at in order to have continual funds for the program. If the land is not managed now then in 19-21 years gopher habitat will be lost. He mentioned that monitoring of tortoises is not within the Plan; which he feels it should be. Cattle pasture and groves are some of the best lands for tortoises; therefore farmers, with reimbursement are willing to have tortoises on their properties. If the County is rehydrated he feels it could affect tortoises. He feels there is no longer any reason to have massive incidental takes. He would like some of the funds for a take permit to be put toward relocation, if the tortoises are being relocated. He then reviewed his extensive background on working with tortoises. He added that it has been his experience that when estimating the number of tortoises in an area the number is generally off by 40%. He has found that there really aren't abandoned burrows, the young tortoises use them. The 'number of tortoises' is the method of determining mitigation cost according to the Plan; this creates the potential to make the tortoise into an economic predator. He suggested that a plan for the available population of tortoises within Collier County be set up. His web site is www.ashtonbiodiversity.org. The meeting recessed at 10: 12 a.m. reconvening at 10:28 a.m. Nick Penniman did not rejoin the meeting after the recess. VII. Land Use Petitions A. Planned Unit Development Rezone No. PUDZ-A-8997 "Wolf Creek PUD" Section 134, Township 48 South, Range 26 East Presenters were sworn in. 3 March 7, 2007 Jeremy Sterk, Hoover Planning and Development demonstrated an aerial map of the property, a map showing the location of the property, a wetland map, and a map showing how the future development in the area will look. Stan Chrzanowski demonstrated the water flow within the area. Nick Penniman rejoined the meeting at 10:39 a.m. Dr. Hushon pointed out that the EIS shows the preserve being used for water quality treatment. Dave Underhill, Banks Engineering responded that it is not their intention to use the preserves as water treatment. Water quality treatment will be done before any water is directed to the onsite preserve. Dr. Hushon requested that the EIS be corrected. Jeremy Sterk added that there are talandsia on the site which can be relocated for preservation within the preserve area. County Staffrecommends approval with the following conditions: a modification of their existing District Permit would be required prior to final development order, and the corrected EIS. Mr. Hill moved to approve Planned Unit Development Rezone No. PUDZ-A-8997, "Wolf Creek PUD", Section 134, Township 48 South, Range 26 East with County Staff stipulations. Second by Dr. Hushon. Motion carries unanimously 8-0. B. Planned Unit Development Rezone No. PUDZ-2006-AR-8997 "Buttonwood Preserve PUD" Section 35, Township 48 South, Range 26 East Presenters were sworn in. Melina Mandiahoff, Passarella & Associates demonstrated the location of the property and an aerial photograph. She then demonstrated the proposed site plan. Thirteen point five acres of native vegetation will be preserved. Ninety-seven point seven percent of wet lands will be preserved. One gopher tortoise burrow and two big cypress fox squirrels were observed on the site. No soil sampling was done. Michael Delate, Q. Grady Minor & Associates, P.A. concurred with the Committee that soil testing should be done where the tree farm was located. Stan Chrzanowski demonstrated the water flow within the area. 4 March 7, 2007 County Staff recommends approval with soil samplings required at the next development order. Mr. Hughes requested a copy of the soil tests. Nick Casalanguida, Transportation noted that Tree Farm Rd. will be a public road. There are no wildlife crossings set out for the current road plans. The development and permitting of the road is being coordinated with all the developers. Mr. Jacobsen moved to accept Planned Unit Development Rezone No. PUDZ-2006-AR-8997, "Buttonwood Preserve PUD", Section 35, Township 48 South, Range 26 East with the staff recommendation of soil testing. Second by Mr. Hill. Motion carried unanimously 8-0. C. CPSP-2005-14, Continuation of 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] Presenters were sworn in. David Week mentioned that this had been reviewed at the previous Environmental Advisory Council meeting. Mr. Jacobsen disclosed that he visited the site. David Weeks continued that it was inconclusive according to the submitted information what the habitat ofthe land was. It was found after visiting the property that the Northern portion of the property separated by Tomato Road was found to be farmed land. The property to the South of Tomato Road was found to have native vegetation intact. The recommendation is that the Northern portion of the property be designated receiving, while the Southern portion is recommended for sending designation. Public- Brad Cornell, Collier County Audubon Society feels that it is appropriate to leave the lands as sending since not all of the lands within the sending designation are pristine habitat. 5 March 7, 2007 Tim Hancock representing Six L Farms feels that the question at hand is "Should the lands ever have been sending in the first place?" For this land to be restored the farm water pumping pipes will have to be removed. Mr. Jacobsen moved to accept staff's recommendations to change the one area from sending to receiving. Second by Dr. Hushon. Motion carried unanimously 8-0. D. CPSP-2005-15, Petition requesting an amendment to the Transportation Element (TE), to add new Policies 3.5, 3.6, 3.7 and 3.8, introducing Thoroughfare Corridor Protection Plans (TC PPs), Transportation Corridor Preservation Maps (TCPMs), and associated tables and ordinances, to proved for the protection and acquisition of existing and future transportation corridors. [Coordinator: Don Scott, Transportation Planning Director] Nick Casalanguida reported that the Environmental Advisory Council had given unanimous approval on this Petition previously; it has since been condensed after County Attorney review (see attachment). It was noted that the language has been changed so that the County does not have to mitigate for preserve land taken when constructing a road. Public- Nicole Ryan, Conservancy of Southwest Florida feels that it is unfortunate that mitigation has been removed for preserves. She suggested looking at incorporating medians as water treatment. The Conservancy of Southwest Florida plans to participate in creating the language for the Thoroughfare Corridor Protection Plan. She suggested that a member of the Environmental Advisory Committee also join. Nick Casalanguida agreed to relay Dr. Hushon's concerns with taking preserves with no mitigation when he makes the presentation to the Board of County Commissioners. Mr. Penniman moved to recommend approval of CPSP-2005-15 with strong support for the public process that this move from the policy to LDC and that deep concern is expressed about taking of preserve land which should be mitigated for. Second by Mr. Hughes. Motion carried unanimously 8-0. The meeting recessed for lunch at 11 :58 a.m. reconvening at 12:40 p.m. Lee Horn did not rejoin the meeting after the lunch recess. 6 March 7, 2007 Mr. Hill moved to interchange the next two agenda line items. Second by Mr. Sorrell. Motion carried unanimously 7-0. E. Winchester Lake Additional Depth Section 16, Township 48 South, Range 28 East [Coordinator: Stan Chrzanowski, Senior Engineer] Presenters were sworn in. Stan Chrzanowski demonstrated the location of the project. He mentioned that originally they were going to dig 25 ft. down. They would like to turn the project into residential so they need to get permission to dig 5 feet deeper. He does not see a downside to the proj ect. Michael Delate, Q Grady Minor & Associates added that the project is 650 acres that have already been impacted. He requested that the protected species survey be deferred so that excavation can continue. Mr. Hughes expressed concerns with hitting aquifers and cross contamination. He suggested that it could be used as a reservoir pond in the future. Brian Barnes responded that a monitoring plan and best management practices can be set up. Discussion ensued on the possibility of the developer filing for a PUD in the future. County Staffrequested that the wildlife survey stipulation remain, since they have not had the opportunity to evaluate the site. Mr. Hill moved to recommend approval as stipulated by staff. Second by Mr. Dolan. It was the Committees concern that the protected species survey can be worked out in the field with staff. Motion carried unanimously 7-0. F. CP2005-12, Petition requesting and amendment to the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) and Map Series, to create the "North Belle Meade Special Use Subdistrict" for property designated on the Future Land Use Map as Rural Fringe Mixed Use District, Sending Lands and North Belle Meade Overlay, to allow earth mining, oil extraction and related processing, asphalt and concrete batch- making plants and their related uses, and all Sending Lands permitted 7 "'-~-"-'--'--___,__~,__,,_,_~,_,o_,~~", March 7, 2007 uses, conditional uses and rights as permitted uses, and requesting an amendment to the Conservation and Coastal Manae:ement Element (CCME), to reduce the Preservation and Native Vegetation Retention Standards from 80 percent to 40 percent for this Subdistrict, for property located in Sections 29, 31, 32, Township 49 South, Range 27 East, consisting of 950 acres. [Coordinator: Corby Schmidt, Principal Planner] Mr. Penniman, Mr. Sorrell, Dr. Hushon and Mr. Jacobsen disclosed visitation of the project site. Wayne Arnold, Q Grady Minor & Associates noted that the project is 950 acres proposed amendment to re-establish the mining rights. He introduced the team for the project. Joe Bonness, Southern Sand & Stone gave a power point presentation (see attachment) demonstrating the location of the land. They had looked for a large plot of land away from the larger population for mining. He demonstrated the location of the local mines and the current land use of surrounding lands, along with a map showing lime rock and wet land location in the surrounding areas. A map of Red Cockaded Woodpecker habitat was shown (see attachment). He added that the habitat land will need human assistance to be able to continue as Red Cockaded Woodpecker habitat. He mentioned how some wildlife take advantage of the mining plants attributes. He demonstrated proposed streets, preserves, and mines noting that the road would be one way with speed restrictions. If the land were used for farming it would take about 550 acres the mining lakes and service area should take around 450 acres. Wayne Arnold reviewed the "Environmental Advisory Council Staff Report" (see attachment). He would like the language to: Continue as 'permitted use by right'. Have a minimum of55% of present native vegetation retained onsite with 60% for total preservation. Be eligibility for TDR credits. Have an attachment demonstrating which lands will be mined. Night hulling permitted. 450 acres capped for mining and mining-related activities. Wayne Arnold agreed with Mr. Dolan's suggestion of placing a conservation easement on the lands outside of the 450 mining acres. Roy DeLatell noted that new birds were seen on the Hussey property but it is unknown from where they originated. He feels that the proposed preserved land can hold more than two Red Cockaded Woodpecker clusters. 8 March 7, 2007 Joe Bonness responded to Mr. Penniman's issue that it is understood that some of the best mining could very well be under the Red Cockaded Woodpecker habitat. Rich Yovanovich from Goodlette, Coleman & Johnson, P.A. committed that the blue area on the displayed maps are the locations of the mining operation and a conservation easement will be placed on the white areas. It is their position that the lands are sending and therefore should be compensated for giving up the residential uses on the property even after earth mining. The funds from the TDR's will be utilized for habitat management. It was noted that Dr. Hussey owned all the rights of the property including oil and mineral rights. Dr. Hushon suggested that the Transportation Department should address the night hauling issue. She also suggested looking at changing the property to neutral lands. Joe Bonness responded that the mining lake to the South is estimated to be dug down around 50 feet while the lake to the North might have locations that can be dug to 85 feet. Dr. Hushon suggested having a shelf around the lake for wading birds. Rich Yovanovich agreed that they planned on putting in a shelf. Ray DeLatell noted that artillery sites have been some of the best locations for the Red Cockaded Woodpecker in response to Mr. Penniman's concern with loud noises. Blasting times being of minimal consequence was discussed. Areas can be pre-blasted for the Red Cockaded Woodpeckers nesting season. Truck noises were also discussed. Joe Bonness agreed not to build roads near nests during nesting season. Rich Yovanovich reviewed the benefits of the project as the addition of 100 preserved acres since the land will not be used for farming, development rights are being given up and Collier County needs the material to be mined. Corby Schmidt, Comprehensive Planning Department made known that staffrecommendations included that the use remain 'conditional' because the approval process would be significantly different, preservation remain at 80% with 55% on site preservation, and no night hauling so the that the animals active at that time not be disturbed. It is agreeable to move the 350 acre maximum mined acreage to 400 with enhanced littoral areas. The 'right-to- farm' would not be as easy to get as presented. Staff stipulation gave the 9 March 7, 2007 alternative to grant TDR's for the undisturbed lands. The hauling routs for trucks need to be looked at carefully. County Staff brought out that the land is within priority panther habitat. A commercial excavation permit does require a neighborhood informational meeting, advertising, planning commission hearing, traffic or zoning review. A 'right-to-farm' was issued. The mining lakes would not technically require a littoral shelf, they are only required for storm water ponds. Rich Y ovanovich committed to 15 acres of littoral shelf, and limiting the use to mining practices only. Maureen Bonness preferred that the TDRs be permitted on the lake lands so that there will be funding for land management, with the potential to have an endowed fund with a board of directors. Mr. Hill moved to recommend approval of the project with their concessions along with the stipulation that funds from the lake TDRs go toward an endowment fund and accept what the applicant is asking. Second by Mr. Dolan. Rich Yovanovich agreed to: 15 acres to lake littorals Lake TORs going to an endowment fund with a board going for non-lake acres 60% native preservation requirement with 55% on site, 5% off site 400 acres oflake excavation area according to the demonstrated map No road building during nesting season Permitted use for only earth mining, asphalt, and concrete plants Take steps to control noise from hauling Rescind the agricultural permit upon adoption Prohibit all residential building Motion was 4-3 with Mr. Penniman, Dr. Hushon, and Mr. Jacobsen against. Jeff Wright read from the ordinance: "An affirmative vote of 5 or more members shall be necessary in order to take official action regardless of whether 5 or more members are present." Dr. Hushon moved to accept as a 'conditional use' not 'permitted', no TDRs for the lake area, 80% preservation and other than that have it set up as the previous motion. The motion was not considered due to a lack of second. 10 March 7, 2007 The presenters asked for a moment of discussion. The meeting continued with the idea to return to the line item. VIII. Old Business Summer Arague presented that Hamilton Greens Residential PUD was adopted by the Board of County Commissioners. Mr. Hughes announced that South Florida Water Management issues have taken in the Environmental Advisory Committee concerns. IX. New Business Mr. Hughes will present the Four Year Review of the Environmental Advisory Committee to the Board of County Commissioners on March 13th at 10:30 a.m. X. Subcommittee Reports None XI. Council Member Comments A. Discuss Applicants Contacting Members/Provide Members with County E-mail Summer Arague asked if applicants can contact Committee Members through home telephone numbers, personal email, or a County email address. The Committee agreed that the County contact them with the requesting person's information. VII. Land Use Petitions (continued) F. CP2005-12, Petition requesting and amendment to the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) and Map Series, to create the "North Belle Meade Special Use Subdistrict" for property designated on the Future Land Use Map as Rural Fringe Mixed Use District, Sending Lands and North Belle Meade Overlay, to allow earth mining, oil extraction and related processing, asphalt and concrete batch- making plants and their related uses, and all Sending Lands permitted uses, conditional uses and rights as permitted uses, and requesting an amendment to the Conservation and Coastal Manae.ement Element (CCME), to reduce the Preservation and Native Vegetation Retention Standards from 80 percent to 40 percent for this Subdistrict, for property located in Sections 29, 31, 32, Township 49 South, Range 27 East, consisting of 950 acres. 11 March 7,2007 [Coordinator: Corby Schmidt, Principal Planner] Rich Yovanovich agreed to accommodate 80% preservation, with no TDRs from the lakes, and putting the non mining land into conservation. Mr. Sorrell moved to approve with the following stipulations: 80% preservation, 15 acres to lake littorals, it will be set as a 'permitted use', lake TDRs going to an endowment fund for threatened and endangered species with a board going toward non-lake acres, 400 acres of lake excavation area according to the demonstrated map, no road building during nesting season, permitted use for only earth mining, asphalt, and concrete plants, take steps to control noise from hauling, rescind the agricultural permit upon adoption, prohibit all residential building, non mining land (or the white area as shown on the demonstrated map) be in conservation. Second by Mr. Dolan. Motion carried 5-2 with Mr. Jacobsen and Mr. Penniman opposed. Mr. Jacobsen objected to it being a 'permitted use'. Mr. Penniman objected to the motion because he feels it is clearly in contradiction to the concept of 'sending lands'. XII. 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 4: 1 0 p.m. ***** COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes approved by the Board/Committee on as presented or as amended _ 12