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EAC Minutes 04/04/2007 R April 4, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENT AL ADVISORY COUNCIL Naples, Florida, April 4, 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 AM in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Lee Horn (Absent) William W. Hill Dr. Judith Hushon Roger Jacobson Nick Penniman Michael V. Sorrell Richard Miller ALSO PRESENT: Jeff Wright, Assistant County Attorney Susan Mason, Principal Environmental Specialist Robert C. Wiley, P.E., C.F.M., Principal Project Mgr. Barbara Burgeson, Environmental Services ___.n .' __ _._._,..___.___.__ ENVIRONMENTAL ADVISORY COUNCil AGENDA April 4, 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 March 7, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Planned Unit Development PUDZ-2006-AR-10698 "Gaspar Station PUD" Section 30, Township 48 South, Range 26 East VII. Old Business VIII. New Business IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment *************************************************************-**** Council Members: Please notifv Susan Mason. Environmental Services Department no later than 5:00 p.m. on March 30. 2007 if vou cannot attend this meetinq or if vou have a conflict and will abstain from votinq on a petition (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. April 4, 2007 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:00 AM. II. Roll Call A quorum was established. III. Approval of Agenda Mr. Hill moved to approve the Agenda. Seconded by Dr. Hushon. Motion carried unanimously 7-0. IV. Approval of March 7, 2007 meeting minutes Dr. Hushon moved to approve the March 7, 2007 meeting minutes with the suggested changes as follows: Add the following bold underlined words: "Mr. Sorrell moved to approve with the following stipulations: 80% preservation, 15 acres to lake littorals, it will be set as a 'permitted use,' the sale of lake TDR's going to a board l!overned endowment fund for manal!ement of threatened and endangered species in 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." Seconded by Mr. Sorrell. Motion carried 6-0 with 1 abstention - Mr. Miller abstained. Ms. Mason stated the Environmental Advisory Council could be put on a distribution list for the Planning Commission meetings so that it would get an agenda and a copy of the staffreport. V. Upcoming Environmental Advisory Council Absences Dr. Hushon pointed out that the next meeting would be held on May 7, the first Monday in May, rather than the first Wednesday in May. Mr. Hill stated he would be absent from the May and June meetings. Mr. Miller stated he would be absent from the May meeting. Mr. Sorrell stated he would be present at the May meeting Dr. Hushon stated that on April 24 the Collier County Board of County Commissioners will be evaluating new member applications, there are two current members who have applied for another term, and the County will be forwarding the names of the other alternates. VI. Land Use Petitions A. Planned Unit Development PUDZ-2006-AR-I0698 2 April 4, 2007 "Gaspar Station PUD" Section 30, Township 48 South, Range 26 East - Presenters were sworn in by the Assistant County Attorney Jeff Wright. Mr. Jacobson, Mr. Penniman and Mr. Miller all stated they had visited the site. Mr. Anderson explained the County is requiring the property owner to seek a rezone from PUD to PUD because the County believes under the PUD sunset rules the current PUD has "sunsetted" because of the passage of time with no construction; existing zoning remains in place but the property owner cannot get any development orders approved for the property until it is rezoned. The purpose of sunsetting a PUD is to require revision to reflect current Land Development Code standards. The PUD Master Plan identifies the preserve area, the old one did not; building setbacks from the preserve area have been added to the PUD. The property is located in an interstate activity center where the full array of commercial uses would be allowed and it has been zoned for commercial use for more than 20 years. What is presently known as the Stiles PUD is being renamed Gaspar Station. There are no changes to the historically allowed uses of the property; the only changes to the PUD are the changes to the development standards the County now requires. There are no issues with the environmental review staff, and they have recommended approval. The PUD preserve area connects to the adjacent preserve area, Livingston Lakes, creating a larger preserve area. Recommendation for approval was requested. Mr. Penniman stated adjacent preserves are what are desired. He asked if the lake could be placed at a location other than that on the drawing, what other possible locations would there be, and what criteria caused moving the lake from close to the preserve area to another location. Mr. Anderson stated it was probably a design consideration. Dr. Hushon stated the presence of wetland area along the western border was considered. Proposed location of the lake and preserve would reduce required mitigation. Mr. Penniman stated the lake is small and would not make a big difference to Cocohatchee drainage. Ms. Mason stated staff recommends approval of the rezone with the inclusion of any conditions in the Land Development Code not covered by the PUD and the petitioner must get a South Florida Water Management District ERP prior to development. Mr. Anderson stated the first PUD was approved in 1988. Mr. Miller suggested the Environmental Advisory Council recommend the lake be maintained in its current condition. 3 April 4, 2007 Sean Weeks, P.E., SPW Engineering, agreed that the water body would be adjacent to the preserve but petitioner would like latitude as to the configuration with the surface area of the lake remaining the same, 2.1 acres. Dr. Hushon moved to approve the petition with the stipulation that the lake would remain adjacent to the preserve, the configuration of the lake may vary and staff recommendations are to be followed. Seconded by Mr. Penniman. Motion carried unanimously 7-0. VII. Old Business Ms. Mason stated there have been no land use petitions heard by the Collier County Board of County Commissioners since the Environmental Advisory Council's last meeting. It was stated the minimum lighting limits are too high and requested staff review lighting standards and report back. Mr. Hughes suggested petitioning the Collier County Board of County Commissioners for a court reporter to take verbatim minutes of Environmental Advisory Council meetings. Ms. Burgeson stated there is no money in the budget for expanded minutes and that there is a visual and audio verbatim record available if needed. Dr. Hushon moved to request permission to receive more complete minutes in the style that was received historically by this council to more accurately reflect our language during deliberations. Seconded by Mr. Sorrell. Motion carried unanimously 7-0. VIII. New Business None. IX. Subcommittee Reports Dr. Hushon requested volunteers for people to work on Growth Management Plan and Land Development Code rules. Mr. Jacobson's, Mr. Hill's and Mr. Miller's volunteer services were accepted. Mr. Hughes stated he would like to review what pesticides are legal in Collier County and would like to hear from the EP A and Ray Smith. Dr. Hushon stated work is going forward on watershed management plans and asked for volunteers for collection and review of information. This will be a three-to-four year activity with Mac Hatcher in charge. X. Council Member Comments Mr. Hughes stated his term as Chairman ends soon and he would like to see Dr. Hushon as Chairman. 4 April 4, 2007 Mr. Miller and the current Council members introduced themselves to each other. XI. Public Comments Bruce Anderson, Esq., addressed a petition for Florida Rock Mine regarding a project within the North Belle Meade overlay on receiving lands that are already approved by the Comprehensive Plan for earth mining. Because of the regulations, it comes formally before the Environmental Advisory Council; however, under the terms of the North Belle Meade overlay, development on receiving lands are not subject to the County's environmental regulations because the North Belle Meade overlay has much more specific and detailed regulations for environmental considerations than other areas within the rural fringe. The matter will be coming before the Environmental Advisory Council as a formal informational item to answer questions. This situation is similar to an AP AC petition that came before Council previously. XII. Adjournment Mr. Penniman moved to adjourn the meeting. Seconded by Mr. Sorrell. Motion carried unanimously 7-0. ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:21 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Chairman on presented , or as amended ,2007, as 5