Loading...
EAC Minutes 10/03/2007 R October 3, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, October 3,2007 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 Dr. Judith Hushon Roger Jacobsen David Bishof Nick Penniman Michael V. Sorrell Dr. Llew Williams Mark Fenton STAFF PRESENT: Jeff Wright, Assistant County Attorney Mac Hatcher, Environmental Specialist Stan Chrzanowski, PE, Planning Review Catherine Fabacher, Principal Planner Summer Araque, Senior Environmentalist Stephen Lenberger, Senior Environmental Specialist Barbara Burgeson, Principal Environmental Specialist Joe Thompson, Comprehensive Planner 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA Wednesday, October 3, 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 September 5, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Rehearing of Planned Unit Development PUDZ-2005-AR-8416 "Pezzetino Di Cielo RPUD" Section 12, Township 48 South, Range 25 East B. Planned Unit Development PUDZ-2006-AR-10171 "Brandon RPUD" Section 13, Township 48 South, Range 25 East VII. New Business A. Project Greenscape - Alberto Chavez B. Belle Meade Stormwater Management Master Plan - Clarence Tears (rescheduled from September 5, 2007 meeting) C. Watershed Management Plan considerations for setting priorities - Mac Hatcher Environmental Services D. Cycle 2, 2007 LDC amendments - Stephen Lenberger VIII. Old Business A. Update members on projects B. Alternate Members roll, attendance, and definition by LDC C. Carryover discussion SFWMD coordination D. Mission Statement E. Reminder - December 5,2007 meeting will be at CDES Room 609/610 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 Tuesdav. SeDtember 25. 2007 if vou cannot attend this meetina or if vou have a connict 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. October 3, 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. III. Approval of Agenda Mr. Penniman moved to approve the agenda subject to granting a continuance to the applicant of Item #VIB. Second by Mr. Jacobsen. Carried unanimously 9-0. IV. Approval of September 5, 2007 minutes On page 1, Mr. Penniman was excused On page 12, line #1, she also should not be bolded On page 12, line # 1, to read "South Florida Water Management District" On page 12, line #4, SWFWMD to read SFWMD On Page 8, paragraph 7 - motion to read the "...definitions in the proposed LDC amendments are not yet clearly stated and the EAC....... Vote recorded on page 8 will reflect change as Carried 5-1. Dr. Hushon voted no. ***Note: After review of tape, the September 5th minutes are correct with wording of motion on Page 8. Motion can be amended to state changes. Dr. HusllOn moved to approve the minutes as corrected. Second by Mr. Jacobsen. Carried unanimously 9-0. Dr. Hushon noted that her 'no' vote in the above mentioned motion on September 5th, 2007 was based on "the opposition of allowing the discharging of storm water that is potentially untreated into preserve areas during major storm events. " V. Upcoming Environmental Advisory Council Absences Dr. Hushon will be unable to attend the November 2007 meeting therefore excused. Mark Fenton introduced himself as a new member of the Council. VI. Land Use Petitions A. Rehearing of Planned Development PUDZ-2005-AR-8416 "Pezzetino Di Ciello RPUD" Section 12, Township 48 South, Range 25 East Mark Minor ofQ. Grady Minor and Assoc. represented the applicant. Presenters were sworn in. 2 October 3, 2007 Mr. Minor summarized the detailed design of the water management system. He noted the following: · The project is adjacent to Mediterra and a base elevation of 12.70 feet was established for the wetland preserve via the Mediterra data and the survey data performed on the site. . The natural ground area in the preserve is 11.70 feet . All stormwater runoff is collected and conveyed to the retention lakes via catch basins or culverts · The water will drain from the retention lakes to a bubble up catch basin at an elevation of 11.70 feet into a spreader swale before entering the preserve · A flap gate device will be installed in the catch basin to ensure water from the preserve will not backflow into the lake · The ultimate discharge of the project is along Livingston Road Dr. Hushon asked if the on-site storm water retention design was based on the requirements of section 2.1A of the Conservation Coastal Management Element recently adopted which requires the retention ponds (lakes) to be sized to the 150 percent volume requirement of section 5.2lA. Mr. Minor responded that the system has been sized to the 150 percent volume requirement. Mr. Bishof asked what the overflow elevation of the retention lake is. Mr. Minor noted the following design elevations: Top of berm (overflow) = 15.70' Natural Ground at Preserve = 11.7' Control Elevation (Lake/Preserve) = 12.70' Bubble catch basin discharge = 11.70' Mr. Bishofnoted the elevation of the baffle in the pond is below the control elevation of the pond and the water elevation in the detention pond would begin discharging at an elevation of 11.7' +/- (approximately I foot below control elevation) as opposed to the control elevation of 12.7' Mr. Minor noted that the untreated stormwater flows into the opposite end of the pond at elevation 12.7' allowing the stormwater to mix and treat with the existing water in the pond before it is discharged into the preserve area. Mr. Bishof noted a discharge elcvation of 12.7' would allow for more thorough treatment of storm water before discharging it into the preserve area because the ultimate discharge orifice out ofthe preserve area adjacent to Livingston Road is 12.7' and the reserve will serve as a littoral area for the retention pond. Mr. Minor stated that there is a location to provide a "rain garden" along the area adjacent to the north side of the preserve area that would provide treatment via a spreader swale before the stormwater ultimately enters the preserve area providing additional water treatment. 3 October 3, 2007 Mr. Chrzanowski noted that the calculations allow for 8-10 day retention of water in the lakes; therefore the stormwater has received treatment before entering the preserve area. Mr. Williams noted that the ultimate discharge point into the preserve is a maximum distance from the entrance point of the stormwater system maximizing treatment capabilities of the pond. Mr. Hughes and Dr. Hushon noted utilizing the "rain garden" area in the design is a favorable idea. Mr. Hughes noted that it is important to conduct monitoring of preserves following completions of developments to ensure water quality is in accordance with issued permits. Public Speakers: Nicole Ryan, Conservancy of Southwest Florida, stated the 150 percent requirement referred to by Dr. Hushon requires the 150 percent volume be treated within the storm water treatment system which is not part ofthe preserve area. The South Florida Water Management District has allowed the additional 50 percent volume to be treated within the preserve; however Collier County is more restrictive. Also it should be clearly demonstrated that the volume of water entering the preserve is not creating a negative impact on the preserve. Mr. Bishof moved to approve the petition with the following condition: The storm water not be discharged into tile preserve area until it has been fully treated in accordance with Collier County and Water Management District standards. Second by Dr. Hushon. Motion carried unanimously 9-0. Mr. Chrzanowski noted that the 150 percent volumetric requirement is causing some delays for developers as it is required by the permitting authorities in Collier County, not the South Florida Water Management District and the District is not enforcing the 150 percent requirement for applications submitted to them that are located in the Collier County jurisdiction. If applicants obtain permits from the District before submitting to Collier County they are required to return to the District for re-permitting. Dr. Hushon noted that a consistent policy would be favorable for all parties. Clarence Tears of South Florida Water Management District addressed the Council and stated that the Environmental Advisory Council should notify the applicants to submit an application to the District with the 150 percent volumetric requirement. He will discuss this with District staff members and direct them to be supportive of the County. He now has an office in Collier County. 4 October 3, 2007 B. Planned Unit Development PUDZ-2006-AR-IOl71 "Brandon PUD" Section 13, Township 48 South, Range 25 East The application was continued. VII. New Business Mr. Penniman moved to nominate Mr. Hughesfor Council Chairman and Dr. Hushon for Vice Chairman for a term of 1 year. Second by Mr. Horn. Carried unanimously 9-0. A. Project Greenscape- Alberto Chavez Alberto Chavez of Project Greenscape and Tabitha Stadler, Rookery Bay National Estuarine Research Reserve Coastal Training Program provided a handout entitled "Project Greenscape, Update October 2007". Project Greenscape trains and certifies landscaping professionals in proper landscaping practices. The core curriculum incorporates "The Green Industries Best Management Practices (BMP) for Protection of Water Resources in Florida", developed by the University of Florida And Green Industries in 2002. Dr. Hushon noted they were requested to appear in front of the Council as the County has been considering a "fertilizing" ordinance. Mr. Hnghes noted that a future ordinance is important for protecting the environmental quality of the resources of Collier County. Ms. Stadler noted that they have conducted vast amount of research statewide on this topic and are available as a resource for the County. Mr. Chavez presented a power point presentation regarding the "Best Management Practices" (BMP) certifications. Included in the presentation the following points were highlighted: . They fully endorse the BMP certifications and provide training and certifications to Landscape professionals in proper landscaping practices as well as continuing education · There are approximately 1200 companies conducting this work in Collier County . Educating homeowners is equally as important . It supports the "Florida Yards and Neighborhood Program" . The training has been well received by professionals . BMP's started as voluntary practices but are now incorporated into ordinances and regulations in other areas · Rookery Bay National Estuarine and Research Reserve in Collier County is one of only 3 areas in the State providing BMP certifications . The training is 6 hours in length . Upon certification a decal is displayed on the vehicle as a future enforcement tool 5 October 3, 2007 . This program will help improve water quality standards Mr. Hughes volunteered his services in preparing a 2-hour training video for the certification program. Mr. Sorrell noted that education and certification requirements are important, but the key step is enforcement of licensed/unlicensed contractors. Enforcement of this profession within the County has been limited. Mr. Jacobsen noted that the City of Naples is working hard to enforce their licensing requirements. Mr. Hughes moved to notifY Occupational Licensing of the issues raised regarding enforcement. Without a second, the motion was not considered. The Council directed Mr. Hughes to draft a letter and send it to Occupational Licensing regarding the enforcement issues. A discussion occurred on Collier County adopting regulations that would regulate the sale and use of certain pesticides and fertilizers. Mr. Penniman noted new statewide water classifications that are proposed would diminish the quality of water in the areas of ditches, canals and catch basins and this program is important on the local level as it is aimed at these discharges. Break 11 :00 A.M. Reconvened 11: 17 A.M. B. Belle Meade Stormwater Management Master Plan - Clarence Tears Clarence Tears, Director of Big Cypress Basin for the South Florida Water Management District appeared before the Council to provide a presentation on the Belle Meade Storm water Management Master Plan. On a related note, he requested that if the Environmental Advisory Council has questions or concerns on a particular project, draft a letter to the District requesting a written response. Individual members may contact the District if they have a question. The Council viewed a power point presentation on the Master Plan. The following points were noted: . It is important to identify, maintain and restore the natural flow ways to help improve water quality. . A goal is to reduce the flows to Naples Bay by restoring and re-hydrate areas. Historically, the goal was to drain the land. . The deep water aquifers of Collier County are not directly affected by surface water . The District's provides information to the local utilities so they may determine how they will meet future demands over a 20 year projection. 6 October 3, 2007 · Currently, Collier County can meet the future demands based on the 20 year plan. . Master Plans are reviewed on a regular basis comparing projections to actual data with safeguards in place to reduce demands on aquifers. . Florida Statutes require the District to meet future water supply demands and provide tools to the local utilities . An example of historic restorations is the Picayune Strand Restoration Project. . These restorations aid in increasing groundwater levels, preventing wildfires and promote the return of native vegetation (as opposed to exotics) · It is important for developers to contact the District in the initial stages of planning so District concerns can be incorporated into the design process. C. Watershed Management Master Plan Considerations for setting Priorities - Mac Hatcher, Environmental Services Mac Hatcher provided a handout entitled "Watershed Management Plans Prioritization for Discussion". The Council viewed a power point presentation on the handout. Contact staff for a copy of this handout. The presentation also contained draft maps indicating impaired water areas for dissolved oxygen, fecal coliform, iron, copper and other metals. A future release of the maps will identify the cause of the impairments. Another analysis will be prepared for the next meeting to provide prioritizations to forward to the Board of County Commissioners. Break 12:36P.M Reconvene 1: 15 P.M. Mr. Fenton, Mr. Horn and Mr. Bishof did not return D. Cycle 2, 2007 LDC Amendments - Stephen Lenberger Catherine Fabacher, LDC coordinator introduced the proposed amendment requests and provided copies to the Council. 1. Section: 1.08.02,2.03.07 D.4.c; Page 2:36 Presented by Mr. Thompson who noted current references do not accurately describe administrative process oflanguage to align procedural terminology and the change will add definition for 'Redemption' and changing various segments oflanguage to align with procedural terminology Mr. Penniman moved to recommend the amendment. Second by Dr. Hushon. Carried unanimously 6-0. Mr. Bishofreturned at 1:31 PM 7 October 3, 2007 2. Section: 10.02.04 Submittal Requirement for Plats; Page 10:62.1 Presented by Mr. Chrzanowski who noted setback information shown on the final plats will assist designers as well as County staff in determining appropriate setbacks and the change would add requirements for setback information to be shown on final plats. Dr. Hushon moved to recommend the amendment. Second by Mr. Penniman. Carried unanimously 7-0. 3. Section: 1.08.02,3.05,10.02.06; Pages: 1:35,1:36,3:28,10:89,10:91 Presented by Mr. Lenberger who noted the change is to address the concerns of the Environmental Advisory Council and Collier County Planning Commission, and to prevent the unauthorized removal of vegetation containing nests or cavity trees or protected or listed animal species. Mr. Lenberger reviewed the proposed amendment which sets standards for removal of trees with listed species nest or cavities. It was noted that on Page #7, item #4 was left blank and this section needs the "exceptions" added. Mr. Bishof noted that these regulations are already in place at the State and Federal level and the problem lies in errors of administration of the regulations. Ms. Burgeson noted that the County will ensure not only other Agencies approvals have been obtained, but also a Collier County approval providing for enforcement at the local level. When they contact various outside Agencies for input on the issue, they receive a variety of responses regarding interpretation, enforcement and permit requirements for vegetation removal. The Environmental Advisory Council and Planning Commission directed staff to propose this amendment. Public Speakers Nicole Ryan stated that the problem is the administration at the State and Federal level. The amendment will give the County authority of enforcing its own regulation and recommends approval. Mr. Jacobsen moved to recommend the amendment. Second by Mr. Penniman. Carried unanimously 7-0. 4. Section: 3.05.07; Page 3:28.1, 3:28.2 Presented by Stephen Lenberger who noted it is required as part ofthe 2007 EAR-based amendments to the CCME of the GMP to change priority for preserved native vegetation as required by the 2007 EAR-based amendments to the Conservation and Coastal Management Element 8 October 3, 2007 (CCME) of the GMP. The text change is in accordance with Comprehensive Plan. Mr. Bishofnoted the score of "at least 7.0" in Section A.3.c is to be accepted by the South Florida Water Management District and they are prohibited from accepting scores, and the County will not receive an official document from the District. Ms. Burgeson, stated that the scores are submitted by the County to State for "acceptance" by the State staff and that they are in agreement that the area is a high quality wetland. They are not submitted for "approval". Dr. Hushon moved to recommend the amendment with the following change: Page #2 3.05.07.A.3 read Native Vegetation is to be retained...... Second by Mr. Jacobsen. Motion carried 6-1. Mr. Bishofvoted no. 5. Section: 5.05.02 Presented by Mr. Lenberger who noted the change is to exclude the length of shoreline within conservation easements when calculating the maximum number of boat slips in accordance with Manatee Protection Plan. It was directed by the Board of County Commissioners omitting the lands in conservation easement in calculating the number of wet slips. Public Speakers Nicole Ryan of the Conservancy of Southwest Florida - stated it is a concern that previous applications through the South Florida Water Management District relocated the conservations offshore and then utilized the strip between the easement and the preserve for boat slip density calculations ("stripping"). She recommended to add language that would include "shorelines" if other Agencies allow this practice. Ms. Burgeson noted it would be helpful to develop some language to preclude this issue. Mr. Bishof noted that it is a concern that this amendment may preclude an applicant's willingness to provide a voluntary conservation easement if they are not allowed to utilize the area for boat slip calculations. Ms. Burgeson noted whatever portion is identified as a preserve through the permit process is required to have conservation easements for shoreline protection and the directive is to exclude all shorelines placed under these conservation easements. 9 October 3, 2007 Mr. Penniman moved to recommend the amendment subject to the following: The amendment include a stipulation added by staffwith clear an unambiguous language that does not permit the "stripping" of conservation easement lands for the purpose calculating boat slip densities. Second by Mr. Williams. Carried unanimously 7-0. 6. Section 3.07:6,05.01;10.02.02A.4.f; IO.02.03A.3b.vi Presented by Mr. Chrzanowski who noted the most important change in 3.07.02 Interim Watershed Regulations Section A. that requires a project shall meet 150% of the water quality volumetric requirements ofthe South Florida Water Management District. Nicole Ryan of Conservancy of Southwest Florida requested that the amendment contain language that 150 percent volumetric requirement be treated within the designed stormwater system and not allow utilizing the preserve areas for storm water treatment. Mr. Penniman left at 2:45 P.M. Mr. Jacobsen moved to recommend the amendment subject to the following: That the 150% storm water volumetric requirement prohibits utilizing preserve areas for the calculations and water quality treatment. Secol1d by Mr. Bishof. Motion carried ul1animously 6-0. Mr. Hughes requested and the Council agreed that the staffreview lighting standards in the Land Development Codes. Ms. Burgeson stated the staff previously worked on LDC lighting amendments and after various meetings (police, public, transportation, recreation depts., etc.) developed the current standards. She recommended the Council draft a letter to the Board of County Commissioners requesting staff to review lighting standards. VIII. Old Business A. Update members on projects The November 7 meeting will be in Room 216 of the Health Building. B. Alternate Members roll, attendance, and definition by LDC Mr. Wright, Assistant County Attorney provided a handout regarding alternates and noted the following: . Alternates will receive materials for each meeting . Meeting attendance is not required by an alternate unless he is notified by staff that another Council member cannot attend 10 October 3, 2007 . Alternates may only discuss matters and vote if they are activated for the meeting . Alternate members can attend and participate as "public" . The Chairman will determine and indicate if a member is excused or absent . The Council is composed of 9 regular members with 5 required for a quorum and 5 votes necessary for official action C. Carryover discussion SFWMD coordination Addressed under Item VIII, B. Notify staff if you are interested in attending any SFWMD meetings. D. Mission Statement To be placed on the next agenda E. Reminder - December 5, 2007 meeting will be at CDES Room 609/610 IX. Subcommittee Reports Dr. Hushon requested the members attend the October 4, 2007, the October 11, 2007 and the October 31, 2007 LDC Subcommittee meetings. X. Council Member Comments None XI. Public Comments None ***** There being no further business for the good of the County, the meeting was adjourned by the order ofthe Chair at 3:31 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 11