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EAC Minutes 01/07/2008 R January 7, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENT AL ADVISORY COUNCIL Naples, Florida, January 7, 2008 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 at Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon Roger Jacobsen David Bishof Nick Penniman (Excused) Michael V. Sorrell Dr. Llew Williams Allison D. Megrath (Alternate) Richard Miller ALSO PRESENT: Jeff Wright - Assistant County Attorney Stan Chrzanowski, PE - Planning Review Summer Araque - Senior Environmentalist Nick Casalanguida - Director, CC Transportation Planning ENVIRONMENTAL ADVISORY COUNCIL AGENDA Monday, January 7, 2008 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 November 7, 2006 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development PUDZ-2006-AR-9143 Standing Oaks RPUD Section 31, Township 48 South, Range 26 East B. Plat and Construction Plans PPL-2006-AR-9975 Mockingbird Crossing Section 36, Township 48 South, Range 26 East VII. New Business I. Old Business A. Update members on projects II. Subcommittee Reports III. Staff Comments A. Ethics: Conflict of Interest - Jeff Wright B. Reminder - Check with staff before amending agenda and vote is needed to amend agenda C. RLSA presentation in November is 3-4 hours. Schedule a full day at a regular meeting or have a special session? IV. Council Member Comments A. Water Use - Richard Miller V. Public Comments VI. Adjournment .....****..*.***.****.********************-************************ Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on Januarv 2. 2008 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina 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. January 7,2008 I. Call to Order The meeting was called to order by Chairman Hughes at 9:00AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Jacobsen moved to approve the agenda. Second by Mr. Williams. Carried unanimously 9-0. IV. Approval of November 7, 2006 meeting minutes Mr. Jacobsen moved to approve the minutes of November 7, 2007 meeting. Second by Mr. Horn. Carried unanimously 9-0. V. Upcoming Environmental Advisory Council Absences Dr. Williams will not be present for the February meeting. VI. Land Use Petitions A. Planned Unit Development PUDZ-2006-AR-9143 Standing Oaks RPUD Section 31, Township 48 South, Range 26 East The presenters were sworn in. Mr. Miller stated that he had visited the site. Bob Mulhere, Senior V.P., RW A, Inc. provided an overview of the Petition noting the subject parcel is 41.1 +/- acres in size and located on the east side ofl- 75, west of Oakes Blvd and North of Vanderbilt Beach Road. Access is from Standing Oakes and Shady Oakes Lane. A gopher tortoise burrow was identified on site and is located in the preserve area. There is a large house and outbuildings located on the site which will be removed Mr. Jacobsen noted page 6, item #3 of the Staffreport states 4.97 acres oflands were previously disturbed without proper authorization and inquired on the status of this issue. Bob Mulhere stated that the issue has been resolved and the applicant has reached an agreement with the County to re-vegetate a certain amount of area to mitigate the disturbance. He noted the disturbance was created by a prior owner. Question was asked concerning the location of the burrow in which Jason Hunt of Passarella and Associates stated it is approximately 30 yards from the proposed developed area. Chairman Hughes recommended that the applicant provide the Council with a status report on the condition of the Gopher Tortoise as construction is on going. 2 January 7, 2008 Summer Araque, Sr. Environmentalist stated that the Staff recommends approval of the Petition. Dr. Hushon moved to approve the Petition subject with the following stipulation; That the applicant provide a status report to the Council on the condition of the Gopher Tortoise every 6 months for a term of 2 years. Said term to initiate with the commencement of construction. Secolld by Mr. Miller. Carried unanimously 9-0. 8. Plat and Construction Plans PPL-2006-AR-9975 Mockingbird Crossing Section 35, Township 48 South, Range 26 East Dr. Hushon moved to postpone the item to a later portioll of agellda. Secolld by Mr. Jacobsen. Carried unanimously 9-0. The presenters were sworn in. Michael Delate of Q Grady Minor & Associates, P A provided an overview of the Petition stating the project is located north of Vanderbilt Beach Road extension and East of Collier Boulevard. It is for 110 single family lots on 110 +/ - acres. Debby Tyson of Passarella and Associates provided an Environmental overview of the project noting the following: . the site contains approximately 101 acres of upland and 8 acres of wetlands . A Southwest Florida Water Management District permit has been acquired . A Bald Eagle management plan has been approved by the US Fish and Wildlife Service for a nest located adjacent to the proposal . A Big Cypress fox squirrel management plan has been approved by the County Dr. Hushon noted the high levels of contaminants found in an area of the site and requested the status of further sampling and cleanup. She further noted the site is in the area of the proposed lake which will require excavation for construction. Michael Delate stated that a remediation plan is being prepared and the State has been notified of the site. The property owner and applicant are committed in moving forward to address the issue. Vanessa Richter, owner representative stated that the owner is aware of the issue and is proceeding with cleanup as necessary. He has received cost estimates for the cleanup, but cannot proceed until a permit is granted. The issue has been reported to the Department of Environmental Protection and all necessary steps will be followed in the cleanup. A discussion occurred whether a permit is required for the "cleanup". 3 January 7, 2008 Stan Chrzanowski, PE, Planning Review noted that for any excavation, a permit may be required. Removal of material off site is considered a commercial excavation and will require a permit. There is an exemption in the Land Development Code for removal of material off site up to 4000 cubic yards if it is for lands in Agricultural use. This parcel could possibly qualify. It was noted that if the cleanup began and exceeded 4000 cubic yards, it would not be advisable to stop for a periodic time while a commercial excavation permit is applied for. The Council recommended the LDC should contain an excavation exemption policy for Environmental cleanups. The Council reviewed the stormwater management elevations and treatment proposal. Summer Araque, Sr. Environmental Specialist stated Staffrecommends approval of the project with a stipulation of the Phase III which are the results from the DEP. Jeff Wright, Assistant County Attorney cited a stipulation in the Staff report: "For this phase of the PPL, the Petitioner must submit completed TDR Transfer and Redemption Applications for 44 of the 88 TDR's required for this project. Density blending provisions do not apply to the subject property." He recommended making any approval contingent upon this. Dr. Hushon moved to accept the Petition with the following stipulations: 1. A Closure Certificate from DEP is delivered before actual construction on the site commences and if possible, the County makes a permit exemption for the material removed offsite in conjunction with the cleanup. 2. For this phase of the PPL, the Petitioner must submit completed TDR Transfer and Redemption Applications for 44 of the 88 TDR's required for this project. Density blending provisions do not apply to the subject property Second by Mr. Sorrell. Carried unanimously 9-0. VII. New Business LDC amendment for Special Cycle 2008-1a (Florida Rock Industries, Inc.) Bruce Anderson of Roetzel and Andress provided an overview of the request noting the amendment is filed by Florida Rock at a request of the Collier County Transportation Department. It provides the following requested changes 1. Extend the existing non-conformance development rights in the Land Development Code for landowners that sell lands to a government agency for 4 January 7,2008 public uses to similar provisions in the Code for transfers of parcels with Transfers of Development Rights. 2. To extend this allowance to Private Parties acquiring properties on be-half of the County or Governmental entity for Public Use. Dr. Hushon noted that under item #2, the land would ultimately need to be deeded to the County or Government entity and an agreement would be in place before acquisitions are undertaken. Bruce Anderson agreed. Mr. Miller expressed concern over the wording being too broadly based stating it is for lots or land acquired for "public use and/or purpose by the County or another governmental entity." He recommended removing or "another Governmental entity" as well as "and/or purpose." A discussion occurred regarding the specific wording of the proposal and concerns that the proposal could lead to a governmental entity acquiring property for projects or improvements that are not ultimately for the public's use. The Council recommended that the document contain the wording "for ownership" before the wording "by Collier County or other Governmental entity" where necessary in the document. Mr. Miller moved to approve the LDC amendment request subject to the following: That the land acquired be reserved for use by a governmental entity. Second by Mr. Bishof. Carried unanimously 9-0. Break 10:27 AM Reconvene: 10:45 AM VIII. Old Business A. Update members on projects Summer Araque stated Naples Reserve was approved and Della Rosa was approved with the recommendation with the Stipulation to add 5 acres to the south of the project to preserve more wetlands. Dr. Hushon requested an update on the proposed temporary ATV Park. Summer Araque - Brown was not provided an update by the Department of Parks and Recreation Chairman Hughes recommended that possible lands in control of South Florida Water Management District that are not currently in "restoration" phases be offered for utilization as temporary ATV sites. It was noted that Mr. Penniman is working on the Mission Statements. IX. Sub-Committee Reports 5 January 7, 2008 Dr. Hushon noted the LDC Sub-Committee is meeting on January 10 and 24, 2008. It was recommended that the alternates as well as Council members attempt to attend these meetings. Dr. Hushon noted the Planned Communities proposed under the Rural Lands Stewardship Program are not reviewed by the Environmental Advisory Council. There is one that has been approved (Ava Maria) and 14 additional proposals in the queue. Chairman Hughes moved to require Environmental Advisory Council review of projects proposed under the Rural Lands Stewardship Area program and recommellded that the Land Developmellt Code be revised to require Environmelltal Advisory Coullcil review of these projects. Second by Dr. Husholl. Carried ullanimously 9-0. X. Staff Comments A. Ethics: Conflicts ofInterest - Jeff Wright Jeff Wright, Assistant County Attorney appeared before the Council to discuss Conflicts ofInterest and submitted a form 8B "Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers" for review for the Council. He cited the Collier County Ethics Ordinance which notes that you may not participate in an action where you may create the appearance of an impropriety. The State Statute is more technical which requires the filing of form 8B and recommended he be contacted for a determination of a conflict before filing this form. Chairman Hughes addressed the Environmental Advisory Council recommending a Council member review other jurisdictions regulations and/or ordinances to see how environmental issues such as building heights, aesthetics, etc. are addressed and implemented through adopted regulations and submit this information back to the Environmental Advisory Council for review. B. Reminder - Check with staff before amending agenda and vote is needed to amend agenda The Council noted this request by Staff. Jeff Wright, Assistant County Attorney noted a Scrivener's error in the agenda numbering and recommended the Council approve an amended agenda to make the numbering sequential. Dr. Hushon moved to amend the agenda with "Old Busilless" beginning with number VI/I alld continuing sequentially from this point. Secolld by Chairman Hughes. Carried unanimously 9-0. 6 January 7,2008 C. RSLA presentation in November 3-4 hours. Schedule a full day at a regular meeting or have a special session. The Council determined that the presentation by RSLA should take place at a separate meeting. XI. Council Member Comments Allison Megrath stated this is her first day as an alternate and is a Certified Land Use Planner. It was noted that her background will be useful to the Council. Mr. Sorrell asked how to proceed in changing the Land Development Code to provide for exemptions to allow for the removal of material off-site in environmental cleanups. It was noted that these exemptions should be linked to a Department of Environmental Protection approved cleanup. Mr. Stan Chrzanowski, PE, Planning Review stated that he will contact Joe Schmitt, (Community Development and Environmental Services Administrator) for input on this issue. A. Water Use - Richard Miller Mr. Miller provided an update on a report he is in the process of preparing for the Council on water usage within the County. He has conversed with Clarence Tears of the South Florida Water Management District who noted that his concerns are protecting the surface water and protecting the quality of the aquifer. Mr. Miller's concern is who is ultimately responsible to ensure adequate quantities of water for future use. He intends to meet with the Utilities Division of the County for more input on these issues and will prepare a written report for a future meeting. Chairman Hnghes suggested he meet with Representative Burt Saunders for input. He also suggested that the Council begin to identify environmental issues within the County and Region that may be a long term concern to the quality of life within the Region. ***** 7 January 7, 2008 There being no further business for the good of the County, the meeting was adjourned by the order ofthe Chair at 12:01 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 8