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EAC Minutes 01/07/2009 R January 7, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, January 7,2009 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 Collier County Development Community Services, Conference Room #609/6102800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon Noah Standridge (Excused) David Bishof Nick Penniman Michael V. Sorrell Dr. Llew Williams Paul Lehmann Ninon Rynerson ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Summer Araque, Sr. Environmentalist Specialist Chris D'Arco, Principal Environmental Specialist Tom Greenwood, Comprehensive Planning William Lorenz, Director, Environmental Services ENVIRONMENTAl ADVISORY COUNCIL AGENDA January 7, 2009 9:00 A.M. CHANGE OF LOCATION: Community Development and Environmental Services (CDES) Room 609/610 I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of December 3, 2008 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development PUDZ-2007-AR-11100 "Taormina Reserve MPUD" Section 9, Township 50 South, Range 26 East B. Site Development Plan Amendment No. SDP-2008 -AR-13029 The Conservancy of Southwest Florida SDPA Section 27 & 34, Township 49 South, Range 25 East C. Excavation Permit No. EXP-2008-AR-12838 Hogan Island Quarry Section(s} 9, 10, 15, 16, 21, and 22, Township 47 South, Range 28 East VII. New Business A. Background of RLSA program - Tom Greenwood and others VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Summer AraQue. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on December 30. 2008 if vou cannot attend this meetinQ or if vou have a conflict and will abstain from votinQ on a petition 1239-252-62901. 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, 2009 I. Call to Order Chairman Hughes called the meeting to order at 9:00 AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Dr. Williams moved to approve the agenda. Second by Mr. Penniman. Carried unanimously 7-0. Chairman Hughes noted a letter had been previously received by the Environmental Advisory Council from the Board of County Commissioners, which requested the Council restrict the area of application reviews to "environmental concerns." Mr. Penniman requested clarification ifissues such as proposed artificial lighting and hours of operation, etc. may be considered as "cnvironmental concerns." Steve Williams, Assistant County Attorney noted these types of issues may be considered environmental concerns; Council members should use discretion in determining if these issues are relevant environmental concerns on a "case by case" basis. Mr. Lehmann arrived at 9:03AM IV. Approval of the October 1, 2008 meeting minutes Dr. Hushon moved to approve the minutes from the December 3, 2008 meeting subject to the following correction: . Page 6, line 5, - from "Ray Bauer" to Dr. Michael Bauer, City of Naples." Second by Mr. Lehmann. Carried unanimously 8-0. V. Upcoming Environmental Advisory Council Absences None VI. Land Use Petitions A. Planned Unit Development PUDZ-2007-AR-11100 "Taormina Reserve MPUD" Section 9, Township 50 South, Range 26 East The presenters were sworn in. Andy Woodruff of Passarella and Associates and Mark Minor of Q. Grady Minor provided an overview of the application noting the following: . The project is located South of Davis Blvd. and East of Santa Barbara Blvd. Extension . The surrounding land uses are residential, commercial, Collier County Boys and Girls Club and Naples Heritage Golf Course. . The site is characterized by existing native and non-native vegetation. 2 January 7, 2009 . A wetlands jurisdictional determination by the SWFMD identified 46.5 acres of wetland. . Listed species surveys were conducted identifying Wood Stork, Butterfly Orchid and 2 species of Talangia. . The native preservation requirement is 20.98 acres; 28.88 acres are proposed for preservation, which provides habitat for the listed species. . The northwestern portion of the site was previously utilized as settling ponds for sewage treatment. . The soil in the settling pond area was tested with no contaminations of concern identified. . None of the listed species outside the Preserve area are proposed to be re- located to the Preserve area. The Council requested the applicant maintain a sufficient quantity of the identified listed plant species to ensure a representative sample of the population remains on site (relocation to the proposed Preserve if necessary, etc.). Stan Chrzanowski, PE, Engineering Manager provided a brief overview of the watershed management in the area, which indicated no adverse impacts by the proposed proj ect. A discussion ensued regarding the benefits of utilization of "semi-pervious type" materials (brick pavers, crushed shell) in pedestrian and vehicle traffic areas to allow stormwater to permeate through the surface as opposed to directly running off the area. It was noted these types of applications still require sub-base materials that compact and discourage water infiltration (shed water as opposed to allowing water to pass through into the underlying soil). However, the South Florida Water Management District (SFWMD) is considering some type of "credits" for designs that utilize this concept. Chris D' Arco, Environmental Specialist stated Staff recommended approval of the Petition subject to the following conditions: (Page 10 of 12 of the "Environmental Advisory Council Staff Report Meeting of January 7, 2009" for the Petition.) 1. The Petitioner must obtain an Environmental Resources Permit (ERP) from the SFWMD (South Florida Water Management District) prior to approval of the Site Development Plan application. 2. An updated Red-Cockaded Woodpecker survey shall be submitted at the first Development Order ifrequired by the Florida Fish and Wildlife Conservation Commission (FWCC) or the Us. Fish and Wildlife Service (USFWS). Provide Florida Black Bear and Big Cypress fox squirrel management plans as part of the next Development Order. 3 January 7, 2009 3. At the time of the next Development Order, provide a hydro-period analysis for the project site or apply whatever current LDC amendment is in effect regarding evaluating storm water discharge into upland preserves. 4. The preserve management plan required as part of the next Development Order shall include provisions for annual monitoring to determine potential impacts of storm water on preserve's vegetation. The property owner will be required to replace vegetation adversely impacted by the stormwater with vegetation that will be suitable for future conditions. Wayne Arnold, Q. Grady Minor and Assoc. stated the applicant has addressed the issue of density calculations in relation to land use requirements within the Future Land Use Element (FLUE) identified by Staff as an area of concern on the bottom of page 5 and top of page 6 of the "Environmental Advisory Council Staff Report Meeting of January 7, 2009 ". Dr. Hushon moved to approve the Petition ("Planned Unit Development PUDZ- 2007-AR-11100 Taormina Reserve MPUD, Section 9, Township 50 South, Range 26 East") subject to the above conditions (#'s 1-4) outlined by Staff Second by Mr. Lehmann. Carried unanimously 8-0. B. Site Development Plan Amendment No. SDP-2008-AR-13029 The Conservancy of Southwest Florida Section 27 & 34, Township 49 South, Range 26 East Mr. Penniman excused himself from participating in the review of this Petition stating he is Chairman of the Board of the Conservancy of Southwest Florida. Mr. Penniman left the meeting. The presenters were sworn in. Andrew McElwaine of the Conservancy of Southwest Florida, Frank Feeney of Hole Montes, Inc. and Geza Wass de Czege of Southern Biomes, Inc. provided an overview of the project noting the following: . The project consists of the re-development of the existing Conservancy site on Airport Pulling Road and 14th Ave. . It will link the Naples Zoo and Gordon River Greenway with the Conservancy site. . Existing buildings will be either upgraded or removed, with existing buildings renovated and new buildings constructed reflecting the latest science and technology. . The buildings will be utilized for Offices, Animal Hospital and Educational facilities, etc. . All buildings will be LEED (Leadership in Energy and Environmental Design) certified. . There is a proposed direct linkage to the Naples Zoo. 4 January 7,2009 . A non-required stormwater treatment facility will be constructed at the expense of the Conservancy to treat stormwater that currently traverses through the site (Coastland Mall Stormwater, etc.) . The required Stormwater Treatment will provide for the water to initially enter vegetated swales, to a carbon filter structure, to a dry detention system overflowing into a wet treatment system discharging into a vegetated swale and filter marsh before final discharge to the Gordon River. . A new, secondary access road utilizing curb cut onto Goodlette Frank Road is proposed. . The proposed access from Goodelette Frank Road traverses a 5 acre Preserve which contains Gopher Tortoises . The access Road will utilize a 100-foot wide bridge which will allow the Tortoises to move throughout the areas. . The Preserve will be interconnected to the Naples Zoo property allowing the Tortoises to enter this area as well. . This interconnection will also promote breeding diversity within the populations in the area. Discussion ensued on the necessity of an additional proposed road which would access Goodlette Frank Road and whether the site could be serviced utilizing the . . 14th A eXlstmg access on ve. Andrew McElwaine noted the additional access is necessary for the provision of emergency services should the access off of 14th Ave become impeded. Discussion followed regarding origination of the concept of using a non- conventionally designed Stormwater Treatment system (vegetation filtration before sediment settles out of the stormwater). Also, maintenance concerns regarding the ongoing cleaning and inspection required of the filter system. Frank Feeney noted the South Florida Water Management District recommended the design concept. Discussion took place concerning the list provided in the Petition which identified 30 species of plants to be planted in the vegetated zones treating storm water. Chairman Hughes requested Staff provide the list of species to Collier County Transportation Department for consideration of incorporating the plantings into applicable stormwater treatment areas. It was noted the Conservancy is conducting on-going water quality tests for the condition of storm water which enters the Gordon River The Council requested within 2 years, the Conservancy provide the results of the water quality testing to determine the effects of the project improvements on the quality of storm water discharged to the Gordon River. Chris D' Arco, Environmental Specialist stated Staff recommended approval of the project subject to the following conditions: (on Page 7 of 9 of the 5 January 7,2009 "Environmental Advisory Council Staff Report Meeting of January 7, 2009" for the Petition). 1. This project must receive a SFWMD ERP prior to Site Development Plan approval. 2. A Florida Fish and Wildlife Conservation Commission relocation permit shall be obtained for the Gopher Tortoises (Gopherus polyphemus) found on site prior to the commencement of construction activities and a copy shall be forwarded to staff. 3. Provide a report to the Environmental Services staff on the results of the relocation of the Gopher Tortoises within thirty days of relocation. The report must contain the following information: the number of burrows excavated, the number of tortoises relocated and the final relocation site. 4. The removal of any vegetation within the proposed preserve shall be by hand only. No mechanical clearing is permitted. 5. A supplemental planting plan shall be submitted for environmental staff review in the event that it is determined that the natural recruitment of foraging herbaceous species cover is not adequate. Stan Chrzanowski, PE, Engineering Manager noted the Stormwater Treatment system is unconventional; however it will be monitored to determine how these types of system function long term. He provided a brief overview of the watershed management in the area. Freedom Park and Hole in the Wall Golf Course are taking steps to improve the water quality of the Stormwater discharges into the Gordon River. Mr. Lehmann requested clarification from the Transportation Department if any analysis has been completed for an improvement to 14th Ave and/or the existing access point eliminating the need for an additional separate access road which bisects the Preserve. John Podczerwinsky Transportation Department stated the Department has not analyzed any proposed improvements for the site at the existing access on 14th Ave. He stated the proposed access will alleviate commercial traffic on the residential street of 14th Ave., but does not encourage the new curb cut on Goodlette Frank Road, which may degrade the current level of service of the roadway in that area. Dr. Hushon moved to accept the Petition (Site Development Plan Amendment No. SDP-2008-AR-13029, The Conservancy of Southwest Florida. Section 27 & 34, Township 49 South, Range 26 East) subject to the conditions outlined (#'s 1-5) by Staff and the Conservancy provide the results of the Water Quality monitoring in 2 years. Second by Mr. Sorrell. Motion carried 7 - 'yes" 1 - "no". Mr. Lehmann voted "no." 6 January 7, 2009 Mr. Lehmann stated he applauded the Environmental considerations the applicant utilized in the proposal but the issue of improving the existing access point and/or 14th Ave. has not been fully investigated which may possibly eliminate the need for a proposed access road bisecting the Preserve. Break-10:45AM Reconvene -10:55AM Mr. Penniman returned. C. Excavation Permit No. EXP-2008-AR-12838 Hogan Island Quarry Section (s) 9, 10, 15, 16,21 and 22 Township 47 South, Range 28 East The presenters were sworn in Robert Mulhere Emilio Robau of RW A, Inc., Tim Hall of Turrell, Hall and Assoc. and George Varnadoe ofCheffy, Passidomo, Wilson and Johnson represented the applicant and provided an overview of the application highlighting the following: . The Conditional Use Petition for the project was recommended to the Board of County Commissioners for approval by the Environmental Advisory Council on May 7, 2008 and the Collier County Planning Commission on June 5, 2008. . The Board of County Commissioners approved the Conditional Use Petition on July 7, 2008 with conditions. . The Petition is for the Excavation Permit. . The site is 967 acres with a maximum 740 acres of excavation. . The plant will operate 24 hours a day, blasting will be involved. A document entitled "Conditions of Approval Hogan Island Quarry, CU-2006- AR-10805" and the outlined proposed, Environmental Services and Transportation conditions contained therein was submitted for consideration. Attached was Appendix #1 "Hogan Island Dust Control Plan, Rinker Materials. " The document demonstrated compliance with all permit conditions set forth by the County in the Conditional Use application. Stan Chrzanowski, PE, Engineering Manager provided an overview of the UDAR mapping in the area. The following was noted: . Truck drivers arrive approximately 1-2 hours before the quarry opens and there is a lengthy access roadway to allow stacking of vehicles internally within the project. (As opposed to stacking on Immokalee Road). . The project is located a significant distance from Corkscrew sanctuary and will not have an adverse impact on the wildlife which inhabits the area. 7 January 7,2009 · The work will be completed in phases, with only the work area being artificially lit with downward pointed, shielded lighting. · Blasting is heavily regulated by various Agencies. Discussion ensued regarding the Florida Panther and the concern of increased early morning Panther fatalities caused by the excavation operation. Robert Mulhere noted the applicant will pay their fair share of funds (not to exceed $20,000) for a proposed wildlife crossing on [mmokalee Road with the location yet to be determined. Discussions took place on the various other avenues of protecting the Florida Panther [rom vehicle fatalities in the area (warning horns or flashing lights, high pitched whistlers on vehicles, etc.) Mr. Penniman stated at the May 7,2008 meeting the Conditional Use application was reviewed and he raised the issue of the findings of the Strategic Aggregates Review Task Force Report to the Legislature and subsequently has confirmed they found there was "no significant crises of supply of aggregate materials" (in Florida). Mr. Penniman moved to approve Excavation Permit No. EXP-2008-AR-12838 Hogan Island Quarry, Section (s) 9,10,15,16,21 and 22 Township 47 South, Range 28 East subject to the recommendatiolls (conditions of approval document referenced above) and the following conditions. I. The applicant adhere to the document "Conditions of Approval Hogan Island Quarry, CU-2006-AR-10805" and attached Appendix #1 "Hogan Island Dust Control Plan, Rinker Materials. " 2. The work area artificial lighting shall be shielded, downward pointed lighting (so lighting is diverted [rom adjacent properties). 3. Flashing caution lights and signage be posted on the east and west ends of Camp Keais Strand to warn drivers of the eminent danger of Panthers crossing the road. Said sign and lights subject to the applicant receiving the appropriate permits. 4. A sign be posted on the access road (in the area where drivers would stack before the quarry opens or other appropriate location) to warn drivers of Panthers crossing the roadways in the area. Said sign to be in Spanish and English. Mr. Bishof recommended a permit condition requiring the project not to commence until the Panther Crossing for [mmokalee Road is constructed. He noted the proposed signage and warning lights are not adequate enough to address the impacts on the Panther. 8 January 7,2009 Motion carried 7 'Yes -1 "no." Mr. Bishofvoted "no." Mr. Bishof stated he voted "no" expressing concern over the traffic impacts on the Panthers and the project does not contain adequate provisions to mitigate the impacts. Break-12:05PM Reconvene-1:00PM (Ms. Rynerson did not return) VII. New Business A. Background of RLSA program - Tom Greenwood and others Tom Greenwood, Comprehensive Planning, Bill Lorenz, Environmental Services Director; Anita Jenkins and Bruce Johnson of Wilson Miller presented a slide show presentation as primer to the upcoming Environmental Advisory Council Special evaluation of the Rural Lands Stewardship Area Advisory Group Phase II Report. In conjunction with the slideshow he submitted the following documents: · Excutive Summary "Recommend to review and approve the February, 2008 Report of the Rural Lands Stewardship Area Committee entitled "Rural Land Stewardship Area Five-Year Review, Phase I-Technical Report" for use in the Rural Lands Stewardship Overlay District Phase 2 Report and authorize transimittal to the Florida Department of Community Affairs. " · Document "Rural Lands Stewardship Area Maturity (Proposed Rural Lands Stewardship Area Overlay") prepared by Wilson Miller · Document "The Collier County Rural Lands Stewardship Overlay" presented to the Board of County Commissioners June 12,2002, Updated January 7, 2009. · Document "Rural Lands Stweardship Area Five. Year Review - Phase I - Technical Review" · Document "Rural Land Stewardhship Sending Area (SSA) Land Charachteristics Summary" Spreadsheet last updated 11/25/2008. It was noted the Conservation Easements generated within the Program are deeded to Collier County and/or the Department of Agriculture and Consumer Services and are perpetual. Tom Greenwood noted he would provide information to anyone interested on how to obtain the GIS data utilized for the Program. The Phase 2 Report will be reviewed by the Environmental Advisory Council on January 29, 2009 with a carryover day of February 5, 2009, if necessary 9 January 7, 2009 Chairman Hughes requested permission to invite representatives within the Solar Power industry to address the Committee on Solar Power issues. The Committee agreed with the req uest. VIII. Old Business A. Update members on projects None IX. Subcommittee Reports None X. Council Member Comments Mr. Lehmann noted he continues to work on the Mission Statement. Dr. Hushon requested Staff to notify her when the "Keewaydin" project is scheduled for the Board of County Commissioners Agenda. Dr. Williams suggested the County require future applicants monitor the vegetative filters proposed within projects to ensure they continue to function as intended. Summer Araque recommended the Committee draft proposed Land Development Code language on the suggestion for presentation to the Board of County Commissioners who would direct Staff to undertake the amendment. XI. 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 2:41 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 10