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EAC Minutes 05/06/2009 R May 6, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, May 6, 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 a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon Noah Standridge David Bishof Michael V. Sorrell Ninon Rynerson Quin Kurth ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Chris D' Arco, Principal Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA May 6, 2009 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 April 1 , 2009 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Conditional Use CU-2009-AR-14148 Transportation Facility For School District of Collier County CU Section 4, Township 49 South, Range 28 East VII. New Business VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Susan Mason with Environmental Services no later than 5:00 p.m. on April 30. 2009 if you cannot attend this meetina or if you have a conflict and will abstain from votina on a petition (252-2987). 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. May 6, 2009 I. Call to Order Chairman Hughes called the meeting to order at 9:04AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Dr. Hushon moved to approve the agenda. Second by Mr. Sorrell. Carried unanimously 7-0. IV. Approval of the April 1, 2009 Meeting Minutes Mr. Rishofmoved to approve the minutes of the Aprill, 2009 Meeting subject to the following correction: Page 7, paragraph 4, line 4 - from "assertion and/or perception members on the EAC are bias" to "assertion and/or perception members on the EAC are biased." Second by Mr. Sorrell. Carried unanimously 7-0. V. Upcoming Environmental Advisory Council Absences Susan Mason, Principal Environmental Specialist noted the Environmental Advisory Council Meeting for June has been canceled. VI. Land Use Petitions A. Conditional Use CU-2009-AR-14148 Transportation Facility for School District of Collier County CU Section 4, Township 49 South, Range 28 East The presenters were sworn in. Bruce Anderson, Roetzel and Andress provided an overview of the project highlighting the following: . The project is an ancillary plant (satellite transportation facility) for the Collier County School District. . The site may be utilized for a satellite transportation facility, warehousing, offices, vehicle maintenance facility, administrative offices, etc. . The property was deeded from the Board of County Commissioners to the Collier County School District with the restriction the property must be utilized for School Facilities. . If the property is not utilized for these purposes, the deed reverts to the control of the Board of County Commissioners. Laura Herrero, Johnson Engineering provided an overview of the environmental aspects of the proposal highlighting the following: . The property is 11.38 acres located east of DeSoto Blvd and 8th Ave. 2 May 6, 2009 . It is abutted by single-family residential, agricultural uses and vacant land. . There is 10.16 acres of native vegetation, 2.96 acres of jurisdictional wetland. . The wetlands are located on the north and south side of the property . 2.49 acres of wetlands (primarily on the southern side of the property) will be impacted. . The South Florida Water Management District and US Army Corps of Engineers will review the wetland impacts as required (Environmental Resource Permit, etc.) . As required, 1.52 acres of Preserve is proposed with .47 acres being wetland. . It has been determined Florida Black Bear and Florida Panther utilize lands in the vicinity the project area. . The applicant will provide Management Plans for Black Bear and Big Cypress Fox Squirrel. Following the presentation, discussion occurred on the status of the Florida Black Bear and Florida Panther impacts and whether or not "take permits" are required. Laura Herrero noted the applicant will coordinate with all necessary State and Federal Wildlife Agencies to obtain any required permits or biological opinions regarding wildlife habitat. Chris D' Arco, Principal Environmental Specialist noted the County will address the item in the projects next Development Order. Discussion took place on the status of the Storm Water System Design and how drainage issues will be addressed including the hydrology of the wetland and possible site flooding during times of storm events. Jerry Brown, Johnson Engineering noted the items have not been addressed. The discharge point has not been formally identified; however it will probably be on the north side of the site into the existing canal. Impacts on the hydrology of the existing wetland have not been determined. Laura Herrero noted the seasonal high water elevation has not yet been determined and will be addressed through further Development Orders with the County and the South Florida Water Management District permitting process. Stan Chrzanowski, PE, Engineering Manager provided an overview of the LIDAR Map for the property and adjacent properties. Members questioned if the review by the EAC is premature due to the lack of specific environmental data on the issues identified (possible impacts on the water table, wetland impacts/preserve impacts from stormwater drainage etc.) 3 May 6, 2009 Susan Mason noted EAC concerns could be formulated into a motion in the form of "conditions." It was noted with residential properties adjacent to the site, the applicant should utilize downward-shielded lighting in the final design of the site. Chris D' Arco stated staff recommends approval of the Conditional Use CU-2009- AR-14148 Transportation Facility for the School District of Collier County subject to the following conditions: (contained in the Staff Report). Stormwater Mana2ement 1. A Surface Water Management and Environmental Resource Permit must be obtainedfrom South Florida Water Management District prior to Site Development Plan approval. Environmental 2. Provide Florida Black Bear (Ursus americanus floridanus), Big Cypress Fox Squirrel (Sciurus niger avicennia) and wading bird management plans as part of the next development order. In addition, based on today's review: 3. The applicant is required to obtain Florida Panther, Florida Black Bear, wading bird, (or any other applicable species) consultation from the US Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission Bruce Anderson stated a Neighborhood Information Meeting (NIM) was held with all persons located within 1000 feet of the site provided proper notification. Discussion occurred on the depth of fill required to ensure the site is not subject to undue flooding. Jerry Brown noted the plan is conceptual and it is undetermined at this time exactly which uses will be developed on site, so details cannot be provided at this time. Dr. Hushon moved to accept the recommendation (by Staff) for the site (CU-2009- AR-14148 Transportation Facility for School District of Collier County) with the following additional provisions: 1. Shielding lighting be utilizedfor the development of the site. 2. US Army Corps of Engineers and South Florida Water Management District permits be obtained and reviewed by Staff. 3. County Staffreviews the impervious structures (areas) to determine if there is any potential to make the areas pervious. 4. Oil waste separators to be designed and constructed to County Design Standards. Second by Mr. Sorrell. Dr. Hushon amended the motion to add the following conditions: 5. The project review ensures the hydrology of the Preserve Area is maintained. 4 May 6, 2009 Second by Mr. Sorrell. Motion carried 7-0. VII. New Business Chairman Hughes noted with past applications presented to the EAC, discussions have consistently occurred on the environmental parameters the EAC is limited to in its review. In areas of stormwater drainage/water quality/wetland issues, etc., at periodic times, the Council has been advised, the areas subject to review by the South Florida Water Management District are not in the purview of the Council. He requested clarification on the source of this determination. As the Environmental Advisory Council (EAC) moves forward, should Council members consider reviewing applicable sections of the Land Development Code empowering the EAC, for posssible amendments to clarify these parameters? Steve Williams, Assitant County Attorney noted 8.06.03 0.2 of the Land Development Code states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMDj, are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged in Preserves as allowed in section 3.05.07. " Discussion ensued on the purpose of the EAC, its related environmental reviews and its responsibility for protection of the public interest. To ensure any necessary information is available to adequately address issues affecting environmental quality, at which phase in Development Orders should EAC reviews occur? Dr. Hushon thanked Chairman Hughes for his service to the Council as he has chosen not to reapply for EAC membership. VIII. Old Business A. Update members on projects Susan Mason stated the Board of County Commissioners approved the Mirasol Project by a vote of 4 - 1. IX. Subcommittee Reports Dr. Hushon noted the Habitat Conservation Plan Advisory Committee continues to meet and is in the process of finalizing a draft Habitat Conservation Plan as directed by the Board of County Commissioners. There are currently 2 vacancies on the Committee. X. Council Member Comments None XI. Public Comments None 5 May 6, 2009 ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:24 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 6