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EAC Minutes 10/07/2009 R October 7, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, October 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 a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the following members present: CHAIRMAN: Dr. Judith Hushon VICE CHAIRMAN: Andrew Dickman Noah Standridge Michael V. Sorrell Patrick Peck ALSO PRESENT: Steve Williams, Assistant County Attorney Stan Chrzanowski, PE, Engineering Manager Summer Araque, Sr. Environmentalist Specialist Chris D' Arco, Principal Environmental Specialist Stephen Lenberger, Sr. Environmental Specialist Catherine Fabacher, LDC Manager Jeff Wright, Assistant County Attorney 1 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 7, 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 September 2, 2009 and August 25, 2009 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development PUDZ-2007-AR-12294 "Immokalee Regional Airport PUD" Section 25, 26, 27, 34, 35, and 36, Township 46 South, Range 29 East and Sections 2 and 3, Township 47 South, Range 29 East. (Item VII.A. to be heard before land use petition) VII. New Business A. LDC Amendments 1. Moving of governing advisory boards to the Code of Laws and Ordinances and deleting the contents of Chapter 8 from the LDC 2. Notice requirements for Vanderbilt Beach Residential Tourist Overlay Zoning District 3. Interim process allowing for deviations from existing LDC provisions for properties located within the Immokalee Urban Area 4. Wellfjeld risk management zones 5. Listed plants and other listed species 6. Manatee Protection Plan shoreline calculations 7. Vehicle-on-the-Beach Permits 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 Araaue. Environmental Services. Senior Environmental SDecialist no later than 5:00 D.m. on SeDtember 30. 2009 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a Detition (252-6290). 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 7, 2009 I. Call to Order Chairman Hushon 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 Mr. Sorrell moved to approve the Agenda subject to the following changes: Items VII.A.5-7 to be heard before items VII. A. 1-4. Second by Mr. Dickman. Carried unanimously 5-0. IV. Approval of the September 2, 2009 and August 25,2009 meeting minutes Mr. Dickman moved to approve the minutes of the August 25,2008 meeting. Second by Mr. Standridge. Carried unanimously 5-0. Mr. Sorrell moved to approve the minutes of the September 2, 2009 meeting subject to the following addition: Page 9, paragraph 3, last line".. .Recreation Act. to".. .Recreation Act. (See expanded explanation, "Exhibit B attached'').'' Second by Mr. Peck. Carried unanimously 5-0. V. Upcoming Environmental Advisory Council Absences None Summer Araque informed the Council that the next 3 meetings (November '09- January'lO) will be held at CDES on Horseshoe Drive. VII. New Business A. LDC Amendments (amendment requests 5-7 were heard first) 5. Listed plants and other listed species LDC Pa2e: LDC 3: 14 & LDC 3 :23 LDC Sections: 3.04.01 Generally; 3.04.02 Species Specific Requirements; 3.04.03 Requirements for Protected Plants; 3.04.04 Penalties for Violations: Resort to Other Remedies Stephen Lenberger, Sr. Environmental Specialist introduced the proposed amendment noting the reason is for the evaluation for protection of listed plants required as part of the EAR-based (Evaluation and Appraisal Report), GMP (Growth Management Plan) amendment to the CCME (Conservation and Coastal Zone Management Element) Policy 7.1.6. Mr. Standridge moved to recommend approval of the proposed amendment. Second by Mr. Sorrell. Carried unanimously 5-0. 6. Manatee Protection Plan shoreline calculations LDC Pa2e: LDC 5 :28 - 5 :30 LDC Sections: 5.02.02. 2 October 7, 2009 Stephen Lenberger, Sr. Environmental Specialist introduced the proposed amendment noting the amendment is to clarify how the County will treat the length of shoreline within a conservation easement when calculating the amount of wet slips according to the Manatee Protection Plan. The amendment will allow lands in all shorelines to be included in the density calculations for wet slips including the shoreline located in "conservation easements. " Dr. Hushon continued to recommend any shorelines within conservation area/easements not be counted in the density calculations for wet slips (due to possible negative impacts on Manatees.) When the Environmental Advisory Council approved the concept in July 2008, she voted "no." S~eaker Bob Mulhere noted the Collier County Manatee Protection Plan provides for density calculation levels based on a ranked sensitivity of Manatee habitat. He expressed concern not allowing the inclusion of lands in conservation easements in the density calculations may create a disincentive for landowners to place lands in conservation easements. Mr. Dickman moved to recommend approval of the proposed amendment. Second by Mr. Standridge. Motion carried 4 ''yes'' -1 "no." Dr. Hushon voted "no. " 7. Vehicle-on-the-Beach Permits LDC Pa2e: LDC10.104 - LDCIO.109 LDC Sections: 10.02.06: Submittal Requirements for Permits Stephen Lenberger, Sr. Environmental Specialist introduced the proposed amendment noting it is to change the requirement for annual vehicle on the beach permits to a one time permit (vehicle registration) for vehicles associated with construction, beach re-nourishment and inlet maintenance, which will continue to expire on April 30 of each year to coincide with the beginning of sea turtle nesting season. Mr. Peck moved to recommend approval of the proposed amendment. Second by Mr. Sorrell. Carried unanimously 5-0. 1. Moving governing advisory boards to the Code of Laws and Ordinances and deleting the contents of Chapter 8 from the LDC LDC Pa2e: LDC 8:1:20 LDC Sections: 8.03.00 - 8.07.05 Jeff Wright, Assistant County Attorney introduced the proposed amendment noting it was to re-Iocate the portion (Environmental Advisory 3 October 7,2009 Council/Collier County Planning Commission Powers and Duties and Rules of Procedures, etc) of the Land Development Code into the Collier County Code of Laws and Ordinances. The change will provide the County with a more practical method of future revisions to the language in these sections. Chairman Hushon requested staff to make a presentation to the Council on any changes in the section applicable to the Environmental Advisory Council. Mr. Dickman moved to recommend approval of the proposed amendment. Second by Mr. Peck. Carried unanimously 5-0. 2. Notice requirements for Vanderbilt Beach Residential Tourist Overlay Zoning District LDC Pa2e: LDC 2:69 through 2:73 LDC Sections: 2.03.07 Overlay Zoning Districts Patrick Wright, Attorney, Porter and Wright authored the amendment and introduced it noting the major revision from his proposal is on page 4, Section 2.03.07.L.5.d where the requirement to "notify all property owners (by mail) within 500 feet of the lands comprising the boundary of such an application" has been stricken. The most recent version of the amendment is dated September 21, 2009. Discussion occurred on the ramifications of, and reason for striking the language. Patrick White noted after the language was proposed for Site Development Plan (SDP) and Site Improvement Plan (SIP) applications, DSAC (Development Services Advisory Committee) recommended it be stricken as it was overly costly for the applicant to meet the requirement and provides a different standard of notice than that required in other areas of County regulations. Catherine Fabacher, LDC Manager noted Site Development Plan (SDP) and Site Improvement Plan (SIP) applications are administrative applications after a PUD's etc. has been approved. During PUD hearings, etc., major issues associated with the proposal have been vetted at a properly noticed public forum. She expressed concern the requirement will create an unnecessary burden on staff when processing the administrative applications. SDeaker Kathleen Robbins, Secretary, Vanderbilt Beach Residents Association, noted the residents association is comprised of numerous condominium associations with email blast as a primary mode of communication. She expressed concerns previous "administrative decisions" have been made without knowledge to the various associations. They are opposed to striking the language and recommend the language remain in the code and in addition requested the Vanderbilt Beach Residents Association be notified. 4 October 7, 2009 Discussion occurred whether or not this is an environmental issue, and should it be addressed by the Environmental Advisory Council? Staff noted the amendment was forwarded to the EAC for review for environmental issues within the proposed amendment (Section 2.03.07.L.5.b.c, etc.), not the warning language per se. Jeff Wright noted staffis concerned other homeowners association's within an overlay district may come forward requesting a similar notice procedure. The language may set a "precedent." Patrick White noted the purpose of regulatory change at times, is to set "precedents" and they should be evaluated whether they request "appropriate The council requested clarification if any applications relevant to this section may be heard by the EAC. Stephen Lenberger noted an Environmental Impact Statement associated with an SDP, SIP or other application, is subject to EAC review. Committee discussion occurred on the merits of noticing adjacent property owners for these applications. Some members expressed concern on not notifying the adjacent property owners as the application may potentially have a negative effect on these properties (within 500 feet). Mr. Standridge moved to recommend approval of the proposed amendment as written. Second by Mr. Peck. Motion failed 2 "yes" - 3 "no." Chairman Hushon, Mr. Dickman and Mr. Sorrell voted "no. " Mr. Sorrell moved to recommend approval of the proposed amendment subject to the wording in Section 2. 03. 07.L.5.d (Page 4, paragraph 4, lines 5-6) shown deleted ("by mail to all property owners within 500 feet of the lands comprising the boundary of such application and'') be included in the section. Second by Mr. Dickman. Carried unanimously 5-0. Break -10:24am Reconvened -10:35am 3. Interim process allowing for deviations from existing LDC provisions for properties located within the Immokalee Urban Area LDC Pa2e: LDC 2:40.3 LDC Sections: 2.03.07 G Immokalee Overlay Robert Mulhere, RW A, Inc. representing the Immokalee Community Redevelopment Agency and the Immokalee Master Plan and Visioning Committee introduced the proposed amendment noting it is to create the Immokalee Overlay District, with distinct sub-districts for establishing development criteria suitable for the unique land use needs of the Immokalee community. The term of the interim amendments are for 24 months, or until the permanent amendments have been adopted. The intent is to provide 5 October 7, 2009 development flexibility for the area. The major reason for EAC review ofthe proposed amendment is the requested deviation of the preservation standards (item b.1 on Page 7 of the Proposed Amendment). Speakers Fred Thomas, Chairman, Immokalee Master Plan and Visioning Committee addressed the council stressing the urgency of approving the amendment due to the current economic climate as it will increase the areas competitive stance with adjacent counties. Bradley Muckel, Immokalee CRA Project Manager stressed the immediate need for the amendment as proposed developers have found the existing standards too restrictive, not applicable to the parcels and too costly for specific land uses to be proposed in the area. The area needs a different set of provisions (deviations of architectural reviews, etc.) than those found in other areas of the County based on its characteristics (a more pedestrian oriented community). Jim Wall, Southwest Florida Workforce Development Board noted there is an untapped resource of labor talent found in the area and urged the council support the amendment so the region may move forward in the area of economic development. Kerry Williams, landowner provided an example of the need for the amendment where landscaping could not be improved on a parcel due to the current regulations. Penny S. Phillippi, Executive Director, Immokalee CRA concurred with the previous speakers and noted the area wishes to re-develop into a "Green Community" and the amendment would facilitate the effort. Chairman Hushon noted there is a recent study on "pervious paving" and requested county staff to provide the document to the Immokalee CRA for distribution to its members. Discussion occurred on how a permit issued under the "interim regulations," will be "vested," (especially ifthe approved use is deemed "non-conforming" and hasn't been constructed before adoption of the permanent regulations.) Jeff Wright, Assistant County Attorney stated "vesting" language should be considered for the proposed amendment. Chairman Hushon requested on Page 8 c., line #228 should include the language ".. . denied, by the CCPC and the EAC subject to...." Bob Mulhere noted he would review the document and ensure it addresses "deviations that are subject to EAC review" as applicable Mr. Standridge moved to recommend approval of the proposed amendment subject to language being added addressing "vesting of permits " and "EAC 6 October 7, 2009 review for applicable deviations." Second by Mr. Peck. Carried unanimously 5-0. 4. Well field risk management zones LDC Pa2e: LDC 3:51; 3:48-52; LDC 3:54 LDC Sections: LDC 3.06.06 - Regulated Well Fields; Ray Smith, Pollution Control Department introduced the amendment noting the changes are: . A language change to allow the rule to recognize a new public water supply well field serving Ave Maria community, . A new well field Illustration for Ave Maria Utility Company. . Replace existing illustration for the Orange Tree Well Field. . Replace existing illustration for the Florida Governmental Utility Authority Golden Gate City Well Field. . Replace existing illustration well field Collier County Utilities Golden Gate Well Field Illustration. Mr. Dickman stated he teaches at Ave Maria Law School and requested clarification ifhe had a conflict of interest with the item. Steve Williams, Assistant County Attorney stated Mr. Dickman does not have a conflict of interest. Under council discussions, Ray Smith clarified any wells associated with the county land fill area east of951 and North ofI75, (that recently had a petition for an expansion approved by the EAC) are located in the Hawthorne Aquifer System. Mr. Dickman moved to recommend approval of the proposed amendment. Second by Mr. Standridge. Carried unanimously 5-0. VI. Land Use Petitions A. Planned Unit Development PUDZ-2007-AR-12294 "Immokalee Regional Airport PUD" Section 25, 26, 27, 34, 35, and 36, Township 46 South, Range 29 East and Sections 2 and 3, Township 47 South, Range 29 East. (Item VII.A. to be heard before land use petition) The Presenters were sworn in. Wayne Arnold of Q Grady Minor and Assoc. introduced the petition noting it is for the rezone of the Immokalee Airport to a PUD. Shane Johnson, Passarella and Assoc. provided an overview of the Environmental Characteristics of the project and highlighted the following: 7 October 7, 2009 . There are 11.14 acres of wetlands impacts . 1.15 acres of wetland impact is within Phase 1, as approved by South Florida Water Management District Permit #11-0099-F. . Listed species surveys were conducted in 2006 and 2008 in which Florida Scrub Jays, Gopher Tortoises and Burrows, Wood Storks, Burrowing Owls, etc. were observed on site. . The Preserve is comprised of two separate tracts on the western portion of the property, where the majority ofthe listed species were identified. . Staff requested, and the applicant has agreed to remove the acreage within the ditch from total preserve acreage calculation. . The separation of the preserve tracts is due to FAA regulations and the associated runway. . The Preserve area in total is 134.04 acres, 133.27 acres of uplands, .77 acres wetland and meets the counties requirements for retention of native vegetation. The council noted they have established a directive in which all data provided by applicants should be the most "up to date as possible" and the Florida Black Bear Map provided is from 1999. Newer data is available and requested future petitions, incorporate the most recent data available. The council requested the applicant contact the author's of the "Interim process allowing for deviations from existing LDC provisions for properties located within the Immokalee Urban Area" (Item VII.A.3 heard herein) to ensure consistency with the application and the proposed amendments (including comments by county staff generated with the application.) Wayne Arnold noted they have been in communication with Robert Mulhere regarding the issues. Stan Chrzanowski, PE, Engineering Manager provided an overview of the LIDAR (Light Detection and Ranging) for the area. Chairman Hushon reviewed recommendations for approval in the EAC Staff Report Environmental I. Provide an updated listed species survey as part of the next development order. 2. Provide Florida Black Bear, Big Cypress Fox Squirrel, and Burrowing Owl Management Plans as part of the next development order. 3. Provide a Gopher Tortoise Relocation Management Plan as part of the next development order. 4. 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 8 October 7,2009 number oftortoises relocated, and the final relocation site. 5. At the next Development Order, the PUD document and legal description shall exclude the wetland ditch acreage as part of the preservation requirement. Chris D' Arco, Environmental Specialist, noted any future listed species updates required by the applicants for proposed development orders will be conducted in the area proposed for development (not the entire airport parcel) Dr. Hushon moved to recommend approval of Petition (PUDZ-2007-AR-12294 "lmmokalee Regional Airport PUD" Section 25,26,27,34,35, and 36, Township 46 South, Range 29 East and Sections 2 and 3, Township 47 South, Range 29 East.) subject to the stipulations provided by Staff(above) and the year dates on the collared animals (live and deceased) be updated to the most recent data available. Second by Mr. Standridge. Carried unanimously 5-0. VIII. Old Business A. Update members on projects None IX. Subcommittee Reports Chairman Hushon noted the Habitat Conservation Plan Advisory Committee, (which was required to sunset in September of2009,) will continue its business based on a directive from the Board of County Commissioners. X. Council Member Comments Chairman Hushon noted the agenda for the next EAC Meeting will be comprised solely of Land Development Code Amendments. 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 11 :59 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, Dr. Judith Hushon These Minutes were approved by the Board/Chairman on as presented , or as amended 9