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EAC Minutes 12/02/2009 R December 2, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, December 2,2009 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 A.M. in REGULAR SESSION at the Collier County Community Development Services Conference Room #609/610,2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: VICE CHAIRMAN: Dr. Judith Hushon Andrew Dickman Noah Standridge Michael V. Sorrell Patrick Peck ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Summer Araque, Sr. Environmentalist Specialist Stephen Lenberger, Sr. Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA December 2,2009 9:00 A.M. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ROOM 609/610 2800 N. Horseshoe Drive, Naples, FL 34104 I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of November 4,2009 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. LASIP (Lely Area Stormwater Improvement Project) Mitigation Park Site Development Plan SDP-2008-AR-13778 Section 15, Township 50 South, Range 26 East VII. New Business A. LDC Amendments 1. LDC sections 1.08.02 and 3.05.07: Native Vegetation Definition & Single- Family Preserve Setback Clarification 2. LDC section 2.03.08: Aquaculture Excavations VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Staff Comments XII. Public Comments XIII. Adjournment ******************************************************************* Council Members: Please notifY Summer Araaue. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on November 24. 2009 if YOU cannot attend this meetina or if YOU have a conflict and will abstain from votina on a petition (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. December 2, 2009 I. Call to Order Chairman Hushon called the meeting to order at 9:00 A.M. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Standridge moved to approve the Agenda. Second by Mr. Sorrell. Carried unanimously 5-0. IV. Approval of the November 4,2009 meeting minutes Mr. Peck moved to approve the minutes of the November 4,2009 meeting subject to the following revision: . Page 4, paragraph 3, line 2 - from".. .Audobon..." to ".. .Audubon. .." Second by Mr. Sorrell. Carried unanimously 5-0. V. Upcoming Environmental Advisory Council Absences Mr. Standridge may be absent for the January 6,2010 meeting. VI. Land Use Petitions A. LASIP (Lely Area Stormwater Improvement Project) Mitigation Park Site Development Plan SDP-2008-AR-13778 Section 15, Township 50 South, Range 26 East Margaret Bishop Transportation Division, Stormwater Management Division, Project Manager introduced Dan Brundage of Agnoli, Barber & Brundage, Inc. and Craig Smith ofW. Dexter Bender & Associates, Inc. to present the project. Dan Brundage provided an overview of the project highlighting the following: . LASIP is a long running (since the 1970's) County project involving a comprehensive drainage plan for approximately 11,000 acres. . The project is bordered on the North by Radio Road, South by Rookery Bay, East by Collier Blvd on the West by Sabal Bay and a power line easement. . The improvements involved construction of new canals, improving existing canals, construction of weirs to control the flow of water to preventing dehydration, construction of new pumping systems and "spreader lakes and swales," etc. . A portion of the project required County acquisition of a 99 acre parcel funded by a Florida Community and Trust (FCT) Grant. . A condition of the Grant was public access be provided to the parcel. . The parcel is subject of the Site Development Plan under consideration by the Council. . The parcel is bounded on the East by Collier Blvd., the north by Islandia Development and the South by other residential properties. 2 December 2, 2009 . The parcel will be improved with a small parking area, an ADA accessible picnic area, and an at-grade natural pedestrian trail. . A porous concrete material will be utilized for construction of the parking area allowing water to pass through the concrete and percolate into the ground. . The South Florida Water Management District Environmental Resource Permit and US Army Corps of Engineers permits have been obtained. Craig Smith provided an overview of the restoration that occurred on site highlighting the following: . The parcel was heavily invested with Melaleuca which was removed in 2007-2008. . The 87,000 cubic yards (cy) of waste Melaleuca was reduced to 1700 cy by burning on site in incinerators. . The waste ash was distributed throughout the site. . A season after the removal of exotics, the site was re-vegetated with native vegetation suitable for the site. . Monitoring indicates the re-vegetation is successful. Summer Araque, Sr. Environmental Specialist stated Staff recommends approval of the application. Discussion occurred noting the proposed Preserve is adjacent to other Preserves creating the continuity of approximately 500-600 acres of Preserve within the area. Mr. Sorrell moved to approve the application LASIP (Lely Area Storm water Improvement Project) Mitigation Park Site Development Plan SDP-2008-AR- 13778 Section 15, Township 50 South, Range 26 East). Second by Mr. Standridge. Carried unanimously 5-0. VII. New Business A. LDC Amendments 1. LDC sections 1.08.02 and 3.05.07: Native Vegetation Definition & Single- Family Preserve Setback Clarification LDC3:28.1- LDC3:28.2 LDC SECTION(S): 1.08.02 Definitions: 3.05.07 Preservation Standards CHANGES: . Revise the definition of "native vegetation" for purposes of retention of native vegetation. . Clarify how the "native vegetation definition" is applied to partially cleared sites with native trees, and where the understory has been converted to lawn or pasture. · Clarify single-family preserve setback requirements. 3 December 2, 2009 . Revisions to address concerns of stakeholders Stephen Lenberger, Senior Environmental Specialist presented the proposed Land Development Code Amendment and provided an overview of the proposed amendment. Under Council Discussion the following was noted: . Chairman Hushon submitted written gramatical changes (typos, etc.) for Staffs consideration. . Consideration should be given to clarifying the language in Section Section 3.05.07B.2.g line 5 - 6. Mr. Dickman moved to recommend approval of the proposed Land Development Code Amendment (LDC sections 1.08.02 and 3.05.07: Native Vegetation Definition & Single- Family Preserve Setback Clarification) subject to the following revision: 1. Page 8, Section 3. 05. o 7B.2.g line 5- 6 -language changefrom "Marshes and similar type environments (640FLUCFCS Codes) shall be excluded from this exception." To "Marshes and similar type environments (640 FLUCFCS Codes) shall not be included in this exception. " Second by Mr. Peck. Carried unanimously 5-0. 2. LDC section 2.03.08: Aquaculture Excavations LDC PAGE: LDC2:114-116 LDC SECTION(S): 2.03.08 Rural Fringe Zoning Districts CHANGE: Limits aquaculture in sending lands to above-ground facilities only. REASON: Concern about abandonment of excavations in RFMU sending lands, once aquaculture business has ceased to operate. Steve Williams, Assistant County Attorney presented the proposed Land Development Code Amendment noting it is a directive of the Board of County Commissioners. Mr. Dickman moved to recommend approval of the proposed Land Development Code Amendment (LDC section 2.03.08: Aquaculture Excavations). Second by Mr. Sorrell. Carried unanimously 5-0. VIII. Old Business A. Update members on projects Summer Araque reported: . The proposed School District Transportation Facility located on the comer of Desoto and 6th Ave in Golden Gate has been cancelled (not moving forward). 4 December 2, 2009 . The Collier County Resource Recovery Park was approved by the Board of County Commissioners. IX. Subcommittee Reports None X. Council Member Comments A hard copy ofth,e "lmmokalee Area Master Plan" was submitted for review to the Environmental Advisory Council (EAC). Chairman Hushon noted the Regular January EAC meeting (1/06/2010) will include a review of the "lmmokalee Area Master Plan" and Council members should consider "environmental aspects" of the Plan as they provide comments. 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 10:10 A.M. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, Dr. Judith Hushon These Minutes were approved by the Board/Chairman on as presented , or as amended 5