EAC Minutes 01/06/2010 R
January 6, 2010
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, January 6,2010
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
Summer Araque, Sr. Environmentalist Specialist
Stephen Lenberger, Sr. Environmental Specialist
David Weeks, Planning Manager
Carolina Valera, Principal Planner
Jeff Wright, Assistant County Attorney
Laura Roys, Sr. Environmental Specialist
Susan Mason, Principal Environmental Specialist
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA
January 6, 2010 at 9:00 A.M.
I. Call to Order
II. RollCall
III. Approval of Agenda
IV. Approval of December 2, 2009 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Marsilea Villas Planned Unit Development Rezone
PUDZ-2007-AR-11381
Section 13, Township 48 South, Range 25 East
VII. New Business
A. LDC Amendments
1. LDC sub-section 10.02.02 A: Environmental Impact Statements
B. GMP Amendments
1. Immokalee Area Master Plan Amendment - GMPA petition CP-2008-5
VIII. Old Business
A. Update members on projects
IX Subcommittee Reports
X. Council Member Comments
XI. Staff Comments
XII. Public Comments
XIII. Adjournment
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Council Members: Please notifv Summer AraQue. Environmental Services Senior
Environmental SDecialist no later than 5:00 D.m. on December 30. 2009 if YOU cannot
attend this meetinQ or if vou have a conflict and will abstain from votinQ on a Detition (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 6, 2010
I. Call to Order
Chairman Hushon caned the meeting to order at 9:01 A.M.
II. Roll Call
Ron can was taken and a quorum was established.
III. Approval of Agenda
Mr. Sorrell moved to approve the Agenda. Second by Mr. Standridge. Carried
unanimously 4-0.
Mr. Peck arrived at 9:03 am
IV. Approval of the December 2, 2009 meeting minutes
Mr. Dickman moved to approve the minutes of the December 2,2009 meeting
subject to the following change:
Page 3, paragraph 2, bunet point #2 - from "The 87,000 cubic yards (cy) of waste
Melaleuca was reduced to 1700 cy by burning onsite in incinerators" to "The 87,000
cubic yards (cy) of waste Melaleuca were reduced to 1700 cy by burning in onsite
incinerators. "
Second by Mr. Standridge. Carried unanimously 5-0.
V. Upcoming Environmental Advisory Council Absences
None
VI. Land Use Petitions
A. Marsilea Villas Planned Unit Development Rezone
PUDZ-2007-AR-I1381
Section 13, Towuship 48 South, Range 25 East
The presenters were sworn in
Tim Hancock of Davidson Engineer submitted the document "EAC Hearingfor
Marsilea Villas RPUD Rezone. presented by Davidson Engineering" (a hard copy
of the Slideshow presentation). The following is a brief overview of the Petition:
. The parcel is 10.25 acres in size and located y, mile west of Livingston
Road and 1.5 miles north of Immokalee Road and currently zoned
Agriculture, bounded on the North, East and West by a Royal Palm
International Academy PUD and on the South by Imperial Golf Estates.
. The property win be accessed via an existing curb cut on Livingston
Road.
. The applicant proposes to develop 27 single family lots and related
improvements.
. The Preserve areas are located on the northerly side of the site and
currently comprised of "poor quality wetlands."
. According to County regulations, .75 acres of Preserve Area are required.
. The project proposes a total of 1.89 acres of Preserve in two locations
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January 6, 2010
. The .66 aere Preserve Area located in the northwest eorner of the site will
provide eonnectivity to the Royal Palm PUD Preserve area and be cleared
of exoties and replanted with native trees. The eoncept it to anow the
understory vegetation to re-grow naturany.
. The 1.23 acre Preserve Area located in the northeasterly corner of the site
was a requirement of the South Florida Water Management District
(SFWMD). It is proposed to be restored via removal of the exotics and
minimal re-planting.
. It was the original intent of the applicant to locate the total Preserve Area
along the westerly property line. contiguous to the Preserve area of the
Royal Palm Academy PUD.
. During review of the Environmental Resource Permit (ERP) by the
SFWMD, the "District" required a Preserve Area to be located in the
northeasterly corner of the property. The area was determined to be the
"highest quality wetland" on site.
. The first year PUD Monitoring Report submitted to Staff win provide
evidence, including photographs, to determine if the Preserve understory
is regenerating naturally, or if additional re-vegetation measures are
required.
Discussion occurred on the reasoning for SFWMD requiring the Preserve to be
located in the area proposed, as opposed to creating eontinuity with the adjacent
preserve.
Alicia Lewis, Boylan Environmental Consultants noted the main priority of the
SFWMD is preservation of "higher quality wetlands" as opposed to
"connectivity" of Preserves. The SFWMD determined the proposed location of
the 1.23 acre Preserve in the northeast corner of the site was most adequate to
meet these priorities.
Summer Araque, Sr. Environmental Specialist stated Staff recommends
approval of the Petition.
Mr. Sorrell moved to approve the Petition (Marsilea Villas Planned Unit
Development Rezone PUDZ-2007-AR-11381 Section 13, Township 48 South,
Range 25 East) subject to the following condition:
1. After 1 year of clearing of exotics in the Preserves, the PUD Monitoring
Report submitted to County Staff will provide evidence, including
photographs, to determine if the Preserves re-vegetation is occurring
naturally, or if additional re-vegetation measures are required.
Second by Mr. Dickman. Carried unanimously 5-0.
Tim Hancock stated, in addition to the annual County PUD monitoring reports,
the applicant will be required to complete 3 and 5 year monitoring reports in
accordance with the SWFMD, ERP permit for the 1.23 acre Preserve.
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January 6, 2010
VII. New Business
A. LDC Amendments
1. LDC sub-section 10.02.02 - Environmental Impact Statements
Stephen Lenberger, Sr Environmental Specialist presented the proposed
Amendment.
LDC PAGE: LDC10:6 - LDClO:14
LDC SECTION(S): 10.02.02 Submittal Requirements for All Applications
CHANGE: Replace the requirement for an Environmental Impact
Statement (ElS) with submission of environmental data in which to
review projects.
REASON: The need for having a separate EIS document and separate ElS
approval process had been questioned that the environmental
information already provided for applications is
sufficient in which to review applications for compliance with
applicable LDC and GMP provisions. Removing the requirement
for an EIS and identifying environmental data submittal
requirements is warranted and would streamline the permitting
process while insuring the necessary information is provided in
which to review projects.
Discussion occurred noting one function of the Environmental Advisory Council
is to review formal Environmental Impact Statements. If a formal EIS is not
required, how will Staff determine which applications will require review by the
EAC.
Stephen Lenberger submitted a separate proposed LDC amendment which
would "Amend the type of Development Orders to be reveiwed by the EAC," and
referred to Section 8.06.03.0.1-5, which outlined the proposed scope of
Development Orders to be reviewed by the EAC.
The Council recommended the following be added to the Section 8.06.03.0
. Applications with sites of potential environmental eontamination.
. Applications proposing stormwater discharges into Preserves.
. Applications with lands containing Federally listed species including
the Bald Eagle.
Couneil discussion occurred noting the EIS is a standard document providing a
consistent review format for the Council. The Council expressed concern the
proposed Amendment may create different formats of environmental data
submitted to the EAC for review.
Stephen Lenberger noted the applicant will still be required to supply all
necessary environmental data as required by the Growth Management Plan and
Land Development Code to assist Staff in completing a thorough review of an
application.
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January 6,2010
The Council recommended the following additions to the proposed LDC
Amendment 10.02.02.
. Page 12 - item b.ii (Listed or protected species) addition oflisted plant
specIes.
. Require the applicant to provide topographie maps to a level of 6 inch
contours.
. Determination of which portions of an ElS data will be required for a
proper environmental review of applications.
In order to make an informed decision on the proposed Amendment, the Council
determined more information is required. This includes clarification on which
type of proposed environmental data will be required for the individual
applications and which Development Orders the EAC will be required to review.
Mr. Dickman moved to continue the item. Second by Mr. Peck. Carried
unanimously 5-0.
Break: 10: 15am
Reconvened: 10:25am
B. GMP Amendments
1. Immokalee Area Master Plan Amendment - GMPA petition CP-2008-5
The following documents were submitted for review:
. Immokalee Area Master Plan (lAMP) Comprehensive Plan
Amendment CP-2008-5, dated November 20, 2009.
. Letter from RW A, Assoc., Ine, dated January 4,2010 to Carolina
Valera. Principal Planner and Laura Gibson, Sr. Environmental
Specialist, from Robert Mulhere, RW A Consulting, Inc. - Re:
Response 10 SlafIRecommendalions Re: CP-2008-05 Imrnokalee Area
Master Plan (lAMP) and comments or concerns raised by EAC Chair
Judy Hushon in a meeting with Bob Mulhere and Pal Vanasse held on
Wednesday December 30. 2009.
. EAC Staff Report "Re: Petition CP-2008-5. Immokalee Area Master
Plan Growth Management Plan, Amendment (Transmittal Hearing)"
dated January 6,2010.
Penny Phillipi, Executive Director of the Immokalee Area Community
Re-Development Agency introduced the item outlinin the membership of the
Immokalee Master Plan and Visioning Committee and Irnmokalee Area
Community Redevelopment Agency. She noted the Immokalee Vision:
"Those of us, who live and work in Immokalee, envision a great future for our
town. We see new businesses and job opportunities in International trade and
distribution, agri-business, ecotourism, recreation and entertainment and the
construction industry. We see Immokalee as an attractive clean community
with afIordable workforce housing, neighborhood parks and outstanding
schools - a place where people walk and bicycle to do their errands, and
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January 6,2010
where parents are returning to the classrooms to finish their education and
master new job skills. Main Street will have a Latin flavor - plazas, outdoor
cafes, shops, and entertainment - attracting both the local community and the
tourist who come to explore our unique ecology or gamble at the Casino. "
Fred Thomas, Chairman of the Immokalee Master Plan and Visioning
Committee addressed the Council noting the area has the potential to be the
heart of a "Mega-region" and the goal is to make it happen soon by expediting
the development proeess. He is a wildlife photographer with a great
appreciation for the environment.
Robert Mulhere and Patrick Vanasse ofRW A Consulting, Inc., (
developers of the lAMP at the direction of the Immokalee Master Plan and
Visioning Committee) provided a Slideshow presentation "EAC Hearing 01-
06-10, lmmokalee Area Master Plan" which outlined the history of
Immokalee, identified the scope of parameters utilized in developing the
lAMP and addressed the comments on the lAMP provided by Staff and EAC
Chairman Dr. Judith Hushon. A hard copy of the presentation was provided
for the record.
Following the presentation, discussion occurred regarding possible impacts on
the approved well fields in the area, and how they may be impacted by the
future development proposed in the lAMP (future aqifer drawdowns
impacting cxisting or proposed wells, regulation of potential contamination
sources, etc.)
Break: 12: 15 AM
Reconvened: 12:55 AM
Speakers
Nicole Ryan, Conservancy of Southwest Florida noted she met with Penny
Phillipi and the Consultants who prcpared the lAMP on January 5, 2010 and
the parties are in conceptual agreement on revisions suggested below. The
Conservancy is in favor of the lAMP as it will aid in protecting the
environment while cxpcditing the permit process. She recommended the
following revisions to the lAMP:
1. Page 46 B.3 - Lake Trafford Camp Keais Strand System (L TCKSS)
Overlay - provide for any high quality wetland within the area to qualify
for per acre density transfers to a Stewardship Receiving Area (even after
restoration.)
2. Page 49, Section C.l paragraph 2 - reeommended language change from
"The additional wetland protection measure do not apply to properties
within the Overlay that are developed as of the adoption of this master
plan." to "The additional wetland protecton measures do not apply to
properties within the Overlay that were developed prior to the adoption of
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January 6, 2010
the applicable CCME policies, but will appZv to all new development
subsequent to the adoption of these poicies and all redevelopment."
3. Page 34 - Policy 4.1.1 - Concern on referencing a TDR program without
identifying the parameters of the Program.
4. Page 34 - Policy 4.1.2 -language ehange from "Recognizing the
importance of Lake Trafford to potential ecotourism..." to "Recognizing
the importance of Lake Trafford and the surrounding wetlands and
natural habitat to the ecosystem. economy and ecotourism..."
5. Page 34 Policy 4.1.3 language change Collier County will continue to
cooperate with agencies on remediation efforts at Lake Trafford..." to
"Collier County will continue 10 cooperate with agencies on remediation.
restoration and continuing long term management efforts at Lake
Trafford... "
6. Providing a Conservation Designation to the Immokalee Urban Area as
appropriate.
7. Page 24 Policy 1.1.3 - Clarifying the language on the requirements for
mitigation banking for public entities vs. private entities.
8. Page 31-32 - Policy 3.2.3 and 3.2.4 - Remove reference to the 175 bypass.
Paul Midney, Immokalee Resident noted the Immokalee residents are
concerned with both environmental protection and economic developrnent.
He recommended:
· Creating consistent terminolgy when identifying the Lake Trafford
Camp Keais Strand System (LTCKSS) throughout the lAMP.
· Clarifying the native vegetation requirements, cluster development,
buffering zones, etc. within the L TCKSS.
· Amending the Policy which currenIty restricts density shifting to those
landowners who straddle the Immokalee Urban Area and the Rural
Land Stewardship Area (RLSA).
· Reviewing the coneept where a portion of the L TCKSS contains a
zoning overlay whieh provides for high density residential and/or
density inereases.
Mr. Dickman noted he is in favor of the Plan, especially the Policies providing
for ineentives. In addition, recognized the cooperation shown between the
Consulants, Staff and the Conservancy of Southwest Florida.
Mr. Dickman left the meeting at 1:45 PM
Carolina Valera, Principal Planner and Laura Roys, Sr, Environmental
Specialist addressed the EAC Staff Report Re: Petition CP-2008-5,
lmmokalee Area Master Plan Growth Management Plan, Amendment
(Transmittal Hearing)" dated January 6, 2010 and noted Staffreeommends
transmital of the lAMP to the Department of Community Affairs subject to
the 10 Staff recommendations provided on page 10 and 11 of the Report.
The following was highlighted:
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January 6, 2010
. The consultants favorably addressed recommendations #1-9, and
provided a prompt response as requested in recommendation #10.
. Recommendation #2 errounously referenced the L TCKSS Overlay.
. Requested clarification on Poliey 1.1.3 with regard to Collier County
native vegetation preservation requirements.
. Therc are current regulations in place for the well field designations
discussed following the Slideshow presentation.
. Regarding the letter from R W A Consultants, Inc. to Randall J. Cohen,
Comprehensive Planning Department Director, dated November 20,
2009, examples #1-4 did not originate from the Environmental
Services Department.
Mr. Peck noted is is favorable that all involved are on the "same page" in
developing the lAMP.
Robert Mulhere noted he would clarify the language in Policy 1.1.3 regarding
Collier County off-site mitigation requirernents.
Mr. Peck left the meeting at 2:00 PM
Chairman Hushon moved to forward the lmmokalee Area Master Plan
(Comprehensive Plan Amendment CP-2008-5) to the Board of County
Commissioners subject to the following recommendations: (Final version of
said lAMP Plan revisions to be reviewed by the Environmental Advisory
Council)
1. Standardize the Lake Trafford Carnp Keais Strand System (L TCKSS)
Overlay terminology throughout the document.
2. Allow any lands within the L TCKSS Overlay to qualify for density
intensity blending.
3. Prohibit density increases within the LTCKSS Overlay.
4. Allow wetlands within the L TCKSS Overlay restored to high quality
wetlands to qualify for density intensity blending.
5. Prohibit retroactive LTCKSS Overlay development applications.
6. Remove the Greenfield Designation.
7. Poliev 4.1.1 - Postpone the TDR adoption process for a period of2
years to determine its feasibility and if a Growth Managemcnt Plan
amendment is required.
8. Clarify Policies on how lands will be designated for "Conservation."
9. Separate the Mitigation Bank Policy into Public and Private
Designations.
10. Policv 6.1. 7 to read - "Within two (2) years of adoption of the Policy,
Collier COUllty shall amend the Land Development Code to provide for
a deviation process from the current native vegetation retention
standards set forth in the CCME Policy 6.1.1 for developments within
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January 6, 2010
the lmmokalee Urban Area. This deviation process shall be consistent
with provisions set forth in CCME Policy 6.1.1(10)."
11. Goal #4 - expands language to include listed species protection for
upland and scrub jay habitat within the Immokalee Urban Area.
12. Provide a data analysis on how the Immokalce Water and Sewer
District intends to meet the demands of future development.
13. Policv 4.1.2 line 1 ~ from "Recognizing the importance of Lake
Trafford to potential ecotourism..." To "Recognizing Ihe importance
of Lake Trafford and the sarrounding wetlands and natural habitat 10
the ecosystem, economy and ecolourism..."
Policv 4.1.2 - line 4-5 - from - "Within 2 years of the adoption of the
Policy, the County in conjunction with the lmmokalee Community
Redevelopment Agency will amend the. .." to "Within 2 years of the
adoption oflhis Policy. the County in conjunction wilh the lmmokalee
Community Redevelopment Agency and any applicable State or
Federal Agencies will amend the ..."
14. Policv 4.1.3 line 1 - from "Collier County will continue to cooperate
with agencies on remediation efforts at Lake Trafford..." to "Collier
County will continue to cooperate with agencies on remediation,
restoration and continuing long term management efforts at Lake
Trafford... "
Second by Mr. Standridge. Carried unanimously 3-0.
Robert Mulhere stated he will consult with Collier County Staff and Nicole Ryan
of the Conservancy of South west Florida to address the items in the mol ion and
the Staff recommendations outlined in the EA C Staff Report and re-distribute the
lAMP with revisions to the EA C for final review.
VIII.
Old Business
A. Update members on projects
None
IX.
Subcommittee Reports
None
X.
Council Member 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 2:25 PM.
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January 6, 2010
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Chairman, Dr. Judith Hushon
These Minutes were approved by the Board/Chairman on
as presented , or as amended
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