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EAC Minutes 02/03/2010 R February 3, 2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Nap]es, F]orida, February 3, 20]0 LET IT BE REMEMBERED, that the Collier County Environmenta] 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 Bui]ding "F" of the Government Complex, Nap]es, F]orida, with the following members present: CHAIRMAN: Dr. Judith Hushon VICE CHAIRMAN: Andrew Dickman Noah Standridge Michae] V. Sorrell Patrick Peck ALSO PRESENT: Steve Wi]liams, Assistant County Attorney Susan Mason, Principal Environmenta] Specialist Summer Araque, Sr. Environmenta] Specialist Carolina Va]era, Principal Planner Stephen Lenberger, Sr. Environmenta] Specialist COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCil AGENDA February 3, 2010 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 January 6. 2010 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions - none VII. Consent Agenda Items A. Immokalee Area Master Plan VIII. New Business A. lDC Amendments 1. lDC sub-section 10.02.02 A: Environmental Impact Statements (Continued) Discussion on EAC Powers and Duties: Scope of land development project reviews (Code of laws and Ordinances) 2. lDC sub-section 3.05.07 H.1.h: Recreational Uses Criteria in Preserves 3. lDC sub-section 3.05.07 H.1.h: Stormwater Uses Criteria in Preserves IX. 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 Januarv 29. 2010 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a petition (252.6290l. 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. February 3, 201 0 I. Call to Order Chairman Hushon called the meeting to order at 9;03 a.m. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Peck moved to approve the Agenda. Second by Mr. Standridge. Carried unanimously 4-0. Mr. Sorrell arrived at 9:04 a.m. IV. Approval of January 6, 2010 meeting minutes Mr. Dickman moved to approve the minutes subject to the following changes: . Page 2, Item VI, paragraph 2, line 1 .- from "Davidson Engineer" to "Davidson Engineering..." . Page 4, paragraph 2 - Under "Reason" - from "The need for having a separate EIS document and separate EIS approval process has been questioned that the environmental information...... ." to "The need for having a separate EIS document and separate EIS approval process has been questioned. It was felt that the environmental information...... . Page 4, paragraph 3, line 1 - add the word "that" "Discussion occurred noting that one function of the..." . Page 5, deletion of paragraph 2.. replacing it with the following "The EAC requested an opportunity to examine whether other additional information is required. They will be provided with details of what is proposed to be submitted and this item will be continued. " . Page 5, paragraph 5, line 2 - from "outlinin" to "outlining" . Page 6, pargraph 6, line 1 (throughout the document) - from "LTCKSS" to "LT/CKSS" . Page 6, paragraph 8, line 2 - from "measure" to "measures" . Page 6, paragraph 8 from 3 - "protecton" to "protection" . Page 7, paragraph 1, line 2 - from "poicies" to "policies" . Page 8, paragraph 1, bullet point 2 --- from "errounously" to "erroneously" . Page 8, paragraph 2, line I - from "noted is is... to "noted it is..." . Page 8, paragraph 5, #4 - from "overlay restored to high quality..." to overlay that are restored to high quality..." . Page 9, paragraph 1, #12 - from "Provide a data analysis..." to "Provide data analysis... " Second by Mr. Peck. Carried unanimously 5-0. V. Upcoming Environmental Advisory Council Absences None 2 February 3, 2010 VI. Land Use Petitions - none VII. Consent Agenda Items A. Immokalee Area Master Plan Robert Mulhere, Mulhere Assoc. presented the doeument "Changes to Proposed lAMP: - Sources Are Highlighted as Follows: EAC - yellow, Consultant/CRAB - blue: CCPC Workshop-- Green. " Also included was an email from Laura Gibson to Environmental Advisory Council Members - Subjeet: "Immokalee Area Master Plan Review that contained proposed changes by Stafl" The Staff email included four comments which are not reflected in the revised document submitted. He will be incorporating the comments into the document. He noted additional revisions; 1. Added Policy 4.1.4 - will remove proposed language and utilize Staffs proposed language referenced in the above email. 2. The Council determined Section 4.1.5 should be replaeed with the language "Within 2 years of adoption of this Policy. the County, in conjunction with the Community Redevelopment Agency will undertake a survey to identify remaining existing scrub hay habitat within the Immokalee Urban Area. The availability of that land should be investigated as upland mitigation areas in accordance with policy 1.1.3. Development should be directed awayfrom these areas, though they could be made available for passive recreation. The possibility of rewarding owners of this scrub habitat who maintain their property in such a way to benefit Scrub Jays should be investigated. " Existing Policy 4.1.5 be renumbered 4.1.6 aecordingly. 3. Discussion occurred on the language throughout the document whieh requires a 2-year time frame for tasks to be eompleted. The timing may not be realistic based on future County Staffing levels, CRA funding considerations, etc. The Council requested St(1tf relay the concern to the Collier County Planning Commission and the Board of County Commissioners. Chairman Hushon moved to accept this version of the lAMP (Immokalee Area Master Plan) with the additions discussed herein today including the Staff recommendations with exception of the recommendation #2for Policy 1.1.3. Also the addition of Policy 4.1.5 addressing Scrub Jays. Second by Mr. Dickman. Carried unanimously 5-0. VIII. New Business A. LDC Amendments I. LDC sub-section 10.02.02 A: Environmental Impact Statements (Continued) LDC Amendment: 3 February 3, 2010 LDC PAGE: LDCIO:6 - LDC10:14 LDC SECT10N(S): 10.02.02 Submittal Requirements for All Applieations CHANGE: Replace the requirement for an Environmental Impact Statement (EIS) with submission of environmental data in which to review projects. Stephen Lenberger, Sr. Environmental Specialist presented the amendments noting he win incorporate the following revisions based on EAC recommendations; . Section A.3.a.i. - Proposes to add the requirement of a topographic map to a level of6" (112 foot) contours. . Section A.3.e.ii, line 3 - Proposes to strike the word "interim" . Section A.3.b - Proposes to add listed plant species to the survey requirements if the listed plant amendment is adopted. . Section A.3.c.ii - Proposes to add language requiring "identification of natural jlowways on the site plan. " . Seetion A.3.b - Proposes to revise heading to "Listed Species and Bald Eagle. " . Section A. 3.d.ii - Proposes to add language" to require "a clearance letter from the Florida Department of Environmental Protection (FDEP) before occupancy of the site that the level of cleanup is adequate for the development proposed on site" (or similar language). Mr. Standridge moved to approve the proposed LDC amendment with the additions listed above. Second by Mr. Sorrell. Mr. Dickman noted he intends to vote "no" and read a Policy from the Growth Management Plan outlining the requirement of an Environmental Impaet Statement which is to ensure planning and zoning decisions are made by the determination of potential environmental impaets. The proposal is to eliminate the EIS process and based on the above Policy he questions whether the County currently has the authority to eliminate the requirement of an EIS submittal (without amending the Growth Management Plan). Stephen Lenberger noted the information proposed for submittals is the same as the information required in a current EIS. He proposed a language addition to the amendment as follows; "For PUD rezones and Conditional Use petitions, applicant shall collate and package applicable submittal data requirements into a single Environmental 1mpact Statement document prior to public hearings and after all applicable StajJreviews are complete. Copies of the E1S shall be provided to the County Manager or designee prior to public hearings. " 4 February 3, 2010 Mr. Standridge amended the motion to requiring the additions outlined in the original motion and incorporation of the language proposed by Mr. Lenberger above. Second by Mr. Sorrell. Motion carried 3 "yes" -:1 "no." Mr. Dickman and Chairman Hushon voted "no. " Chairman Hushon voted "no" as the EIS is a worthwhile document and would prefer revisions to the submittal requirements of an EIS as opposed to its elimination. Mr. Dickman stated his "no" vote is not a refleetion of Staffs ability to make decisions on the data required to be submitted for applications processed under the proposed amendment. The eurrent Growth Management Plan requires an EIS and the Land Development Code, may be amended to achieve the County's goals in streamlining the permit process. Mr. Sorrell noted he was "on the fence" in the vote, however ifit is the County's intent to streamline the permit process, he is in favor of it. He is concerned some development applications currently reviewed by the EAC will bypass the Couneil. Break: 10:53 a.m. Reconvened: 11:05 a.m. Discussion took place on EAC Powers and Duties: Scope of Land Development project reviews (Code of Laws and Ordinances) CHANGE; Amend the type of Development Orders to be reviewed by the EAC. Stephen Lenberger noted the above item is not an LDC amendment, but an amendment to the Code of Laws and Ordinances. The item is on the Agenda as it affeets the EAC. Discussion occurred on: . The ramifications of the proposal in Section 8.06.03.L to eliminate the requirement for review of Developments of Regional Impacts (DRI), Areas of Critical State Cone em/Special Treatment Zoning Overlays (ACSC/ST). . Possible delays in the permit process due to the requirement outlined in Section 8.06.03.0. 3 where a Collier County Planning Commission and/or Board of County Commissioners decision may refer an application back to the EAC for review. . Seetion, 8.06.03.L.5.1 (2).. The current language proposed to be stricken, grants Staff the authority to administratively issue an EIS waiver to applicants which may assist the County in the goals of streamlining the EIS process discussed under the previous item. 5 February 3, 2010 . Consideration should be given to reviewing sites with potential environmental eontamination (i.e. when a Phase II Environmental Site Assessment was required for a site, etc.) . Outlining the parameters for the review requirements for federally listed species and the Bald Eagle. Stephen Lenberger noted Staff will review the various parties input on the proposed Amendment and resubmit it to the EACfor consideration at afuture meeting. The Council decided to hear 1tem VllJ.A.3 before Item V11J.A.2 3. LDC Sub-Section 3.05.07 H.l.h: Stormwater Uses Criteria in Preserves LDC PAGE; LDC3:39 LDC SECTION: Section 3.05.07 Preservation Standards CHANGE; Add criteria for when treated stormwater is allowed in preserves. Speakers Bruce Layman, Sr. Ecologist, Wilson Miller provided an overview of the Amendment noting it has been prepared with input of the Stakeholders. He supports the proposed amendment with one revision to be addressed by Nicole Ryan. Nicole Ryan, Conservancy of Southwest Florida noted the Conservancy was opposed to any stormwater discharges into Preserves however consensus has been reached on the Amendment which provides protection of the xerie communities; the prohibition of discharging untreated stormwater into Preserves; the requirement of monitoring and remediation and the regulating of the quantity ofwater allowed in the discharges. The language proposed in Section 3.05.07H.e.ii) is being revised by Stakeholders and she recommended the Couneil approve the other Sections of the proposed Amendment. Their revised language will be re-submitted to the EAC for review at a future meeting. Stephen Lenberger noted Staff has reviewed the proposed Amendment and supports the language, as written, including the concept of a future revision as referenced by Nicole Ryan. The Couneil recommended the following revisions: . Seetion 3.05.07H.e.i) line 3 - 4 - from ".. . addressed in d above..." to .. ."addressed in d ii) above..... . Section 3.05.07.H.e.iii) - from "Stormwater shall not be directly diseharged into 322, 413..." to "Stormwater shall not be directly diseharged into [and designated as 322, 413..." Mr. Dickman moved to approve the proposed LDC Amendment with the addition of the two changes listed above and the exception of Section 6 February 3, 201 0 3.05.07H.e.ii) of the proposed Amendment which will be resubmitted to the EA C for review. Second by Mr. Peck. Carried unanimously 5-0. Stephen Lenberger requested direction from the Couneil if projects proposing to discharge stormwater into Preserves should be in the "Scope of land development project reviews (Code of Laws and Ordinances)" of the EAC. The Council noted these types of projects should be given eonsideration for an EAC review. 2. LDC Sub-Section 3.05.07 H.1.h: Recreational Uses Criteria in Preserves LDC PAGE; LDC3:39 LDC SECTlON(S): 3.05.07 H Preservation Standards CHANGE: Add criteria for passive recreational uses allowed in preserves. Speaker Kate Crosley, Conservancy of Southwest Florida noted the pathways in the Preserves should not be intrusive on the areas for Preservation. The proposed Amendment was drafted in eonjunction with Stakeholders and addresses the eoncems. She supports the proposed Amendment as written. Discussion occurred on the language in Section 3.05.07.H.1.h.i.a)i), ii) - are paths' widths narrower than those proposed adequate for most users? The Council recommended the following revisions to the proposed Amendment . Section 3.05.07.H.1.h.i.ali) - from "Pedestrian pathways shall be kept to a maximum width of 8 feet." to "Pedestrian pathways are recommended to be a width of 6 feet with a maximum width of 8 feet." . Seetion 3.05.07.H.l.h.i.aliil - from "Shared use paths for use by golf carts, trams, bicycles, joggers, etc. shall be kept to a maximum width of 12 feet." to "Shared use paths for use by golf carts, trams, bieycles, joggers, ete. are recommend to be a width of 10 feet with a maximum width of 12 feet. " . Section 3.05.07.H.1.h.i.alvl line 4 - 5 - from "shall be located on either side of the preserve." to "shall be loeated along the side of the preserve. " Dr. Husholl moved to approve the proposed LDC Amendment subject to the above changes. Second by Mr. Dickman. Carried unanimously 5-0. IX. Old Business A. Update members on projects 7 February 3, 2010 None X. Subcommittee Reports None Xl. Council Member Comments None XII. Staff Comments None XIII. 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 12:23 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, Dr. Judith Hushon These Minutes were approved by the Board/Chairman on as presented , or as amended 8