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EAC Minutes 06/01/2011 .) June 1,2011 .~ MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL RECEIVED JUL iJ 8 2011 Naples, Florida, June 1, 2011 _~", ,: ::If County Ccmmissioners 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 at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: Fiala Hiller Henning Coyle Coletta rp/ ~,I/ "'-/ ./ CHAIRMAN: Dr. Judith Hushon VICE CHAIRMAN: Andrew Dickman Michael Sorrell David Bishof Gina Downs ~ = ALSO PRESENT: Steve Williams, Assistant County Attorney Summer Araque, Sr. Environmentalist Specialist Chris D' Arco, Principal Environmental Specialist ivllSC, Corres: ~ Date: 9\ vb\. \ \ Item .: \u-:s:.. '2.. 'A \ "'L.. := ~;;~:;2 .~J: 1 .. June 1,2011 " .. I. Call to Order Chairman Hushon called the meeting to order at 9:00AM. r--,. 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 addition: . Item VII.B.a. - Update on the Gordon River Greenway project. Second by Mr. Dickman. Carried unanimously 5 - o. IV. Approval of the May 4, 2011 meeting minutes Mr. Dickman moved to approve the minutes of the May 4,2011 meeting subject to the following changes: . Page 4, addition of paragraph 9 after "Ms. Downs withdrew the motion" Paragraph 9 to read: Andrew Dickman stated that the application is inconsistent with the Growth Management Plan. Dr. Hushon added that this project includes a Special Treatment Area and should be "green" design to minimize its adverse impacts on the Gordon River Water Quality. Second by Ms. Downs. Carried unanimously 5 - O. ~ V. Upcoming Environmental Advisory Council Absences None VI. Land Use Petitions The presenters were sworn in A. Hacienda Lakes Growth Management Plan Amendment CP 2006-11 Hacienda Lakes Development of Regional Impact DRI-2006-AR-I0147 Hacienda Lakes Planned Unit Development Rezone PUDZ-2006-AR-I0146 Sections 11 through 14,23 through 25, Township 50 South, Range 26 East, and Sections 19 & 30, Township 50 South, Range 27 East, Collier County, Florida. Dwight Nadeau, Planning Manager, RW A, Inc. provided an overview on the project higWighting: . The applications involve 3 separate requests for approval as listed above. . The project is located east of Collier Blvd. between Lord' s Way and Sabal ..--. Palm Road and is 2,262 acres in size. ~ '::l.>,~ 2 June 1,2011 ~ . The Growth Management Plan Amendment application is a request for the Environmental Advisory Council (EAC) to provide a recommendation to the Board of County Commissioners to adopt the Amendment. . For the Hacienda Lakes Development of Regional Impact DRI-2006-AR- 10147 and PUDZ-2006-AR-10146 applications, the applicant is seeking a recommendation from the EAC the Board of County Commissioners approve the projects. . The Growth Management Plan Amendment is to reconfigure the boundary and increase the size of the Southeast Quadrant of Mixed Use Activity Center No.7 and increase the maximum allowable density that may be achieved in the Urban Residential Fringe Sub district through the County's Transfer of Development Rights Program. . The Amendment also proposes revisions to the native vegetation requirements, and accesses for the Business Park. . The Department of Community Affairs (DCA) had no objection to the proposal. . The PUD application proposes 1760 residential development units, retail and office space, a proposed school site, preserve areas, etc. . The Florida Sports Park and Collier County Jr. Deputy Program is currently on site and will remain. . The project incorporates a corridor for the Benfield Road project. ~ Ken Passarella, Passarella and Associates, Inc. noted: . The project will require development of lower quality wetlands on the westerly portion of the site in exchange for preserving higher quality wetlands located on the easterly side of the site. . The applicant is in contact with the State of Florida regarding conveyance of some ofthe preserve lands to the State (Picayune State Forest). . The conveyance is intended to be subject to a management endowment. . The applicant is working with the US Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission on minimizing impacts on the Florida Panther and other listed species. . An Environmental Resource Permit will be required from the South Florida Water Management District. ~ Emilio Robau, RW A, Inc. noted: . Stormwater runoff will be treated by interconnected lakes with 6 outfalls, 1 into the canal and 5 into the wetlands. . The outfall into the canal will comprised of mainly residential use stormwater. · The overall water flow of the existing site is to the east/south into '.t'Ut-,_ Henderson Creek (east of the FPL easement) and west into the canal (~ of the FPL easement). . To help mitigate the urbanization of the basin, the proposed discharge into the canal will be less than now currently exists. 3 June 1,2011 . Sabal Palm Road currently acts as a dam to southerly water flow and the project proposes to install additional culverts under the road to assist in re- establishing the hydrology and southerly sheetflow previously associated with the area. . The stormwater system is designed for "retention" until the established control level is reached. r--, Per Council request, Mr. Robau stated he will analyze the composition of the lakes to determine if aeration is required. Brian Barnes of Cardno Entrix provided a brief overview on the construction of the proposed lakes noting the lakes are to be constructed to a depth of 12 feet to 20 feet (to the confining Bonita Springs Marl layer). Chris D' Arco, Principal Environmental Specialist reported the Staff Report "Environmental Advisory Council Meeting of June Ft, 2011" for petitions DRI- AR-10147 and PUDZ-AR-10146 recommends approval ofthe Hacienda Lakes Development of Regional Impact DRI-2006-AR-10147 and Hacienda Lakes Planned Unit Development Rezone PUDZ-2006-AR-10146 subject to the following recommendations: 1. An updated listed species survey shall be submitted prior to the next Development Order. 2. Installation of the Sabal Palm culvert crossings will occur prior to the first preliminary acceptance. .~ Break: 10:20am Reconvened: 10:35am Speakers Brad Cornell, Audubon of Collier County noted he has met with the applicant many times and provided input on the proposal and the applicants have worked with the organization in "good faith." He expressed concern the project disturbs too large an area of wetlands (approximately 440 acres) in lieu of the proposed compensation. He recommended reducing the development footprint and increasing densities. There is an over reliance on mitigation and wetland enhancement (850 wetlands preserve, 440 acres destroyed and 360 acres "enhanced") as opposed to preservation. He encouraged more restoration for both upland and wetlands as opposed to enhancement. He supports the installation of culverts under Sabal Palm Road and recommends spreader swales be added on the outflows and the applicant coordinate the installations with the County and South Florida Water Management District. Nicole Johnson, Conservancy of Southwest Florida noted the organization has provided input on the proposal and supports increasing density towards the western portion ofthe property. The Conservancy is still commenting to State and Federal Agencies on the wetland disturbances on site and is concerned with ~ 4 June 1,2011 ~ the amount of disturbance. The Conservation and Coastal Management Element of the Growth Management Plan regarding wetlands may need to be re-evaluated (i.e. Policy 6.2.7) as it currently directs jurisdiction of urban wetlands to the South Florida Water Management District and US Army Corps of Engineers. It was noted the project site is identified as an "Environmentally Sensitive Area" in the proposed Watershed Management Plan (Figure 140). Discussion occurred on the concept of increasing densities on the western portion of the site to allow more preservation on the eastern portion of the site. This would need to be addressed by the Collier County Planning Commission. Chairman Hushon moved to recommend the Board of County Commissioners adopt Hacienda Lakes Growth Management Plan Amendment CP 2006-11 subject to thefollowing condition: 1. The applicant discuss with the Collier County Planning Commission, the concept of allowing a greater density than the proposed 2.8 dwelling units per acre for the purpose of protecting more of the Sending Lands located in the eastern portion of the project. Without a second, the motion was not considered. ~ Mr. Dickman moved to recommend the Board of County Commissioners adopt Hacienda Lakes Growth Management Plan Amendment CP 2006-11. Second by Mr. SorrelL Carried unanimously 5 - O. Chairman Hushon moved to recommend the Board of County Commissioners approve Hacienda Lakes Hacienda Lakes Development of Regional Impact DRl-2006-AR-10147 subject to thefollowing conditions: 1. An updated listed species survey shall be submitted prior to the next Development Order. 2. The applicant coordinate installation of the Sabal Palm culvert crossings and associated spreader swales with Collier County and the South Florida Water Management District and to occur prior to thefirst preliminary acceptance. Second by Ms. Downs. Carried unanimously 5 - O. ~. Chairman Hushon moved to recommend the Board of County Commissioners approve Hacienda Lakes Planned Unit Development Rezone application PUDZ- 2006-AR-10146 subject to the following conditions: 1. An updated listed species survey shall be submitted prior to the next Development Order. 2. The applicant coordinate installation of the Sabal Palm culvert crossings and associated spreader swales with Collier County and the South Florida Water Management District and to occur prior to the first preliminary acceptance. 5 June 1,2011 Second by Mr. SorrelL Carried unanimously 5 - O. ~ VII. New Business None VIII. Old Business A. Presentation of Collier County Draft Watershed Management Plan Mac Hatcher, Sr. Environmental Specialist submitted a draft of the Watershed Management PlanlExecutive Summary and provided an overview of the Plan. Staff is looking for final recommendations from the EAC. Peter deGolian and Moris Cabezas of Atkins provided a Slideshow on the Plan which outlined the various stages involved in developing the Plan as well as a list of recommended capital projects. The Council/Staff reviewed the document "Responses to EA C Comments" which was a response to a memo submitted by Chairman Hushon to Peter deGolian, Moris Cabezas, Atkins - Mac Hatcher, Watershed Management Plan Manager, Collier County Government Members of the Environmental Advisory Committee and Members of the Collier County Planning Commission dated May 30, 2011 - Subject: "Other Regulatory Water Management Changes to Improve County Water Quality. " Robert Mulhere, Mulhere and Assoc. provided an update on the adoption and implementation schedule (not including capital projects) and costs associated with the Plan which is approximately 640 days ($147,600) without appointment ofa Transfer of Development Rights (TDC) Oversight Committee and 1000 days ($234,000) with the TDR Oversight Committee. The costs associated include "in- house" Staff costs. ~ The Council expressed concern there is not a final draft of the Plan available at this point in time (some section are not yet completed). Based on this, providing final recommendations may be premature. Mr. Hatcher requested any final comments be submitted to him for review. The Plan will not move forward through the adoption process until recommendations have been formulated by the Environmental Advisory Council (EAC). ) Chairman Hushon moved to continue the item until next months EAC meeting. Second by Ms. Downs. " Speakers Brad Cornell, Audubon of Southwest Florida noted the plan has many positive features but expressed concern the Plan does not provide enough emphasis on wetlands preservation. He recommended the County take more regulatory control of wetlands (especially in the urban area) as opposed to deferring authority to ~ 6 " June 1,2011 ..-., other Agencies (South Florida Water Management District, US Army Corps of Engineers, etc.). He will provide final comments to Staff for consideration. Nicole Johnson, Conservancy of Southwest Florida expressed concern the implementation aspects of the plan are concept oriented as opposed to specifics. It will be critical to ensure the BCC understands the importance of providing funding to implement the Plan. The Conservancy has provided comments on the Plan to Staff and Council via a CD. The Conservancy wants to ensure any claims, statements, etc. are a based on scientific facts. Motion to continue the item carried unanimously 5 - o. B. Update members on projects Summer Araque Brown, Sr. Environmental Specialist reported the Board of County Commissioners reviewed the Immokalee Area Master Plan on May 24, 2011. The item was continued. a. Gordon River Greenway project - Update The Collier County Planning Commission (CCPC) will be reviewing the Gordon River Greenway application on June 2, 2011. ~, Ms. Downs moved to authorize Chairman Hushon to address the CCPC on behalf of the Environmental Advisory Council on the Gordon River Greenway application. Second by Mr. Bishof. Motion carried 4 'yes-1 "no." Mr. Sorrell voted "no. " Mr. Sorrell voted "no" as it is unclear on the exact content of the comments. Mr. Dickman noted he may attend the meeting to provide personal comments. IX. Subcommittee Reports None X. Council Member Comments XI. Staff Comments Mac Hatcher reported it his understanding local jurisdictions will not be permitted to regulate the sale of fertilizers after July 1, 2011. The Statewide Model Fertilizer Ordinance was not revised under the most recent Legislative Session. A. Discussion of Digital packets Summer Brown Araque reported Staff is investigating the feasibility of providing meeting packets in a digital format with the basic application documents being provided in paper form as well. ~ 7 June 1,2011 ~ XII. 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 1:07 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL ~a1u~ h . rman, Dr. Judith Hushon These Minutes were approved by the Board/Chairmau on Go ~ ~ / I as presented , or as amended ..,.......--. ,--- r" 8