EAC Minutes 02/01/2012February 1, 2012
MINUTES OF THE MEETING OF THE COLLIER q;�ip�,T�II
ENVIRONMENTAL ADVISORY COUNCIB� MAk 0 y 1017
Naples, Florida, February 1, 2012 BY.
LET IT BE REMEMBERED, the Collier County Environmental Advis ry 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:
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CHAIRMAN: Dr. Judith Hushon
Hillar
Henning
VICE CHAIRMAN: Andrew Dickman
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Michael Sorrell
Coletta _ G .�'
David Bishof
Gina Downs
ALSO PRESENT: Steve Williams, Assistant County Attorney
Summer Araque, Sr. Environmental Specialist
Mac Hatcher, Sr. Environmental Specialist
Jerry Kurtz, Stormwater and Environmental Planning Manager
Stephen Lenberger, Sr. Environmental Specialist
Ray Smith, Pollution Control Director
Caroline Cilek, Sr. Planner
Fred Reischl, Sr. Planner
Chris D'Arco, Environmental Specialist Misc. Cares:
Date: S 12-2-11-2-
Item #: 1 LQ= 2 Kci a
Copies to;
February 1, 2012
I. Call to Order
Chairman Hushon called the meeting to order at 9:OOAM.
II. Roll Call
Roll call was taken and a quorum was established.
III. Approval of Agenda
Ms. Downs moved to approve the Agenda. Second by Mr. Dickman. Carried unanimously S — 0.
IV. Approval of the December 7, 2011 meeting minutes
Ms. Downs moved to approve the minutes of the December 7, 2011 meeting subject to the following
changes:
• Page 3, paragraph 4, line 1 - from "....County seeking to reduction of off..." to "...County
seeking reduction of off..."
• Page 5, paragraph 1, line 1 — from "Discussion occurred on, given the major..." to
"Discussion occurred on the concept that given the major..."
Second by Mr. Dickman. Carried unanimously 5 — 0.
V. Upcoming Environmental Advisory Council Absences
Mr. Dickman reported he may not be present for the April meeting.
VI. Land Use Petitions
A. Cultural Arts Village at Bayshore (PUDZ -PL- 2010 -592)- Section 14, Township 50 South,
Range 25 East
The presenters were sworn in
Jean Jourdan, Project Manager, Bayshore Gateway Triangle CRA provided an overview of
the project highlighting:
• The project consist of Tracts A — G and is a total of 17.89 acres in size
• It is surrounded by commercial and residential uses with Sudgen Park lying easterly of the
site.
• The applicant proposes 40 residential units, 48,575 sq. ft of commercial space and a 350
seat art theatre on site.
Paul Owen, W. Dexter Bender and Assoc., Inc. provided an overview of the environmental
aspects of the application highlighting:
• The site was previously used as a borrow area, with the borrow pits remaining as ponds.
• There are approximately 2.6 acres of wetlands on site with 0.16 acres being impacted.
• Nearly all native vegetation on site will be preserved with exotics being removed as
necessary..
A boardwalk is proposed to connect the site with Sudgen Park.
Listed species surveys identified several species of wading birds and nesting sites..
Based on comments from the Florida Fish and Wildlife Conservation Commission a
"Wading Bird Management Plan" was developed.
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February 1, 2012
• The Plan is for the birds to voluntary relocate their nesting areas easterly, away from the
proposed developed areas by enhancing habitat in various areas on site.
Council discussion occurred on:
The most optimal means to implement the Management Plan including phasing it to
minimize the impact on any birds who may utilize the area (especially on the easterly
portion of Tract A).
Given the project is in the watershed of "impaired waters" (Naples Bay, etc.), the benefits
of utilizing Low Impact Development standards for the development of the project.
The benefits of enhancing areas on the westerly side of Sudgen Park to improve
bird /wildlife habitat adjacent to the project.
Mr. Owen stated the concept for development of the site is to: Acquire the rezone permit from
the County; implement the Wading Bird Management Plan encouraging the birds to voluntary
cease usage of the existing areas slated for development and gravitate easterly to the newly
enhanced areas and submit a Site Development Plan Application where a new set of site controls
will be established. If birds are nesting in areas to be developed at the time of construction,
additional protection measures will be required at that time
The Council determined the conditions of recommended approval individually.
Chairman Hushon moved to recommend the Board of County Commissioners approve the
Petition (Cultural Arts Village at Bayshore (PUDZ -PL- 2010 -592) subject to the condition
lighting be prohibited along the proposed boardwalk. Second by Ms. Downs. Carried
unanimously 5 — 0.
Chairman Hushon moved to recommend the Board of County Commissioners approve the
Petition (Cultural Arts Village at Bayshore (PUDZ -PL- 2010 -592) subject to encouraging the
applicant to incorporate Low Impact Development standards into the design of the project
where appropriate. Second by Ms. Downs. Carried unanimously S — 0.
Chairman Hushon moved to recommend the Board of County Commissioners approve the
Petition (Cultural Arts Village at Bayshore (PUDZ -PL- 2010 -592) subject to the condition:
With respect to the easterly buffer proposed for Tract A, the exotics be treated for removal,
with the dead species remaining in place until the time when the final landscaping plantings are
placed on site.
Chairman Hushon moved to recommend the Board of County Commissioners approve the
Petition (Cultural Arts Village at Bayshore (PUDZ -PL- 2010 -592) subject to the condition the
applicant contact the Parks and Recreation Department or other appropriate County Agency to
provide an overview of the proposed project and propose the concept of the County planting the
necessary plants to improve the littoral zones of Sudgen Lake on its westerly side to improve
nesting habitat for birds. Second by Ms. Downs. Carried unanimously S — 0.
Ms. Downs moved to recommend the Board of County Commissioners approve the Petition
(Cultural Arts Village at Bayshore (PUDZ -PL- 2010 -592) subject to the condition that on site
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February 1, 2012
herbicide applications occur only during the dry months. Second by Mr. Sorrell. Carried
unanimously 5 — 0.
Ms. Downs moved to recommend the Board of County Commissioners approve the Petition
(Cultural Arts Village at Bayshore (PUDZ -PL- 2010 -592) subject to the condition that all
required monitoring reports be submitted for a period of 5 years following the completion of
construction. Second by Mr. Sorrell. Carried unanimously S — 0.
Break.- 10:42 am
Reconvened: 10:55 am
VII. Old Business
A. Watershed Management Plan Update — Mac Hatcher
Mac Hatcher, Sr. Environmental Specialist provided a memorandum to the Environmental
Advisory Council dated January 24, 2012 - Subject: "Watershed Management Plan
Implementation Strategy" for information purposes. He presented the Slideshow "EAC
Watershed Management Plan Implementation Strategy 21112012" outlining the schedule for
implementation of the Watershed Management Plan.
The Council recommended Staff develops a strategy to notify Homeowner /Condominium
Associations and firms who prepare Reserve Funding Studies for said Associations on the
importance of maintaining their stormwater retention ponds and to plan for the costs which
may be associated with these activities
B. Update members on projects
Summer Araque reported the Gordon River Greenway Special Treatment Zone Application was
recommended for approval by the Collier County Planning Commission (CCPC). The Lost
Groves Mine Excavation Permit Application will be heard on February 16, 2012 by the CCPC.
The regular EAC meeting for the month of July will be held on Tuesday, the 3rd of July.
VIII. New Business
A. LDC Amendments — Review by EAC
Caroline Cilek, and Fred Reischl, Sr. Planners presented the "2012 Cycle 1 Environmental
Advisory Council Review LDC Amendment Drafts 1/1712012" for consideration.
4.05.04 - Parking Space Requirements grass parking
Tony Ruberto, Parks and Recreation Department presented the proposed Amendment.
LDC SECTION(S): 4.05.04 Parking Space Requirements
CHANGE: Exempt Public Parks of the requirement of a maximum of 15% grass parking
Ms. Downs moved to recommend the following change to the proposed Amendment and that it
be returned to the EAC for final review:
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February 1, 2012
• Section 4.05.04.D.2 line 2 —from "...a maximum of fifty percent (50 %) of the required..."
to "...a maximum of eighty percent (80%) of the required..."
Second by Mr. Bishof. Carried unanimously S — 0.
Mr. Sorrell moved to recommend the following change to the proposed Amendment:
• Section 4.05.04.D.1 to read — "Developers providing parking lots in excess of 200 parking
spaces may surface up to forty (40 %) percent of the required off street parking spaces in
grass. Said grass parking spaces shall be located in a suitable on site location."
Second by Chairman Hushon. Carried unanimously 5 -0.
The Council requested Staff to define "similar community uses " as identified in Section
4.05.04. D. 3
Caroline Cilek reported the proposed Amendment will be returned for review at a future date.
4.07.02 - Design Standards for PUD usable open space
LDC SECTION(S):
4.07.02 Design Standards for Planned Unit Developments
4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts
CHANGE: Currently, the LDC requires that a Residential Planned Unit Development (RPUD)
and the Base zoning districts contain a minimum of 60 percent usable open space.
Caroline Cilek reported the proposed Amendment will be returned for review at a future date.
3.05.07.H.1.e - Preservation Standards Archeological Site coverage
Stephen Lenberger presented the proposed Amendment.
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: Allow archaeological or historical sites to be counted towards the minimum
native vegetation retention requirement for the County.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
proposed Amendment. Second by Mr. Dickman. Carried unanimously S -0.
3.05.07.H. 1. g - Preservation Standards removal of exotic
Stephen Lenberger presented the proposed Amendment.
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: Allow removal of exotic vegetation to count towards mitigation for impacts to
jurisdictional wetlands within the Rural Fringe Mixed Use District (RFMUD).
February 1, 2012
The Council discussed the merits of the proposal expressing concern the applicant receives a
density bonus under current regulations for removing the exotics and allowing them to utilize the
practice for mitigation as well may constitute a "double dipping" of benefits.
Speakers
Jeremy French, Conservancy of Southwest Florida expressed concern on the proposal and
agreed the concept promotes "double dipping" of benefits. The issue has not been thoroughly
investigated to determine any net losses in County wetlands and recommends it be returned in a
different Amendment Cycle after further review.
Brad Cornell, Collier County Audubon Society expressed concern the overall concept as
studies indicate exotic invaded wetland values are under estimated and the value of clearing of
exotics in wetlands is over estimated. He will forward these studies to County Staff. Exotic
removal should be considered a land management tool as opposed to a mitigation tool. He
recommends the proposed Amendment not be adopted.
Caroline Cilek reported the proposed Amendment will be returned for review at a future date.
3.05.02.E & 3.05.05 Exemptions from Requirements for Vegetation Mangrove Permit
Stephen Lenberger presented the proposed Amendment
LDC SECTION(S):
3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation
3.05.05 Criteria for Removal of Protected Vegetation
CHANGE: Revised exemption and permitting requirements for mangroves, for consistency with
State law.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Sorrell. Carried unanimously S — 0.
3.05.02.G - Exemptions from Requirements create an exemption removal permits
Stephen Lenberger presented the proposed Amendment
LDC SECTION(S): 3.05.02 Exemptions from Requirements for Vegetation Protection and
Preservation
CHANGE: Create an exemption from having to obtain vegetation removal permits for
environmental restoration projects on publically owned land.
Staff is considering adding language on making the requirement subject to areas subject to
"approved management plans."
Caroline Cilek reported the proposed Amendment will be returned for review at a future date.
rel
February 1, 2012
3.05.05 - Criteria for Removal of Protected Vegetation 4 06 04 Trees Vegetation
Protection - 10 0102 Development Orders Requirements
Stephen Lenberger presented the proposed Amendment
LDC SECTION(S):
3.05.02 G Exemptions from Requirements for Vegetation Protection and Preservation
3.05.05 Criteria for Removal of Protected Vegetation
4.06.04 Trees and Vegetation Protection
10.01.02 Development Orders Required
CHANGE: Restructuring of 4.06.04 for clarification
Changes to re- vegetation requirements
Allow Site Improvement Plans (SIPS) to qualify for Early Clearing, and Vegetation Removal and
Site Filling.
Remove 50 acre per application restriction on lot preparation.
Eliminate requirements for removal of stockpiles after 18 months.
Change bond amounts for Early Work Authorizations (EWA)
Allow more time to obtain approval of an SDP, SIP or PPL, once the EWA is issued. Also allow
applicants to request another EWA if more time is needed.
Corrections /revisions to LDC citations and scrivener's errors
Amend related sections as needed
Add exclusion for Golden Gate Estates subdivision
Caroline Cilek reported the proposed Amendment will be returned for review at a future date.
Staff is reviewing the definition of "stockpiles" and the "standards required for re- vegetation."
10.2.06.E - Submittal Requirements for Permits Enforcement and Penalties
Stephen Lenberger presented the proposed Amendment
LDC SECTION(S): 10.02.06 Submittal Requirements for Permits
CHANGE: Update and identify minimum requirements for replacement of vegetation which has
been cleared illegally. Cross reference applicable sections of LDC for minimum standards to
apply.
Add requirement for a time zero monitoring report. Give respondents the option of submitting first
and second year follow -up monitoring reports to document condition and survivability of
mitigation plantings. The LDC currently requires a minimum of two follow -up monitoring reports,
submitted at one -year intervals.
Grammatical and other corrections
Ms. Downs expressed concern on creating a potential burden for existing homeowners as there is
no "grandfathering clause" for circumstances where the actions were not environmentally
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February 1, 2012
detrimental and the result of the actions taken by a previous owner(s) or the result of storm
damage unbeknownst to the existing owner.
Steve Lenberger reported storm damage is not considered a violation.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Bishof. Motion carried 4 "yes" — I "no. " Ms. Downs
voted "no."
3.05.02.D - Exemptions from Requirements Native Vegetation Exception scriveners error
Stephen Lenberger presented the proposed Amendment
LDC SECTION(S): 3.05.02 Exemptions from Requirements of Vegetation Protection and
Preservation
CHANGE: Correct scriveners' error in 3.05.02 D.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed Second by Mr. Sorrell. Carried unanimously S — 0.
10.02.06.D - Submittal Requirements for Permits Agricultural Clearing
Stephen Lenberger presented the proposed Amendment
LDC SECTION(S): 10.02.06 Submittal Requirements for Permits
CHANGE: Correct scriveners' error in 10. 02.06 D.1
Remove incorrect citations
Grammatical and other corrections
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Sorrell. Carried unanimously 5 — 0.
9.04.08 - Administrative Adjustment new process DSAC
Caroline Cilek reported the proposed Amendment will be returned for review at a future date.
LDC SECTION(S): 9.04.08 Administrative Adjustment
CHANGE: The LDC provides several forms of relief and flexibility for dimensional, technical
and land related hardships. Variances, defined in Section 9.04.03, provide relief for a non self -
imposed land related hardships. Administrative variances, Section 9.04.04, are limited to "minor
after - the -fact yard encroachments for structures, including principal and accessory structures."
Both residential and non - residential structure encroachments may be approved.
February 1, 2012
Speaker
Jeremy French, Conservancy of Southwest Florida reported they have been provided input to
Staff on the proposed Amendment.
Break: 1: 24 pm
Reconvened: 2:03 pm
Ray Smith, Pollution Control Department presented the proposed Amendments
The Amendments presented by Mr. Smith were all recommended for approval in one motion at the
end of the presentation however, have been listed individually for clarification purposes.
3.06.06.A - Regulated Wellfields City of Naples East Golden Gate
LDC SECTION(S): 3.06.06 Regulated Wellfields
CHANGE: Replace the existing Illustration 3.06.06 A. with the proposed update of the City of
Naples East Golden Gate Well Field Illustration.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Sorrell. Carried unanimously S — 0.
3.06.06.13 - Regulated Wellfields City of Naples Coastal Ridjje
LDC SECTION(S): 3.06.06 Regulated Wellfields
CHANGE: Replace the existing Illustration 3.06.06 B. with the proposed update of the City of
Naples Coastal Ridge Well Field Illustration.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed Second by Mr. Sorrell. Carried unanimously S — 0.
3.06.06.0 - Regulated Wellfields Collier Co Utilities Golden Gate
LDC SECTION(S): 3.06.06 Regulated Wellfields
CHANGE: Replace the existing Illustration 3.06.06 C. with the proposed update of the Collier
County Utilities Golden Gate Well Field Illustration.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Sorrell. Carried unanimously 5 — 0.
3.06.06. D - Regulated Wellfields Everjjlades City
LDC SECTION(S): 3.06.06 Regulated Wellfields
E
February 1, 2012
CHANGE: Replace the existing Illustration 3.06.06 D. with the proposed update of the Everglade
City Well Field Illustration.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed Second by Mr. Sorrell. Carried unanimously 5 — 0.
3.06.06.E - Regulated Wellfields FGUA Golden Gate City
LDC SECTION(S): 3.06.06 Regulated Wellfields
CHANGE: Replace the existing Illustration 3.06.06 E. with the proposed update of the FGUA
Golden Gate City Well Field Illustration.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Sorrell. Carried unanimously 5— 0.
3.06.06.F - Regulated Wellfields Orange Tree
LDC SECTION(S): 3.06.06 Regulated Wellfields
CHANGE: Replace the existing Illustration 3.06.06 F. with the proposed update of the Orange
Tree Well Field Illustration.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Sorrell. Carried unanimously S — 0.
3.06.06.G - Regulated Wellfields Immokalee
LDC SECTION(S): 3.06.06 Regulated Wellfields
CHANGE: Replace the existing Illustration 3.06.06 G. with the proposed update of the
Immokalee Well Field Illustration.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Sorrell. Carried unanimously 5 — 0.
3.06.06.H - Regulated Wellfields Ave Maria Utility Company
LDC SECTION(S): 3.06.06 Regulated Wellfields
CHANGE: Replace the existing Illustration 3.06.06 H. with the proposed update of the Ave Maria
Utility Company Well Field Illustration.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Sorrell. Carried unanimously S — 0.
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February 1, 2012
3.06.06.I - Regulated Wellfields add Port of the Islands
LDC SECTION(S): 3.06.06 Regulated Wellfields
CHANGE: Add Port of the Islands Wellfield
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed Second by Mr. Sorrell. Carried unanimously S — 0.
3.06.06.I - Regulated Wellfields Port of the Islands
LDC SECTION(S): 3.06.06 Regulated Wellfields
CHANGE: Add the proposed Port for the Islands Well Field Illustration 3.06.06 I. with the
proposed update of the City of Naples East Golden Gate Well Field Illustration.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed Second by Mr. Sorrell. Carried unanimously S — 0.
3.06.07 - Unreaulated Wellfields remove
LDC SECTION(S): 3.06.07 Unregulated Wellfields
CHANGE: To remove the reference that states "Wellfield risk management special treatment
overlay zones, as defined in section 3.06.03 and the criteria specified in 3.06.12 shall not be
applied to Port of the Islands Wellfield.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Sorrell. Carried unanimously S — 0.
3.06.12 - Regulated Development Scrivener error
LDC SECTION(S): 3.06.12 Regulated Development
CHANGE: Removal of a comma that is a Scrivener's error.
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed. Second by Mr. Sorrell. Carried unanimously 5 — 0.
1.08.02 - Definition of Hazardous Product Waste
LDC SECTION(S): Section 1.08.02 Definitions
CHANGE: To add regulatory consistency to the definition of a "Hazardous Product or Waste."
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February 1, 2012
Chairman Hushon moved to recommend the Board of County Commissioners adopt the
Amendment as proposed Second by Mr. Sorrell. Carried unanimously S — 0.
9 04 08 Administrative Adjustment new process DSAC
LDC SECTION(S): 9.04.08 Administrative Adjustment
CHANGE: The LDC provides several forms of relief and flexibility for dimensional, technical
and land related hardships. Variances, defined in Section 9.04.03, provide relief for a non self -
imposed land related hardships. Administrative variances, Section 9.04.04, are limited to "minor
after - the -fact yard encroachments for structures, including principal and accessory structures."
Both residential and non - residential structure encroachments may be approved.
Caroline Cilek reported the proposed Amendment will be returned for review at a future date.
5.03.06 - Dock Facilities new administrative process
LDC SECTION(S): 5.03.06 Dock Facilities
CHANGE: Currently, all boat dock extensions are reviewed by the Collier County Planning
Commission. To approve the boat dock extension, the Planning Commission must find that 4 of 5
primary criteria (Sec. 5.03.06 H) are met and that 4 of 6 secondary criteria are met. The LDC does
not state whether the Planning Commission may examine criteria beyond the state
Caroline Cilek reported the proposed Amendment will be returned for review at a future date.
IX. Council Member Comments
None
X. Staff Comments
None
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 3:05 PM.
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL
12
February 1, 2012
h rman, Dr. Judith Hushon
These Minutes were approved by the Board/Chairman on 7 Z-
as presented / , or as amended
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