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EAC Minutes 04/04/2012p �G�IIC�I� April O ri14 2012 d� 1012 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, April 4, 2012 LET IT BE REMEMBERED, 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 Administrative Building "F," 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: Dr. Judith Hushon Fiala VICE CHAIRMAN: Andrew Dickman (Excused) Hiller Michael V. Sorrell Henning Coyle David Bishof Coletta— Gina Downs Gary McNally (Alternate) ALSO PRESENT: Steve Williams, Assistant County Attorney Summer Araque, Sr. Environmentalist Specialist Stephen Lenberger, Sr. Environmental Specialist Jerry Kurtz, Stormwater and Environmental Planning Manager Fred Reischl, Sr. Planner Caroline Cilek, Sr. Planner Misc. Comes: Date:--, I�- '-+112 Item : `R z. 2aA t 1 Copies to: April 4, 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. Bishof. Carried unanimously 5-0. IV. Approval of the March 7, 2012 meeting minutes Ms. Downs moved to approve the minutes of the March 7, 2012 meeting subject to the following changes: • Page 3, paragraph 4, line 2 — from "...for impact to...." to "...for impacts to..." • Page 3, paragraph 6, line 5 — from "...available science that still exists today." to "...available science at that time. " • Page 4, paragraph 5, line 1 — from "...create a disincentives...." To "...create disincentives... " • Page 4, paragraph 5, line 4 f- from "... large amounts of exotics..." to "...concentrations of exotics..." Second by Mr. Sorrell. Carried unanimously 5-0. V. Upcoming Environmental Advisory Council Absences Mr. Sorrell reported he may be absent for the July meeting. VI. Land Use Petitions None VII. New Business None VIII. Old Business A. Surface Water Management Business Plan update — Jerry Kurtz Jerry Kurtz provided a Memorandum to the Environmental Advisory Council dated March 21, 2012 - Subject: "Surface Water Management Business Plan Project Prioritization " for information purposes. He provided an overview of the memo which outlines the status of capital projects to be completed on the basis of prioritization. The following meetings are scheduled for members of the public to provide input on the concept: April 17, 2012 — S - 7pm — Rookery Bay Environmental Center April 30, 2012 — S — 7pm — St. Johns, The Evangelist Catholic Church He requested the Council to endorse the list as proposed by Staff. 2 April 4, 2012 Ms. Downs moved to endorse Staffs proposed prioritization list as presented. Second by Mr. McNally. Carried unanimously 5 — 0. Break: 9: 48am Reconvened 9:53am B. LDC Amendments — Review by EAC Caroline Cilek provided the document "LDC Amendment 2012 Cycle 1: Amendments for EAC Review and Recommendations — Wednesday, April 4, 2012 — EAC Meeting" for consideration. The following Amendments were brought forth for review. 3.08.02 Definitions, - Usable open space, 4.012.01 Dimensional Standards for Principle Uses in Base Zoning Districts, and 4.07.02 Design Standards for PUD usable open space. Caroline Cilek presented the proposed Amendment last revised March 20, 2012. She noted it was previously recommended for adoption by the EAC, however it has been further revised. LDC SECTION(S): 1.08.02 Definitions 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts 4.07.02 Design Standards for Planned Unit Developments CHANGE: To amend Section 1.08.02 to include "required yard" in the usable open space definition. Discussion occurred on Section 1.08.02 and the rationale for allowing areas in street rights of ways dedicated for public uses being defined as usable open. Ms. Downs moved to recommend striking the language of Section 1. 08.02 — Definitions, line 19 "except where dedicated or donated for public uses." Second by Mr. Sorrell. Carried unanimously 5 — 0. Mn Sorrell moved to recommend the Board of County Commissioners adopt the proposed Amendment subject to the above recommendation. Second by Mr. Bishof. Carried unanimously 5 — 0. 4.02.14.1) and 9.04.02111— ACSC -ST (03912 — SLl Steve Lenberger presented the proposed Amendment last revised March 19, 2012. LDC SECTIONS: 4.02.14 Design Standards for Development in the ST and ACSC -ST Districts 9.04.02 Types of Variances Authorized April 4, 2012 CHANGE: Clearly identify in 4.02.14, the requirements which apply to the Special Treatment (ST) Overlay District and those which only apply to the Big Cypress Area of Critical State Concern Special Treatment (ACSC -ST) Overlay District. Speaker Tim Hall, Turrell, Hall and Associates expressed concern on Section 4.02.C.4 which includes "all wetland plants listed by the Florida DEP in the Florida Administrative Code." This would prevent any alterations to wetlands and defeat the purpose of the proposed Amendment. He recommended Section 28- 25.006(4) of the Florida Administrative Code be cited. In addition, Section 4.02.14.C. I LH of the proposed Amendment provide for exceptions for properties owned/operated, etc. by Collier County Parks and Recreation and/or the Florida Division of Recreation and Parks. Ms. Downs expressed concern the proposed amendment continues a trend of the County moving toward administrative approvals of applications, eliminating the requirement of public review in certain cases. If the County's purpose is to reduce time for processing applications and permit fees required of applicants, they should address this issue directly. Discussion occurred on the recommendation by Mr. Hall noting it is not the County's intent to eliminate all wetland alterations for the development applications in question. Ms. Downs moved to recommend the Board of County Commissioners adopt the proposed Amendment subject to the striking of Section 4.02.14.C.II.H addressing "Exceptions for Public Hearing Requirements." If the fees and the processing of these variances are a burden on Staff, the County should review the processes and address the concern. Second by Mr. Sorrell. Motion carried 4 "yes " — I "no." Chairman Hushon voted "no." Chairman Hushon indicated her no vote was predicated on the concept Section 4.02.14. C.11.Hshould remain, however be limited to properties 5 acres or less in size. Chairman Hushon moved to recommend the Board of County Commissioners adopt the proposed Amendment subject to: 1. Section 4.02.14. C.II.H "Exceptions for Public Hearing Requirements" be applicable to home site parcels 5 acres in size or less. 2. Section 4.02.14. C. H.H. 1.c to read "No pollutants will be discharged from the area that will further degrade the air, water or soil." 3. Section 4.02. C.4 read "No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include the plants listed in Section 28- 25.006(4) of the Florida Administrative Code and the following species: Shore grass — Monanthochloe littoralis, Buttonwood — Conocarpus erectus and Saltmarsh fringe rush - Fimbristylis spadicea Second by Ms. Downs. Carried unanimously 5 — 0. Chairman Hushon stated the above action supersedes the previous action. 4 April 4, 2012 9.04.08 Administrative Adjustment — new process Caroline Cilek presented the proposed Amendment last revised March 8, 2012. 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. Planned Unit Developments (PUDs) provide for the greatest flexibility and allow developers to define the standards within the development. The Code also offers alternatives for landscape plans, architectural and parking standards. These applications are processed administratively and can be applied for during a site plan submission. Speaker Jeremy Frantz, Conservancy of Southwest Florida expressed concern the proposed Amendment does not provide criteria for the adjustments to the Preserve boundaries. Clarity should be provided if the proposal is for a Planned Unit Development (PUD) wide adjustment or individual lots. di) Ms. Downs moved to recommend the Board of County Commissioneaaal�ot dopt the proposed Amendment subject to the following that Section 9.04.08B.I.b apply by lot basis, not the entire Planned Unit Development. Second by Mr. McNally. Council discussion occurred on the ramifications of the motion and whether the Amendment should be applicable to an original site development plan for a Planned Unit Development (i.e. requiring an average preserve setback dimension or establishing dimension reduction criteria, etc. at the time the PUD is originally proposed). The motion was withdrawn. Chairman Hushon moved to recommend the Board of County Commissioners adopt the proposed Amendment subject to the following: Section 9.04.08B.I.b to read "A reduction of a preserve setback, up to 25 percent, but no greater than S feet for a principal structure on a single family lot only; no reductions allowed for secondary structures. Adjustments greater than 12 inches shall be due to the irregular shape of a parcel, lot or preserve." Second by Mr. Bishof. Steve Williams, Assistant County Attorney stated the proposed Amendment is intended to streamline a policy for cases involving minor adjustments for individual building permits, or minor incursions by a landowner into an existing preserve buffer. The motion was withdrawn. 5 April 4, 2012 Chairman Hushon moved to recommend the Board of County Commissioners adopt the proposed Amendment as proposed Second by Ms. Downs. Carried unanimously S — 0.. 10.01.02 Development Orders Required Early Construction Authorization Caroline Cilek presented the proposed Amendment last revised March 28, 2012 LDC SECTION(S): 10.0 1.02 Development Orders Required CHANGE: To include an Early Construction Authorization (ECA) provision within the LDC. This would allow limited building construction to occur prior to an approved site development plan (SDP), site development plan amendment (SDPA) or site improvement plan (SIP) in certain situations and at the owner's risk. Ms. Downs moved to recommend the Board of County Commissioners approve the proposed Amendment as presented. Second by Mr. Sorrell. Carried unanimously S — 0. C. Update members on project Summer Araque reported: • The Collier County Planning Commission recommended the Board of County Commissioners deny the Lost Groves Mine application. • Sabal Bay was approved by the Board of County Commissioners. IX. Subcommittee Reports None X. Council Member Comments Chairman Hushon reported an Administrative Law Judge has upheld Lee County's March 2010 amendments to their Density Reduction/Groundwater Resource Area and that they complied with the state's Local Government Comprehensive Planning and Land Development Act. Ms. Downs noted the recent application for Lost Grove Mines brought to light conflicts between some Collier County and Lee County land use regulations. She recommends the Council conduct a review of adjacent Counties Growth Management Plans and/or Land Development Codes so they are more aware of how the Counties are administering land use controls. The Council determined to conduct Growth Management Plan reviews of area Counties. Members were assigned the following for review: Chairman Hushon — Glades County /Hendry County Mr. Dickman — Miami - Dade /Broward County Ms. Downs —Lee County Mr. McNally —Sarasota County Mr. Bishof —Monroe County April 4, 2012 Mr. Sorrell reported he supports the concept, but currently has a time constraint due to his seasonal business. XI. Staff Comments Ms. Araque requested Council members to review their County emails on a weekly basis. 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 11:49 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL C�►airman, Dr. Judith Hushon These Minutes were approved by the Board /Chairman on --2-0 9-10 as presented , or as amended y .