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EAC Minutes 01/05/2011 Fiala `'� ✓ 3 V 3 B V Henningller Y ,2 Coyle 164B 10 FEB (J 201 HiColetta ✓ MIRTITES"OF'THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, January 5, 2011 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: CHAIRMAN: Dr. Judith Hushon VICE CHAIRMAN: Andrew Dickman Michael Sorrell David Bishof Gina Downs ALSO PRESENT: Steve Williams, Assistant County Attorney Stephen Lenberger, Sr. Environmental Specialist Mac Hatcher, Sr. Environmental Specialist Carolina Valera, Principal Planner Misc.Caries: Date: D3In / l 1 Rent 110'1(0u Copies to: 16I B1Ory anua 011 I. Call to Order Chairman Hushon called the meeting to order at 9:02AM. II. Roll Call Roll call was taken and a quorum was established. Gina Downs was welcomed as a new member of the Environmental Advisory Council (EAC). III. Approval of Agenda Mr. Sorrell moved to approve the Agenda subject to the following addition: • Item VIII.0—Fertilizer Ordinance Presentation—Conservancy of Southwest Florida • Item VIII. C to be heard as item VIII.D Second by Mr. Dickman. Carried unanimously 5-0. IV. Approval of the October December 1,2010 meeting minutes Mr. Bishof moved to approve the minutes of the December 1, 2010 meeting subject to the following change: • Page 1 (Headsheet)—from"Roy" Smith to "Ray" Smith Second by Mr. Dickman. Carried unanimously 5-0. V. Upcoming Environmental Advisory Council Absences Chairman Hushon will not be present for the February meeting. VI. Land Use Petitions None VII. New Business None VIII. Old Business A. Immokalee Area Master Plan GMP Amendment—Adoption Staff presented the document"Immokalee Area Master Plan (LAMP), Growth Management Plan (GMP)Amendments, Petition CP-2008-5, Environmental Advisory Commission (Council), " dated January 5, 2011. The purpose of the item is to provide a recommendation to the BCC on the adoption of the Plan. Robert Mulhere, Mulhere and Assoc. presented the IAMP noting the following: • On January 6, 2010, the IAMP was reviewed by the EAC and the Council recommended the Board of County Commissioners (BCC) transmit the proposed Plan (with conditions) to the Florida Department of Community Affairs (DCA) for comment. • The Collier County Planning Commission(CCPC) also reviewed the IAMP and recommended the BCC transmit it (with conditions)to the DCA for comment. y): The BCC approved the IAMP for transmittal (with conditions)to the DCA on June 23, 2010. 2 16 I I B10 January 5, 2011 • The DCA reviewed the document and provided an Objection, Recommendation and Comments (ORC) Report to the County. • Upon conversations with representatives of the DCA, County Staff and Consultants addressed the concerns outlined by the DCA. He provided an overview of the EAC Staff Report titled"Growth Management Division—Hearing Date January 5, 2011 —Re: Petition CP-2008-5, Immokalee Area Master Plan Growth Management Plan Amendment (Adoption Hearing) — Coordinator Carolina Valera. " He noted the Report included the conditions recommended by the EAC, CCPC and BCC (as applicable to the EAC) in the BCC's original transmittal of the Plan to the DCA. Consultant/Council/Staff discussion occurred on the following issues: 1. Policy 5.1.2: Lake Trafford Development—the feasibility on establishing geographic parameters for the implementation of the "Best Management Practices" (BMP) required for minimizing negative impacts on the lakes water quality. The EAC determined the Policy should identify the Lake Trafford Drainage Basin as the geographic area intended for implementation of the BMP cited in the Policy. 2. The previous recommendation of the EAC to "Allow any lands (meeting certain criteria) within the Lake Trafford Camp Keais Strand System (LTCKSS) to qualify for density and density blending(including properties which are contiguous to Lake Trafford/Camp Keais Strand, which straddle the Immokalee Urban Area and the Rural Lands Stewardship Area Overlay (RLSA)). " The CCPC recommended the provision not be included as it was not supported by a sufficient data analysis to assess the impact shifting the density could have on the RLSA program. A data analysis was subsequently prepared and the BCC opted to include the provision in the IAMP. Speaker Tim Durham,Wilson Miller Stantec,Inc. addressed the EAC noting the data analysis determined only 1 property owner(Williams Farm) would be affected by the provision. It would not have a major impact on the RLSA program (732 acres of developable land were identified to qualify for the provision). 3. The merits of the Staff recommendation of a 60 percent native vegetation requirement for lands in the LTCKSS. Speakers Nicole Ryan, Conservancy of Southwest Florida addressed the Council noting they support the density blending provision proposed by the BCC. They are concerned with the Staff recommendation for the proposed native preservation standards for the LTCKSS. The proposed standards reference the requirements of 3 1611 B 10 i January 5, 2011 Policy 6.1.2.b of the Conservation and Coastal Management Element (CCME) of the GMP. Policy 6.1.2.b outlines standards in the Rural Fringe Mixed Use District for Receiving lands,Neutral Lands, Sending Lands and NRPA Sending lands. Staff recommends utilizing the neutral lands standards (60 percent). The area is comprised environmentally sensitive lands. Until the necessary environmental analysis is completed on the area,the Conservancy recommends establishing a higher threshold standard of 80 or 90 percent. Marvin Courtright, Collier County Resident noted when the Airport property was transferred to Collier County in 1948, there were two conditions: 1) Maintain aviation and; 2) Make it available to aviation enthusiasts. He expressed concern the proposed Plan and ongoing proposed re-zones of the Immokalee Airport property threaten the on-going operations of the Airport. Any rezoning and industrial development should occur outside the confines of the Airport property. Carolina Valera noted there are no proposals in the IAMP for specific zoning changes of the Airport property. Robert Mulhere recommended the concerns be directed toward the Airport's Planned Unit Development application. In addition, Mr. Courtright contacts Chris Curry, the Executive Director of Collier County Airports, or the County Attorney's office. Break- 10:31 am Reconvened- 10:45am 4. The cones of influence for the water wells in the area and the impact any existing or proposed development may have on water quality. The EAC wants to ensure there are necessary regulations in place to protect the water quality of the wells. Mr. Mulhere noted there are existing regulations in place to protect these areas and the EAC should contact representatives from the Immokalee Sewer and Water District for a detailed explanation on the regulations. Carolina Valera noted the proposed IAMP will replace the entire goals, objectives and policies of the existing IAMP. If the proposed IAMP is approved, it will be sent to the DCA for a determination the proposed IAMP is in compliance with state law. The Future Land Use Map and CCME Sections of the Growth Management Plan will be amended following the adoption of the Plan. Staff is opposed to the density blending requirements proposed as the current data analysis for its impact on the RLSA is insufficient. 5. Section 4.7 (page 41)—paragraph 2/3 —concern the listed species identified were "limited" in species; and paragraph 2 identifies cats have been "recorded" on the "Western Boundary" and it should state the "Eastern Boundary." 4 1611 B 10 January 5, 2011 The Council recommended the following language changes to Section 4.7: • Paragraph 3, line 1 —from"Other listed species that have been observed within the Immokalee Urban Area are the bald eagle..."to "Other listed species that have been observed within the Immokalee Urban Area including but not limited to, are the bald eagle..." • Paragraph 2, line 3 - from "...the majority along the western boundary." to "...the majority along the eastern boundary." Tim Durham noted he is working with County Staff to provide all necessary data required for further analysis on the density blending policy. Chairman Hushon moved to recommend the BCC adopt the LAMP subject to the following: 1. Policy 5.1.2: Lake Trafford Development—inclusion of language at the end of the policy "The Lake Trafford Drainage Basin shall be the geographic area intended for implementation of these BMP"(or similar language). 2. To affirm the BCC decision for inclusion of language that would allow density and intensity blending for properties contiguous to Lake Trafford or Camp Keais Strand and which straddle the Immokalee Urban Area and the Rural Lands Stewardship Area Overlay (RLSA). 3. To support the Staff recommendation of a 60 percent neutral lands native preservation requirement for the CCME, (as discussed herein), with the understanding that given the ecological and/or environmental value of the lands affected, the amount of preservation required will be further evaluated and may be increased pending the results of said evaluation. Second by Mr. Dickman. Carried unanimously 5-0. B. Watershed Management Plan Update Mac Hatcher, Sr. Environmental Specialist provided an update on the status of the proposed Watershed Management Plan noting Staff is tentatively anticipating review by the EAC at their March meeting. He outlined the functional assessment completed by Consultants to determine if any additional habitat is warranted for further development restrictions. Speaker Amber Crooks, Conservancy of Southwest Florida addressed the Council noting the Conservancy has provided input to the Plan, which Staff has incorporated into it. She recommended the term"hydrologically" be amended to "ecologically" in the functional assessments. C. Fertilizer Ordinance Presentation—Conservancy of Southwest Florida Amber Crooks, Conservancy of Southwest Florida presented a Slideshow titled "An Effective and Protective Fertilizer Ordinance for Collier County. " The following was highlighted: 5 1611 B 10 • January 5, 2011 • The Florida Department of Environmental Protection(FDEP) requires jurisdictions identified as having "impaired waters"to adopt, at a minimum, the FDEP Model Fertilizer Ordinance. • Collier County has impaired waters and will be required to adopt the State Model Ordinance, or may choose to adopt an Ordinance "more stringent." • The Conservancy recommends adopting an Ordinance with more stringent standards than the "Model Ordinance and has developed a draft. • The draft ordinance will be submitted to the Council for their review. • The Ordinance will apply to fertilizer applications only, not pesticides or weed inhibitors. • The Draft Ordinance recommends the following: • Requiring phosphorous levels of fertilizers at 0 percent unless a test indicates phosphorous is required. • Utilization of Nitrogen fertilizer components with 50 percent or more of"slow release" forms of Nitrogen. • Requiring "Blackout Periods" for the fertilizer applications (June through September). • Establishing appropriate buffer zones from waterways and impervious surfaces to prevent fertilizer components from compromising water quality. • Establishing public education programs which stress proper methods for fertilizer applications (signage at local retailers, brochures, etc.). The Council recommended Staff review the City of Naples Ordinance to ensure any proposed Ordinance is similar as there are businesses providing these types of services in both jurisdictions. D. Update members on projects Staff noted the Davis Preserve PUD application was withdrawn by the Petitioner and Staff was directed to prepare a GMP Amendment. The project may be re- submitted. Chairman Hushon noted the Marselee Development re-zone application was approved by the EAC with conditions. She expressed concern the conditions as reflected in the EAC minutes were not accurately outlined in the Staff Report to the Collier County Planning Commission and wants to ensure future Staff Reports accurately reflect their conditions. IX. Subcommittee Reports None X. Council Member Comments The Council requested Staff to review the feasibility of providing LIDAR maps for proposed projects heard by the EAC. 6 1611610 January 5, 2011 XI. Staff Comments Stephen Lenberger noted there is still an EAC vacancy for an"Alternate Member." He will email the required qualifications for the member to existing Council members. Susan Mason, (formerly Sr. Environmental Specialist) has resigned her position from the County and is now employed by the Florida Department of Environmental Protection. 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 12:43 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL 2‘./ Chairman, A C'e.uy p,`e These Minutes were approved by the Board/Chairman on as presented X , or as amended 7