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EAC Minutes 08/17/1988 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE : August 17, 1988 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT CARDILLO X EDWARDS X BELOW X BURCH X BENEDICT X KURGIS X SNYDER X MINUTES BY: Dalila Mendez, Deputy Clerk p"'• CALLED TO ORDER AT: 8 : 50 A.M. ADJOURNED: 11 : 30 A.M. PRESIDING : John P. Cardillo, Chairman ADDENDA TO THE AGENDA: 1 . Item added by Dr . Benedict re lot clearing changes. Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA August 17, 1988 8 :45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PETITIONS ADMINISTRATIVELY APPROVED BY NRMD V. OLD BUSINESS A. PU-88-5C: Mr. Richard B. Kepley of Shelter Island Joint Venture, representing, Bernard C. Johnson, Trustee; requesting a provisional use "b & e" of RT for a restaurant and marina. (Continued from 8/3/88) B. R-88-6C: Alan D. Reynolds, AICP of Wilson, Miller, Barton, Soll & Peek, Inc. , representing Manufactured Housing Associates, Inc. ; requesting a zoning change from A-2 & A-2 "ST" to PUD - Naples Golf Estates. (Continued from 8/3/88) VI . PUBLIC HEARINGS i A. R-88-1C : Alan D. Reynolds, AICP of Wilson, Miller, Barton, Soll & Peek, Inc. , representing Collier Development Corporation; requesting a zoning change from A-1 MH to PUD. B. R-88-13C/SMP-88-2C: William C. McAnly, P .E. of William C. McAnly & Associates P.A. , representing Anton Steiner; requesting a zoning change A-2 to RSF-3 (Windsor Park) . +� VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify the Natural Resources Management Department (774-8454) later than 5 P.M. on Monday, August 15 , 1988, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. Please refer to notice on first floor, Building F, for the location cf the E.A.C. meeting. C. Items added after agenda was sent out. D. No action since last Council meeting. E. On January 7 , 1987 the E.A.C. adopted a policy that any person addressing the E.A.C. on behalf of any organization must present a letter from said organization acknowledging them as a representative empowered to make policy related comments on that subject. ************************************************************* 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 THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** *********** ********** ************************************************************* ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 ITEM: Minutes of August 3, 1988 MOTION: Made by Mr. Below to approve the minutes of August 3, 1988, as amended. Seconded by Ms. Kurgis. Carried 4/0. 1 . Page 1 , "Chairman" was amended to read "Vice-Chairman" . 2 . Page 2 , under "Comments" , 2nd paragraph, the words "in the" were amended to read "adjacent to the 3 . Page 3 , 3rd paragraph, 2nd sentence, the words "nesting are located " amended to read: "nests are not located " 4 . Page 5, under "Comments" , last sentence, "1 . 3 per acre" , amended to read "1 . 3 units per acre " and under "Motion" the words "Carried 4/0" were added. 5 . Page 6, 2nd paragraph, amended to read "Mr . Link advised that an FPL line that crosses "� the property, etc. , and the word "western" was added before "cypress wetland areas" . 6. Page 6, 3rd paragraph, 11th sentence the words "to do so" were added after the word "because" " Also, 13th sentence, was amended to read "commercial site" . 7 . Page 8 , 2nd paragraph, 3rd sentence, the word "lakes" was added after the words water management" . 8 . Page 10, 2nd paragraph, "Dr. Proffitt" the words "an audience member" were added. . . " 9 . Page 12 , "Chairman" was amended to read "Vice-Chairman" . 10 . Reference to Mr. Snyder should be changed to Dr. Snyder . ***** Mr. Cardillo came in at this time Page 2 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 sssss PETITION NO. : PU-88-5C FILED BY/FOR: Richard B. Kepley of Shelter Island Joint Venture, representing Bernard C . Johnson, Trustee, of Shelter Island Trust (Continued from 8/3/88) . REQUESTING: A provisional use "b" & "e" of RT for a restaurant and marina located on the western most half of an island situated in the Cocohatchee River just east of Wiggins Pass. COMMENTS: Mr . Edwards stated that following the direction of the Committee at their meeting held on August 3 , 1988 , to design a conceptual water quality monitoring program for the above mentioned pro- ject , he has revised Stipulation #4 and has delineated the type of testing that the peti- tioner should perform in the area. He noted that this program would determine decomposition of anti-fouling paint toxins, and petroleum by-products levels in the waters. He stated that these tests would indicate if contamination of the waters would occur or would be occurring from the establishment of the marina in the area. He advised that he had specifically listed Staff ' s recommendations as to where the sampling sites should be established; methods to be utilized for paint toxins; recommendations on ways to determine levels of petroleum by- products, and steps the petitioner should follow if the water sampling showed an increase in paint toxins or petroleum by-products. Mr . Edwards further advised that Biologist Godfrey concurs with his recommendations of the water quality monitoring program. Mr . Burch advised that the Department of Environmental Regulation (DER) is in the process of determining standards that may be acceptable as levels of certain heavy metals and other toxins and sediments. He also stated that the Environmental Protection Agency (EPA) is also researching to determine acceptable levels of heavy metals. Since the proposed standards are Page 3 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 in the processing stages, he suggested that the background measurements obtained before construction be utilized for this site. DER has a publication which delineates recommendable analysis which the petitioner can use as a guideline, he added. Referring to the background measurements, Mr. Below asked if a threshold existed, to which Mr. Burch responded that he was not aware of any threshold existing. He added that if the con- centrations are exceeded from the present con- centrations, further testing on site would be recommended to the proposed five-year monitoring program. Dr. Snyder concurred with Mr. Below' s statement , and added that a reference background value per- centage should be determined. Mr. Below added that after reviewing the monitoring program, it was apparent that time schedules for when the water sampling would be performed were not indi- '"N Gated. In regard to Stipulation #4, Dr. Benedict recom- mended the following changes: Petitioner shall implement a statiscally defi- ned water quality and sediment monitoring program to determine potential water quality impacts of the project , particularly to storm water, and the levels of etc. He added the following words after the words "therefore "water quality samples taken at low slack tide shall be performed bi-monthly and sediment tests shall be performed at least once a year. He amended "Methods for water quality sampling and the methods for heavy metal , etc . " He amended the words "will be used as the reference standards" to read "if compared to initial ambient levels, water quality degrada- tion occurs or if there is a build-up of sedi- ment contaminants NRMD retains the right to require additional testing which could exceed the five year time period. He amended the second to last sentence of Stipulation #4 to Page 4 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 read "water quality degradation and metal con- tamination will be implemented" . The Committee then had a lengthy discussion about their concerns about standards for heavy metals, and sediment levels in the water . Biologist Godfrey representing the petitioner, advised that there are specific standards in the Florida Administrative Code for heavy metals. In response to Dr . Cardillo, Dr. Snyder advised that any increase in the pre-existing conditions in the heavy metals should be given serious con- sideration. Biologist Godfrey then read the definition of "natural background" , and "background" as defined in Chapter 17 . 3, of the Florida Administrative Code, regarding water quality standards. Mr. Below, however, stated that what the Committee was trying to determine was a standard which would indicate a specific proportion should there be an increase in heavy metals, and what proportion of that increase would result in action by the different agencies who have juris- diction. Mr. Cardillo referred to the definitions in the water quality regulations, and stated that out of the 25 sub-sections, statistics are indicated for three. He noted that the term for acute toxicity and chronic toxicity could probably be used as standards. Mr. Below stated that these two terms gave relative levels of toxicity. After further discussion, Dr . Benedict proposed the following addition to Stipulation #4: NRMD review and approve modified or disapprove a detailed monitoring program, prior to any pre- construction sampling. The program shall speci- fically define all procedures and standards to be used based upon existing Federal and State methods. Where such methods are not available, appropriate and defendable standards shall be proposed by the petitioner and reviewed and agreed upon by NRMD. No site construction can occur before the monitoring program is approved. Page 5 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 Environmental Science and Pollution Control Director. Lorenz, stated what has been discussed could be interpreted as an overall policy that could be developed into some statement of recom- mendation for handling future monitoring programs on proposed projects. Mr. Lorenz stated that Staff could develop appropriate methodology policy proposal for monitoring pro- jects that the EAC can utilize as a guideline, and the wording of such a proposal can either be incorporated into the Comprehensive Plan or approval can be obtained from the Board of County Commissioners to utilize such a policy instead of standard stipulations. He noted that the scientific and technical issues can be debated in this manner, thus making a sound determination on future petitions. MOTION: Made by Ms. Kurgis to recommend approval of Petition No. PU-88-5C with the following Stipulations and with "New" Stipulation *4, as modified. Seconded by Dr. Benedict. Carried 5/0. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal per- mit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and sub- ject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegeta- tion to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . 2 . Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Page 6 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 Development Division for their review and sub- ject to their approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site deve- lopment, a maintenance program shall be imple- mented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4. Petitioner shall implement a statiscally defined water quality and sediment monitoring program to determine potential water quality impacts of the project of the levels of heavy metals derived from the decomposition of anti-fouling paint toxins and petroleum by-products in the sedi- ments surrounding Shelter Island. The moni- toring program will run for five years the first set of tests to be performed prior to any construction activity, thereafter water quality samples taken at low slack tide shall be per- formed at least once a year. At least five sampling sites will be established in the southern by-pass channel, in close proximity to the proposed docks, with two control sites established east of the project . Methods for water quality sampling and methods for heavy metals will follow the procedures designed by the U.S. Environmental Protection Agency (USEPA, 1982 ) , including the modifications developed by DER for work performed in saline environments, (FDER, 1984) , for arsenic, cadmium, copper, and mercury based on their relationship to natural aluminum concentrations. Petitioner will use an acceptable method for determining petroleum by- product concentrations, such as the USEPA 610 gas chromatographic method. If no State or Federal standards exist for any of the parame- Page 7 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 ters throughout the length of the monitoring program, then the values derived from the pre- construction samples will be used if compared to initial ambient levels, water quality degrada- tion occurs or if there is a build-up of sedi- ment contaminants NRMD retains the right to require additional testing which could exceed the five year time period. NRMD review and approve modified or disapprove a detailed moni- toring program, prior to preconstruction sampling. The program shall specifically define all procedures and standards to be used based upon existing federal and state methods. Where such methods are not available, appropriate defendable standards shall be proposed by the petitioner and reviewed and agreed upon by NRMD. No site construction can occur before the moni- toring program is approved. 5 . NRMD agrees with and adopts the DER stipulations as expressed in DER permit #111000635 . 6 . Petitioner shall install and maintain signs at the four access ramps that are designed to inform, educate, and warn boaters of shallow waters, environmentally sensitive areas, and the possible presence of protected species; infor- mation on protected species should include, but not be limited to, the West Indian Manatee (Trichechus manatus) and the American Bald Eagle (Haliaeetus leucocephalus) . The signs and their posting shall be subject to the review and approval of NRMD. ***** PETITION NO. : R-88-6C FILED BY/FOR: Alan D. Reynolds, AICP of Wilson, Miller, Barton, Soll & Peek, Inc. , representing W. Craig Voight, President , Manufactured Housing Associates, Inc. REQUESTING: A zoning change from A-2 & A-2 "ST" to PUD for a residential and commercial development known as Naples Golf Estates, located southeast of the intersection of C.R. 951 & S .R. 84 consisting of 614 acres. Page 8 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 REPRESENTED BY: Alan D. Reynolds COMMENTS: Mr . Alan Reynolds, representing the petitioner stated that due to Staff ' s concerns about iden- tification of transitional wetland areas, they denied approval of subject petition. Mr. Reynolds noted that at the last EAC meeting of August 3, 1988 , the Committee decided to visit the site on August 10, 1988 , and observe the existing vegetation. He referred to an aerial photo which delineates the jurisdictional wetland areas, previously identified, as well as additional areas. He stated that dual efforts by Staff and he have resulted in a list of sti- pulations which address concerns about the tran- sitional wetland areas; the water management system; the excavation of the aqua-range; and the treatment of the upland islands in the eastern portion of the site. Referring to the Staff report , Mr. Reynolds stated that it contains 22 stipulations that the project will have to abide by. He stated that the petitioner concurs with the stipula- tions recommended by Staff, however, has modified Stipulations #5, 6, 7 , 9, 19, 20, and 22 , which address various aspects of the tran- sitional wetland areas. Mr. Reynolds stated that it was the petitioner ' s 11.tent to replace the word "ecotonal" with "transitional areas" , in Stipulation #5, however, after a discussion with Mr. Burch, it was agreed that these words would not be altered. Mr. Burch indicated that "transitional areas" can be interpreted in different ways, however, "ecotonal" specifically defines the transitional area. Referring to the conservation and pre- serve areas, Mr . Burch stated that these two areas should be identified separately. He noted that the County Attorney' s office has advised that these areas remain as "preservation areas" , since "conservation areas" suggest a different treatment of the area. Mr . Reynolds read the six identified permitted uses of the conservation area, as outlined in Section 5-1 of the PUD. He noted that the deve- lopment standard indicates that all work pro- Page 9 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 posed in conservation areas designated on the Master Plan shall be reviewed by NRMD, and approved by the Community Development Department Administrator prior to the commencement of any such activity. In response to Dr. Benedict , Mr. Reynolds stated that this project would probably be indicating a control berm, and control devices for controlling discharge of water. Ms. Kurgis and Dr. Benedict indicated that they did not have any objections to the use of "conservation areas" , as indicated in the PUD; additional wording was incorporated into the PUD in regard to the water management concerns. Mr. Reynolds suggested that the second sentence of Stipulation #5 be deleted, Dr . Benedict , however, stated that after walking the site, it was determined that there was a difference of opinion in the mapping of the jurisdictional conservation areas. He noted that it was deter- mined that Stipulation #5 should indicate that the transitional areas would receive special care during the detailed site planning. The Committee then referred to the vegetation map, and the "colored lines" were delineated by Mr . Reynolds. Dr. Benedict stated that he had no objections to the map, as long as it indica- tes detailed mapping and approval by NRMD prior to any construction on site; Mr. Reynolds con- curred with this recommendation. Mr . Reynolds advised that the petitioner pre- ferred to substitute "deed restrictions" with "NRMD restrictions" , EAC representatives did not have any objections to this preference. Referring to Stipulation #14, Mr. Reynolds stated that the words "approval of the Subdivision Master Plan" should be changed. Dr. Benedict recommended the following wording "approval of final site deve- lopment plans" ; Mr . Reynolds agreed. Attorney George Varnadoe, representing the Petitioner, indicated that permitting agencies have always required a current survey which can be approved prior to construction, and also advised that Page 10 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 DRI stipulations are set prior to starting construc- tion processes. The EAC then discussed Stipulation #16, and after Mr. Varnadoe' s statement about setting a ratio for the upland islands, it was agreed that a 1 . 5 : 1 credit for development in transitional areas would be applied. Mr . Reynolds referred to Stipulation #22 , and indi- cated that the words "Lot" and "residential" have been deleted; the EAC and Mr. Burch had no comments on these changes. Dr. Benedict added Stipulation #23 , as indicated below. MOTION: Made Dr. Benedict to recommend approval of PU-88-6C with the 23 Stipulations as discussed, modified, and listed below. Seconded by Mr. Below. Carried 5/0. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and sub- ject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accom- modate this goal . 2 . Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and sub- ject to their approval . This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of Page 11 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site deve- lopment, a maintenance program shall be imple- mented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4 . If, during the course of site clearing, excava- tion, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salva- geability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to pro- vide only a minimal interruption to any constructional activities. 5 . All areas designated "CO" on the Master Plan shall be maintained as habitat preserves on the Master Plan, must be flagged by the petitioner prior to any construction in the adjacent area; these boundaries shall be subject to the review and approval of Natural Resources Management Department . These areas are to be recognized as areas requiring a higher level of review prior to final site development approval , and subject to mapping and, field adjustment . As part of final site development approval , transition areas to be within the preserved boundaries of the conservation areas, shall be recorded on the final site development as boundaries of the con- servation areas. Page 12 .-� ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 6 . Uses of ecotonal habitats that are determined to be within the preserve areas shall be restricted to limited development such as golf course roughs, passive recreation, or residential yards. Residential areas that contain such eco- tonal habitats shall be subject to NRMD restric- tions that will include these areas within the building setback limits, and allow no land clearing, filling, or sodding in these designated areas. 7 . Residents shall take special means to preserve extant biological communities (exclusive of toxic plants or venomous animals) . Deed restrictions shall mandate a minimum of clearing of native vegetation on residential lots, and that a County Tree Removal be obtained by the developer prior to land clearing. 8 . The "aqua-range" water management excavation as depicted on the site plan shall be designed and constructed in a manner that is accommodating to the existing cypress wetlands. Shorelines shall reflect this in design to retain existing cypress wetland habitats. The intact viable cypress wetland in the center of this water management feature shall be maintained as a habitat island. 9. The petitioner shall design, construct, and maintain a water management plan that will introduce project storm water run-off to wetland areas in an attempt to help restore historic water levels and hydro-periods in the project water retention and preserve areas. The feasi- bility of this restoration shall be documented by engineering design and calculations, subject to the review and approval of NRMD and the County engineering department . NRMD will work with the petitioner to help in the design and recreation of natural surface water flow. 10 . To maintain aquifer recharge and natural surface water sheetflow, all surface water management shall be achieved on site. Surface water shall not be discharged into the 951 drainage canal on the western boundary of the property, or into its tributaries. Page 13 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17 , 1988 11 . The upland oak hammock and adjacent cabbage palm hammock in the north-central area of the tract , as identified on site, shall be incorporated in the conservation area. The palm hammock south of the proposed commercial area, as identified on site and by aerial photograph, shall simi- larly be designated as "CO" . The physical limits of these hammocks shall be identified by the petitioner, and shall be subject to the review and approval NRMD. Credit shall be applied for conservation of these areas toward the use of transitional habitats on an acre for acre basis. 12 . To increase biological productivities and enhance habitat values, side slopes of lakes adjacent to preserve areas shall be designed and constructed at a pitch 6 : 1 to a depth of three feet below mean low water. Other lake side slo- pes shall be designed and constructed at a pitch of 4 : 1 to a depth of three feet below mean low water. Lake margins shall be adequately planted with compatible littoral and emergent native plants, to help restore native littoral habitat . 13 . The petitioner shall design and implement a program to prevent or minimize populations of noxious/exotic aquatic plants in the water mana- gement systems. These species should include, but not be limited to, hydrilla (Hydrilla ver- ticillata) and water hyacinth (Eichhornia crassipes) . This program shall be subject to the review and approval of NRMD. 14 . The petitioner shall be responsible to provide a survey for the presence and distribution of pro- tected species, subject to NRMD review and approval , prior to approval of final site deve- lopment plans. The survey shall encompass any species on the latest edition of the Florida Game and Fresh Water Fish Commission' s "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" , likely to occur, specifically the gopher tortoise (Gopherus polyphemus) and the red-cockaded woodpecker (Picoides borealis) . If warranted, project designs will be adjusted and/or individuals and/or populations of protected plants and ani- mals will be relocated to the preserve areas or other appropriate areas approved by NRMD. Page 14 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 15 . An archaeological survey shall be conducted by qualified personnel , subject to approval by NRMD, prior to approval of the Subdivision Master Plan. If warranted, project designs will be adjusted to save any existing historic or archaeological sites, or the artifacts carefully removed and saved as per accepted archaeological field practices. Adjusted project designs and/or removal of artifacts shall be subject to approval by NRMD. 16. The four upland islands in the eastern third of the site shall not be developed, but shall remain as habitat islands within that conser- vation area, and used for passive recreation. Credit for development in transitional areas shall be applied for this acreage on a 1 . 5 : 1 basis. 17 . Any access structures that must be placed within preserve areas of the project shall provide suf- ficient water flow beneath the structure to minimize water impoundment and obstruction of natural water flow through the preserve area. Road and path construction throughout the pro- ject shall be designed and constructed at a minimum width, as determined by good road construction standards, to minimize destruction of existing habitat . 18 . The petitioner shall design and implement proper culvert or breach points in the existing powerline easement to help restore historic sur- face flow patterns through the western part of the project . Collier County will work with the petitioner to obtain permission from Florida Power and Light for construction of these structures. 19. Final alignment of all structures, configuration of water management excavations, roads, etc . shall be subject to minor field adjustments to preserve valuable existing habitat elements. 20. The petitioner and the Natural Resources Management Department shall cooperate on the final layout of the golf course, in an attempt to produce habitat compromise that is acceptable to both parties. Prior to construction, golf Page 15 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 holes and fairways will be field staked by the petitioner and subject to review and approval of the Natural Resources Management Department . The petitioner and NRMD will cooperate in the final layout of the golf course in any areas where it invades the wetland or ecotonal wetland areas, to result in a course design that minimi- zes impact on these habitats, subject to good golf course design. The petitioner shall make reasonable field adjustments of the golf course to minimize habitat destruction to the extent practicable and consistent with good golf course design. 21 . Where applicable because of development , appropriate components of native plant com- munities shall be transplanted to within pre- serve areas, or used as landscape elements within the project . 22 . All areas adjacent to the golf course shall pro- vide buffer zones to protect and maintain the quality of existing native vegetation between golf course boundaries and the housing units. Buffers shall be a minimum of 20 feet ; larger buffer areas should be encouraged by way of deed restrictions. 23 . The following PUD wording will be modified: Section 502 , #5 , as required by SFWMD, will be included following water management facilities and Section 502 , #7, in conservation uplands only, shall be placed after recreation shelters, shelters, and restrooms. ***** PETITION NO: R-88-1C FILED BY/FOR: Alan D. Reynolds, AICP of Wilson, Miller, Barton, Soll & Peek, Inc. representing Collier Development Corporation. REQUESTING: A zoning change from A-1MH to PUD for 9.6 acres east of Highway 29 and Madison Avenue in Immokalee. COMMENTS: Mr. Reynolds stated this petition was previously presented to the EAC, however, a 9.6 acre parcel Page 16 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 has since been added. He noted that the peti- tioner has no objections to Staff ' s recommen- dations and stipulations. Mr . Burch advised that after the Collier County Planning Commission reviewed the petition, they recommended that the project include additional commercial acreage. He indicated that Ms. Stevens inspected the parcel and found that pine flatwoods community with associated palmetto (Serenoa repens) extend over the western 1/3 of the parcel . He noted that Slash pines (Pinus elliottii) are also found in the area. He stated that Staff recommends approval of the petition with all stipulations as detailed in the original NRMD staff report, and have recom- mended the addition of Stipulation #12 , which requires that the petitioner maintain and transplant all possible hardwood oak trees found on site and incorporate these trees into the landscape plan. Dr. Benedict referred to the environmental pre- serve site plan and the PUD document and .-. suggested that the words "added and preserved area" be reflected in both these documents, Mr. Reynolds concurred. MOTION: Made Dr. Benedict to recommend approval of Petition R-88-1C with the addition of Stipulation #12 to the original Stipulations of April 6, 1988, and the commitment by the peti- tioner to label the environmental preserve area site plan. Seconded by Dr. Snyder. Carried 5/0. STIPULATION #12: The petitioner shall, where feasible, maintain individual oak trees in their existing loca- tions, or transplant and incorporate the trees into the landscape element of the development . sssss PETITION NO: R-88-13C/SMP-88-2C FILED BY/FOR: William C. McAnly and Associates representing �-. Anton Steiner Page 17 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 REQUESTING: A zoning change from A-2 to RSF-3 for construc- tion of a residential single family subdivision ( "Windsor Park" ) , on the east side of Airport-Pulling Road and South of Immokalee Road consisting of 56 . 5 acres. REPRESENTED BY: Mr . George Mellen, representing the petitioner stated that the proposed project was straight forward. Mr . Mellen stated that Stipulations #1 and #2 did not apply to the project . He noted that since the lots were not being developed by the developer, but would be sold singly or in groups, and a landscape plan would be not necessary, Stipulation #2 is not applicable. Mr. Cardillo, however, indicated that regardless who is doing the constructing, there is a provision that mandates the recreation of lost vegetation due to construction disturban- ces. Dr. Benedict stated that a landscape plan would not have to be submitted by the peti- tioner if he was not constructing the sub- division. Mr. Mellen then indicated that he had no objections to Staff ' s Stipulations as recom- mended. Mr . Edwards described the site as an abandoned farm field. He noted that the abandonment of the field has allowed early successional and distur- bance groundcover species to become established. He indicated that cabbage palms and scattered slash pines dominate the perimeters of the area. He advised that Staff recommends approval of the petition with standard Stipulations 1-3 and a "new" Stipulation #4 . MOTION: Made by Mr. Below to recommend approval of Petition R-88-13C/SMP-88-2C with the following stipulations. Seconded by Dr. Benedict. Carried 5/0. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Page 18 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17, 1988 Management Department for their review and sub- ject to approval prior to any work on the site. This plan may be submitted in phases to coin- cide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accom- modate this goal . 2 . Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and sub- ject to their approval . This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development , a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4. Petitioner shall incorporate the existing cab- bage palms on site into the landscape plan. If necessary and where feasible, the cabbage palms may be transplanted on site. ***** ITEM: ADDENDA COMMENTS: Dr. Benedict advised that according to a newspaper article he recently read, there is a Page 19 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 17 , 1988 proposal to increase lot clearing of vegetation due to concerns about migrants' invasion of some vegetated areas. He noted that County Manager Dorrill has taken a good position by applying the lot clearing ordinance to these areas. He suggested that Staff support Mr. Dorrill in his efforts. Mr. Burch stated that due to this problem, he had sent Sheriff Rogers a memo last year advising him that people should get in touch with NRMD before removing any vegetation in these areas. Mr. Below suggested that a follow- up memo be sent to Sheriff Rogers to remind him of this situation. sssss There being no further business, the meeting was adjourned by Order of the Chair. ENVIRONMENTAL ADVISORY COUNCIL John P. Cardillo, Chairman Page 20