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EAC Agenda 08/17/1988 .-� 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. ********** *********** ********** ************************************************************* MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: August 3 , 1988 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center , Naples, Florida EAC STAFF PRESENT CARDILLO ABS BURCH X BELOW X EDWARDS X BENEDICT X MULDOON X KURGIS X STEVENS X SNYDER X LORENZ X KOOPMAN X MINUTES BY: Dalila Mendez , Deputy Clerk CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 12 : 15 P.M PRESIDING: Dr . Mark Benedict, Chairman ADDENDA TO THE AGENDA: 1 . Item added by Mr . Snyder re Comprehensive Plan. Page 1 .-� ENVIRONMENTAL ADVISORY COUNCIL AGENDA August 3, 1988 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES: III. ADDENDA IV. STAFF REPORTS A. PETITIONS ADMINISTRATIVELY APPROVED BY NRMD V. OLD BUSINESS VI. PUBLIC HEARINGS 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. 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. VII. NEW BUSINESS A. Revision of EAC Standard Stipulation No. 2. VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************************ NOTES: A. Notify the Natural Resources Management Department (774-8454) no later than 5 P.M. on Monday, August 1, 1988, if you cannot attend this meeting or if you will 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 of 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. ********** ********** ********** ********** ********** ANY 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 3 , 1988 ITEM: Minutes of July 6, 1988 MOTION: Made by Mr. Below to approve the minutes of July 6, 1988, as presented. Seconded by Ms. Kurgis. Carried 4/0. ***** PETITION NO: PU-88-5C FILED BY/FOR: 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 . COMMENTS: Mr . Kepley, representing Bernard C. Johnson, advised that the Corps of Engineers is in the process of reissuing permits; he also advised that he had read the Staff report and had no comments. Mr . Edwards described the subject property as a 5 . 7 acre parcel of land located in the Cocohatchee River He noted that the dominant species include ragweed , dog fennel, false camphorweed, milwort, and assorted graminoids, with no canopy species. He indicated that there is no vegetation occurring waterward of the seawall. He advised that NRMD concerns are as follows: the effects development and increased boat traffic would have on the threatened and endangered species; the possible contamination of the surrounding waters and sediments by leakage of petroleum byproducts; the possible contamination of the same waters and sedi- ments by decomposition of anti-fouling paint toxins . Mr . Edwards said that due to the aforementioned, the petitioner was required to submit an Environmental Impact Statement. He stated that the petitioner agreed to have a five year monitoring program to determine the levels of petroleum byproducts and anti-fouling paint toxins in the waters . He noted that Staff recommended approval subject to standard EAC Stipulations, and two additional stipulations. Page 2 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 3 , 1988 Biologist Peter Godfrey, representing the peti- tioner, advised that the site has been cleared and filled. He noted that the petitioner propo- ses to construct an 86 slip marina , as well as two 15-story condominium towers. He noted that the petitioner has agreed with DER' s stipulation of planting red mangroves along the riprap peri- meter of the site, as well as other stipula- tions. Since the Committee was not provided with copies of the Environmental Impact Statement, Mr . Godfrey summarized its contents and added that the petitioner did not intend to exceed DER' s minimum requirement for water quality. He, therefore, indicated that the petitioner agreed with the five-year water monitoring program, and would be conducting preconstruction, as well as bi-monthly water sampling of the area . He advised that Least Terns were not observed, and bald eagle nesting are located within 0. 5 mile of the site. He then referred to DNR' s letter , which states that the marina will not adversely impact manatees, provided that manatee precaution signs are installed at the site; the Army Corps of Engineers concurs with this state- ment. He advised that the project would be serviced by the North Regional Sewer Plant, and added that a professional engineer would be conducting hydrologic computations of wastewater to be derived from the project. In response to Mr . Below, Mr . Godfrey explained that prior to construction, water flows arising from the site would be recreated, and samples would be taken when the tide was going out. Mr . Below, however , stated that methods to be followed should be included in the report. Mr . Godfrey advised that DER did not delineate methods to be followed for sampling waters , as their concerns are with changes in the water quality in the area. He indicated that there would not be any changes in the water quality derived from the site. Mr . Below indicated that methodology for water sampling should be included and approved by Page 3 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 3 , 1988 NRMD; Mr . Godfrey agreed with this recommen- dation. Ms. Kurgis stated that she had the same concerns as Mr . Below. She referred to the first sentence of Stipulation #4, and recommended that the following wording be added: "Petitioner shall implement a monitoring program, to be approved by NRMD, etc. " . She questioned the following wording: "Annual reports shall be submitted to NRMD for review and approval" . Responding to Ms. Kurgis question about the sub- mittal of annual reports, as indicated in Stipulation #4 , Mr . Burch explained that the intent of the report is to review impacts of toxins in the waters. Mr . Godfrey expounded that DER, DNR and the Army Corps have jurisdiction, and would not allow the project to continue if a problem existed in the water quality. Mr. Steven Crawford advised that a mechanism was being provided to test water quality, and State regulations would apply if the test failed. Mr . Below, however , stated that County involvement reassured that stipulations were being complied with. Dr . Benedict asked how the petitioner antici- pated to treat storm water runoff on the site? Mr . Godfrey responded that the first 1/2 inch would be treated to the highest level possible, and its control was delegated by County zoning. In response to Dr . Benedict, Mr . Lorenz , Acting Director of NRMD & Director of Pollution Control , advised that he has not been involved in the project. Dr . Benedict suggested that Mr . Lorenz review the project to determine a water monitoring concept, and write language for adverse impacts on the water quality. MOTION: Made by Mr. Snyder to recommend approval of Petition PU-88-5C subject to Staff's stipula- tions, as provided in Staff report modifying Stipulation #4. Seconded by Ms. Kurgis. Page 4 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 3, 1988 Motion failed 1/3 , Ms. Kurgis, Mr . Below and Dr . Benedict opposed. COMMENTS: Ms. Kurgis suggested that Staff Stipulation #4 should take into consideration sediment samples, and a monitoring program which would define a series of water samples taken during tidal changes and prior to construction. Mr . Godfrey expounded that 90% of normal rain- falls are approximately 1/2 - 1 inch in size, and if storm water treatment was provided for the first inch or first 1/2 inch, 90% of the rainfall and its pollutants would be acquired. Water Management Reviewing Officer Koopman, advised that a small project usually retains the first inch for purifications purposes, however , due to the size of the proposed project, they would be faced with a 25-year , 3-day storm. MOTION: Made by Dr. Benedict to continue Petition PU-88-5C at the next EAC meeting, directing Staff and Environmental Control to design a standardized conceptual water quality monitoring program. Seconded by Mr. Kurgis. ***** PETITION NO: R-88-6C FILED BY/FOR: 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. REPRESENTED BY: Alan D. Reynolds COMMENTS: Mr . Reynolds advised that the petitioner is requesting a rezoning from A-2 and A-2 ST to PUD to construct a residential and commercial deve- lopment. He indicated that the property is located in the southeast quadrant of S.R. 84 . He referred to map, Attachment #1 , of Staff report, and described the land uses. He stated that the development will have a density of 1. 3 Page 5 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 3 , 1988 per acre ; will be located in the urban area, and complies with the Comprehensive Plan. Environmental Consultant Link referring to the sketch on the wall stated that DER has claimed part of the project as jurisdictional wetlands. He indicated that the eastern part of the juris- diction consists of 8 - 10 feet cypress with few Slash pine . He stated that the cypress/pine mixed wetlands range from 70: 30 , and have been identified as viable wetlands. He noted that the prairie will not be tampered with and be kept intact . He indicated that the central sec- tor of the parcel consists of Slash pine , cab- bage palm, and palmetto understory. Mr . Link advised that the property was poorly culverted and slash pines have invaded the cypress wetlands areas. He noted that this area was functional and proper restoration of historic hydrological periods would alter the slash pine trend. Mr . Reynolds referred to the Master Plan, and explained that the petitioner proposed to deve- lop 790 single-family dwelling units ; an 18-hole golf course; and 50% of the property would be designated as "Conservation and Open Space" . He noted that the water management consisted of lakes, and dry retention areas near the golf course . He referred to another conservation area and stated that it would not be incor- porated into the water management system because a bern would have to be constructed along the perimeters of the property. He stated that minor encroachments would be permitted with DER. He noted that the commercial and sewage treat- ment plant would be located on the upland por- tion of the site. He referred to the cypress ' wetland, and advised that the petitioner plans to excavate that area into a lake. He stated that the open space on site is in excess of 70% of the property; half of which is dedicated to conservation areas which will not be impacted. He advised that the upland islands have been identified for a limited residential use, however , in order to gain access to these areas permitting from DER is required. He reiterated Page 6 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 3 , 1988 that the project was in compliance with the Comp Plan, and Collier County' s regulations . Mr . Reynolds indicated that petitioner was not agreeable with the Staff report of treating some of the cypress/pine areas as preservation areas , as it was not a reasonable position to take. Ms. Stevens provided the Committee with an aerial map of the proposed site, and stated that 54% of the property has been claimed as juris- dictional wetlands by DER. She then reiterated Mr . Link' s description of the site, and added that associated shrub and ground cover include wax myrtle, corkwood, swamp fern, St. John' s Wort, and various prairie grasses and sedges. She indicated that the hydroperiods in these areas are considerably shorter than historical inundation seasons. She stated that several buttonbush and alligator flag ponds are found within the DER jurisdictional limits, and sup- port willow, red maple, and exotic Brazilian pepper . Ms. Stevens further stated that the Army Corps of Engineers or the South Florida Water Management District any wetland jurisdictions have completed assessments on the site. She noted that NRMD major concern is with the adverse impacts which will be imposed on these wetland systems and their resource values, therefore, Staff recommends that a portion of the mixed cypress/pine wetlands be preserved or for low impact development. The NRMD recommends denial of this petition as proposed, she concluded. Mr . Koopman advised that Mr . Boldt recommended denial due to the possibility of overload on the 951 Canal, however , WMAB recommended approval subject to stipulations. He noted that the basic concern is that the out flow to the 951 Canal will be limited. ***** Recess 10:20 a.m. to 10:30 a.m. ***** Page 7 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 3 , 1988 Mr . Snyder asked about the extent of melaleuca invasion? Mr . Edwards responded that the melaleuca was mostly on the western boundary of the 951 Canal with a 20 foot stretch. Dr . Benedict advised that per County ordinance the melaleuca will have to be removed. Responding to Mr . Snyder , Mr . Reynolds advised that there was no absolute percentage standard for water management, however , based on the size of the site it will be approximately 15% - 20% of the total developable area. He noted that of 614 acres, 300 acres would be for developmentand and 37. 5 acres would be for the lake. Presently, he continued, the percentage is less than 15% of the area due to the fact that the developer is taken storage capacity in the major wetland system. He indicated that excavation of lakes will provide water management, and fill for the site. The construction of a lake also allows mitigation benefits, he added. Mr . Snyder asked why DER wetlands could not be utilized as part of the water management system? Mr . Reynolds explained that the law did not allow for these areas to be used for water mana- gement, and further the South Water Management District and DER would probably not allow berming of the area . Referring to the map, he delineated the different sections, and explained each. He stated that standing water has not been evident on the site, Ms. Stevens concurred. In response to Mr . Below, Ms. Stevens advised that NRMD did not accept the EIS because it was inadequate and did not identify the wetlands thoroughly. She noted that the recommendation for denial was based on the proposed development in wetland area . Mr . Burch noted that NRMD' s position has been based on accepting stringent designations by other regulatory agencies as County wetlands. Mr . Reynolds advised that due to the size of the project it was impossible to determine a Corps jurisdictional line in the transitional areas . Page 8 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 3 , 1988 In response to Dr . Benedict, Mr . Reynolds advised that the Comp Plan does not include an environmental point rating system. In response to Dr . Benedict, Attorney Varnadoe stated that other counties make a distinction between the densities that are allowed in wetlands. He noted that the projects he has represented have not utilized wetland areas for development, further the proposed project is a low density project. Responding to Dr . Benedict, Ms. Stevens advised that some areas were classified as high quality wetlands; others as preserved areas; and others could possibly be developed as high impacted development. However , she indicated that revised site plans have not been provided by the petitioner , indicating that any of the areas would be preserved. Mr . Burch agreed that modi- fications to the plan would be appropriate. Dr . Benedict asked if the petitioner had con- sidered placing transitional swales along the uplands? Mr . Reynolds responded that this was not permitted by the SFWMD, and their recommen- dation was that the water be discharged to the 951 Canal. Dr . Benedict stated that the project would eliminate all the upland habitat, thus eliminating gradual transitional zones and wildlife effects. Mr . Reynolds did not agree with the previous statement; he noted that they would have tran- sitional areas. He referred to Dr . Proffitt ' s letter dated July 15 , 1988 which states that NRMD is concerned with the extensive impacts the project will have on the mixed cypress/pine wetlands, and recommends that 85% - 90 of these areas be designated as conservation areas. In response to Dr . Benedict, Mr . Reynolds advised that as the project progressed, the plan would be modified, due to the process of per- mitting and involvement of different agencies. He also stated that by the time the project was completed, its density would be lower than what is presently indicated by the Master Plan. Mr . Below shared Dr . Benedict ' s concerns about Page 9 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 3 , 1988 the project, and referred to the islands in the eastern quadrant of the project. He indicated that there are not enough residences in the area to justify the disturbance to the area . Dr . Proffitt expressed his views by stating that the cypress/pine areas will not become an upland area. He noted that eradication of the mixed areas should be avoided, and the developer should map the area as wetland and admit to the EAC that indeed it is a wetland area. He indi- cated that the plan was not appropriate, however , it could be revised to protect a per- centage of the mixed areas. Mr . Reynolds indi- cated that since Dr . Proffitt has not spent sufficient time at the site he could not make a any definite conclusions. Dr . Benedict expressed concern on approval of the proposed project, and Ms. Kurgis recommended that the petitioner provide a proposal deli- neating wetlands, addressing the islands, etc. After a lengthy discussion, it was determined that the petition be continued on August 17, 1988 and the EAC visit the site on Wednesday, August 10, 1988 at 8: 30 a.m. MOTION: Made by Dr. Benedict to continue Petition R-88-6C on August 17, 1988 and visit the site on Wednesday, August 10, 1988. Seconded by Mr. Below. Carried 4/0. ITEM: Revision of EAC Standard Stipulation #2 . COMMENTS: Ms. Muldoon read EAC Standard Stipulation #2 which states that the "native species shall be utilized, where available, to the maximum extent possible in the site landscaping design" . She noted that NRMD has required that developers comply with this stipulation by utilizing an overall percentage of 60% native plants for landscaping use. However , she indicated that there are several problems with this method. She noted that landscapers and landscape archi- tects believe that the 60% figure is inappropriate. She noted that they have suggested that numbers of gallon containers Page 10 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 3 , 1988 might be better than the number of plants them- selves. She advised that they do not agree with giving equal weight to trees vs. ground cover , and have suggested that a landscape stipulation would be in order , such as Lee County' s landscaping ordinance, where different weights are given to trees from weights given to grass and shrubbery. She noted that landscapers would like to be given credit for utilizing xericscape principles. She stated that Acting Community Development Administrator 011iff has stated that he would like to see the actual language for the stipulation. She stated that if flexibility is not allowable, then the language should distinctly state it, therefore, he has suggested that a committee consisting of area landscapers and landscape architects be formed to provide input for assessment methods for utilizing native vegetation. She noted that presently there is a Landscaping Committee formed by the Agricultural Extension Department, which is revising the landscaping zoning codes. She stated that the proposed Committee might be able to incorporate into this Committee. She further stated that due to the existing problems, she was requesting that the EAC recommend the for- mation of a Committee, or utilize another Committee for input. Dr . Benedict concurred with the formation of such a Committee, however , stated that EAC must be involved with the adoption of the language; the representation of a biologist should be con- sidered, and further examine what action is being administered by other counties. Ms. Muldoon, however , reiterated that the Committee would only be involved in providing the EAC with input and not the actual writing of the language, and the adoptive codes . Dr . Benedict suggested that the County zoning code should be rewritten to include landscaping. ***** ITEM: ADDENDA COMMENTS: Mr . Snyder asked for an up-date on the Comprehensive, and Mr . Lorenz advised that at the July 20 , 1988 the BCC directed Staff to redeye- Page 11 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 3 , 1988 lop a plan and schedule to rework the Comp Plan and compile a Committee to address goals, objec- tives and policies . He noted that on August 16 , 1988 they would present the BCC with the plan and the make-up of the Committee. He indicated that the Committee would be composed of Audubon Society, The Conservancy and other environmental groups. He stated that once the DCA comments are received they would be factored into the Comp Plan. ***** There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COUNCIL Mark Benedict, Chairman Page 12 NATURAL RESOURCES MANAGEMENT DEPARTMENT (NRMD) STAFF REPORT FOR EAC MEETING 8/17/88 Petition: R-88-1C; Alan D. Reynolds, AICP, of Wilson, Miller, Barton, Soil , and Peek, Inc. , representing Collier Development Corporation; requesting a zoning change from "A-1MH" to "PUD" (Heritage PUD) . Considerations: This petition was heard before the EAC on April 6, 1988 (Staff Report attached) . The Collier County Planning Commission subsequently reviewed the petition, and recommended that the project include additional commercial acreage. The petition has been revised to include an adjoining 9.6 acre parcel , proposed for commercial zoning, and to be included as part of the PUD. Other changes include an increase in residential area ( 1 .6 acres) within the PUD, with a corresponding decrease in lake/environmental area by 1 .6 acres. Project density has changed from 2.4 to 2.3 units per acre. This staff report addresses the 9.6 acres of the subject property which was not included as part of the original rezoning petition. The site was inspected on August 5, 1988 by Andrea Stevens (NRMD) . The additional square parcel (9.6 acres) forms an inset into the northwest corner of the property. State Highway 29 (North 15th Street ) abuts the parcel on the west. Land zoned as A-1MH is located to the north of the parcel . A pine flatwoods community with associated palmetto (Sereno ,a repens) extends over the western 1/3 of the parcel , as well as along almost the entire northern boundary of the area. Slash pines (Pinus elliottii ) form a 75% closed canopy, with tree Staff Report R-88-1C EAC Meeting 8/17/88 Page 2 diameters of up to 14" . A palmetto shrub layer maintains a height of up to 3 feet above ground level . Additional vegetation noted in these pine flatwoods includes rusty lyonia (Lyonia ferruqinea) , gallberry ( Ilex qlabra) , beautyberry (Callicarpa americana) , and smooth sumac (Rhus copallina) . Many oak (Quercus spp. ) seedlings and saplings are also found in these pine areas. The eastern 2/3 of the parcel supports a xeric area dominated oaks 10-15 feet in height, which provide habitat for numerous epiphytes. Widely spaced slash pines are also found in this area. Palmetto is scattered throughout the habitat, as well as rusty lyonia, grasses, and shiny leaf blueberry (Vaccinium myrsinites) . Recommendations: The NRMD recommends approval of petition R-88-1C ( in its revised form) with all stipulations detailed in the original NRMD staff report. An additional stipulation is recommended which addresses the importance of maintaining or transplanting the oaks on site, particularly those in the northwest commercial corner. The following stipulation is recommended as an additional condition to the 11 stipulations of the previous NRMD staff report: 12. The petitioner shall , where feasible, maintain individual oak trees in their existing locations, or transplant and incorporate the trees into the landscape element of the ,•••••••N development. Staff Report R-88-1C EAC Meeting 8/17/88 Page 3 Prepared By: __ __ __ -� �� Date: 8 ' 41 ' 8$_--_—____ r 1/1 14 ?Reviewed By: a--1-- I7 ' ( Date: _'/ '�' T ATTACHMENT: R-88-1C Staff Report for April 6 , I988 EAC Meeting. NATURAL RESOURCES MANAGEMENT DEPARTMENT STAFF REPORT FOR EAC MEETING 4/6/88 ^- petition: R-88-1C; Alan D. Reynolds, AICp, of Wilson, Miller, Barton, Soil , and Peek, Inc. , representing Collier Development Corporation; requesting a zoning change from "A-1MH" to "PUD" . Considerations: The area under consideration for rezone is a 336-acre parcel located east of the intersection of North Fifteenth Street (State Highway 29) and Madison Avenue in Immokalee (S28 and S33, T46S, R29E) . Farmlands zoned as A-1MH are located to the north, northeast, and southeast of the property. Madison Avenue and RSF-3 and C-1 zoning districts abut the southwest property line. ^-. The western boundary o+ the parcel coincides with North Fifteenth Street, and an A-2 zoning district is located west of the road. The petitioner is requesting a rezone of the property from "A- 1MH" to "PUD" ( "Heritage PUD" ) for a mixed-use development to include single and multi-family housing, recreational facilities and lakes, a commercial tract and a community use tract. The site was inspected by Andrea Stevens (NRMD) on 25 March 1988, and again on 28 March 1988 by Andrea Stevens, accompanied by Tim Durham (Wilson, Miller, Barton, Soll , and Peek, Inc. ) and Richard Henderlong (Collier Development Corporation) . Approximately 40% of the parcel has been cleared, and most of the remaining area on the property has been altered by agricultural disturbances and overflow drainage from adjacent - parcels. The exotics Brazilian p olius) ^ ° Staff Report EAC Meeting 4/6/88 Page 2 _ - , - �� .^' and cajeput (Melaleuca guingueuervia) are scattered infrequently in some disturbed areas on the property. Some of the cleared land on the subject property is currently being used as cattle pastures. Two or three cattle ponds are found on the property. Numerous drainage ditches traverse the property, and overflow drainage from surrounding agricultural districts has enlarged the natural ponds on the subject property. Fences and old road beds are found in many areas on the parcel . Miscellaneous debris is scattered across some open fields, especially along the southern property boundary, adjacent to the residential community. The elevation of the subject property ranges from 33 feet to 36 feet NGVD, and although much of the parcel has been disturbed, the remaining biotic communities are quite diverse. The parcel supports upland scrub and pine associations, as well as dry prairie and freshwater marsh habitats. The vegetative communities on the parcel are indicative of the underlying soil classifications. The western portion of the parcel supports scattered slash pine (Pinus elliottii var. densa) , ranging in size from 6"-12" DBH, with an understory of saw palmetto (Serenga repens) and rusty lyonia (Lygnia ferruginEW . Interspersed among the pines are several assemblages of mid-sized (6"-8" DBH) oaks (Quergps spp. ) and associated tillandsioid epiphytes. These island communities appear to be almost a monoculture of oaks, with a - - sparsei . vegetated understory an ground--~----~-�'-usty lyonia, . ' ~ ` ,_. Staff Report EAC Meeting 4/6/88 Page 3 ` _ = gopher apple (Licania michauxii ) , and grasses. A more significant xeric oak community is found extending south from the northern corner of the property. The soil in this northern section is predominantly Blanton Fine Sand. The habitat is more densely populated with oaks (4"-9" DBH) than the xeric community in the western area of the property. Again, in this northern scrub area, the understory is made up of saw palmetto, with a groundcover of grasses. Several active gopher tortoise burrows were located in this area. In addition, numerous bird species were observed in this oak community during site inspections. According to the Environmental Impact Statement (EIS) , submitted ~~� - as part of this petition, a colony of scrub jay, a threatened species, is located in the vicinity of this property, probably in or near one of the xeric habitats. Two types of dry prairie make up a significant portion of the remainder of the parcel . Wire grass and saw palmetto prairies are found on the Immokalee soils < Ia> . Some of these areas are currently being used as cattle pastures on site. Dry sand grass prairies are identified as those areas with open grasslands and scattered pine. Two freshwater marsh communities are located east of the center of the property. . An extensive cover of pickerel weed (Pontederia cordata) and pennywort (Hvdrgcgtvle bgnariensis) is found in some areas of these wetland communities. Standing - �~ - ' __---'---_-- '- water, ranging in depth from 6 to 10 inches (noted during dry . ^ ,�. Staff Report EAC Meeting 4/6/88 Page 4 season site inspections) , is found through mr of this sha * pond habitat. NRMD has determined that the rreshw,7: .-r marl � habitat closest to the center of the property is a -nctional wetlands system, as indicated by the existing vegetation and the wildlife use of the area, especially by several wading bird species. The second shallow pond community, east of the first, has been extensively altered, and has negligible environmental value. Scattered in the shallow pond areas are small low hammock islands supporting saw palmetto, wax myrtle (Myrica cerifera) , dahoon holly (Ilex casg2ine) , swamp fern (BlechnuUserrulatum) , , and other fern species. Several bird species seemed to be using these drier island habitats during site inspections. John Beriault, president of the Southwest Florida Archaeological Society, has indicated that he is not as familiar with archaeological sites in the Immokalee area as he is with those in the Naples vicinity. After describing some of the biotic habitats on the parcel to Mr. Beriault, he felt that archaeological sites may be located in the xeric oak habitats. He specified that any circular sand mounds, marine shells, or white flint found on the property would provide indications of significant archaeological. resources. Such evidence was not observed during the two site inspections, but the petitioner and the developer should be aware of the potential for archaeological si�es on the - �vbject property; -----'--'- '- ` Staff Report EAC Meeting 4/6/88 Page 5 _` - � Recommendations: ' Although most of the biotic habitat on the pr erty has been` ditturbed, there are areas of remnant upland and wetland communities which should be accommodated in the proposed development. In an agricultural area such as Immokalee, where ' extensive . clearing and site disturbances have 'occurred, particular attention should be directed to ' the preservation of the remaining islands of native habitat. The NRMD recommends approval of petition R-88-1C with the following stipulations: 1-4. Standard Stipulations 1-4, as adopted by the EAC on 4/1/87. 5. -The freshwater marsh community just east of the center of the property shall be preserved. The boundaries of this wetland habitat shall be flagged by the petitioner, and subject to the 'review and approval of NRMD. Areas around the periphery of the marsh may be -excavated to allow for a proposed retention lake, provided that a corridor from the island marsh habitat across the peripheral lake area is maintained. This corridor would provide for wildlife access to the wetlands community. 6. The low hammock islands in the wetlands areas shall , where feasible, be incorporated into the landscape - ~ element of the proposed --'--- '- . . Staff Report EAC Meeting 4/6/88 Page 6 7. A minimum of clearing shall be permittp the scrub oak area near the northern property -orner. Only narrow corridors shall be cleared to allow for recreational open space areas. No lakes shall be located within the scrub oak area. Oaks which are removed from within this habitat shall , where feasible, be transplanted around the periphery of the oak area. If a scrub jay nesting area is located within a proposed recreational corridor, appropriate measures shall be taken to relocate the corridor to accommodate the nesting area. The boundaries of this xeric habitat shall be fenced prior to development to protect the area from unnecessary construction disturbances. 8. Littoral zones of lakes shall maintain a slope of 1 : 4 to a depth of 4 feet. The slope of lake shores adjacent to the oak scrub area (northern property �m .. 61-21 41.1 _ corner) shall be .n - '__ - �a �� ,. ^ are,* prevent destabilizationf - �_ __� �_��__ _� ' �- -��v�� ---'�` o sensitive habitats. All littoral zones shall be revegetated with native aquatic species, and the encroachment of exotic vegetation inthese areas shall be controlled. gAhwo 9. Existing Avegetation in the proposed "rough" areas of the golf course shall be conserved in place/ c.) /~4/4,41. _ ^ �� f*�� u*«�^� ' ,' �r ^' � � ^ � " - : . . , Staff Report '-` EAC Meeting 4/6/88 Page 7 ' , '� ._----7: . ^� ; 10. The site clearing plan for the PUD shall incorporate as _ =fAim much of the existingAhabitat as feasible into the development. In addition to those areas specified in stipulations 5, 6, 7, and 9, special attention shall be . , directed to the preservation of native vegetation in _ the proposed neighborhood commercial and community use tracts, where remnant oak assemblages and pine communities exist. 11. The petitioner shall arrange for a gopher tortoise survey to be completed by knowledgeable personnel , and the necessary procedures for gopher tortoise relocation ~-.. (Florida Game and Freshwater Fish Commission) shall be followed in the event a gopher tortoise is found. Prepared By: __ [� � ' - Date: 3 '31'66a_ ___ ~ ' (-.? ior Reviewed By: Date: rA / / � ' . �� _ _. ___ ` ^ ^' Staff Report EAC Meeting 4/6/88 Attachment for R-88-1C PLANT SPECIES OBSERVED ON SITE (3/25/88, 3/28/88) Andropogon glomeratus broom sedge Aristida affinis poverty grass Asrmina reticulata paw paw / Bigelowia nudata bi |elowia ' | Blechnum serrulatum swamp fern Boehmeria cvlindrica false-nettle Callicarpa americana beauty berry Centella asiatica coinwort Cnidoscolus stimulosus stinging nettle _ Eupatorium capillifglium dog fennell Hydrocotvle bonariensis water pennywort Hypericum spp. hypericum Ilex cassine dahoon holly Ilex glabra gallberry Lachnocaulon anceps bog button Licania michauxii gopher apple Lygnia ferruginea rusty lyonia Myrica cerifera wax myrtle Opuntia stricta prickly pear cactus Piloblephis rigida pennyroyal Pinus elliottii var. densa slash pine Pontederia cordata pickerel weed ptergcaplgn pycnostachyum black root Quercus spp. oaks Rhus cgpallina smooth sumac Sabal palmetto cabbage palm Serenoa repens palmetto Smilax spp. greenbriar Tillandsia spp. Toxicodendron radicans poison ivy ' Vaccinium mvrsinites shiny blueberry Viola lanceolata long-leaf violet Vitis rotundifolia grape Ximenia americana hogplum grass species EXOTICS: ' - - - - --'---- — Melaleuca guinouenervia cajeput Schinus terebinthifolius brazilian pepper ` 4 � � . r—%s NATURAL RESOURCES MANAGEMENT DEPARTMENT STAFF REPORT FOR EAC MEETING 8/17/88 Petition; R-88-13C/ SMP 88-2C; William C. McAnly, of William C. McAnly and Associates, representing Anton Steiner; requesting a zoning change from A-2 to RSF-3 for construction of a residential single family subdivision ( "Windsor Park" ) . Considerations; The site in question is a rectangular 56. n acre parcel located on the east side of Airport-Pulling Road (C. R. 31 ) and �� ' " approximately one-half mile south of Immokalee Road (S. R. 846) . The site is bordered to the north and east by the Four Seasons PUD, to the south by the Crescent Lakes PUD and to the west by Airport-Pulling Road (R25E, T48S, S25) . A site visit was conducted on 8 August 1988 by Keith Edwards (NRMD) accompanied by Mr. George Mellen of William C. McAnly and Associates. Currently, the site is an abandoned farm field. The abandonment of this field has allowed early successional and disturbance groundcover species to become established. The dominant species are dog fennel (Eupatgrium capillifglium) , ragweed (Ambrosia artemisiifglia) , and assorted graminoids. No canopy or shrub species occur in the field area. Areas of open, exposed sand are prominent throughout the field. All of the trees on site are located on an earthen ridge, which separates 1 `- 7 -~ -, = em Staff Report • EAC Meeting 8/1 //88 Page 2 the northern quarter from the rest of the field, and along the perimeter of the site adjacent to farm drainage ditches. These areas are dominated by brazilian pepper (S0iliqg tgEgbipthifglig10 with scattered slash pines (pinus elligttii var. densa) and cabbage palms (Sabal palmetto) . Associated groundcover is dominated by ragweed and other disturbance species. The drainage ditches contain wide-leaf cattail (Typha latifglia) and common reed grass (Phragmites australis) . The site is underlain by Immokalee Fine Sand. em R2ggM(DE2Dd�tigr2s.: The site has been previously disturbed due to past agricultural use. The vegetation consists mostly of exotic shrubs and early successional , disturbance groundcover species. There are a few scattered cabbage palms on site that should be included in the landscape plan. Considering the previously stated points, NRMD recommends approval of petition R-88-138 with the following stipulations: 1 3. Standard stipulations 2-4 as adopted by the EAC on 4/1/87. ^�m 4. Petitioner shall incorporate the existing cabbage palms on site into the landscape plan. If necessary and where 2 1.`""'`�_ r~-*‘, Staff Report FAC Meeting 8/17/88 Page 3 feasible, the cabbage palms may be transplanted on site. ZPrepared by: �� _ Date: ......___F _..._7 _F-�- Reviewed by: _ . 7.1-i7----7-_ -1,_ Date: ___.t_/ (I--- ' /