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EAC Minutes 08/03/1988 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