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EAC Minutes 07/06/1988 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: July 6, 1988 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT CARDILLO X PROFFITT X BELOW X STEVENS X BENEDICT ABS EDWARDS X KURGIS X BURCH X SNYDER X MINUTES BY: Dalila Mendez, Deputy Clerk CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 9 :35 A.M PRESIDING : John P. Cardillo, Chairman ADDENDA TO THE AGENDA: 1 . Item added by Mr. Cardillo re Dr . Proffitt ' s resignation. 2 . Item added by Ms. Kurgis re an article in the newspaper on Alligator Alley. I Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA July 6, 1988 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES: III. ADDENDA IV. STAFF REPORTS A. PETITIONS ADMINISTRATIVELY APPROVED BY NRMD 1. R-88-5C; Alan D. Reynolds of Wilson, Miller, Barton, Soll, & Peek, Inc. , representing Show America Attractions, Inc. ; requesting a zoning change from C-3 to C-5 for a minature golf course. 2. PU-88-12C; Dr. Neno J. Spagna, Florida Urban Institute, Inc. , representing The Shelter for Abused Women of Collier County, Inc. , Barbara Widman, President; requesting a provisional use "6.3) (f)" of RMF-6 for Shelter for Abused Women of Collier County, Inc. 3. R-88-12C; William E. & Mary Ellen Stroble; requesting a zoning change form GC to RSF-3 for a single family residence. 4. PDA-88-6C; Joseph S. Boggs of Bruce Green & Assoc. , Inc. , representing Carl M. Fernstrom, Trustee; requesting a PUD Amendment to Eastridge. 5. PU-88-14C; Bill Griffin, Collier County EMS; requesting provisional use 8-10-B of Ordinance 82-2 for Essential Service - EMS Substation. V. OLD BUSINESS A. R-87-23C; Dr. Neno J. Spagna of Florida Urban Institute, Inc. , representing Hubschman Associates; requesting a zoning change from E to PUD Edenwood. Continued at petitioner's request. VI. PUBLIC HEARINGS A. PU-88-13C; Joseph S. Boggs of Bruce Green & Associates, Inc. , representing Celebrity Golf Development; requesting a provisional use C of C-4 for a Miniature Golf Course. B. R-88-11C; Dr. Neno J. Spagna of Florida Urban Institute Inc. , representing Anthony F. Jancigar; requesting a zoning change A-2 & A-2 ST to PUD. C. R-88-9C; Michael F. Stephen, Ph.D. of Coastal Engineering Consultants, Inc. , representing Marina South, Inc. ; requesting a zoning change from RMF-6 and MHRP to RO and PUD -- "South- pointe Yacht Club". VII. NEW BUSINESS 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, July 4, 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 JULY 6, 1988 ITEM: Minutes of June 1 , 1988 and June 15, 1988 MOTION: Made by Dr. Snyder to approve the minutes of June 1 , 1988, with the corrections indicated below and to approve the minutes of June 15, 1988, as presented. Seconded by Ms. Kurgis. Carried 4/0. Page 2 , 2nd paragraph from bottom, the words "small cypress impacted areas" should read "impacted cypress areas" , and the words "clear them and mitigate their loss" should read "or clear them of exotics and mitigate their loss" . Page 6 , second paragraph, the words "Shealso" should read "She also" . ***** PETITION NO: PDA-88-6C, Joseph S. Boggs of Bruce Green & Associates, Inc. representing Carl M. Fernstrom, Trustee; requesting a PUD amendment to Eastridge. COMMENTS: In response to Ms. Kurgis, Mr. Edwards advised that Ms. Muldoon had conducted a site visit to the above mentioned site, and she had verified that it is not a "cypress head" . He noted that there was a mistake in the original PUD docu- ment , and Ms. Muldoon agreed that the language should be changed to "native vegetative area" , as per her memorandum dated May 6, 1988 . ***** PETITION NO: R-88-11-C FILED BY/FOR: Dr . Neno Spagna of Florida Urban Institute, Inc . , representing Anthony F. Jancigar REQUESTING: A zoning change from "A-2" & "A-2 ST" to "PUD" for interchange-related commercial uses for 8 . 87 acres on the south side of Pine Ridge Road, west of I-75 to be known as Pine Ridge Center West PUD. REPRESENTED BY: Dr . Neno Spagna Page 2 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 COMMENTS: Dr . Neno Spagna stated that both he and Mr. Jancigar have read the staff 'report and concur with it . Ms. Stevens described the northwest corner of the parcel as an ST overlay of the designated A-2 zoning. She noted that the bordering road- ways; Pine Ridge Road and Good Earth Drive, have disrupted the historical water flow through this ST area, resulting in considerable lowering of the water table, and subsequent exotic invasion. She noted that only scattered cypress remain in the area; however, slash pines are becoming established in the northwestern corner. She also noted that outside the ST area, the habitat of the northern half of the parcelconsists of a predominance of shrub layer vegetation. She stated that two or three former hedge rows cross the property, and support a dense growth of saw palmetto with gallberry, wax myrtle and small cabbage palms . She noted that the southern half of the parcel supports an open canopy of slash pine with a scattering of small cypress with 4"-6" DBHs. She continued by stating that small islands of palmetto make up the only shrub layer vegetation in this area, with a groundcover dominated by various grasses; some pennyroyal, and St . John' s Wort . Ms. Stevens advised that NRMD recommends appro- val of petition R-88-11C, subject to the four standard stipulations as well as two additional stipulations. In response to Mr. Below, Dr . Spagna said that if any gopher tortoise were seen on site, he would work in conjunction with the Florida Game and Freshwater Fish Commission and the Natural Resources Management Department to protect then. Ms. Stevens advised that there is a stipulation included in the recommendation to protect any gopher tortoise . Ms. Kurgis asked if the cypress would be in the water retention area, to which Ms. Stevens responded that a few of them would be. MOTION: Made by Ms. Kurgis to recommend approval of Petition R-88-11C subject to the stipulations indicated below. Page 3 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 Seconded by Dr. Snyder. Carried 3/1. (Mr. Below opposed) . 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 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 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- A 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 Page 4 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 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 . The petitioner shall, where feasible, transplant native shrub and tree species suph as wax myrtle, dahoon holly, and cabbage palm, into landscape areas of the development . 6 . The necessary procedures for gopher tortoise relocation (Florida Game and Freshwater Fish Commission) shall be followed in the event a gopher tortoise is found on site. ***** PETITION NO: R-87-23C FILED BY/FOR: Dr. Neno Spagna of Florida Urban Institute, Inc . , representing Hubschman Associates. REQUESTING: A zoning change from "E" to "PUD" for Edenwood REPRESENTED BY: Dr . Neno Spagna COMMENTS: Ms . Stevens advised that it has been determined that half this property falls under the juris- diction of the Army Corps of Engineers and the/ project is now being reworked. Dr. Spagna advised that he is no longer the agent for the project and would provide a copy of a letter to the Committee stating this. As a result , Mr. Cardillo suggested that this item be taken off the agenda. ***** Page 5 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 PETITION NO: PU-88-13C FILED BY/FOR: Joseph S . Boggs of Bruce Green & Associates, Inc. representing Celebrity Golf Development REQUESTING: A provisional use "C" of "C-4" for a miniature golf course located south of the intersection of U. S . 41 and Rattlesnake Hammock Road consisting of 3 . 9 acres . REPRESENTED BY: Joseph S. Boggs COMMENTS: Mr . Joseph S . Boggs, representing the petitioner, advised that he has walked the site with Mr. Burch and agrees with the staff report. He stated that he does not agree with staff ' s recommendation regarding restoring the historic water level in the remnant cypress habitat area. He indicated that it would be impossible to comply with this request , since this area is proposed to be used in the project 's water management plans. He noted that the site is surrounded by drainage canals on two sides. Mr . Burch confirmed the fact that there are drainage canals on two sides and that the pro- perty is surrounded by development. He noted that the area was formerly a transitional pine/cypress area forest but has recently become stressed by the surrounding development. He noted that the area is moderately invaded by non-native species. He noted that further deve- lopment will not be significant in this area and recommends approval of the petition with the understanding that the historic water level be restored as part of the storm water management designs for the project and that the native epiphytes be relocated within the cypress pre- serve areas. In response to Mr. Cardillo, Mr. Boggs advised that the sale of this property is contingent upon acquiring a provisional use. Mr . Below stated he did not see how the historic water level could be restored and suggested that Stipulation #5 be reworded. He noted that it should state that "it should be designated as a preserve area" in the PUD. Dr. Snyder Page 6 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 expressed his views, and stated that it seems that they are meeting the water management requirements . Mr. Boggs, however, explained that this area is the natural location for the water management area. Dr. Snyder noted that Stipulation #5 , should be re-worded the following way: Storm water management designs shall utilize the remnant cypress habitat that is located in the northeastern corner of the property as a water retention area; this area shall be maintained as a preserve. MOTION: Made by Mr. Below to recommend approval of Petition PU-88-13C subject to the stipulations indicated below. Seconded by Dr. Snyder. Carried 4/0. 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 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 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 Page 7 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 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 . Storm water management designs shall utilize the remnant cypress habitat that is located in the northeastern corner of the property as a water retention area; this area shall be maintained as a preserve . 6 . Native epiphytes, such as air plants (Tillandsia spp. ) or orchids (any ephytic members in the family Orchidaceae) that exist in trees which must be cleared for development shall be relo- cated into compatible host trees within the cypress preserve area. ***** PETITION NO. : R-88-9C FILED BY/FOR: Dr. Michael F. Stephen of Coastal Engineering Consultants, Inc . , representing Marina South, Inc. Page 8 - ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 REQUESTING: A zoning change from "RMF-6" and "MHRP" to "RO" and "PUD" -- "Southpointe Yacht Club" . REPRESENTED BY: Michael F. Stephen, Ph.D. COMMENTS: Dr . Michael F. Stephen, stated that both the petitioner and he are supportive of the staff report, and agree with all the recommendations. He noted that he would like to offer some alter- nate language, however, for stipulation #6. He noted that this stipulation states that "the master plan shall be amended to specifically prohibit on-site fuel facilities" . He said that it would be more appropriate to actually include the language pertaining to fuel facilities in the PUD document itself . He referred to Section 4. 1 . 3 and noted that rather than excluding this option where such services historically have been available, he would propose that this language be placed in the PUD document, and that if at any time in the future fueling facilities might be deemed appropriate at the site, there should be a requirement that specific plans be developed and presented to the NRMD and brought back to the EAC . He noted that at the present time, fuel facilities have not been given any consideration, however, he would appreciate if the language is included in the PUD document for future use. Dr. Proffitt concurred that it would be more appropriate to have a PUD amend- ment to change the language. Mr . Edwards noted that the upland area has been heavily disturbed in the past due to the existence of the fish camp and the latter chan- nel excavation activities. He noted that the area has a few canopy specimens consisting mostly of scattered slash pine, cabbage palm and australian pine. He noted that there are three oak trees in the northern half of the upland area. He noted that red mangroves grow along the northern boundary of the property and the banks of the northern channel . He noted that scattered palmettos and brazilian peppers constitute the understory layer along with several brazilian peppers. He noted that the majority of the vegetation is in the form of a weedy groundcover species which includes grape vine, coast sandspur, ragweed, railroad vine, Page 9 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 dog fennel and assorted graminoids. He noted that the small island in the 'boat basin is also dominated by weedy groundcover species and is lacking in any canopy or understory vegetation. He stated that NRMD' s concern is with the water and sediment quality of the area, and referred to Figure 1 , Appendix 1 , which is the results of the sediment chemical analyses of the boat basin, both channels, and adjacent areas of Naples Bay contiguous to the project site. He noted that the tests specifically looked at con- centrations of several heavy metals as well as monitoring for the EPA' s 610 compounds. He stated that Mr. Max Hatcher of the Collier County Environmental Science and Pollution Control Department reviewed the figures and stated that all of the metals and the hydrocar- bons were within limits set for clean water . He noted that NRMD recommends approval of the peti- tion, and reiterated that the uplands area have been extensively disturbed. He stated, however, that since there are several native canopy spe- cies on site, they should be utilized in the landscape plans. Mr. Edwards said that the concern regarding the fuel facilities are covered under stipulation #6. Mr. Stephen agreed with Dr . Proffitt ' s previous recommen- dation that a PUD amendment would be more appropriate than a stipulation with regards to fuel facilities. He suggested that stipulation #6 should indicate that fuel facilities shall only be allowed by PUD amendment , including con- ceptual plans. Dr . Stephen agreed with Dr. Snyder ' s statement that a PUD amendment would be sufficient , but explained that it would be beneficial to indi- cate that specific plans would be required for the fueling facilities. Mr . Cardillo then repeated the new wording of for Stipulation #6 , however, the words "shall be allowed" were replaced with the following: it will be allowed only by PUD amendment . Responding to Mr . Below, Mr . Stephen expounded that there are 72 boat docks within the County, which will remain the same under the PUD. He noted that there are approximately 12 - 15 Page 10 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 potential single-family lots that would be allowable within the City to 'the west of the PUD. Ms. Kurgis asked if this project has pre- viously been before the Committee? Dr. Stephen responded that this is a separate project , and said that in 1982 they had appeared before the Committee on a separate issue. MOTION: Made by Ms. Kurgis to recommend approval of Petition R-88-9C with the stipulations as indicated below. Seconded by Dr. Snyder. Carried 4/0. 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 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 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 Page 11 ENVIRONMENTAL ADVISORY COUNCIL JULY 6, 1988 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 . Petitioner shall utilize the existing native canopy species in the landscaping plan. If necessary, and where feasible, individual speci- mens may be transplanted on site. 6 . Fuel facilities for the Yacht Club are not now permitted, but in the event that they are desired at some future date, they will be allowed only by PUD amendment , including the conceptual plans for the fueling facilities. Approval by the EAC does not relieve the deve- lopment from County, State and Federal permits and/or authorizations that may be required. ***** ITEM: Addenda COMMENTS: Mr . Cardillo congratulated Dr. Proffitt on his newly acquired position and wished him well in all his future endeavors. Ms. Kurgis indicated that there was an article in the Naples Daily News regarding the construc- tion of I-75 , the canals and the side slopes Page 12 t ENVIRONMENTAL ADVISORY COUNCIL JULY 6 , 1988 along Alligator Alley and questioned what DOT is doing regarding this matter, •to which Dr. Proffitt advised that they will be checking the side slopes to be sure that they are in compliance with all requirements. ***** There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COUNCIL John P. Cardillo, Chairman • Page 13 MEMORANDUM TO: All NRMD Staff FROM: Kate Muldoon, yelopment Compliance Specialist DATE: June 21, 1988 RE: Wording for PUD, rezone and provisional use stipulations Please be advised that the Assistant County Attorney has judged that, in order to stipulate that an area remain a Preserve, the wording should state that "the area shall be a Preserve", rather than "the area shall be preserved".