EAC Minutes 06/15/1988 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL
DATE: June 15 , 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 X EDWARDS X
KURGIS X BIRCH X
SNYDER ABS WEEKS X
MINUTES BY: Dalila Mendez , Deputy Clerk
CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 10 : 10 A.M
PRESIDING: John P. Cardillo, Chairman
ADDENDA TO THE AGENDA:
1. Status Report of the County' s relating of the Con-
servation and Coastal Management Elements.
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ENVIRONMENTAL ADVISORY COUNCIL JUNE 15 , 1988
ITEM: PETITION PDA-88-7C ADMINISTRATIVELY APPROVED BY
NRMD - There were no further comments on this
petition.
*****
PETITION NO. R-88-4C
FILED BY/FOR: Charles L. Shumway of First Plaza Corporation of
Naples, Inc.
REQUESTING: A zoning change from RSF-1 to PUD "Hidden
River"
REPRESENTED BY: Ms. Ellen Goetz, Landscape Architect, advised
that site plans had been modified; units were
reduced to 55 total units; wetlands would be
used as retention area as per NRMD jurisdic-
tions, and water management plans would be
incorporated. Also, that the lake had been
decreased from 2 acres to 1. 4 acres, and a
recreation center would be located adjacent to
the lake.
Ms. Stevens confirmed the previous statement,
and added that the project ' s density had been
changed from 3 . 9 to 3 . 7 units per acre. She
noted that NRMD recommends approval of the
revised site plan subject to the Stipulations
of the original staff report, with
Stipulations 5 6 and 7 incorporated into one
stipulation.
In response to Dr . Benedict, Ms. Stevens
explained that Stipulation 8 was being
rewritten and would also be included.
MOTION: Made by Ms. Kurgis to approve Petition R-88-4C,
with revised recommendations with Stipulation 5
reading: the site plan shall be modified to
include designation of the wetland preserve
retention area; Stipulation 8 shall also be
included. Seconded by Mr. Cardillo. Carried
3/1. (Mr. Below opposed) .
STIPULATIONS:
1. Petitioner shall be subject to Ordinance 75-21
(or the tree/vegetation removal ordinance in
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ENVIRONMENTAL ADVISORY COUNCIL JUNE 15, 1988
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
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
or a designated consultant to assess the find
and determine the proper course of action in
regard to its salvageability. The Natural
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ENVIRONMENTAL ADVISORY COUNCIL JUNE 15, 1988
Resources Management Department will respond to
.-. any such notification in a timely and efficient
manner so as to provide only a minimal interrup-
tion to any constructional activities.
5. The wetland area designated by the petitioner on
the revised site plan (south of the lake) shall
be preserved and incorporated into the water
management. plans of the development as a dry
retention site. This area shall be fenced
off prior to development of the parcel to avoid
unnecessary damage to the wetlands habitat.
6. Littoral zones of the lake shall maintain a
slope of 4: 1 to a depth of 4 feet. The slope
of lake shores adjacent to wetland areas shall
be more gradual (preferably 10: 1) . All littoral
zones shall be revegetated with native aquatic
species, and the encroachment of exotic vegeta-
tion in these areas shall be controlled.
*****
PETITION NO. R-88-10-C
FILED BY/FOR: Dr . John A. McCoy, trustee, Health Care
.-. Associates
REQUESTING: A zoning a change from A-2 •& RSF-3 to PUD
Surrey Place Convalescent Center
REPRESENTED BY: _ George Hermansonn of Hole, Montes, & Associates
Inc.
COMMENTS: A representative from Hole Montes, & Associates
Inc. , stated that the subject site is approxi-
mately 14 . 28 acres located south of Immokalee
Road. He described the area as having pine
flatwoods; Brazilian pepper , Xeric scrub; scrub
live oak, wire grass, etc. He also stated that
a man-made pond was located on site. He noted
that the staff report had been reviewed and
agreed with the stipulations listed and also
with the preservation of the oak impacted areas
which would result in the relocation of
the parking area .
Ms. Stevens concurred with the aforementioned
description of the site but emphasized that
NRMD' s main concern was the maintenance of the
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ENVIRONMENTAL ADVISORY COUNCIL JUNE 15, 1988
oaks on site through habitat preservation and
.-. the transplanting of individual trees . She noted
that NRMD recommends approval, with the four
standard stipulations along with two additional
stipulations which require the preservation of
the oak habitat and the transplanting of oak to
landscaped or conservation area .
In response to- the question about the fencing
off the construction area, Ms. Stevens advised
that due to past, difficulties inpreservation
areas, a fence or barricade was required.
Dr . Benedict expressed his preference to the
wording of line two of Stipulation #6 and said
it should read: - the petitioner , where feasible,
will maintain the other xeric oak habitat.
MOTION: Made by Dr. Benedict to recommend approval of
Petition R-88-10C, subject to the following
stipulations; Stipulation 6 modified as pre-
viously stated and with the addition of
STIPULATION 7. Seconded by Mr. Below. Carried
unanimously.
1. Petitioner shall be subject to Ordinance 75-21
(or 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
Departmert for their review and subject 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 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.
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ENVIRONMENTAL ADVISORY COUNCIL JUNE 15, 1988
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 recreation 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. 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. The oak habitat along the western boundary of
the parcel shall be maintained as a conservation
area. This will require the relocation of a pro-
posed parking area. The boundary of this ha
bitat shall be flagged by the petitioner, and
subject to the review and approval of NRMD.
This conservation area shall be so designated on
a revised site plan. The area shall be fenced
off prior to development activity.
6. Regarding the oaks located outside the conser-
vation area designated according to Stipulation
#5, the petitioner where feasible will maintain
the other Xeric oak habitat. If development
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ENVIRONMENTAL ADVISORY COUNCIL JUNE 15,1988
prohibits preserving individual oak trees in
place, the petitioner shall transplant these
trees to landscape areas within the development,
or to the conservation area. The petitioner
shall work closely with NRMD during the Tree
Removal permitting process to determine which
trees may be successfully transplanted.
7. The same procedure for a gopher relocation
(Florida Game and Fresh Water Commission) shall
be followed in the event a gopher tortoise is
found.
*****
PETITION NO. STD-88-12.0
FILED BY/FOR: Shell Western E & P, Inc.
REQUESTING: A special treatment permit for 40 . 2 miles of
seismic- lines through various unnamed wetlands
in the Area of Critical State Concern just
north of Big Cypress National Preserve.
REPRESENTED BY: T.A. Herbert and Associates
COMMENTS: Dr . Tom Herbert of T. A. Herbert & Associates,
agent for Shell Western referred to the map on
the wall and briefly explained the sections . He
noted that the work would be completed between
the end of the summer to the early part of the
fall. Mr . Below indicated that the water level
in this part of the year was at its highest, but
Mr . Herbert noted that the work was scheduled
for this time. Mr . Herbert added that a follow-
up of last year ' s work was in progress and
documentation of the regrowth was being com-
piled.
In response to Mr . Below, Mr . Herbert advised
that they were in compliance with Department of
Environmental Regulation (DER) permit stipula-
tions .
Mr . Edwards noted that Staff concerns were two-
fold. First, the destruction of vegetation and
routing of soils would be more pronounced;
wildlife behavior patterns would be disrupted
due to increased activity. Secondly, the
"larger picture" of cumulative impacts on the
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•
ENVIRONMENTAL ADVISORYCOUNCIL JUNE 15 , 1988
wetlands and other habitats-, protected species ,
was- another major concern. In addition,
this area has been proposed as a boundary exten-
sion for the Big Cypress. National Preserve and
the petitioner has agreed to submit. an
Environmental Impact Statement detailing effects
as related to Shell Western's site activities.
He noted that Staff recommends approval and
Shell Western is agreeable to the stipulations.
In response to Dr .- Benedict, Mr . .Edwards •
explained that the latest staff report is more
in keeping with the petitioner ' s proposal.
Mr . Hewitt of Shell Western, stated that he had
met with Staff and the issues were discussed
thoroughly, but he explained that Shell Western
could not undertake oil-related activities in
the area. He noted that the petition involved
seismic activities.
Responding to Dr . Cardillo, Dr . Proffitt
explained that the habitats are very similar to
that of the Preserves.
Dr . Benedict asked about the colored lines on
.� the map; Dr . Herbert reiterated that the "blue"
had been completed; the activities were per-
formed on a line-by-line basis with the
assistance of DER observers.` He noted that they
were now in the process of reviewing the area
and vegetation has been observed.
Mr . Birch advised that he had flown with
Shell representatives and several photographs
were taken; he said that he had inspected the
site and impacts were minimal. He agreed with
Dr . Benedict that the area should be checked
again.
Ms. Kurgis expressed concern about the animal
life in the area and the helipcopter distur-
bance in the area, however , Dr . Proffitt said
that special precautions were dictated by Fish
and Wildlife.
Dr . Herbert explained that before the work is
begun, permitting processes outline the areas to
be avoided. He noted that their equipment is
designed to work in this type of environment to
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ENVIRONMENTAL ADVISORY COUNCIL JUNE 15 , 1988
generate minimal impact. He reiterated that
their operation has been done in compliance with
all the State agencies , as well as the County,
that have jurisdiction.
MOTION: Made by Mr. Below to recommend a• •roval of Petition
STD-88-12C with the referenced stipulations as
indicated below. Seconded by Dr. Benedict.
Carried 3/1. (Mr. Cardillo opposed) .
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
retained native vegetation 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 recreation 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,
Page 9
ENVIRONMENTAL ADVISORY COUNCIL JUNE 15, 1988
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
salvageability. The Natural Resources
Management Department will respond to any such
notification in a timely and efficient manner so
as to provide only a minimal interruption to any
constructional activities.
*****
NEW BUSINESS: Revised wording for Standard Stipulation #2
(Native Landscaping)
Ms. Muldoon, Natural Resources Management,
• stated that due to a continued problem with the
wording of Stipulation #2, she was requesting a
change. She noted that Stipulation #2 requires
a submittal of landscape plans for all rezones,
provisional uses and PUD' s. She noted that the
Stipulation does not make any distinction bet-
- ween landscape plans for single-family homes,
multi-family dwellings, etc. and since single-
family homeowners implement their own
landscaping, the developer should not be
required to submit a landscaping plan for them,
she added. She noted that developers submit a
typical landscaping plan with about 60o native
vegetation which is the requirement for
assessing the land. However , she stated there
were two solutions to the problem, one was to
incorporate wording into Stipulation #2 which
would exempt the single-family homeowner , and
secondly, require deed restrictions in the PUD
stating that single-family homeowners must uti-
lize landscaping plans under this restriction.
She noted that the County Attorney had stated
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ENVIRONMENTAL ADVISORY COUNCIL JUNE 15 , 1988
that. this requirement could be incorpororated
into the PUD because the County cannot require
deed restrictions otherwise.
Mr . Cardillo asked how this provision would
affect the developers ' right to remove trees in
residential lots? Ms. Muldoon responded that
the developer could not remove trees on a
residential lot. She noted that the PUD sta-
tes that a developer must get a tree removal
permit.
Mr . Below noted there should be a stipulation
which should make single-family buyers adhere
to the same native vegetation landscaping
plans-as a developer is required to submit .
Dr . Benedict agreed that the single-family
homeowner should have the same environmental
awareness as a developer and should comply with
the native vegetation landscaping plans. He
recommended that the wording of Stipulation #2
include both the single-family homeowner and
the developer; indicate deed restrictions and
reflect that individual site permits be sent to
NRMD. He noted that Staff should get together
with Mr . Weigel to have appropriate modifi-
cation wording for Stipulation #2 as previously
indicated.
*****
There being no further business, the meeting was adjourned
by Order of the Chair .
ENVIRONMENTAL ADVISORY COUNCIL
John P. Cardillo, Chairman
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