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EAC Agenda 06/15/1988 ENVIRONMENTAL ADVISORY COUNCIL AGENDA June 15, 1988 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES: III. ADDENDA IV. STAFF REPORTS A. PETITIONS ADMINISTRATIVELY APPROVED BY NRMD 1. Petition PDA-88-7C; Lely Development Corporation requesting a PUD document language amendment. 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. B. R-88-4C; Charles L. Shumway of First Plaza Corporation of Naples, Inc. ; requesting a zoning change from RSF-1 to PUD - "Hidden River". VI. PUBLIC HEARINGS A. R-88-10C; George Hermanson of Hole, Montes, & Associates Inc. , representing Dr. John A. McCoy, trustee, Health Care Associates; requesting a zoning change from A-2 & RSF-3 to PUD known as "Surrey Place Convalescent Center". B. STD-88-12C; 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. VII. NEW BUSINESS A. Revised wording for Standard Stipulation 1/ 2 (Native Landscaping) . 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, June 13, 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. ********** ********** ********** ********** ********** ************************************************************************ EAC Agenda Form MEMORANDUM TO: EAC Members FROM: Dr. Edward Proffitt DATE: June 9, 1988 RE: June 1, 1988 EAC Minutes The minutes for the June 1, 1988 Environmental Advisory Council were not prepared in time for the mailing of materials for the June 15, 1988 EAC meeting. Copies of the minutes should be available at the meeting. EP/emw r r MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: June 1, 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 ABS STEVENS X BENEDICT ABS EDWARDS X KURGIS X SCHEFF X SNYDER X MINUTES: Taken by Ellie Hoffman and transcribed by Dalila Mendez , Deputy Clerks CALLED TO ORDER AT: 8: 45 A.M. ADJOURNED: 9 : 50 A.M PRESIDING: John P. Cardillo, Chairman ADDENDA TO THE AGENDA: None /"N Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA • June 1, 1988 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES: III. ADDENDA - IV. STAFF REPORTS A. PETITIONS ADMINISTRATIVELY APPROVED BY NRMD 1. Petition PDA-88-4C; Thomas T. Crandall, of Collier County Utilities Division, representing the Board of County Commissioners, EX-Officio the Governing Board of Collier County Water-Sewer District; requesting a PUD Amendment to "Foxfire" PUD, Section VI, Tract D, Fire Station site. 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-88-9C; Q. Grady Minor of Q. Grady Minor & Associates. , P.A. , representing Hubschman & Associates; requesting a provisional use "b" of A-2 for Earth mining. B. PDA-88-5C; Alan D. Reynolds, AICP, of Wilson, Miller, Barton Soll, & Peek, Inc. , representing Leisure Technology of Florida, Inc. ; requesting a PUD amendment to Bretonne Park. C. PDA-87-11C; Charles E. Turner of Westinghouse Communities of Naples, Inc. , representing Westinghouse Communities of Naples, Inc. , requesting a PUD Amendment to Pelican Bay PUD.. D. STD-88-12C; 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. VII. NEW BUSINESS Note: Mr. Snyder filed a conflict of interest form regarding this petition, therefore, there was VIII. DISCUSSION OF ADDENDA not a quorum and the petition was not heard. IX. ADJOURNMENT X. WORKSHOP ************************************************************************ NOTES: • A. Notify the Natural Resources Management Department (774-8454) no later than 5 P.M. on Monday, May 30, 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. **;k******* ********** ********** ********** ********** ************************************************************************ EAC Agenda Form ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 ITEM: Approval of minutes of May 18, 1988 MOTION: Made by Ms. Kurgis to approve the minutes of May 18, 1988 as presented. Seconded by Dr. Snyder. Carried 3/0. PETITION NO. R-87-23C Dr . Neno J. Spagna of Florida Urban Institute, Inc. , representing Hubschman Associates; requesting a zoning change from "E" to PUD Edenwood. COMMENTS: Continued at petitioner ' s request. PETITION NO. PU-88-9C FILED BY/FOR: Hubschman & Associates REQUESTING: Provisional Use "b" of A-2 for Earth Mining. REPRESENTED BY: Q. Grady Minor & Associates COMMENTS: Mr . Q. Grady Minor described the proposed area as a 141 acre parcel located north of U. S. 41; the parcel contains an existing 55 acre farm field, the remaining 86 acres of the site is vegetated mostly with pine (Pinus elliotti var densa) and cajeput (Melaleuca quinquenervia) canopy. There are two small cypress impacted areas within the area, one is 0 . 41 acres, and the other is 0 . 49 acre. He said that they have agreed to let Staff field inspect these two areas and based on Staff ' s findings, they will preserve the areas and include them in the water retention system, clear them and miti- gate their loss. Mr . Edwards advised that there is an existing farm field; the remaining 86 acres is dominated by slash pine; melaleuca canopy is quite dense in several areas forming a monocultural stands . The understory is dominated by brazilian pepper and wax myrtle, scattered individuals of salt bush and remnant bald cypress and the ground cover is dominated by sedge and graminoid spe- cies. He said that NRMD will survey the areas and, if the areas are viable wetland areas, Page 2 ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 will mark these areas prior to any clearing activity. The irrigation pond and detention lake are located mostly within the existing farm field and the 5 . 4 acre detention lake, is part of the 8 . 8 acre detention area, and is located entirely in the farm field. Three- quarters of the irrigation is located in the existing farm field and the remaining northern quarter would be located in an area of slash pine melaleuca graminoid vegetation. Mr . Edwards stated that Staff recommends appro- val of subject to the following 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 subject to approval prior to any work on the site. This plan may be sub- mitted in phases to coincide with the develop- ment 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 subject 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 habi- tat 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 Page 3 ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspec- tion intervals, shall be filed with and sub- ject to approval by the Natural Resources Management Department and the Community Development Division. 4 . If, during the course of site clearing, exca- vation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all develop- ment 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 salvageabi- lity. The Natural Resources Management Department will respond to any such notifica- tion in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities . 5 . The two cypress areas will be surveyed by NRMD, prior to issuance of a notice of commen- cement. If deemed preservable, the areas shall be preserved ad incorporated into the water management system. If, however , NRMD allows the two areas by planting an equal sized area in the detention area. Native littoral species shall be planted and a proper maintenance program (removal of invading exo- tics) instituted. Dr . Snyder asked if most agriculture activi- ties used irrigations ponds or is water taken directly from the ground. Mr . Grady advised that most do not and noted that in this case they wanted a pond for the following reasons: one is to try to get some normal water from the pond in the winter and another reason is to save on wells. Ms . Kurgis asked if there was a technical description for earth mining, is farming included and moving of soil. Mr . Proffitt Page 4 ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 noted that this process is called excavation. Mr . Grady advised that some of the lakes would be excavated and use some of the material will be used for berm around the project to create water management system and the remaining fill will be hauled off-site. Mr . Cardill asked of the 141 acres involved how much of it would be proposed for mining. Mr . Grady explained that the irrigation pond and contigent pond totaled 11 acres and the rest of it will be at the existing ground elevation and bermed up to approximately six feet above ground level . MOTION: Made by Ms. Kurgis to recommend approval of PU-88-9C, subject to the above stipulations. Seconded by Mr. Snyder. Carried 3/0. ****** PETITION NO. PDA-88-5C FILED BY/FOR: Alan D. Reynolds, AICP, of Wilson, Miller , Barton Soll, representing Leisure Technology of Florida, Inc. REQUESTING: A PUD amendment to Bretonne Park. COMMENTS: Mr . Alan Reynolds stated that this is a request for a PUD amendment to the previously approved Brettone Park located on Davis Blvd. He then advised that also present were Cliff Snyder and Consulting Biologist Kevin Irwin. He noted that Mr . Irwin had spent a great deal of time with Staff and had done an environmen- tal analysis. Mr . Irwin gave a brief summary of the project. He referred to an aerial photograph which was taken earlier this year and also stated that the previous plan did not include the golf course. He noted that The Natural Resources Management report details a breakdown of acreages on the site and of the upland pre- serve area. He then clarified that there is not a decrease in upland preserve. He said an additional 13 acres of uplands was acquired which would not be impacted. Also, there are approximately 60 acres of uplands preserved on site; another important factor is the control Page 5 • ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 of melaleuca across the site. He said that the site has various uses and the upland pre- serve area will connect two wetland areas on the northeast portion of the site and proceed to the southwestern portion of the site. He noted that the Natural Resources Management Department made recommendations for the pro- ject. Ms. Stevens stated that the changes include the addition of a golf course; an increase in the amount of lakes; and a decrease in residential acreage. She noted that a utility maintenance area would also be added. Shealso noted that Natural Resources Director Proffitt has three main concerns for the proposed changes: the detrimental effect of golf course run-off on water quality in the lake; the extent of tree clearing proposed for the golf course, and ade- quate buffering of the wetland preserve. Approval was recommended subject to the four standard stipulations and stipulations from ori- ginal Staff report for Brettone Park, with the exception of Stipulation 11, of that report, which is no longer relevant. She then explained that there would be open space areas incor- porated into the golf course. Additional stipu- lations recommended for this amendment petition require that adequate buffered areas be included in the flagging of wetland preserve, the need of vegetation in golf course rough areas be maintained and water and sediment quality moni- toring program be undertaken in three of the project ' s lakes. She stated that the plan was environmentally better than the original plan for Brettone Park. Ms . Kurgis asked if Ms. Stevens was correct in stating that there would be a decrease in resi- dential acres? Mr . Reynolds responded that in the land use summary the tabulation of acres is devoted to land use and there are fewer acres on site devoted to residential land use since there are more acres that are devoted to recreation and open space. Ms . Kurgis then asked the difference between R-1 and R-2 to which Mr . Reynolds responded that R-1 was for single-family type uses and R-2 was for multi-family type uses . He continued by Page 6 ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 stating that it was now like a zero lot line patio home; there was a change in the type of product from the original Brettone Park. The original had a more conventional type multi-family whereas this project has a higher ratio of single-family uses. He noted that the type product being included was being done with less acres and the density remained the same. Dr . Snyder referred to the environmental sec- tion under endangered plants and asked if the examples listed were random examples or actual plants present at the site? It is a relati- vely open canopy area with many cypress and melauleca covering the area. Dr . Snyder then asked if there were any red woodpeckers on site and Mr . Erwin responded that there are red-cockaded woodpeckers and the area will be surveyed along with the project. MOTION: Made by Dr. Snyder to recommend approval of Petition PDA-88-5C with the stipulations included by Staff' s report. Seconded by Ms. Kurgis. Carried 3/0. 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 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 accom- modate this goal. 2. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and sub- ject to their approval . This plan will depict Page 7 ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 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 construc- tion from development areas , open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4 . 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 �-e 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 . Littoral zones along lake margins should be at a side slope ratio of no less than 4 : 1 out to a depth of three feet from mean low water levels . 6 . Water management designs should promote storm water runoff being channeled to and retained within wetland preserves . 7. Petitioner will 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. Page 8 ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 8 . Under the threat of destruction due to develop- ment, all protected plant species must be transplanted in undisturbed, preserve areas or areas subject to the approval of NRMD. Plants will be recognized as protected if listed in the "Official Lists of Endangered and Potentially Endangered Fauna and Flora of Florida" (compiled by the Florida Game and Fresh Water Fish Commission) or any other County, state, or federal lists that are officially recognized for the protection of plant and/or animal spe- cies. Plant species to be transplanted include but are not limited to the following: creeping orchid (Habenaria repens, butterfly orchid (Encydia tampensis) , twisted air plant (Tillandsia flexuosa) , golden poilypody fern (Phlebodium aureum) . All transplantings must be performed by qualified personnel subject to approval by NRMD. 9 . All specimens of the endangered cigar orchid (Cyrtopodium punctatum) must be removed and transplanted in areas subject to the approval of NRMD. All transplanting must be by qualified personnel subject to approval of NRMD. .-� 10 . All four wetland areas shall lbe preserved, as well as the oak hammock area found along the northern boundary of the northeastern wetland preserve. Prior to any development of surrounding lands, the preserves shall be flagged; flagging boundaries shall be verified by NRMD. 11. Deleted. 12 . A survey shall be conducted to verify the pre- sence or absence of the red-cockaded woodpecker (Picoides borealis) . If wood-peckers are found nesting with the parcel, the petitioner shall allow sufficient habitat to satisfy nesting requirements, and the petitioner shall satisfy all County, state (Florida Game and Fresh Water Fish Commission) and federal (U. S . Fish and Wildlife Service) stipulations concerning the woodpecker or any other protected plant/animal species on site at the time of permitting. 13 . The petitioner should investigate a program to reduce or prevent the growth of cattails (Typha Page 9 ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 latifolia) in the littoral shelf zone of lakes to be constructed within the project. Petitioner should consider vegetating at least portions of littoral shelf zone with native species of aquatic plants (NRMD would be pleased to provide pertinent literature and/or suggested species) . 14 . For all the stipulations above mutual agreements must be reached between NRMD and personnel of the Bretonne Park development. If mutual agreements cannot be reached, the matter will be brought before the EAC or whatever County environmental review board is in power at the time of disputes; this governing entity will act as an arbitrator for disputes. If arbitration is futile, the matter will be brought before the Board of County Commissioners who will act as the final arbitra- tor . PETITION NO. PDA-87-11-C FILED BY/FOR: Westinghouse Communities of Naples, Inc. REQUESTING: A PUD Amendment to Pelican Bay PUD. REPRESENTED BY: Charles E. Turner of Westinghouse Communities .-. of Naples , Inc. COMMENTS: Mr . Charles Turner , Director of Planning, Westinghouse Communities of Naples, Inc. , advised that the petition was a text change to the Pelican Bay PUD to allow nine additional golf holes to main facilities at Pelican Bay. He stated that this would allow them to have golf courses in certain residential areas in Pelican Bay and the specific site plan would be subject to approval by Collier County. He said that the site specific aspect of this proposal will follow; the amendment that they are requesting is to adjust the text so that the golf course would be permitted in case they decided to add additional holes. He said that Dr . Proffitt has requested a water quality analysis; they have collected data through the years on their run-off water quality and the results of that analysis are included in the agenda packet. Also, he said Dr . Rossler of Tropical Biolndustries has assisted them in this analysis and can now answer any technical questions. Page 10 ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 Dr . Proffitt, however , observed that Mr . Turner had summarized the request quite efficiently. He stated that data was very seldom received but in this case Pelican Bay had provided all necessary data and Dr . Rossler has provided the Board with data on a floppy disk that will aid in reporting about development phases in Pelican Bay. He then referred to Page 2 of the Staff report where details of the findings are outlined. He noted that it was fairly clear that some of the areas were experiencing nutrient loading. Dr . Proffitt referred to the IF-3 and Mr . Turner noted that there was a natural pond although it was significantly enlarged. Dr . Proffitt noted that Staff is recommending approval of the petition with standard stipulations; also that water quality monitoring continues; and that pesticides be explored. Dr . Snyder referred to the introductory remarks and stated that he was not certain on what the board was approving. He noted that this petition was not actually to put in a golf course, but to allow for an additional '-` golf course in the future which could be sub- ject to change. He recommended that the board make Stipulation #7 to see the plan when completed for review. MOTION: Made by Ms. Kurgis to recommend Approval of Petition PDA-87-11-C with standard stipulations 1 through 6 as indicated on the Staff report and with the addition of Stipulation #7 . Seconded by Dr. Snyder. 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 Page 11 ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 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 subject 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 habi- tat characteristics lost on the site during construction or due to past activities . 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which l 1 will describe control techniques and inspec- tion intervals, shall be filed with and sub- ject to approval by the Natural Resources Management Department and the Community Development Division. 4 . If, during the course of site clearing, exca- vation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all develop- ment 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 salvageabi- lity. The Natural Resources Management Department will respond to any such notifica- tion in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities . 5 . Clearing in the rough areas of the golf course will be held to the minimum amount practical to retain as much native habitat as possible. Page 12 ENVIRONMENTAL ADVISORY COUNCIL JUNE 1, 1988 6 . Water quality monitoring will continue. However , staff recommends that Westinghouse and PIBD explore with the regulatory agencies the possibility of dropping certain autocorre- lated parameters (and maybe adding some pesti- cide or meteral monitoring. ) 7. Final site plan to come back to the EAC for approval in as much as Mr . Turner has agreed. There being no further business, the meeting was adjourned by order of the Chair . ENVIRONMENTAL ADVISORY COMMITTEE John P. Cardillo, Chairman 'II Page 13 MEMORANDUM TO: EAC Members FROM: Kate Muldoon DATE: June 10, 1988 RE: Revised wording for Standard Stipulation # 2 After consulting with County attorney, David Weigel, I am forwarding the following version to you of Standard Stipulation # 2. Please consider it the version which NRMD feels most appropriate. VERSION III 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 Community Development Division and the Natural Resources Management Department for their review and subject 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. A landscape plan shall not be required for any such lot zoned for or which will contain a single family residence and for which the subsequent home owner shall implement the landscaping. TO: EAC members FROM: Kate Muldoon DATE: June 15 , 1988 RE: Revised wording for Standard Stipulation # 2 VERSION I 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 Community Development Division and the Natural Resources Management Department for their review and subject 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 activites . Only lots zoned for or which shall contain single family residences (zero - lot line homes, etc. ) and which shall be landscaped by the subsequent home owner shall be exempt from the requirement of submitting a landscape plan. VERSION II 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 Community Development Divison and the Natural Resources Management Department for their review and subject 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. A landscape plan shall not be required for lots zoned for or which contain single family residences and for which the subsequent home owners shall implement the landscaping. UNDERLINED SECTIONS INDICATE WORDING THAT HAS BEEN ADDED. Ft ,-. FORM r 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE/ ,^ NAME / S" ' V D�✓'( fVM 1c s ��1 THE BOARD,WHICH I ERVEOIS UNCIL,COM OF;MISSION, AUTHORITY. OR COMMITTEE ON ASAILING ADDRESS 3 l S Ll` S 1, S( 0 CITY COUNTY 0 OTHER LOCAL AGENCY 0 STATE UTY COUNTY110Cicl (i 1 " /<<e J NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON W HIt H VOTE OCCURRED 6/ /7R�' (A /u') co . NAME OF'BOARD,COUNCIL.COMMISSION,AUTHORITY.OR COMMITTEE WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a'voting conflict of interest. • . As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. -- PART C of the form contains instructions as to when and where this form rpust be filed. -- PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and 1 (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on . /t'-t / , 19 _ : (a) I abstained from voting on a matter which (check one): inured to my special private gain; or �7 inured to the special gain of N414 �'^ '� ��'(f S<r"J c 1 , by whom I am retained. :E FORM 4-REV. IG.84 - PAGE .(b) The measure on which I abstained and the nature of my interest in the measure is as follows: + ( 41.u, „r�A u�,, 14- r , s (1 G.)t fie/ l� fi P • • • • l 1 c, Date Filed } g Si na ure Please see PART C for instructions on when and where to file this form. - PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes(Supp. 1984).] ,_ '- Each state public officer is permitted to vote in his official capacity on any matter. However,.any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on - , 19 •• (a) I voted on a matter which (check one): -- inured to my special private gain; or - inured to the special gain of , by whom I am retained. -he measure on which 1 voted and the nature of my interes in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. ;OTI( 'DER PROVISIONS OF FLORIDA STATUTES*I11317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTESGROUNDS FOR AND MAY E PL .,HED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. 'EMOTION.REDUCTION IN SALARY,REPRIMAND.OR A CIVIL PENALTY NOT TO EXCEED$5,000. )RM 4-REV.1044 PAGE: ' �� MEMORANDUM TO: Dr. Edward Proffitt Director, Natural Resources Management Department ~\ FROM: Keith Edwards Natural Resources Specialis __~_---- DATE: June 8, 1988 RE: Petition PDA 88 7C; Richard L. Klaas, President of the Lely Development Corporation; requesting a PUD Amendment to the Lely Barefoot Beach PUD. The petitioner is requesting an amendment to allow for several changes in the original Lely Barefoot Beach PUD document (85-83) . These changes are: /=N„ 1 . Reduction of the setback from Anguilla Lane, a beach access road in Unit #1 , Tract A, from 25' to 10' . This area is slated for single family residential , as is the rest of Unit #1 . However, the setbacks from beach access roads in the other tracts is already - set at 10' . ! his reduction will bring the Anguilla Lane setback in agreement with the rest of the other tracts (4. 3. B) . 2. Allow use of the "Active Community Recreation Area" by persons designated by the owners, their successors or assigns ( 12. 7. B) . 3. Provide for the dedication of tracts M, N, and 0 (mangrove wetlands along Little Hickory Bay) to Collier County instead of the state Department of Natural Resources (DNR) ( 16. 3) . ! he NRMD administratively approves petition PDA-88-7C, subject to any relevant stipulations originally approved in the PUD document. �� ~ ~ � ^ ."`‘ NATURAL RESOURCES MANAGEMENT DEPARTMENT (NRMD) STAFF REPORT FOR EAC MEETING 6/15/88 pgtitign: R-88-4C; Charles L. Shumway, of First Plaza Corporation of Naples, Inc. , representing Buckeye Investment Corporation; requesting a zoning change from RSF-1 to PUD ( "Hidden River" ) . Consider4igps: During the May 4, 1988 EAC meeting, the Council voted 5-0 to recommend denial of rezone petition R-88-4C ( "Hidden River" PUD) due to the proposed development of wetlands on the property and the project density (3. 9 units per acre) . The petitioner has submitted a revised site plan for the ("~N. parcel which includes the following changes: 1 . The lake has been shifted to the south, allowing for two rows of residential lots north of the lake, and one row of lots to the south of the lake. 2. A major portion of the NRMD (and U. S. Army Corps of Engineers) wetlands will remain undisturbed, and used as a dry retention area. The narrow strip of wetlands near the southwest corner of the parcel will still be developed. 3. The lake has decreased in size from 2 acres to 1 . 4 acres. 4. Project density has changed from 3. 9 to 3. 7 units per acre (from 60 to 56 total units on a 15. 3 acre parcel ) . 5. A recreation center is proposed for the northwest corner of the lake to provide lake access for the community. The following reference materials are included as attachments to this staff report: Attachment 1 : R-88-4C NRMD Staff Report for EAC Meeting 5/4/88. Attachment 2: NRMD wetlands delineated on original site plan for R 88-4C. ^�� Attachment 3: Minutes from 5/4/88 EAC meeting. Staff Report EAC Meeting 6/15/88 Page 2 R2ggiMEDdCktial�: The NRMD recommends approval of the revised site plan for petition R-88-4C subject to the stipulations of the original staff report (for EAC meeting 5/4/88) , with stipulations #5, 6, and / incorporated into one stipulation to read as follows: 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. �� ' 7-Prepared B Date: "' ee______ Reviewed By: ^- c~ 2/ Date: ----------� --�---- ----- -��-7-------- -- ATTACHMENT 1: Original NRMD Staff . ^ . . Report. .for NATURAL RESOURCES MANAGEMENT DEPARTMENT ^-� STAFF REPORT FOR EAC MEETING 5/4/88 Petition: R-88-4C; Charles L. Shumway, of First Plaza Corporation of Naples, Inc. , representing Buckeye Investment Corporation; requesting a zoning change from "RSF-1 " to "PUD" (Hidden River) . Considerations: The area under Consideration for rezone _ is a 15. 4-acre rectangular parcel (S1 , T50S, R25E) . The northwest corner of the property coincides with the intersection of Gail Boulevard and Esther Avenue, which .ig. located between Radio Road and Davis Boulevard. The FoxfirePUD is located to the east of the subject property, and the Buckeye Estates Subdivision abuts the southern '-` and western boundaries of the parcel . Undeveloped pine flatwoods (zoned as the Sumerwood PUD) and part of the Coconut Creek Subdivision are located to the north of the parcel . The petitioner is requesting a rezone of the property from "RSF-1 " to "PUD" , for a zero lot line, single family development: The site was inspected on April 11 , 1988 by Andrea Stevens (NRMD) , and again on April 12, 1988 by Andrea Stevens and Keith Edwards (NRMD) . The parcel is at an elevation of approximately 8 feet NGVD, and the soils on site are predominantly Arzell Fine Sand, with a strip of Cypress Swamp soil coinciding with the southern property boundary. This wetland soil type identifies wetland areas that are seasonally part of a tributary of Rock Creek. Additional wet ,-^ areas on the parcel include existing drainage ditches along the . . . . Staff Report EAC Meeting 5/4/88 ~_~ Page 2 east and north property boundaries, which collect runoff from adjacent lots. The northern half of the subject property, and the middle area of the southern half of the property, support second-growth pine flatwoods, dominated by slash pine (Pinus elliottii var. densa) with diameters bf up to 10 inches. The_ dense growth of pines form nearly a closed canopy in some areas. Understory vegetation in these pine flatwoods includes dahoon holly (Ilex cassinp) , coco plum (ChLrysgbalamps icacg) , myrsine (Mvrsine guianensis) , and a moderate infestation of the exotic Brazilian pepper (Schinus terebinthifglius) . Remnant cypress (Taxodium ~-� distichum) with 4"-6" diameters, and infrequent cabbage palm (Sabal galmetto) are also noted in the understory. The sparse groundcover in this pine habitat is predominantly fox grape vine ` (Vitis spp. ) . A trail crossing the property on a west to east - traverse, divides the parcel in half . Several vegetative communities south of this trail are within the flood terrace of the Rock Creek tributary along the southern property boundary, and support wetland indicator species. One of the above-mentioned hydric communities is found approximately 200 feet west of the southeast corner of the parcel , and continues northeast toward the center of the property. This habitat supports a 60: 40 mixture of pine: cypress, and Brazilian pepper is encroaching in ~�~ peripheral areas. The cypress range in size from 6"-B" DEH, with . ^ Staff Report EAC Meeting 5/4/88 /—` Page 3 several 10" specimens noted. Most of the cypress are • ^~' considerably buttressed, and lichen and moss lines indicate levels of standing water during the wet season ranging from 0"- 6" . Shallow depressions on the soil surface in this habitat identify areas of wet season pools of standing water. Understory and groundcover vegetation indicative of wetland conditions include wax myrtle (Myrica cerifer_a) , blechnum fern (Blechnum serrulatum) , pennywort (Hydrocotyle bgnariensis) , and sawgrass (Cladium lamaicensis) . Upland vegetation noted in this area includes wild coffee (psychgtria undata) , scattered cabbage palm, and widespread growth of fox grape and poison ivy (Toxicodendron ~—� rc71diJ:D'IlB) . These upland species signify the beginnings of a transition of this habitat to a drier ecotype, and a lack of frequent fire effects. According to a widely-used definition of wetlands adopted by the U. S. Fish and Wildlife Service in 1979, wetlands are defined as having one or more of the following three attributes: ( 1 ) at least a periodic occurrence of hydrophytic plants, (2) undrained hydric soil substrate, and (3) nonsoil substrate, saturated or covered with shallow water for at least some time during the growing season. NRMD has determined that certain parts of the subject property are wetlands, according to this definition, and should be preserved and incorporated into the site plan of the proposed development. ~—~ The southwest corner of the property supports a transitional Staff Report EAC Meeting 5/4/88 ~�^ Page 4 pine/cypress habitat, with pockets of distinct wetlands areas, which support vegetative associations similar to those of the more continuous wetland of the southeast portion of the parcel . Buttonbush (Cephalanthus occidentalis) and several fern species were also observed within the scattered wetland habitats. These wetland pockets and the: larger wetland habitat near the southeast corner of the property were flagged on site on April 28, 1988 by Andrea Stevens, accompanied by Gary Beardsley, of Tropical Environmental Systems, Inc., The southern boundary of the parcel supports a disturbed wetlands community made up of willow (Salix cargliniana) , wild '—� coffee, buttonbush, and royal fern (OsTundp„ regglis) . The Master Plan for the proposed development includes a 30-foot drainage easement along this property line, which would allow for the preservation of this habitat. When consulted about the area, John Beriault, president of the Southwest Florida Archaeological Society, recalled a sand mound located within the Buckeye Estates Subdivision west of the Hidden River parcel . Mr. Beriault suggested that, in general , there is a potential for archaeological artifact sites within flood terraces of creeks and associated tributaries. However, NRMD noted no archaeological sites during the field inspection. Recommendations: The NRMD recommends approval of petition R-88-4C with the ~�� following stipulations: Staff Report EAC Meeting 5/4/88 Page 5 1 4. Standard Stipulations 1-4, as adopted by the EAC on 4/1/87. 5. Wetland areas flagged on site shall be preserved. In addition, the larger, more continuous wetland in the southeastern area of the parcel shall be incorporated into the water management plans for, the development as a dry retention site. The smaller wetland areas ^' identified in the southwestern portion of the property shall be preserved, and incorporated into the landscape plan of the development. 6. All wetland preserve areas shall be fenced off prior to development activity. 7. The site plan shall be revised to include designation of the wetland preserve/retention areas. The revised plan shall be submitted to the County prior to the review of the petition by the Collier County Planning Commission. 8. 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 vegetation in these areas shall be controlled. . . . Staff Report EAC Meeting 5/4/88 Page 6 Prepared By: 4( -7 Reviewed By: (-~ ^^ 7/1 _____Date: _//7141"" . ^ ' � co ATTACHMENT 2 1-..6N 6 N P4 u) e Z a) O a) cd 1111456 6tCee U H 4) cd H o O cn cd O u) Q 15 S-I a) •r1 Z, o cd S--, �" 1 Q....r6= CD ›. bD r-I 0 , $-i b0 O >z O P E cd •1-1 O d-) ') O LO U) .1.1 S 1.-- d O •r1 2.0 N 0 4_) H a) SC •r1 S-1 `; d N m C H U) Q SC cd O •r1 H cd O O a) cd 5 i <4 a) ,- U CQ ; : X 9 Wry Pi Cd i1 1 1 !55 WQNi W o U) •• • • Y• " a Q a) a) i6RR1: esa22 s EDW 0 cd 0 69 ag .,�Res . 3 ; 1. LL O w cd ._ g-i n �1 U I u) bD m' 702. N+ SOS 1 1 11,,SIVSCV3 7 0 cid,G �.-LN3W35V3 39V/V/0.00 .GJ OJSCliC3aC!-�` •.). 3u-'�'-/~�1' n k 3 Cj � e v — H y�� c j a W o Q� jPy�' 11 k8 W -- _•••.- Q I i e • r • W H _ 0 I i Y z i � W ,222.2... Q I 1 CC H lig ...... ... I I X ) likr r ,.) z . W Q Qz 'o 1 11 • EH cc0 CO; CO — — t. 1 Q 1 a i Ia Q Q Z a s of n /r'1 I _-- I M h I I I L—_L_1 1 I _ I - �� I H QII 1; 41n p lii 1 Ti %% 1 1 —Ih1 h occ _ y8a� 11 , i I_• �� W W �- I I^ I N a I < a • a 0w W 0 I 0 1t a a 4 E ci ii I.( — /___ 1 � �' � \4:14 IIUJL u8 ——.7.4-.47LJA. WA. OO d L�7 1 ONV IAM..0SSAY RV GIL .72,11 019L'3Ss'1Cl 3D a(0.72,1, ,Ail .42 ncvrd.00G I ..00bvP'NiFIV.031014.O 1 ki 1 SWILSIX3 G(103'.'NOJ II I ATTACHMENT 3 : EAC minutes 5/4/88 ENVIRONMENTAL ADVISORY COUNCIL MAY 4, 1988 directed into the wetland so as to improve its viability as a wetland. The area shall be designated as a preserve area. The driveway shall be placed over the eastern end of the ditch in a way so to minimize any adverse affects that construction would have on the wetland. In answer to Dr. Benedict , Mr. Craig responded that there will be culverts on the site to allow the water to flow. Dr. Benedict stated that there are a lot of exotics around the border of this site , noting that when the Community School went in, the exotics were moved out to restore that area, and questioned whether Mr. Craig would be willing to do this. Mr. Craig replied affir- matively. Dr. Benedict suggested that additional wording be added to Stipulation No. 5 , the second sen- tence: "This area, an extension of the "ST" zoned wetlands east of the parcel, shall be cleared of all exotics and designated as a preserve area. " He also suggested adding "dry" r" before "retention" in the first sentence of Stipulation No. 6. MOTION: Made by Dr. Benedict to approve Petitions R-88-3C/PU-88-8C, subject to Staff Stipulations, and modifications which were made accordingly. Seconded by Mr. Below. Carried 5/0. \ t sssss / \ PETITION NO. R-88-4C - FILED BY/FOR: Charles L. Shumway of First Plaza Corporation of Naples, Inc. REQUESTING: A rezone change from RSF-1 to PUD "Hidden River" COMMENTS: Ms. Ellin Goetz , Landscape Architect , advised that the proposed project will establish zero lot line, single-family housing with building sharing an adjacent property line. She stated that visits to the site during the rains of June, 1987 , revealed no signs of standing water. Page 5 .. .. .� l�.AK"Y,f ��:vc?.Zu�jifi 3•ifN?u }" ENVIRONMENTAL ADVISORY COUNCIL MAY 4, 1988 Mr. Gary Beardsley of Tropical Environmental Systems referred to his data packet, stating that the vegetation analysis should also include reference to cypress, adding that the property lies along a cypress area and extends to the north. He stated that the site is bounded on the north, south and east by a canal. He further advised that observations of the moss lines indicate that the site does not have standing water. Ms. Stevens stated that the northern half of the property and parts of the southern portion support second-growth flatwoods, dominated by slash pine with diameters up to 10" , adding that understory vegetation includes holly, coco plum, Brazilian pepper, remnant cypress and a few cabbage palms. She indicated that a trail crosses the property from east to west and there are several vegetative communities south of this trailare within the flood terrace of the Rock Creek tributary and sup- port wetland indicator species. She advised that many of the cypress are buttressed and moss lines indicate levels of standing water during the wet season ranging from O"-6", and �-. shallow depressions on the soil surface iden- tify areas of wet season pools of standing water. She noted understory and groundcover vegetation indicative of wetland conditions, i.e. wax myrtle, blechnum fern, pennywort and sawgrass. She added that upland vegetation includes wild coffee, scattered cabbage palm, and fox grape, which indicates the beginning of a transition of this habitat to a drier ecotype, and a lack of frequent fire effects. Ms. Stevens referred to the Staff Report, making reference to the U.S. Fish and Wildlife Service's definition of wetlands, and advised that the County designates this area as wetlands. >0444-Y, a,si LD ('QGi.itl WC.��'utt22a0) Mr. Glenn Cau ill of Anchor Eingineering, in response to Ms. Kurgis, indicated that the lake on site is necessary to retain the runoff and is of typical size, 15% of the total site. Mr. Caudill stated that the water management wet season table indicates 5' ngvd, and Page 6 ENVIRONMENTAL ADVISORY COUNCIL MAY 4, 1988 Anchor's topo confirms that existing ground is 8' average and during the wet season, there will be roughly 3' from the existing ground to the wet season watertable, adding that he cannot believe there will be standing water on the site during the wet season, for any period of time. He advised that the site is less than 40 acres and without the lake or adequate amount of storage could result in the roads and house being 13 '-2 ' higher, thus requiring additional fill which would kill the existing vegetation. Dr. Benedict indicated that he feels there will be extensive use of the site, with mini- mal setbacks and rear yards and precludes saving any natural features of the site. Mr. Caudill noted that he does realize that the site lacks creativity regarding the layout, adding that other options have been looked at, but due to the parameters of the drainage easement on three sides and trying to connect to the existing roads, these options are limited in meeting water management and economic criteria. Mr. Beardsley, in answer to Dr. Benedict, stated that with a development of this size, the developer has the ability to place deed restrictions on the property, to ensure that as much vegetation as possible will be saved. Chairman Cardillo questioned how much of the property will remain "untouched"? Ms. Goetz replied that the open space easement is the only portion of the site whichwillbe totally untouched, adding that in the development of the individual lots, the type of building selected is one which would minimize disrup- tion of that particular lot. Mr. Charles Shumway indicated that the concept of this project is to create affordable housing for first time buyers, with beautiful vegetation preserved as much as possible, with costs in the high $70 ' s to low $80' s, and the topped price units consisting of 3 bedrooms and a den for $120,000 -$130,000. Page 7 ' , ENVIRONMENTAL ADVISORY COUNCIL MAY 4, 1988 o Ms. Kurgis suggested alternatives regarding saving the NRMD wetland by decreasing the size of the lake from 2% acres into a 1 acre lake and preserve the other 13 acre of the wetland and shift some of the lots down to the dry area. Mr. Beardsley replied that all options are being considered and the biggest issue is whether this feature has water for days on end, the "battle zone" would be shifted back to wetland and would favor the cypress and the wetland plants Wand stress the pines. >Ted a6k,ed r2CtiCO7vLI4 FV add-11/19 Co Mr. Shumway referred to Stipulation No. 5, stating that his consultants feel this is not a wetland area, and disagree with it. He added that if he is correct on No. 5, Stipulation No. 6 is superfluous. With regard to Stipulation No, 7, Mr. Shumway indicated he has a real problem, noting that he feels he has the right to go the Planning Commission and to make the same arguments and :)rlt1nue-itgi .the Board of County Commissioners. .„.„9( 144,41; r-vt4/), Planner Nadeau, in response to Dr. Snyder, advised that the current zoning on subject property is RSF-1 , and allows one dwelling unit per acre to be built. Dr. Snyder inquired as to the 5' mean high water level and questioned how much of the time the water was above the 5 ' and asked how it was calculated? Mr. Caudill replied that the elevation would exceed the 5 ' elevation during and after a rainfall event, but during the dry season the average elevation would drop down to 3' , and stated the calculations were made during the wet season with a hole being dug to determine the point at which the water infiltrates that hole and measure down from the existing ground. ,M14.- cel)4-0i,, Planner Nadeau, in ansi6er to Dr. Benedict, stated that current zoning of subject property allows for 15 single-family homes, adding that 60 dwelling units are proposed in this plan, which would be 3. 9 dwelling units per acre. Page 8 ---4444 -4 ENVIRONMENTAL ADVISORY COUNCIL MAY 4 , 1988 Mr. Ross MacIntosh of Investment Properties Corporation and representing the current owner of subject property, stated that there seems to be two opinions as to whether or not active wetlands exist . He noted that if it is believed that active wetlands do exist on the property, it must be realized that the water \` levels in the ditches, over extended periods of time, during the rainy season, are up above the ground level , but noted this is not occurring. Mr. Below stated that he feels subject project is of poor design and will heavily impact an area that is not impacted heavily by a lot of other residences. MOTION: Made by Ms. Kurgis to deny Petition R-88-4C on the bases that the wetlands should be incorported, the density is too high for the area and the wetlands should be preserved. Seconded by Dr. Snyder. _ Carried 5/0. sssss Recess 10:25 A.M. - Reconvened 10:35 A.M. sssss PETITION NO. R-87-40C FILED BY/FOR: Q. Grady Minor of Q. Grady Minor & Associates, P.A. representing Woodfield Lakes Partnership, LTD • REQUESTING: A zoning change from PUD to PUD for residential and commercial use. COMMENTS: Mr. Minor stated that Woodfield Lakes is located east on U.S. 41 and S.R. 951 and abuts the Marco Island water supply. He added that the site fronts on S.R. 951 , is 400 ' removed from U.S . 41 on the north side and the back line is the Henderson Creek Canal . He stated that the site consists of 74 acres and is zoned for 451 dwelling units. He noted that the petitioner' s request is also for PUD for the same number of dwelling units but in a more traditional condominium style, two-story buildings, and they are also requesting 5 ( — tt Page 9 ~~ ^' A ~� y�� NATURAL RESOURCES MANAGEMENT DEPARTMENT STAFF REPORT FOR EAC MEFTING 6/15/88 p2titigE1: R-88-10C: George Hermanson of Hole, Montes, and Associates, • Inc. , representing Dr. John A. McCoy, Trustee, Health Care Associates, Inc. ; requesting a zoning change from A-2 and RSF-3 to PUD for a convalescent center. Cgri�idgrOigils: The area under consideration for rezone is a 14.28 acre parcel located on the south side of Immokalee Road, approximately 1 /2 mile west of Airport Road (S26, T48S, R25E) . Southwind Estates (zoned RSF-3) is located to the south of the subject property. Pinelands with areas of oak habitats are found to the .."- east and southwest of the parcel . The North Naples Community Park and agriculturally-zoned land is located west of the proposed development. The petitioner is requesting a rezoning of the parcel from A-2 and RSF-3 to PUD to include a nursing home, a congregate living facility, professional offices, and a child care facility. The PUD will be known as the Surrey Place Convalescent Center. The site was inspected by Andrea Stevens (NRMD) on June 6, 1988. The parcel is at an elevation of approximately / feet NGVD. The eastern area of the property, separated from most of the parcel by Parnu Street, supports a pine habitat with slash pine (Pirly plligttii var. densa) ranging in size from 6"-12" DBH. Several cabbage palms (SElba.l [221mettg> and two large oaks t-\ 8" 12" DBH> also evident in this eastern area (Q�� spp. , - are . Understory vegetation is predominantly saw palmetto (Se[enga �—. , r"\ Staff Report • EAC Meeting 6/15/88 Page 2 | rffler2q> with encroaching Brazilian pepper (Schir2Y� t2Egbinthifglius) ^ The major portion of the parcel is found on the west side of Parnu Street, and supports a pine/palmetto community with scattered oak. The pines are similar in size to those on the east side of Parnu Street. The understory layer in the pine/palmetto areas is mostly Brazilian pepper (Schijkii terebinthifglius) , spreading into the parcel from peripheral roadways. Various grasses and vines including grape (yitis spp. ) , greenbriar (Smilax spp. ) , and poison ivy (Tg.xiggdgDdrgn ~-*\ radicans) make up the groundcover layer. Pockets of disturbed xeric habitats support oaks with associated palmetto, rusty lyonia (Lygnia ferruginea) , prickly pear cactus (Opunti2 spp. ) , and gopher apple (Liglia ylichauAii) ^ Several gopher tortoise burrows were found in these communities. Road beds traversing the property have disturbed these vegetative communities, so that they have become fragmented. Although one xeric habitat, abutting the western property boundary, supports a more continuous growth of oaks, and appears to represent an intact scrub vegetative association. A small shallow pond is located near the center of the parcel . Most of the standing water is overgrown with cattails (Typha spp. ) . Sapling willow (S .1li;_< carglinif2na) is found around �"\ the periphery of the pond. John Beriault, president of the Southwest Florida ~_. ~ �� Staff Report | EAC Meeting 6/15/88 Page 3 Archaeological Society, indicated that archaeological sites have been located within flood terraces and around junctions of tributaries in the vicinity of the subject property. However, � during the NRMD site visit, indications of archaeological sites were not found. Recommendations: The major concern of NRMD regarding this PUD petition is the maintenance of the oaks on site through habitat preservation and the transplanting of individual trees. Because of the rare and unique status of oak communities in Collier County, it is �-• important for the petitioner to work with NRMD to insure that adequate measures are followed for the continued survival of oak trees and their associated habitats. The NRMD recommends approval of petition R-88-10C with the following stipulations: 1 4. Standard Stipulations 1 4, as adopted by the EAC on 4/1/87. 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 proposed parking area. The boundary of this habitat 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. ~-. . . '—N Staff Report EAC Meeting 6/15/88 Page 4 6. Regarding the oaks located outside the conservation area designated according to Stipulation #5, the petitioner shall , where feasible, maintain individual oak trees in their existing locations. If development 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. /."" '. Y / /� f7�� Prepared By: __ ' �_ ' ' � ' ____Date: __m'_!�, �_______C<----�� ' / / Reviewed By: _ / C<---- 'i -_ __ -__Date: _ \« //tir ___ ' � ---- , ~^ . e-N NATURAL RESOURCES MANAGEMENT DEPARTMENT STAFF REPORT FOR EAC MEETING 6/15/88 / petitign: STD-88-12C; T. A. Herbert and Associates, as agents for Shell Western E & P, Inc. , requesting permission for about 40 miles o+ seismic lines through various wetlands in Collier County and in the Big Cypress Area of Critical State Concern. INTRODUCTION 1 . The petitioners are requesting to conduct seismic testing for oil along roughly 40 miles of seismic lines in Collier County. 2. The work (known as the G-89 program) is to be conducted along three seismic lines. These lines will act to "infill " the G-81 program established under STD-87-2C. /'\ 3. The three seismic lines are to be located to the north- northeast of the Big Cypress National Preserve (BCNP) in the Area of Critical State Concern (portions of R32E-R34E, T49S-T51S) . Aerial photographs will be brought to the EAC meeting. Only one set was provided so, consequently, NRMD cannot provide the EAC members with their own copies of the aerials. 4. Shot point centers will be located approximately every 150 feet along each seismic line. Each center will consist of three shot holes, spaced thirty feet apart. 5. Since the work will be performed during the wet season, to prevent environmental degradation, it will be necessary for different vehicles and tactics to be employed than those used during the G-81 program. a) Petitioner has proposed to exclusively use a small drill mounted onto a Chikazu track vehicle. The complete set-up weighs approximately 1300 pounds and has a psi of 1 . 0-1 . 4. This set-up is most effective in soft soil conditions, where standing water reaches 18" , and where the space between trees is greater than four feet. 1 . "Chikazu tracked vehicle" is defined as a 500 pound t~N rubber tracked vehicle with dimensions of 42" x 100" . The size and maneuverability (maximum speed of 5 mph) of this vehicle allows its use in areas where trees are greater than four feet apart. 1 ' ^ . 00=-N Staff Report EAC Meeting 6/15/88 Page 2 2. "Small drill " is defined as a Geo-Rex portable drill , ! with a total weight of 800 pounds. The drill is capable of being dismantled into 5-10 pieces, weighing 100-150 pounds each, and hand- carried into highly sensitive areas. b) Petitioners propose that, for wet season work, the use of helicopters to ferry personnel and material into the work areas will be more extensively used than in previous work within the county. This method of transport will cause less environmental impact than the previously used transport methods. NRMD COMMENTS 1 . Staff concerns are two fold. a) Current petition for seismic testing with its potential for negative impacts. ~'\ 1 . Destruction of vegetation and routing of wetland soils. This concern becomes more pronounced since the work is to be performed during the wet season when the chance for soil routing is increased. 2. Disruption of wildlife behavior patterns because of increased human activity, vehicle traffic, and blasting. Especially important is potential effects on protected species. b) The "larger picture" of cumulative impacts on the wetlands and other habitats, protected species, and of an obvious escalation of oil related activities in ecologically important wetlands. In addition, the area proposed for seismic testing is part of the boundary extension area for the BCNP. Serious questions must be raised in terms of the propriety of conducting testing in this area in light of the recent stoppage of testing within the present boundaries of the BCNP. 2. NRMD staff has reviewed the petition and 1 : 24, 000 scale aerials provided, but has not had the opportunity to "ground truth" the 40 miles of lines in Collier County. 3. Petitioner has agreed to submit a County environmental (~ impact statement detailing the general effects as related to Shell Western' s seismic operations in the Area of Critical State Concern. The data gathered from these activities will aid in inventorying the biological resources of the area and help 2 | ! . ^ ^-N. Staff Report EAC Meeting 6/15/88 Page 3 relate these resources to the geology of the region. NRMD ANALYSIS AND RECOMMENDATIONS 1 . The current petition is for about 40 miles of seismic lines. • a) Chikazu- small drill assembly ( 1300 lb set up) : 1 . The maximum psi (pounds per square inch) for the Chikazu- small drill assembly shall not exceed 2. 3. Since the work is to be performed during the wet season, it is imperative that great care be taken by the petitioner and personnel so not to cause extensive environmental degradation. 2. The Chikazu- small drill assembly is acceptable in wetland areas, especially marl marsh and small cypress habitats, if : a. the maximum psi does not exceed 2. 3. 00"Nb. no more than two vehicle trips are made over any one stretch of trail . c. the maximum effects shall be in compliance with the Department of Environmental Resources permit stipulations. d. if conditions a c cannot be met, NRMD recommends that the small drill be disassembled and carried in by hand. b) No new roads or trails shall be created in dense cypress areas (trees closer than four feet apart) . These areas will be penetrated exclusively by foot, with the small drill equipment carried in by hand, and/or via helicopter air lifts. c) Petitioner shall allow and arrange for periodic inspections of their work by NRMD staff . NRMD shall determine if the conditions of this permit are being met. If in the opinion of NRMD the conditions are not being met, then the ST development permit will be revoked. d) NRMD agrees with and accepts other stipulations as stated in the Department of Environmental Resources permit (#111257155) for work in the BCNP. 2. Cumulative impacts resulting from accelerated oil exploration and extraction in the Dig Cypress Preserve and Area of Critical ,"' State Concern. a) Staff recommends that the current ST petition be approved since Shell Western has agreed to conduct studies and produce 3 . . ,=N Staff Report EAC Meeting 6/15/88 Page 4 a scientifically quantitative Environmental Impact Statement (EIS) , relative to Shell Western' s proposed activities, prior to submission of any future ST petitions (such as for oil wells, roads, or support facilities) . The EIS shall have to address the impacts of the specifically proposed ST development petition as well as cumulative impacts in the Big Cypress Area of Critical State Concern (see Appendix A) . b) Staff recommends that the EAC use the information generated in these Environmental Impact Statements to determine whether an upper threshold is necessary for the number of wells, miles of roads and trails, and acreage of production facilities that can be in existence and in operation at any one point in time. For example, once this threshold is met, then no new wells would be permitted until an existing one was taken out of service and the site restored. This would allow oil activities to continue while assuring no cumulative impact past an established threshold level . Informational workshops should be held to help in this determination. em\ Prepared by: ----2 ....c..z.___ Date //' /--� Reviewed by: _.- - _ ( Date: ��