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EAC Minutes 05/18/1988 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: May 18 , 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 X EDWARDS X KURGIS X SCHEFF X SNYDER ABS. MINUTES BY: Maureen Kenyon, Deputy Clerk CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 9: 10 A.M PRESIDING: John P. Cardillo, Chairman ADDENDA TO THE AGENDA: 1 . Key Island Boat Dock Petition 2 . Sea Turtle Ordinance 1 Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA May 18, 1988 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES: III. ADDENDA IV. STAFF REPORTS A. PETITIONS ADMINISTRATIVELY APPROVED BY NRMD V. OLD BUSINESS 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. R-88-7C: Alan D. Reynolds, of Wilson, Miller, Barton, Soll & Peek, Inc. , representing Stefan P. Galazzi, owner and agent for, owners; Joseph A. Galazzi, Earl G. Hodges, and Thelma T. Hodges; requesting a zoning change from RMF-6 to C-6. B. R-88-8C/PU-88-10C: David Evans and Robert Stowers; requesting a zoning change from A-2 to RSF-4 for mixed single family cluster housing. A provisional use "g" of RSF-4 is requested for the cluster housing (duplex) . VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP Presentation by Shell Western E & P Inc. , on their proposed seismic activity northeast of Big Cypress National Preserve and documentation of the impacts of their ,earlier work in the same area. �...� ************************************************************************ • NOTES: A. Notify the Natural Resources Management Department (774-8454) no later than 5 P.M. on Monday, May 16, 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 TO 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 J ENVIRONMENTAL ADVISORY COUNCIL MAY 18, 1988 ITEM: MINUTES OF MAY 4, 1988 APPROVED MOTION: Dr. Benedict moved, seconded by Ms. Kurgis and carried unanimously, that the minutes of May 4, 1988, be approved with the following corrections: 1. Page 7, second paragraph, extensive should be intensive. 2. Page 13, second line, word "permit" should be placed after "ST" . ***** PETITION NO. R-88-7C FILED BY/FOR: Alan D. Reynolds of Wilson, Miller, Barton, Soll & Peek, Inc. , representing Stefan P. Galazzi, owner and agent for owners; Joseph A. Galazzi , Earl G. Hodges, and Thelma T. Hodges. REQUESTING: A zoning change from RMF-6 to C-6 REPRESENTED BY: Mrs. Nora Peek of Wilson, Miller, Barton, Soll & n Peek, Inc . COMMENTS: Mrs. Peek stated that this property consists of two small parcels on North 10th Street behind Hodges Funeral Home. She stated that each por- tion is 9/10th of an acre and she is requesting a zoning change from RMF-6 to C-6 that is a new zoning district that will soon be implemented. She stated that she agrees with the staff report and stipulations. Mr . Cardillo asked what borders this property, to which Mrs. Peek stated that there is a Wags Restaurant and a commercial area. Dr. Edwards stated that both parcels have been disturbed in the past as evidenced by the pre- sence of Brazilian Pepper, adding that Block "B" parcel has been disturbed the greatest . He indi- cated that the only structure in either parcel is in the southern part of Block "B" which is a two story apartment building and it has several trees on site which is the seagrape, citrus, fig tree and two mahogany trees. He noted that Block "A" has the small low to medium quality scrub oak Page 2 ENVIRONMENTAL ADVISORY COUNCIL MAY 18 , 1988 area, several slash pines and the ground cover consists of palmetto and prickly pear cactus. He noted that there are several areas of open sand and the southern portion is basically an open graminoid area. He noted that staff recommends approval with the stipulations as contained in the staff report . In answer to Ms. Kurgis, Planner Nadeau stated that the C-6 district does not exist at the pre- sent time, but staff is in the process of writing an ordinance to amend the zoning ordinance for incorporation of this district . He stated that this petition was accepted for review purposes even though there is not standards at this time to review it by, adding that he does not have any concerns regarding this petition. He noted that an in-fill zoning is to place a commercial zone as an in-fill between a more intensive commercial zone and residential districts . MOTION: Made by Dr. Benedict to recommend approval of Petition R-88-7C, subject to the following sti- pulations. Seconded by Ms. Kurgis. Carried unanimously. 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 per- mit 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 vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facili- ties 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. Page 3 ENVIRONMENTAL ADVISORY COUNCIL MAY 18, 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 construc- tion 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, exca- vation, 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 provide only a minimal interruption to any constructional activities. 5. Petitioner shall, at the time of development in Block "A" , incorporate the scrub oaks into the landscape plan. If the scrub oaks lie in the development path, petitioner shall, where possible and practical, save them for transplant as landscape components on site. ***** PETITION NO. R-88-8C/PU-88-1OC FILED BY/FOR: David Evans and Robert Stowers Page 4 ENVIRONMENTAL ADVISORY COUNCIL MAY 18, 1988 REQUESTING: A zoning change from A-2 to RSF-4 for mixed single family cluster housing and a provisional use "g" of RSF-4 for cluster housing (duplex) . REPRESENTED BY: David Evans COMMENTS : Mr. Evans stated that he has read the staff report and has fully agree with the report and the stipulations. He stated that it is his intent to maintain the canopy as much as he can and keep as many trees as possible. He indicated that the property is located on the south side of Bailey Lane, 1/4 mile west of Airport Road. Ms. Stevens stated that the parcel supports a pine palmetto community with slash pines, adding that an open canopy allows for an understory of cabbage palms, strangler fig, hogplum, myrsine and wax myrtle. She stated that burn scars were noted on pines and remnant cypress stumps. She stated that there are several exotic species are found throughout the parcel . She noted that staff recommends approval subject to the stipula- tions in the staff report . Dr. Benedict questioned what kind of detention area it would be, to which Mr. Evans stated that there would be retention ponds, and the ponds will consist of 2 acres out of the total 9.6 acres. MOTION: Made by Ms. Kurgis to recommend approval of Petition R-88-8C/PU-88-10C subject to staff sti- pulations. Seconded by Dr. Benedict. Carried unanimously. 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 per- mit 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 Page 5 ENVIRONMENTAL ADVISORY COUNCIL MAY 18, 1988 layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facili- ties 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 habitat charac- teristics 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, exca- vation, 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 provide only a minimal interruption to any constructional activities. 5. The site clearing plan for the residential community shall incorporate as much of the existing native habitat as feasible into the development. Page 6 ENVIRONMENTAL ADVISORY COUNCIL MAY 18, 1988 sssss ADDENDA COMMENTS: Dr. Benedict stated that there is a petition on the CCPC agenda for May 20, 1988, with regards to a 71 foot boat dock extension and questioned if staff has reviewed this, to which Planner Nadeau stated that this boat dock extension is con- sistent with other docks in the area, adding that this is on the southern tip of Keewaydin Island. He noted that the dock will probably accommodate a 44 foot boat and the depth of the water is about 3 to 4 feet . He noted that staff has no problems with it. Ms. Stevens indicated that she looked at the vegetation and the areas and gave her comments to Mr. Nadeau and she has no problem with it either. Dr . Proffitt stated that for information purposes only, the Sea Turtle Ordinance will be presented to the BCC next week and the Conservation and Coastal Management Element will be heard by the CCPC on May 19, 1988 . There being no further business, the meeting was adjourned by Order of the Chair - Time: 9: 10 A.M. ENVIRONMENTAL ADVISORY COUNCIL John P. Cardillo, Chairman Page 7