NRMD Staff Report (R-86-5C) ATTACHMENT 1 : NRMD Staff Report
for R-86-5C.
T
NATURAL RESOURCES MANAGEMENT DEPARTMENT
Staff Report
(R-86-5C - Citrus Gardens)
CONSIDERATIONS:
Petition R-86-5C requests the rezoning of a 93.6 acre parcel from A-2 to
PUD status. The proposed multi-family and single family development
(Citrus Gardens) is located adjacent to and east of Airport Road, about
2.5 miles south of Immokalee Road and about 1.5 miles north of Pine
Ridge Road. The parcel is surrounded by active farm fields, fallow farm
fields, borrow pita, and support facilities for each of these uses.
On April 29, 1986, a site visit was conducted -by Dr. Brandt Henningsen of
the Natural Resources Management Department (NRMD). Dr. Henningsen'a
visit was abetted by Mr. Art Newman of Wilson, Miller, Barton, Soil, and
Peek, Incorporated (WMBSP, Naples, Florida) .
Forty-one acres of the parcel (43.8Z of total acreage of parcel) is a
borrow pit lake. Of the remaining 52.6 acres, 29.3 acres are altered
1- lands, being either bare soil or covered with grass, weed, and/or exotic
plant species (i.e. , Brazilian pepper, Schinus terebinthifolius). A
remnant forested portion of the parcel is 23.3 acres that occupy the
northern quarter of the property. The pine flatwoods is heavily infested
with Brazilian pepper. Other that S. terebinthifolius, the area is
. dominated by slash pines (Pious elliottii var. dense, 3-13" DBH, most
trees 5-8" DBH with ages of 20-40 years). Scattered throughout the
parcel are cypress (Taxodium distichum, 1-12" DBH) , although greater
numbers can be found in the northeastern reaches of the parcel. In
addition, wax myrtle (Myrica cerifera) , cabbage palm (Sabal palmetto) ,
and saw palmetto (Serenoa repens) were scattered throughout the parcel.
Coastal plain willows (Salix caroliniana) were scattered along the
margins of the flatwoods. According to John Beriault, president of the
Southwest Florida Archaeological Society, the parcel has no known
archaeological significance.
To date. developers have not finalized site plans for the project other
than schematically zoning off Tracts A-H. Alan Reynolds of WMBSP, has
estimated that, other than the lake, 28% of the project will be covered
by impervious surfaces. In addition, the current site plans propose to
locate sewage treatment facilities in the northeastern corner of the
pine flatwoods. According to Art Newman of WMBSP, individual tracts
will be sold to buyers for development. Otherwise, the types and
distributions of land alterations are basically unknown. The amounts
and locations of clearing, impervious surfaces, landscaping, roadways,
houses/apartments, and recreational facilities comprise information
which would make an environmental assessment more complete and valid;
therefore, any environmental assessments for this project are based upon
very limited information.
Staff Report
R-86-5C
Page 2
Development of the previously altered portions of the parcel (i.e. , the
southern 70.3 acres) should not contribute much additional environmental
degradation to the area that has not already been imposed due to its
previous and existing alterations. Coupled with alteration of the 23.3
acre pine flatwoods will be some new, additional environmental impacts.
One additional impact involves the amount of impervious surfaces on the
parcel (roadways, buildings, parking, etc.). A second impact involves
storm water runoff which will probably possess elevated concentrations of
petrochemicals (from automobiles) and agro-chemicals (e.g. , lawn
fertilizers, pesticides, etc.). If storm waters are routed to the
existing lake, it is probable that the lake will experience accelerated
eutrophication as well as the lake's organisms playing roles in
biological magnification- of pollutants within the water.
RECOMMENDATIONS:
Of the 93.6 acres destined for development, 24.9% (23.3 acres) are pine
flatwoods; portions of these flatwoods are so heavily inundated with
Brazilian pepper that the area's effectiveness as a diverse habitat has
been reduced because of the lack of an understory. The remaining 70.3
acres essentially represent a defoliated, barren remnant of a once
biologically productive system; therefore, the petitioner has an
excellent opportunity to recreate lost habitat via careful design of the
development. The attrition of the County's natural habitats is slowly
but consistently degrading the biological integrity of southwest Florida.
To slow or minimize any deleterious effects of development, compromises
should be met between habitat destruction vs. preservation/creation.
One aspect, among many, of careful design that could reduce the amount
of clearing of the pine flatwoods would be the relocation of the sewage
treatment plant (STP). In lieu of the large amount of existing
alterations on site, it would seem resonable to investigate the
substitution of housing in place of the STP, a move which could reduce
the amount of overall impact of the project. Perhaps the STP could be
moved to Tract 1' in the southeastern corner of the parcel, an area which
is already cleared. Although the northeastern corner is heavily
infested with Brazilian pepper, the area also harbors significant
numbers of slash pine, as well as scattered cypress and cabbage palm. With
the above points in mind, NRMD recommends approval of petition R-86-5C
with the following stipulations:
1. For the 23.3 acre pine flatwoods . the development should be
designed to maximize the preservation of native habitat.
2. The petitioner should investigate the relocation of the sewage
treatment plant (i.e, utility site) from the northeastern corner of the
parcel to some other location within the parcel.
Staff Report
R-86-5C
Page 3
3. Prior to development, more complete, site plans should be
submitted to NRMD for their review and approval. The petitioner is urged
to consider reductions in dwelling densities which could result in more
space for habitat preservation and/or creation.
4. NRMD is devoted to the preservation of local ecosystems for
Collier County. One important component of local ecosystems is native
habitats. Although all developments result in the loss of some habitat,
with careful planning and mitigation, these losses can be reduced;
therefore, NRMD cannot stress too strongly the importance of standard
stipulation #2, dealing with use of native species for landscaping and
the recreation of lost habitat.
5. Standard stipulations 1 - 4.
WORDING FOR STANDARD EAC STIPULATIONS
(Adopted by EAC on 7/18/84)
1. A site clearing plan shall be submitted to the Natural
Resources Management Department and the Community Development
Division for their review and approval prior to any
substantial 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 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
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 approved by the Natural
Resources Management Department and the Community Development
Division.
4. If, during the course of site clearing, excavation, 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.
EAC Stipulations
ATTACHMENT 2 : EAC Minutes May 7 , 1986
(R-86-5C)
PETITION R-86-5C; ALAN D. REYNOLDS, WILSON, MILLER, BARTON, SOLL &
PEEK, IBC. , REPRESENTING JOSEPH D. BONNESS, JR. , TRUSTEE; REQUESTING
A ZONING CHANGE FROM "A-2" TO PUD (CITRUS GARDENS) RECOMMENDED FOR
APPROVAL WITH STIPULATIONS
Mr . Alan Reynolds stated that Citrus Gardens is a property on
the east side of Airport Road , lying immediately north of other pro-
perty that borders Orange Blossom Drive; the property is 93 . 6 acres .
He said that it has been under excavation for some five or six years
as a fill pit and the current excavation right now is almost completed
and conforms with the lake that is shown on the Master Plan, which is
approximately a 41 acre lake. He said that excavation is still taking
place at the far eastern end and when that is completed, the banks
will be finished and that excavation will then be finished; so the'
plan which has been prepared for a PUD is one to reclaim that property
for residential use. The Master Plan, he added, shows that a peri-
-
meter system of loop roads will be used; the property is planned for
multi-family residential use and eight tracts around the lake of
varying sizes have been identified, with a total density is 4 . 8 units
per acre and a total number of 450 residential units. He said that
the northern portion still has existing vegetation, primarily pine
Cflat-woods , Brazilian Pepper and Melaleuca, but the balance has been
cleared. He said that there will be an interim on-site utility plant
to be located on the northeast corner of the project. He continued by
saying that the location and size of the tract is designed to meet
minimum setbacks from the lake and property. He said that the lake
has been excavated to varying depths, from ten to twenty feet; it has
been excavated down to the rock layer and it has been used primarily
as a fill pit. He added that there are no problems with the standard
stipulations .
Dr . Proffitt asked what the slopes are on the sides of the bed and
if are there plans to restore that to a shallower slope to allow for
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ENVIRONMENTAL ADVISORY COUNCIL May 7, 1986
literal vegetation to grow and recreate wetlands habitat along por-
tions of the lake, and Mr . Reynolds said that that could be done. Dr .
Proffitt stated that he would like to make that another stipulation
for at least a certain portion.
Dr . Henningsen stated that Mr . Reynolds' summary is accurate; 75%
of the land has been completely altered and the remaining portion of
the cleared land is basically just grass and weed species and exotics
such as Brazilian Pepper. He added that the northern 25% is a pine
flatwoods and at certain points it is so overgrown as to stop light
penetration to the floor . He said that the area has already been
impacted through man' s alterations a great deal and he does not
believe that this development will add any additional impacts that for
the most part have not already been experienced. He continued to
say that Natural Resources has several recommendations as far as
how this development should be designed and the developer has supplied
limited information to make much of an evaluation as to environmental
impact. He added that at the time of the site plan approval, he would
like to see a more detailed plan and would also like the Petitioner to
investigate relocating the sewage treatment plant from the pine flat-
woods out to some location on the parcel that has already been
cleared, rather than clearing remnant pine flatwoods to accommodate
the plant .
Dr . Henningsen stated that in the last few meetings, the Advisory
Board has been discussing the idea of recreating lost habitat. On
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ENVIRONMENTAL ADVISORY COUNCIL May 7, 1986
several petitions, he said, stipulations have been added that the
Petitioner should have a target of 40% replacement of trees that are
destined to be removed; that number may or may not be approached when
the development goes in. He said that he and Mr. Reynolds have had
discussions concerning this matter and came to the conclusion that the
solution to the recreation of habitat is a stronger vegetation ordi-
nance which Dr . Proffitt is working on at the present time. He said
that he carefully worded a stipulation in the staff report voicing his
concern on loss of habitat and how Natural Resources would like to
work with the developer on landscaping plans to recreate lost habitat.
He added that on this petition and the one following, the petitioners
have an excellent opportunity of recreating lost habitat. He indi-
cated that he would like some input from this Board on how to handle
this petition as well as successive ones until the new ordinance is in
place; if the Board feels these stipulations are stringent enough,
that is fine, if the Board prefers to go back to the target of 40%,
that can be discussed. He added that there seems to be a certain
amount of dissatisfaction, not only from the Petitioner but also from
the Board.
Mr . Mellen stated that the South Florida Water Management District
does require a side slope of 4 to 1; four feet horizontal to every
foot vertical drop to a point two feet below the control water eleva-
tion of the project. He said that the Excavation Ordinance allows 3 to
1 and goes 3 feet below the low water and from there a 2 to 1 slope to
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ENVIRONMENTAL ADVISORY COUNCIL May 7, 1986
the bottom is required. He added that on this project there is no
problem with the actual on-site water management the way it was
designed; the concern is the existing excavation permit for this pro-
perty which extends out to the east and south. He indicated that
Water Management initially asked that that excavation permit be ter-
minated upon approval of this PUD, but the Petitioner wants to con-
tinue with that permit so wording has to be added to the PUD document
as well as a revision to the Provisional Use to continue with this
excavation.
Mr . Cardillo asked if there was a problem relocating the sewer
treatment plant and Mr. Reynolds answered that was not a problem. Dr.
Henningsen stated that in the staff report he suggested the southeast
corner . Mr . Reynolds stated that the primary reason for it being located
f` where it is at this point is because there are certain DER require-
ments that mandate setbacks from existing water bodies and since they
are dealing with an existing lake, that was the criteria. The second
reason for keeping it at that location, he added, was existing vegeta-
tion; the size of the site has been designed to maintain a 50 foot
buffer around the plant with existing vegetation. He said that the
only way this plant could be relocated would be if the design of the
facility was modified to maintain the required setback from the lake.
He added that this aspect will be looked at and if it can be moved, it
will .
Mr . Cardillo said if there are no sufficient site plans at this
time, then what the Board is doing is approving five or six PUD' s ,
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ENVIRONMENTAL ADVISORY COUNCIL May 7, 1986
and Mr . Reynolds answered that this PUD is set up as most PUD's in the
County and similar to ones they have come forth with before; at this
point they have identified the land use tracts, the number of units
and all the criteria in the PUD for development of those tracts, but
they do not know at this time how many buildings will be built on
those tracts.
Mr . Reynolds expressed his concerns on the appropriate way to
implement standards that everyone has to live by, and thinks that it
is inappropriate to institute standards by creating stipulations that
end by being attached to projects that go through rezoning. He added
that changes to ordinances and policies should be done in a process that
is independent of an individual project review. He stated that he
agrees with the goals of the Natural Resources Management Department
and has spoken to Dr. Proffitt and Dr. Henningsen about his concerns
on new stipulations. He added that Stipulation #1, on this project,
reads the same as in the standard stipulations, and he does not
believe that there is anything on this petition that causes a specific
stipulation to be incorporated such as that. He said that he would
feel more comfortable if the word "preservation" in Stipulation #1
could be changed to "retention" which is the same wording found in the
standard stipulations. He indicated that the standard stipulations
have a lot of thought behind them and do the job quite well . He
stated that the ideal thing would be to get all site plans reviews
coordinated into one process, because he feels the site plan review in
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ENVIRONMENTAL ADVISORY COUNCIL May 7, 1986
Stipulation #3 has sufficiently been covered under the existing pro-
cess.
Dr . Henningsen asked when does the Natural Resources Management
department have the opportunity to make comments about the final site
plan after it has already gone through the PUD process? Dr . Benedict
said there is no reason for the NRMD not to get the site plans at the
same time as the Zoning Department, Water Management, etc. ; it is more
of a coordinating factor. Dr. Benedict said Vickie Mullins and Missy
McKim should be asked to appear at the next meeting of this Board and
explain how the process works.
Dr . Benedict stated that Stipulation #1 can be reworded to empha-
size the pine flatwoods; Stipulation #2 there is no problem with
keeping it as is and making an effort to relocating it into the standard
requirements, if it fits; Stipulation #3 is associated with the
Planning Department which is standard; the fourth stipulation should
be kept as is. Dr . Henningsen stated that Stipulation #4 is an
emphasis on standard Stipulation #2. As concerns Stipulation #4 , Mr.
Reynolds stated it was not his impression that the NRMD or EAC was set
up to be an advocacy group for the preservation of ecosystems, and in
his opinion it was set up to review and implement the policies of the
County. Dr . Henningsen stated that this is just one of the goals that
they try to accomplish. Dr . Proffitt stated that the NRMD was created
for natural resources management, which entails and includes preser-
vation of local ecosystems in the County, not to preserve every plant
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ENVIRONMENTAL ADVISORY COUNCIL May 7, 1986
or tree of single a type of ecosystem, but representative groups of
them, especially wetlands. Dr . Benedict indicated that this is a
subject which is independent of the project, and Mr . Reynolds that if
this stipulation is appropriate on this petition, then he cannot envi-
sion any petitions that it would not be appropriate on, in which case
it will become a standard stipulation.
Mr . Courtney stated that he would like some clarification from a
legal standpoint as to the linkage through the excavation permit of
two adjacent parcels and the way that the NRMD is looking at this PUD.
He said that he strongly disagrees with the way the standard stipula-
tions have been mutated, and at the last meeting he expressed some
dissatisfaction with the concept of the standard stipulations. He
added that petitioners really do not agree with them, but do not voice
'' their disagreement. In his opinion, he said that these stipulations
do not have public approval. He added that he does not believe that
it is a goal of Natural Resources to preserve ecosystems, at least not
the way it is outlined in Stipulation #4. He said that it is the
obligation of the Board and EAC to review petitions in light of
ordinances and to make sure they are complied with. As far as natural
resources within the County, a better way to approach it, he said,
would be to quantify them, quantify the rate of loss, receive public
approval that some resources are endangered and achieve the goal that
way. He added that he agreed with the stipulations on this petition
as Dr . Benedict outlined them.
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ENVIRONMENTAL ADVISORY COUNCIL May 7, 1986
Mr . Below stated that it is difficult to make a decision on a PUD
that has an existing excavation permit going much further that the
property that is being discussed. Mr . Mellen indicated that com-
mecial excavations, where material is moved off-site, are allowed
only on A-2 zone property, and require a provisional use and excava-
tion permit. He added that once the property is rezoned, it either
makes the Provisional Use void because it it no longer A-2 or wording
has to be included in the PUD document to take care of the situation.
He indicated that the provisional use in existence will have to be
modified or a new one created to take care of the new excavation.
Mr . Weeks added that the Planning Department would be inclined to want
some type of language putting a limitation on the time excavation can
be in operation so that the borrow pit and residential development do
not happen at the same time, and Mr . Reynolds said he would agree with
that.
Mr . Benedict stated that the four stipulations need careful review
and modification and brought to the next meeting for a workshop.
Mr. Courtney moved, seconded by Mr. Link and carried 5/0 (Mr.
Cardillo being absent) that Petition R-86-5C be recommended for appro-
val with the following stipulations:
1. A site clearing plan for 23 . 3 acre pine flatwood area shall
be submitted to the Natural Resources Management Department
and the Community Development Division for their review and
approval prior to any substantial work on the site. This
plan may be submitted in phases to coincide with the develop-
ment schedule. The site clearing plan shall clearly depict
how the final site layout incorporates retained native vege-
tation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other facilities have been
oriented to accommodate this goal.
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ENVIRONMENTAL ADVISORY COUNCIL May 7, 1986
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 approval. This plan will depict the
incorporation of native species and their mix with other spe-
cies, if any. The goal of site landscaping shall be the re-
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
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 approved by the Natural
Resources Management Department and the Community Development
Division.
4 . If, during the course of site clearing, excavation, or other
constructional activities, an archaeological or historical
site, artifact, or other indicator is discovered, all deve-
lopment 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.
5. The Petitioner should investigate the relocation of the
sewage treatment plant (i.e. utility site) from the
northeastern corner of the parcel to some other location
within the parcel .
6 . Literal Zones must comply with Collier County' s Excavation
Permit and South Florida Water Management District design
specificaions for slopes.
•-iii
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