EAC Minutes 11/02/1988 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL
DATE: November 2 , 1988
TIME: 9 : 15 A.M.
PLACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center, Naples, Florida
EAC STAFF PRESENT
CARDILLO X BURCH X
BELOW EXC EDWARDS X
BENEDICT X KOOPMAN X
KURGIS X LORENZ X
SNYDER EXC NADEAU X
MINUTES BY: Dalila Mendez, Deputy Clerk
CALLED TO ORDER AT: 9 : 15 A.M. ADJOURNED: 11 : 25 A.M.
PRESIDING: John P. Cardillo, Chairman
ADDENDA TO THE AGENDA: Item regarding Staff reports added by Dr .
Benedict
,n
Page 1
_ ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
***
ITEM: Approval of Minutes - October 19, 1988
COMMENTS: Dr . Benedict noted that the following changes be
incorporated into the Minutes of October 19,
1988 :
Page 4, Paragraph 3 , fourth sentence, the words
"and stating" were added after the word
"questioning" .
Page 5 , second paragraph from the bottom, the
"question mark" was replaced with a "period" .
MOTION: Made by Dr. Benedict to approve the minutes of October
19, 1988, as amended. Seconded by Ms. Kurgis. Carried
3/0.
***
PETITION NO: PU-88-17C
FILED BY/FOR: Alan D. Reynolds of Wilson, Miller, Barton,
Soll , and Peek, Inc. representing Harper
Brothers, Inc .
REQUESTING: A provisional use "a" of the "I" zoning classi-
fication for an asphalt plant and material
storage.
REPRESENTED BY: Mr. Willis Kingsbury
COMMENTS: Mr . Kingsbury of Wilson, Miller, Barton, Soll
and Peek Inc. advised that the facility for the
asphalt plant will be located on 7 . 54 acres of
land in the northeast portion of Naples
Commercial Park. He indicated that the site is
surrounded by industrial property and this
request is for a provisional use of the
industrial zoning. He stated that the peti-
tioner concurs with the recommendations of the
Staff report .
Mr. Edwards advised that the site has been
disturbed in the past by the creation of sandy
roadways and other trails throughout the pro-
perty. He indicated that the canopy layer
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ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
consists solely of slash pine; the understory is
dominated by melaleuca, and cabbage palm with
scattered Brazilian pepper and winged sumac. He
noted that the groundcover is dominated by
palmetto and early successional , disturbance
species are also dominating. He advised that
he has discussed asphalt plants, stipulations
and regulations with a member of DER. He
stated that the Staff report details the maxi-
mum particulate emissions from asphalt plants,
and DER' s statement that the baghouse and stack
design of the proposed asphalt plant are the
most effective for controlling particulate
emissions. He stated that DER performs yearly
stack tests and periodic unannounced inspec-
tions throughout the year to ascertain that
they are in compliance. Based on the afore-
mentioned, he stated that Staff recommends
approval subject to the four standard EAC sti-
pulations.
Responding to Ms. Kurgis, Mr. Kingsbury advised
that there are two types of oil on site, which
include basic oils used to fire furnaces; will
be in impervious compounds including the pipe
lines to the facilities, and will meet state and
federal codes. He stated that if there is any
rupture of the tank or spillage, there is con-
tainment areas large enough to contain all of
their volume. He noted that the asphalt oil
silicifies as soon it drops below 160° , and is
not a liquid, unless it is super-heated. He
stated that Staff is comfortable with the full
containment concept .
Dr. Benedict asked how the petitioner will deal
with any leakage or problems with other units
and is there containment around them? Mr.
Kingsbury responded that an alternate drawing
was provided that indicated the actual contain-
ment with the trench containment going through
the pipe lines to the burners, and oil would
flow back to the main compound area should any
rupture occur in the lines. He indicated that
the asphalt oil tanks will be set on a concrete
slab outside the compound area to assure that
if "hot" spillages occur they will drop on the
concrete slab, which will be 10 feet larger than
the compound area.
Page 3
•
ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
Referring to the diagram, Mr. Kingsbury deli-
neated the areas where the containment areas
will be located. Mr . Nadeau advised Dr .
Benedict that Staff does not have a revised
plan. He noted that after meeting with NRMD,
Planning Services and Mr. Lorenz it was agreed
that the storage tanks for the asphalt as well
as the fuel would be put in a containment area.
He confirmed that the asphalt tank would be
placed on a 10 foot wide slab which would
exceed the outside edges of the tank, and added
that it will be stipulated as such in the Staff
report .
In response to Dr. Benedict , Mr. Inge of Harper
Brothers advised that the baghouse itself is
optional if fuel emissions can be controlled
without its usage. He noted that it is the most
effective means to maintain emissions with DER' s
standards, and is a safety measure to ascertain
that the restrictions will not be violated.
Dr. Benedict asked what Phase II of the project
would entail? Mr . Harper of Harper Brothers,
Inc. , advised that the clearing levels indicated
on the plan are sufficient to allow for the
stack house material needed on site; however, if
volume increases, the size of the stack piles
will require future clearing and County appro-
val . Mr. Kingsbury noted that a 50 foot buffer
is required for the provisional use which was
done during the development process to assure
that all the guidelines were met . He stated
that the buffer is a setback for construction
and is not a vegetated buffer which would be
opted to be done on the east side of the pro-
perty.
Responding to Mr. Cardillo, Mr. Harper advised
that the facility will be serving the contrac-
tors in the Naples area for an indefinite period
of time.
Dr . Benedict asked how tall the towers would be?
Mr. Harper responded that the towers will be
limited by the Zoning ordinance, which states
that structures cannot be over 90 feet, and
stack piles cannot be over 60 feet .
Page 4
,..r ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2, 1988
COMMENTS: Dr. Benedict recommended that three additional
stipulations be added indicating the 50 foot
buffer on the east side of the property; the use
of the baghouse for emission control , and the
additional containment as described during the
hearing and discussed with Staff . Messrs.
Kingsbury and Harper did not object to the
additional stipulations.
MOTION: Made by Mr. Cardillo to recommend approval of Petition
PU-88-17C, subject to the stipulations listed below.
Seconded by Dr. Benedict. Carried 3/0.
STIPULATIONS:
1 . Petitioner shall be subject to Ordinance 75-21
(or the tree/vegetation removal ordinance in
existence at the time of permitting) , requiring
the acquisition of a tree removal permit prior
to any land clearing. A site clearing plan
shall be submitted to the Natural Resources
Management Department for their review and sub-
ject to approval prior to any work on the site.
This plan may be submitted in phases to coincide
with the development schedule. The site
clearing plan shall clearly depict how the final
site layout incorporates retained native vegeta-
tion to the maximum extent possible and how
roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate
this goal .
2 . Native species shall be utilized, where
available, to the maximum extent possible in the
site landscaping design. A landscaping plan
will be submitted to the Natural Resources
Management Department and the Community
Development Division for their review and sub-
ject to their approval . This plan will depict
the incorporation of native species and their
mix with other species, if any. The goal of
site landscaping shall be the re-creation of
native vegetation and habitat characteristics
lost on the site during construction or due to
past activities.
3 . All exotic plants, as defined in the County
Code, shall be removed during each phase of
construction from development areas, open space
Page 5
ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
areas, and preserve areas. Following site deve-
lopment , a maintenance program shall be imple-
mented to prevent reinvasion of the site by such
exotic species. This plan, which will describe
control techniques and inspection intervals,
shall be filed with and subject to approval by
the Natural Resources Management Department and
the Community Development Division.
4. If, during the course of site clearing, excava-
tion, or other constructional activities, an
archaeological or historical site, artifact , or
other indicator is discovered, all development
at that location shall be immediately stopped
and the Natural Resources Management Department
notified. Development will be suspended for a
sufficient length of time to enable the Natural
Resources Management Department or a designated
consultant to assess the find and determine the
proper course of action in regard to its salva-
geability. The Natural Resources Management
Department will respond to any such notification
in a timely and efficient manner so as to pro-
vide only a minimal interruption to any
constructional activities.
5 . Fifty foot buffer on the east side of the pro-
perty.
6 . The use of the baghouse for emission control .
7 . Additional containment as described in the
hearing and discussed with Staff .
***
PETITION NO: PU-88-20C
FILED BY/FOR: Joseph S. Boggs of Bruce Green and Associates,
Inc. representing Lee Williams
REQUESTING: A provisional use 8 . 10 b of MHRP (Mobile Home
Rental Park) for a sewage treatment plant .
REPRESENTED BY: Mr . Joseph S. Boggs
COMMENTS: Mr . Boggs, representing Lee Williams, stated
that the request is for a provisional use for a
sewage treatment plant on property located
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ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
south of the Hitching Post Mobile Home Park,
that was previously an old farmfield.
Ms. Stevens advised that the parcel consists of
4 . 34 acres with a canal located on the western
boundary of the property. She stated that the
northern, western and some interior areas are
infested with noxious exotics (Melaleuca and
Brazilian pepper) ; the parcel supports widely
scattered slash pine with an average diameter
of 6 inches with a graminoid groundcover. She
stated that the native habitat on the parcel
has become impacted by past activities;
however, Staff recommends approval subject to
the four EAC standard stipulations.
Ms. Kurgis asked in how many stages the treat-
ment plant will be initiated? Mr . Boggs
responded that the sewage treatment plant will
be built in two phases, but the ponds that will
take the bulk of the site, will be built at one
time. He indicated that the plant will be
designed and built in accordance with State and
County regulations.
In response to Dr. Benedict , Mr . Boggs advised
that there will be a new EIS for the new park
to be constructed. He reiterated that 75% of
the land for the Mobile Home Rental Park is a
farmfield, and the southeast corner of the par-
cel consists of oaks, and a seasonal wetland.
He stated that some of the oaks will be left in
place and others will be transplanted. He noted
that the Army Corps of Engineers has made its
assessment and determined that the wetland
vegetation falls under a nationwide permit for
which the petitioner will have to apply. He
advised that Henderson Creek is located 3/4 of a
mile from the treatment plant and the parcel
is immediately adjacent to the Hitching Post
Park. To further clarify the location of the
parcel, Mr . Boggs delineated the shaded areas
on a sketch provided.
MOTION: Made by Dr. Benedict to approve Petition PU-88-20C with
the EAC standard stipulations. Seconded by Ms. Kurgis.
Carried 3/0.
STIPULATIONS:
Page 7
/'-\ ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
1 . Petitioner shall be subject to Ordinance 75-21
(or the tree/vegetation removal ordinance in
existence at the time of permitting) , requiring
the acquisition of a tree removal permit prior
to any land clearing. A site clearing plan
shall be submitted to the Natural Resources
Management Department for their review and sub-
ject to approval prior to any work on the site.
This plan may be submitted in phases to coincide
with the development schedule. The site
clearing plan shall clearly depict how the final
site layout incorporates retained native vegeta-
tion to the maximum extent possible and how
roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate
this goal .
2 . Native species shall be utilized, where
available, to the maximum extent possible in the
site landscaping design. A landscaping plan
will be submitted to the Natural Resources
Management Department and the Community
Development Division for their review and sub-
ject to their approval . This plan will depict
/'N the incorporation of native species and their
mix with other species, if any. The goal of
site landscaping shall be the re-creation of
native vegetation and habitat characteristics
lost on the site during construction or due to
past activities.
3 . All exotic plants, as defined in the County
Code, shall be removed during each phase of
construction from development areas, open space
areas, and preserve areas. Following site deve-
lopment , a maintenance program shall be imple-
mented to prevent reinvasion of the site by such
exotic species. This plan, which will describe
control techniques and inspection intervals,
shall be filed with and subject to approval by
the Natural Resources Management Department and
the Community Development Division.
4 . If , during the course of site clearing, excava-
tion, or other constructional activities, an
archaeological or historical site, artifact , or
other indicator is discovered, all development
at that location shall be immediately stopped
and the Natural Resources Management Department
Page 8
�-. ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
notified. Development will be suspended for a
sufficient length of time to enable the Natural
Resources Management Department or a designated
consultant to assess the find and determine the
proper course of action in regard to its salva-
geability. The Natural Resources Management
Department will respond to any such notification
in a timely and efficient manner so as to pro-
vide only a minimal interruption to any
constructional activities.
***
PETITION NO. PU-88-16C
FILED BY/FOR: Robert K. Lockhart , P.E. , Wilson, Miller,
Barton, Soll , & Peek, Inc. , representing William
Higgs.
REQUESTING: A provisional use "b" of A-2 earthmining.
REPRESENTED BY: Mr . Robert K. Lockhart
COMMENTS: Mr. Lockhart, representing William Higgs,
advised that the petition is to request two
modifications to the existing provisional use
(PU-81-20C) ; to increase the depth of excava-
tion and to modify the provisions for
transporting of material off-site to locations
throughout the Naples area. He stated that pre-
sently this process is limited to I-75 construc-
tion only, and he would like to expand for
greater market ability. He noted that the
petitioner concurs with Staff ' s recommen-
dations and the stipulation.
Mr. Burch reiterated the above statement
regarding the request , and added that the remo-
val of the fill material and the increased
depth of excavation will not have any environ-
mental impacts on the property. He stated that
the area is surrounded on the north and east by
transitional upland/wetland forest habitat,
dominated by slash pine with moderate
melaleuca invasion, and there is also a
wetland preserve area near the south border of
the site which is in the northeast sector of
the intersection of I-75 and C .R. 951 . He
Page 9
ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
advised that Staff had concerns about the
possible effects on ground water and surface
water in the area; therefore, an EIS was
required with emphasis on water quality in and
around the pit . He noted that Staff also
raised concerns about the possible blasting and
fracturing of the confining layer that defines
the upper limit of the Lower Tamiami Aquifer.
He noted that other concerns were the project 's
proximity to wellfields, intrusion by sub-
surface trapped saltwater and effects on migra-
tion of water from the nearby County landfill
which is approximately 3/4 of a mile from the
area. The proposed mining and blasting is
unlikely to da,.ae the subtending confining
layer, he noted. He stated that the operation
will be a wetmining project and will not
require dewatering; nor will ground water flow
be adversely affected. He indicated that Staff
recommends approval subject to a stipulation
related to exotic plants and native habitat
preservation, as defined in Ordinance 82-37 .
In response to Ms. Kurgis, Mr. Lockhart advised
n that the applications approved by the Board for
excavations have varied in depths from a mini-
mum depth to a maximum depth of 50 feet . He
advised that the Water Management Advisory
Board (WMAB) and the Board of County
Commissioners usually include ground water
monitoring stipulations. He noted that the
petitioner has done several borings on site to
verify the material quality for the excavation,
which is proposed to a depth of 30 feet , and
has confirmed that blasting is not needed below
the upper 10 feet . He noted that WMAB usually
reviews excavation applications thoroughly, and
stipulate any concerns relating to the project ' s
impact on the area. He further indicated that
WMAB has recommended approval of the excavation
with stipulations that a program be established
and implemented between WMAB Director Boldt,
NRMD, and EAC at the conclusion of all
hearings.
Mr. Lockhart confirmed for Dr. Benedict that the
area identified as zone "b" is the wetland pre-
serve. He indicated that presently there is no
master plan prepared for potential future use of
Page 10
ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2, 1988
the site. He noted that in the 1981 petition,
some areas were designated as "ST" and since
the wetland areas were highly impacted, the "ST"
designation was no longer applicable. Dr.
Benedict suggested that the original stipula-
tions regarding the wetland preserve be applied
to the petition as the wetland preserve labeled
on the site map as Zone "b" does not specifi-
cally define the area. He suggested that the
original report be reviewed and any stipula-
tions that still apply be added.
Mr. Cardillo expressed concerns about the depth
of the excavation as it would be in close
proximity to the cap rock. Mr. Lockhart
clarified for Mr. Cardillo that the confining
layer of the aquifer was not reached, and the
cap rock is on the upper 10 feet , below that
is sand, loose rock, etc. down to a depth of 40
feet, and the excavation proposed is for a
depth of 30 feet . He noted that the Lower
Tamiami Aquifer is approximately 90 feet and
the water quality should not be adversely
affected by the proposed excavation. Mr. Burch
n advised that the reference used by Staff
suggested a 40 foot depth and the depth of the
confining layer is quite variable. Mr .
Cardillo asked why there were limitations to 20
foot depths? Mr. Lockhart responded that the
limitations for lake excavations are derived by
the Excavation Ordinance. He noted that
decaying of the lakes is faster when they are
smaller and deeper, and pointed out that the
proposed depth is not the maximum possible. He
reiterated his previous statement regarding
WMAB restrictions on such a use. He stated
that the proposed use is a few miles from the
County Landfill and the nearest wellfield is
the Florida Cities Golden Gate Wellfield which
is two miles northwest of the project . He
noted that the project will not degrade the
water quality derived from the wellfield.
Dr . Benedict stated that the entire western
portion of Collier County is one large aquifer .
Environmental Science and Pollution Control
Director Lorenz advised that a Hydrologist
reviewed the data provided by the applicant
and determined that there will not be any dewa-
Page 11
ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
tering. He, therefore, indicated that changes
are not expected to occur in the ground water
other than what is typical in the area.
MOTION: Made by Dr. Benedict to recommend approval of Petition
PU-88-16C subject to Staff 's recommended stipulation,
and with the addition of two stipulations, as noted
below. Seconded by Ms. Kurgis. Carried 2/1, (Mr.
Cardillo opposed) .
STIPULATIONS:
1 . All exotic plants, as defined by County
Ordinance 82-37 shall be removed from the pre-
serve area, and any other native habitat within
the project limits, upon the initiation of the
proposed mining activity.
2 . So-called Zone "b" , be designated and preserved
as a wetland preserve, and designated on all
future site maps.
3 . All previously applicable environmental stipula-
tions will be added to the project approval .
COMMENTS: Mr. Lorenz requested that Dr. Benedict be more
specific as to the area in question, and Dr .
Benedict stated that his concerns pertain mainly
to the wetland area. He suggested that Staff
make the determination as to which areas
are wetlands and which are not .
***
PETITION NO. R-87-43C
FILED BY/FOR: J. Gary Butler of Butler Engineering, Inc . ,
representing Quail Woods Estates Development
Corp.
REQUESTING: A zoning change from A-2 to RMF-6 for construc-
tion of multi-family residences.
REPRESENTED BY: Mr. J. Gary Butler
COMMENTS: Mr. Gary Butler, representing Quail Woods
Estates Development Corp. , stated that the site
is currently zoned agricultural and the peti-
tion is to change the zoning to RMF-6. He noted
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ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
that the site consists of 18 . 7 acres and is
located on the south side of Immokalee Road
between I-75 and Airport Road. He indicated
that the original report indicated the range as
29, but is correctly noted as Range 25 on the
Staff report . He indicated that the site has
one natural area that will be retained for the
water management system.
Mr . Edwards advised that the northern half of
the site is a xeric system dominated by large
patches of palmetto with scattered slash pine.
He noted that the understory consists of palmet-
tos, winged sumac, and cabbage palm, and the
ground cover consists of mostly graminoids with
scattered prickly pear, blackroot and poison
ivy. He stated that the eastern half of the
xeric landscape has been heavily invaded by
grape vine and Brazilian pepper . He stated that
the southern half of the property consists of
cabbage palms, bald cypress, and the ground
cover consists of ragweed, dog fennel and grami-
noids. He noted that there is a portion in the
eastern half of the site which is of concern;
n this area is dominated by cypress, 12-16" DBH,
with an understory of pop ash and groundsel . He
confirmed that the petitioner intends to keep
this area as a natural area preserve and incor-
porate it into the water management plan, and
noted that Staff endorses the plan. Based on
the aforementioned, Mr . Edwards indicated that
Staff recommends approval of the petition sub-
ject to Standard Stipulations 1-4, and
Stipulation 5 .
Dr . Benedict stated that the EIS provided does
not follow the standard format , as it is
shorter, briefer and does not contain all the
information needed. Mr. Butler advised that
the original EIS included a vegetative index,
and an aerial . Dr. Benedict stated that the
natural area should not be designated as a
"natural area" , but designated as a "wetland
preserve area" . Referring to Stipulation 5 , he
stated that the words "at their existing loca-
tion" should be incorporated into the first
sentence, and in regard to the second sentence,
he noted that the word "not" should be inserted
after the word "If" . In regard to the EIS, Dr .
Page 13
ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
Benedict commented that Staff ascertain that
the EIS be consistent , and contain the
necessary information.
MOTION: Made by Ms. Kurgis to recommend approval of Petition
R-87-43C, subject to Standard Stipulations 1-4, and
Stipulation 5, as modified. Seconded by Mr. Cardillo.
COMMENTS: Dr . Benedict expressed concerns about the EAC
approving a petition without a complete EIS,
therefore, he noted he would vote against the
petition until the EIS is complete. In response
to Mr. Cardillo, Mr. Burch noted that the EIS
review would not take too much time.
Upon call for the question, the motion failed,
1/2 (Dr. Benedict and Mr. Cardillo opposed) .
COMMENTS: Mr. Cardillo recommended that Petition R-87-43C
be continued for two weeks, in order to give
the petitioner time to prepare the EIS, at
which time the EAC will review it and make a
positive determination; Mr. Butler did not have
any objections to this recommendation. The
consensus was to continue petition R-87-43C to
November 16, 1988 .
***
Recess 10:35 a.m. - Reconvened 10:45 a.m.
***
PETITION NO. PDA-88-9C
FILED BY/FOR: James E. Vensel of James E. Vensel Associates,
Inc. , representing The Deltona Corporation.
REQUESTING: A PUD amendment to the Marco Shores PUD.
REPRESENTED BY: Mr. James E. Vensel
COMMENTS: Mr. Vensel , representing the petitioner, stated
that the 1984 PUD had resulted in deeding 15,000
acres of mangroves to the State of Florida, and
14, 500 dwelling units were approved at the time.
He indicated that the PUD amendment is for Unit
30. Delineating the areas on the sketch, he
pointed out that the request is for the
Page 14
ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
construction of an 18-hole golf course for use
of the Marriott Hotel . He indicated that the
original PUD required that the dwelling units
have access to S .R. 951 . He indicated that the
petitioner is proposing to decrease the density
from 9, 110 to 7,000 dwelling units resulting in
the elimination of a road connection. He noted
that approved access to Unit 30 for the golf
course will be available in 1989. He stated
that an 18 . 4 acre lake will provide fill for the
four-laning of S .R. 951 .
Mr . Vensel noted that the original stipulations
are still in effect , and concur with Staff ' s
recommendations.
Ms. Stevens advised that the proposed amendments
to the Marco Shores PUD will not further alter
the environmental conditions of the site. She
stated that they will provide for additional
environmental protection as compared with the
approved PUD plans. She noted that environmen-
tal improvements to the original plan include
the elimination of a road traversing a wetlands
preserve, the donation of land to Rookery Bay,
and the reduction in overall project density.
She noted that Staff recommends approval, and
the 1984 stipulations are still applicable.
Mr. Vensel noted that since the 1984 approval,
the area which included approval of 2 , 544
dwelling units has been deeded to the State.
Responding to Dr. Benedict, Mr. Vensel noted
that the wording pertaining to the causeway' s
elimination is included in the PUD document, and
has been changed to read that it will be a pre-
servation area. He noted that the land deeded
to the State was retained as an easement by the
State, and will be removed.
Ms. Stevens clarified for Dr . Benedict that the
"donation of land" as indicated in the Staff
report, is not part of the requested amendment,
but of the original petition. Mr . Vensel con-
curred with Dr. Benedict 's recommendation that
the causeway be abandoned and committed as a
preservation, and that the original stipulations
still apply.
n
Page 15
ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
MOTION: Made by Dr. Benedict to recommend approval of Petition
PDA-88-9C, subject to the following stipulations.
Seconded by Ms. Kurgis.
STIPULATIONS:
1 . All original environmental stipulations still
apply.
2 . The former causeway road connection be committed
to the preservation district , and that the ease-
ment be abandoned, if there is an easement on
State land.
COMMENTS: Ms. Stevens noted that the aforementioned recom-
mendation is worded as such within the ordi-
nance. Dr. Benedict confirmed that he wanted
the wording included in the ordinance as a sti-
pulation.
MOTION: Upon call for the question, the motion carried
3/0.
***
n
PETITION NO. R-88-22C/PU-88-23C
FILED BY/FOR: Sutter Marcus, Inc. , representing Charles and
Brenda Scire.
REQUESTING: A zoning change from A-2 to RSF-4 for 20
dwelling units, and provisional use "g" of RSF-4
for cluster housing. (Bailey Lake)
REPRESENTED BY: Mr. Steve Sutter
COMMENTS: Mr. Steve Sutter, representing the petitioner,
advised that the request is to change the zoning
from A-2 to RSF-4 for the construction of 20
dwelling units, consisting of 10 buildings. He
noted that after meeting with Staff , the foun-
dations of the buildings have been redesigned to
go into the stem walls which will save existing
vegetation to its maximum.
Ms. Stevens advised that the site is an open
disturbed area partially vegetated with palmet-
tos, slash pines, and exotic Brazilian pepper.
She noted that the ground cover consists mostly
Page 16
ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
of various grasses. The site was cleared prior
to 1985, she noted. She further noted that the
petitioner has indicated an interest in pre-
serving as many of the native trees on site as
feasible, and Staff recommends approval subject
to the four standard stipulations.
Responding to Ms. Kurgis regarding the size of
the lake, Mr . Sutter stated that according to
the engineers the size of the lake is necessary
for water retention. Ms. Stevens noted that the
trees in the middle portion of the property con-
sist mostly of Brazilian pepper. Mr. Sutter
confirmed for Dr. Benedict that the area will be
as undisturbed as possible. Dr. Benedict com-
mented that he would like to see dry retention
and restored greenery instead of the lake. Mr.
Vensel , however, advised that when the engineers
implemented the work, they felt a lake would be
more attractive. Dr. Benedict commented that
the EAC ' s policy has been to encourage dry
retention. After further discussion, Dr.
Benedict recommended the following stipulation:
"Every effort be made to reduce the lake size to
utilize dry retention and to maintain existing
vegetation and replant it in a native habitat" .
Mr. Sutter did not have any objections to this
recommendation.
MOTION: Made by Dr. Benedict to recommend approval of Petitions
R-88-22C and PU-88-23C with EAC standard stipulation,
and with an additional stipulation, as noted below.
Seconded by Ms. Kurgis. Carried 3/0.
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 acquisi-
tion 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 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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e-N ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
2 . Native species shall be utilized, where available,
to the maximum extent possible in the site
landscaping design. A landscaping plan will be sub-
mitted 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 pre-
serve areas. Following site development , a main-
tenance 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 sub-
ject to approval 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 archaeologi-
cal 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.
5 . Every effort be made to reduce the lake size to uti-
lize dry retention and to maintain existing vegeta-
tion and replant it in a native habitat .
***
PETITION NO. R-88-19C/PDA-88-10C
FILED BY/FOR: Alan D. Reynolds of Wilson, Miller, Barton, Soll
/\ & Peek, Inc . , representing David A. Urich, agent
for Youth Haven, Inc.
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ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
REQUESTING: A zoning change from RMF-6 to PUD and a PUD
amendment to Youth Haven PUD.
REPRESENTED BY: Mr . Alan D. Reynolds
COMMENTS: Mr. Reynolds advised that the request includes
PUD modification to the existing Youth Haven,
Inc. planned unit development and a rezoning of
an additional piece of property to the east of
the PUD. He noted that 9. 7 acres are not part
of the PUD which is zoned RMF-6, and the
existing PUD is 14 . 3 acres of land. He indi-
cated that Executive Director Urich is present
should the EAC have any questions pertaining to
Youth Haven' s operation. He noted that the
request is for expansion of the facility to be
implemented as funds become available. He
stated that the original PUD was approved in
1981 and the documentation for the present
request is fully detailed. He noted that the
site consists of pine flatwoods, slash pine is
the dominant canopy tree, and the understory
consists of native and exotic vegetation. He
indicated that the plan will have dry retention,
but presently there is a lake on site for the
purpose of water retention. He concluded by
stating that the petitioner concurs with the
Staff report and the recommended stipulations.
Mr . Edwards reiterated that the site consists of
pine flatwood, with a few small cypress trees
remaining; the understory consists of melaleuca,
and the ground cover consists of scattered
patches of palmettos, poison ivy, etc. He
stated that Staff recommends that the petitioner
utilize native species in the landscaping plan
and recommends approval of the petitions subject
to the four standard EAC stipulations.
Mr. Cardillo asked if the impact to the area
could be as a result of the prior development of
Youth Haven? Mr . Edwards responded that the
impact in the area is probably due to the
construction of road side and drainage canals.
MOTION: Made by Ms. Kurgis to recommend approval of Petitions
R-88-19C and PDA-88-10C, subject to EAC standard stipu-
lations. Seconded by Dr. Benedict. Carried 3/0.
Page 19
ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2, 1988
STIPULATIONS:
1 . Petitioner shall be subject to Ordinance 75-21
(or the tree/vegetation removal ordinance in
existence at the time of permitting) , requiring
the acquisition of a tree removal permit prior
to any land clearing. A site clearing plan
shall be submitted to the Natural Resources
Management Department for their review and sub-
ject to approval prior to any work on the site.
This plan may be submitted in phases to coincide
with the development schedule. The site
clearing plan shall clearly depict how the final
site layout incorporates retained native vegeta-
tion to the maximum extent possible and how
roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate
this goal .
2 . Native species shall be utilized, where
available, to the maximum extent possible in the
site landscaping design. A landscaping plan
will be submitted to the Natural Resources
Management Department and the Community
Development Division for their review and sub-
ject to their approval . This plan will depict
the incorporation of native species and their
mix with other species, if any. The goal of
site landscaping shall be the re-creation of
native vegetation and habitat characteristics
lost on the site during construction or due to
past activities.
3 . All exotic plants, as defined in the County
Code, shall be removed during each phase of
construction from development areas, open space
areas, and preserve areas. Following site deve-
lopment, a maintenance program shall be imple-
mented to prevent reinvasion of the site by such
exotic species. This plan, which will describe
control techniques and inspection intervals,
shall be filed with and subject to approval by
the Natural Resources Management Department and
the Community Development Division.
4 . If, during the course of site clearing, excava-
tion, or other constructional activities, an
archaeological or historical site, artifact , or
other indicator is discovered, all development
Page 20
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ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 2 , 1988
at that location shall be immediately stopped
and the Natural Resources Management Department
notified. Development will be suspended for a
sufficient length of time to enable the Natural
Resources Management Department or a designated
consultant to assess the find and determine the
proper course of action in regard to its salva-
geability. The Natural Resources Management
Department will respond to any such notification
in a timely and efficient manner so as to pro-
vide only a minimal interruption to any
constructional activities.
***
ITEM: ADDENDA
COMMENTS: Dr . Benedict commented that in reading the Staff
reports he noticed that they were too brief , and
should be written as in the past which specifi-
cally indicated areas of concern. Mr. Burch
noted that the petitions previously discussed
were straight forward projects, and the Staff ' s
concerns were indicated. Dr . Benedict indicated
that Staff reports should include three impor-
tant factors; the description of the site, Staff
concerns about the site, Staff ' s recommendations
as well as Staff ' s analytical findings.
Ms. Stevens noted that recommendations have
changed not the contents of Staff ' s reports.
She concurred with Dr. Benedict ' s recommendation
that Staff ' s concerns be listed in the Staff
reports. Mr. Lorenz advised that Acting
Community Development Administrator 011iff is in
the process of scheduling a workshop with the
EAC to discuss the aforementioned items. He
noted that presently Mr . 011iff is compiling a
document which will reflect his recommendations,
and also noted that he would advise him of Dr .
Benedict ' s concerns.
***
There being no further business, the meeting was adjourned
by Order of the Chair .
ENVIRONMENTAL ADVISORY COUNCIL
John P. Cardillo, Chairman
Page 21