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EAC Minutes 10/05/1988 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: October 5 , 1988 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center , Naples, Florida EAC STAFF PRESENT CARDILLO X BURCH X BELOW X CACCHIONE X BENEDICT X EDWARDS X KURGIS X LORENZ X SNYDER X MULDOON X STEVENS X MINUTES BY: Ellie Hoffman, Deputy Clerk CALLED TO ORDER AT: 8: 45 A.M. ADJOURNED: 10 : 00 A.M PRESIDING: John P. Cardillo, Chairman ADDENDA TO THE AGENDA: Item re Pelican Bay added by Mr . Below Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 5, 1988 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PETITIONS ADMINISTRATIVELY APPROVED BY NRMD 1. PDA-88-8C: Christian F. Henning of Suncoast Development Corporation, representing Continental Financial Ltd. ; requesting a PUD Amendment to Bay Forest. 2 . PU-88-19C: Florida Department of Transporta- tion; requesting a provisional use 8.10b of "E" for FDOT Construction Office. 3 . PU-88-18C: Thomas Crandall of Collier County Utilities; requesting a provisional use 8 .10 of "E" for wellfields - Golden Gate Estates. 4. R-88-20C/PDA-88-11C: Alan D. Reynolds of Wilson, Miller, Barton, Soll & Peek, Inc. , representing Naples R & D Group Inc. ; requesting a zoning change from A-2 to PUD/a PUD amendment to Naples Research & Development Park. V. OLD BUSINESS 1. Discussion - Landscape Committee recommendations for site development plan review for standard stipulation No. 2 . VI. PUBLIC HEARINGS A. R-88-15C/PU-88-15C: Anthony P. Pires , Jr. or Woodward & Woodward, P.A. , representing Gulfside Marketing, Inc. , Clyde Quinby, Trustee; requesting a zoning change from A-2 to RSF-3 "Wyntree" and a provisional use 8 .10 b (Essential Services) of RSF-3 for clubhouse, tennis courts . B. ST-88-15C: Robert A. Lee, Trustee; requesting a special treatment permit for a proposed boat dock for a single family residence. VII. NEW BUSINESS 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, October 3, 1988 , if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. D. 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. ii ******************.******************************************* 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 EE BASED. ********** *********** ********** ************************************************************* ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 5, 1988 ***** PETITION NO. PDA-88-8C FILED BY/FOR: Christian F. Henning of Suncoast Development Corporation representing Continental Financial Ltd. REQUESTING: A PUD Amendment to Bay Forest COMMENTS: This Petition was administratively approved by NRMD. There were no comments regarding sub- ject Petition. ***** PETITION NO. PU-88-19C FILED BY/FOR: Florida Department of Transportation REQUESTING: A Provisional Use 8. 10b of "E" for FDOT Construction Office COMMENTS: This Petition was administratively approved by NRMD. There were no comments regarding sub- ...—. ject Petition. ***** PETITION NO. PU-88-18C FILED BY/FOR: Thomas Crandall of Collier County Utilities REQUESTING: A Provisional Use 8 . 10 of "E" for Wellfields in Golden Gate Estates COMMENTS: This Petition was administratively approved by NRMD. There were no comments regarding sub- ject Petition. ***** PETITION NO. R-88-20C/PDA-88-11C FILED BY/FOR: Alan D. Reynolds of Wilson, Miller, Barton, Soil & Peek, Inc. , representing Naples R & D Group Inc. REQUESTING: A zoning change from A-2 to PUD/A PUD amend- ment to Naples Research & Development Park Page 2 r. ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 5, 1988 COMMENTS: This Petition was administratively approved by NRMD. Dr . Benedict noted that the NRMD approval, as contained in the Staff Report, indicates that . . . . the petitioner in designating 1. 0 acre forested area as a preserve" , and questioned whether this is an additional stipulation? Mr . Edwards stated that the 1 acre preserve is located in the rezone area, and was not included in the original PUD, or in the origi- nal stipulations, noting that Staff is in agreement with this designation. ***** ITEM: Discussion - Landscape Committee recommen- dations for site development plan review for Standard Stipulation No. 2. COMMENTS: Ms. Muldoon began a review of subject item at this point in the meeting, but it was con- tinued to the end of the meeting, as so noted in the minutes. ***** PETITION NO. R-88-15C/PU-88-15C FILED BY/FOR: Anthony P. Pires, Jr . of Woodward & Woodward, P.A. , representing Gulfside Marketing, Inc. , Clyde Quinby, Trustee REQUESTING: A zoning change from A-2 to RSF-3 , a provi- sional use 7. 11b (3 ) of RSF-3 for a clubhouse and tennis courts, and a provisional use 8 . 10b for essential services (sewage treatment plant, water treatment plant) , "Wyntree" Subdivision COMMENTS: Mr . Dan Brundage of Agnoli , Barber & Brundage, Inc. stated that basically, the Staff Report recommends approval of subject project, but noted that during the process of discussions with Staff, questions were raised regarding the effect that the project may have on the Coral Reef Aquifer . He indicated that these Page 3 • ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 5 , 1988 questions were addressed in his letter dated September 15, 1988. With regard to the landscape requirement, Mr . Brundage indicated that he is requesting that the 75% groundcover used for native landscaping, be reduced to 60%. He stated that the 75% will create an unnecessary burden on the project. Ms. Stevens advised that the subject property has been previously used for potato farming for the past 10 years, and ditches and berms still remain on site. She stated that the entire parcel has been cleared of native trees and shrubs for many years, and there are various grasses and annuals found on site. She indicated that the primary NRMD concern is the affect that the land use will have on the Coral Reef Aquifer , but noted that these questions have been adequately addressed in Mr . Brundage' s correspondence dated September 15 , 1988 . Ms. Stevens noted that NRMD recommends appro- .-. val of this Petition, subject to Standard Stipulations 2-4 (noted as 1-3 below) , and the additional stipulation (No. 4) , regarding the site landscaping. STIPULATIONS: 1. 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. 2. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas , open Page 4 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 5, 1988 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 inspec- tion intervals, shall be filed with and sub- ject to approval by the Natural Resources Management Department and the Community Development Division. 3 . 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. 4 . The petitioner shall incorporate a large per- centage (at least 75%) of native species into the site landscaping to help restore the biological integrity of the area which has been lost through consecutive years of agri- cultural use. Ms Stevens noted that the 75% requirement as indicated in Stipulation No. 4 above was suggested because there are no native trees or shrubs on the site, and the Petitioner has stated a desire to restore the biological integrity of the area. She noted, however , the EAC may evoke this, if so desired. Dr . Benedict indicated that reference was made to a memo from Environmental Science and Pollution Control Director Lorenz , in Mr . Brundage ' s letter , noting that it is not included, and questioned whether copy is Page 5 • �..� ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 5, 1988 available, or if Mr . Lorenz could recall its content? Mr . Brundage provided a copy of the memorandum for Dr . Benedict' s review. A discussion took place regarding the required level of native vegetation, and Dr . Benedict stated that it should be consistent for everyone. Dr . Snyder stated that Standard Stipulation No. 2 indicates that "Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design" , and he feels that the petitioner is being asked to do as much as is humanly possible. Mr . Below commented that he believes the landscaping should be in accordance with Stipulation #2, noting that until such time the language is changed, he believes the issue could be challenged. Mr . Lorenz indicated that this topic is part of the discussion Ms. Muldoon will brief the Council on, later in the meeting. He noted that Staff has a problem with that particular stipulation when it comes down to reviewing the plans and specs relating to landscaping. He advised that there is no definition as to "the maximum extent possible. Dr . Benedict advised that when Stipulation No. 2 was written a few years ago, it was understood that soon, thereafter , an Ordinance would be adopted that would be specific, adding that he would like to see Staff come back with specific comments relating to the landscaping. There were no speakers, either for or against subject Petition. MOTION: Made by Ms. Kurgis to recommend approval of Petition R-88-15C/PU-88-15C, subject to the Stipulations as stated above, amending Stipulation No. 4 to read ',The Petitioner Page 6 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 5, 1988 shall incorporate at least 60% of native spe- cies into the site landscaping, subject to review and approval by NRMD " Seconded by Mr. Below. Carried unanimously PETITION NO. ST-88-15C FILED BY/FOR: Robert A. Lee, Trustee REQUESTING: A Special Treatment Permit for a proposed boat dock for a single-family residence. COMMENTS: Ms. Muldoon advised that on September 20 , 1988 , she inspected the site with Jim Beever of the Florida Department of Natural Resources. She stated that the Petitioner is proposing to construct a boat dock approxima- tely 54 ' long and 4 ' wide. She noted that approximate water depths are from 4-5 ' . She noted that the Petitioner is required by DNR to lengthen the dock 20 ' to minimize prop dredging and impact on shallow-water benthos . She indicated that the extension of the dock will require that the Petitioner obtain a boat dock extension through the County, and he must also apply for an Army Corps permit. Ms. Muldoon provided a slide presentation of subject parcel for the proposed dock, noting that it will not be constructed at the mouth of the lagoon, should it once again open up. Mr . Below stated that it appears the proposed dock will be located where there was a beach when the Pass was open, adding that if the configuration went back to where it originally was, the dock will be attached to land. Mr . Lee noted that the shore line has not moved more than 10 ' in the past 11 years . There were no speakers, either for or against subject Petition. MOTION: Made by Dr. Benedict to recommend approval of Petition ST-88-15C, subject to the Stipulation as noted below. Seconded by Mr. Below. Carried unanimously. Page 7 • ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 5, 1988 STIPULATION: 1. The Petitioner must obtain all the correct permits from other state, federal, and local agencies, and must adhere to all standards mandated by them in construction of the pro- posed dock. ***** ITEM: Landscape Committee Recommendations for Site Development Plan Review For Standard Stipulation No. 2 COMMENTS: Ms. Muldoon advised that Acting Community Development Administrator 011iff spoke to her in July regarding difficulties that the Landscape Architects were having with the 60% criteria she had set for the total plants. She noted that he had asked her to present this problem to the EAC, and request that the review process be changed, which would include the entire area, and suggested that the stan- dards be set in the language contained in the Stipulations. She stated that she attended the Landscape ^ Ordinance Committee Meeting on August 30 , 1988, to discuss the difficulties of the review process, and noted that the Committee is in the midst of rewriting the Landscape Code, and because these ideas will be incor- porated into it, they are looking for a "quick fix" of the review process, rather than rewriting the entire stipulation. The Committee has suggested the review of only the trees and understory, and excluding groundcover . She stated that basically, both the methodology of review and the rewriting of the stipulation needs to be accomplished. She indicated that the change in the Landscape Ordinance will be in final form in March, but adoption of the Ordinance by the Board of County Commissioners will most likely not take place until 4-6 months after that. Mr . Below noted that the EAC needs to decide what percentage should be adhered to, noting that the Standard Stipulation, as it currently reads, is too vague, and is unenforceable. He indicated that after the percentage is deter- Page 8 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 5, 1988 mined, it would be appropriate for Ms . Muldoon to review the total landscape plan, and then apply the percentage to the total area . Dr . Benedict indicated that he would like to see Ms. Muldoon come back to the EAC with a rewritten interim standard. He further indi- cated that Dr . Snyder knows more about native vegetation than the other members of the EAC, and suggested that they meet. Dr . Snyder questioned whether the system Ms . Muldoon has been using during the past two years was a workable one? Ms. Muldoon replied negatively, noting that the landscapers prefer that the evaluation of plants be done by area, rather than by num- bers, adding that they dislike using native material, since they feel they do not provide enough color , they are not pretty, tend to be sparsely vegetated, etc. She noted that people generally do not want to change what they have been doing for a long time, but indicated that there must be a balance between what the landscapers want, and what the biolo- gists want. In answer to Dr . Benedict, Ms. Muldoon stated that Anne McCoy, landscape architect, is willing to interact with her on this subject, and she feels that the two of them can arrive at something that will be amenable to both landscape architects and biologists , during the interim period. Dr . Benedict indicated that if Ms. McCoy is willing to work with Ms. Muldoon, he believes that interim standards and guidelines could be used to rewrite the Stipulation. He suggested that other counties be contacted to learn how they handle similar procedures. He stated that after the revisions have been made, Ms. Muldoon present them to the EAC, and not wait for the Landscape Code. MOTION: Made by Dr. Benedict that Staff be directed to work with Ms. McCoy, landscape architect, to revise the language in Standard Stipulation Page 9 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 5, 1988 No. 2, and submit the recommendation to the EAC for review. Seconded by Mr. Below. Carried unanimously. ***** ITEM: Addendum - Pelican Bay COMMENTS: Mr . Below advised that it came to his atten- tion that Pelican Bay is planning additional development in the area that the EAC pre- viously identified as a unique turkey oak area, noting that they plan to dispose of 1/3 of that area. He stated that he feels this area needs to be preserved, and questioned what can be done? Natural Resource Technician Burch stated that subject area is being platted, and parts of the turkey oak hammock will be sold into lots, and a portion will be preserved. Dr . Benedict indicated that he recalls discussions regarding the plat, and Pelican Bay was going to do what they could to pre- serve it, before they moved on to the next plat. Planner Cacchione advised that the area where turkey oaks exist is designated on the Pelican Bay Plan as Group IV Housing. She noted that the developers worked with Dr . Proffitt in the past to establish boundaries of the turkey oak area to be preserved, and they are in the pro- cess of continuing to plat that area. She stated that she and Mr . Burch will be meeting with the parties next week to review the area to the north that is to be platted, and the area that is to be preserved as the turkey oak area . ***** Dr . Benedict stated that he is curious about the EAC Ordinance, i .e. establishing new pro- cedures and meeting monthly, etc. , and questioned the status of it? Page 10 M ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 5 , 1988 Mr . Burch noted that he recently found a copy of the proposed ordinance, which was buried in the shuffle, adding that he forwarded same to the County Attorney' s office for review. ***** There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COUNCIL John P. Cardillo, Chairman r-. Page 11