EAC Agenda 02/03/1999 r
COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
FEBRUARY 3, 1999; 9 A.M.
COMMISSION BOARDROOM,THIRD FLOOR—ADMINISTRATION BUILDING
I. ROLL CALL
II. APPROVAL OF MINUTES -January 6, 1999
III. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
All matters listed under this item are considered to be routine and action will be taken
by one motion without separate discussion of each item. If discussion is desired by a
member of the Board,that item(s)will be removed from the Consent Agenda and
considered separately.
V. REGULAR AGENDA
A. Planned Unit Development No. PUD-98-17
"Whittenberg Estates PUD"
B. Commercial Excavation Permit No. EX 59.642
"Angela Excavation"
C. Planned Unit Development No. PUD-98-21
"The Club Estates PUD"
D. Planned Unit Development No. PUD-98-18
"Livingston Lakes PUD"
VI. OLD BUSINESS
VII. NEW BUSINESS
VIII. ADJOURNMENT
IX. WORKSHOP
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NOTES:
A. [Board Members]: Notify the PLANNING SERVICES DEPARTMENT (403-
2400)no later than 5 P.M. on January 29, 1999 if you cannot attend this meeting
or if you have conflict and thus will abstain from voting on a particular petition.
B. [General Public]: Any person who decides to appeal a decision of this board will
need a record of the proceedings pertaining thereto; and therefore may need to
insure that a verbatim record of the proceedings is made,which record includes the
testimony and evidence upon which the appeal is to be based.
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2
MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: January 6, 1998
TIME: 9 a.m.
PLACE: 3RD Floor Boardroom, Administration Building, Collier County Government
Center,Naples,Florida
EAB STAFF PRESENT
Dejong X Adarmes Minor X
Espinar X Ashton
Foley X Burgeson X
Hermanson Absent Chrzanowski X
Hill X Kuck X
Lenberger X
Mulhere
Seal X
MINUTES BY:, Stephen Lenberger, Environmental Specialist II
CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 9:28 a.m.
PRESIDING: Blair Foley, Chairman
ADDENDA TO THE AGENDA:
APPROVAL OF MINUTES:
Motion made by Mr. Hill , seconded by Mr. Espinar and carried 4/0,to approve minutes of
December 2, 1998.
ITEM: Regular Agenda-Item V.A.
PETITION NO: Planned Unit Development No. PUD-98-17
"Whittenberg Estates"
EAB Meeting January 6, 1998
Whittenberg Estates
page 2
Plan of Record:
Water Management:
"Whittenberg Estates Water Management Plan" Sheets 1 and 2 of 2 prepared by Coastal
Engineering Consultants,Inc.dated received October 1, 1998,no revisions.
Environmental:
WHITTENBERG ESTATES COLLIER COUNTY ENVIRONMENTAL IMPACT
STATEMENT prepared by Passarella and Associates,Inc.,dated August, 1998,revised December
1998.
Whittenberg Estates PUD document prepared by Coastal Engineering Consultants, Inc., dated
September 25, 1998,received by Project Review Services on December 15, 1998.
WHITTENBERG ESTATES PUD MASTER DEVELOPMENT PLAN prepared by Coastal
Engineering Consultants,Inc.,dated September 22, 1998,received by Project Review Services on
December 15, 1998.
WHT1 I bNBERG ESTATES SUBDIVISION PRELIMINARY WATER MANAGEMENT
REPORT prepared by Coastal Engineering Consultants,Inc.,dated August 21, 1998.
U.S. Fish and Wildlife Service letter (FWS Log No.: 4-1-99-I-6) to Mr. Skip Bergmann, U.S.
Army Corps of Engineers,dated December 11, 1998.
/'%s
V. STAFF COMMENTS:
Water Management:
Whittenberg Estates is a proposed 37.94 acre residential subdivision currently undeveloped. The
completed project will consist of 77 single family residences,road R/W and a lake. The front half
of the lots will drain towards the road drainage system which will discharge to the lake via catch
basin and pipe network.The rear half of the lots adjacent to lakes or wetlands will drain towards a
water quality swale/berm. The rear half of other lots will drain to catch basins located in the rear
of the lots which are connected to the road drainage system. The lake will be controlled at
elevation 8.5.
Discharge offsite will be through wetlands on the western boundary, through adjacent
Whittenberg Subdivision's drainage system to the Davis Boulevard roadside ditch and eventually
to Halderman Creek.The project is located in the Lely Canal Basin.
The project has been designed with a discharge rate of 0.06 cfs/acre pursuant to Collier County
Ordinance 90-10.
This project will be reviewed and permitted by SFWMD.
Environmental:
The subject property is vegetated with hydric and non-hydric pine flatwoods and pine-cypress
/'"N habitats.Table 1 in the environmental impact statement(EIS)lists the habitat/FLUCFCS types for
the property with the acreage and percent for each type of habitat.
EAB Meeting January 6, 1998
Whittenberg Estates
page 3
Approximately 22.8 acres of South Florida Water Management District(SFWMD)/Collier County
jurisdictional wetlands have been identified on site.Wetland lines were reviewed and approved by
Dawn Underwood from the SFWMD on March 18, 1998. Table 2 in the EIS provides a
breakdown of the wetland acreage by FLUCFCS code. A total of 16.4 acres of impacts to
jurisdictional wetlands are proposed with this project. Mitigation for impacts to these wetlands
includes on-site enhancement and preservation of 6.4 acres of wetlands and 3.1 acres of uplands.
Approximately 9.48 acres of native vegetation(25 percent of the site) will be preserved with this
project.
Proposed preserve areas with greater than 75 percent cover of Melaleuca will be enhanced by
mechanical removal of exotic plant species, re-contouring to wetland grades, and planting with
wetland vegetation. After exotic removal,proposed freshwater marsh habitats will be graded to a
bottom elevation of 5.5 feet National Geodetic Vertical Datum (NGVD) and sloped up to
elevation 8.0 feet NGVD.Proposed cypress habitats will be graded to elevation 8.0 NGVD. Hand
removal of exotic vegetation will occur in preserve areas with less than 75 percent cover of
Melaleuca.
For graded cypress habitats, tree plantings will include a minimum of two of the four species
listed in table 5 of the EIS and ground covers will include a minimum of three of the ten species
listed in table 5. For graded freshwater marsh,plantings will include a minimum of six of the ten
ground cover species listed in table 5.Planted trees will be a minimum of three feet in height and
one gallon container or equivalent. Planted ground cover will be a minimum of 12 inches in
height and two inch container or equivalent. Trees will be planted on eight foot centers and
ground cover on two to three foot centers.
The average existing elevation on site is approximately 8.7' NGVD with specific spot elevations
ranging from 8.0' NGVD to 9.0' NGVD. On site water levels are provided in Table 3 of the EIS
and were estimated by surveying marked buttress/lichen lines on cypress and stain lines on
Melaleuca. Estimated water levels ranged from 9.01 to 9.38. The surface water management plan
for the site proposes to maintain existing water levels within wetland preserves at post
development while increasing the length of inundation to these areas.
According to the Collier County Soils Map, the following three soil types are found on the
property: (2) Holopaw Fine Sand, Limestone Substratum; (14) Pineda Fine Sand, Limestone
Substratum;and(21)Boca Fine Sand. Soil Map Units 2 and 14 are listed by the Natural Resource
Conservation Service as hydric soils.A copy of the soils map is shown on page 6 of the EIS.
A listed plant and animal species survey was conducted on March 27, 1998.The survey identified
one plant species butterfly orchid (Encyclia tampensis) listed as commercially exploited by the
Florida Department of Agriculture and Consumer Services. No permits are required for the
removal of this species if cleared from private land by the landowner or agent.
One abandoned red-cockaded woodpecker(RCW)cavity tree is located on the northern portion of
the property. The cavity tree is currently being utilized by European starlings (Sturnus vulgaris).
Seven consecutive days of morning and evening species surveys were conducted for RCWs.There
is no recent evidence of red-cockaded woodpeckers on or near the project site. The U.S. Fish and
Wildlife Service (USFWS) believes that the project site has potential to be RCW forage habitat
and has requested that the U.S. Army Corps of Engineers (ACOE)provide additional analysis to
support their no effect determination on any endangered or threatened species or their habitat or to
initiate consultation on the red-cockaded woodpecker with the USFWS.
A review of the official Historical/Archaeological Probability Maps for Collier County indicate no
archaeological or historical sites to be located on the subject property.Correspondence from the
EAB Meeting January 6, 1998
Whittenberg Estates
page 4
Florida Department of State, Division of Historical Resources, indicates no significant
archaeological or historical sites recorded for or likely to be present within the project area. The
letter further states that because of the project location and/or nature it is unlikely that any such
sites will be affected.
VI. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development No. PUD-98-17 with the following
stipulations:
Water Mana2ement:
1. A copy of the SFWMD Surface Water Permit shall be submitted prior to fmal construction
plan approval.
2. An Excavation Permit will be required for the proposed lake in accordance with Division
3.5 of the Collier County LDC and SFWMD rules.
3. Prior to issuance of a Certificate of Occupancy, an 80-foot wide Drainage Easement along
the entire Davis Boulevard frontage, including an unencumbered 25-foot-wide
maintenance access travelway along the north side of the Drainage Easement, shall be
recorded and dedicated to Collier County.
4. In coordination with plans for the Lely Branch Canal, the Developer shall excavate a 55-
foot top width canal within the 80-foot Drainage Easement with the bottom width,bottom
elevation, and side slopes as specified by the County Stormwater Management
Department.This shall be completed prior to the issuance of a Certificate of Occupancy.
5. At time of construction plan submittal the 24" RCP under the project entrance (as shown
on the water management plan)shall be revised to a 30"RCP.
6. A Collier County R/W Permit will be required for construction within the Davis Boulevard
Canal.
Environmental:
No additional stipulations.
Environmental Advisory Board Minutes .January 6 , 1999
Page 5
n
*******
COMMENTS: For a complete record of the proceedings reader is directed to the tape
recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor,Building
"F", Collier County, Government Complex.
There being no further business,the meeting was adjourned by order of the Chair.
Environmental Advisory Board
)t) [ ices
Blair oley, Ch.irman
Min/h:\EAB Staff Reports
Item V.A.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF JANUARY 6,1998
NAME OF PETITIONER/PROJECT:
Petition No.: Planned Unit Development No.PUD-98-17
Petition Name: Whittenberg Estates
Applicant/Developer: Whittenberg Development Corporation
Engineering Consultant: Coastal Engineering Consultants,Inc.
Environmental Consultant: Passarella and Associates,Inc.
II. LOCATION:
The subject property is an undeveloped 38 acre parcel located on the north side of Davis Blvd.
approximately one quarter mile west of County Barn Road in Section 6, Township 50 South,
Range 26 East,Collier County,Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties are partially developed with the following zoning classifications.
ZONING DESCRIPTION
N- PUD(Saxon Manor Isles) Partially Developed
Agricultural Undeveloped
S- R.O.W. Davis Blvd.
C-3 Undeveloped
E- PUD(Bretonne Park) Partially Developed
W- PUD(Whittenberg) Partially Developed
IV. PROJECT DESCRIPTION:
Whittenberg Estates is a proposed residential community with a maximum of 114 villa units,
recreational facilities, water management lake and preserve areas. The controlled water
management portion of the project will discharge to existing wetlands located on the western
boundary, through Whittenberg Subdivision's drainage system, to a roadside ditch along Davis
Blvd., through the Lely Canal Basin, to Haldeman Creek Basin, and Haldeman Creek itself. The
project is located in the Lely Canal Basin.
The project entrance is off Whittenberg Drive from the adjacent Whittenberg PUD, and the
internal road system is a two lane dead-end cul-de-sac. Development for this project is proposed
to be built within a single phase with all infrastructure and recreational facilities to serve the entire
PUD.
/'1
Environmental Advisory Board Minutes January 6 , 1999
Page 2
THIS ITEM WAS CONTINUED DUE TO A LACK OF A QUORUM.
ITEM: Regular Agenda-Item V.B.
PETITION NO: Commercial Excavation No. EX 59.672 (Companion to C.U. 98-26)
"Lilac Excavation"
REQUESTING: Excavation of a 2.4 acre lake on 5 acres of agriculturally zoned
property.
REPRESENTED BY: Beau Keene,Keene Engineering
MOTION: Made by Mr. Hill , seconded by Mr. Espinar and carried 4/0, to approve
Commercial Excavation No. 59.672 "Lilac Excavation" with Staffs
stipulations:
1. The excavation shall be limited to a lowest possible bottom elevation of 20 feet
below existing grade.
2. Offsite removal of material shall be subject to standard conditions imposed by the
Transportation Department(attached).
3. No blasting will be permitted.
4. Prior to completion of the excavation, all exotic vegetation as defined by Collier
County Land Development Code Section 3.9.6.4.1 shall be removed from the
entire site and the property owner shall be responsible for subsequent annual
exotic removal.
ITEM: Regular Agenda-Item V.C.
PETITION NO: Commercial Excavation No. EX 59.678
"Tim Maloney II Commercial Excavation"
REQUESTING: Excavation of a 1.9 acre lake on a 5 acre tract in Golden Gate Estates.
REPRESENTED BY:
Environmental Advisory Board Minutes January 6 , 1999
Page 3
MOTION: Made by Mr. Hill, seconded by Ms. Dejong and carried 4/0,to approve
Commercial Excavation No. EX 59.678 "Tim Maloney II Commercial
Excavation" with Staffs stipulations:
Water Management:
1. The excavation shall be limited to a bottom elevation of 12 feet below the wet
season water table.
2. Off-site removal of material shall be limited to 20,000 C.Y. and shall be subject to
"Standard Conditions" imposed by the Transportation Services Division in
document dated 5.24.88 (copy attached).
3. The lake littoral zone shall be created and planted as indicated on the Plan of
Record.
4. In order to ensure a minimum eighty percent (80%) coverage of littoral zone
planting areas, a performance guarantee, based on a cost estimate to replace the
original installed littoral zone plants, will be required upon completion and
acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates
of Occupancy will be issued until this performance guarantee is submitted.
5. All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be
adhered to.
6. Where groundwater is proposed to be pumped during the excavating operation, a
Dewatering Permit shall be obtained from the South Florida Water Management
District, and a copy provided to Engineering Review Services for approval prior
to the commencement of any dewatering activity on the site.
7. No blasting will be permitted unless issued a separate permit by Collier County
Engineering Review Services.
8. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff
shall perform a site visit to determine the need for a Vegetation Removal Permit
and to check for any listed species. No work shall be done prior to that site visit.
9. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed
around the entire perimeter of the stockpile area.
10. Any stockpile in place for a period exceeding 60 days shall be seeded and
mulched and erosion control devices installed.
•
Environmental Advisory Board Minutes January 6 , 1999
Page 4
11. Prior to completion of the excavation, all exotic vegetation as defined by Collier
County Land Development Code Section 3.9.6.4.1 shall be removed from the
entire site and the property owner shall be responsible for subsequent annual
exotic removal.
ITEM: Regular Agenda-Item V.D.
PETITION NO: Commercial Excavation No. EX 59.664
"Roberts Homesite&Commercial Excavation"
REQUESTING: Excavation of a 2.67 acre lake on 9.75 acres of"Estates" zones
property.
REPRESENTED BY: Beau Keene,Keene Engineering
MOTION: Made by Ms. Dejong , seconded by Mr. Espinar and carried 4/0,to approve
Commercial Excavation No. EX 59.664 "Roberts Homesite& Commercial
Excavation" with Staffs stipulations:
1. The excavation shall be limited to a bottom elevation of 12 ft. below existing grade,
which is approximately 11 ft below WSWT.
2. Off-site removal of material shall be subject to "Standard Conditions" imposed by
the Transportation Services Division in document dated 5/24/88 (copy attached).
3. No blasting will be permitted .
4. A lake littoral zone will be created.
5. All provisions of Collier County Ordinance No. 93-73,Division 3.5 shall be adhered
to.
6. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff
shall perform a site visit to determine the need for a Vegetation Removal Permit and
to check for any listed species.No work shall be done prior to that site visit.
ITEM: Regular Agenda-Item V.E.
PETITION NO: Commercial Excavation No. EX 59.642
"Angela Excavation"
THIS ITEM WAS CONTINUED DUE TO A LACK OF A QUORUM.
EAB Meeting January 6, 1998
Whittenberg Estates
page 5
PREPARED BY:
2.\.2A°V10
ST '''�N SE L 14'i45— DATE
SENIOR ENGINEER
1,4(11: /I/ 1" -- )2Z"/A)2
S' EPHEN LENBERGER DATE
ENVIRONMENTAL SPECIALIST II
REVIEWED BY:
OMAS E.KUCK,P.E. DATE /
GINEERING REVIEW MANAGER
'ONALD . ill,* CP DATE
CURRENT PLANNING MANAGER
SL/den/h:/EAB Staff Reports
y. r .
Item V .
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF 6 JAN 99
I. NAME OF PETITIONER/PROJECT:
Petition No.: Commercial Excavation No.EX 59.642
Petition Name: "Angela Excavation"
Applicant/Developer: Don Jolly, Jolly Trucking
Engineering Consultant: Beau Keene,Keene Engineering
Environmental Consultant: Marco Espinar
II. LOCATION:
The subject property is an undeveloped 9.85(±) acre agricultural parcel in Section 23, Township
47 South,Range 27 East, Collier County,Florida. The parcel sits approximately three-quarters of
a mile north of Immokalee Road about three-eighths of a mile east of Sanctuary Road,
approximately one and three-eighths of a mile east of the Corkscrew Swamp Visitor Center.
/-•\ III. DESCRIPTION OF SURROUNDING PROPERTIES:
ZONING DESCRIPTION
N- A/MHO Angela Road&Vacant Agricultural
S- A/MHO Residential&Vacant Agricultural
E- A/MHO Sanctuary Road&Vacant Agricultural
W- A/MHO Residential&Vacant Agricultural
IV. PROJECT DESCRIPTION:
The petitioner proposes to excavate a 6.8 acre lake on 9.8 acres of agriculturally zoned property.
An estimated 170,000 C.Y of material will be removed from the 20-foot deep excavation and
hauled off-site to be used as fill for house pads.
V. STAFF COMMENTS:
The site is a heavily wooded parcel surrounded by old farm fields visible on the aerial photograph.
There appears to be the edge of a cypress hammock in the northwest corner of the 9.8 acre parcel.
Predominant vegetation is large pine trees with a myrtle/palmetto understory,with willow along
the north property line.
EAB Meeting January 6, 1999
EX 59.642
Page 2
The subject property was granted an EIS waiver,due to the fact that a portion of the property had
previously been cleared for agricultural purposes. The wetland marsh system and cypress area
will be preserved in its entirety. The cypress area contains largely cypress,pond apples,swamp
fern and alligator weed.The hydrological indicators show the water elevations in this wetland to
be approximately four feet above ground. As required,a minimum of 15%of the existing native
vegetation shall be preserved on site.
Soil borings show a fine sand down to about 20 feet deep.The petitioner intends excavating to
about 20 feet deep.The petitioner has not submitted a clearing plan yet.The clearing plan usually
accompanies the excavation permit application.
VI. RECOMMENDATIONS:
Staff recommends approval of Commercial Excavation Permit No. 59.642 "Angela Excavation"
with the following stipulations:
1. The excavation shall be limited to a bottom elevation of 20 feet below existing grade and
shall be no shallower than 10 feet below existing grade.
2. Offsite removal of material shall be subject to standard conditions imposed by the
Transportation Department(attached).
3. No blasting will be permitted.
4. Petitioner must submit an application for a Vegetation Removal Permit. Upon receipt of
/'"N the application,environmental staff shall perform a site visit to check for listed species. No
work shall be done prior to issuance of that Permit.
5. Petitioner shall obtain a jurisdictional determination from ACOE and SFWMD and may
have to modify the excavation plan accordingly. Petitioner shall obtain necessary permits
from ACOE and SFWMD, prior to obtaining the vegetation removal permit from Collier
County.
6. If any portion of the excavation is closer than 50' to the property line,fencing or some type
of access control must be used.
7. Prior to completion of the excavation, all exotic vegetation as defined by Collier County
Land Development Code Section 3.9.6.4.1 shall be removed from the entire site and the
property owner shall be responsible for subsequent annual exotic removal.
/'••
EAB Meeting January 6, 1999
EX 59.642
Page 3
PREPARED BY:
14 _ 23 flEr-.38
STAN CHRZANOWSKI,P.E. DATE
SENIOR ENGINEER
/?GA- to . /2. -23-93
BARBARA S.BURGESON DATE
ENVIRONMENTAL SPECIALIST II
REVIEWED BY:
i 9
T • S E.KUC ,P.E. DATE
G EERING VIEW MANAGER
Re LD F. `ria,AIC'' DATE
CURRENT PLANNING MANAGER
S C/den/h:EAB S taffReport
I'••• Item V.C.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF FEBRUARY 3,1998
NAME OF PETITIONER/PROJECT:
Petition No.: Planned Unit Development No.PUD-98-21
Petition Name: The Club Estates PUD
Applicant/Developer: The Club Estates,L.C.
Engineering Consultant: Coastal Engineering Consultants,Inc.
Environmental Consultant: Passarella and Associates,Inc.
II. LOCATION:
The subject property is located on the west side of County Road 951 approximately one mile
north of Rattlesnake Hammock Road in Sections 10 & 15, Township 50 South, Range 26 East,
Collier County,Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties are partially developed with the following zoning classifications.
ZONING DESCRIPTION
N- PUD(Naples National Golf Club) Developed
S- PUD(Naples Forest Country Club) Under Construction
E- R.O.W. County Road 951
W- PUD(Naples Heritage Golf&Country Club) Partially Developed
PUD(Shadow Wood) Partially Developed
IV. PROJECT DESCRIPTION:
The proposed petition is for the expansion of an existing PUD. The addition includes the
construction of 21 single family lots on three dead end cul-de-sacs at the south end of the existing
PUD. The PUD as amended will contain 49 single family lots, a tennis recreation area, five water
management lakes and preserve areas. Each residential lot will have a permanent concrete block
or stone retaining wall surrounding the lot and driveway.
Plan of Record:
Water Management:
The Club Estates Master Drainage Plan Sheet 3 of 6 prepared by Coastal Engineering Consultants,
Inc.,date stamped"Received"January 15, 1999,no revisions
EAB Meeting February 3, 1999
The Club Estates
Page 2
Environmental:
The Club Estates PUD document prepared by Coastal Engineering Consultants, Inc., amended
June 18, 1998.
"The Club Estates II Collier County Environmental Impact Statement"prepared by Passarella and
Associates,Inc.,dated September, 1998,revised January, 1999.
V. STAFF COMMENTS:
Water Management:
Stormwater runoff for the site generally sheetflows to the south. A large slough covering the
western portion of the site conveys onsite as well as offsite flows southerly to the CR 864 roadside
swale.Offsite flows originate from the Naples Heritage Golf and Country Club to the west and the
Naples National Golf Course and undeveloped areas to the north. The site is located within the
Collier County C-4 Canal Basin and has an allowable discharge of 0.06 cfs per acre as defined by
Collier County Ordinance 90-10.
The project will consist of a 21-unit single-family residential subdivision. Each lot in the
subdivision will have a permanent concrete block retaining wall surrounding the lot and driveway.
The retaining wall will limit impacts to the wetlands in the center of development, prevent
untreated runoff from entering preserved wetlands,and provide flood protection for the residences
resulting from high water levels in the wetlands. Stormwater runoff from the lots will be conveyed
directly to the road right-of-way. Catch basins in the right-of-way will convey the runoff to the
Lakes for water quality treatment. Berms around each lake will hydraulically separate the lakes
from the wetlands.A control structure in Lake 3 will discharge to the onsite slough by a spreader
swale.
Environmental:
The subject property is an addition of 99.37 acres to an existing 155.8 PUD.The expansion area is
currently undeveloped and vegetated primarily with pine flatwoods. Melaleuca is also present on
site,and is heaviest in the wetland areas.
Approximately 76.04 acres of South Florida Water Management District (SFWMD)/Collier
County jurisdictional wetlands have been identified in the expansion area. Proposed impacts to
jurisdictional wetlands within the expansion area total approximately 20.9 acres and will be
mitigated for through the preservation and enhancement of 56.4 acres wetlands and 17.5 acres of
uplands on site. Enhancement will include the removal of exotic vegetation, such as Melaleuca,
through mechanical and hand-removal methods.
Historic high water levels within the expansion area were estimated by marking biological
indicators such as lichen lines and buttresses on cypress trees. Elevations were subsequently
surveyed and ranged from 9.65 to 9.97. In addition to on-site biological indicators, water level
information was researched during the summer and fall of 1996 for the SFWMD, on the original
PUD.The results of that research are provided in exhibit B of the environmental impact statement.
The hydroperiod of the preserved wetlands within the PUD, outside the water management
system, will be unchanged at post development. The design of the project allows the existing
drainage pattern to continue from north to south-southwest. The specifics of the design that
provide predevelopment runoff conveyance are frequent conduits under the loop road and large
contiguous conservation areas.
EAB Meeting February 3, 1999
The Club Estates
Page 3
As part of the SFWMD permit for the project, the following wetland mitigation monitoring is
proposed. Monitoring of the preserved wetlands will consist of baseline, time-zero, and annual
monitoring of vegetation, wildlife, rainfall, and wetland water levels. The baseline report will
document conditions on the project site as they currently exist. The time-zero report will
document the conditions immediately following exotic removal. Sampling stations and
methodology of data collection will remain the same for all monitoring events, including baseline,
time-zero,and annual.
According to the Collier County Soils Map, the following two soil types are found in the
expansion area: Pineda fme sand, limestone substratum (Soil Map Unit 14) and Boca fme sand
(Soil Map Unit 21). Soil Map Unit number 14 is listed as hydric by the Natural Resources
Conservation Service.
Surveys of the expansion area were conducted on April 30, 1998 to identify species listed by the
Florida Game and Fresh Water Fish Commission(FGFWFC), Florida Department of Agriculture
(FDA),and U.S.Fish and Wildlife Service(USFWS)as threatened,endangered, species of special
concern, or commercially exploited. No listed wildlife or plant species were observed during the
surveys.
Portions of the PUD expansion area lie within areas of Historical/Archaeological Probability as
shown on the official Historical/Archaeological Probability Maps for Collier County. The
petitioner will need to submit an historical/archaeological survey and assessment for the site or
request a waiver.
VI. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development Petition No. PUD-98-21 "The Club
Estates"with the following stipulations:
Water Management:
There are no additional water management comments.
Environmental:
1. Amend section 3.3B of the PUD document as follows by adding the underlined language.
B. Accessory Uses:
1. Customary accessory uses and structures,including private garages.
2. Common recreation amenities.
3. Detached Guest Houses
4. Commercial Excavations
5. Open Spaces/Nature Preserves(Conservation Area)
2. Amend section 5.1 of the PUD document as follows by adding the underlined language.
Conservation/Preserve Area-The purpose is to preserve and protect native vegetation and
naturally functioning habitat in their natural state.
EAB Meeting February 3, 1999
The Club Estates
Page 4
PREPARED BY:
vj'
k\/1(0\°1°`
• DATE
SENIOR ENGINEER
A,
S PHEN LE ERGER DATE
ENVIRONMENTAL SPECIALIST II
REVIEWED BY:
p
i //z2/77
THO S E.KUCK,P.E. DATE
E ERING REVIEW MANAGER
ALD F.NINO,AICP DATE
CURRENT PLANNING MANAGER
SL/den/h:EABStaffReports
n Item V.D.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF February 3, 1999
I. NAME OF PETITIONER/PROJECT:
Petition No.: PUD 98-18
Petition Name: Livingston Lakes
Applicant/Developer: Section Thirty Corporation, L.L.C.
Engineering Consultant: McAnly Engineering and Design
Environmental Consultant: Turrell&Associates
II. LOCATION:
The Subject Project is a 46.73 acre site located in Section 30, Township 48 South,
Range 26 East, Collier County , Florida; more specifically, on the east side of
Livingston Road, approximately 1/4 mile south of Immokalee Road.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
The surrounding properties are mostly undeveloped land, with the exception of
Pelican Marsh which is under development.
ZONING DESCRIPTION
N - A&PUD Vacant Agricultural,
& Stiles PUD
S - A Vacant Agricultural
E - PUD Donovan Center PUD
W - PUD Proposed Livingston
Road, and Pelican
Marsh PUD
IV. PROJECT DESCRIPTION:
The Stormwater System was designed for zero discharge. This is standard
practice for sites where no positive discharge existed historically. It means that all
n runoff will be directed to retention lakes and will percolate into the ground or
evaporate. Water quality and quantity are handled entirely on site in a system of
interconnected lakes.
Plan of Record:
Water Management:
"Conceptual Water Management Plan" Prepared by McAnly Engineering and
Design,Dtd 9/98
Environmental:
"Livingston Lakes Planned Unit Development", prepared by McAnly
Engineering and Design.
"Environmental Impact Statement for Livingston Lakes PUD"prepared by Turrell
& Associates, and McAnly Engineering and Design, dated October 1998.
Supplemental materials for EIS, dated January 15, 1999; submitted by Turrell &
Associates. Revised EIS expected to be submitted January 22, 1999.
V. STAFF COMMENTS:
Water Management:
The project will be permitted for surface water management by South Florida
Water Management District(SFWMD).
Sites that are designed for zero discharge generally utilize depression storage and
cannot accommodate any offsite flows. SFWMD reviews for that consideration,
and will be receiving a copy of this Staff Report.
Environmental:
The subject property is a 46+ acre site approximately one-quarter mile south of
Immokalee Road; on the east side of the future Livingston Road extension. The
site description in this staff report is what was provided in the EIS submitted by
Turrell and Associates. Staff will conduct a site visit prior to the EAB meeting to
verify the information submitted in the EIS. The petitioner submitted an EIS
which was initially found to be deficient and was put on hold pending the
submittal of additional information. That information was submitted for review,
and although it too has some deficiencies, Staff is proceeding to bring this to the
EAB with adequate stipulations to address them. The package submitted to the
EAB members includes a second EIS which had not been received at the time this
staff report was written, but which according to the environmental consultant has
addressed all the concerns. The stipulations in this report may need to be revised
at the meeting after the revised EIS has been reviewed by Staff.
Approximately 21 acres of pine flatwoods occur on site. This community consists
of slash pine, wax myrtle, saw palmetto, grapevine, bracken fern, and caesar
weed. This community seems less affected by exotics than the other areas.
Although the EIS master plan shows 14.7 acres of upland preserves, the most
recent response states that approximately 8 acres are proposed for preservation in
the northeast corner of the site. This mature slash pine habitat indicated higher
levels of plant diversity and wildlife habitat than most of the wetland areas.
Approximately 26 acres of wetlands were noted on site. These were described as
a hydric melaleuca area (4241) by the narrative and as cypress-pine-melaleuca
(624M) on the aerial. It was dominated by melaleuca with slash pine and cypress
in less than 40% abundance. It was not determined how much of the site would
be categorized as a monoculture, so Staff used the entire acreage to calculate the
native vegetation retention requirement. The wetland system appears to maintain
its hydrological function. Evidence included signs of standing water (i.e. water
marks), lichen lines, adventitious roots and high organic concentration in the top
layer of soil. However, wildlife and native vegetation coverage has suffered from
the influx of melaleuca. In some areas it was impenetrable on foot without the aid
of a machete. The remaining wetlands cover about 2.5 acres and are best
described as a wet prairie. It appears that this area had been impacted by
agricultural uses in the past, and was possibly used for grazing cattle. The ground
cover had a predominance of bahia grass and the canopy was scattered melaleuca.
This area was relatively open with adventitious roots on melaleuca up to 10"
above existing ground. The natural function of this area was impacted by clearing
or mowing and wildlife utilization and habitat value appeared low. Due to a large
area of this site (55%), falling under the anticipated jurisdiction of SFWMD/US
Army Corps of Engineers (USACOE), it was difficult to avoid any wetland
impacts,while achieving an economically feasible project. The EIS stated that the
proposed wetland impacts in relation to the proposed wetland mitigation does
result in a net loss of jurisdictional wetlands as represented in the Collier County
Growth Management Plan (CCGMP). The petitioner proposes to impact 93% of
the wetlands on site and has not had discussions with either the SFWMD or
USACOE regarding mitigation for these impacts.
The threatened and endangered species survey stated that a"limited red cockaded
woodpecker (RCW) survey was conducted at the northeast corner of the property
where the mature pine flatwoods habitat occurs. In the vicinity of the project site,
RCW activity (and cavity trees) have been previously observed on lands adjacent
to the east (i.e. Donovan PUD). Specific RCW surveys were conducted on the
adjacent parcels within the past year and no observations of RCW were recorded."
The response to Staff's request for specific information regarding these surveys
was incomplete. The times and dates were given for the wildlife surveys but no
information was given regarding the conditions of the site or the field information
gathered. Copies of the surveys in the vicinity of the project site,referred to in the
EIS, was not submitted. The information regarding the author of them was
requested and maps showing the locations of the cavity trees, but they were not
provided.
A complete and accurate EIS for this PUD should be on file with Collier County
Community Development & Environmental Services. Therefor Staff is requesting
that the EIS be rewritten and submitted, for review and approval, prior to the
BCC meeting or at the time of the next development order submittal.
VI. RECOMMENDATIONS:
Staff recommends approval of PUD 98-2, Livingston Lakes, with the following
stipulations:
Water Management:
1. A SFWMD Surface Water management Permit must be obtained prior to
any construction approvals.
Environmental:
1. Under Section 2.3, Table I, of the PUD document,the acreage for tract P
shall be revised to reflect the minimum required native vegetation of
11.7 acres. That acreage figure shall be revised wherever necessary
throughout the PUD document and shall be changed on the Master Plan.
2. Under Section 2.13, of the PUD document, the following language
changes shall be made. "Pursuant to ... a minimum of 11.7 acres ( 25% of
the viable naturally functioning native vegetation on site) is required to be
retained. This requirement is fully shall be satisfied within the Preserve
Area and other areas to be identified at the time of the first development
order submittal. ".
3. Under Section 4.2 A, add the following stipulation, " 5) The above uses
shall not be permitted if they bring the existing native vegetation below
11.7 acres, unless first providing for that area elsewhere on site.."
4. Add the following language to the end of Section 5.8E, of the PUD
document, "A commitment to scheduling of initial exotic vegetation
removal within all the preservation areas shall be a part of the plan."
5. Add the following stipulation to Section 5.8 of the PUD document, " The
PUD shall be consistent with the Environmental sections of the Collier
County Growth Management Plan Conservation and Coastal Management
Element and the Collier County Land Development Code at the time of
final development order approval".
6. Add the following stipulation to Section 5.8 of the PUD document, " At the
time of the next development order submittal, the petitioner shall provide
copies of their SFWMD, ERP applications and proposed mitigation for loss
of wetlands on site."
7. Prior to the Board of County Commissioners (BCC) meeting, the petitioner
shall resolve the inconsistencies between the Master Plan as shown in the
PUD document and the Master Plan as shown in the EIS document. The
PUD document shows 10.3 acres of preserve and the EIS Master Plan
depicts 12.8 acres of upland preserve and 1.88 acres of wetland preserves (
total of 14.7 acres). The PUD document shows a lake on the west end of
the property, in an area where the EIS shows as an upland preserve. If this
cannot be resolved prior to the BCC meeting then it shall be stipulated
in Section 5.8 of the PUD document, to be resolved at the time of the
first development order submittal.
8. The EIS shall be rewritten and submitted, for review and approval, prior to
the BCC meeting, so that a complete and accurate EIS is on file with
Collier County Community Development and Environmental Services. If
this cannot be resolved prior to the BCC meeting then it shall be
stipulated in Section 5.8 of the PUD document, to be resolved at the
time of the first development order submittal.
PREPARED BY:
•. , /
STAN CHRZANO ' SKI, P.E. DATE
SENIOR ENGINEER
r a / `icei /-22 -9q
BARBARA BURGESON' DATE
SENIOR ENVIRONMENTAL SPECIALIST
REVIEWED BY:
`
99
faz THOMAS E. K K,P.E. DATE
EN ERING REVIEW MANAGER
A
RONALD F. N NcY AI ' DATE
CURRENT PLANNING MANAGER
SL/gdh/c:PUD-98-18 Staff Report
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME—FIRST NAME— IDDLE NAME
THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
i�.4 R A�C� WHICH I SERVE ISA UNIT OF:
MAYLING ADDRESS
,ZS1(v 45 // - 0 CITY 'la"COUNTY 0 OTHER LOCAL AGENCY 0 STATE
CITCOU TY
�p� G� NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WHICH •TE• URRED
3 /iFf
NAME OF-B•ARD. OUNCIL,COMMISSI ,A THORITY.OR COMMITTEE
WHO MUST FILE FORM 4
This form is for use by any person serving ori either an appointed or elected board, council, commission, authority, or committee,
whether state or local,and it applies equally to members of advisory and non-advisory bodies who arc faced with a voting conflict of
interest.
•
As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided
into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes (Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict:
(a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
. abstaining from voting; and
(b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis arc not prohibited from
voting. In such cases, however, the oral and written disclosure of this part must be made.
I, the undersigned local public officer, hereby disclose that on ��`^ , 19 •
(a) I abstained from voting on a matter which (check one):
inured to my special private gain; or
`1 i° /-57
k dh/ J✓L
inured to the special gain ofby whom I am retained.J
C X • •-5— —
PAGE
CE FORM 4-REV. I0-84
(b) The measure on which I abstained and the nature of my interest in the measure is as follows: `
•
Dat• Fil-. Ign:tur-
Please see PART C for instructions on when and where to file this form.
PART S
VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS
[Required by Section 112.3143(2), Florida Statutes (Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. Howevcr,any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on , 19 •
(a) I voted on a matter which (check one):
inured to my special private gain; or
•
inured to the special gain of , by whom 1 am retained.
(b) The measure on which I voted and the nature of my interest in the measure is as follows:
Date Filed Signature
Please see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not
be filed merely to indicate the absence of a voting conflict.
NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES§I I2.311(19133),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA
HE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,
DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED 55.000.
E FORM 4-REV. 10-84 PAGE:
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
Planning Services Department
2800 North Horseshoe Drive
Naples,Florida 34104
January 25, 1999
Dwight Nadeau
McAnly Engineering& Design
5101 Tamiami Trail East, Suite 202
Naples, Florida 34113
RE: PUD 98-18 "Livingston Lakes PUD"
Dear Mr.Nadeau:
The referenced matter will be reviewed by the Environmental Advisory Board during its forthcoming
meeting scheduled for February 3, 1999. The Public Hearing to consider this item and other matters
will begin at 9:00 a.m. at the Collier County Government Complex, Administration Building, Third
Floor, Commissioners' Board Room.
It is recommended that you or your appointed representative be present at this meeting to answer any
questions the Environmental Advisory Board may have regarding your request.
Attached for your information is a copy of the Environmental Advisory Board's Agenda and Staff Report
for this meeting.
If you have any questions regarding this matter, please do not hesitate to contact this office at
(941)403-2400.
Very truly yours,
SCt,4 aAc 0 Goefeco----
Barbara Burgeson
Environmental Specialist II
SC/den/h:\EAB letters
Attachments
cc: PUD 98-18 File
EAB File
Section Thirty Corporation, LLC
Phone(941)463-2400 Fax(941)643-6968 www.co.collier.fl.us
111A
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
Planning Services Department
2800 North Horseshoe Drive
Naples,Florida 34104
January 22, 1999
David Farmer
Coastal Engineering Consultants, Inc.
3106 S. Horeshoe Drive
Naples, Florida 34104
RE: PUD 98-21 "The Club Estates PUD"
Dear Mr. Farmer:
The referenced matter will be reviewed by the Environmental Advisory Board during its forthcoming
meeting scheduled for February 3, 1999. The Public Hearing to consider this item and other matters
will begin at 9:00 a.m. at the Collier County Government Complex, Administration Building, Third
Floor, Commissioners' Board Room.
It is recommended that you or your appointed representative be present at this meeting to answer any
questions the Environmental Advisory Board may have regarding your request.
Attached for your information is a copy of the Environmental Advisory Board's Agenda and Staff Report
for this meeting. •
If you have any questions regarding this matter, please do not hesitate to contact this office at
(941)403-2400.
Very truly yours,
jJ/
Steve Lenberger
Environmental Specialist II
SC/den/h:\EAB letters
Attachments
cc: PUD 98-18 File
EAB File
Charles Benton
Phone(941)463-2400 Fax(941)643-6968 www.co.collier.fl.us