EAC Minutes 11/04/1998 MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: November 4, 1998
TIME: 9:00 a.m.
PLACE: 3"Floor Boardroom, Administration Building, Collier County Government
Center,Naples,Florida
EAB STAFF PRESENT
DejongX Ashton
Espinar X Burgeson X
Foley X Chrzanowski X
Hill X Kuck
Hinchcliff X Lenberger X
Mulhere
Seal X
MINUTES BY: Stephen Lenberger,Environmental Specialist II
CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:38 a.m.
PRESIDING: Blair Foley, Chairman
APPROVAL OF MINUTES:
Motion made by Mr. Hill seconded by Ms. Dejong and carried 5/0,to approve minutes of
October 7, 1998.
ITEM: Regular Agenda- Item V.A.
PETITION NO: Planned Unit Development No. PUD 98-9
"Glen Eden on the Bay PUD"
REQUESTING: A multi-family subdivision.
MOTION: Made by Mr. Hill , seconded by Ms. Dejong and failed 3/1, to approve
Planned Unit Development No. PUD-98-9 "Glen Eden on the Bay PUD"with
staff's stipulations. Mr. Foley abstained from the vote.
Environmental Advisory Board Minutes .November 4, 1998
Page 2
ITEM: Regular Agenda-Item V.B
PETITION NO: Planned Unit Development Amendment No. PUD-98-13
"Collier Tract 21 PUD"
REQUESTING: A golf course, club house, commercial buildings and reserve.
REPRESENTED BY: George Varnadoe,Young,van Assenderp &Varnadoe, P.A.
MOTION: Made by Mr. Espinar , seconded by Ms. Dejong and carried 5/0
for approval of Planned Unit Development No. PUD-98-13
"Collier Tract 21 PUD" with revised environmental stipulations.
Water Management:
1. Prior to beginning final construction design, the developer's engineer should submit
conceptual drainage plans to the County Water Management Department for its
review and comment.
2. A SFWMD surface water management permit will be required.
Environmental:
Revise the following stipulations to section 6.6 of the PUD document to read as follows:
6.6 ENVIRONMENTAL
A. Petitioner shall be subject to Division 3.9, Vegetation Removal, Protection and
Preservation of the Land Development Code. A site clearing plan shall be
submitted to Current Planning Environmental staff for their review and
approval prior to any substantial work on the site. This plan may be submitted
in phases to coincide with the development schedule. The site clearing plan
shall clearly depict how the final site layout incorporates retained native
vegetation to the maximum extent practical and how roads,buildings, lakes,
parking lots, and other facilities have been oriented to accommodate this goal.
B. Native species shall be utilized,where available, to the maximum extent
possible in the site landscaping design. A landscaping plan for the commercial
tract will be submitted to Current Planning Environmental staff for their
review and approval. This plan will depict the incorporation of native species
and their mix with other species, if any. The goal of site landscaping shall be
the re-creation of native vegetation and habitat characteristics lost on the site
during construction or due to past activities.
Environmental Advisory Board Minutes .November 4, 1998
Page 3
C. All exotic plants, as defined in the County Code, shall be removed during each
phase of construction from development areas, open space areas, and preserve
areas. Following site development, a maintenance program shall be
implemented to prevent re-invasion of the site by such exotic species. This
plan,which will describe control techniques and inspection intervals, shall be
filed with and approved by the Current Planning Environmental staff.
D. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the
course of site clearing, excavation or other construction activity an historic or
archaeological artifact is found, all development within the minimum area
necessary to protect the discovery shall be immediately stopped and the Collier
County Code Enforcement Department contacted.
E. Any future proposed dock construction shall comply with the Florida
Department of Environmental Protection(DEP)/Collier County Manatee
Protection Plan.
F. If turkey oaks are discovered during tree removal permitting,they shall be
transplanted to the upland preserve areas or utilized in project landscaping.
G. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit(ERP)rules and regulations, as well as the
U.S. Army Corps of Engineers §404 Permitting Program. Removal of exotic
vegetation shall not be the sole means of mitigation for impacts to Collier
County jurisdictional wetlands.
H. All conservation shall be recorded on any required plats with protective
covenants per or similar to § 704.06, Florida Statutes. In the event platting is
not required, conservation easements shall be recorded for such areas, subject
to uses and limitations similar to or per Florida Statute Section 704.06.
Conservation areas shall be maintained by the golf club, and these areas shall
be dedicated to Collier County on plats or easements, as applicable,with no
responsibility for maintenance.
I. Buffers around wetlands shall being accordance with the ERP issued for this
project. Current Planning Environmental Staff shall be provided with copies of
U.S. Army Corps of Engineers permits prior to any construction occurring in
jurisdictional areas addressed by such permits. Construction or early work
permits from the South Florida Water Management District shall be presented
prior to Final Site Plan/Construction Plan approval.
J. Petitioner shall coordinate protected wildlife species issues through the ERP
and CORPS §404 permit review process and comply with the guidelines and
recommendations of the U.S. Fish and Wildlife Service and Florida Game and
Environmental Advisory Board Minutes .November 4, 1998
Page 4
Freshwater Fish Commission. Where a protected species occur on site, a
Habitat Management Plan for those protected species shall be submitted to
Current Planning and Environmental Staff for review and approval prior to
Final Site Plan/Construction Plan approval.
ITEM: Regular Agenda- Item V.C.
PETITION NO: Planned Unit Development No. PUD-98-15
"Muriel PUD"
REQUESTING: Condominium development with water management lakes and
preserves.
REPRESENTED BY: Marco Espinar, Collier Environmental Consultants
MOTION: Made by Mr. Hill , seconded by Mr. Hinchcliff and carried 4/0, for approval
of Planned Unit Development No. PUD-98-15 "Muriel PUD" with staff's
recommendation and to express a concern regarding the net loss of wetlands for
this project. Mr. Espinar abstained from the vote.
Water Management:
No additional stipulations.
Environmental:
No additional stipulations.
ITEM: Regular Agenda-Item V.D.
PETITION NO Planned Unit Development No. PUD-98-16
"Cedar Hammock Golf& Country Club PUD"
REQUESTING: A residential subdivision with golf course,water management
lakes and preserve areas.
REPRESENTED BY: Bruce Anderson,Young, van Assenderp &Varnadoe,P.A.
Tyler King, W. Dexter Bender&Associates, Inc.
Dave Underhill,Banks Engineering, Inc.
Environmental Advisory Board Minutes .November 4, 1998
Page 5
MOTION: Made by Ms. Dejong , seconded by Mr. Espinar and carried 4/1, for
approval of Planned Unit Development No. PUD 98-16 "Cedar Hammock Golf
&Country Club PUD" with amended stipulations.
Water Management:
1. A copy of the SFWMD Surface Water Permit shall be submitted prior to final
construction plan approval
2. An Excavation Permit will be required for the proposed lakes in accordance with
Division 3.5 of the Collier County LDC and SFWMD rules.
3. Section 2.11 of the PUD document shall be revised as follows:
2.10 LAKES
A. Lake Setbacks
1. All lake setbacks shall be measured from the lake top of bank.
2. The required setback to any internal property line or tract line internal to the
Cedar Hammock Development shall be zero (0) feet.
3. The minimum setback to any internal right-of-way, or roadway access
easement shall be twenty(20) feet.
4. The minimum setback to any external right-of-way, roadway access easement
or property line may be twenty(20) feet if the right-of-way,roadway access
easement or property line is fenced.
4. Section 6.5 subsection "J" of the PUD document shall be revised as follows:
a. In the second sentence "location of the contour of the control elevation of the Lake"
shall be struck through and replaced with"lake top of bank."
b. The third sentence shall be revised to read "The minimum setback to any right-of-
way, roadway access easement or external property line shall be twenty(20) feet if
the right-of-way,roadway access easement, or external property line is fenced.
5. Section 6.5 subsection"L" of the PUD document shall be deleted. See revisions in
Section 2.11 above.
6. Section 6.5 subsection"N" of the PUD document shall be deleted. The 20' lake
maintenance easement is required by SFWMD around the entire lake.
• Environmental Advisory Board Minutes .November 4, 1998
Page 6
7. Section 6.5 subsection "T" of the PUD document shall be revised to state that 3:1 slopes
for berms will be permitted if height of slope is 2' or less or slope is landscaped or if
open channel is 2' or less in depth.
8. Section 6.8B of the PUD document shall be revised by striking through "pre-
development quantities by proposed weir structures" and replacing "the requirements of
Collier County Ordinance#90-10."
9. "Typical Water Management Berm at Property Line,Buffer and Lake Interfaces" and
"Typical Lake Bank Section" shall be revised to show 2:1 break point a minimum of 3
feet below low water level.
Environmental:
1. Amend section 6.11(B)(3) of the PUD document as follows by adding the underlined
language and deleting the str ck throug language
All exotic plants, as defined in the Collier County Land Development Code, shall be
removed from development areas and open space areas during each phase of
construction. Following site development, a continuing maintenance program shall be
implemented to prevent reinvasion of the site by such exotic species. The maintenance
plan, which describes control techniques shall be submitted to
Current Planning Environmental Staff for review and
approval prior to final site plan/construction plan approval.
2. Amend section 6.11(B)(8) of the PUD document as follows by deleting the staislk
If, during the course of clearing or course activities, plant or animal species identified in
the Florida Game and Fresh Water Fish Commission, July 1987 edition of "Official
Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" are
identified, a survey for the presence and distribution of such protected species shall be
conducted by qualified personnel subject to and approved by the Development Services
Director. If warranted, project designs shall be adjusted and/or individuals and/or
populations of protected plants and/or animal relocated to preserve areas (ems-ether
. . - • . . = =- . to insure the survival of the species.
Retention/relocation efforts will include all species identified in the survey.
3. Delete sections 6.11(B)(2) and 6.11(B)(11) from the PUD document.
4. Add the following stipulations to the PUD document.
Environmental permitting shall be in accordance with the state of Florida Environmental
Resource Permit rules and be subject to review and approval by Current Planning
• Environmental Advisory Board Minutes .November 4, 1998
Page 7
Environmental Staff. Removal of exotic vegetation shall not be counted towards
mitigation for impacts to Collier County jurisdictional wetlands.
Buffers shall be provided around wetlands, extending at least fifteen(15) feet landward
from the edge of wetland preserves in all places and averaging twenty-five(25) feet from
the landward edge of wetlands. Where natural buffers are not possible, structural buffers
shall be provided in accordance with the state of Florida Environmental Resource Permit
rules and be subject to review and approval by Current Planning Environmental Staff.
All conservation areas shall be recorded on the plat with protective covenants per or
similar to section 704.06 of the Florida statues. Conservation areas shall be dedicated on
the plat to the project's homeowners' association or like entity for ownership and
maintenance responsibilities and to Collier County with no responsibility for
maintenance.
Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and
Wildlife Service(USFWS) and Florida Game and Fresh Water Fish Commission
(FGFWFC)regarding potential impacts to protected wildlife species. Where protected
species are observed on site, a Habitat Management Plan for those protected species shall
be submitted to Current Planning Environmental Staff for review and approval prior to
final site plan/construction plan approval.
In the event of a dispute concerning the application of the stipulations above, mutual
agreements must be reached between the Director and personnel of the Cedar Hammock
Golf and Country Club. If mutual agreements cannot be reached, the matter will be
brought before the EAB or whatever County environmental review board is in existence
at the time of any dispute. This governing entity will act as an arbitrator for any
disputes. If arbitration is futile, the matters will be brought before the Board of County
Commissioners (BCC)with the BCC to act as the final arbitrator.
ITEM: Regular Agenda-Item V.E.
PETITION NO: Excavation Permit Petition No. Ex 59.644
"Jackie Weeks Homesite & Commercial Excavation"
REQUESTING: Excavation of a 1.9 acre lake in the Golden Gate Estates.
REPRESENTED BY: Jim Weeks
MOTION: Made by Mr. Hinchcliff , seconded by Mr. Hill and carried 5/0, for
approval of Excavation Permit Petition No. Ex 59.644 "Jackie Weeks Homesite
i-. and Commercial Excavation" with amended stipulations.
Environmental Advisory Board Minutes .November 4, 1998
Page 8
Water Management&Environmental:
That the E.A.B. approve EX 59.664 with the following stipulations:
1. The excavation shall be limited to a bottom elevation of 16 ft. below existing grade,
which is approximately 14 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 unless issued a separate permit by Collier County
Project Plan Review, however,blasting appears to be unnecessary.
4. The petitioner must apply for a Vegetation Removal Permit. Environmental Stall
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.
5. A lake littoral zone may be created and planted if desired by the SFWMD.
6. All provisions of Collier County Ordinance No. 93-73,Division 3.5 shall be adhered
to.
7. A 20 ft.maintenance easement dedicated to the SFWMD shall be provided around
the perimeter of the lake.
OLD BUSINESS
Discussion on EAB/EPTAB Consolidation-Proposed EAC Amendment to the current EAB
Code. September 16, 1998 preliminary draft for review and comment.
MOTION: Made by Ms. Dejong t seconded by Mr. Espinar z and carried 5/0 to amend
Section 5.13.2.3 (10)to include excavations over 35,000 C.Y., instead of
1,000,000 C.Y. as proposed by staff.
***************
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
Blair Foley, Chairman
n Min/den/h:\EAB Forms