Loading...
EAC Agenda 12/03/1997 w ' ,.� COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA DECEMBER 3, 1997; 9:00 a.m. COMMISSION BOARDROOM, THIRD FLOOR—ADMINISTRATION BUILDING I. ROLL CALL II. APPROVAL OF MINUTES - October 1, 1997 and November 5, 1997 III. ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA V. REGULAR AGENDA A. Final Site Development Plan No. SDP-97-123 Naples Memorial Gardens Section 21, Township 48 South, Range 25 East Collier County, Florida B. Planned Unit Development Petition No. PUD-97-16 Naples Forest Country Club Section 15, Township 50 South, Range 26 East Collier County, Florida C. Planned Unit Development Petition No. PUD-97-18 Wiggins Pass Landings PUD Section 20, Township 48 South, Range 25 East Collier County, Florida VI. OLD BUSINESS VII. NEW BUSINESS VIII. ADJOURNMENT IX. WORKSHOP *************************************************************************** s-•\ n Environmental Advisory Board Agenda December 3, 1997 Page 2 NOTES: A. [Board Members]: Notify the PLANNING SERVICES DEPARTMENT (403- 2400) no later than 5 P.M. on December 1, 1997, 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. *************************************************************************** Dit/JY "(Jo- cfrovoq, ( 1,1511-0 , Lc) 5,7„ 0,..2) UTES OF THE NVIRONMENTAL ADVISORY BOARD DATE: October 1, 1997 TIME: 9:00 a.m. PLACE: 3RD Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida EAB STAFF PRESENT Espinar X Ashton Foley X Burgeson X Hermanson X Chrzanowski X Hinchcliff X Lenberger Saadeh X Straton X Wilkison 9:06 MINUTES BY: Barbara S. Burgeson, Environmental Specialist II CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:00 a.m. PRESIDING: Paul Hinchcliff Mr. Hinchcliff was elected•Prcaidcnt and Blair Foley was elected Vice P-resident by unanimous vote. Chair ny.cu. ADDENDA TO THE AGENDA: Added a discussion about the airboat item going in front of the Board of County Commissioners on October 7, 1997. APPROVAL OF MINUTES: Motion made by M. Saadeh, seconded by B. Foley and carried 7-0, to approve minutes of September 3 , 1997. Environmental Advisory Board Minutes October 1, 1997 Page 2 ITEM: Regular Agenda-Item V.A PETITION NO: Planned Unit Development No. PUD-82-29 (3), The Retreat at Naples REQUESTING: Proposing to develop a nine(9)hole golf course, one hundred-eighty (180) independent living units and an eighty-four(84)unit assisted living facility with non-profit medical support on Tract B, the last remaining tract in The Retreat PUD. REPRESENTED BY: Robert Duane of Hole, Montes& Associates, Inc. Rae Ann Boylan, Boylan Environmental Consultants MOTION: Made by Blair Foley, seconded by Michael Saadeh and carried 6-0 (Mr. Hermanson abstained), to approve PUD-82-29(3) with the following stipulations (changes are shown in bold print): WATER MANAGEMENT: Prior to final SDP approval, the petitioner shall obtain the required SFWMD permit modification. ENVIRONMENTAL: 1. The following language shall be added to the environmental section of the PUD document, "This PUD shall comply with the environmental sections of the Collier County Land Development Code and Growth Management Plan conservation and Coastal Management Element at the time of final development order approval." 2. Add the following language to the end of Section 4.7 C of the PUD document. "An exotic vegetation removal and maintenance plan (CCLDC 3.9.6.6.5) shall be submitted, for preserves within The Retreat PUD Tracts A, C and D, for review and approval prior to issuance of C.O. for Tract B. Exotic vegetation within tract B, including within all preserve areas, shall be removed prior to issuance of C.O. of Tract B." 3. Petitioner shall amend the PUD Master Plan to show the minimum 17.2 acres of native vegetation as required by the CCLDC Section 3.9.5.5.3.. Show all wetland preserves on the PUD Master Plan as shown on the Conceptual Master Plan. Amend the Legend to show acreages of these preserves. Environmental Advisory Board Minutes .October 1, 1997 Page 3 4. Make the following changes to the PUD document section 4.7: a. Under letter G there are three separate paragraphs. The second one shall be labeled H and the third shall be labeled I. b. Add "J. Buffers shall be provided in accordance with CCLDC Section 3.2.8.4.6.3. All preserve areas shall be recorded, by separate instrument, as conservation/ preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. Contact Collier County Real Property Division if the conservation areas are to be dedicated to Collier County." c. Add "K. A Gopher tortoise relocation/management plan shall be submitted to Current Planning Environmental Staff for review and approval. A copy of the approved plan language shall be included on the final Site Development Plan." r-� d. Add "L. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Collier County Current Planning Environmental Staff Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County wetlands." e. Add "M. 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 Resources Permit Rules and be subject to review and approval by Collier County Current Planning Environmental Staff." f. Amend F to read "..approved by - - - • • ` - - • - - Collier County Current Planning Environmental Staff" 4Y Environmental Advisory Board Minutes October 1, 1997 Page 4 OLD BUSINESS: The EAB members discussed the airboat item which was scheduled for October 7, 1997 at the BCC. The EAB agreed that they would like Mr. Hinchcliff to represent them with the following proposal. Paul was asked to ask the BCC to require that if Staff is directed to design criteria, the EAB should be allowed to review and comment to Staff prior to bringing it back to the BCC. They also asked that Staff work with representatives of the Airboat industry in designing the criteria. This motion was passed 7-0. ******* NEW BUSINESS: The EAB discussed the applicant that were submitted to them for review for the two vacancies to the EAB. A motion was made and carried 5-2 (Hermanson and Saadeh voted against) as follows. ,•-., The EAB recommends to the Board of County Commissioners that no applicants from this pool be appointed to the EAB. The motion included a request that the County re-advertise for the positions and asked that Staff contact the applicants that had submitted resumes for the last vacancy. The Board felt that there were better qualified applicants to chose from in that pool. (The EAB would like to be able to recommend two applicants that are more qualified than these applicants and who can demonstrate the necessary expertise) ******* 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 Paul Hinchcliff, Chairman , MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: October 1, 1997 TIME: 9:00 a.m. PLACE: 3'Floor Boardroom,Administration Building, Collier County Government Center,Naples, Florida EAB STAFF PRESENT Espinar X Ashton Foley X Burgeson X Hermanson X Chrzanowski X Hinchcliff X Lenberger Saadeh X Straton X Wilkison 9:06 MINUTES BY: Barbara S. Burgeson, Environmental Specialist II CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:00 a.m. PRESIDING: Paul Hinchcliff Mr. Hinchcliff was elected President and Blair Foley was elected Vice President by unanimous vote. ADDENDA TO THE AGENDA: Added a discussion about the airboat item going in front of the Board of County Commissioners on October 7, 1997. APPROVAL OF MINUTES: Motion made by M. Saadeh, seconded by B. Foley and carried 7-0,to approve minutes of September 3 , 1997. ITEM: Regular Agenda- Item V.A PETITION NO: Planned Unit Development No. PUD-82-29 (3), The Retreat at Naples Environmental Advisory Board Minutes October 1, 1997 Page 2 REQUESTING: Proposing to develop a nine(9)hole golf course, one hundred-eighty (180) independent living units and an eighty-four(84)unit assisted living facility with non-profit medical support on Tract B, the last remaining tract in the Retreat PUD. REPRESENTED BY: Robert Duane of Hole, Montes &Associates, Inc. Rae Ann Boylan, Boylan Environmental Consultants MOTION: Made by Blair Foley, seconded by Michael Saadeh and carried 6-0(Mr. Hermanson abstained), to approve PUD-82-29(3)with the following stipulations (changes are shown in bold print): WATER MANAGEMENT: Prior to final SDP approval, the petitioner shall obtain the required SFWMD permit modification. ENVIRONMENTAL: 1 . The following language shall be added the environmental section of the PUD document, "This PUD shall comply with the environmental sections of the Collier County Land Development Code and Growth Management Plan conservation and Coastal Management Element at the time of final development order approval. " 2 . Add the following language to the end of Section 4 . 7 C of the PUD document. "An exotic vegetation removal and maintenance plan (CCLDC 3. 9. 6. 6. 5) shall be submitted, for preserves within The Retreat PUD Tracts A, C and D, for review and approval prior to issuance of C.O. for Tract B. Exotic vegetation within tract B, including within all preserve areas, shall be removed prior to issuance of C.O. of Tract B. " Environmental Advisory Board Minutes October 1, 1997 Page 3 3. Petitioner shall amend the PUD Master Plan to show the minimum 17 . 2 acres of native vegetation as required by the CCLDC Section 3. 9. 5. 5. 3. . Show all wetland preserves on the PUD Master Plan as shown on the Conceptual Master Plan. Amend the Legend to show acreages of these preserves. 4 . Make the following changes to the PUD document section 4 . 7 : a. Under letter G there are three separate paragraphs. The second one shall be labeled H and the third shall be labeled I . b. Add "J. Buffers shall be provided in accordance with CCLDC Section 3 . 2 . 8 . 4 . 6. 3. . All Preserve areas shall be recorded, by separate instrument, as conservation/ preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704 . 06. Contact Collier County Real Property Division if the conservation areas are to be dedicated to Collier County. " c. Add "K. A Gopher tortoise relocation/management plan shall be submitted to Current Planning Environmental Staff for review and approval. A copy of the approved plan language shall be included on the final Site Development Plan. " d. Add "L. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Collier County Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County wetlands . " e. Add "M. 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 Environmental Advisory Board Minutes October 1, 1997 Page 4 landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit rules and be subject to review and approval by Collier County Current Planning Environmental Staff. " f. Amend F to read ". .approved by the NMRD Community Development Division Collier County Current Planning Environmental Staff. " ******* OLD BUSINESS: The EAB members discussed the airboat item which was scheduled for October 7, 1997 at the BCC. The EAB agreed that they would like Mr. Hinchcliff to represent them with the following proposal. Paul was asked to ask the BCC to require that if Staff is directed to design criteria,the EAB should be allowed to review and comment to Staff prior to bringing it back to the BCC. They also asked that Staff work with representatives of the Airboat industry in designing the criteria. This motion was passed 7-0. ******* NEW BUSINESS: The EAB discussed the applicant that were submitted to them for review for the two vacancies to the EAB. A motion was made and carried 5-2 (Hermanson and Saadeh voted against) as follows. The EAB recommends to the Board of County Commissioners that no applicants from this pool be appointed to the EAB. The motion included a request that the County re-advertise for the positions and asked that Staff contact the applicants that had submitted resumes for the last vacancy. The Board felt that there were better qualified applicants to chose from in that pool . (The EAB would like to be able to recommend two applicants that are more qualified than these applicants and who can demonstrate the necessary expertise) ******* 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 Paul Hinchcliff, Chairman Min/h:\EAB Staff Reports /'• MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: October 1, 1997 TIME: 9:00 a.m. PLACE: 3RD Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida EAB STAFF PRESENT Espinar X Ashton Foley X Burgeson X Hermanson X Chrzanowski X Hinchcliff X Lenberger Saadeh X Straton X Wilkison 9:06 MINUTES BY: Barbara S. Burgeson, Environmental Specialist II CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:00 a.m. PRESIDING: Paul Hinchcliff Mr. Hinchcliff was elected Chairman and Blair Foley was elected Vice Chairman by unanimous vote. ADDENDA TO THE AGENDA: Added a discussion about the airboat item going in front of the Board of County Commissioners on October 7, 1997. APPROVAL OF MINUTES: Motion made by M. Saadeh, seconded by B. Foley and carried 7-0, to approve minutes of September 3 , 1997. n n Environmental Advisory Board Minutes October 1, 1997 Page 2 ITEM: Regular Agenda- Item V.A PETITION NO: Planned Unit Development No. PUD-82-29 (3), The Retreat at Naples REQUESTING: Proposing to develop a nine(9)hole golf course, one hundred-eighty (180) independent living units and an eighty-four(84)unit assisted living facility with non-profit medical support on Tract B, the last remaining tract in The Retreat PUD. REPRESENTED BY: Robert Duane of Hole, Montes& Associates, Inc. Rae Ann Boylan, Boylan Environmental Consultants MOTION: Made by Blair Foley, seconded by Michael Saadeh and carried 6-0 (Mr. Hermanson abstained), to approve PUD-82-29(3)with the following stipulations (changes are shown in bold print): WATER MANAGEMENT: Prior to final SDP approval, the petitioner shall obtain the required SFWMD permit modification. ENVIRONMENTAL: 1. The following language shall be added to the environmental section of the PUD document, "This PUD shall comply with the environmental sections of the Collier County Land Development Code and Growth Management Plan conservation and Coastal Management Element at the time of final development order approval." 2. Add the following language to the end of Section 4.7 C of the PUD document. "An exotic vegetation removal and maintenance plan (CCLDC 3.9.6.6.5) shall be submitted, j for preserves within The Retreat PUD Tracts A, C and D, for review and approval prior to issuance of C.O. for Tract B. Exotic vegetation within tract B, including within all preserve areas, shall be removed prior to issuance of C.O. of Tract B." 3. Petitioner shall amend the PUD Master Plan to show the minimum 17.2 acres of native vegetation as required by the CCLDC Section 3.9.5.5.3.. Show all wetland preserves on the PUD Master Plan as shown on the Conceptual Master Plan. Amend the Legend to show acreages of these preserves. Environmental Advisory Board Minutes October 1, 1997 Page 3 4. Make the following changes to the PUD document section 4.7: a. Under letter G there are three separate paragraphs. The second one shall be labeled H and the third shall be labeled I. b. Add "J. Buffers shall be provided in accordance with CCLDC Section 3.2.8.4.6.3. All preserve areas shall be recorded, by separate instrument, as conservation/ preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. Contact Collier County Real Property Division if the conservation areas are to be dedicated to Collier County." c. Add "K. A Gopher tortoise relocation/management plan shall be submitted to Current Planning Environmental Staff for review and approval. A copy of the approved plan language shall be included on the final Site Development Plan." d. Add "L. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Collier County Current Planning Environmental Staff Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County wetlands." e. Add "M. 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 Resources Permit Rules and be subject to review and approval by Collier County Current Planning Environmental Staff" f. Amend F to read "..approved by -- ' l'.9 . e . . • - • 9• . . Collier County Current Planning Environmental Staff." Environmental Advisory Board Minutes October 1, 1997 Page 4 OLD BUSINESS: The EAB members discussed the airboat item which was scheduled for October 7, 1997 at the BCC. The EAB agreed that they would like Mr. Hinchcliff to represent them with the following proposal. Paul was asked to ask the BCC to require that if Staff is directed to design criteria, the EAB should be allowed to review and comment to Staff prior to bringing it back to the BCC. They also asked that Staff work with representatives of the Airboat industry in designing the criteria. This motion was passed 7-0. ******* NEW BUSINESS: The EAB discussed the applicant that were submitted to them for review for the two vacancies to the EAB. A motion was made and carried 5-2 (Hermanson and Saadeh voted against) as follows. The EAB recommends to the Board of County Commissioners that no applicants from this pool be appointed to the EAB. The motion included a request that the County re-advertise for the positions and asked that Staff contact the applicants that had submitted resumes for the last vacancy. The Board felt that there were better qualified applicants to chose from in that pool. (The EAB would like to be able to recommend two applicants that are more qualified than these applicants and who can demonstrate the necessary expertise) ******* 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. Environm- .1 Advisory Board lb- Paul Hinchc ' " ";irman • MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: November 5, 1997 TIME: 9:00 a.m. PLACE: 3RD Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida EAB STAFF PRESENT Dejong X Burgeson X Espinar X Chrzanowski X Foley X Lenberger X Hermanson Absent Mulhere X Hill X Reischl X Hinchcliff X Seal X Saadeh X MINUTES BY: Stephen Lenberger, Environmental Specialist II CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:15 a.m. PRESIDING: Paul Hinchcliff, Chairman ADDENDA TO THE AGENDA: Item SDP-97-123 (Naples Memorial Gardens) requested to be withdrawn by petitioner. APPROVAL OF MINUTES: Motion made by Mr. Foley, seconded by Mr. Saadeh and carried 6/0, to approve minutes of October 1, 1997. ITEM: Regular Agenda- Item V.A PETITION NO: Final Site Development Plan Amendment No. SDP-90-69C "Vintage Bay" „,\ Environmental Advisory Board Minutes .November 5, 1997 Page 2 REQUESTING: Vintage Bay is an approved multi-family condominium complex located within the Marco Shores PUD. The proposed amendment is for the addition of three overlook boardwalks. REPRESENTED BY: Russ Danser, The Phoenix Environmental Group, Inc. MOTION: Made by Mr. Foley, seconded by Mr. Saadeh and carried 6/0, to approve Final Site Development Plan Amendment No. SDP-90-69C with staffs stipulation. Environmental: 1. The overlook boardwalks which extend into Barfield Bay shall never be used as boat docks. This would preclude the installation of cleats for the purpose of mooring boats. ITEM: Regular Agenda-Item V.B PETITION NO: Planned Unit Development Petition No. PUD-97-13 "Veterans Park Center PUD” REQUESTING: Veterans Park Center is a planned development of commercial acreage with a potential of a mixture of uses limited to medical support, medically related and other uses which are consistent with the provisions of the Collier County Comprehensive Plan. REPRESENTED BY: Michael Fernandez, Planning Development, Inc. Marco Espinar, Collier Environmental Consultants MOTION: Made by Mr. Foley, seconded by Mr. Saadeh and carried 5/0, to approve Planned Unit Development Petition No. PUD-97-13 with amended stipulations. Mr. Espinar abstained from the vote. Water Management: The developer will remove all exotics, debris, trash, and snags for the total width and length of Horse Creek within the project boundary. Environmental Advisory Board Minutes November 5, 1997 Page 3 Environmental: Create an Environmental sub-section, in the PUD document under Development Commitments and add the following: 1. This PUD shall comply with the environmental sections of the Collier County Land Development Code and Growth Management Plan conservation and Coastal Management Element at the time of final development order approval. 2. An exotic vegetation removal and maintenance plan (CCLDC shall be submitted at the time of Site Development Plan review. 3. Petitioner shall amend the PUD Master Plan to add the following language to the land use chart: "A minimum of 1.3 acres of native vegetation shall be preserved for this PUD. Tract A and Tract B shall each retain a minimum of 15% of the existing native vegetation". The following language shall be added to the PUD document under the newly created Environmental Sub-section: "A minimum of 1.3 acres of native vegetation shall be preserved for this PUD. Tract A and Tract B shall each retain a minimum of 15% of the existing native vegetation. These areas shall be identified at the time of final site development plan submittal". 4. Buffers shall be provided in accordance with CCLDC Section 3.2.8.4.6.3.. All Preserve areas shall be recorded, by separate instrument, as conservation/preservation tracts or easements dedicated to an approved entity and to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. Contact Collier County Real Property Division if the conservation areas are to be dedicated to Collier County. 5. A Gopher tortoise relocation/management plan shall be submitted to Current Planning Environmental Staff for review and approval. A copy of the approved plan language shall be included on the final Site Development Plan. 6. Prior to final development order approval (FSDP) the petitioner shall submit a copy of the Florida Game and Fresh Water Fish Commission Gopher Tortoise Permit. 7. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Collier County Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole mitigation for impacts to Collier County wetlands. Environmental Advisory Board Minutes .November 5, 1997 Page 4 8. Buffers shall bep rovided 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 Resources Permit rules and be subject to review and approval by Collier County Current Planning Environmental Staff. 9. At the time of site development plan approval the petitioner shall field adjust the proposed lake and infrastructure to preserve the maximum amount of xeric oak habitat and therefor minimize the impacts to the active Gopher tortoise burrows. ITEM: Regular Agenda- Item V.0 PETITION NO: Final Site Development Plan Amendment No. SDP-97-123 "Naples Memorial Gardens" WITHDRAWN ITEM: Regular Agenda-Item V.D PETITION NO: Conditional Use Petition No. CU-97-17 "Wind Dancer Airboat Tours and Alligator Farm" REQUESTING: The petitioner is requesting a conditional use for airboat tour operations on a parcel of land approximately 194 acres in size. Proposed site facilities include parking, boat docks, administration building and alligator exhibit. REPRESENTED BY: Beau Keene, Keene Engineering Marco Espinar, Collier Environmental Consultants PUBLIC SPEAKERS: Teresa House, Everglades Private Airboat Tours Robert Henry, Collier Seminole State Park MOTION: Made by Mr. Foley, seconded by Mr. Saadeh and carried 4/1, to approve Conditional Use Petition No. CU-97-17 with added stipulations: Environmental Advisory Board Minutes .November 5, 1997 Page 5 Environmental: 1. At the time of private airboat tour operation commencement, the petitioner shall install and maintain no trespassing signage along the entire property line every 300+yards. The entire property shall be utilized specifically for commercial conservation/ecological tours and exhibits. There shall be no other permitted uses associated with this conditional use. 2. The applicant shall utilize existing airboat trails in a round trip method according to the proposed existing trails identified on the aerial submitted on September 12, 1997. 3. Permits or letters of exemption from the U.S. Army Corps of Engineers, Florida Department of Environmental Protection and the South Florida Water Management District shall be presented for the boat docks prior to the issuance of a final site development plan approval. 4. Prior to the issuance of a Certificate of Occupancy all exotic vegetation as defined by the Collier County Land Development Code shall be removed at a minimum of fifty (50) foot buffer from the approved final development plan development footprint. The fifty (50) foot buffer area and all developed areas shall be maintained free of exotic vegetation (Collier County Land Development Code Section 2.2.24.7.4.18). 5. Upon issuance, the building permit is subject to a forty-five(45) day appeal period by the Florida Department of Community Affairs (DCA). 6. The petitioner shall assist and work with the applicable state and federal agencies (i.e., U.S. Fish and Wildlife Service, Florida Game and Fresh Water Fish Commission, etc.) to prepare base line environmental studies. 7. The airboats shall only be equipped with non-aircraft engines including spark arrestors and properly muffled to reduce the noise as much as possible. 8. Airboats shall be limited to a maximum length of eighteen(18) feet and no more than ten (10) people aboard, including the driver. 9. No more than three(3) airboats shall be allowed to operate at this site, at any one time. 10. The alligator farm shall be utizied for exhibit purposes only. No commercial farming of alligators or crocodiles shall be allowed. Only native florida species of crocodilians shall be allowed on the subject property. Environmental Advisory Board Minutes November 5, 1997 Page 6 11. Airboats shall only be allowed to operate during daylight hours, one hour after sunrise to one hour before sunset. ******* 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 fly t _ Paul Hin 'Ts Ch. man Fr �. FORM _ r 4 . MEMORANDUM OF VOTING CONFLICT LAST.tIA4E-FIRST NAME-MID E NAME ,6.5:4161.e /ee� ��.a THE BOARD, COUNCIL,COMMISSION. AUTHORITY. OR COMMITTEE ON � ???vvv WHICH 1 SERVE ISA UNIT OF: fy.4.l•Ll` ADDRESS Q D sL �� 0 CITY l _COUNTY O OTHER LOCAL AGENCY O S C1TY : _ TATE _ / COUNT y 4s NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED _ __ //4v'• NAME OF-BOARD.COUNCIL,COMMISSION.AUTHORITY.OR COMMITTEE WHO MUST FILE FORM 4 • This form is for use by any person serving on 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 are faced with a voting conflict of interest. • . As the voting conflict requirements for public officers at theiocal 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. FART 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 1 12.3143(3), Florida Statutes(Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM ()TING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from owingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government •gency 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 are 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 �v ‘r 19 /7 (a) I abstained from voting on a matter which(check one): inured to my special private gain; or inured to the special gain of A it /�Mc6e.0"—.•11/i 3D4 t v/•5 ,by whom 1 am retained. CE FORM 4.REV. 10-84 - PAGE (b) The measure onwhich I abstained and the nature of my interest in the measure is as follows: / t - C�a^ / 7Lc .4�� / •cam,_-T • • Ala • Gree D:to F ed Signature • Please see PART C for instructions on when and where to file this form. • PART B 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. However,.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 I 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¢112317(1983).A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTITU'TES GROUNDS FOR AND MAN BE 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. 1044 PAGE: rt - FORMA 4 . MEMORANDUM OF VOTING CONFLICT __ LAST NAME-FIRST NAME-MI DLE NAME / eNA� ��� fJ� � d THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON ���((! WHICH 1 SERVE IS A UNIT OF: QLQILf NG ADDRESS �,----��� x$80 . "��'cy .,•/-4-z 'CITY // 0 CITY COUNTY O OTHER LOCAL AGENCY O STATE " _ COUUNNTY/ _ _ ����s `�I�� , NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED - /Vf1V. ..5; /!'c2 NAME OF•BOARD,COUNCIL.,COMMISSION,AUTHORITY.OR COMMITTEE 1 .-f(3 "WHO MUST FILE FORM 4 This form is for use by any person serving on 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 are faced with a voting conflict of interest. • . . As the voting conflict requirements for public officers at thelocal 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 are 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 �✓ ,..5---- 19 ,"7 (a) 1 abstaine rom voting on a matter which(check one): — inured to my special private gain; or inured to the special gain of 14-4,--,9-#1, <"a-X (-I:1 4,- l,./ .z.) ,by whom I am retained. CE FORM 4-REV.10-84 - PAGE (b) The measure on which I abstained and the nature of my interest in the measure is as follows: „ • 4 �nsel /4. / `7 e r7` '� dioort r: Date Fi d Sig ature Please see PART C for instructions on when and where to file this form. • PART B 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. However,.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 I am retained. . • (b) The measure on which I voted and the.nature of my interes 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¢112.317(1983).A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAI BE 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. • • CE FORM 4.REV. 1044 PAGE: Item V.A. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF November 5, 1997 I. NAME OF PETITIONER/PROJECT: Petition No. : SDP-97-123 Petition Name: Naples Memorial Gardens Applicant/Developer: Naples Memorial Engineering Consultant: Wilson, Miller, Barton & Peek, Inc. Environmental Consultant: Wilson, Miller, Barton & Peek, Inc. Dorothea Zysko and Tom Trettis II. LOCATION: The subject property is located at the northeast corner of 111th Avenue North and Vanderbilt Drive in northern Collier County; Section 21, Township 48 South, Range 25 East . . DESCRIPTION OF SURROUNDING PROPERTIES: The proposed Site Development Plan is an eleven acre expansion to the existing Naples Memorial Gardens Cemetery. The surrounding land uses are a combination of residential sub-divisions, undeveloped property currently in a natural vegetated state and the St . John Catholic Church. ZONING DESCRIPTION N - PUD (Northshore Lakes Villas) Residential single family development w/ GT preserve S - RMF-6 Naples Park E - PUD (St . John Catholic Church w/ GT preserve Church) W - PUD (Wiggins Pass Landings) Undeveloped IV. PROJECT DESCRIPTION: The proposed improvements to the existing cemetery include a maintenance facility site with office, additional grave sites, a chapel with offices and a Gopher tortoise preserve. • EAB Meeting November 5, 1997 SDP-97-123 (Naples Memorial Gardens) Page 2 Plan of Record: Water Management: Site Development Plans for Naples Memorial Gardens expansion prepared by Wilson, Miller, Barton & Peek, Inc. Environmental: Naples Memorial Gardens Collier County Environmental Impact Statement, dated July 1997 . Prepared by Dorothea Zysko and Tom Trettis of Wilson, Miller, Barton & Peek, Inc . Site Development Plans for Naples Memorial Gardens expansion prepared by Wilson, Miller, Barton & Peek, Inc. V. STAFF COMMENTS: Water Management: According to the Collier County Drainage Atlas, Naples Memorial Gardens is in a "Miscellaneous Coastal Basin" served by the Cocohatchee River. Detailed paving, grading and drainage plans must show discharge point and route. Upon completion, Naples Memorial Gardens will become a perpetually funded, self sustaining, self maintaining entity. Staff is concerned that the money set aside for maintenance be sufficient for the task, which includes not only the standard irrigation, fertilizing, mowing and occasional re-sodding, but also the perpetual maintenance of the preserves and water management areas. Staff is also concerned that the maintenance level meets the standards of the community that the Memorial Gardens are located in. Environmental: The subject property is located at the northeast corner of 111th Avenue North and Vanderbilt Drive. The petitioner proposes to develop the remaining portion of the Naples Memorial Gardens Cemetery. The undeveloped area of this cemetery covers a little over ten acres; the majority of that being a scrub oak community with an established Gopher Tortoise population. Fifteen percent of the native vegetation will be set aside as a preserve and a small area will be set aside to mitigate for a recent violation (1 . 7 acres total) with a conservation easement . Historical background of the property will be addressed before the site analysis is discussed. EAB Meeting November 5, 1997 SDP-97-123 (Naples Memorial Gardens) ^Page 3 Staff has worked with this site since the Veterans Park area in the cemetery was in for review as an expansion several years ago and more recently in July, 1996 when Doralyn Trulson of the Naples Memorial Gardens requested a vegetation removal permit for the property currently under review. At that time (July 1996) staff informed the applicant that the only vegetation that could be removed at that time, without another development order submittal, would be exotics. Staff told Ms. Trulson that before an exotic removal permit could be issued she would have to have a Gopher Tortoise survey completed and would possibly need to get a Gopher Tortoise permit from the Florida Game and Fresh Water Fish Commission. Several tortoise burrows were shown to Ms. Trulson immediately east of the Veterans Park area so that she would know what they looked like. In February, Staff was invited to visit the site with Kimberly Polen, Collier County Code Enforcement, to help assess a clearing violation. At that time several previously identified tortoise burrows were undetectable and native vegetation, mainly scrub habitat, had been removed. That violation has since been resolved with Kimberly Polen and is identified on the site plan as the 7200 square feet adjacent to the Gopher Tortoise preserve. An investigation is currently underway by the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding the loss of habitat and tortoise. Collier County will approve this SDP with a stipulation that the petitioner (not Collier County Government) is fully liable for the resolution of that outstanding issue with FGFWFC. The applicant proposes improvements and preservation for the remaining ten acres of the cemetery. The site consists of upland habitats and an existing pond; no jurisdictional area was identified. The uplands can be described as a little over three acres of pine flatwoods, 1 .3 acres of scrubby flatwoods, 5 . 7 acres of xeric oak and the balance of the property either disturbed by previous clearing or nearly monoculture exotics. The pine flatwoods has a canopy of slash pine (Pinus elliotti) , a midstory of saw palmetto (Serenoa repens) , wax myrtle (Myrica cerifera) , rusty lyonia (Lyonia ferruginea) and Brazilian pepper (Schinus terebinthifolius) . The groundcover consisted of wiregrass (Aristida stricta) , pennyroyal (Piloblephis rigida) and caesar-weed (Urena lobata) . The scrubby flatwoods has similar vegetation but also included scrub live oak (Quercus geminata) , myrtle oak (Quercus mvrtifolia) and Chapman' s oak (Quercus chapmanii) . EAB Meeting November 5, 1997 SDP-97-123 (Naples Memorial Gardens) ''age 4 The xeric oak community has a sparse slash pine canopy. The midstory is dominated by scrub live oak, myrtle oak, Chapman' s oak, rusty lyonia, wax myrtle, and rosemary (Ceratiola ericoides) . Ground cover includes gopher apple (Licania michauxii) , prickly pear cactus (Opuntia compressa) , reindeer lichen (Cladonia spp. ) , mosses and pennyroyal . The most recent Gopher tortoise survey completed on site was done in May 1997 . The consultant describes in the EIS, a total of 45 burrows both active and inactive. During a subsequent site visit, Staff identified five additional burrows that were not flagged with survey tape. They all appeared to be active. All burrows outside of the proposed Gopher tortoise preserve will be excavated. All tortoise and comensals will be relocated, by a qualified professional, to the designated preserve area. I. RECOMMENDATIONS: n Staff recommends approval of SDP-97-123 with the following stipulations : Water Management: 1 . Final construction plans will show discharge structure and route of offsite discharge. Environmental: 1. The final SDP shall show a total of 1 . 70 acres of native vegetation preservation (1 .53) and mitigation ( .17) . Revise the tables, aerial, land use summary, clearing plan and site plans (Sheets 2,4 and 5) appropriately. 2 . The Preserve areas shall be recorded, by separate instrument, as conservation/preservation tracts or easements dedicated to an approved entity and to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704 . 06 . Contact Collier County Real Property Division if the conservation areas are to be dedicated to Collier County. EAB Meeting November 5, 1997 SDP-97-123 (Naples Memorial Gardens) Page 5 3 . The Gopher tortoise relocation/management plan shall be revised to accurately reflect the number of burrows, active and inactive and their locations . The map submitted shows 24 active burrows and 16 inactive burrows (40 total) . The Management Plan refers to 26 active burrows and 19 inactive burrows (45 total) . The incidental take permit application provided, states that there were 19 active and 26 inactive burrows (45 total) . Please resolve the discrepancies and provide a map showing the location of all 45 burrows identified. 4 . Revise the Gopher Tortoise Management Plan language on sheet 2 of 9 as follows: A. Remove the first sentence under Relocation Procedures . B. Remove the last sentence in paragraph three under Relocation Procedures, referring to the accidental death of tortoises. C. Remove the last sentence in paragraph four under Relocation Procedures, regarding reasonable effort not to harm indigo snakes and eggs. Replace that sentence with one which states that any comensals found in the burrows, or any indigo snakes or eggs found on site, shall be relocated to the preserve in accordance with FGFWFC criteria. n D. Revise the end of the first sentence under Release of Tortoises, to state that the tortoise fencing will be removed (not that tortoises will be released) . E. Remove the last sentence under Release of Tortoises referring to no guarantee that they will survive. 5 . Prior to pre-construction meeting a copy of an approved Gopher tortoise permit from FGFWFC shall be submitted. 6 . A site visit shall be scheduled, between the Environmental Consultant and Current Planning Environmental Staff prior to beginning of the excavation of the Gopher Tortoise burrows on site. This will allow staff to identify to the consultant the additional active burrows that were not identified at the time of the last Gopher Tortoise survey. All tortoise and comensals found in the burrows shall be relocated into the Gopher Tortoise preserve. 7 . Current Planning Environmental Staff, either Barbara Burgeson or John DiMartino, shall be contacted at least forty eight hours prior to excavating the burrows, to allow them to observe excavation and relocation if time permits . EAB Meeting November 5, 1997 SDP-97-123 (Naples Memorial Gardens) Page 6 8 . The following note shall be added to the Final Site Development Plan Approval letter, "The petitioner (not Collier County Government) shall be fully liable for the resolution of any outstanding issue with Florida Game and Fresh Water Fish Commission" . 9 . No berms or water management swales are allowed within the Gopher tortoise preserve . (The petitioner has identified a berm, along the north and east sides of the Gopher tortoise preserve, on the site plan submitted to Kimberly Polen for resolution of their clearing violation) . PREPARED BY: &' e r.97 Stan Chrz_ - owski, P.E. Date Senior Engineer i 30--)(Ipeo Q • L c.�� to-2q-q7 Barbara S . Burgeson Date Environmental Speciali II REVIEWED BY: ----SL4,1 P1 1/a.c.1 !D -27 Thomas E. Kuck, P.E. Date Engineering Review Manager A°fi' 4.1..- --K-,___N' /0- 29 - $7- Rober J. Mulhere, AICP Date Current Planning Manager SDP-97-123/EAB Staff Reports/pd COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND 2800 NORTH HORSESHOE DRIVE ENVIRONMENTAL SERVICES DIVISION NAPLES, FLORIDA 34104 PLANNING SERVICES DEPARTMENT November 24 , 1997 Mr. Dwight Nadeau McAnly Engineering& Design, Inc. 5101 Tamiami Trial, East, Suite 202 Naples,Florida 34113 RE: Planned Unit Development No. PUD-97-16 Naples Forest Country Club Section 15, Township 50 South, Range 26 East Collier County, Florida Dear Mr.Nadeau: The referenced matter will be reviewed by the Environmental Advisory Board during its forthcoming meeting scheduled for December 3, 1997. 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 .ours, f Stan rza .;ws 1, '.E. Senior Engineer SC/pd/f:EAB Letters/PUD-97-16 Notice of Meeting 12-3-97 Attachments cc: Toll Brothers, Inc. PUD-97-16 File EAB File Building Review & Permitting (941) 403-2400 Natural Resources (941) 732-2505 Code Enforcement (941) 403-2440 Planning Services (941) 403-2300 Housing & Urban Improvement (941) 403-2330 Pollution Control (941) 732-2502 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND 2800 NORTH HORSESHOE DRIVE ENVIRONMENTAL SERVICES DIVISION NAPLES, FLORIDA 34104 PLANNING SERVICES DEPARTMENT November 24, 1997 Ms. Karen Bishop PMS (Project Management Services) 2335 Tamiami Trail North, Suite 303B Naples,Florida 34103 RE: Planned Unit Development No. PUD-97-18 Wiggins Pass Landings PUD Section 20, Township 48 South, Range 25 East Collier County, Florida Dear Ms. Bishop: The referenced matter will be reviewed by the Environmental Advisory Board during its forthcoming meeting scheduled for December 3, 1997. 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 ,j , Yours, f C an Chrzanowski,P.E. Senior Engineer SC/pd/h:\EAB Letters/PUD-97-18 Notice of Meeting 12-3-97 Attachments cc: Signature Communities,Inc. PUD-97-18 File EAB File Building Review & Permitting (941) 403-2400 Natural Resources (941) 732-2505 Code Enforcement (941) 403-2440 Planning Services (941) 403-2300 Housing & Urban Improvement (941) 403-2330 Pollution Control (941) 732-2502 3.A COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND 2800 NORTH HORSESHOE DRIVE ENVIRONMENTAL SERVICES DIVISION NAPLES, FLORIDA 34104 PLANNING SERVICES DEPARTMENT November 24, 1997 Wilson, Miller, Barton&Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 RE: SDP-97-123 Naples Memorial Gardens Section 21, Township 48 South, Range 25 East Collier County, Florida The referenced matter will be reviewed by the Environmental Advisory Board during its forthcoming meeting scheduled for December 3, 1997. 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, s J 4/ if/ . ryas Stan Chrzane ski,P.E. Senior Engineer SC/pd/h:EAB Letters/SDP-97-123 Notice of Meeting 12-3-97 Attachments cc: Naples Memorial Gardens SDP-97-123 File Reading File Building Review & Permitting (941) 403-2400 Natural Resources (941) 732-2505 Code Enforcement (941) 403-2440 Planning Services (941) 403-2300 Housing & Urban Improvement (941) 403-2330 Pollution Control (941) 732-2502 ti Item V.C. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF DECEMBER 3, 1997 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development Petition No. PUD-97-18 Petition Name: Wiggins Pass Landings PUD Applicant/Developer: Signatures Communities, Inc. Engineering Consultant: Johnson Engineering, Inc. Environmental Consultant: Kevin L. Erwin, Consulting Ecologists, Inc. Turrell& Associates, Inc. II. LOCATION: n The subject property is located in the northwest corner of Bluebill Avenue (111th Avenue North) and Vanderbilt Drive in Section 20, Township 48 South, Range 25 East, Collier County, Florida. M. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N - RMF-12 Undeveloped RMF-12 St Undeveloped S - RMF-6 Undeveloped section owned (Connors Vanderbilt Beach Estates) by Collier County E - Vanderbilt Villas PUD Partially developed Northshore Lake Villas PUD Partially developed Agricultural Partially developed (Naples Memorial Gardens Cemetery) W - RMF-16 Developed (Vanderbilt Shores) CON- St Developed park site (Delnor-Wiggins State Recreation Area) EAB Environmental Advisory Board Staff Report .December 3, 1997 PUD-97-18 Page 2 III IV. PROJECT DESCRIPTION: Wiggins Pass Landings is an 88.55 acre multi-family residential project with recreational facilities, board walks/wharf, stormwater management retention system and preserve area. Plan of Record: Water Management: Wiggins Pass Landings PUD Master Plan by PMS, Inc., received by Planning Services November, 1997. Preliminary Water Management Worksheet - Wiggins Pass Landings by Johnson Engineering, DTD November, 1997. Environmental: Wiggins Pass Landings PUD document prepared by PMS, Inc. of Naples, received by Planning Services November 5, 1997. Environmental Impact Statement for Wiggins Pass Landings prepared by Kevin L. Erwin, Consulting Ecologist, Inc., dated April, 1997. Wiggins Pass Landings Supplement to E.I.S. prepared by Turrell & Associates, Inc., dated September, 1997. V. STAFF COMMENTS: Water Management: The proposed system consists of one basin discharging into adjoining wetlands bordering Turkey Bay. The system will provide water quality retention and peak flow attenuation during storm events. The system is standard for projects of this type, and its proximity to the final basin outfall means downstream properties will not be impacted. Environmental: n The subject property is an undeveloped 88.55 acre parcel located on the north west corner of Bluebill Avenue and Vanderbilt Drive. Habitats on site consist of scrub, scrubby flatwoods, wetland forest, mangrove swamp and open water portions of Turkey Bay. Habitat descriptions EAB Environmental Advisory Board Staff Report .December 3, 1997 PUD-97-18 Page 3 for each of the FLUCCS codes identified on site are given in the Environmental Impact Statement. Sections of the fresh water wetlands on site have been impacted with exotic vegetation(Brazilian pepper, Melaleuca). Approximately 38.8 acres of Collier County/South Florida Water Management District jurisdictional wetlands occur on the subject property. Most of the project development is concentrated in upland areas although minor impacts to wetlands may occur within the residential parcels. These impacts will be determined during the site development plan review process. Impacts to jurisdictional wetlands as shown on the PUD master plan include an eight foot wide boardwalk and a gazebo. A marginal wharf is also proposed to be constructed in the canal, along the western property boundary, seaward of the mangrove fringe. The wharf will provide vessel mooring for the residents of the project. The petitioner proposes to compensate for wetland impacts by restoring and enhancing wetland areas on site. Mitigation will include the removal and control of exotics in remaining on-site wetlands along with supplemental wetland species plantings in restored wetland areas. n Three soil types were identified on the site. These include (41) Urban Land Satellite Complex, (17) Bassinger Fine Sand and (40) Durbin and Walfert Mucks. The latter two are listed as hydric soils per the revised Collier County soil legend (1/90, H. Yamataki). A soils map of the project site is included in the environmental impact statement. Gopher tortoises (Gopherus polyphemus) were the only listed wildlife species found on the subject property. A total of 68 active and 70 inactive gopher tortoise burrows were identified within the scrubby pine flatwoods. The gopher tortoise is listed as a species of special concern by the Florida Game and Fresh Water Fish Commission (FGFWFC). A gopher tortoise relocation/management plan has not been proposed at this time. Listed plant species observed by the petitioner within the upland boundary of the site include Curtiss' milkweed (Asclepias curtissii), nodding pinweed (Lechea cernua), wild pines (Tillandsia setacea, T. utriculata, T. balbisiana, T. fasciculata), wild coco (Eulophia alta), golden polypody (Phlebodium aureum), brake fern (Pteris vittata), and sand pike moss (Salaginella avenicola). Curtiss' milkweed and nodding pinweed are endemic to scrub habitats and are listed as endangered by the Florida Department of Agriculture and Consumer Services (FDACS). Air plant (Tillandsia setacea), reflexed wild pine (Tillandsia balbisiana), wild coco, golden polypody, brake fern and sand spike moss are listed as threatened by the FDACS. Giant wild pine (Tillandsia utriculata) and stiff-leaved wild pine (Tillandsia fasciculata) are listed as commercially exploited by the FDACS. The project site contains a known archaeological site as identified in the historical / archaeological probability maps for Collier County. The petitioner has submitted an archaeological survey and assessment as required in Section 2.2.25.3.3 of the Collier County Land Development Code. EAB Environmental Advisory Board Staff Report .December 3, 1997 PUD-97-18 Page 4 The Wiggins Pass PUD was reviewed and approved by the Environmental Advisory Board (EAB) during their October 2, 1996 meeting. The previous application was subsequently withdrawn and not heard by the Board of County Commissioners. During the October 2, 1996 meeting the EAB added the following stipulation to the PUD document. Petitioner shall prepare and submit for Environmental Advisory Board approval a vegetation clearing/preservation plan optimizing the preservation of habitat with curtiss' milkweed (Asclepias curtissii), nodding pinweed (Lechea cernua) and sand spike moss (Salaginella avenicola) to the extent feasible for development of the project. Such plan shall be submitted as part of the Preliminary Subdivision Plat application or Site Development Plan application. VI. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition No. PUD-97-18, "Wiggins Pass Landings" with the following stipulations: Water Management: 1. Applicant will need to obtain a Surface Water Management Permit from the SFWMD prior to site development plan approval. Environmental: 1. Label the mangrove and wetland areas as preserve areas on the PUD master plan. 2. Amend Section 2.12 of the PUD document to read as follows by adding the underlined language and deleting the struck through language. Pursuant to Section 6.10.A of this PUD, Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be preserved. 3. Amend Section 4.3 (D) of the PUD document to read as follows by adding the underlined language and deleting the struck thr ghlanguago Drainage, water management structures, and utilities, utilitarian-facilities; subject to all needed permits. 4. Amend Section 4.4 (A) of the PUD document to read as follows by adding the underlined language and deleting the . — EAB Environmental Advisory Board Staff Report .December 3, 1997 PUD-97-18 Page 5 Principal structures shall be setback a minimum of ten feet (10') from Recreational, and Open Space and Preserve District boundaries and private roads, and ten feet (10') from all PUD boundaries and residential tracts. Principal structures shall be setback a minimum of twenty-five (25) feet from Preserve District boundaries. 5. Replace Section 5.10 (B) of the PUD document with the following stipulation. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3 CCLDC. 6. Amend Section 5.10 (C) of the PUD document to read as follows by adding the underlined language and deleting the -. . - _ • • . Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. .. . . . .. . . -- - . - --- - . I . - - •- - •- .. . : - . .. -- - 7. Add the following stipulations to the PUD document. In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. A Gopher Tortoise survey and relocation/management plan shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. A copy of the relocation/management plan shall be included on the final site plans/construction plans. PREPARED BY: STAN CHRZANOWSKI, P.E. DATE SENIOR ENGINEER — EAB Environmental Advisory Board Staff Report .December 3, 1997 PUD-97-18 Page 6 -4/(k / 00/7 STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST II REVIEWED BY: '4101.1W- .4CIL ///74/9 THOMAS E. KUCK, P.E. DATE ENGINEERING REVIEW MANAGER 1/ ( / RIB"RT F. MULHERE, AICP DATE CURRENT PLANNING MANAGER