Loading...
EAC Agenda 01/16/1991 ENVIRONMENTAL ADVISORY COUNCIL AGENDA January 16, 1991 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. PU-90-30: Robert L. Duane, AICP of Hole, Montes & Associates, Inc. , representing Florida Rock Industries; requesting a provisional use "o" or A-2 zoning district for a portable asphalt plant. V. OLD BUSINESS VI. PUBLIC HEARINGS A. R-90-36: Harvey Strauss, P. E. of Alpha Engineering of Lee County, Inc. , representing John D. Jassy, Trustee; requesting a zoning change from A-2 to PUD "Saddlebrook" . B. R-90-37 : George L. Varnadoe, Esquire of Young, van Assenderp, Varnadoe and Benton, P. A. , representing Antaramian Development Corporation; requesting a zoning change from PUD and RT to PUD "Point Marco" . C. R-90-31: William C. McAnly of William C. McAnly and Associates, P. A. , representing Collier Golf Authority; requesting a zoning change from A-1MH to PUD, "Bill Piper Memorial Public Golf Course PUD" . D. R-90-20/DRI-90-1/SMP-90-37 : Gary S. Derck of Edward D. Stone, Jr. & Associates, representing Collier Development Corporation; requesting a zoning change from A-2 & PUD to PUD, "Collier Tract 22" and Frederick T. Barber & Dominick J. Amico of Agnoli, Barber & Brundage, Inc. , representing Collier Development Corp. ; requesting a Subdivision Master Plan approval for "Cocohatchee Cove" . VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP A. Environmental Advisory Boards ************************************************************* NOTES: A. Notify PROJECT REVIEW SERVICES (Environmental Staff) (643-8470) no later than 5 P.M. on Monday January 14, 1991, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. Please refer to notice on first floor, Building F, for the location of the E.A.C. meeting. C. Items added after agenda was sent out. D. No action since last Council meeting. E. On January 7 , 1987 the E.A.C. adopted a policy that any person addressing the E.A.C. on behalf of any organization must present a letter from said organization acknowledging them as a representative empowered to make policy related comments on that subject. ************************************************************* PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** *********** ********** ************************************************************* MEMORANDUM TO: Project Review Services Environmental Staff Ron Nino, Planning Services FROM: Fred Reischl DATE: January 15, 1991 RE: R-90-8 "Island Oasis" Please be advised John Lee of Hole, Montes & Associates informed staff January 14, 1991, of his intention to request the EAC members add petition R-90-8 (Island Oasis) to the January 16, 1991 agenda. This request would be made at the EAC meeting. This petition was continued indefinitely at the December 19, 1990 EAC meeting at the petitioner's request. FR/ew cc: Chrono File EAC Binder -- Frank Brutt, Community Development Services Admin. David Pettrow, Development Services Director John Madajewski, Project Review Services Manager Jim Burch, Natural Resources Management Cecilia Martin, Planning Services Stue Santos, Natural Resoureces Management Bill Lorenz, Enviornmental Services Admin. Stephanie Smith, Project Review Services PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 12/19/1990 Petition: R-90-8: Robert L. Duane, AICP of Hole, Montes & Associates, Inc. , representing Elhanon and Sandra Combs; requesting a zoning change from RSF-4 to PUD "Island Oasis". Considerations: Petitioner requests a zoning change for the development of single-family and multi-family residential units with a recreation area that includes a pool, clubhouse, and tennis facilities on the 5. 6 acre site. The subject property is located off Marco Lake Drive on Marco Island and is bounded on the north and west by property zoned C-4, and on the east and south by RSF-4 zoning. Most of the site is a submerged wetland created by borrow pit activities. The dominant vegetation is cattails (Typha spp. ) . Many birds were observed on site, and American -P-4\ alligators (Alligator mississippiensis) have been reported. Recommendations: Since human activity has had a great impact on the site, staff recommends approval of petition R-90-8 subject to the following stipulations: 1. Habitats and their boundaries (consistent with FLUCCS) shall be identified on an aerial photo of the site (Ordinance No. 82-2 as amended by Ordinance No. 89-49) prior to approval of subdivision master plan. 2 . The master plan shall reflect the fact that twenty five percent (25%) .of native vegetation (as determined from data supplied in stipulation one) shall be retained or recreated (Ordinance No. 82-2 as amended by Ordinance No. 89-49) prior to approval of subdivision master plan. 3 . A proposed mitigation plan for wetland impacts (a minimum ratio of 1.5: 1 onsite and/or 3: 1 offsite) shall be submitted (Collier County Growth Management Plan - Conservation and Coastal Management Element Policies 6.2 .5; 6.2.8; 6.2. 10; 6.2. 12; and 6.3.2) prior to approval of subdivision master plan. Staff Report R-90-8 EAC Meeting 12/19/90 Page 2 4. The applicant shall modify the proposed lake cross section to raise bottom elevation to -4.0 NGVD (Ordinance No. 70-2) , or, if a deeper excavation is desired, test borings and periodic water quality monitoring shall be required to prove that no salt water intrusion will occur, prior to approval of the plat and construction plans. 5. An appropriate protected species survey, using current methodology of the Florida Game and Fresh Water Fish Commission (FGFWFC) shall be performed (Collier County Growth Management Plan - Conservation and Coastal Management Element Policies 7.3.4 and 7.3.8) prior to approval of subdivision master plan. FGFWFC permits or letters of exemption shall be presented prior to plat approval. 6. Section 7.1B of the PUD document shall be revised to incorporate the provisions of Ordinance No. 82-2, Section 8.30 as amended b Ordinance No. 89-57. PREPARED BY: DATE: /Z -13-50 F REISCHL ENVIRONMENTAL SPECIALIST I - J ATE: /2 /3/90 REVIEWED BY: jt�c_.1�. • �/l.�k,��✓�,¢,�.-D / ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST G � I REVIEWED BY: / _ . - DATE: /L�I,s�9° OHN F. MAD•�+EWSKI, P. E. g.ROJECT REV W SERVICES MANAGER Staff Reports, R-90-8, ew r.._ ,�'r's -gt r9 -mR -' ,� � '1*"-, •• "4- #s` h: ,1 r ;,, r, e _„7. . :,, ,t- xs'-'� -.s`Je�i £ _ ?- - §°`a-v 'G ,�•�+•.�?�-,s:T..�. � .r .,"^k g_. '- s?s ,��s r=r. a�„ !, <`L .; "- ,,..-561$1*,„,-o t 3�ss.: '''' - 4r -'§,a�- �S''` "Y ,,,F yr.`..`...�- S t "".o -:.. t c -:;14174.'':- 3. `�? -' .,44115' e �=c t. T y;,...'' ,fi y ~ .y,r tca.•` x ._d.z �x e.Se*+�. -5.•...' 1. .�:— r $-ga �, rr°a * r-�. t 'n >- ,. ,, .Vis"' A.,-,,,t;-:-7:;77-.3--4 ., '�__ ,-� .oz ''''-''''t_., 4, -. •YOUNfi, V�iiN ASSENDER;, YARN- 1 .. � ", ti -,4e-k, ATTORNEYS AT LAW '0 s2, K R$PLr TO' raAL4tE S HALL R.6RUCE ANDERHON 335 $Q ADAMS STREET,SUtTE 200 RICHARD E.JFORDRenrroN5T OFFICE Box 1833 TASHA C•BUFORD Naples 7ALLAH SEE,FLORIow 32302 1533 FORREST K.CLINARD TEr.-iHONE (404)222-7206 C.DAVID LA L.COOK TEL..•PIER (904) 561.6834 C•LAURENC£ KEESEY I .«-...`�'' G.OQNALO THOMSON UN BANK BViLO1NG j KENZA VAN VARNA OERP _ 1LAUREL 05K DRIVEGEORGE L.VARNADOE $UtT£300RaY C•1 OvNGrOFFICEBox 7907NA III: I s.Ft.ORIow 33941-7907 January 15, 1991TNONE (613) 597 2814TE - OPI£R (813) 597.1060 Mr. Jahn Madajewski. Project Review Services Manager Development Services Department 2800 North Horseshoe Drive Naples, FL 33942 Re: Point Marco PUD/EAC Meeting Scheduled For 1/16/9 Dear John: Please accept this letter as my request to continue a above- referenaed matter (petition R-9037} scheduled. for the Environmental Advisory Committee meeting on Wednesday, January 16, 1991. Should you have any questions, please do not hesitate to contact me. SinC- -ly yours, "r. ' George L rnadoe GLV/mp cc: Ron Nino 30090A A3 s , "+' 'c-`�1,�',. S`Y ,,,,„.*" r •„n dux" } +.. £- '.+b' - '' 6 �" °" �,-:r` '-rte' '�r4::s'Y� +'`,�„` 4- ,. jF`* ji.- '"z,�"' ..a -f"'s a}'r w ', "" MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: October 31 , 1990 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT Addison X Madajewski X Neale X Burgesson X Snyder X Reischl X Turrell X Polen X Prynoski X Worsham X MINUTES BY: Wanda Arrighi , Deputy Clerk CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 10 : 10 A.M. PRESIDING: Dr. James Snyder, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES: September 19, 1990 Minutes approved as presented. Page 1 ii ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 1 ***** ITEM: PROPOSED ADMINISTRATIVE APPROVALS PETITION NO. : R-90-29 FILED BY/FOR: William R. Vines, AICP of Vines and Associates, Inc . , representing Quail Creek Country Club, Inc . REQUESTING: Zoning change from Golf Course (GC) to RSF-2 . REPRESENTED BY: Staff COMMENTS: Consensus to concur with administrative appro- val. ***** PETITION NO. : R-90-33 FILED BY/FOR: Shelly O ' Steen of Dimension One Associates, Inc . , representing Summer Glen of Immokalee, Ltd. REQUESTING: Zoning change from A-2 MH to PUD, "Summer Glen of Immokalee" REPRESENTED BY: Staff COMMENTS: Consensus to concur with administrative appro- val . ***** PETITION NO. : PU-90-23 FILED BY/FOR: Terrance L. Kepple of Bruce Green and Associates, Inc . , representing Deltona Utilities, Inc . REQUESTING: A provisional use "b" of 8 . 10 for water treat- ment , storage and pumping. REPRESENTED BY: Staff COMMENTS: Consensus to concur with administrative appro- val . Page 2 Ali ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 ***** PETITION NO. : PU-90-25 FILED BY/FOR: David S. Wilkison, P.E. , representing Immokalee Auto Sales, Inc . REQUESTING: A provisional use "g" of C-4 zoning district for used car sales. REPRESENTED BY: Staff COMMENTS: Consensus to concur with administrative appro- val. ***** PETITION NO. : PDA-90-10 FILED BY/FOR: John D. Lee of Hole, Montes and Associates, Inc . , representing Carl M. Fernstrom, Trustee. REQUESTING: A PUD Amendment to "Plantation PUD" to allow Child Car Facilities . REPRESENTED BY: Staff COMMENTS: Consensus to concur with Administrative appro- val. ***** ITEM: PUBLIC HEARINGS PETITION NO. : PDA-90-5 FILED BY/FOR: William R. Vines, AICP of Vines and Associates, Inc . , representing Tollgate Commercial Center, A Florida General Partnership. REQUESTING: A PUD Amendment to Tollgate Commercial Center PUD, REPRESENTED BY: William R. Vines, AICP of Vines and Associates, Inc . COMMENTS: This item was moved to the Public Hearing sec- tion of the meeting from Proposed Page 3 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 Administrative Approval because of a disagreement by the Petitioner with the Stipulations. Mr . Vines stated that there is a problem with the application in that it seeks to change language regarding the location of driveways in a part of the project which is platted. He commented that Transportation Services included three Stipulations, and he has no problem with the first two. The third one, he noted, requires some natural flow ways and natural retention areas on the approved Master Plan be created as preserved tracts which is in contrast with requirements that he is subject to by The Corps of Engineers and DER permitting. Ms. Polen noted that the area in question is within the Belle Meade Henderson Creek Water Shed of the Rookery Bay Aquatic Preserve and the natural drainage is south to southwest across this site. She advised that ground elevation for the site is approximately 9 . 7 to 11 . 8 feet above mean sea level , and the seasons high water elevation appears to reach its maximum at approximately at 10. 5 feet . She stated that by utilizing the Comprehensive Plan she applied Objectives 6. 2 and 6 . 3 in the Associated Policies recognizing viable func- tioning wetlands on the site. She recognized that there is a flow way and water management natural retention areas that are set aside on the Master PUD document ; but looking at this particular rezone with no knowledge of future intentions and based on information available as well as noting what has been done in the past , the decision to set these areas aside as conservation easements seem to be the best management for this area which is Stipulation 3 . Dr. Snyder questioned what the status of the natural retention areas are? Mr. Vines stated that the existing approved Master Development Plan, which is the PUD Master Plan and the DRI Master Plan, indicates the preserve areas that are noted by Staff , Page 4 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 but in order to develop the area where the wetland preserves are, it is necessary to obtain State, Federal and Water Management District permits. He advised that these per- mits are not available because there have been changes in the rules since 1983 when the Plan was approved by the County. He explained that based on what it appears the DER and the Corps have determined, modification to the Master Plan is necessary to be in agreement with the requirements of the permits. He related that the concern is that this stipulation may not be possible for him to comply with due to the rules he must follow by the DER and the Corps. In response to Dr. Snyder, Mr . Vines advised that this petition does not involve any wetlands or preserve establishment , it simple involves the location of driveways in platted underdeveloped areas which is limited to the western portion of the project where there are no wetlands. He clarified that the reason for the application to modify the language is because of the planned Super America Service ^ Station and convenience facility which have an internal circulation and driveway system and has been approved by the Transportation Department . The problem came, he said, because according to the original language in the PUD document the second driveway was pro- hibited, and the Transportation Department advised him to modify the language to the PUD and provided the language to do so which is the result of this petition. Councilman Neale questioned if the petitioners would be willing to agree to a stipulation which includes words that permit modification if required by State agencies? Mr . Vines replied that this would be no problem and added that this would make the third stipulation like the other two in that they are not necessary but not objectionable because they simply imply that the rules have to be followed. Ms. Pollen suggested that Stipulation 3 .a. be reworded to say, "The natural flow way and Page 5 • II ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 natural retention areas shall be jurisdic- tional to all applicable State and County agencies and shall be created as preserve tracts or conservation easements subject to the uses and limitations of Chapter 704. 06 of the Florida Statutes prior to Subdivision Master Plan approval . " MOTION: Mr. Neale moved, seconded by Mr. Turrell and carried unanimously, to approve Petition PDA-90-5 subject to staff stipulations as amended. STIPULATIONS: 1 . The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. 2 . Rezone approval does not absolve the applicant from supplying necessary infor- mation as required for subsequent site plan approval ( i .e. wildlife surveys, etc . ) . 3 . According to the Objectives 6 . 2 and 6. 3 and associated policies of the Collier County Comprehensive Plan - Conservation and Coastal Management Element , no net loss of wetlands shall occur ; therefore, the PUD Master Plan is subject to the following: a. The natural flow way and natural retention areas shall be jurisdic- tional to all applicable State and County agencies and shall be created as preserve tracts or conservation easements subject to the uses and limitations of Chapter 704 . 06 of the Florida Statutes prior to Subdivision Master Plan approval . b. Future proposed access points shall not encroach upon the preservation tracts or conservation easements referenced in this document . ***** Page 6 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 PETITION NO. : R-90-12 FILED BY/FOR: Q. Grady Minor of Q. Grady Minor and Associates, P.A. , representing Jack and Mary Freedman. REQUESTING: A zoning change from MHRP to PUD, "Leawood Lake IV" . REPRESENTED BY: Robert Thinnes, Q. Grady Minor and Associates COMMENTS: Mr . Thinnes stated that the petitioner is requesting that language be added to Stipulation 3 that references the Comprehensive Plan in the State Statute in terms of the mitigation. Ms. Burgesson commented that Staff has no problem with this addition. MOTION: Mr. Neale moved, seconded by Mr. Turrell and carried unanimously, to approval Petition R-90-12 subject to Staff Stipulations as amended in the modified Staff report. STIPULATIONS: 1 . The applicant shall be subject to all environmental ordinances in effect at the time of all final development order approvals. 2 . Rezone approval does not absolve the applicant from supplying necessary infor- mation as required for subsequent site plan approval ( i . e. wildlife surveys, jurisdictional wetland information and appropriate mitigation) . 3 . All mitigation for impacted wetlands shall comply with the ratios and requirements of Appendix 7 of the South Florida Water Management District rules and may consist of wetland creation, upland compensation for wildlife etc . , but in no case may mitigation be less than a 1 : 1 area ratio. 4 . Preservation and mitigation areas shall be designated as preservation tracts and/or Page 7 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 conservation easements on all subsequent site plans and shall be recorded on the plat subject to the uses and limitations of Chapter 704 .06 of the Florida Statutes. 5 . Preservation areas located approximately 150 feet south of Radio Road along the eastern boundary, and approximately 500 feet south of Radio Road along the western boundary and totaling no less than 1 . 4 acres in area, shall be field verified and approved by Collier County Project Review Environmental Staff . These areas shall retain the existing natural canopy, understory and groundcover vegetation and shall be maintained free of exotics in perpetuity. ***** PETITION NO. : R-90-9 FILED BY/FOR: Kris A. Dane, P.E. of Coastal Engineering Consultants, Inc . , representing The Arete National Golf Club, Inc. REQUESTING: A zoning change from A-2 and A-2ST to PUD "Arete" . REPRESENTED BY: Kris A. Dane, P. E. of Coastal Engineering Consultants, Inc . COMMENTS: Mr . Dane stated that the site is comprised of 240 acres of wooded land containing 200 acres of uplands and 39 acres of wetland vegeta- tion. He commented that 40% of uplands and 77% of wetlands will be preserved. He added that the wetland encroachments will be miti- gated in accordance with the rules of the South Florida Water Management District . Mr. Dane advised that after meeting with the Staff the original Stipulations were changed and agreed upon by the Staff and Petitioner . He explained that the two issues were that Staff had identified certain wetlands they wished preserved, and the Petitioner requested that some of the area be filled and mitigation Page 8 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 be provided; and that Staff specified the upland area to be preserved, and the Petitioner requested that there be flexibility as to where this area is, and it not be tied to a specific area. He added that 4696 of the native vegetation is being preserved on the site. Mr. Dane remarked that of the revised Stipulations he wishes to comment on item E and change the maximum units to 48 which the PUD provides and clarify the intent of the conservation easement . He stated that he has prepared a letter which outlines the purpose of the conservation easement according to the Petitioner and provided a copy of said letter to EAC members and Staff . In response to Dr. Snyder, Mr . Dane responded that the purpose of the marshes is to provide diversity of habitat and to provide a buffer for the wetland and upland areas which will preserve these areas. He introduced Mr . Bundy who is their consultant for the marsh creation .-� to answer further questions regarding the spe- cific vegetation. Mr . Bundy, Consultant , stated that more than 15 species of plant material will be used for the marshes. He specified that herbaceous would be the main plant used but also men- tioned pickelweed, sedge, cladium, etc . In response to Dr. Snyder, Mr . Dane explained that the wetland areas stay this way because there is a confining layer between the overlying sand and the underlying cap rock which acts as a conduit . He added that the marsh areas are proposed to be excavated and layered with impervious material tied to the cap rock which is an attempt to duplicate how the wetland areas are formed. He noted that the marsh land will be tied into the Water Management System. Mr . Dane informed that of County jurisdic- tional wetlands, they have 8 . 97 acres and the 2 . 35 acres which is Brazilian Pepper wetlands is what is being proposed to be removed. He Page 9 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 added that less than 5 acres of Cypress will be impacted as well as 1 . 75 acres of Cypress, Pine, and Cabbage Palm and . 10 acre of Willow. For these impacted areas, he reported, 21 acres will be provided for compensation. Ms. Polen commented that this property lies within the watershed of the Rookery Bay Aquatic Preserve and the natural drainage is southwest across the site with ground eleva- tion from 9 feet to 11 feet above mean sea level . She added that the land is mostly of hydric soil and contains wetland areas con- sisting of pine flatwoods with hydric con- ditions as well as cypress, cypress/pine/cabbage palm, two willow heads surrounded by Brazilian pepper and cabbage palm. Ms. Polen questioned if the Petitioner had been requested to reduce the number of units by the Corps to 24 to accommodate more wetland area. Mr . Dane responded that the Corps has never asked that the number of units be reduced and clarified that the number in the Master Plan is 48 . Mr. Worsham commented that of the revised sti- pulations he has no problem with A, F, and G, but would like to see more detail on B, C, and D, and E does not belong. He stated that because this was done at the last minute, he has no comment . Mr . Dane suggested that perhaps clarification of E could be accomplished by having it read like the Comprehensive Plan which is in accor- dance with Chapter 704 .06 of the Florida Statutes but wants to be sure that, later, they are not required to comply with all the items listed in Chapter 704. 06. He suggested language such as in conformance with Chapter 704. 06. Mr. Worsham agreed that dropping the words uses and limitations from item E would be acceptable. Ms. Polen added the other change would be to ^ have the number of units read 48 . Page 10 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 MOTION: Made by Mr. Neale, seconded by Mr. Addison and carried unanimously, to recommend approval of R-90-9 subject to Staff Stipulations dated October 25, 1990 as amended. STIPULATIONS: 1 . The applicant shall be subject to all environmental ordinances in effect at the time of any final development order appro- vals. 2 . Rezone approval does not absolve the applicant from supplying necessary infor- mation as required for subsequent site plan approval ( i . e. wildlife surveys, etc . ) . 3 . In order to avoid unnecessary duplication of effort and continue coordination and cooperation with private, regional , state and federal agencies and organizations, the applicant shall supply all permits, wildlife surveys, jurisdictionals, waivers and information required by the U. S. Army Corps of Engineers (ACOE) , South Florida Water Management District (SFWMD) , and Florida Game and Fresh Water Fish Commission (FGFWFC) prior to approval of any final development order (SDP or construction plans and plat) . 4 . Design of the golf course layout , buildings and associated structures, and infrastructure shall be adjusted to comply with the requirements of the ACOE, SFWMD, and FGFWFC . 5 . The entire site including mitigation areas, except for any approved areas designated for residential (maximum 48 units) , road right-of-way, and golf course ( including clubhouse, maintenance areas, and lakes) shall be recorded on the plat as a conservation easement subject to Chapter 704. 06 of the Florida Statutes. 6 . Petitioner shall be subject to Collier County Comprehensive Plan - Conservation Page 11 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 and Coastal Management Element Policies 6 . 4. 6 and 6 . 4. 7 , Ordinance No. 82-2 as amended by Ordinance No. 89-49, and Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat) . 7 . Minimum separation distance between pro- tected wetlands and marsh/lake excavations shall be two hundred ( 200) feet , unless the marsh/lake areas are controlled at or above the lichen line/watermark elevation of the adjacent wetlands. 8 . Golf course maintenance facilities or any other areas used for storage of hazardous materials shall be covered and designed to contain a minimum of one hundred ten per- cent ( 110%) of the stored volume on an impervious surface . ***** PETITION NO. : R-90-30 FILED BY/FOR: James A. Davis of Coastal Engineering Consultant , Inc . representing Tempustech, Inc . REQUESTING: A zoning change from A-2 to RSF-5 , residential single family housing. REPRESENTED_BY: James Davis of Coastal Engineering Consultant, Inc . COMMENTS: Mr. Davis stated that the subject petition was before the EAC six months ago and at that time the petition was to rezone 1 . 73 acres from A-2 to RMF-6, but since that time the petitioner has decided that single family is a better use and is now requesting RSF-5 . He informed that the petitioner proposes to build six units on the property as shown on the Subdivision Master Plan. Mr . Davis advised that the petitioner agrees to all the Stipulations with the exception to number 5 . He stated that this stipulation seems redundant of number 1 , and added that the petitioner has agreed to give to Collier Page 12 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 County a 25 foot right-of-way which makes the land tight . He questioned what is meant by a natural vegetated buffer. Ms. Burgesson explained that originally it was felt that there should be some sort of buffer between the mangrove fringe and the develop- ment, but was not sure why Stipulation 5 spe- cified 25 feet since the petitioner has changed the original petition to include the additional buffer with the easement . Ms. Polen stated that in creating a buffer around the wetland she used a 15 foot and an average of a 25 foot buffer to give the peti- tioner the flexibility of his plan. She added that on the western edge of the property there is a thicker mangrove growth which she included as buffer. She explained that allowing for a naturally vegetated buffer means to provide the area for the mangroves to expand which will also stabilize the shore- line. Mr. Neale commented that because this is now planned for single family the stipulation requiring a 25 foot buffer does not appear to be enforceable. Mr . Worsham suggested that if the buffer is referenced in the zoning code it could be enforced. Mr . Neale recommended that Stipulation 5 be removed and add to Stipulation 1 that the con- servation easement will be 10 feet landward of top of bank. Ms. Burgesson suggested that this be added as a separate sentence to Stipulation 1 which would state, "Conservation easement shall extend a minimum of 10 feet landward of top of bank. " Dr. Snyder added that he would like to see something planted in this easement . He suggested Stipulation 1 add the words, "A conservation easement of a minimum of 10 feet landward of the top of bank shall be surveyed prior to site plan approval . The petitioner is encouraged to plant vegetation in the con- servation easement . " Page 13 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 MOTION: Made by Mr. Turrell, seconded by Mr. Addison and carried 3/0, (Mr. Neale left meeting prior to motion) , to recommend approval of R-90-30 with Staff Stipulations as amended. STIPULATIONS 1 . Mangrove fringe shall be surveyed prior to final site plan approval and designated as a conservation easement with protective covenants pursuant to Florida Statute 704 .06. A conservation easement of a minimum of 10 feet landward of the top of bank shall be surveyed prior to site plan approval . The petitioner is encouraged to plant vegetation in the conservation ease- ment . 2 . Mangrove fringe shall be protected from impacts during the construction process . Petitioner shall submit protection plan with preliminary site plan submittal . 3 . The location of any water management features shall avoid impacts to mangroves. 4 . Prior to the pre-construction meeting, petitioner shall obtain and submit docu- mentation of all necessary local , state and federal permits. 5 . No net loss of viable wetlands shall occur due to shoreline hardening structures (e.g. , rip-rap, seawalls, etc . ) . 6. Any future proposed boat docks shall be subject to Collier County Project Review Services environmental review, and must be consistent with the Environmental Advisory Council manatee protection guidelines and require approval by the Department of Natural Resources Institute of Marine Mammal Research, St . Petersburg, Florida. 7 . All cabbage palms and associated protected epiphytes shall be retained or transplanted on site. 8 . The petitioner shall be subject to all environmental ordinances in effect at the time of development order approvals. Page 14 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 31 , 1990 9 . Approval shall not absolve the applicant from supplying necessary information as required for subsequent site plan approval ( i .e. protected species surveys, etc. ) . ***** There being no further business, the meeting was adjourned by Order of the Chair. ENVIRONMENTAL ADVISORY COUNCIL Dr . James Snyder Page 15 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE : November 21 , 1990 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT Addison X Burgeson X Brown ABS . Burch X Martin X Polen X Neale X Prynoski X Turrell X Worsham X MINUTES BY: Ellie Hoffman, Deputy Clerk CALLED TO ORDER AT : 8 : 45 A.M. ADJOURNED: 10 : 00 A.M. PRESIDING : Dave Addison, Chairman ADDENDA TO THE AGENDA: Workshop re Eagle Ordinance APPROVAL OF MINUTES : None Page 1 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 ***** ITEM: PROPOSED ADMINISTRATIVE APPROVALS PETITION NO. R-90-35/PU-90-27 FILED BY/FOR: James A. Davis of Coastal Engineering Consultants, Inc. , representing Hospice of Naples, Inc. REQUESTING: A zoning change from A-2 to RMF-6 and a provisional use "f" of RMF-6 for a hospice REPRESENTED BY: Mr . James A. Davis COMMENTS: Dr . Martin voiced concerns with respect to a number of nesting sites on the western edge of the property and questioned whether an inventory has been done to determine the nature of the sites. Mr . James A. Davis of Coastal Engineering Consultants, Inc. , advised that the majority of the site has been cleared, and noted that an aerial shows an excavated lake under a previous provi- sional use. He related that there is a large clearing north of the lake which comprises the majority of the site and a wooded area is located northeast of the project , but noted that he is not certain about the western edge of the property. He advised that no endangered species inventories have been performed. Mr . Davis stated that the majority of the project will be located on the northeast corner of the site, and the western edge of the project will be for water management dry detention. He pointed out that this should alleviate any concerns relative to the red-cockaded woodpeckers, but none have been observed on the site. It was the consensus of the the Council to notify the Florida Game and Fresh Water Fish Commission to advise that the Hospice Facility will be located on this site. ***** PETITION NO. PU-90-24 FILED BY/FOR: Donald A. Pickworth of Asbell , Hains, Doyle & Pickworth, P.A. , representing St . John' s Episcopal Church of Naples, Inc . Page 2 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 REQUESTING: Provisional Use "a" of "E" for a church COMMENTS: Consensus to concur with administrative approval. ***** PETITION NO. R-90-32 FILED BY/FOR: Kim P. Kobza of Lieberfarb, Treiser, Kobza, Leigh & Hagaman, Chartered, representing Wayne Curtis Ashley REQUESTING: A zoning change from C-4 & RMF-12 to PUD "Ashley' s Service Station - Golden Gate" REPRESENTED BY: Kim P. Kobza COMMENTS: Consensus to concur with administrative approval. ***** PETITION NO. PU-90-26 FILED BY/FOR: Dr . Neno J. Spagna of Florida Urban Institute, Inc . , representing Unity Faith Missionary Baptist Church REQUESTING: Provisional Use "a" of Estates zoning for a church REPRESENTED BY: Dr . Neno J. Spagna COMMENTS: Consensus to concur with administrative approval. ***** PETITION NO. PU-90-22 FILED BY/FOR: Richard L. Houghton REQUESTING: Provisional Use 3 (b) of A-1 zoning district for a hunting camp. REPRESENTED BY: Petitioner not present COMMENTS: Mr. Addison called attention to the Third Paragraph under "Considerations" : "It has been determined that the type of waste disposal which was designed Page 3 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 for the additional camp could be in violation of Health and Rehabilitative Services (HRS) require- ments and shall be removed if deemed necessary by the HRS . . . " . He indicated that he has had discussions with the Big Cypress National Preserve and reported that if a waste disposal system is desired, the site will lose its status as a hunting camp. It was the consensus of the Council to continue this petition and revisit this issue when the Petitioner is present. ***** PETITION NO. PU-90-1 FILED BY/FOR: William C. McAnly, P.E. , of William C . McAnly and Assoc. , P.A. , representing College Properties of Southwest Florida, Inc. REQUESTING: Provisional Use "b" of A-2 for Earth Mining REPRESENTED BY: Mr . Sean Abernathie COMMENTS: Mr . Sean Abernathie, of William C . McAnly and Associates, P.A. , stated that the majority of the site has been cleared. He explained that the peti- tioner is attempting to rectify illegal clearing through mitigation of off-site properties. Ms. Prynoski advised that this petition was pre- viously reviewed by Jeff Adair, who is no longer with the County. She advised that the site is cleared and therefore, there was no need to make a site visit to determine this situation. She indi- cated that Mike Kirby has been involved with this project since the illegal clearing took place, and he will address any questions. With respect to mitigation, Ms. Prynoski explained that the petitioner is purchasing 10 acres within the Fakahatchee Strand and he is in the process of deeding the said acreage to The Department of Natural Resources CARL Project . She indicated that she does not feel that this is sufficient mitiga- tion for the amount of illegal clearing which was done. She noted that she cannot change the pre- ,--, viously agreed upon mitigation. Page 4 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 Attorney Tom Hart , representing Oberlin College of Ohio and College Properties of S .W. Florida, stated that the site was a 40 acre excavation and the pro- perty was leased to SeaCon Industries. He noted that the operator (SeaCon) was aware that the college owned the adjacent property, but they started excavation on the adjacent 30 acres. He stated that when his clients discovered what had taken place, they approached the County and advised that they were unaware of what had happened and asked what could be done to rectify what had taken place. He indicated that a request was made at that time for the additional 40 acres. He noted that staff suggested that 10 acres be acquired in the Fakahatchee of Florida, and that would suffice as the mitigation. He related that 3 parcels, totaling 10 acres was purchased and deeded to the State. Environmental Compliance Investigator Kirby announced that he has had discussions with Skip Bergman and Pat Kenney from DER and they walked the site. He reported that they concurred with Collier County taking the lead role in this regard. He indicated that originally, he was working with Mr . Hart relative to a permit modification and the intent was to purchase 10 acres and create a wetland. He noted that Messrs. Adair and Robertson recommended that the purchase of the 10 acres in the Fakahatchee Strand rather than the recreation of the 10 acres. Mr. Turrell declared that he would like to see some type of documentation stating that the State and the Federal Agencies are satisfied. Mr . Neale concurred with Mr . Turrell and suggested that the stipulations include language indicating "subject to approval by FDER and the Corps. " Mr. Hart remarked that he has met with DER and the Corps and noted that he does not understand why the County wants his client to jump through another hoop. Ms. Prynoski advised that in order to obtain final site plan approval or the excavation permit , all the other permits will need to be in hand, and this is another stipulation that would need to be checked off . Page 5 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 MOTION: Made by Mr. Turrell to add an additional stipula- tion: Approval subject to documentation that the applicable State and Federal Agencies have been satisfied. Seconded by Mr. Neale. Carried 4/0. MOTION: Made by Mr. Turrell, seconded by Mr. Neale and Carried 4/0, to recommend approval of Petition PU-90-1 , subject to Staff' s Stipulations and the additional Stipulation as follows: STIPULATIONS: 1 . This project is recommended for provisional use approval only, and does not absolve the applicant from complying with all environmen- tal ordinances in effect at the time of final development order approvals or from supplying necessary information as required for any sub- sequent approval ( i .e. , wildlife surveys, etc . ) . In the event of disagreement between applicant and Project Review Services staff as to environmental stipulations, the Environmental Advisory Council or its suc- cessor body shall make recommendations to the Board of County Commissioners as part of the effected approval process. 2 . Documentation that the ten ( 10) acres (3 par- cels) in the Fakahatchee area owned by College Properties of Southwest Florida, Inc. have been deeded to and accepted by the State of Florida, Department of Natural Resources, Bureau of Land Acquisitions, shall be sub- mitted to Project Review Services prior to the issuance of an excavation permit . 3 . All conditions stipulated by Collier County Compliance Services as a consequence of any past or present violations including any unre- solved tree removal violations shall be satisfied prior to the issuance of an excava- tion permit . 4 . If the resolution of the incursion onto and excavation on the adjacent property to the north includes the filling and grading of said area (approximately 200 ' x 2000 ' ) , the peti- tioner shall re-vegetate the area with native species representative of the previous habi- tat . All three strata shall be planted. Page 6 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 5 . Petitioner shall submit a littoral zone planting plan, to Project Review Services for review and approval prior to excavation permit issuance. 6. Approval subject to documentation that the applicable State and Federal Agencies have been satisfied. ***** PETITION NO. PU-90-14 FILED BY/FOR: Dr. Neno J. Spagna, of Florida Urban Institute Inc . , representing New Hope Ministries, Inc. REQUESTING: Provisional Use "c" of A-2 zoning for a church/related facilities REPRESENTED BY: Dr . Neno J. Spagna COMMENTS: Dr. Neno Spagna explained that the petitioner is petitioning the County for approval of a provi- sional use to construct a church and related faci- lities on the North side of Davis Boulevard, consisting of 20 acres of land. He noted that the vegetated cover consists of mainly slash pines with melaleuca along the northern portion of Davis Boulevard. He indicated that several surveys have been conducted with respect to red-cockaded wood- peckers, and there is one cavity on the eastern boundary of the property. Dr . Spagna reported that he concurs with all stipu- lations as set forth by staff and the applicable agencies. Ms. Burgeson advised that staff has met on site with the petitioner, and Ms. Dryden, of the Florida Game and Fresh Water Fish Commission. She stated that the recommended stipulations are based on staff ' s review and those of the Game and Fresh Water Fish Commission. She indicated that staff is recommending approval of this project , subject to the stipulations as reflected in the Staff Report . MOTION: Made by Mr. Neale, seconded by Mr. Turrell and carried 4/0, to recommend approval of Petition PU-90-14, subject to Staff's Stipulations as follows: Page 7 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 STIPULATIONS 1 . The applicant shall be subject to all environ- mental ordinances in effect at the time of development order approvals. 2 . Provisional Use approval does not absolve the applicant from supplying necessary information as required for subsequent site plan approval ( i .e. , wildlife surveys, etc . ) . 3 . The layout of the church and related facili- ties (structures, infrastructure and parking) shall be adjusted to comply with the recom- mendations of Florida Game and Fresh Water Fish Commission as follows: a. Re-site the parking areas in the southeast project corner and along the eastern property boundary to allow maxi- mum tree preservation. This will accom- modate observed foraging behavior of red-cockaded woodpeckers accessing the site from the east . b. Re-site the gymnasium and multi-purpose building into areas invaded by melaleuca in the central portion of the site. 4 . The following comments from Florida Game and Fresh Water Fish Commission, shall be complied with: regarding habitat protection, a. We recommend preservation of existing pines on site in lieu of planting live oaks along the southern property boun- dary. Research on red-cockaded wood- peckers indicates a preference for open pine mid-stories and an aversion to hard- wood sub-canopy. Landscaping on site should be primarily existing slash pine. b. Additional tree protection should be effected in the proposed grass parking lot areas by adoption of stringent tree protection efforts (barricading, restric- tions on fill, etc . ) during project construction. Page 8 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 c . We recommend development of a red- cockaded woodpecker habitat management plan which will maintain and improve the quality of the habitat on site. d. The habitat set aside for red-cockaded woodpecker foraging habitat must be designated as a preserve or conservation area with restrictions pursuant to Chapter 704 .06 Florida Statutes and which requires the conservation area to be maintained exotic free. ***** PETITION NO. PDA-89-16 FILED BY/FOR: Barbara Henderson Cawley of Wilson, Miller, Barton, & Peek, Inc . , representing Amnon Golan REQUESTING: A PUD amendment to Orangetree REPRESENTED BY: Barbara Henderson Cawley COMMENTS: Mrs. Cawley stated that the Orangetree PUD is located on Immokalee Road, approximately 8 miles east of I-75 . She reported that this PUD was approved in 1983 and revised in 1986 to allow cer- tain uses. She indicated that one of the uses is a golf course and in order to have this on the pro- perty, it is necessary to amend the PUD to update the Master Plan to show the golf course and to revise the tables showing the difference in the acreage that will be used for the various uses. She noted that another minor amendment to the PUD document is the change in the size of the R-1 lots from 1 acre to . 5 acre lots. Mrs. Cawley advised that staff has visited the site, and noted that the only area of environmental consequence is the southeast corner of the property which does have some pine trees and isolated cypress wetlands. She reported that the South Florida Water Management jurisdiction located these isolated pods of wetlands and they are also included in the Master Plan with the larger pods designated as conservation preservation areas. In answer to Mr. Addison, Mrs. Cawley replied that .-� the number of units has not changed. She noted Page 9 ill ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 that some of the other residential lots will be 60 ' x 120 ' . In answer to Dr. Martin, Mrs. Cawley remarked that the primary discussion relative to the utilities is the timing of the transfer to the County. She indicated that the owner would like to maintain ownership of the site and the utilities until the year 2010 so that he can obtain his bonding, but noted that the County is recommending the year 2000 . She stated that attempts are being made to work out a compromise. Dr. Martin indicated that oleanders are planted on the existing park facility and noted that these are known to produce toxins and could be a hazard to the youngsters. He expressed that the designer of the park and school areas should be encouraged to use something less impacting. Mrs. Cawley advised that the school site has been donated to the school , and they will landscape as they deem appropriate, but affirmed that she will forward this concern to the property owner . MOTION: Made by Mr. Turrell, seconded by Mr. Neale and carried 4/0 to recommend approval of Petition PDA-89-16, subject to Staff's Stipulations as follows: STIPULATIONS 1 . This project is recommended for PDA approval only. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals unless specifi- cally exempted or modified by PDA-89-16 or PUD Ordinance No. 87-13 . 2 . Protected plant and animal species surveys as per the requirements of Policies 7 . 3 . 4, 7 . 3 . 6 and 7 . 3 . 8 of the Conservation and Coastal Management Element of the Growth Management Plan shall be required for all separate and additional site plans submitted to Collier County for approval . If protected species surveys are over two ( 2 ) years old, a new sur- vey shall be required. 3 . Wetlands shall be flagged by the petitioner, to include Collier County jurisdictional Page 10 it ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 lines, and shall be field verified by Collier County Project Review Services Environmental Staff prior to and as part of the (SDP) sub- mittal . Said approved wetland boundary shall be indicated on final site plan. j 4 . All proposed mitigation for impacts to Collier County jurisdictional wetlands shall comply with the ratios and requirements of Appendix 7 of the South Florida Water Management District rules. Mitigation areas shall be surveyed prior to final (site plan) approval and designated as a conservation easement and/or tract with protective covenants pursuant to Florida Statutes, Chapter 704 . 06. 5 . Plans for any required State and Federal wetland mitigation shall be submitted to Project Review Services, Environmental Staff , for review and incorporation into the final site plan. 6 . A minimum separation distance between pro- tected wetlands and proposed lake(s) shall be two hundred ( 200) feet unless adjacent lakes are controlled at the lichen line/water marks of the affected wetlands. Any deviation from the 200 feet separation distance shall require South Florida Water Management District appro- val . 7 . In the event active, protected species' nests or burrows and/or foraging habitat are encoun- tered prior to or during construction activi- ties, construction activities shall cease and Collier County Project Review Services, Environmental Staff shall be notified imme- diately. Project designs may be adjusted, if warranted. 8 . Protected plant species sighted prior to or during construction shall be protected from injury and/or relocated on site, preferably to preserve or landscape areas. 9. Petitioner shall be subject to Development Standards and Environmental stipulations in Ordinance No. 87-13 , unless amended by PDA-89-16. Page 11 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 21 , 1990 ***** ITEM: Discussion of the Eagle Ordinance took place after the meeting adjourned. ***** There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COUNCIL David Addison, Chairman Page 12 PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 1/16/1991 Petition: PU-90-30: Robert L. Duane, AICP of Hole, Montes & Associates, Inc. , representing Florida Rock Industries; requesting a provisional use "o" or A-2 zoning district for a portable asphalt plant. Considerations: Subject site is located on the north side of Naples-Immokalee Road, east of CR 951 in Section 23 , Township 48 South, Range 26 East. The site is adjacent to the Florida Rock Industries's quarry. Subject site is eighty (80) acres. The portable asphalt plant has yet to be purchased, but petitioner informs Staff that the standard size is 4000 square feet. The plant will be situated in a cleared area that is graded and firmly packed down with gravel. Access is by an existing gravel road. No clearing is proposed. A site visit was made on January 3 , 1991 by John D. Lee, Planner of Hole, Montes & Associates and Barbara N. Prynoski, Environmental Specialist II of Collier County Project Review Services. No wildlife concerns were evident in the area of proposed impact. Concerns are primarily air pollution and water quality. Recommendations: In consideration of the above, Staff recommends administrative approval of petition PU-90-30 subject to the following stipulations: 1. Prior to final site development plan (SDP) submittal, petitioner shall submit air and water quality monitoring plans to Collier County Environmental Services Division, Pollution Control Department, for review, comment and approval. Said plans shall then be submitted to Project Review Services for incorporation into the approved final SDP. PREPARED BY: ',---//, /; DATE: 4/0P7/ ' BARBARA N PRYNOSKI ENVIRONMENTAL SP CIALIST II REVIEWED BY: 577, Illo / DATE: //3J5/ ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST • REVIEWED BY: ,! ,, / _ DATE: /3/1/ OHN F. MADA 4:WSKI, P. E. 11'ROJECT REVI ' SERVICES MANAGER PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 1/16/1991 Petition: R-90-36: Harvey Strauss, P. E. of Alpha Engineering of Lee County, Inc. , representing John D. Jassy, Trustee; requesting a zoning change from A-2 to PUD "Saddlebrook". Considerations: The petitioner requests a zoning charge from A-2 to PUD for affordable housing. The subject property is located on the north side of the intersection of Radio Road and Davis Boulevard. The parcel consists of 33.79 acres, extending north from Davis Blvd. to I-75. Adjacent zoning is A-2 to the east and C-2, RMF-12, RMF-6, RSF-4 and RO zoning to the west. The property consists of 18.1 acres of wetlands and 15.7 acres of upland. Staff has requested the 3.2 acre wet prairie and .3 acre bay head wetland be preserved as wetland acreage which the County can claim jurisdiction. The petitioner has requested placing a lake partially within the wet prairie and has offered adequate mitigation through upland compensation. The petitioner is retaining 8.9 acres of upland habitat for potential red-cockaded woodpecker foraging habitat and as mitigation for the intrusion into the preserved wetland area. Total preserved area is 11.44 acres, or 33.86% of the site. No protected wildlife species were observed on-site. The foraging habitat provided for at the north and northwest edge of the property provides for red cockaded woodpecker flight path and potential foraging habitat for birds in the vicinity. Recommendations: Considering the above, Staff recommends approval of petition R-90-36 with the following stipulations: 1. The preserve areas shall be surveyed and shown on the final recorded plat, and dedicated with protective covenants to maintain the areas in their natural pre-development state. - Staff Report R-90-36 EAC Meeting 1/16/1991 Page 2 2 . The master plan shall show the 3 . 2 acres of wetland to be preserved and the 8.9 acres of upland to be preserved as referenced in the Environmental Impact Statement provided by Mr. Geza Wass De Czege dated 10/17/90. 3 . The petitioner shall rewrite Section VI to remove conflicts of use in the preserve areas which according to Section 8. 10.H are to be maintained in their natural pre-development state. (Areas of upland compensation are included in the preserve area. ) PREPARED BY: '3dA642.4 4 _ u4 DATE: ,/y/g// BARBARA S. JR ESON ENVIRONMENTAL SPECIALIST I LiREVIEWED BY: 1�1_. DATE: /L//7l 'ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST ' TV elAte'"DAT '7 �I/ REVIEWED BY: � / OHN F. MADAJ"° SKI, P. E. ,'PROJECT REVIEW SERVICES MANAGER PROJECT REVIEW SERVICES (Environmental Review) REVISED STAFF REPORT FOR EAC MEETING 1/16/1991 Petition: R-90-37: George L. Varnadoe, Esquire of Young, van Assenderp, Varnadoe and Benton, P. A. , representing Antaramian Development Corporation; requesting a zoning change from PUD and RT to PUD "Point Marco" . Considerations: Petitioner requests a zoning change from PUD and RT to PUD for the development of 784 multi-family units, related amenities, and beach parking for Marco Island residents. The property is bounded on the south by Caxambas Pass, on the west by the Gulf of Mexico, on the north by RT zoning, and on the east by RMF-16 zoning. South Collier Blvd. divides the site into two parcels. The site is vegetated by a variety of grasses with widely scattered sabal palms (Sabal palmetto) and sea grape (Coccoloba uvifera) . An existing seawall fronts Caxambas Pass and most of the Gulf of Mexico border. No structure is proposed seaward of the Coastal Construction Setback Line (CCSL) . Recommendations: Due to the limited environmental impact to the site, Staff recommends approval of petition R-90-37 . It should be noted that the proposal to restrict parking to Marco Island residents is contrary to the Collier County Growth Management Plan - Conservation and Coastal Management Element Policy 11.2 .4, which requires public parking to be provided for all public beach access. However, a provision in the special warranty deed * granting a twenty (20) foot wide public beach access to Collier County states that the access will revert back to the grantor if a public parking facility is constructed nearby. * (Official Record Book 1163 , Pages 001358 - 001359) PREPARED BY: DATE:ix 1 9/ F' i Reischl Environmental Specialist I LREVIEWED BY: a,c_D, DATE: / /9 /9/ ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: A / DATE: /(//q./ OHN F. MAD• EWSKI, P. E. PROJECT REVIEW SERVICES MANAGER ....7;:ze7 ,t.,,:// ,,.. ,„,...i --1/10 iii c77 e/t/6-4.- a71- - , -'. • • 4fit. 1 i CATALANO, FISHER, GREGORY & GROWN CHARTERED ATTORNEYS AT LAW ANTHONY J. CATALANO #OO'"'i2/mu.C""'"-"- "laled OF COUNSEL A.ALSTON FISHER,JR. /� LC �rjr�4(O �'��c MARK V. SILVERIO C.NEIL GREGORY ✓� el HOWARD L. CROWN (813) 262-8000 LYNN F. CHANDLER TELECOPIER (813) 262-4372 January 4, 1991ALLEIVE _f Ronald F. Nino, Project Planner r VIA HAND DELIVERY Development Services Department Community Development Division1 Collier County Government 2800 N. Horseshoe Drive 21..ANW ,ii0Er; Naples, FL 33942-6917 Re: R-90-31/Bill Piper Memorial Public Golf Course Dear Mr. Nino: Please be advised that our law firm has been retained by Mrs. Myrtle I. Piper to represent her concerning her real property located in Sections 17, 18, 19 and 20, Township 48 South, Range 27 East, Collier County, Florida, which is the subject matter of the Planned Unit Development request with Collier Golf Authority as the applicant, naming William C. McAnly as the agent. On January 4, 1991, we had a meeting with representatives of the Collier Golf Authority concerning Mrs. Piper's donation of 160 acres for the Bill Piper Memorial Public Golf Course which is the subject matter of the above-mentioned P.U.D. application. Unfortunately, as a direct result of the outcome of the meeting with representatives of the Collier Golf Authority, Mrs. Piper, as the owner of the property which is the subject matter of the above-mentioned P.U.D. appli- cation, hereby finds it necessary to terminate the power of attorney granted to William McAnly on said application dated August 27, 1990 and respectfully requests the withdrawal of said application and the cancellation of the hearings scheduled for January 8, January 17 and February 22, 1991. Thank you for your kind attention and cooperation in this matter. Very truly yours, 'E Anthony J. Catalano JAN 11 1991 AJC:mjj Project KevieW Services Environmental cc: William C. McAnly Arnold Glass Mrs. Myrtle I. Piper _ Daniel D. Peck, Esq. 7/77 c Wes Williams Jack Breeden rye I. Piper iIr PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 1/16/1991 Petition: R-90-31: William C. McAnly of William C. McAnly and Associates, P. A. , representing Collier Golf Authority; requesting a zoning change from A-1MH to PUD, "Bill Piper Memorial Public Golf Course PUD" . Considerations: Subject property is located on CR 846 in Sections 19 and 20, Township 48 South, Range 27 East, approximately three (3) miles east of CR 951. The site is 640 acres, south of the Corkscrew Regional Ecosystem Watershed area of Bird Rookery Swamp. Historically, the Section 20 was a cypress dominated wetland system. Frontage is along the Cocohatchee Canal that parallels the north side of Naples-Immokalee Road (CR 846) . Present use is pasture/livestock. Petitioner proposes a single family residential development (maximum 128 single family units) with recreational amenities, including an 18 hole golf course and clubhouse facility. Reader is referred to the enclosed Natural Resources Inventory and Assessment (dated 1/90) pp. 1-3 for a vegetation description. The author of said assessment, Raymond Link, recommends preservation of the cypress/palm communities along with the restoration of their historic hydroperiod to facilitate the re-establishment of the wetland understory flora. Staff agrees with this recommendation for the reason stated by Mr. Link, as well as for: a) the areas are Collier County, Army Corps of Engineers and State jurisdictional wetlands, b) water quality and retention functions, c) wildlife habitat. Staff also agrees with Mr. Link's recommendation that the cabbage palm stands and scattered individuals as well as oaks should be incorporated into the site landscaping. This can be accomplished by retention in place or by transplanting. Clusters of mature trees can be utilized to satisfy buffer and open space requirements. The petitioner's Environmental Impact Statement has not been accepted for sufficiency. Two major areas that need to be addressed are archaeological and a protected fauna species survey has not been submitted. Ed Carlson, National Audubon Corkscrew Swamp Sanctuary Manager, related to Staff on August 9 , 1990 that he has observed "intense" activity by woodstorks (Mycteria americana) , a federally and state listed endangered Staff Report R-90-31 EAC Meeting 1/16/1991 Page 2 species, as well as other wading birds. He has offered to assist the petitioner, gratis, in designing a lake for wading bird habitat. It would involve creating an uneven littoral shelf to allow for "ponding" of fish, and aquatic invertebrates. Ed Carlson also related observing Florida black bear (Ursus americanus floridanus) , a species listed as threatened by the Florida Game and Fresh Water Fish Commission (FGFWFC) . A site visit by Dwight Nadeau of William C. McAnly and Associates, July Adarmes, Engineer II, and Barbara N. Prynoski, Environmental Specialist II of Collier County Project Review Services was made on August 13 , 1990. A bald eagle (Haliaeetus leucocephalus) was observed perched. No nest was observed. Petitioner has agreed to: (a) complete a wildlife assessment as required by the Collier County Growth Management Plan - Conservation and Coastal Management Element Policy 7 . 3 . 6 and (b) discuss with Mr. Ed Carlson, lake design for wildlife habitat. - Golf courses utilize large amounts of water. Staff has recommended that landscaping incorporate the on-site native vegetation and xeriscaping. The petitioner has agreed to consider xeriscaping, but has made no commitments as of this date. Please note the Collier County Growth Management Plan - Conservation and Coastal Management Element Objective 4 . 2 Objective 4 . 2 The County will promote conservation of its water supply and by January 1, 1991, develop a comprehensive conservation strategy which will identify specific goals for reducing per capita potable water consumption. Policy 4 . 2 . 6 By December 31, 1989 , develop a public information program and adopt a resolution promoting the use of plants native to southwestern Florida in all landscaping and promote the "xeriscape" concept as defined by the South Florida Water Management District. Recommendations: Considering the above, Staff recommends approval of petition R-90-31 with the following stipulations: 1. All Collier County wetlands shall be surveyed prior to final Subdivision Master Plan approval and designated as conservation easements. Protective covenants shall be according to Florida Statute Chapter 704 . 06. Final site plan shall indicate said wetlands as conservation Staff Report R-90-31 EAC Meeting 1/16/1991 Page 3 easements and indicate under "Notes" on site plan that the referenced conservation easement is recorded in the Public Records of Collier County. No single-family lots shall encroach into said conservation areas. If any subsequent changes to said petition's acreage of preserve and/or, conservation areas are proposed, R-90-31 shall present proposed changes to Project Review Services, Environmental Staff, and the Environmental Advisory Council or the environmental board/council in place at time of proposed change for review and approval. 2 . A minimum separation distance between protected wetlands and proposed lake(s) shall be two hundred (200) feet unless soil or other data such as lichen lines, water marks, etc. , clearly show that water table elevations in the wetlands will not be adversely affected, or if the control elevation of adjacent lakes is set to correspond to the elevations of the referenced biological indicators. 3 . Control elevation(s) shall be established at the lichen line/watermark or other biological indication of the average seasonal high water elevation of the nearest wetland. 4 . A protected fauna species survey, to include at a minimum species of special status that are known to inhabit biological communities similar to those existing on site, shall be conducted in accordance with the requirements of the Florida Game and Freshwater Fish Commission prior to Subdivision Master Plan submittal. The site plan may require adjustment. 5. Petitioner shall document the presence of or absence of archaeological areas on the subject property. Statements by a recognized authority and/or documentation from resources such as the State of Florida Bureau of Historic Preservation, Tallahassee, Florida, will be accepted. 6. If cart paths through the conservation areas are proposed, said paths shall be elevated on a wooden boardwalk. Said path(s) shall meander to avoid the clearing of any protected trees and shall be approved by Collier County Project Review Services Environmental Staff. Staff Report R-90-31 EAC Meeting 1/16/1991 Page 4 7 . Live oaks greater than 4" diameter breast height shall be retained in place or transplanted on site. Cabbage palm stands shall be incorporated into the project landscape design or transplanted on site. Transplanted live oaks and cabbage palms shall be relocated to supplement the required 25 ft. natural vegetation wetland buffers, or to other approved areas. 8 . As per the Environmental Impact Statement, one or more of the proposed lakes shall be designed as wading bird habitat. 9 . In the event active, protected species' nests or burrows and/or foraging habitat are encountered prior to or during construction activities, construction activities shall cease and Collier County Project Review Services Environmental Staff shall be notified immediately. Project designs may be adjusted, if warranted. 10. Protected plant species sighted prior to or during - construction shall be protected from injury and/or relocated on-site, to preserve buffers or landscape areas. 1 PREPARED BY: �1- 1/•/ fikJJiL��jz, DATE: //.��f/ BARBARA N. P1YNOSKI ENVIRONMENTAL SP IALIST II f REVIEWED BY: s.L . , At -ci ,, DATE: //-3/91 ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST 11 REVIEWED BY: I � DATE: .j �I 11 JOHN F. MADA EWSKI, P. E. PROJECT REVIEW SERVICES MANAGER Staff Reports, R-90-31, ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 1/16/1991 Petition: R-90-20/DRI-90-1/SMP-90-37: Gary S. Derck of Edward D. Stone, Jr. & Associates, representing Collier Development Corporation; requesting a zoning change from A-2 & PUD to PUD, "Collier Tract 22" and Frederick T. Barber & Dominick J. Amico of Agnoli, Barber & Brundage, Inc. , representing Collier Development Corp. ; requesting a Subdivision Master Plan approval for "Cocohatchee Cove". Considerations: The applicant seeks to rezone 445.6 ± acres of A-2 and A-2 (ST) , 31.9 ± acres of Sandridge Commercial PUD and 30.0 ± acres of Collier Health Center PUD (Zone A only) to a mixed use PUD, known as Collier Tract 22 PUD. The proposed Collier Tract 22 PUD consolidated all lands documented in the Collier Tract 22 DRI-ADA under one PUD thereby replacing the approved Sandridge Commercial PUD (Ordinance 89-28) and replacing Zone A of the approved Collier Health Center PUD (Ordinance 88-40) . The ± 508.4 acre parcel is located in the northeastern corner of the US 41 and Immokalee Road (CR 846) intersection. The parcel is bordered on the north by an undeveloped A-2 parcel (175 ft. x 1200 ft. ) and a residential multi-family/golf course community (Imperial) . The parcel is bordered on the south by undeveloped agriculturally zoned land and industrial parcels. West and east of the parcel there are mostly undeveloped agriculturally zoned land and residential parcels with some commercial, estates and residential tourist parcels. This project lies within the watershed of the Hickory Bay System. The Cocohatchee River which approximately bisects the projects flows in an east to west direction. The river is controlled by tidal influence. Along the north property line of the project a small tributary to the river flows in an east to west direction. Within the southeast corner of the north half of the site another smaller tributary flows through the site from off site eventually discharging to the river. Two borrow pits are located in the southwest corner of the site. These pits were constructed by FDOT during US 41 construction. The smaller southern most pit has no apparent outfall and the larger northern pit outfalls directly to the river via a ditch which is located adjacent to and east of the existing Cocohatchee Estates. An abandoned Seaboard Coastline railroad right-of-way is located on the east property line of the south half of the project across the river extending to the north property Staff Report R-90-20/SMP-90-37 EAC Meeting 1/16/1991 Page 2 line. The right-of-way includes a railroad bed with borrow ditches on either side. The ditches north of the river are a drainage influence since they discharge to the river. Located to the west to the railroad right-of-way and running approximately parallel is an existing FP&L transmission line easement. This consists of the transmission poles with a raised path and borrow ditches on either side. An outfall is located south of the river on the east side of the easement. This is the Pine Ridge Canal outfall to the river. A willow head ( approximately 7.0± acres) is located along the south property line just west of the FP & L easement. This wetland discharges offsite to a ditch on the south side of Immokalee Road that flows towards the east. Its next discharge point is the ditch near the FP&L easement downstream of the amil gates on the Pine Ridge Canal. Ground elevations within the project site range from ±0 to ±12 feet above mean sea level. The soil types on this project site range from fine sands, like Immokalee, Myakka, Pomello, Basinger and Satellite, thru various depressional and complex soils to mucks, like Durban and Wulfert. Approximately sixty percent (60%) of the site contains zeric scrub which consists of Oak (Quercus spp. ) , Pine (Pinus elliottii) , saw palmetto (Serenoa repens) , gallberry (Ilex ctlabra) , pawpaw (Asimina reticulata) , prickly pear cactus (Opuntia slap. ) , gopher apple (Chrysobalanus oblongiformis) and spike moss (Selaginella spp. ) . Approximately fifteen percent (15%) of the site contains pine flatwoods which consists of pine, saw palmetto, gallberry, cabbage palm (Sabal palmetto) , wax mytrle (Myrica cerifera) , broomsedge (Andropogon virginicus) , wiregrass (Aristida stricta) and yellow star grass (Aletris lutea) . Approximately seventeen percent (17%) of the site contains wetland areas which consists of mangrove swamps, saltwater and freshwater marshes, wet prairies, streams and waterways, borrow pits and ditches. At this time a total of eight (8) plant species listed by the Department of Agriculture as "Threatened" have been encountered on site. They are the following: 1) giant leather fern (Achrostichum danaefolium) ; 2) shoestring (Vittaria lineata) ; 3) catesby lily (Lilium catesbael) ; 4) butterfly orchid (Encyclia tampensis) ; 5) twisted wild pine (Tillandsia flexuosa) ; 6) (T. circinata) ; 7) (T. balbsiana) ; and 8) golden polypody (Phlebodium aurteum) . Staff Report R-90-20/SMP-90-37 EAC Meeting 1/16/1991 Page 3 The uplands and wetlands on this site represent important habitat for wildlife species. Protected species such as gopher tortoise (Gopherus polyphemus) , bald eagle (Haliaeetus leucocephalus) , wood stork (Mycteria americana) , osprey (Pandion haliaetus) , tricolor heron (Egretta tricolor) , and snowy egret (Egretta thula) have been observed on this site. There are at least two known archaeological sites that have been recorded in the Florida Master Site File through the Division of Historical Resources - Florida Department of State. Piper Archaeological Research, Inc. conducted a field survey of the project and discovered one previously unrecorded historic site. The historic site consists of a small area of historic period refuse including bottle fragments and ceramics dating to the early 20th century. Recommendations: Staff recommends approval of petition R-90-20/SMP-90-37 with the following stipulations: 1. All stipulations and approvals refer to the revised 12-21-90 Collier Tract 22 Subdivision Master Plan and are subject to any and all revisions resulting from the environmental stipulations within this document. 2 . At least eighty (80) acres of wetland preserves and fifty (50) acres of upland preserves shall be recorded on the plat as preserve/conservation tracts subject to Chapter 704. 06 of the Florida Statutes. Location and configuration of wetland and upland preserves shall be subject to review and approval by Collier County Project Review Environmental Staff. 3 . All mitigation areas shall be recorded on the plat as preserve/conservation easements subject to Chapter 704 . 06 of the Florida Statutes. 4 . In order to avoid unnecessary duplication of effort and continue coordination and cooperation with private, regional, state, and federal agencies and organizations, the applicant shall supply all appropriate wildlife surveys, authorized jurisdictionals, waivers, and information required by the U.S. Army Corps of Engineers (ACOE) , South Florida Water Management District (SFWMD) , and Florida Game and Fresh Water Fish Commission (FGFWFC) prior to an approval of any final development order. 5. Design of the golf course layout, buildings and associated structures, and infrastructure shall be adjusted to comply with the requirements of the ACOE, SFWMD, and FGFWFC. Staff Report R-90-20/SMP-90-37 EAC Meeting 1/16/1991 Page 4 6. Minimum separation distance between protected wetlands and marsh/lake excavations shall be two hundred (200) feet, unless the marsh/lake areas are controlled at or above the lichen line/watermark elevation of the adjacent wetlands. 7 . If it is absolutely necessary for golf cart paths to cross through wetland and upland preserves, construction designs, pathway widths and alignments shall be subject to review and approval by the Project Review Services Environmental Staff. 8 . Petitioner and the Project Review Services Environmental Staff shall cooperate on the final layout of the golf course so as to insure maximum amounts of native vegeta- tion shall be left as buffers. 9 . According to the Collier County Comprehensive Plan - Conservation and Coastal Management Element Policy 12 . 1.2 , archaeological resources shall be protected, preserved or utilized in a manner that will allow their continued existence. Conservation techniques shall include at a minimum: 1) verifying and indicating the two recorded archaeological sites on the construction plans and plat; 2) utilize the two sites to satisfy required setbacks, buffer strips, or open space; and 3) record on the plat the two sites as preserve/conservation ease- ments subject to Chapter 704 . 06 of the Florida Statutes. 10. The site plan shall be adjusted as necessary to provide xeric scrub preserve areas for gopher tortoise relocation. These preserves must be plated as described in stipulations one and two and may be counted towards the required twenty-five percent (25%) retained native vegetation, the required fifty plus (50+) acre upland preserve and/or for upland compensation for wetland impacts. PREPARED BY: (` . r , V ;- , DATE: //3`f l KIMBERLY J. POLEN�t ;5- ENVIRONMENTAL SPEC ALIST II REVIEWED BY: F�-C. A)t Ca DATE: f /3b r ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST 5/46 REVIEWED BY: ,A, ' DATE: /7/1/F/ 41-IN F. MADA.EWSKI, P. E. PROJECT REVIEW SERVICES MANAGER