The URL can be used to link to this page

EAC Agenda 03/20/1991 ENVIRONMENTAL ADVISORY COUNCIL AGENDA MARCH 20, 1991 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL V. OLD BUSINESS A. RECONSIDERATION - PDA-90-11: Alan D. Reynolds, AICP of Wilson, Miller, Barton & Peek, Inc. , representing Lely Development Corporation, Inc. ; requesting a PUD Amendment to "Lely A Resort Community" to add Welcome Centers. B. EAB Review Criteria VI . PUBLIC HEARINGS A. CONTINUED FROM 12/19/90 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" . B. R-91-3/SMP-91-4 : Hassan Kamal of B. S. E. Consultants, Inc. , representing Caruscan of America, Inc. ; requesting a zoning change from RMF-12 to RSF-4 and subdivision master plan approval for "Lakeside at Victoria Park" . C. R-90-26: Alan D. Reynolds of Wilson, Miller, Barton & Peek, Inc. , representing Henk Morelisse, Jr, of Dynabel Investments, Ltd. ; requesting a zoning change from A-2 & A-2 ST to PUD "Dynabel" . VII. NEW BUSINESS VIII . DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify PROJECT REVIEW SERVICES (Environmental Staff) (643-8470) no later than 5 P.M. on Monday March 18, 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. ********** *********** ********** ************************************************************* -3- it l'R MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: February 20 , 1991 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT Martin X Prynoski X Brown X Burgeson X Turrell ABS Madajewski X Addison ABS Neale X MINUTES BY: Debby Farris, Deputy Clerk CALLED TO ORDER AT : 9 : 05 A.M. ADJOURNED: 9 : 50 A.M. PRESIDING : Patrick Neale ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES : December 19, 1990 Page 1 it ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 20, 1991 ***** ITEM: APPROVAL OF MINUTES MOTION: Made by Mr. Brown to approve the Minutes of December 19, 1990 . Seconded by Mr. Neale. Carried 3/0. ***** ITEM: PROPOSED ADMINISTRATIVE APPROVAL PETITION NO. R-90-25 REVISED FILED BY/FOR: Michael H. Marcus of Morris-Depew Assoc . , Inc . , representing Desha N. Sanders, Jr . , Trustee REQUESTING: A zoning change from RSF-4 to PUD "Sanders Retail Center" for retail shopping center/business offices REPRESENTED BY: Michael H. Marcus COMMENTS : Ms. Prynoski explained that this was merely a change in a zoning request to PUD and that the stipulations would remain the same. Consensus to concur with administrative approval ***** PETITION NO. PDA-91-1 FILED BY/FOR: Ronald L . Hurt of Anchor/American Engineering, representing William T. Higgs, President , Coast Communities Corporation REQUESTING: A PUD Amendment to "Berkshire Lakes" REPRESENTED BY: Ronald L . Hurt COMMENTS: Consensus to concur with administrative approval ***** ITEM: OLD BUSINESS EAB Review Criteria - discussion. Page 2 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 20, 1991 COMMENTS: Regarding the EAC Review Criteria, Mr . Madajewski commented that the criteria, as presented today, is acceptable to WMAB. He indicated this cri- teria would be added as the scope for what the EAC would review in Petitions and that he would proceed to draft the appropriate Ordinance should the Board approve same today. Consensus to concur with EAB criteria as presented ITEM: PUBLIC HEARINGS PETITION NO. R-91-1 FILED BY/FOR: William R. Vines of Vines & Associates, Inc . representing Citizens & Southern Trust Company (Florida) N.A. REQUESTING: A zoning change from A-2 to PUD "Northbrook Plaza" REPRESENTED BY: William R. Vines COMMENTS: Mr . Vines indicated there is no objections to ..... .... ... . . ..... any of the staff stipulations. MOTION: Made by Mr. Brown that Petition R-91-1 be approved subject to Staff ' s stipulations. Seconded by Mr. Neale. Carried 3/0. STIPULATIONS : 1 . A protected species survey, specifically for gopher tortoises (Gopherus polyphemus) , shall be conducted in accordance with the require- ments of the Florida Game and Fresh Water Fish Commission within six (6) months or less of Site Plan or Subdivision Master Plan (SMP) submittal . 2 . This project is recommended for rezoning only. Applicant shall be subject to all environmen- tal ordinances in effect at the time of Site Plan/Subdivision Master Plan approvals . 3 . Wetlands shall be flagged by the petitioner, to include Collier County jurisdictional Page 3 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 20, 1991 lines, and shall be field verified by Collier County Project Review Services Environmental Staff prior to and as part of the Site Plan/Subdivision Master Plan approval . Said approved wetland boundary shall be indicated on the SMP and final site plan/construction plan. 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/construction plan) approval and designated as a conservation easement and/or tract with protective cove- nants pursuant to Florida Statutes, Chapter 704 . 06 . 5 . An exotic removal , monitoring, and maintenance (exotic-free) plan for the site shall be sub- mitted to Project Review Services, Environmental Staff for review and approval prior to final site plan/construction plan approval . ***** PETITION NO. PDA-90-11 FILED BY/FOR: Alan D. Reynolds, AICP of Wilson, Miller, Barton & Peek, Inc . , representing Lely Development Corporation, Inc. REQUESTING: A PUD Amendment to "Lely A Resort Community" to add Welcome Centers REPRESENTED BY: Alan D. Reynolds COMMENTS: Mr . Reynolds expressed his opinion that the sti- pulations imposed by Staff bears no relationship to his Petition and, in fact, is contrary to or superseded by other processes. Thus, he requested the stipulations be eliminated. Mr . Madajewski countered that legislative direc- tion from the County Attorney' s Office dictated that , upon opening of a PUD by the applicant , it reopens all issues on the PUD. He indicated Page 4 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 20, 1991 there are two issues needing to be addressed on the PUD document dealing with environmental and water management review and the stipulations were prepared in an attempt to clarify the manner in which these are to be addressed, thereby reducing time frames and eliminating confusion. Mr . Reynolds questioned the existence of any legislature or Ordinance allowing the reopening of issues on a PUD and, thus, also questioned the jurisdiction of this Council to hear this issue. Mr . Brown voiced his opinion that Mr . Reynolds is incorrect . He stated that once Mr . Reynolds has opened the PUD, the entire document is open to scrutiny, thus allowing Staff to further scru- tinize it . Mr. Reynolds expressed concern with the wording of Stipulation #1 . He illustrated this by a hypothetical scenario of wanting to do something in the water management facilities that enhances the hydroperiod in the wetland thereby reducing the potential for exotic vegetation to continue to occupy the wetland, and then questioned the effect of the Stipulation, as proposed. He questioned Stipulation #2 wherein it states, No jurisdictional wetlands can be included within the Red Cockaded Woodpecker habitat pre- serve areas. " He said they have already iden- tified a jurisdictional wetland that , in fact , can be used for habitat by these Woodpeckers. Mr . Neale suggested that Stipulation #1 could possibly be changed to read " . . . . subject to further review by Collier County Project Review Environmental Staff during the appropriate review processes to insure that water management facilities do not degrade or negati- j vely alter the vegetation or hydroperiod of the cypress preserve areas" . He indicated Stipulation #2 would read "Habitat preservation (RCW) effected as a result of the RCW Management Plan shall be in perpetuity unless otherwise mitigated on a regional basis and approved by the appropriate state and/or federal agencies. No jurisdictional wetlands can be included within the RCW habitat preserve areas unless approved by the appropriate state and/or federal agencies" . Page 5 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 20, 1991 MOTION: Made by Mr. Brown that PDA-9011 be approved with Stipulations, as amended. Seconded by Mr. Neale. Carried 3/0. STIPULATIONS: 1 . Amend PUD document : (Pg. 12-1 ) under 12 . 02 Permitted Uses & Structures #4 "Water Management Facilities and essen- tial services . " Add the following language " . . . subject to further review by Collier County Project Review Environmental Staff during the appropriate review process to insure that water management facilities do not degrade or negatively alter the vegeta- tion or hydroperiod of the cypress preserve areas" . 2 . Amend PUD document : (Page 14-8) #8 Add: Red Cockaded Woodpecker (RCW) Habitat - Habitat preservation (RCW) effected as a result of the RCW Management Plan shall be in perpetuity unless otherwise mitigated on a regional basis and approved by the appropriate state and/or federal agencies. No jurisdictional wetlands can be included within the RCW habitat preserve areas unless approved by the appropriate state and/or federal agencies" . ***** PETITION NO. R-90-8 FILED BY/FOR: 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" COMMENTS: Mr . Neale tendered Form 8B Memorandum of Voting Conflict for County, Municipal , and other Local Public Officers regarding this item thereby negating a quorum. Accordingly, this item was tentatively continued to March 6, 1991 , subject to confirmation on Friday, February 22 , 1991 . ***** Page 6 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 20, 1991 There being no further business, the meeting was adjourned by Order of the Chair. ENVIRONMENTAL ADVISORY COUNCIL Patrick Neale r1 1 1 Page 7 FORM 8B MEMORANDUM OF, VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NA.1E-FIRST NAME-MIDDLEMI NAME NAME OF BOARD.COUNCIL COMMISSION,AUTHORITY,OR COMMITTEE . .SLING ADDRESS THE BOARD.COUNCIL.COMMISSION.AUTHORITY.OR COMMITTEE ON C WHICH I SERVE IS A UNIT OF: (2. 'v / : _ail' ; COUNTY t 1 OTHER LOCAL AGENCY CITY COUNTY _ NAME OF POLITICAL SUBDIVISION: /"/1-1:•; "--..4-C7 L-i51 Wiz% t:.....?-./C5:://' <_/fit---- (:;-,7-71 DATE ON WHICH VOFE OCCURRED ...-2-7,/,;,-,-,„47 MY POSITION IS: ELECTIVE it APPOINTIVE_ I / WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council,commission, authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.1143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal,or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. - In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. - APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. _• A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: fou should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the, ,rtes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST /1-4�f�Z,r G—�6— , hereby disclose that on , 19 l _� (a) A measure-it me�or will come before my agency which (check one) inured to my special private gain; or •inured to the special gain of '-r=`�'`�!� -- -�/��. , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ice". /L -�� _�- /��,•`L/ 4--,-!�-/ic,-- • • • • • • • Date Filed % i Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY 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 88• 10.86 . MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: January 16, 1991 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT Martin X Burgeson X Brown X Lorenz X Turrell X Polen X Addison X Reischl X Neale X Student X Worsham X MINUTES BY: Annette Guevin, Deputy Clerk CALLED TO ORDER AT: 9: 00 A.M. ADJOURNED: 11 : 15 A.M. ( into Workshop PRESIDING : David Addison Session) ADDENDA TO THE AGENDA: Workshop regarding the Technical Advisory Board APPROVAL OF MINUTES: October 31 , 1990 November 21 , 1990 Page 1 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 16, 1991 PUD was heard before this Council in December and was continued. He requested that it be heard this date. Mr. Neale withdrew from the Council for discussion of this item because of a conflict of interest . Assistant County Attorney Student stated it is the opinion of the County Attorney' s Office that since all people on the mailing list were con- tacted, it can be considered for approval at this meeting. She added, however, because there has been public sentiment expressed about this pro- ject and since it has been the policy of Project Review Services to require a two-week advance notice, it is at the discretion of this Council whether or not to hear the petition. Mr. Brown expressed the opinion that this item was withdrawn and should be required to go through the application process to be recon- sidered. Mr. Lee stipulated that the petition was not withdrawn, it was continued in order not to go through the application process again. Ken Hunt, representing the petitioner, stated that the reason for postponement was a question of a pending civil matter. He said the problem has been advised to be beyond the purview of the EAC, therefore, the petition should be treated the same as any other application that has been continued. Attorney Patrick Neale mentioned that if his client is successful in litigation, substantial modifications of this project ' s current SDP will be required. Mr. Turrell indicated his concern that the public has not been given adequate notice for this peti- tion to be heard on this date. MOTION: Made by Mr. Brown that this item not be heard this date. Seconded by Dr. Martin. Carried 4/0. In answer to Mr. Lee, Mr . Worsham advised the applicant to request in writing that the petition be heard at the next meeting. Page 3 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 16, 1991 ***** ITEM: APPROVAL OF MINUTES MOTION: Made by Mr. Neale to approve the Minutes of October 31, 1990 and November 21, 1990. Seconded by Mr. Turrell. Carried 5/0. ***** ITEM: WITHDRAWAL OF PETITIONS COMMENTS: Eric Worsham, Project Review Services, noted that Petition R-90-37, "Point Marco" , and Petition R-90-31 , "Bill Piper Memorial Public Golf Course PUD" have been withdrawn. ***** ITEM: ADDENDA COMMENTS: Mr. Turrell asked that the Technical Advisory Board be discussed. It was the consensus that n this item be heard in workshop session at the end of the regular meeting. ***** ITEM: PROPOSED ADMINISTRATIVE APPROVAL PETITION NO. PU-90-30 FILED BY/FOR: Robert L. Duane, AICP of Hole, Montes & Associates, Inc. , representing Florida Rock Industries REQUESTING: A provisional use "o" of A-2 zoning district for a portable asphalt plant . REPRESENTED BY: Staff COMMENTS: Consensus to concur with administrative approval. ***** ITEM: OLD BUSINESS COMMENTS: John Lee, representing Hole, Montes & Associates, Inc. , stated that a petition for the Island Oasis Page 2 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 16, 1991 Mr. Neale returned to the Council at this time. ***** ITEM: PUBLIC HEARINGS PETITION NO. R-90-36 FILED BY/FOR: 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" REPRESENTED BY: Harvey Strauss COMMENTS: Mr. Strauss explained this project consists of 33 . 8 acres at the intersection of Davis Boulevard and Radio Road. He said the plan is to develop 438 units, with the project divided into two sec- tions. He reported the petitioner is in agreement with the stipulations imposed by Staff, however, in reference to Stipulation #2, once the area is surveyed, the wetland and upland portions may vary slightly. Barbara Burgeson, Project Review Services, noted a change that Staff is requesting within Stipulation #2 . She requested the language be revised to indicate the master plan will show approximately 3 acres of wetland and approxima- tely 9 acres of upland to be preserved, to be adjusted through survey as referenced in Stipulation #1 . Mr. Neale suggested that the language reflect 3 plus or minus 3/10 acres and 9 plus or minus 3/10 acres, to which the Council concurred. Mr . Addison asked for clarification, within Section VI of the PUD document, under 6.03.A.4, what is meant by "other facilities"? Mr. Strauss responded that Stipulation #3 requires Section VI to be rewritten. He said no uses will be per- mitted in the wetlands, transitional areas, lake and red cockaded woodpecker flight path under that stipulation. MOTION: Made by Mr. Turrell to recommend approval of Petition R-90-36 subject to Staff's stipulations r% as amended. Seconded by Mr. Neale. Carried 5/0. Page 4 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 16, 1991 STIPULATIONS: 1 . The preserve areas shall be surveyed and shown on the final recorded plat, and dedi- cated with protective covenants to maintain the areas in their natural pre-development state. 2 . The master plan shall show 3 + 3/10 acres of wetland to be preserved and 9`+ 3/10 acres of upland to be preserved, to be adjusted through survey as referenced in Stipulation #1 . 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 compen- sation are included in the preserve area. ) ***** PETITION NO. R-90-20/DRI/90-1/SMP-90-37 FILED BY/FOR: Gary S. Derck of Edward D. Stone Jr. & Associates, representing Collier Development Corporation; and Frederick T. Barber & Dominick J. Amico of Agnoli , Barber & Brundage, Inc. , representing Collier Development Corporation REQUESTING: A zoning change from A-2 & PUD to PUD, "Collier Tract 22" ; and Subdivision Master Plan approval for "Cocohatchee Cove" REPRESENTED BY: Cliff Barksdale, Rich Henderlong and Eric Heald COMMENTS: Mr. Barksdale with Collier Development Corporation, stated the project is located on the northeast corner of U.S. 41 and Immokalee Road and consists of approximately 506 acres. He explained that Collier Medical Center, already constructed, and River Chase retail shopping center, about to be constructed, have previously been approved as PUD's. He reported Collier Development Corporation subsequently decided to develop the land between those two projects as Page 5 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 16, 1991 � I residential , therefore, the three areas were aggregated into one project which has now become a DRI . He advised that , depending on the market, the residential portion will be developed with a total of 385 units, including multi-family units, however, if it is developed solely with single- family units, the total will be reduced to 235 . Not knowing what the market will bear, he said, they prefer to process this request in order to retain the option of 385 units. He advised that some of the stipulations have been revised to make the language consistent with recommendations of the Regional Development Council (RDC) and the State, and others have been revised for clarifi- cation purposes. He noted that conceptual approval for the entire project has been received from SFWMD. Eric Heald, of Heald & Associates, stated he is the ecologist on this project . He noted there are no major wetland impacts associated with the project . Mr. Barksdale added there are approximately 80 acres of wetlands that will be preserved and 50 acres of upland preserves. He indicated the pro- ject has been revised to consolidate the upland areas into larger blocks, in accordance with a request by the Florida Game & Fresh Water Fish Commission. He said this revision has resulted in the reconfiguration of the golf course and elimination of a lake. In answer to Dr . Martin, Mr . Barksdale replied that the petitioner is required to produce a relocation and management plan for gofer tor- toises, to be approved by Staff and the Florida Game & Fresh Water Fish Commission. He stated Staff has also required the petitioner to monitor the plan. Mr. Brown indicated that a variety of other spe- cies have been noted on the site and asked what specific plans are being proposed to protect those during construction stages? Mr. Heald responded that the wide Cocohatchee Corridor should give the eagle that has been seen on the site an ample flight corridor . He said other protected species will not be impacted greatly by this project . Page 6 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 16, 1991 Mr. Worsham introduced the revisions made to the stipulations. After lengthy discussion, Council members agreed with Mr. Neale ' s suggestion that Stipulation #2 be further revised as follows, " . . . except that the easement shall not preclude specific activi- ties undertaken on the property such as exotic tree removal, boardwalks, limited access ramps, nature walkways, limited docks and passive recreational activities which shall be subject to review and approval by Collier County Project Review Services Environmental Staff . Review cri- teria shall be designed to miminize impacts on native and protected species, minimize impervious area and shall have as their prime intent the maintenance of the area' s preserve character. " Mr. Worsham suggested that Stipulation #3 be further revised to state, "All mitigation areas shall be recorded on the plat as preserve/ conservation easements pursuant to Chapter 704.06 of the Florida Statutes except upland compen- sation areas which shall be allowed the uses as described in Stipulation #2" , which was agreeable to the Council . Kim Polen, Project Review Services, proposed that Stipulation #4 be further revised to indicate the following language at the end of the sentence, . . . prior to any final site/construction plan approval within each phase of the project" , to which Council members agreed. Mr. Worsham asked that "Environmental Staff" be added at the end of Stipulation #6. He also suggested that Stipulation #7 be revised to read, "Where proposed golf cart paths must cross through wetland and upland preserves. . . . " . It was the consensus to that the above changes be included in the stipulations. It was the consensus to revise Stipulation #9 as follows: "Archaeological features shall be addressed as per Goal 12 of the Conservation and Coastal Management Element of the Collier County Comprehensive Plan. " Mr. Barksdale indicated that the above amendments to the revised stipulations are agreeable to the petitioner. Page 7 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 16, 1991 Mr. Carter Straton, appearing as a concerned citizen, requested that an additional Stipulation be required addressing the American Bald Eagle presence on the site. He volunteered his time to take Staff and the petitioner ' s ecologist to the area in order to further identify the location. Rich Henderlong, for the petitioner, stated that an additional stipulation addressing the above concern will not be opposed by the applicant . Mr . Neale proposed that Stipulation #11 be added as follows, "Bald Eagle feeding/roosting trees shall be identified in the field located by Collier County Project Review Services Environmental Staff and a preservation zone around such trees shall be defined and designated as a special preserve area with no activities as would have been permitted under Stipulation #2 . MOTION: Made by Mr. Turrell to recommend approval of Petition R-90-20/DRI-90-1/SMP-90-37 subject to the revised stipulations as amended and with the additional stipulation. Seconded by Mr. Brown. Carried 5/0. 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 docu- ment . 2 . At least eighty (80) acres of wetland pre- serves and fifty (50) acres of upland pre- serves shall be recorded on the plat as preserve/conservation easements in accor- dance with Chapter 704. 06 Florida Statutes except that the easement shall not preclude specific activities undertaken on the pro- perty such as exotic tree removal, board- walks, limited access ramps, nature walkways, limited docks and passive recreational activities which shall be sub- ject to review and approval by Collier County Project Review Services Environmental Staff . Review criteria shall be designed to Page 8 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 16, 1991 miminize impacts on native and protected species, minimize impervious area and shall have as their prime intent the maintenance of the area's preserve character. " 3 . All mitigation areas shall be recorded on the plat as preserve/conservation easements pursuant to Chapter 704.06 of the Florida Statutes except upland compensation areas which shall be allowed the uses as described in Stipulation #2 . 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 required 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 any final site/construction plan approval within each phase of the project . 5 . Design of the golf course layout, buildings and associated structures, and infrastruc- ture shall be adjusted to comply with the requirements of the ACOE, SFWMD, and FGFWFC. 6 . All water control elevations shall be reviewed and approved by SFWMD and Collier County Project Review Services Environmental Staff . 7 . Where proposed golf cart paths must 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 vegetation shall be left as buffers. Page 9 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 16, 1991 9. Archaeological features shall be addressed as per Goal 12 of the Conservation and Coastal Management Element of the Collier County Comprehensive Plan. 10. The site plan shall be adjusted as necessary to provide xeric scrub preserve areas for gopher tortoise relocation. These preserves must be platted as described in Stipulations #1 and #2 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. 11 . Bald Eagle feeding/roosting trees shall be identified in the field located by Collier County Project Review Services Environmental Staff, and a preservation zone around such trees shall be defined and designated as a special preserve area with no activities as would have been permitted under Stipulation #2 . ^ I ***** There being no further business, the meeting was adjourned into Workshop Session by Order of the Chair. ENVIRONMENTAL ADVISORY COUNCIL David Addison Page 10 DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Eric D. Worsham Chief Environmental Specialist DATE: March 8, 1991 RE: Reconsideration of petition PDA-90-11 Petition PDA-90-11 was recommended by Planning Services Staff for approval by the Collier County Planning Commission (CCPC) on 3/7/1991 without the EAC approved stipulations. The petition was approved as requested. The original staff report and a letter request to drop the stipulations from the applicant have been submitted for your consideration. We request the EAC to make a motion regarding this matter. EDW/ew cc: EAC Binder PDA-90-11 File Chrono File � W 91 01 : 27 PM P02 x �1y LELY TROPICAL VILLAS LELY GOLF ESTATES . LELY COUNTRY CLUB 1 LEIY BAREFOOT BEACH aLELY RESORT vdir LEL'LAKs LELY DEVELOPMENT CORPORATION March 6, 1991 Mr. Robert Muihere Collier County Development Services 2800 North Horseshoe Drive Naples, Pia. , 33942 RE: Petition PDA 90-11 Lely Resort PUD Welcome Center Via Telefax Dear Mr. Muiheres On March 5th, I had the pleasure of meeting with you, Ken Baginski, John Madajewski, David Pettrow and Greg Robertson regarding our pending Lely Resort P.U.D. modification to permit us to construct a 9,000 square foot Welcome Center in an existing tract zoned for Multi-family use. During this meeting, we suggested and staff agreed that the four stipulations conditioning staff recommendation for approval may be more appropriately addressed concurrently with a future Lely Resort P.U.D. modification request which we will be making for our next major phase of development. This correspondence is to confirm the intent of Lely Development Corporation to make a future request to modify our Lely Resort P.U.D. to accommodate necessary changes to our next development phase. We anticipate, depending upon the complexity of this submittal, that this request will be made to Collier County within the next 90 to 120 days or less. We would be pleased to address these same stipulations with you at that time, when a much more comprehensive review and analysis of our P.U.D. will be made than the currently pending modification to permit the Welcome Center. Thank you for your assistance with this matter. Very truly yours, LELY DEVELOPMENT CORPORATION AAP AA' George Botne Executive Vice President /'` GB.bll cc; John Agnelli, Alan Reynolds • 8825 TAMIAMI TRAIL EAST NAPLES,FLORIDA 33962-3399 TOLL FREE:1-800-842.5653 TELEPHONE:1.813.774A313 TELEX:52792 TELEFAX:1.813.775.23.3:1 c:ABLE ADDRESS:LELYFLOR NAPL DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Earlene M. Weber k'47/ Secretary II DATE: February 21, 1991 RE: Petition R-90-8, Island Oasis An attempt to schedule a special EAC meeting on March 6, 1991 has been unsuccessful. Mr. Ronald J. Brown will not be able to attend. Mr. Todd Turrell cannot guarantee his attendance, since he will be on call as a witness for trials occurring that week. The above referenced item will therefore, be continued to the regular meeting of March 20, 1991. Please plan to attend. ew91-71 cc: Eric D. Worsham, Chief Environmental Specialist R-90-8 File Chrono File DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: Ron Nino Senior Project Planner FROM: John F. Madajewski ly Project Review Services Manager `.1 DATE: February 21, 1991 RE: Petition R-90-8 , Island Oasis Due to EAC members' prior commitments, it will not be possible to have a quorum for a special meeting on March 6, 1991. Based on this situation the referenced petition will be continued to the regular March 20, 1991 EAC meeting. Every effort has been expended to have this item heard earlier. Please notify the petitioner/agent of this situation. JFM/ew91-70 cc: Eric D. Worsham, Chief Environmental Specialist R-90-8 File Chrono File PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 12/19/1990 CONTINUED TO 3/20/1991 EAC MEETING 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 n activities. The dominant vegetation is cattails (Typha spp. ) . Many birds were observed on site, and American 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. r i 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. n PREPARED BY: a .I / 4, DATE: /Z �-/3- o. _ F- i REISCHL ENVIRONMENTAL SPECIALIST I REVIEWED BY: EA__ c_ b4/10-4,-.D ATE: /2/13/90 ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: 1 / c 1 1 �. DATE: 48 Ad 4,OHN F. MAD•f EWSKI, P. E. 'ROJECT REV r SERVICES MANAGER Staff Reports, R-90-8, ew n PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 3/20/1991 Petition: R-91-3/SMP-91-4 : Hassan Kamal of B. S. E. Consultants, Inc. , representing Caruscan of America, Inc. ; requesting a zoning change from RMF-12 to RSF-4 and subdivison master plan approval for "Lakeside at Victoria Park" . Considerations: The 8 .76± acre parcel is within Lakeside at Victoria Park Subdivision which is located off Airport Road on the west side, approximately one-half mile south of S.R. 846 (Immokalee Road) . The proposed site plan consists of twenty single family detached units with a density of 2 . 3 units per acre. There is an existing lake bordering the homesites along the proposed roadway. Most of the site consists of herbaceous groundcover except for a few slash pines (Pinus elliotti var. densa) and the littoral areas of the lake. Vegetation in the littoral areas consists of cattails (Typha spp. ) , willow (Salix spp. ) , primrose willow (Ludwigia peruviana) , saltbush (Baccharis halimifolia) , wax myrtle (Myrica cerifera) , and Brazilian pepper (Schinus terebinthifolius) . Recommendations: Staff recommends approval of petition R-91-3/SMP-91-4 subject to the following stipulation: 1. A buffer easement extending from one foot above the design high water elevation of the lake to two feet below the design high water elevation and extending around the entire perimeter of the lake segment within the boundaries of this rezone petition shall be recorded on the plat and indicated on the construction plans as a conservation/drainage easement, that shall be maintained with emergent aquatic vegetation. PREPARED BY: , ' i/A),n. DATE: 3/(C/ / �' KIMBERf POLEN ENVIRONM NTAL SPECIALIST II LLREVIEWED BY: (7.„4-;...c.... �. LATE: 3/6 /7/ ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: ' � • / �` / DATE: .3/6/V JOHN F. • IAJEWSKI, P. E. PROJECT R hIEW SERVICES MANAGER STAFF REPORTS, R-91-3/SMP-91-4 , ew } PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 3/20/1991 Petition: R-90-26: Alan D. Reynolds of Wilson, Miller, Barton & Peek, Inc. , representing Henk Morelisse, Jr. , of Dynabel Investments, Ltd. ; requesting a zoning change from A-2 and A-2 ST to PUD "Dynabel". Considerations: The petitioner requests a change from A-2 and A-2 ST to PUD. The subject property is an undeveloped, irregularly shaped 190.2± acre parcel of land located in Section 11, Township 48 South, Range 25 East, Collier County, Florida. The parcel is generally bordered on the west and north by undeveloped agricultural land, on the east by the Livingston Road Country Club PUD and on the south by the future Livingston Road and Imperial Golf Estates. Proposed density is 2. 1 dwelling units per acre, a maximum of 390 dwelling units. Subject property has areas with Special Treatment overlays (reference Environmental Impact Statement (EIS) ) , July 1990, Attachment B. Enclosed, please find map no. 85112 of the Zoning Atlas dated September 9, 1989 indicating the current ST n zoning area and acreages. The reader is referred to the Wilson, Miller, Barton and Peek Vegetation Map, Exhibit D, for the major vegetation communities on the site and pages 5-7 of the EIS for a description of wetlands and proposed impacts. Wetlands flowing off-site are proposed to be treated as off-site wetlands for water management calculations and permits. Comments/Concerns: An ST overlay extends over large areas of the subject site. The plan is conceptual and the exact ST boundary cannot be adequately ascertained to approve or disapprove of proposed activities, i.e. lakes, road and residential areas, indicated on the revised site plan dated March 4, 1991. A site visit on February 11, 1991 by Barbara Prynoski, Project Review Services Environmental Staff, Arthur Pritzker, Biologist, Wilson, Miller, Barton & Peek, and Henk Morelisse, Jr. , owner, indicated that some areas in the eastern and southeastern portion of the parcel supported exotic vegetation, (melaleuca being dominant) to varying degrees. Staff agrees in general with the FLUCCS vegetation mapping prepared by Wilson, Miller, Barton & Peek, Inc. , with the exception that the 424 (melaleuca) area in the southeast corner did not appear as extensive as indicated. The areas clearly need to be field verified once specific activities are proposed. Given the above, the areas with an ST overlay, as of this date, should be afforded an intensive review during the Subdivision Master Plan process. At that time, a site alteration plan will be Staff Report R-90-26 /'.• EAC Meeting 3/20/91 Page 2 available, as required under Section 9 (9. 1.d. ) of the Collier County Zoning Ordinance No. 82-2 . Recommended stipulation #4 is offered below to address this concern. This stipulation is offered in lieu of requiring the ST to remain, which would then necessitate the petitioner going through an additional re-zoning process. The EAC has formally requested to hear all ST petitions. R-90-26, because it is conceptual, cannot be adequately reviewed to determine areas of environmental sensitivity and areas now designated ST where development may occur. Additional right-of-ways may be proposed. The reader shall note that Project Review Services has offered the petitioner a means to avoid any encroachment into the conservation area in the northern portion of the site. Cul-de-sacs are recommended. The PUD document, Section IV, 4.02A lists permitted uses in conservation areas that are incompatible with the term conservation area. Recommended stipulation #3 addresses this concern. Recommendations: In consideration of the above, staff recommends approval of petition R-90-26 subject to the following stipulations: 1. A minimum of twenty-five percent (25%) of the site's native vegetation shall be retained as required by Collier County Ordinance No. 75-21 as amended by Ordinance No. 89-58. Area(s) of retention (preservation) shall be designated on the preliminary site development plan/subdivision master plan (SDP/SMP) submittal. 2. Collier County jurisdictional wetlands shall be flagged by the petitioner, and shall be field verified by Collier County Project Review Services Environmental Staff prior to and as part of the SDP/SMP submittal. Said approved wetland boundary shall be indicated on final site plan/construction plan by survey. Said survey shall include a twenty-five (25) foot average buffer zone around all isolated wetlands. 3 . Wetlands designated as conservation areas shall be field verified and approved by Project Review Services, Environmental Staff, and surveyed prior to final SDP/SMP approval and designated as conservation easement(s) on the final plat. Protective covenants shall be according to Florida Statute Chapter 704 .06 and shall be so indicated on the plat and/or site plan/construction plans under "Notes" . Said conservation easement(s) shall be recorded in the Public Records of Collier County. Petitioner shall amend the Dynabel PUD document dated July, 1990, Section IV, 4.02A to read that Staff Report R-90-26 EAC Meeting 3/20/91 Page 3 permitted uses in conservation areas shall be limited to elevated wooden boardwalks and/or elevated wooden observation platforms. Said paths shall be designed to avoid the removal of native vegetation to the maximum extent possible. 4. No encroachment or construction activity (including roads, structures, lakes, etc. ) shall occur in any area with a special treatment (ST) overlay as per Zoning Atlas revision 9-19-89, and/or within an area designated as a conservation area. If any decreases to said petition's acreage of preserve or conservation areas (as per PUD master plan) or if any activities are proposed in these areas (ST, preserve/conservation areas) , the petitioner shall present, for review and approval, any proposed changes to Project Review Services, Environmental Staff and the Environmental Advisory Council (EAC) or the environmental board/council in place at the time of the proposed change(s) . 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/construction plan. 6. Proposed wetland impacts to Collier County jurisdictional wetlands shall be subject to Project Review Services, Environmental Staff approval. 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/construction plan approval and designated as a conservation easement and/or tract on the final plat with protective covenants pursuant to Florida Statutes, Chapter 704. 06. 7. A minimum separation distance between protected wetlands and proposed lake(s) shall be two hundred (200) feet unless the control structures are set at or above biological indicators (i.e. lichen lines) of the adjacent wetlands. Control elevations shall be established which provide hydroperiods that ensure successful restoration/preservation and/or enhancement of the wetlands. 8. 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. EEVELOPMENT SERVICES DEPARTMENT PCT REVIEW SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Earlene M. Weber , Secretary II DATE: March 8, 1991 RE: Conservation and Coastal Management Element Please find attached the revised edition of Goals and Objectives of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. This copy replaces the one you now have. ew