EAC Agenda 04/17/1991 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
April 17, 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. 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". Continued from 3/20/1991 EAC meeting.
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". Continued from 1/16/1991 EAC
meeting.
VI. PUBLIC HEARINGS
A. PUD-80-20(1) : Donald A. Pickworth of Asbell,
Hains, Doyle & Pickworth, P. A. , representing
Royal Marco Developments; requesting a PUD
Amendment to "Hideaway Beach".
B. PUD-84-25(1) /DOA-91-3: Rick Hedlund of Team Plan,
Inc. , representing Naples Associates; requesting a
PUD Amendment and a Development Order Amendment to
"Pine Air Lakes" .
C. PU-91-1: Robert K. Lockhart of Lockhart
Engineering Inc. , representing Southfield Farms
LTD, V; requesting a provisional use 3 (a) & 3 (b)
of A-2 zoning district for earth mining and
extraction & related processing.
/"•,
D. R-91-5/SMP-91-5: Robert L. Duane of Hole, Montes
& Associates, Inc. , representing Daniel R. Monaco,
Trustee; requesting a zoning change from A-2 to
PUD and Subdivision Master Plan approval for
"MOCAKE".
E. PUD-87-12 (1) : Robert H. Flinn of Audubon Joint
Venture; requesting a PUD Amendment to Audubon
Country Club.
F. R-91-4/SMP-91-7: Reed Jarvi/Steve Ball of Agnoli,
Barber & Brundage, Inc. , representing Dolphin Cove
Partnership; requesting a zoning change from PUD
to RSF-3 and Subdivision Master Plan approval for
"Dolphin Cove".
VII. NEW BUSINESS
VIII. DISCUSSION OF ADDENDA
IX. ADJOURNMENT
X. WORKSHOP
*************************************************************
NOTES:
n A. Notify PROJECT REVIEW SERVICES (Environmental Staff)
(643-8470) no later than 5 P.M. on Monday April 15, 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.
�-. ********** *********** **********
*************************************************************
MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL
DATE: March 20,
1991
TIME: 8 : 45 A.M.
PLACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center, Naples, Florida
EAC STAFF PRESENT
Martin X Burgeson X
Brown ABS Lawson X
Turrell X Reischl X
Addison X Madajewski X
Neale X Palen X
Prynoski X
Worsham X
MINUTES BY: Annette Guevin and Wanda Arrighi , Deputy Clerks
CALLED TO ORDER AT: 9 : 00 A.M. ADJOURNED: 11 : 35 A.M.
PRESIDING: David Addison
ADDENDA TO THE AGENDA: None
APPROVAL OF MINUTES : February 20, 1991
Page 1
ENVIRONMENTAL ADVISORY COUNCIL MARCH 20, 1991
*****
ITEM: APPROVAL OF MINUTES
MOTION: Made by Mr. Neale to approve the Minutes of January
16, 1991 . Seconded by Mr. Turrell. Carried 4/0.
Made by Mr. Neale to approve the Minutes of
February 20,1991 . Seconded by Dr. Martin. Carried
4/0.
*****
ITEM: OLD BUSINESS
EAB Review Criteria
COMMENTS: John Madajewski , Project Review Services Manager,
communicated that there seems to be a misun-
derstanding with regard to a portion of the cri-
teria within the proposed Environmental Advisory
Board (EAB) Ordinance. He requested that the scope
of review to be undertaken by the EAB be clarified.
Eric Worsham, Project Review Services, explained
the first item on the proposed review criteria con-
sists of anything required to be reviewed by EAC or
EAB by ordinance. He said an Environmental Impact
Statement (EIS) is listed as an example, however,
the intent is if the EIS is considered insufficient
and not acceptable to Staff, the petitioner would
then come before the EAB. He stated that does not
mean everything requiring an EIS would be heard
before the EAB.
Mr. Turrell communicated his understanding that any
petition requiring an EIS or for some reason is
controversial, would be heard by the EAB, to which
Mr . Neale agreed.
Mr. Madajewski indicated that Staff will revise the
scope of review to include any petition requiring
an EIS will be heard by the EAB.
***
Reconsideration - PDA-90-11
Alan D. Reynolds, AICP of Wilson, Miller, Barton &
Peek, Inc. , representing Lely Development
Page 2
ENVIRONMENTAL ADVISORY COUNCIL MARCH 20, 1991
Corporation, Inc. ; requesting a PUD Amendment to
"Lely A Resort Community" to add Welcome Centers.
Alan Reynolds explained this item was heard at the
2/20/91 meeting, at which time stipulations were
added by Staff . He said after further discussion
with Staff, it has been agreed that the Lely Resort
project will be coming back within 90-120 days with
a more comprehensive PUD amendment , at which time
it will be more appropriate to discuss those sti-
pulations.
Mr . Madajewski indicated Staff ' s agreement and
recommended that the Council vote to reconsider the
petition and remove the stipulations imposed at the
2/20/91 meeting.
MOTION: Made by Mr. Neale, Seconded by Dr. Martin and
carried 4/0, that upon reconsideration of
Petition PDA-90-11 , the stipulations imposed at the
2/20/91 meeting be removed from the PDA document
subject to those issues being addressed by Staff
during the comprehensive PDA to be submitted within
the next 120 days.
*****
PETITION NO. R-90-8
FILED BY/FOR: Robert L. Duane, AICP of Hole, Mantes & Associates,
Inc .
REQUESTING: A zoning change from RSF-4 to PUD "Island Oasis"
REPRESENTED BY: Robert Duane and Terry Cole
COMMENTS: Mr. Neale withdrew from the Council for discussion
of this item because of a conflict of interest .
Mr. Duane explained the subject property is
comprised primarily of a borrow pit that the peti-
tioner intends to partially fill , leaving approxi-
mately a 1 . 6 acre lake upon which single family
and multi-family residences will be clustered. He
indicated the petitioner is in agreement with all
the stipulations imposed by Staff .
Terry Cole with Hole, Montes & Associates, Inc. ,
stated the subject site is surrounded by developed
Page 3
ENVIRONMENTAL ADVISORY COUNCIL MARCH 20, 1991
uplands and contains a large borrow pit excavated
to obtain fill for the surrounding development . He
said the pit contains only cattails, does not
represent a viable wetland and significant adverse
environmental impacts are not anticipated to occur
as a result of the proposed project . He noted a
protected species survey as well as studies with
regard to water management will need to be
obtained.
Dr. Martin commented that the petitioner is pro-
posing a significant change that the Council may
feel more comfortable considering when data is pre-
sented that would substantiate the proposal to be
an enhancement rather than just a fill project .
Mr . Duane mentioned that the property as presently
zoned is allowed to develop at four units per acre,
however , the petitioner feels the PUD is a better
way to approach overall site development . He said
it will create much more open space and a greater
separation between adjoining properties. He indi-
cated the petitioner has not performed the required
studies because typically, that expense is not
undertaken until after a determination has been
made on the appropriate use of a property.
SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION
Ken Hunt Ray Travaglio (phonetic)
Diane Chestnut (presented
petition from surrounding
property owners)
Mr. Duane suggested if the project is approved by
the Board of County Commissioners, the petitioner
is in agreement to return to the EAC prior to final
development order approval .
MOTION: Made by Mr. Turrell to recommend to the Board of
County Commissioners denial of Petition R-90-8
pending receipt and review of a detailed species
survey, water quality monitoring/water management
studies, an environmental impact statement and
documentation that the proposed development has a
positive environmental impact on this unique habi-
tat. Should Petition R-90-8 be approved by the
Board of County Commissioners, petitioner is in
Page 4
ENVIRONMENTAL ADVISORY COUNCIL MARCH 20, 1991
agreement that this request will return to the
authorized Collier County environmental advisory
group prior to final development order approval.
Seconded by Dr. Martin. Carried 3/0 (Mr. Neale
abstained) .
*** Recess: 10: 20 A.M. - Reconvened: 10: 35 A.M. ***
*****
PETITION NO. Petition R-91-3/SMP-91-4
FILED BY/FOR: Hassan Kamal of B. S . E. Consultants, Inc.
REQUESTING: A zoning change from RMF-12 to RSF-4 and sub-
division master plan approval for "Lakeside at
Victoria Park"
REPRESENTED BY: Hassan Kamal
COMMENTS: Mr. Kamal requested approval for a zoning change
and subdivision master plan for a 8 . 75 acre parcel
located within Victoria Park Subdivision. He noted
the present zoning is RMF-12 and the petitioner is
requesting a rezone to RSF-4 for 20 single family
lots, approximately 1/4 to 1/3 acre in size
surrounding Lake Victoria. He reported that the
petitioner is in agreement with the concept of
Staff ' s stipulations; however, with regard to the
conservation drainage easement buffer, he noted
that a portion of the area is outside the project
limits, therefore, not within the control of the
developer .
Mr. Turrell suggested that Staff ' s stipulation be
approved which will ensure that the areas within
the petitioner ' s property are maintained.
MOTION: Made by Mr. Neale seconded by Dr. Martin and
carried 4/0, to recommend approval of Petition
R-91-3/SMP-91-4 subject to Staff's stipulation,
amended as follows:
STIPULATION:
1 . A buffer easement to be located on the peti-
tioner ' s property as it exists prior to impro-
vement , extending from one foot above the
design high water elevation of the lake to two
Page 5
ENVIRONMENTAL ADVISORY COUNCIL MARCH 20, 1991
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.
*****
PETITION NO. R-90-26
FILED BY/FOR: Alan D. Reynolds, AICP 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" .
REPRESENTED BY: Alan D. Reynolds
COMMENTS: Mr. Madajewski advised that subsequent to a recent
meeting with the developer, additional changes have
been suggested which Staff has not had the oppor-
tunity
to thoroughly review as of this meeting.
Mr . Addison suggested that Staff and the petitioner
be allowed to work out their differences prior to
proceeding with this application.
Mr . Reynolds indicated the developer as well as
various support personnel are available at this
meeting and willing to proceed with their presen-
tations, at the discretion of the Council . He
agreed that additional debate is necessary due tc
the proposed language within the stipulations.
It was the consensus that Petition R-90-26 be con-
tinued to allow Staff and the petitioner time to
review changes to the stipulations.
Dr. Martin suggested that those persons in atten-
dance at the meeting on behalf of the petitioner be
invited to give a brief overview of the proposed
project .
***Deputy Clerk Arrighi replaced Deputy Clerk Guevin***
At the request of Council , Mr. Reynolds presented a
brief overview of the project . He advised that the
Page 6
ENVIRONMENTAL ADVISORY COUNCIL MARCH 20, 1991
subject petition is a request for a rezone from A-2
and A-2ST to a Planned Unit Development , referred
to as the "Dynabel" PUD. He informed that the pro-
ject includes 190 acres which is located one mile
east of U. S . 41 and immediately north of Imperial
Golf Estates and west of Livingston Road Country
Club. He noted that the plan of development is to
provide for a low density residential project with
390 dwelling units, allowing a density of approxi-
mately 2 units per acre. He pointed out that
environmentally, extensive mapping of the property
has been done which is included in staff ' s report .
He noted that the character of the property has a
fair amount of topographic relief from the north-
west to the southeast with high quality wetland
areas, transitional cypress and pine wetlands, wet
prairies, etc. He commented that of the 192 acres
42 of them have an ST overlay. He stated that they
have specified 47 acres of wetlands, and added that
the wetlands location and the ST overlay do not
consistently match. He reported that environmen-
tally the goal of the project is to put the best
wetlands in conservation areas, identify the
impacted wetland areas and use these areas as
stormwater management areas or development areas.
He explained that by using the wetlands, lakes and
uplands a wildlife area will be created. He indi-
cated that there are three conservation/open spaces
delineated on the plan which will consist of
approximately 114 acres . He explained that of the
47 acres of wetlands identified 12 of them will be
heavily impacted resulting in being non-
functioning, but 35 acres will remain in good
quality. He noted that of the 12 acres which will
be impacted, 5 acres will be part of the excavated
lakes and the other 7 acres will be part of deve-
lopment tracts. He related that their mitigation
strategy includes identifying 12 acres of good
uplands which will provide for habitat diversity,
allowing for approximately 28 acres of wetlands
which will have hydro-period restoration, and an
additional 20 acres of lake. He concluded that
environmentally a better product will result from
the proposed project .
Mr. Reynolds pointed out that the project is
intended to be interconnected by the pathways
including the wetland areas.
Page 7
ENVIRONMENTAL ADVISORY COUNCIL MARCH 20, 1991
Mr . Reynolds commented that staff is recommending
approval , and he will work with them to resolve the
technical details.
In response to Mr. Neale, Mr. Reynolds explained
that there have been on-going discussions with
Livingston Road Country Club regarding the possibi-
lity of granting an easement of a wetland area to
the petitioner to be used as part of the proposed
projects water management system.
There being no further business, the meeting was adjourned by
order of the Chair .
ENVIRONMENTAL ADVISORY COMMITTEE
David Addison, Chairman
Page 8
DEVELOPMENT SERVICES DEPARTMENT
PROJECT REVIEW SERVICES SECTION
MEMORANDUM
TO: EAC Members
FROM: Earlene M. Weber �.
Secretary II f/// /v
DATE: April 11, 1991
RE: 3/20/91 Minutes
Revised Dynabel Stipulations
Enclosed please find the minutes for the 3/20/1991 EAC
Meeting.
The field visit for petition R-90-26, Dynabel has been
postponed till Monday, April 15, 1991. Therefore, the
revised stipulations (3 , 4, 7 & 12) will be handed out at
the April Meeting.
ew
Enclosure
cc: Eric D. Worsham, Chief Environmental Specialist
Chrono File
DEVELOPMENT SERVICES DEPARTMENT
PROJECT REVIEW SERVICES SECTION
MEMORANDUM
TO: EAC Members
FROM: Barbara N. Prynoski
Environmental Specialist II
DATE: April 8, 1991
RE: R-90-26 - Dynabel
Staff and representatives for the petitioner met today, April
8 , 1991 to discuss changes to stipulations to the above
referenced petition. Staff will be conducting another field
visit on Thursday, April 11, 1991 to determine final
revisions to some of the stipulations.
Below please find a summary of the stipulations to remain
unchanged, the stipulations which were revised as a result of
the April 8, 1991 meeting and stipulations with revisions
forthcoming.
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.
NO CHANGE
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. REVISED
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 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.
REVISIONS FORTHCOMING
April 8, 1991
R-90-26, DYNABEL
Page 2
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) . REVISIONS FORTHCOMING
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. NO CHANGE
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 Appendix 7 of the South Florida Water
Management District rules. Mitigation areas shall be
identified and, where appropriate, surveyed prior to
final site plan/construction plan approval and designated
as a conservation easement(s) and/or tract(s) on the
final plat with protective covenants pursuant to Florida
Statutes, Chapter 704.06. REVISED
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. REVISIONS FORTHCOMING
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. NO
CHANGE
n
April 8, 1991
R-90-26, DYNABEL
Page 3
9. An exotic vegetation removal, monitoring, and maintenance
(exotic-free) plan for the site, with emphasis on the
conservation areas, shall be submitted to Project Review
Services, Environmental Staff for review and approval
prior to final site plan/construction plan approval. NO
CHANGE
10. Protected plant and animal species recorded as a result
of any future required protected species surveys shall be
protected in place or relocated in conformance with
applicable local, state and federal requirements in
effect at the time of any local development order
approvals affecting the recorded protected species. NO
CHANGE
11. The master Plan and Planned Unit Development document
shall be changed prior to submittal to the Collier County
Board of County Commissioners to reflect the
aforementioned stipulations. NO CHANGE
12. Should the Preserve and/or Conservation tracts of the
property be utilized as part of the project's water
management system and the South Florida Water Management
District requires a natural preserve buffer be created
between the lots and the Preserve and/or Conservation
tracts, the buffer shall not be located within the
boundaries of the lot(s) . It shall be created as a
separate platted tract or as a buffer easement over an
expanded limit of the Preserve and/or Conservation
tracts, which would be dedicated as Preserve and/or
Conservation/Drainage tracts, to include the buffer
within the Preserve tract. If the buffer is located
within a separate tract, that tract shall be dedicated on
the plat to the project's home owners association or like
entity for ownership and maintenance responsibilities and
if necessary, to Collier County with no responsibility
for maintenance. All Preserve and/or Conservation buffer
easements or buffer tracts shall be created in
conformance with the provisions of Chapter 704.06,
Florida Statutes. REVISIONS FORTHCOMING
BNP/ew91-112
cc: Alan D. Reynolds; Wilson, Miller, Barton & Peek,
Inc.
Eric D. Worsham, Chief Environmental Specialist
EAC Distribution List
Chrono File
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
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
i1
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.
Staff Report R-90-26
EAC Meeting 3/20/91
Page 4
9. An exotic vegetation removal, monitoring, and maintenance
(exotic-free) plan for the site, with emphasis on the
conservation areas, shall be submitted to Project Review
Services, Environmental Staff for review and approval prior to
final site plan/construction plan approval.
10. Protected plant and animal species recorded as a result of any
future required protected species surveys shall be protected
in place or relocated in conformance with applicable local,
state and federal requirements in effect at the time of any
local development order approvals affecting the recorded
protected species.
11. The master Plan and Planned Unit Development document shall be
changed prior to submittal to the Collier County Board of
County Commissioners to reflect the aforementioned
stipulations.
12 . Should the Preserve and/or Conservation tracts of the property
be utilized as part of the project's water management system
and the South Florida Water Management District requires a
natural preserve buffer be created between the lots and the
Preserve and/or Conservation tracts, the buffer shall not be
located within the boundaries of the lot(s) . It shall be
created as a separate platted tract or as a buffer easement
over an expanded limit of the Preserve and/or Conservation
tracts, which would be dedicated as Preserve and/or
Conservation/Drainage tracts, to include the buffer within the
Preserve tract. If the buffer is located within a separate
tract, that tract shall be dedicated on the plat to the
project's home owners association or like entity for ownership
and maintenance responsibilities and if necessary, to Collier
County with no responsibility for maintenance. All Preserve
and/or Conservation buffer easements or buffer tracts shall be
created in conformance with the provisions of Chapter 704.06,
Florida Statutes. y� oG
PREPARED BY: 4 ` , 1 /� ' dam- DATE: 3/8///
BARBARA N. PRY OSKI
ENVIRONMENTAL ECIALI T II
REVIEWED BY: c_ +� S DATE: 3 /, f YI
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: � / / `^' DATE: 3 9/
• HN F. MADAJDv'SKI, P. E.
rOJECT REVIE SERVICES MANAGER
STAFF REPORTS, R-90-26, ew
YOUNG, VAN ASSENDERP, VARNADOE & BENTON, P. A.
ATTORNEYS AT LAW
REPLY To:
R. BRUCE ANDERSON GALLIE'S HALL
RICHARD E.BENTON 225 SOUTH ADAMS STREET,SUITE 200
TASHA O. BUFORD POST OFFICE Box 1833
FORREST K. CLINARD Naples TALLAHASSEE,FLORIDA 32302-1833
DAVID L.COOK TELEPHONE (904) 222-7206
C.LAURENCE KEESEY TELECOPIER (904) 561-6834
G. DONALD THOMSON
KENZA VAN ASSENDERP SUN BANK BUILDING
GEORGE L. VARNADOE 801 LAUREL OAK DRIVE
ROY C. YOUNG SUITE 300
POST OFFICE BOX 7907
NAPLES,FLORIDA 33941-7907
March 28, 1991 TELEPHONE (813) 597-2814
TELECOPIER (813) 597-1060
Mr. Ron Nino
Senior Project Planner
Planning Services
114 1
Development Services Department MSR n _ 11
2800 North Horseshoe Drive / I; E� 1997 II
Naples, FL 33942 L„
Re: Petition R-90-37, Point Marco PUD
Dear Ron:
Please be advised that we wish to have the above-referenced
petition reactivated. As you know, this request was scheduled to
be heard by the Environmental Advisory Council on January 16, 1991,
and by the Planning Commission on January 17 , 1991. By copy of
this letter to John Madajewski, we are requesting a new hearing
date for EAC (preferably the next EAC meeting) . Also, please
advise when this petition will be heard by the CCPC and the Board
of County Commissioners.
Thank you for your attention to this matter and should you have any
questions, please do not hesitate to contact me.
Sincerely yours,
/7/3
3
George L. Varnadoe
GLV/mp
cc: Charles Thomas
John Madajewski-
30167A
CONTINUED TO 4/17/1991
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: /•9.9/
F Reischl
Environmental Specialist I
LREVIEWED BY: E,,,G71),. DATE: I /9 /`I/
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
0 4, t '
REVIEWED BY: ' 4 . -A/ DATE: 1i(i./
OHN F. MAD• EWSKI, P. E.
11 I•ROJECT REV `'W SERVICES MANAGER
REVISED STIPULATIONS FROM 4/17/1991 EAC MEETING
Recommendations:
Staff recommends approval of Petition PUD-80-20(1) with the following
stipulation:
1. Revise the Hideaway Beach PUD document to include:
"4. 04 . 10 DOCKS:
F) If the docking facility is constructed, a "Manatee Alert
Bulletin Board" shall be placed in a high visibility area of
the docking facility and "Manatee Area" signs shall be posted
on any channel markers installed in conjunction with the
docking facility.
G) If the docking facility is constructed, a sewage pump out
facility shall be provided, no fueling facilities shall be
allowed.
H) If the docking facility is constructed, sufficient and
adequate turbidity screening shall be provided during
construction, with locations of silt screen placement clearly
indicated on the final approved construction plans, in order
to prevent increased turbidity in surrounding waters. "
2 . Sea grass beds shall be delineated by the applicant and the
delineated line approved by Project Review Services -
Environmental Staff during the months of July or August. Sea
grass bed marker signs shall be placed near the edge of the
delineated beds and shall be placed to adequately warn boating
traffic approaching the marina from each possible route of
approach.
3 . Prior to the preliminary site development plan approval, the
applicant shall seek a letter of technical assistance from the
Florida Game and Fresh Water Fish Commission regarding
management of the on-site osprey nest. Site plan revisions may
be required to accommodate Florida Game and Fresh Water Fish
Commission recommendations.
4. The applicant must receive approval from the EAC or it's
successor body for the proposed Phase II additional docks prior
to preliminary site development approval.
5. The proposed boat ramp shall not be located north of the
proposed docking facilities.
PUD-80-20(1) , Revised Stipulations, ew
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 4/17/1991
Petition: PUD-80-20 (1) : Donald A. Pickworth of Asbell, Hains,
Doyle & Pickworth, P. A. , representing Royal Marco
Developments; requesting a PUD Amendment to "Hideaway
Beach" .
Considerations:
Petitioner is requesting changes in the Hideaway Beach PUD document to
allow private docking facilities for seventy-seven (77) boats, a boat
launch, and parking. The docking facilities are proposed to be
constructed in two phases, with the second phase being contingent upon
the results of a water quality monitoring program. This parcel of
Hideaway Beach is bordered on the west by Kendall Drive, on the north
by a Hideaway Beach Conservation Area, on the east by Collier Bay, and
on the south by Renard Waterway (a 100 foot wide finger canal) .
Recommendations:
Staff recommends approval of Petition PUD-80-20 (1) with the following
stipulation:
1. Revise the Hideaway Beach PUD document to include:
"4 . 04 . 10 DOCKS:
F) If the docking facility is constructed, a "Manatee Alert
Bulletin Board" shall be placed in a high visibility area of
the docking facility and "Manatee Area" signs shall be posted
on any channel markers installed in conjunction with the
docking facility.
G) If the docking facility is constructed, a sewage pump out
facility shall be provided, no fueling facilities shall be
allowed.
H) If the docking facility is constructed, sufficient and
adequate turbidity screening shall be provided during
construction, with locations of silt screen placement clearly
indicated on the final approved construction plans, in order
to prevent in eased turbidity in surrounding waters. "
PREPARED BY: 4gsiA• '0'9
DATE: 0.9/
FigREISCHL
RONMENTAL SPECIALIST I
REVIEWED BY: E • `) i DATE: /j1/
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
Cs _
REVIEWED BY: % ,, fr DATE: VI) (cif
JiHN F. MADAJE '`.KI, P. E.
11OJECT REVIEW SERVICES MANAGER
REVISED STIPULATIONS FROM 4/17/1991 EAC MEETING
RECOMMENDATIONS:
The existing PUD and the proposed modifications will have the
greatest impact on previously disturbed agricultural land.
The wetland will be buffered and preserved. Therefore, staff
recommends approval of petition PUD-84-25 (1) /DOA-91-3 with
revised environmental stipulations as follows:
1. A site clearing plan shall be submitted to the Collier
County Development Services Department for review and
approval prior to any work on the site. This plan may be
submitted in phases to coincide with development. The
site clearing plan shall clearly indicate how the final
site plan incorporates retained native vegetation to the
maximum extent, and how roads, buildings, lakes, parking
lots, and other facilities have been oriented to
accommodate this goal.
2 . Drought tolerant species shall be utilized to the maximum
extent in the site landscaping design. A landscaping
plan will be submitted to the Development Services
Department for review and approval. This plan will
indicate the incorporation of drought tolerant species
and their mix with other species, if any.
3 . All exotic plants, as defined in Collier County Ordinance
82-37, as amended, or a Unified Land Development Code,
shall be removed from the site during each phase of
construction. Prior to final site development plan
approval, a maintenance program shall be submitted to
Development Services for review. The implementation of
this plan shall prevent re-invasion of the site by exotic
species in perpetuity. This plan, which will describe
control techniques and inspection intervals, shall be
subject to approval by Development Services.
4 . If, during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historic site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Collier County Development
Services Department shall be notified. Development will
be suspended for a sufficient length of time to enable
the County or a designated consultant to assess the find
and determine the proper course of action. The County
will respond to any such notification in a timely and
efficient manor so as to provide only a minimal
interruption to any constructional activities.
REVISED STIPULATIONS
PUD-84-25(1) /DOA-91-3
PAGE 2
5. The cypress wetland and twenty-five (25) foot buffer
shall be delineated by the developer and field verified
by the Development Services Department prior to the
issuance of any final development order. Site plan
modifications may be required.
6. The site clearing plan shall indicate all oak (Quercus
spp. ) trees over 4" DBH. These oaks shall be retained or
transplanted on site.
7. Thirty percent (30%) of the littoral zone of each lake
shall be planted with at least three (3) native emergent
aquatic species. The locations of littoral zone
plantings with accompanying details shall be included as
part of the final site construction plans. Littoral
zone plantings must be completed prior to certificate of
occupancy of the final unit of an individual site
development plan or plat acceptance, if platting is
required.
8. The small wetland located in the south central portion of
the project shall not be divided by a water management
berm or excluded from the site's water management system
unless the applicant cannot obtain a permit from the
South Florida Water Management District to discharge
stormwater into non-isolated wetlands.
PUD-84-25 (1) /DOA-91-3, Revised Stipulations, ew
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 4/17/1991
Petition: PUD-84-25(1) /DOA-91-3: Rick Hedlund of Team Plan,
Inc. , representing Naples Associates; requesting a
PUD Amendment and a Development Order Amendment to
"Pine Air Lakes".
Considerations:
Petitioner requests a modification of approved land uses
resulting in a net reduction of 230,600 square feet of space.
No reduction in open space is requested. The property
consists of 148.99 acres currently zoned PUD. The site is
bordered on the north and west by Industrial zoning, on the
south by Commercial (C-1 and C-5) zoning, and on the east by
Airport Road, across which is the Tall Pines subdivision
(RSF-3) . Most of the site is fallow agricultural land. A
cypress wetland will be buffered and preserved.
RECOMMENDATIONS:
The existing PUD and the proposed modifications will have the
greatest impact on previously disturbed agricultural land.
The wetland will be buffered and preserved. Therefore, staff
recommends approval of petition PUD-84-25(1) /DOA-91-3 with
revised environmental stipulations as follows:
1. A site clearing plan shall be submitted to the Collier
County Development Services Department for review and
approval prior to any work on the site. This plan may be
submitted in phases to coincide with development. The
site clearing plan shall clearly indicate how the final
site plan incorporates retained native vegetation to the
maximum extent, and how roads, buildings, lakes, parking
lots, and other facilities have been oriented to
accommodate this goal.
2 . Drought tolerant species shall be utilized to the maximum
extent in the site landscaping design. A landscaping
plan will be submitted to the Development Services
Department for review and approval. This plan will
indicate the incorporation of drought tolerant species
and their mix with other species, if any.
3 . All exotic plants, as defined in Collier County Ordinance
82-37, as amended, or a Unified Land Development Code,
shall be removed from the site during each phase of
construction. Prior to final site development plan
approval, a maintenance program shall be submitted to
Development Services for review. The implementation of
this plan shall prevent re-invasion of the site by exotic
Staff Report PUD-84-25 (1) /DOA-91-3
EAC Meeting 4/17/91
Page 2
species in perpetuity. This plan, which will describe
control techniques and inspection intervals, shall be
subject to approval by Development Services.
4. If, during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historic site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Collier County Development
Services Department shall be notified. Development will
be suspended for a sufficient length of time to enable
the County or a designated consultant to assess the find
and determine the proper course of action. The County
will respond to any such notification in a timely and
efficient manor so as to provide only a minimal
interruption to any constructional activities.
5. The cypress wetland and twenty-five (25) foot buffer
shall be delineated by the developer and field verified
by the Development Services Department prior to the
issuance of any final development order. Site plan
modifications may be required.
6. The site clearing plan shall indicate all oak (Quercus
spp. ) trees over 4" DBH. These oaks shall be retained or
transplanted on site.
7. Thirty percent (30%) of the littoral zone of each lake
shall be planted with at least three (3) native emergent
aquatic species. The locations of littoral zone
plantings with accompanying details shall be included as
part of the final site construction plans. Littoral
zone plantings must be completed prior to certificate of
occupancy of the final unit of an individual site
development plan or plat acceptance, if platting is
required.
PREPARED BY: DATE: 1P,eic,3, /9 9/
F"Ek REISCHL
ENVIRONMENTAL SPECIALIST I
REVIEWED BY: �z ), bd2 -4-t-- DATE: V/3 ///
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
in
REVIEWED BY: `�' Cj14 itiAtr,t DATE: /
r
•HN F. MADAJ0 SKI, P. E.
"OJECT REVIE! SERVICES MANAGER
Staff Reports, PUD-84-25 (l) /DOA-91-3, ew
r"-• REVISED STIPULATIONS FROM 4/17/1991 EAC MEETING
Recommendations:
Two areas of concern on site include listed wildlife species
and groundwater quality. These issues can be resolved by
attaching appropriate stipulations. Staff, therefore,
recommends approval of Petition PU-91-1, subject to the j
following stipulations:
1. An approved wading bird management area shall be
established in accordance with Florida Game and Fresh
Water Fish Commission (FGFWFC) recommendations in the
north one quarter to one half of the proposed borrow pit
area unless otherwise agreed upon by FGFWFC and a letter
releasing the petitioner of these requirements is
submitted to Collier County Project Review Services
Environmental Staff prior to issuance of excavation
permits.
2 . A wading bird habitat management plan shall be developed,
approved by Florida Game and Fresh Water Fish Commission,
and implemented. Seasonal wading bird use shall be
monitored by a qualified environmental consultant to
establish success of management area.
3 . Turbidity barriers shall be used between the excavation
and wildlife management areas. No water shall be
discharged into the management area. The barriers shall
be clearly indicated on the final site construction
plans.
4. If the management area fails, the applicant shall be
responsible for off-site mitigation at a rate of 2: 1 or
as approved by FGFWFC.
5. Excavations and rock processing shall not occur within
750 feet of the wading bird management area during
woodstork nesting season. Blasting operations shall be
restricted to the non-nesting season.
6. The FGFWFC shall be extended the opportunity to review
and comment on the final configurations of the
excavations to ensure that wildlife habitat has been
adequately protected, by appropriately designed shelves
and slopes.
7. The petitioner shall provide an adjacent well survey
within the influence of dewatering drawdown. The survey
shall include location of wells, uses, depths,
withdrawals and any predicted effects the project will
have on the surrounding wells. Petitioner shall address
the potential for saltwater intrusion prior to issuance
of permits for the commercial excavation.
REVISED STIPULATIONS
PU-91-1
PAGE 2
8. Prior to issuance of excavation permits an approved
groundwater monitoring plan shall be submitted with
specified parameters, monitoring schedule, proposed
allowable variations and contingency plan if variables
exceed their allowable limits. These plans shall be
reviewed and approved by Collier County Environmental
Services hydrologists.
9. The excavations shall not exceed 20 feet in depth unless
it can be demonstrated from a comparative water quality
study that depths in excess of 20 feet will not, have a
detrimental effect on the groundwater resources in the
surrounding area. This determination must be addressed
prior to issuance of commercial excavation permits for
the site.
10. Prior to issuance of excavation permits, the applicant
must perform evening wildlife surveys for the presence of
wading bird roosting areas and solicit management
recommendations from the Florida Game and Fresh Water
Fish Commission. The limits of excavation may be revised
to comply with the Florida Game and Fresh Water Fish
Commission management recommendations.
PU-91-1, Revised Stipulations, ew
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 4/17/1991
Petition: PU-91-1: Robert K. Lockhart of Lockhart
Engineering Inc. , representing Southfield Farms
LTD, V; requesting a provisional uses 3 (a) & 3 (b)
of A-2 zoning district for earth mining, water
extraction and related processing.
Considerations:
The subject property is located on the north side of U. S. 41
approximately five miles east of the intersection with S. R.
951. The petitioner is requesting a provisional use of A-2
zoned property for a two-fold operation. The two proposed
uses on site will be a) earth mining and b) extraction of
water from the site to be used as potable water for Marco
Island.
Collier County Project Review Services Environmental Staff,
Collier County Environmental Services Hydrogeologists and
Florida Game and Fresh Water Fish Commission Staff visited
the site on January 14, 1991 and March 1, 1991, and offer the
following observations:
The subject property is the site of a previously
abandoned excavation which has created a functioning
wetland with significant wildlife value. The shallow
previously mined pit has rock and borrow piled along
the edges and scattered throughout the center. A
cypress dominated area is located to the northeast of
the pit; separated by a berm. Some of the wildlife
observed on site visits include woodstorks in large
numbers, ospreys, mallard ducks, an immature bald
eagle, little blue herons, tricolored herons, snowy
egrets, white ibis, red shouldered hawks, American
alligators with young, Florida sandhill cranes, great
blue herons and greater yellowlegs. The site contains
significant habitat for wading and diving birds and
foraging raptures.
Project Review Services Environmental Staff formally
requested a letter of technical assistance from the Florida
Game and Fresh Water Fish Commission. That letter
recommended mitigation for impacts to listed wildlife species
(attached) . Staff has included those recommendations as
stipulations.
Staff Report PU-91-1
EAC Meeting 4/17/91
Page 2
This site's proximity to the Collier County Salinity Line
(U.S. 41) poses a potential for salt water intrusion under
heavy pumping. The applicant is currently addressing this
problem with the Collier County Environmental Services
hydrogeological staff.
Recommendations:
Two areas of concern on site include listed wildlife species
and groundwater quality. These issues can be resolved by
attaching appropriate stipulations. Staff, therefore,
recommends approval of Petition PU-91-1, subject to the
following stipulations:
1. An approved wading bird management area shall be
established in accordance with Florida Game and Fresh
Water Fish Commission (FGFWFC) recommendations in the
north one quarter to one half of the proposed borrow pit
area, excluding the location of the proposed trenches,
unless otherwise agreed upon by FGFWFC and a letter
releasing the petitioner of these requirements is
submitted to Collier County Project Review Services
Environmental Staff prior to issuance of excavation
permits.
2 . A wading bird habitat management plan shall be developed,
approved by Florida Game and Fresh Water Fish Commission,
and implemented. Seasonal wading bird use shall be
monitored by a qualified environmental consultant to
establish success of management area.
3 . Turbidity barriers shall be used between the excavation
and wildlife management areas. No water shall be
discharged into the management area. The barriers shall
be clearly indicated on the final site construction
plans.
4. If the management area fails, the applicant shall be
responsible for off-site mitigation at a rate of 2: 1 or
as approved by FGFWFC.
5. Excavations and rock processing shall not occur during
woodstork nesting season.
6. The FGFWFC shall be extended the opportunity to review
and comment on the final configurations of the
excavations to ensure that wildlife habitat has been
adequately protected, by appropriately designed shelves
and slopes.
Staff Report PU-91-1
EAC Meeting 4/17/91
Page 3
7 . The petitioner shall provide an adjacent well survey
within the influence of dewatering drawdown. The survey
shall include location of wells, uses, depths,
withdrawals and any predicted effects the project will
have on the surrounding wells. Petitioner shall address
the potential for saltwater intrusion prior to issuance
of permits for the commercial excavation.
8. Prior to issuance of excavation permits an approved
groundwater monitoring plan shall be submitted with
specified parameters, monitoring schedule, proposed
allowable variations and contingency plan if variables
exceed their allowable limits. These plans shall be
reviewed and approved by Collier County Environmental
Services hydrologists.
9. The excavations shall not exceed 20 feet in depth unless
it can be demonstrated from a comparative water quality
study that depths in excess of 20 feet will not have a
detrimental effect on the groundwater resources in the
surrounding area. This determination must be addressed
prior to issuance of commercial excavation permits for
the site.
PREPARED BY: 1 aA/ a_ l. -6106,, DATE: </f /
BARBARA S. BURGESON
ENVIRONMENTAL SPECIALIST I
REVIEWED BY: - kveL1 . DATE: / /V/9/
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: , /: l,vDATE: /1/? 4I
POHN . MADAJEWSKI, P. E.
'ROJECT REVIEW SERVICES MANAGER
Staff Reports, PU-91-1, ew
FLORIDA GAME AND FRESH WATER FISH COMMISSION
f•-...\ WILLIAM G. BOSTICK,JR. DON WRIGHT THOMAS L.HIRES,SR. MRS. GILBERT W. HUMPHREY JOE MARLIN HILLIARD
Winter Haven Orlando Lake Wales Miccosukee Clewiston
s„csM w
Mf\R2 1991
ROBERT M.BRANTLY,Executive Director n a t R _
ALLAN L.EGBERT,Ph.D.,Assistant Executive Director C i
A •
Proj e;, y ,.;;„ �, r vi(,:es
110 43rd Avenue, S. w'.
Vero Beach, Florida 32968
March 19, 1991
Ms. Barbara Burgeson
Collier County Project Review Services
2800 North Horseshoe Drive
Naples, FL 33942-6917
RE: PU-91-1, Collier County, (Duda
Pit/Bass Pit - Southfield Farms Ltd.
V), SFWMD Permits #11-00782-S ,and 11-
00080-W
Dear Ms. Burgeson:
The Office of Environmental Services of the Florida Game and Fresh Water
n Fish Commission has reviewed the referenced permit, and has the following
comments and recommendations. This is in response to your request for technical
assistance dated February 1, 1991.
The applicant is requesting a permit for mining (to a 30-foot depth) of a
112-acre lake, and the construction/excavation of three rectangular trenches
located on the east, west, and south sides of the lake (total excavation is 133.5
acres) . The project is located north of U.S. 41, east of Naples. Fill would be
temporarily stockpiled on site and a rock crushing operation would be located on
the site. Water withdrawal at a permitted rate of up to 4 mgd would supplement
the public water supply of Marco Island. Other water supply production
originates from wells on Marco Island and an existing borrow pit at the
intersection of U.S. 41 and S.R. 951. Proposed phasing of the project includes
construction of the south trench first, followed by construction of the
east/west trenches, and finally construction of the borrow lake (proposed nine-
year buildout) .
The project site was previously mined (overburden removed) , resulting in
its present status as a large, shallow impoundment with one deep, 16-acre lake
area and a trench system. Some rock and borrow is piled in the shallow
impoundment. Vegetation in the impoundment includes some cattail and an
unidentified wetland grass, possibly torpedo grass. A disturbed cypress head is
located in the northeast corner of the project (separated from the pit by a
berm) . Mitigation, as permitted under the South Florida Water Management
District permit, is proposed as a planted littoral shelf of varying elevation,
50-75 feet wide on the finished borrow pit perimeter (approximately 10-15 acres
total) .
Mr. Barbara Burgeson
Page 2
March 19, 1991
The applicant's project modeling predicts a worst-case scenario of 0.6-1.5
feet ngvd water level in the borrow pit resulting from the withdrawal of 4 mgd
for 120 days without rainfall recharge. The mitigation area elevation is 2.5-3.5
ngvd. Therefore, under the applicant's modeling for worst-case, the water level
would fall significantly below the proposed mitigation area elevation. Per
discussions with Collier County staff, information used to develop the model is
incomplete or inconclusive, therefore the accuracy of the model remains in
question.
A site survey performed by Mr. Bob Lockhart (project engineer) totaling 18
hours, from January 22-February 4, 1991, listed 17 sightings of the endangered
wood stork, as well as various wading birds, osprey, mallard duck, and anhinga
(numbers not listed) . A site inspection by Collier County staff in January
resulted in the observation of 50 to 100 wood storks and other wading birds
utilizing the shallow impoundment. A site inspection by our staff with Mr.
Lockhart on March 5, 1991, resulted in the following observations (state-listed
species noted) : 12 wood storks (endangered-E) including 10 flying over the
impoundment and 2 feeding in a willow head in the southeast section of the
property, one immature bald eagle (threatened-T) perching in pines adjacent to
the pit and hunting over the impoundment, 6 little blue herons (species of
special concern-SSC) , 1 tricolored heron (SSC), 1 snowy egret (SSC), 1 white
ibis, 4 glossy ibis, 3 great blue herons, 2 great egrets, 12 anhingas, 3 common
/-•. moorhens, 1 osprey, 1 red-shouldered hawk, and 3 greater yellowlegs, as well as
tree swallows, red-winged blackbirds, and common meadowlarks. Information
received from other Game Commission staff familiar with the site indicate that
wood storks habitually utilize the site for foraging activities. Florida
sandhill crane (T) also have been observed on the site.
The shallow impoundment created by previous mining operations has created
ideal habitat for wading and diving birds and foraging raptors. Use of the site
is possibly accentuated due to the destruction of similar habitat in the area by
urban and agricultural development practices and a 3-year drought that has
reduced available habitat even further. The use of the site by several listed
species on an apparently consistent basis substantiates our conclusion that the
project site is particularly productive to wildlife. We anticipate the
following impacts to wildlife as a result of the project proposal:
1) Direct loss of listed species foraging habitat.
2) Loss of existing or created littoral foraging habitat as a result of
permanent or seasonal drawdown for public water supply.
3) Displacement of wildlife resulting from human presence and
associated construction and operation activities on the site.
In order to mitigate project impacts on listed wildlife species,
particularly the wood stork, we recommend the following:
1) A wading bird management area should be established in the north 1/4
to 1/2 of the proposed borrow pit area, excluding the location of the
proposed trenches. The management area could include a connection
to, and rehydration of the dysfunctional cypress head in the
Mr. Barbara Burgeson
Page 3
March 19, 1991
northeast project corner. These trees provide roosting habitat for
a variety of birds noted on the site.
2) A wading bird habitat management plan should be developed and should
include the following: assignment of permanent management
authority, controlled access to the management area (i.e. , no
construction traffic and minimal human intrusion) , supplemental
wetland plantings (herbaceous and shrubs such as willow) , and a
planted upland buffer on the north perimeter to shield activities on
Fritchey Road. Seasonal wading bird use should be monitored by a
qualified environmental consultant to establish the success of the
management area.
3) Shelves or depressions of varying bottom elevations deeper than
those proposed should be constructed to buffer the project from the
effects of larger water table drawdowns than predicted by the
project modeling. These excavations should occur in a portion of
the management area. A "deep water refuge" for forage fish could be
established in the management area by excavation of a small
perimeter ditch along the north project boundary. This ditch would
also contribute to isolating the management area from upland
predators.
4) A turbidity barrier (possibly a temporary fill road) should be
maintained between project excavations and the management area. No
pumping from borrow areas into the management area should be
allowed.
5) Should the management area design fail because of conditions
attributable to the current water use permit or possible increases
in water withdrawal, the applicant should agree to off-site habitat
mitigation on a 2:1 basis.
6) Project construction schedules should avoid the wood stork nesting
season to the maximum extent possible, so that birds feeding young
in area rookeries will be able to forage undisturbed.
We expect continued negotiation for mitigation of project impacts to occur
in conjunction with a pending U.S. Army Corps of Engineers permit for the project
site. Please contact our Punta Gorda office if you have any questions.
Sincerely,
416:t' 414444-
Brian S. Barnett
South Florida Section Leader
BSB/RD/rs
ENV 2-1-1/2
t-y Mr. Barbara Burgeson
Page 4
March 19, 1991
CC: USFWS, Vero Beach
USACOE, Ft. Myers
Ms. Karen Johnson, SFWMD, Ft. Myers
Mr. Stuart Bradow, SFWMD, West Palm Beach
Mr. Bob Lockhart
Lockhart Engineering, Inc.
1361 Lakeshore Drive
Naples, FL 33940
Southfield Farms Ltd. V
P.O. Box 15255
West Palm Beach, FL 33416
PROJECT REVIEW BERVICEB
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 4/17/1991
Petition: R-91-5/SMP-91-5: Robert L. Duane of Hole, Montes
& Associates, Inc. , representing Daniel R. Monaco,
Trustee; requesting a zoning change from A-2 to
PUD and Subdivision Master Plan approval for
"MOCAKE" .
Considerations:
The petitioner requests a change from A-2 to PUD/subdivision
(commercial) for the purposes of subdividing 7.8 acre parcel
into six tracts. Five tracts are proposed to be developable
lots, and the sixth tract is proposed to be a water
management/wetland preservation tract. The subject property
is an undeveloped, rectangular shaped parcel of land located
in Section 30, Township 48 South, Range 26 East approximately
six hundred (600) feet east of the intersection of I-75 and
Immokalee Road (C. R. 846) , Collier County, Florida. Average
depth to water table is 2.0 feet (Source: Hole, Montes, and
Associates, Inc. ) .
The reader is referred to the Southern Biomes, EIS,
Environmental Impact Statement dated 1/16/91, pages 1-2 for a
description of the major vegetation communities on site.
Pages 4 -7 describe proposed wetland and upland impacts. A
site visit was made on March 19, 1991 by Barbara N. Prynoski,
Project Review Services Environmental Staff and Geza Wass de
Czege, Southern Biomes, EIS. Staff concurs with the
vegetative mapping. Collier County wetland lines were
previously approved by Barbara Burgeson, Project Review
Services Environmental Staff.
Proposed impacts to Collier County wetlands are 0.24 acres of
the 2. 07 acres of wetlands claimed. Mitigation is proposed.
Wetlands to be preserved and those wetlands to be enhanced in
the mitigation areas will be restored and/or enhanced by
means of restoration of hydrology, exotic vegetation removal
and re-vegetation with indigenous species, as proposed by the
petitioner. Wetland preserves will be incorporated into the
water management system.
Staff Report R-91-5/SMP-91-5
1)-9-) A
EAC Meeting 4-17-1991
Page 2
Recommendations:
In consideration of the above, Staff recommends approval of
Petition R-91-5/SMP-91-5 with the following stipulations:
1. Preserve areas and any approved mitigation areas shall
be surveyed prior to final site plan approval and
indicated on the final plat as separate tracts and shall
be dedicated in conformance with the provisions of
Chapter 704. 06, Florida Statutes.
2 . 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.
(a) Mitigation for impacts to Collier County
jurisdictional wetlands shall be calculated at a
minimum ratio of 1. 5 to 1. Petitioner shall change
PUD Section VIII, Environmental Standards (8 . 1) (B)
to reflect this.
(b) Mitigation shall include, but not be limited to,
restoration of historical hydroperiod,
re-vegetation and shall include a long term
management plan.
3 . The water management system shall be controlled at the
lichen line/water mark elevation or other biological
indicator(s) of the adjacent wetland.
4 . No decreases to the preserve areas shall occur. No
impacts to Collier County jurisdictional wetlands shall
occur unless mitigation for the proposed impacts is
deemed adequate by Project Review Services and all
mitigation is completed prior to acceptance of the plat.
Mitigation plans must be reviewed and approved as part
of the final construction plans.
5. PUD language (4 .4) (3 .D) shall be changed to read (D)
Preserve Area - At least fifteen (15) feet landward from
the edge of the preserve in all places and average
twenty-five (25) feet from the landward edge of the
preserve.
6. The buffer (setback) created between the preserve(s) and
other tracts (lots) shall not be located within the
boundaries of the other tracts or lots. It shall be
created as a separate platted tract or as a buffer
easement over an expanded limit of Preserve tract(s) ,
Staff Report R-91-5/SMP-91-5
EAC Meeting 4-17-1991
Page 3
which would be dedicated as Preserve/Drainage tracts, to
include the buffer within the Preserve tract. If the
buffer is located within a separate tract, that tract
shall be dedicated shall be dedicated on the plate to
the project's home owner association or like entity for
ownership and maintenance responsibilities and if
necessary, to Collier County with no responsibility for
maintenance. All buffer easements or buffer tracts
shall be created in conformance with the provisions of
Chapter 704 . 06, Florida Statutes.
7. An exotic removal, monitoring and maintenance
(exotic-free) plan for the site shall be submitted to
the Environmental Staff of Project Review Services for
review and approval prior to final site plan approval.
)7
PREPARED BY: " 1 ,�` , , DATE: /// /y''
BARBARA N. PRI NOSKI
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: ID. W ATE: `
/4/1?
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
LA , i
REVIEWED BY: i , iLLLDATE: q/
IOHN F. MADAJ."SKI, P. E.
'ROJECT REVIEW; SERVICES MANAGER
Staff Reports, R-91-5/SMP-91-5, ew
REVISED STIPULATIONS FROM 4/17/1991 MEETING
Recommendations:
Staff recommends approval of Petition R-91-5/SMP-91-5 with
the following stipulations:
1. Preserve areas and any approved mitigation areas shall
be surveyed prior to final site plan approval and
indicated on the final plat as separate tracts and shall
be dedicated in conformance with the provisions of
Chapter 704. 06, Florida Statutes.
2 . 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.
3 . The water management system shall be controlled at the
lichen line/water mark elevation or other biological
indicator(s) of the adjacent wetland.
4. No decreases to the preserve areas shall occur. No
impacts to Collier County jurisdictional wetlands shall
occur unless mitigation for the proposed impacts is
deemed adequate by Project Review Services and all
mitigation is completed prior to acceptance of the plat.
Mitigation plans must be reviewed and approved as part
of the final construction plans.
5. PUD language (4.4) (3 .D) shall be changed to read (D)
Preserve Area - At least fifteen (15) feet landward from
the edge of the preserve in all places and average
twenty-five (25) feet from the landward edge of the
preserve.
6. Should the South Florida Water Management District
(SFWMD) , during it's permit review process, require a
natural vegetative buffer be created between the lots
and any jurisdictional wetland Preserve and/or
Conservation tract, the buffer shall not be located
within the boundaries of the lot(s) . It shall be
created as a separate platted tract or as a buffer
easement over an expanded limit of the Preserve tracts,
which would be dedicated as Preserve/Drainage tracts, to
include the buffer within the Preserve tract. If the
buffer is located within a separate tract, that tract
shall be dedicated on the plat to the project's
homeowners association or like entity for ownership and
maintenance responsibilities and if necessary, to
Collier County with no responsibility for maintenance.
All Preserve buffer easements or buffer tracts shall be
created in conformance with the provisions of Chapter
REVISED STIPULATIONS
R-91-5/SMP-91-5
PAGE 2
704. 06, Florida Statutes. If the SFWMD relieves the
County, in a manner satisfactory to the County, of
maintenance and enforcement responsibilities, the buffer
may be located on lots and the following stipulation
will apply in place of the foregoing stipulation.
6. If (a) the SFWMD jurisdictional wetlands are utilized as
part of the project's water management system, and (b)
the SFWMD requires a natural upland buffer adjacent to
wetlands, the buffer shall be included in the
conservation tract or otherwise protected in accordance
with applicable ordinances or regulations. If the
buffer is located within a separate tract, that tract
shall be dedicated on the plat to the project's
homeowners association or other similar entity for
ownership, maintenance and enforcement responsibilities
with adequate safeguards to ensure that those
responsibilities run with the land. If the buffer is
located on lots of development tracts, adequate
safeguards shall be established to provide for
enforcement of clearing/alteration restrictions, with
adequate safeguards to ensure that those
responsibilities run with the land, that are acceptable
to the SFWMD and Collier County.
7. An exotic removal, monitoring and maintenance
(exotic-free) plan for the site shall be submitted to
the Environmental Staff of Project Review Services for
review and approval prior to final site plan approval.
R-91-5/SMP-91-5, Revised Stipulations, ew
� l
REVISED STIPULATIONS FROM 4/17/1991 EAC MEETING
Recommendations:
Staff recommends approval of Petition PUD-87-12 (1) with the
following stipulations.
1. Petitioner shall make the following changes to the
PUD-87-12 (1) document:
a) Change proposed language of 3 . 05.07 to read:
3 .05.07 The foregoing standards, with the exception of
setbacks to preserve areas, may be waived by_
the Development Services Director in any
Development Parcel where a site development
plan is approved for an entire Development
Parcel which shows the position and
relationships of all proposed structures.
b) Change proposed language of 4. 05 to read:
4. 05 The foregoing standards, with the exception of
setbacks to preserve areas, may be waived by_
the Development Services Director in anv
Development Parcel where a site development
plan is approved for an entire Development
Parcel which shows the position and
relationships of all proposed structures.
c) Delete all proposed language changes to Section 8.
Section 8 shall remain as approved in PUD-87-12.
d) Change all references to Natural Resources
Management Department to Development Services
Department, Project Review Services.
e) Change Environmental Stipulation 9.02 F (10) to
read:
F(10) If any re-design of any portions of the project
is required in order to accommodate individuals
or populations of protected species. Developer
shall propose such changes as may be warranted
to the Master Development Plan, i.e. boundaries
for residential development parcels and the
location of internal roads may be modified
and/or relocated and approved. Such changes
may be approved administratively by the
Planning Services Directors (with advice and
approval from Project Review Services
Environmental Staff) without further approval
by the Planning Commission or Board of County_
REVISED STIPULATIONS
PUD-87-12 (1)
PAGE 2
Commissioners provided that (i) the boundaries
to the preservation and proposed open
space/conservation tracts are not altered and
(ii) external entrances are not modified. The
petitioner will cooperate with the Natura3
Reseurees---Management--Begartment Development
Services Department, Project Review Services to
develop an "inter development" (i.e. , Little
Hickory Shores, Bonita Shores, Lely Barefoot
Beach, Audubon) plan for boat traffic
management promoting the preservation of
estuarine resources affected by the
subdivisions and their associated boat traffic,
if any future boat docking or launching
facilities are proposed.
2 . PUD-87-12 (1) shall be subject to all environmental
ordinances in effect at the time of final development
order approvals, unless otherwise exempted by PUD
ordinance 87-12, as amended.
3 . Where applicable, the master plan of R-91-4/SMP-91-7 and
PUD-87-12 (1) and associated documents shall be changed
prior to submittal to the Collier County Board of County
Commissioners to reflect the aforementioned stipulations.
PUD-87-12 (1) , REVISED STIPULATIONS, ew
/'� PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 4/17/1991
Petition: PUD-87-12 (1) : Robert H. Flinn of Audubon Joint
Venture; requesting a PUD Amendment to Audubon
Country Club.
Considerations:
Audubon Country Club PUD, Ordinance No. 87-77 is proposed to
be amended too (1) delete a portion of the property located
in the northwest corner of the Audubon property (PUD) and to
(2) change the PUD document language. The reader is
referred to the submitted report titled "Amended and Restated
PUD document for Audubon Country Club a Planned Residential
Community", pg. iii for a statement of background.
R-91-4/SMP-91-7 is a companion file to PUD-87-12 (1) . R-91-4
(Dolphin cove is the 5.25 acre parcel requested to be deleted
in PUD-87-12 (1) .
The proposed deletion of 5.25 acres results in a decrease in
intensity and minimization of wetland impact(s) due to the
deletion of a proposed road. The Audubon PUD had proposed an
access road through jurisdictional wetlands to the northwest
parcel. Staff approves of the deletion as proposed in
PUD-87-12 (1) of the northwest parcel. Staff is not in
agreement with certain proposed language changes. Staff
recommended stipulations address these concerns.
Recommendations:
In consideration of the above, Staff recommends approval of
Petition PUD-87-12 (1) with the following stipulations.
1. Petitioner shall make the following changes to the
PUD-87-12 (1) document:
a) Change proposed language of 3.05. 07 to read:
3.05.07 The foregoing standards, with the exception of
setbacks to preserve areas, may be waived by_
the Development Services Director in anv
Development Parcel where a site development
plan is approved for an entire Development
Parcel which shows the position and
relationships of all proposed structures.
Staff Report PUD-87-12 (1)
EAC Meeting 4/17/1991
Page 2
b) Change proposed language of 4.05 to read:
4.05 The foregoing standards, with the exception of
setbacks to preserve areas, may be waived by_
the Development Services Director in anv
Development Parcel where a site development
Plan is approved for an entire Development
Parcel which shows the position and
relationships of all proposed structures.
c) Delete proposed language changes in 8.02 A (6) and
retain original language of 8.02 A (6) along with the
associated footnote (page 8-1) . Delete 8.02 B (2) .
d) Change proposed language in 8.03 to read:
8.03 PERMITTED USES - PRESERVATION AREAS
Uses shall be subject to protective covenants
as per Florida Statutes Chapter 704.06 and the
Florida Department of Environmental Regulation
permit, whichever is the more restrictive.
e) Delete the 8.03 A 1-9 (Permitted Uses)
f) Change all references to Natural Resources
Management Department to Development Services
Department, Project Review Services.
g) Change Environmental Stipulation 9. 02 F (10) to
read:
F(10) If any re-design of any portions of the project
is required in order to accommodate individuals
or populations of protected species, Developer
shall propose such changes as may be warranted
to the Master Development Plan. Such changes
may be approved by the Planning Services
Directors (with advice from Project Review
Services Environmental Staff) without further
approval by the Planning Commission or Board of
County Commissioners provided that (i) the
boundaries to the preservation and proposed
open space/conservation tracts are not altered
and (ii) external entrances are not modified.
The petitioner will cooperate with the Natural
Reaeurees---Management--Bepartuent Development
Services Department, Project Review Services to
Staff Report PUD-87-12 (1)
EAC Meeting 4/17/1991
Page 3
develop an "inter development" (i.e. , Little
Hickory Shores, Bonita Shores, Lely Barefoot
Beach, Audubon) plan for boat traffic
management promoting the preservation of
estuarine resources affected by the
subdivisions and their associated boat traffic.
2 . PUD-87-12 (1) shall be subject to all environmental
ordinances in effect at the time of final development
order approvals, unless otherwise exempted by PUD
ordinance 87-12, as amended.
3 . Where applicable, the master plan of R-91-4/SMP-91-7 and
PUD-87-12 (1) and associated documents shall be changed
prior to submittal to the Collier County Board of County
Commissioners to reflect the aforementioned stipulations.
PREPARED BY: ` r '�~ 1A-v 2L DATE: '$1/5-:41BARBARA N. PRYNOSKI
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: �,tz b, ,/ DATE: L/ / / /
ERIC D. WORS •
CHIEF ENVIRONMENTAL SPECIALIST
L
REVIEWED BY: 1I rl . ! DATE: 8 f1(
II OHN F. MA,iAJEWSKI, P. E.
PROJECT REVIEW SERVICES MANAGER
Staff Reports, PUD-87-12 (1) , ew
REVISED STIPULATIONS FROM 4/17/1991 EAC MEETING
Recommendations:
Staff recommends approval of Petition R-91-4/SMP-91-7 with
the following stipulations.
1. The petitioner shall request an exception to the
subdivision regulations to decrease the right-of-way and
cul-de-sac width requirements to avoid or minimize
impacts to the Collier County/Florida Department of
Environmental Regulation jurisdictional wetland. Any
unavoidable proposed impacts to Collier County
jurisdictional wetlands shall be subject to review and
approval by Project Review Services - Environmental Staff
and shall be subject to the mitigation ratios and
requirements of Appendix 7 of the South Florida Water
Management District rules. Mitigation areas shall be
surveyed prior to construction plan approval and
designated as a conservation easement(s) and or tract(s)
on the final plat with protective covenants pursuant to
Florida Statutes Chapter 704.06.
2 . Wetland preserve/conservation areas shall be designated
as preserve areas and surveyed prior to final
construction plan approval. Protective covenants shall
be according to Florida Statues Chapter 704. 06 and shall
be so indicated on the plat and/or construction plans
under "Notes" . Said conservation easement(s) shall be
recorded in the Public Records of Collier County.
3 . The petitioner shall submit a detailed shoreline
stabilization/erosion control and mangrove protection
plan to Project Review Services - Environmental Staff
with the construction plan submittal.
4. Slash pines not in the line of construction shall be
protected and retained. Cabbage palms shall be retained
or transplanted on site.
5. The petitioner shall indicate on an aerial the location
of the bald eagle nest within the Audubon PUD and
reference subject site's distance from said nest. If the
subject site is within the primary or secondary zone of
protection as defined by U. S. Fish and Wildlife Service
Bald Eagle Management Guidelines, the petitioner shall
submit to Project Review Services - Environmental Staff a
Bald Eagle Management/Protection Plan which has been
approved by the Florida Game and Fresh Water Fish
Commission prior to final construction plan approval.
REVISED STIPULATIONS
/'� R-91-4/SMP-91-7
PAGE 2
6. Should any docks be proposed now or in the future, the
petitioner shall submit said plan(s) to Project Review
Services, for approval prior to issuance of building
permits for the docks. A manatee protection plan shall
be required with and for any or all submittals.
7. An exotic vegetation removal, monitoring and maintenance
(exotic-free) plan for the site shall be submitted to
Project Review Services - Environmental Staff for review
and approval prior to final construction plan approval.
8. R-91-4/SMP-91-7 shall be subject to all environmental
ordinances in effect at the time of final development
order approvals, unless otherwise exempted by this
document.
9. Where applicable, the master plan of R-91-4/SMP-91-7 and
PUD-87-12 (1) and associated documents shall be changed
prior to submittal to the Collier County Board of County
Commissioners to reflect the aforementioned stipulations.
10. The petitioner shall cooperate with the Development
Services Department, Project Review Services, to develop
an "inter development" (i.e. , Little Hickory Shores,
Bonita Shores, Lely Barefoot Beach, Audubon) plan for
boat traffic management promoting the preservation of
estuarine resources affected by the subdivisions and
their associated boat traffic.
R-91-4/SMP-91-7, Revised Stipulations, ew
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 4/17/1991
Petition: R-91-4/SMP-91-7: Reed Jarvi/Steve Ball of Agnoli,
Barber & Brundage, Inc. , representing Dolphin Cove
Partnership; requesting a zoning change from PUD
to RSF-3 and Subdivision Master Plan approval for
"Dolphin Cove".
Considerations:
The petitioner requests a rezone from PUD to RSF-3 and
Subdivision Master Plan (SMP) approval for eleven (11)
residential lots. The subject property is an undeveloped,
rectangular shaped (250± feet x 900± feet) 5.25 acre parcel
located adjacent to Little Hickory Bay in the Bonita Shores
area off West Avenue. Elevations range from three (3) feet
to seven (7) feet. This site was originally part of the
Audubon PUD and is being removed through a planned unit
development amendment {PUD-87-12 (1) } . The reader is referred
to rezone/SMP packet Section 4 for a location map and aerial,
indicating Department of Environmental Regulation/ Collier
County jurisdictional wetlands. The jurisdictional wetlands
are on the southern boundary of the site and abut land
designated in the Audubon PUD Ordinance No. 87-12 as
Preserve. To the west of the subject project is Little
Hickory Bay, to the east is West Avenue and to the north is a
man made canal.
The proposed land use represents a decrease in intensity and
minimization of impact(s) to the mangrove wetland system.
The Audubon PUD had originally proposed an access road
through the aforementioned jurisdictional wetlands to the
north/west corner of the PUD (subject parcel) . This road
will be deleted by the planned unit development amendment.
The subject parcel's vegetation indicates previous
disturbance, most likely due to the dredging of the canal on
the north property line. Brazilian pepper (Schinus
terebinthifolius) and grape vine (Vitis sp. ) is common to
dominant in certain areas. Melaleuca (Melaleuca
quinquenervia) is also present, as well as disturbance
herbaceous species. The site does have mature slash pine
(Pinus elliotti var. densa) and occasional cabbage palms
(Sabal palmetto) . The pines are primarily situated in the
area of the proposed right-of-way.
The bank along the canal is basically an unvegetated slope
with occasional red mangroves (Rhizophora mangle) and white
mangroves (Laguncularia racemosa) . The opposite shoreline
is seawalled to a large extent. The bank along the Little
Hickory Bay property line is vegetated with mangroves and the
petitioner has agreed to riprap the bank and preserve the
existing mangroves.
Staff Report R-91-4/SMP-91-7
EAC Meeting 4/17/91
Page 2
The right-of-way, especially in the area of the cul-de-sac
does encroach, though minimally, into the Collier County
jurisdictional wetland. It is recommended that the
petitioner request from Project Review Services an exception
to the subdivision regulations to allow a forty (40) foot
right-of-way and a eighty (80) foot diameter cul-de-sac due
to environmental concerns.
Environmental concerns related to R-91-4/SMP-91-7 are as
follows:
1. wetland encroachment and shoreline mangroves
2. retention of native vegetation as required by Collier
County Ordinance No. 89-58
3. bank stabilization
4. wildlife
- manatee protection if docks are proposed
- bald eagles (A nesting pair of bald eagles has recently
been confirmed on the Audubon PUD property. )
This petition is a companion file to PUD-87-12 (1) (Audubon
Country Club PUD amendment) .
Recommendations:
In consideration of the above, Staff recommends approval of
Petition R-91-4/SMP-91-7 with the following stipulations.
1. The petitioner shall request an exception to the
subdivision regulations to decrease the right-of-way and
cul-de-sac width requirements to avoid or minimize
impacts to the Collier County/Florida Department of
Environmental Regulation jurisdictional wetland. Any
unavoidable proposed impacts to Collier County
jurisdictional wetlands shall be subject to review and
approval by Project Review Services - Environmental Staff
and shall be subject to the mitigation ratios and
requirements of Appendix 7 of the South Florida Water
Management District rules. Mitigation areas shall be
surveyed prior to construction plan approval and
designated as a conservation easement(s) and or tract(s)
on the final plat with protective covenants pursuant to
Florida Statutes Chapter 704.06.
2. Wetland preserve/conservation areas shall be designated
as preserve areas and surveyed prior to final
construction plan approval. Protective covenants shall
be according to Florida Statues Chapter 704.06 and shall
be so indicated on the plat and/or construction plans
under "Notes" . Said conservation easement(s) shall be
recorded in the Public Records of Collier County.
Staff Report R-91-4/SMP-91-7
EAC Meeting 4/17/91
Page 3
3 . The petitioner shall submit a detailed shoreline
stabilization/erosion control and mangrove protection
plan to Project Review Services - Environmental Staff
with the construction plan submittal.
4. Slash pines not in the line of construction shall be
protected and retained. Cabbage palms shall be retained
or transplanted on site.
5. The petitioner shall indicate on an aerial the location
of the bald eagle nest within the Audubon PUD and
reference subject site's distance from said nest. If the
subject site is within the primary or secondary zone of
protection as defined by U. S. Fish and Wildlife Service
Bald Eagle Management Guidelines, the petitioner shall
submit to Project Review Services - Environmental Staff a
Bald Eagle Management/Protection Plan which has been
approved by the Florida Game and Fresh Water Fish
Commission prior to final construction plan approval.
6. Should any docks be proposed now or in the future, the
petitioner shall submit said plan(s) to Project Review
Services, for approval prior to issuance of building
permits for the docks. A manatee protection plan shall
be required with and for any or all submittals.
7 . An exotic vegetation removal, monitoring and maintenance
(exotic-free) plan for the site shall be submitted to
Project Review Services - Environmental Staff for review
and approval prior to final construction plan approval.
8. R-91-4/SMP-91-7 shall be subject to all environmental
ordinances in effect at the time of final development
order approvals, unless otherwise exempted by this
document.
9. Where applicable, the master plan of R-91-4/SMP-91-7 and
PUD-87-12 (1) and associated documents shall be changed
prior to submittal to the Collier County Board of County
Commissioners to reflect the aforementioned stipulations.
PREPARED BY: / nA .
/ DATE: 7/47
BARBARA N. •RYNOSKI
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: C � 1. ... DATE: 1/4/47/
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
II ,"
REVIEWED BY:: A 4 /
I DATE: LI $'R I
' OHN F. MADiJEWSKI, P. E.
•ROJECT REV EW SERVICES MANAGER