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EAC Agenda 05/15/1991 ENVIRONMENTAL ADVISORY COUNCIL AGENDA May 15, 1991 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. PUD-86-17 (1) : Kathleen C. Passidomo of Harter, Secrest and Emery, representing Levitt Homes at Emerald Lakes, Inc. ; requesting a PUD Amendment to "Bridget Lake". V. OLD BUSINESS VI. PUBLIC HEARINGS A. PUD-86-9 (1) /SMP-91-9: Steven Ball of Agnoli, Barber & Brundage, Inc. , representing Archie Meinerz; requesting a PUD Amendment and Subdivision Master Plan approval for "Dove Pointe" . VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP A. Proposed Coastal Barrier Management Plan ****************************************fit*********'*********** NOTES: A. Notify PROJECT REVIEW SERVICES (Environmental Staff) (643-8470) no later than 5 P.M. on Monday May 13, 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 : April 17 , 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 Worsham X Turrell X Reischl X Addison X Madajewski X Neale ABS . MINUTES BY: Debby Farris and Wanda Arrighi , Deputy Clerks CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 12 : 55 P.M. PRESIDING : David Addison /""N ADDENDA TO THE AGENDA: Mr . Addison APPROVAL OF MINUTES : March 20, 1991 Page 1 J 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. a 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: 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. ********** *********** ********** ************************************************************* es i".R�`.Y� a4*'�'rr `.. .):r�` ,'7. . . . w w.., .R`,S-v_`,_. 1 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 ***** ITEM: APPROVAL OF MINUTES MOTION: Made by Mr. Brown to approve the Minutes of March 20 1991 . Seconded by Mr. Turrell. Carried 4/0. ***** ITEM: OLD BUSINESS PETITION NO. R-90-26 FILED BY/FOR: 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" REPRESENTED BY: Robin Blandy, Land Planner COMMENTS: Ms. Blandy reported this item is a 190 + acre site zoned A-2 and A-2 ST located north of Imperial Golf Estates, west of the Livingston Road Country Club, and east of U. S . 41 . She stated the proposed den- sity is 2 . 1 dwelling units per acre, with a maximum of 390 units . She said there is a total of 47 acres of conservation and open space; 20 acres of lake (which total 67 acres) ; and then 47 additional acres within the residential tracts. She indicated there are 47 acres of wetlands, 12 acres of which are heavily impacted with exotics. She recapped the proposed mitigation for the project . Regarding proposed stipulations, she reported the following: #Land #2 are okay; #3 (c) needs amending by addi- tion of words "unless otherwise required by state or federal jurisdictional agencies" to read, " . . . . or excavation for said activity( ies) is involved, unless otherwise required by state or federal . . . . " ; #4 is resolved from the original sti- pulation as a location for a possible road crossing has been found which staff indicates is more of an upland pine canopy; #5 & #6 are okay; and that #7 prompts concern. Regarding #7, Arthur Pritzker, Field Biologist , pointed out that there is no difference of opinion at this time, but that 10 years is a rather Page 2 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 questionable period of time for which data may be available. Mr . Madajewski commented that the applicant is attempting to obtain an easement from their neigh- bors, the Livingston Road Country Club, to be able to have a continuous functioning strip of wetlands between the two projects but that there is the possibility that this attempt would be unsuccess- ful and, therefore, a berm might be required on this project . Mr. Worsham stated that any sort of berm is going to be disruptive and, therefore, staff is opposed to that concept , but have been unable to come up with a satisfactory solution. He expressed a desire for a pattern to be developed to address this situation as additional projects come in. Following further discussion, Ms. Blandy summarized #7 should read, "Control structures shall be set at or above biological indicators ( i .e. lichen lines) of the adjacent wetlands, and reasonable assurance shall be provided to promote successful restora- /'• tion/preservation and/or enhancement of the wetlands" . She stated #8 through #11 are fine, but that #12 should be further amended by insertion of the language, "If South Florida Water Management District relieves the County, in a manner satisfac- tory to the County, of maintenance " MOTION: Made by Mr. Turrell to recommend revision of the stipulations to R-90-26 with the amended stipula- tions Nos. 3(c) , 7 and 12. Seconded by Dr. Martin. Carried 4/0. STIPULATIONS: 1 . A minimum of twenty-five percent ( 25%) of the entire 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 Page 3 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 verified by Collier County Project Review Services - Environmental Staff prior to and as part of the SDP/SMP approval . 3 . (a) Wetlands proposed as conservation areas shall be field verified and approved by Project Review Services - Environmental Staff , prior to SMP approval and surveyed prior to final SMP approval and shall be designated as conservation easement (s) on the final plat . Proposed impacts to juris- dictional wetlands, as indicated on the PUD Master Plan, dated March 4, 1991 , may require adjustments to conform to the field delineated conservation area boundaries . (b) Protective covenants relating to said con- servation easements 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. (c) Petitioner shall amend the Dynabel PUD document dated July, 1990, Section IV, 4 .02A to read that permitted uses in con- servation areas shall be limited to exotic vegetation removal as required by Collier County Ordinance No. 82-37 , as amended by Ordinance No. (s) 82-113 and 89-53, elevated wooden boardwalks, elevated wooden obser- vation platforms, pervious nature trails constructed at grade, and utilization for stormwater management/retention as a seco- ndary function providing that no dredging, filling or excavation for said activi- ty(ies) is involved, unless otherwise required by state or federal jurisdictional agencies. Said boardwalks, platforms and/or trails shall be designed to avoid the removal of native vegetation to the maximum extent possible, and shall be field located by the applicant and approved by Collier County Project Review Services - Environmental Staff . 4 . No encroachment or construction activity n ( including roads, structures, lakes, etc . ) Page 4 t ' { r ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 shall occur within the designated conservation areas. Any future proposed roads or other impacts to the conservation area(s) than those indicated on the 3/4/91 PUD Master Plan, must be within upland area(s) , as defined by the Florida Department of Environmental Regulation criteria and comply with all applicable Collier County standards/requirements . If a road crossing is allowed under the aforementioned conditions, the petitioner shall apply for an exemption from the subdivision master plan regulations to narrow the road to fit within the defined upland corridor . No encroachment into the Collier County jurisdictional area(s) shall be allowed for said road. 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 Appendix 7 of the South Florida Water Management District rules . Mitigation areas shall be identified and treated in the same manner as wetland conservation areas as described in Environmental Stipulation Number 3 . 7 . Control structures shall be set at or above biological indicators ( i .e. lichen lines) of the adjacent wetlands, and reasonable assurance shall be provided to promote 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. Page 5 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 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 spe- cies 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 South Florida Water Management District , during its 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 asso- ciation or like entity for ownership and main- tenance responsibilities and, if necessary, to Collier County with no responsibility for main- tenance. All Preserve buffer easements or buffer tracts shall be created in conformance with the provisions of Chapter 704 . 06 , Florida Statutes. If South Florida Water Management District 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: Page 6 • ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 If (a) the South Florida Water Management District jurisdictional wetlands are utilized as part of the project ' s water management system, and (b) the South Florida Water- Management District requires a natural upland buffer adjacent to wetlands, the buffer shall be included in the conservation tract or other- wise 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 respon- sibilities run with the land, that are accep- table to the South Florida Water Management District and Collier County. ***** PETITION NO. R-90-37 FILED BY/FOR: 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" REPRESENTED BY: George L . Varnadoe COMMENTS: DURING THE VOTE ON THIS ITEM, MR. TURRELL ANNOUNCED HE ABSTAINED FROM VOTING, BUT FAILED TO PROVIDE THE RECORDER WITH FORM 4 MEMORANDUM OF VOTING CONFLICT Attorney Varnadoe presented a map to which he made various comments and proceeded to recap the pro- posed project . In answer to Mr . Addison' s question regarding public parking, Mr . Varnadoe reported that in 1981 the Commission determined that the beach access previously dedicated in the late ' 60s was all that Page 7 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 was necessary. He reported that there is a 20 ' beach access along the north edge of the property line which was deed in 1984 to the County, at its request , presently developed with a beach dune walk-over and a boardwalk. He stated that the beach access is a public one, but the dedication has a reverter clause that dictates it reverts to the owner if and when used in conjunction with a public parking facility, either adjacent to it or reasonably approximate to it . In answer to Mr . Addison' s question of whether this would qualify Marco for federal funds for beach renourishment , Mr . Varnadoe voiced his opinion that he does not think so and added that he has asked the County Attorney' s Office to answer to that question. Mr. Worsham commented that initially staff had pro- vided a stipulation addressing public parking but , upon becoming aware of the reverter clause, dropped same. MOTION: Made by Mr. Brown to accept R-90-37 as presented. Seconded by Dr. Martin. Carried 3/0 (Mr. Turrell abstained) . ***** PETITION NO. PUD-80-20( 1 ) FILED BY/FOR: Donald A. Pickworth of Asbell , Hains, Doyle & Pickworth, P.A. , representing Royal Marco Developments REQUESTING: PUD Amendment to "Hideaway Beach" to allow private docking facilities for seventy-seven (77) boats, a boat launch, and parking REPRESENTED BY: Sam Holland COMMENTS: Ms. Holland recapped the proposed project and stated that the Petitioner had no problem with the three stipulations proposed by staff . Mr . Reischl reported that the manatee comment con- tained in item "F" of the proposed stipulations is basically following the guidelines we have in lieu of any Ordinance. Page 8 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 Dr . Martin questioned what considerations have been given for the active on-site osprey nest , located in the middle of the proposed construction site, adding he had personally visited the site within the past few days. Ms. Holland stated that she was not aware of an active osprey nest on-site. Craig Schmitler, Senior Biologist of the Naples Office of Wilson, Miller, Barton & Peek, Inc . , com- mented that the osprey nest was located in the mangroves north and west of the existing site. In answer to Mr . Addison, Mr . Schmitler stated there are no seagrasses in the area of the dock, but that they found a few in the canal when they visited the area in June or July as well as north of the dock in Collier Bay. He reported there is not much shallow littoral zone habitat . He stated they did a bathymetrical survey through the canal to the existing navigation channel, finding water depths in excess of 5 ' at low tide and one reading at a depth of 4 ' 8" at low tide. Mr . Brown voiced his concern that the Petitioner is proposing a two phase development but stating that eventually there could be 77 boat docks and a 10 car parking area for the whole 77 slips. Mr . Madajewski interjected that any docking faci- lity has to have a commensurate amount of parking slips based on the Zoning Ordinance. Ms. Holland reported that the County had requested the boat ramp not be located on the south side of the dock. Raymond Harris, Royal Marco Developments, clarified that presently the boat dock ramp is proposed to be located within the dredged canal area on the south side, but the County is recommending that it be relocated. He outlined the options for complying with the County' s request . Barbara Cawley of Wilson, Miller, Barton & Peek, Inc . , said the canal is not in DNR jurisdiction, and there is no DNR permitting inside the canal . She reported having permits by DER and the Corp of Engineers . Page 9 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 Discussion took place at this time regarding which portions constituted Phase I and Phase II . Mr . Schmitler reported the results of the water quality sampling taken in the bay as required by DER. John Farquhar spoke on behalf of the Petitioner stating the relocation of the ramp was a request made by Bob Lord. He then proceeded to report the sequence of events and their resolution, but his comments were inaudible to the recorder . Joe Bryant addressed the Council with his concerns which included the current application possibly being based on outdated or misleading information as well as the environmental impact on the area and consequences to Collier Bay as a manatee refuge. He presented photographs to illustrate his state- ments regarding water depths of Collier Bay, existence of manatees in the area, etc . (He later collected the photos and did not make them part of the record) . Attorney Farquhar commented that Mr . Bryant is the only one that has objected to this project from its inception. (At this time he furnished the Council with what he alluded to be a copy of a DER document and made several references to same. It should be noted that he failed to provide the recorder with a copy) . He referred to several pages of the han- dout , including 4, 5 , 6, and 10, relating to gathering of samples and analysis of same, and then proceeded to discuss the details of the planned project . Mr . Bryant pointed out that Commissioner Shanahan has over 200 signed petitions opposing this matter, and that the DNR hearing had approximately 30-40 people present in opposition. In response to Mr . Turrell ' s request for specific details from DER regarding the boat ramp, Mr . Farquhar commented that location of the ramp on the canal side would not require DER approval . In answer to Dr . Martin and using an aerial blowup of the area, Mr . Schmitler reported the results of the bathymetric studies as well as the composition and condition of the channel bottom. Page 10 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 h Mr . Bryant questioned the results of the bathy- metric studies . Mr . Worsham reminded the Council that there is no existing County Ordinance to protect marine orga- nisms, plant or animal , and that there is no mecha- nism to solicit input from other agencies . He said that , due to staff biases, this creates a whole in the system. He pointed out that staff had no authority or guidelines to say anything beyond what has been said in the way of stipulations . Mr . Schmitler reported the DER stipulations imposed for this project . Mr . Worsham discussed additional stipulations which could be imposed regarding the seagrass beds, loca- tion of boat ramp, osprey nest, etc . Mr . Farquhar stated there is no problem with adding a stipulation requiring marking of seagrass beds, of agreeing to returning before EAC, or to conducting water quality studies. He expressed a desire to receive EAC approval for the requested � docking facilities for seventy-seven (77) boats, stating they would be in agreement with a stipula- tion to not put the boat ramp on the north side. Dr . Martin stated, that having seen the osprey nest himself and having its existence denied by those present today representing the Petitioner, that it raised questions of doubt regarding the accuracy of the rest of the data presented. Mr. Schmitler stated there would be no objection to having a stipulation regarding the protection of the osprey nest . He reported DER' s stipulations requiring an accepted DNR manatee management plan. Mr. Turrell recapped the proposed additional stipu- lations relating to the osprey nest , the ramp loca- tion, and seagrass warnings. Mr . Worsham discussed procedure and stipulation language necessary if , in fact, the existence of the osprey nest was confirmed. Stuart Santos, Natural Resources Director, reported on his office ' s activities in the way of seagrass Page 11 it ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 surveys and relevant signage throughout the county. He reported the cost of sinking a post and putting a sign up was approximately $1 , 000 . 00 (the sign itself costing approximately $90 . 00) . Mr . Brown suggested wording for a stipulation dealing with the seagrass signage as, "Additional shallow water and seagrass bed signage shall be provided and located to the north of the protruding dock so as to protect the shallow water grassbeds" , but emphasized he would want the exact wording left to staff ' s discretion. It was the consensus of the Council to leave the wording on this stipulation to staff ' s discretion. Mr . Harris suggested posting signs on the channel markers. He stated they would agree to the stipu- lation about : 1 ) not putting the boat ramp on the north side ; 2) construction will be done in accor- dance with the Fish and Game regulations for the protection of onsite osprey nesting; 3) that the EAC will review this matter prior to commencement of the second phase of construction; and 4) that Petitioner will conduct water quality testing of the area. MOTION: Made by Mr. Turrell to recommend approval of PUD-80-20(1) with staff 's stipulations, as amended. Seconded by Mr. Brown. Carried 3/0 (Dr. Martin opposed) . STIPULATIONS: 1 . 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 faci- lity 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, suf- ficient and adequate turbidity screening shall Page 12 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 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 . Stipulation preventing location of boat ramp on the north side (wording to be provided by staff) . 3 . Stipulation mandating construction to be done in accordance with the Fish and Game regula- tions for the protection of onsite osprey nesting (wording to be provided by staff) . 4 . Stipulation requiring water quality testing (wording to be provided by staff) . 5 . Stipulation requiring that this matter come before EAC prior to commencement of the second phase of construction (wording to be provided by staff ) . *** Recessed: 11 : 15 A.M. - Reconvened: 11 : 25 A.M. at which time Deputy Clerk Arrighi replaced Deputy Clerk Farris *** ***** PETITION NO.. PUD-84-25 ( 1 ) /DOA-91-3 FILED BY/FOR: Rick Hedlund of Team Plan, Inc. , representing Naples Associates REQUESTING: A PUD Amendment and a Development Order Amendment to "Pine Air Lakes" REPRESENTED BY: George L. Varnadoe, Esquire of Young, van Assenderp, Varnadoe and Benton, P.A. COMMENTS: George Varnadoe informed that the subject property is an approved DRI that is located at the southwest corner of Airport Road and Pine Ridge Road. He explained that the DRI is commercial/retail with office, commercial , and hotel use approved. He stated that the request proposed is to change the majority of the use to retail, resulting in a reduction of 230, 600 square feet of space. He spe- cified that the proposal is to have mostly retail stores and one office building. He noted that the Page 13 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 area in question is mainly "agricultural with one "ST" area which is a cypress wetland and will be preserved as a 25 foot buffer . He pointed out that the open spaces will not be reduced and all environmental aspects will remain the same. He added that the petitioner is in concurrence with the seven staff stipulations. Environmental Specialist Reischl noted that the main concern has been taken care of which was the wetland area. In response to Mr. Addison, Mr . Reischl informed that the berm is located on the south side. As to any other possible berm, Mr . Varnadoe advised that the petitioner will do whatever necessary to main- tain the wetland area. Chief Environmental Specialist Worsham suggested that a stipulation be included to the satisfaction of the Stormwater Management System and the peti- tioner, and Mr . Varnadoe noted that this can be worked out . MOTION: Made by Mr. Turrell, seconded by Dr. Martin and carried 4/0, that PUD-84-2511)/DOA-91-3 be approved, subject to the amended environmental sti- pulations as follows: STIPULATIONS: 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 accom- modate 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. Page 14 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 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 implemen- tation of this plan shall prevent reinvasion 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, excava- tion, or other construction 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 loca- tions of littoral zone plantings with accom- panying details shall be included as part of the final site construction plans. Littoral zone plantings must be completed prior to cer- tificate of occupancy of the final unit of an individual site development plan or plat accep- tance, if platting is required. Page 15 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 8 . A stipulation to be provided regarding the requirement of a berm, to be worked out between the Stormwater Management System and the peti- tioner . ***** PETITION NO. PU-91-1 FILED BY/FOR: Robert K. Lockhart of Lockhart Engineering, Inc. , representing Southfield Farms LTD, V REQUESTING: Provisional uses 3 (a) and 3 (b) of A-2 zoning district for earth mining and extraction and related processing. REPRESENTED BY: Robert K. Lockhart COMMENTS: Robert K. Lockhart commented that the proposed site is a previously abandoned excavation site which has created a functioning wetland with significant wildlife value. He explained that the two requested provisional uses for the site are for earth mining and extraction of water to be used as potable water for Marco Island. He noted that the proposed excavation will be to a 30 foot depth con- current with the three trenches around the peri- meter which have been designed under specific criteria and guidelines to provide the quantity of surface water requested. He reported that the Florida Game and Fresh Water Fish Commission has provided to the Collier County Environmental Staff their recommendations as noted in the stipulations. He related that he is in agreement with the stipu- lations . He pointed out that the first stipulation requires that one quarter to one half of the pro- posed borrow pit be mitigated for a wade bird mana- gement area, and requested that the demarcation lines be determined during the meeting. He advised that there will be no withdrawal pumping for the excavation, noting that this will be done strictly in a wet condition. Dr. Martin questioned how economically will the proposed stipulations effect the project? Mr . Lockhart stated that he does have some concerns about the stipulations . In regards to the depth allowance stipulated, he noted that his Page 16 • ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 understanding is that this does not limit the depth to 20 feet , but only makes recommendations that they not exceed 20 feet until documentation has been provided or clarified that conditions prove there will be no adverse impacts; therefore, there is flexibility to excavate to the 30 foot depth providing it meets staff approval . Regarding the mitigation of one quarter to one half of the borrow pit for a wading bird management area, he remarked that this will eliminate the requirement of a 50 to 100 foot strip around the perimeter of the borrow and solely provide a consolidated area for mitiga- tion on the north side. He pointed out that staff does not want any pumping in the mitigated area; however, it seems that some pumping would benefit the cypress area located there, and would like to have clarified what staff ' s desires are regarding this . He informed that as to the stipulation requiring that no excavations and rock processing will occur during woodstork nesting season, this seems to be somewhat restrictive. He specified that the excavation will be done over a long period of time, there will not be multiple excavators involved, and the distance between the proposed mitigation area and the furthest excavation and processing point is several thousand feet incurring little activity and noise; therefore, he does not understand why the restriction encompasses the entire site, and recommended that this stipulation be removed. He noted that the developer does not seem to feel that limiting the site to three fourths of what was initially intended is a signi- ficant problem economically. Dr . Martin noted that there is currently an unde- termined species of birds roosting in the the pro- cessing area of the site. Chief Environmental Specialist Worsham stated that many of the stipulations will be resolved between the petitioner and the Game and Fresh Water Fish Commission. He added that the County will defer to the Game and Fresh Water Fish Commission' s recom- mendations; therefore, he related that the stipula- tions presented should not be altered. He noted that staff could require that there be an evening survey. Dr . Martin suggested that stipulation five should be clarified as to the restriction of blasting. Page 17 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 Mr . Lockhart agreed that blasting could be limited to non-nesting season with the months specified. Mr . Worsham suggested that a specified distance should be used for a :.imitation criteria; however, if the Game and Fresh Water Fish Commission has a more definitive criteria for limiting the excava- tion and processing during nesting season, the County will defer to them. Mr . Lockhart affirmed that restricting blasting and providing a distance criteria for excavation and processing would be agreeable to the petitioner . In response to Dr . Martin, Mr . Lockhart stated there has been no determination by the Corps of Engineers at this time for a permit , but there seems to be no significant concerns. Mr. Lockhart pointed out that a DER permit has been obtained for a connection on the western portion of the project to eliminate a small ditch. In response to Mr. Addison, Mr . Worsham commented that the only change indicated has been to stipula- tion five. As to the determination of whether one- quarter or one-half of the proposed borrow pit area be used for mitigation, Mr . Worsham stated that a letter of technical assistance from the Game and Fresh Water Fish Commission advising of this deter- mination will be forthcoming. Dr . Martin suggested that the applicant investigate as to what species of birds are roosting on the project site, and noted that an eagle has been seen in the proposed project area. MOTION: Made by Dr. Martin, seconded by Mr. Addison and carried 4/0, to approve PU-91-1 , subject to staff 's recommendations with the change to stipulation five reflecting the restriction of blasting_ being limited to non-nesting season, as follows: STIPULATIONS: 1 . An approved wading bird management area shall be established in accordance with Florida Game and Fresh Water Fish Commission (FGFWFC) recom- mendations in the north one quarter to one half of the proposed borrow pit area, excluding the location of the proposed trenches, unless Page 18 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 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 . Excavation and rock processing shall not occur within so many feet (number to be determined) of the woodstork nesting area during the nesting season, and no blasting may occur during woodstork nesting seasons . 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 pre- dicted 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 excava- tion. 8 . Prior to issuance of excavation permits an approved groundwater monitoring plan shall be submitted with specified parameters, monitoring schedule, proposed allowable variations and Page 19 • ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 n 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 com- parative 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 exca- vation permits for the site. ***** PETITION NO. R-91-5/SMP-91-5 FILED BY/FOR: 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" REPRESENTED BY: Robert L . Duane COMMENTS: Robert Duane informed that the proposed petitions consist of a 7 . 8 acre parcel located in the southeast quadrant of the I-75/Immokalee Road interchange area. He advised that the project has approximately 5 . 5 acres of uplands and 2 . 5 acres of wetlands, and the petitioner proposes a 2 . 5 acre conservation area to mitigate for the impacts to the road right-of-ways and lot one. He noted that only two tenths of an acre of quality wetlands will be impacted. He stated that the petitioner agrees with staff ' s stipulations with the change to stipu- lations five and six as noted earlier in the day. MOTION: Made by Mr. Brown, seconded by Mr. Addison and carried 4/0, to approve R-91-5/SMP-91-5, subject to the revised and amended staff stipulations, as follows: STIPULATIONS: 1 . Preserve areas and any approved mitigation areas shall be surveyed prior to final site plan approval and indicated on the final plat Page 20 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 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 juris- dictional 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, during its 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 asso- ciation or• like entity for ownership and main- tenance responsibilities and if necessary, ,to Collier County with no responsibility for main- tenance. All Preserve buffer easements or buffer tracts shall be created in conformance with the provisions of Chapter 704 . 06, Florida /"� Statutes. Page 21 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 If South Florida Water Management District 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: If (a) the South Florida Water Management District jurisdictional wetlands are utilized as part of the project ' s water management system, and (b) the South Florida Water Management District requires a natural upland buffer adjacent to wetlands, the buffer shall be included in the conservation tract or other- wise protected in accordance with applicable ordinance 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 located on lots of develop- ment tracts, adequate safeguards shall be established to provide for enforcement of clearing/alteration restrictions, with adequate safeguards to ensure that those respon- sibilities run with the land, that are accep- table to the South Florida Water Management District and Collier County. 7 . An exotic removal , monitoring and maintenance (exotic-free) plan for the site shall be sub- mitted to the Environmental Staff of Project Review Services for review and approval prior to final site plan approval . ***** PETITION NO. PUD-87-12 (1 ) FILED BY/FOR: Robert H. Flinn of Audubon Joint Venture REQUESTING: A PUD Amendment to Audubon Country Club REPRESENTED BY: Robert H. Flinn COMMENTS: Don Lusk, representing the Audubon of Naples Development , indicated on a display map the portion of property referred to as Tract Q which is being Page 22 y . ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 proposed to be separated out of the existing Audubon Country Club PUD. He also pointed out on the map the proposed road through the wetlands which would be eliminated with the removal of Tract Q. He advised that the other changes proposed are to clarify the setbacks. He noted that the removal of Tract Q from the PUD will reduce the density. In response to Mr . Lusk' s comments regarding stipu- lation (a) , Environmental Specialist Prynoski com- mented that the setback requirements from the preserve areas are only ten to twenty feet which is minimal buffer to a preserve area, and changing two feet of a ten foot buffer would be impacting 20% of the buffer area. Mr. Lusk remarked that he accepts stipulation (a) and (b) . Mr . Lusk informed that he does have a concern regarding stipulations (c) , (d) , and (e) because the new language has complicated the issue; there- fore, he would like to retain the original language. Ms. Prynoski agreed that a stipulation can be inserted that indicates that the proposed language would be deleted and that Section 8 will remain with the original PUD language. Mr . Lusk noted that he also is troubled by stipula- tion (g) which is Stipulation 9 . 02 F( 10) of the PUD because staff has removed language which his attor- ney has inserted for clarification. Ms. Prynoski stated that the removed language is repetitious and subject to interpretation. She suggested that if Mr . Lusk does want this to remain, it should be linked to something and not left free-standing. Mr . Lusk recommended that it be included earlier in the paragraph. Chief Environmental Specialist Worsham stated that he has a second concern about stipulation (g) because it could allow one environmental parameter to be redesigned which would effect another . Mr . Lusk suggested that the words, "with advice from other appropriate staff and specific approval from the Environmental office, " be added to the sentence in question. Mr . Worsham agreed. Ms. Prynoski clarified that stipulation (g) will reflect the change as, " . . . Master Development Plan. Boundaries for residential development Page 23 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 . subject to approval of all applicable agencies. Such changes may be approved by the Planning Services Directors with approval from Project Review Services Environmental Staff . . . " In answer to Mr . Lusk' s concern about the reference to the boat docks in stipulation (g) , Mr . Worsham advised that this would refer to any proposed future docks and a disclaimer to this effect will be added to the sentence. MOTION: Made by Mr. Brown, seconded by Mr._Turrell, to approve PUD-87-12(1) , subject to the amended staff stipulations as follows: 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: 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 struc- tures. b) Change proposed language of 4. 05 to read: 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 struc- tures. c) All proposed changes to Section 8 are deleted, retaining the original PUD language. d) Deleted. n Page 24 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 r'-• e) Deleted. 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: 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. Boundaries for residen- tial development parcels and the location of internal roads may, however, be modified and/or relocated and approved by such pro- cess administratively. The location of water retention lakes may similarly be amended subject to approval of all appli- cable agencies. Such changes may be approved by the Planning Services Directors with the approval of the 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 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 preser- vation of estuarine resources affected by the subdivisions and their associates boat traffic, if any future boat docking or launching facilities are proposed. 2 . PUD-87-12 ( 1 ) shall be subject to all environ- mental ordinances in effect at the time of final development order approvals, unless otherwise exempted by PUD ordinance 87-12 , as amended. Page 25 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 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 una- voidable 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 ease- ment (s) and or tract (s) on the final plat with protective covenants pursuant to Florida Statutes Chapter 704 . 06 . 2 . Wetland preserve/conservation ares shall be designated as preserve areas and surveyed prior to final construction plan approval . n Protective covenants shall be according to Florida Statutes 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 shore- line stabilization/erosion control and mangrove protection plan to Project Review Services - Environmental Staff with the construction plant 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 pro- tection as defined by U. S . Fish and Wildlife Service Bald Eagle Management Guidelines, the petitioner shall submit to Project Review Page 27 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17, 1991 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, or a letter submitted stating that there is no requirement of a management plan from the Florida Game and Fresh Water Fish Commission. 6 . Should any docks be proposed now or in the future, the petitioner shall submit said plan(s) to Project Review Services, for appro- val 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-787-12 ( 1 ) and asso- ciated documents shall be change prior to sub- mittal to the Collier County Board of County Commissioners to reflect the aforementioned stipulations . 10 . The petitioner will 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 sub- divisions and their associated boat traffic . ***** ITEM: DISCUSSION OF ADDENDA Mr . Addison advised that he will prepare a draft resolution for discussion at the next EAC meeting Page 28 ENVIRONMENTAL ADVISORY COUNCIL APRIL 17 , 1991 regarding the acquisition of environmentally sen- sitive land within the County and to encourage the Board of County Commissioners to take action on a single issue type of referendum on this matter . ***** Mr. Addison pointed out that Collier County is seeking applicants for an Environmental Policy Technical Advisory Board to consist of nine mem- bers, for meetings to begin this spring on the second Wednesday of the month beginning at 9 :00 A.M. He stated that if anyone on the EAC Board is interested in participating on this new commit- tee, please advise Administrative Assistant Filson. ***** There being no further business, the meeting was adjourned by order of the Chair . ENVIRONMENTAL ADVISORY COMMITTEE David Addison, Chairman Page 29 REVISED STIPULATIONS FROM 4/17/1991 EAC Recommendations: Staff recommends approval of petition R-90-26 subject to the following stipulations: 1. A minimum of twenty-five percent (25%) of the entire 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 approval. 3 . (a) Wetlands proposed as conservation areas shall be field verified and approved by Project Review Services - Environmental Staff, prior to SMP approval and surveyed prior to final SMP approval and shall be designated as conservation easement(s) on the final plat. Proposed impacts to jurisdictional wetlands, as indicated on the PUD Master Plan, dated March 4, 1991, may require adjustments to conform to the field delineated conservation area boundaries. (b) Protective covenants relating to said conservation easements 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. (c) 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 exotic vegetation removal as required by Collier County Ordinance No. 82-37, as amended by Ordinance No. (s) 82-113 and 89-53, elevated wooden boardwalks, elevated wooden observation platforms, pervious nature trails constructed at grade, and utilization for stormwater management/retention as a secondary function providing that no dredging, filling or excavation for said activity(ies) is involved, unless otherwise required by State or Federal wetland jurisdictional agencies. Said boardwalks, platforms and/or trails shall be designed to avoid the removal of native vegetation to the maximum n extent possible, and shall be field located by the applicant and approved by Collier County Project Review Services - Environmental Staff. • REVISED STIPULATIONS R-90-26 PAGE 2 4. No encroachment or construction activity (including roads, structures, lakes, etc. ) shall occur within the designated conservation areas. Any future proposed roads or other impacts to the conservation area(s) than those indicated on the 3/4/91 PUD Master Plan, must be within upland area(s) , as defined by the Florida Department of Environmental Regulation criteria and comply with all applicable Collier County standards/requirements. If a road crossing is allowed under the aforementioned conditions, the petitioner shall apply for an exemption from the subdivision master plan regulations to narrow the road to fit within the defined upland corridor. No encroachment into the Collier County jurisdictional area(s) shall be allowed for said road. 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 n 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 treated in the same manner as wetland conservation areas as described in Environmental Stipulation Number 3. 7. Control structures shall be set at or above biological indicators (i.e. lichen lines) of the adjacent wetlands. Control elevations shall be established which provide hydroperiods that reasonably assure 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. 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. /'1 ' REVISED STIPULATIONS R-90-26 PAGE 3 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 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 n 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 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. 12 . 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. R-90-26, Revised Stipulations, ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/15/1991 Petition: PUD-86-17 (1) : Kathleen C. Passidomo of Harter, Secrest and Emery, representing Levitt Homes at Emerald Lakes, Inc. ; requesting a PUD Amendment to "Bridget Lake" . Considerations: The one hundred forty-eight (148) acre parcel is located approximately five hundred (500) feet west of Airport Road between Orange Blossom Drive and Tennis Court Lane. The proposed development for five hundred twenty-five (525) dwelling units consists of ninety (90) single family units and four hundred thirty-five (435) multi-family units. Properties to the north are zoned A-2 and RO, properties to the west are zoned PUD and properties to the south are zoned RSF-1. The Bridget Lake PUD was approved on December 23, 1986. Development of the project has begun. In this proposed amendment the petitioner's intent is to change the title under the new ownership and eliminate the internal street connecting to Tennis Court Lane. Recommendations: In consideration that none of the proposed changes will produce negative environmental impacts, staff recommends administrative approval for petition PUD-86-17 (1) subject to the following stipulation: 1. All previous environmental standards of Ordinance No. 86-90 shall continue to apply. PREPARED BY: imAhL..-,// / AL , DATE: /.S // KIMBERL /f' POLEN ENVIRONM NTAL SPECIALIST II REVIEWED BY: („,,___-1), C/ DATE: 471/SA7 ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: k, I ,.,,', , e„,,,,,,/ l DATE: l6 /9/ JOHN F. MADiJEWSKI, P. E. PROJECT REV EW SERVICES MANAGER Staff Reports, PUD-86-17 (1) , ew /` REVISED STIPULATIONS FROM EAC MEETING ON 5/15/91. Petition PUD-86-9 (1) /SMP-91-9 is approved subject to the following stipulations: 1. The applicant shall supply all wildlife surveys and information required by the Florida Game and Fresh Water Fish Commission (FGFWFC) prior to submission of the final construction plan/plat. 2 . The cypress dome wetland and the hydric pine flatwoods totaling nine (9) acres, shall be surveyed prior to final construction plan/plat approval and shall be designated and preserved as conservation easements or tracts on the plat document with protective covenants pursuant to Chapter 704.06, Florida Statutes. 3 . The project shall be controlled no lower than the lichen line/water mark elevation of the preserve areas as delineated by Collier County Project Review Services - Environmental Staff. If the lichen line elevations of the preserve area are determined by the Collier County Project Review Services - Environmental Staff, the South Florida Water Management District, and the applicant to have been artificially produced by agricultural activities, the site shall not be controlled lower than the ground elevation of the preserve areas. 4. The applicant shall plant at least thirty-three percent (33%) of each lakes littoral zone from one (1) foot above the lakes control elevation to two (2) feet below control with native emergent aquatic species. Lake Four, to be utilized as a component of the driving range, shall be exempt from this requirement. PUD-86-9 (1) /SMP-91-9, ew PROJECT REVIEW SERVICES n (Environmental Review) STAFF REPORT FOR EAC MEETING 5/15/1991 Petition: PUD-86-9 (1) /SMP-91-9: Steven Ball of Agnoli, Barber & Brundage, Inc. , representing Archie Meinerz; requesting a PUD Amendment and Subdivision Master Plan approval for "Dove Pointe" . Considerations: The Dove Pointe PUD rezone petition, R-86-9C, was approved on September 25, 1986 by Ordinance No. 86-62. Development of the project has not been initiated. In this petition the applicant's intent is to change the design, increase the lakes, and reduce the development intensity. The petitioner also proposes to preserve all of the remaining nine acres of natural vegetation. The two hundred fifty-two (252) acre parcel is located south of Immokalee Road, approximately two miles east of I-75. The proposed development consists of two hundred sixty (260) single family residential units, and an eighteen (18) hole golf course, clubhouse, maintenance facility, and several lakes. Abutting properties are zoned A-i, A-2 and RSF-3 . The northern boundary is border by the Cocohatchee Canal. The natural drainage of the site has been altered by the drainage canals surrounding and crossing the site. Ground elevations within the project site range from 12.0 to 13 .2 feet above mean sea level. The major soil types on the site include Basinger fine sand, (approximately 30%) , and Holopan fine sand (approximately 68%) . Ninety-six percent (96%) of the site is currently being farmed. The remaining six percent (6%) consists of approximately four acres of cypress dome wetland and approximately five acres of hydric pine flatwoods. Wood storks and egrets were observed utilizing the drainage areas of the site. n Staff Report PUD-86-9 (1) /SMP-91-9 EAC Meeting 5/15/91 Page 2 Recommendations: In consideration of the above, Staff recommends approval of Petition PUD-86-9 (1) /SMP-91-9 subject to the following stipulations: 1. The applicant shall supply all wildlife surveys and information required by the Florida Game and Fresh Water Fish Commission (FGFWFC) prior to submission and approval of the Project's subdivision master plan and/or site development plan. 2 . The cypress dome wetland and the hydric pine flatwoods totaling nine (9) acres, shall be surveyed prior to final construction plan/plat approval and shall be designated and preserved as conservation easements or tracts on the plat document with protective covenants pursuant to Chapter 704 . 06, Florida Statutes. 3 . The project shall be controlled no lower than the lichen line/water mark elevation of the preserve areas as delineated by Collier County Project Review Services - Environmental Staff. In the absence of biological indicators, the site shall not be controlled lower than the grand elevation of the preserve areas. 4 . The applicant shall plant at least thirty percent (30%) of each lakes littoral zone from one (1) foot above the lakes control elevation to two (2) feet below control with native emergent aquatic species. atrdl PREPARED BY: 1. /LEI j L DATE: '//Z77/ KIMBERL 47 POLEN ENVIRO ' TAL SPECIALIST II REVIEWED BY: DATE: `-/-2/L'/ ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: , , DATE: 2 /17( : OHN . MADA SKI, P. E E. •ROJECT REVI :'' SERVICES MANAGER Staff Reports, PUD-86-9 (1) /SMP-91-9, ew