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EAC Agenda 04/19/1989 ENVIRONMENTAL ADVISORY COUNCIL AGENDA April 19, 1989 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL V. OLD BUSINESS VI. PUBLIC HEARINGS A. R-89-2/PDA-89-4/SMP-89-2 : Robert Duane of Hole, Montes and Associates, Inc. , representing the 75 and Alligator Alley Development Corporation, Inc. ; requesting a rezoning from PUD to C-4, an amendment to the Cali Industries PUD, and a Subdivision Master Plan Approval. B. ST-89-2 : Patricia Thomson requesting a Special Treatment Development Permit for a house to be located on the north 200 feet of the south 300 feet of lots 5 and 6 of "South Naples Shores" on Keewaydin Island. C. R-87-23C: Q. Grady Minor, of Q. Grady Minor and Associates, P.A. , representing Samuel Hubschman; requesting a zoning change from E to PUD: "Falling Waters" . D. PDA-88-14C: R. Bruce Anderson, of Young, van Assenderp, Varnadoe, and Benton, representing Republic Development Corporation of Ohio; requesting document language and master plan _ amendments to a Planned Unit Development (Briarwood) . VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify PLANNING SERVICES (Environmental Review) (643-8470) no later than 5 P.M. on Monday April 17, 1989, 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. ********** *********** ********** ************************************************************* DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC MEMBERS FROM: Earlene Weber Secretary I DATE: April 13 , 1989 RE: New Location Please be advised that the Environmental Specialists who review the petitions and prepare staff reports for the the Environmental Advisory Council are now in their new location. We are in the Planning Services Section of the Development Services Department and are located in the new Development Services Center at 2800 North Horseshoe Drive, Naples, FL 33942 . Our new telephone number is 643-8470. Our mailing address at present is still at the Government Complex. Also be advised that Ms. Andrea Stevens, Environmental Specialist I has given her resignation effective April 7 , 1989 . She has accepted a position as a Resource Planner with a local government agency in Massachusetts. r-� ENVIRONMENTAL RESOURCES STAFF REPORT FOR EAC MEETING 4/19/89 Petition: R-89-2/PDA-89-4/SMP-89-2: Robert Duane of Hole, Montes and Associates, Inc. , representing the 75 and Alligator Alley Development Corporation, Inc. , requesting a rezoning from PUD to C-4, an amendment to the Cali Industries PUD, and a Subdivision Master Plan approval . Considerations: The above-referenced petitions (R-89-2, PDA-89-4, and SMP- B9-2) propose the following changes and additions to the Cali Industries PUD, located on the northwest corner of the intersection of Isle of Capri Road (S.R. 951 ) and Davis Boulevard (S.R. 84) : 1 . The name of the Cali Industries PUD (27 acres) will change to the 75 and Alligator Alley Development Corporation PUD (21 acres) . Proposed uses in the revised PUD include a 50,000 square foot office building, a 250 unit motel (or a 142 unit condo) , and a 10 acre conservation area. The Cali Industries PUD was approved by Ordinance 87-8 to include a condo motel , a rental/administrative office and a temporary sewage treatment plant. 2. 6.3 acres along the southern edge of the PUD will be removed from this zoning district, and rezoned from PUD to C-4. The 6.3 acre parcel will adjoin an existing commercial tract to allow for a 20 acre commercially zoned district at this activity center. Proposed uses in this district include a 90,000 square foot retail center and a 130 unit motel (or retail area) . 3. 10 acres in the PUD will be designated as a Conservation Area of enhanced wetlands. The preservation of this land is a permitting requirement of the Florida Department of Environmental Regulation and the U.S. Army Corps of Engineers. 4. Three environmental agreements of the original PUD have been deleted from the revised PUD: a) The first condition to be deleted pertains to the location of the sewage treatment facility to allow for minimal impact on the northerly pine flatwoods habitat. The petitioner has deleted this stipulation because the facility is to be located further south and outside of this habitat under the revised PUD. b) The second stipulation that has been deleted requires project designs to minimize impacts on the sabal palm hammock located in the south central portion of the tract. This hammock will not be located within the revised PUD, • Staff Report R-89-2/PDA-89-4/SMP-89-2 EAC Meeting 4/19/89 Page 2 but rather in the rezoned commercial area. The petitioner has indicated that the hammock will still be preserved in place or relocated. c) The third stipulation to be eliminated refers to the side slopes of the lake. The revised PUD does not include a lake, so this stipulation is no longer applicable. 5. Miscellaneous changes in zoning specifications which have little relevance to environmental concerns. The Natural Resources Management Department (NRMD) Staff Report for the original Cali Industries PUD petition (EAC meeting of 1/7/87) is attached. A description of the habitats found on the site is included in that report. The PUD site and the commercial area to the south was inspected by Andrea Stevens (Environmental Resources Staff) on March 21 , 1989. Most of the commercially-zoned district has been cleared, with the exception of a few remaining cabbage palms. Many of the exotics have been removed from the property. The sabal palm hammock will now be located within the commercially zoned district to the south of the revised PUD. Environmental Consideration 4. 1 (F) of the Cali Industries PUD Ordinance (#87-8) reads as follows: "The petitioner should investigate project designs to minimize impacts on the sabal palm hammock located in the south-central portions of the tract" The Environmental Resources Staff would recommend that a similar stipulation be attached to the rezoning petition (R-89-2) for the parcel of land which supports this hammock. This stipulation is no longer applicable to the revised PUD site. Recommendations: The Environmental Resources Staff recommends approval of petitions R-89-2, PDA-89-4, and SMP-89-2 subject to the following stipulations: 1-4. Standard Stipulations 1 , 3, and 4, as adopted by the EAC on 4/1/87, and Standard Stipulation 2, as adopted by the EAC on 12/7/88. Prepared By: 0ivvd/C4 - - Date: .J •22. 87 Reviewed By:__ ��_ Date: 3 /2.-7/e7 ATTACHMENT TO STAFF REPORT FOR: • R-89-2/PDA-89-4/SMP-89-2 • EAC Meeting of 4/19/89 NATURAL RESOURCES MANAGEMENT DEPARTMENT (NRMD) STAFF REPORT FOR EAC MEETING 01/07/87 Petition: R-86-19C; George H. Hermanson, P.E. , Hole, Montes & Associates Inc. , representing Joseph Cali; requesting a zoning change from PUD to PUD (Cali Industries) . Considerations Proposed use of the 27.05 parcel is for a condominium motel. The triangularly-shaped parcel is located at the northeastern corner of the intersection of Davis Boulevard (S.R. 84) and Isle of Capri Road (S.R. 951) . The undulating southern boundary runs east/west about 300'-600' north of Davis Boulevard; the area between the southern boundary and .-� Davis Boulevard is a cleared area that is also owned by the petitioner. The northeastern boundary'is formed by S.R. 951 and its access road from Interstate Highway 75. The western limit is bounded by pine flatwoods and wet prairie areas; the area to the west and south are slated for residential development in the near future. A site visit was conducted on December 12, 1986, by Dr. Brandt Henningsen and James N. Burch of the Natural Resources Management Department (NRMD) . Also on site was Mr. George Hermanson of Hole, Montes, and Associates (Naples, Florida) . The south end of this parcel has been selectively cleared and presently is populated with scattered slash pines (Pinus elliottii var. densa, 2-14" DBH) , a few small cypress (Taxodium distichum, 2-4" DBH) , and some wax myrtle (Myrica cerifera) ; ground cover consists mostly of Staff Report EAC Meeting 01/07/87 Page 2 various grasses and herbs. The southeastern corner is populated with many pine seedlings, saplings, and young trees (less than 15 years in age) , scattered sabal palms (Sabal palmetto) ; melaleuca (Melaleuca quinquenervia) saplings are abundant and scattered over the southern and southeastern area of this tract. One small sabal palm hammock is present near the south central part of the tract, having occasional red bay (Persea borbonia) and a heavy growth of melaleuca seedlings. Ground cover is mostly unknown rushes, sedges, and grasses. The northern tip (200-250' in length) of this acreage is more densely vegetated and appears to be a remnant pine (7-12" DBH) flatwoods with scattered cypress (1-6" DBH) . Melaleuca invasion is moderate, with some adult trees and numerous saplings. The shrub layer is sparse, consisting of saw palmetto..(Serer_oa repens) and occasional Brazilian pepper (Schinus terebinthifolius) . Ground cover consists of grasses, sedges and herbs, and occasional grape vines (Vitis munsoniana; syn: V. rotundifolia) . The western half of the acreage is essentially cleared of trees, and is now populated with graminoid and herbaceous ground cover. The parcel is not known to be one of historic significance (source: John Beriault, president, Southwestern Florida Archaeological Society) . Recommendations This area was rezoned two years previous (R-85-5C) ; the present plan differs by a reassignment of lake areas and some residential structures. Much of the area appears to have been previously cleared, and secondary growth of weed species is common; however, some remnants Staff Report EAC Meeting 01/07/87 Page 3 of native habitat exist and merit consideration for salvage. The northern tip of the property, that is proposed as the site for a sewage treatment facility, is presently a pine flatwoods and cypress/flatwoods transition habitat. About 75% of this area is proposed to be cleared for the sewage treatment plant. NRMD recommends saving as much as is possible and practical of the existing pine flatwoods along the northern boundary of the property. Moving the treatment plant south of the flatwoods will help to preserve a part of habitat native to this area and may be advantageous to the developer as a visual shield between the highway and the treatment plant. In the south central area is a small sabal palm hammock that is large and mature enough to consider saving as recreational open space. This hammock is situated in, an area that is proposed for residential development and access roads. NRMD recommends that the position of these elements of construction be reconsidered in light of the presence of this small hammock. Strategic positioning of roadways and building may allow the hammock to serve as a courtyard area for the southern building loop. Perhaps use of one roadway (vs. two) could facilitate this goal. It is suggested that this natural habitat may provide an aesthetically and environmentally valuable as well as economically advantageous addition to the development. The petitioner is encouraged to make use of existing arborescent vegetation as landscape material on site and to save for transplant any Staff Report EAC Meeting 01/07/87 Page 4 other specimens that are practical for relocation (e.g. - sabal palms) . The dry retention area has been mentioned as suitable for re-vegetation and may be acceptable as an area for relocation of many trees and shrubs. The apparent selective clearing that has taken place on this site has altered the biotic integrity of the area such that promoting its recovery is not practical. However, preservation of existing remnants of former habitats is advantageous to both the developer and the residents of the biotic community. With the above points in mind, NRMD recommends approval of petition R-86-19C with the following stipulations: 1-4. Standard stipulations 1-4. 5. The sewage treatment plant should be positioned to minimize impacts on the pine flatwoods found in the northern reaches of the parcel. 6. The petitioner should investigate project designs to minimize impacts on the sabal palm hammock located in the south-central portions of the tract. 7. Side slopes of lakes shall be at least four to one out to a depth of 3' from mean low water. 8. Petitioner will be subject to Ordinance 75-21 (or the tree/ vegetation removal ordinance in existence at the time of .-� Staff Report EAC Meeting 01/07/87 Page 5 permitting) , requiring the aquisition of a tree removal permit prior to any land clearing. / /,(// /47);7 Prepared by: .s a 4': /4--,1414)441-14 Date: Reviewed by: /7-/-1:n21.,701 -s%?�.f. �s / Date: /647 N459 . ^7. ' ` ' � ' � ENVIRONMENTAL RESOURCES STAFF REPORT �--\ ~ FOR EAC MEETING 4/19/89 Petition: R-87-23C: Q. Grady Minor , of Q. Grady Minor and Associates, P.A. , representing Samuel • Hubschman; requesting a zoning change from E to PUD: "Falling Waters" . Considerations: 1 . LOCATION/PROPOSED USES The property under consideration for rezoning is an 88.5 acre parcel located on the south side of Davis Boulevard , 660 feet west of the intersection of Davis Boulevard and Santa Barbara Boulevard (S8, T50S, R26E) . Undeveloped agriculturally- zoned land is located to the east of the subject property. Undeveloped Estates-zoned parcels are located to the south and to the west of the property. A petition for the rezoning of this parcel was originally submitted in March 1987, under the name of the Edenwood PUD (same petition number , R-87-23C) . The petition was reviewed by the EAC on October 21 , 1987, and the EAC voted to continue the petition because of several unresolved issues. The re-submittal of this petition differs considerably from the original plan. Proposed uses in the revised "Falling Waters" PUD include the following: �-N, Multi-family residential 41 .50 acres (To be developed in 4 phases totalling 490 dwelling units, 6.7 units/acre) Commercial (C-4 uses) 14.50 acres "Activity Center" Lakes (3) 8.35 acres Mitigation Areas 21 .05 acres Preservation Areas 3. 10 acres TOTAL 88.50 acres The petitioner is required to set aside Mitigation Areas in the development to fulfill the permitting requirements of the U.S. Army Corps of Engineers. The petitioner has indicated that the Mitigation and Preservation Areas will be used only for low impact recreational activities ( i .e. walking , horseback riding ) . Approximately 47% of the property will become impervious area, and the surface water runoff for the project will be directed toward the southeast corner ( the lowest area) of the property. The elevation range on site is between 8 6 and 9.7 . . feet NGVD, with an average of 9.2 feet NGVD. 2. VEGETATION t"~ The EIS submitted as part of this petition includes a comprehensive description of the four vegetative communities on site, so this report will offer a summary of the dominant species in these areas. The site was inspected by Andrea Stevens 1 | / . . . ` ' ^ Staff Report R-87-23C '--\. EAC Meeting 4/19/89 Page 2 (Environmental Resources Management Staff) on several occasions during March , 1989. The designated Preservation Areas on site are two isolated wetland habitats dominated by pond cypress (Taxodium ascendens) . Understory and shrub layer vegetation in these areas is made up of wax myrtle (nEig: cg[ifg[a) , dahoon holly (I1g25. gassing) , and strangler fig (Figus au[ga) . The groundcover is predominantly saw grass (Cladium ja[Daicense) , with some scattered swamp fern (Blechnum ser[ulatum) . The cypress trees in this habitat support several epiphytic species including the protected butterfly orchid (Encyclia tampensis) and twisted airplant (Tillandsia flexuosa) . Most of the subject property supports a slash pine (pinus elliottii) flatwoods with scattered saw palmetto (Se[enoa [gpens) in the shrub layer . Some Brazilian pepper has infested these habitats, although only in small isolated locations. In general , very little exotic vegetation was noted across the site. Additional vegetation in these pine flatwood areas include wax myrtle, rusty lyonia (Lygnia fg[ruginea) , and coco plum (Ch[Y2b�lYOug. igAggi.) ^ A transitional habitat of slash pine and cypress is also /-N found on the property. The canopy in these areas is usually dominated by slash pine with cypress as a subdominant , although cypress becomes a co-dominant canopy species in some areas. Understory and groundcover vegetation includes a combination of species found in the Preservation Areas and the pine flatwoods habitats on site. The fourth habitat on the parcel is a palmetto prairie, which is an open dry area with few canopy trees. Rusty lyonia, ga1lberry ( Ilg. gl�bra) , and shiny blueberry (yaccinium myrsinites) are found among the palmetto in these open areas. 3. STAFF COMMENTS/CONCERNS a) The permitted activities in the designated Preservation and Mitigation Areas are not clearly defined in the PUD document . The EAC may wish to recommend certain permitted activities which would be compatible with the habitats in these areas. In addition, it is unclear as to where the boundaries of the Preservation Areas are located on site. The Environmental Resources Staff requests the option to review the flagging of these boundary areas prior to Tree Removal permitting . b ) There are several active red-cockaded woodpecker (picoides borpalis, a federally endangered and state threatened species) colonies northeast of the subject property. Some �� of the habitats on site are characteristic of those which are frequented by the red-cockaded woodpecker as foraging and nesting areas (pine flatwoods with an open canopy) . The Environmental Consultant for the petitioner and the | ~^ . . . ~_~ Staff Report R-87-23C EAC Meeting 4/19/89 Page 3 Collier County Environmental Resources Staff did not observe any red-cockaded woodpecker activity or evidence thereof on site during inspections. However , these birds may well move into the area prior to site development , and it is advisable that a red-cockaded woodpecker survey be completed within a few months prior to clearing of the property. The survey should follow the Wildlife Methodology Guidelines set forth for this species by the , Florida Game and Freshwater Fish Commission. c > The petitioner should investigate the possibility of transplanting the protected plant species from areas to be cleared to areas which will be preserved on site. These species include the twisted airplant , the golden polypody fern (phlebodium au[eum) , and the butterfly orchid . d ) Since multi-family units require large parking areas ( i .e. substantial clearing ) , the Environmental Resources Staff suggests that the petitioner preserve as much of the existing native vegetation in the green spaces of the parking areas ( i .e. islands, dividers, buffers) . Keeping and enhancing existing native habitats on site for incorporation into landscape design is a priority of Policy ^--., 6.5. 1 of the Conservation Element of the Collier County Growth Management Plan. e> The petitioner should consider the revegetation of lake littoral zones with native vegetation ( information can be supplied by the County Environmental Resources Staff) which would serve to both stabilize lake slopes and provide habitat for wildlife using the lake. Recommendations: The Environmental Resources Management Staff recommends approval of petition R-87-23C subject to the following stipulations: 1-4. Standard Stipulations 1 , 3, and 4, as adopted by the EAC on 4/1/87, and Standard Stipulation 2, as adopted by the EAC on 12/7/88. 5. As mandated by Policy 7.3.6 of the Conservation Element of the Collier County Growth Management Plan, a red-cockaded woodpecker survey shall be completed using the methodology of the Florida Game and Freshwater Fish Commission prior to site preparation. The survey shall be reviewed by Collier County Environmental Staff and Florida Game and Freshwater Fish Commission Staff prior to Tree Removal permitting for ^---` the site. Prepared By _Date: i 5 ° _ Reviewed By: __ Date: f;,4;--47�___ ENVIRONMENTAL RESOURCES STAFF REPORT FOR EAC MEETING 4/19/89 Petition: ST-89-2: Patricia Thomson requesting a Special Treatment Development Permit for a house to be located on the north 200 feet of the south 300 feet of lots 5 and 6 of "South Naples Shores" on Kee Island. Considerations: 1 . The subject property is located on Kee Island, and is 200 feet wide (north to south) and 360-385 feet along its length (east to west across the island) , with an area of approximately 1 .71 acres. 2. The parcel is zoned "A-2 ST" which allows for a single family residence as a principal use, although only at the density of one home per 5 acres of land. However, this parcel was platted in 1953 (South Naples Shores, Plat Book 3, page 11 of the public records of Collier County) , and is therefore exempted from the 5-acre minimum lot size required for a single family home in this zoning district. 3. A site inspection of the subject property was conducted on March 9, 1989 by Andrea Stevens (Environmental Resources Staff) , accompanied by Patricia Thomson (property owner) and Larry Warner (Architect) . 4. An existing L-shaped boat dock provides access to the property from the east (Little Marco Pass) . 5. Between 1982 and 1984, a house was constructed on the parcel , although a 1984 fire (possibly gas-ignited) burned the structure to the ground. The only remnants of the former structure include some concrete footings, a septic tank, a utility shed, and a well . 6. The proposed house will be located west of the location of the burned structure, in an area recently impacted by storm activity (Tropical Storm Keith) . Several large Australian pines (up to 12 inches in diameter) have been uprooted across the western 1/2 of the site. 7. The home design includes the following features: a) The structure will encompass 1584 square feet which will include the main living quarters and an attached guest home. b) The main home will include a living room, a deck, a studio, a kitchen, a bedroom, and a bath. c) The house will be designed to withstand the 100-year storm ;,.-• event (a coastal zone requirement in Collier County) . d) The house will be elevated by wooden pilings to a height of 13 feet above ground level . Staff Report ST-89-2 EAC Meeting 4/19/89 Page 2 8. Water will be either carried to the site or collected in a cistern. 9. Electric power will be generated in the existing utility shed. 10. Waste products will be treated in the existing septic tank ( to be relocated) and a septic field. 11 . The site is heavily infested with the exotic Australian pine (Casuarina eouisetifolia) with diameters of up to 14 inches. The exotic Brazilian pepper (Schinus terebinthifolius) is also scattered across the parcel . Native vegetation on the property, outside of the disturbed areas, includes beach elder (Iva spp. ) cabbage palm ( Sabal palmetto) , coco plum (Chrysobalanus icaco) , oaks (Quercus spp. , saplings of 3 feet or less in height) , Virginia creeper (Parthenocissus ouinouefolia) , coin vine (Dalberohia ecastophyllum) , and various grasses. Buttonwood (Conocarpus erectus) grows along the eastern shoreline of the parcel , adjacent to the dock. 12. Marco Boulevard (unimproved) traverses the property from north to south, although this road is indistinguishable on site. 13. The structure will be located east of the Coastal Construction Control Line (CCCL) , so state and county variance permitting will not be necessary unless construction commences after the proposed CCCL ( located further east of the existing line) takes effect. 14. The petitioner is well aware of the environmental sensitivity of the Kee Island barrier system, and has proposed a structure which reflects this concern. The structure itself will have minimal impact on the island ' s native habitats, as most of the site and surrounding areas are infested with exotic species. Recommendations: The Environmental Resources Staff recommends approval of petition ST-89--2 subject to the following stipulations: 1-4. Standard Stipulations 1 , 3, and 4, as adopted by the EAC on 4/1/87, and Standard Stipulation 2, as adopted by the EAC on 12/7/88. Prepared By: Date: Date: -5 i7 Reviewed Date: 2/2? //;( 2 ENVIRONMENTAL RESOURCES MANAGEMENT STAFF REPORT FOR EAC MEETING 4/19/89 Petition: PDA-88-14C; R. Bruce Anderson, of Young , van Assenderp , Varnadoe, and Benton, representing Republic Development Corporation of Ohio ; requesting document language and master plan amendments to a Planned Unit Development ( Briarwood ) . Considerations: The property in question is an irregularly-shaped , 210 acre site located approximately one mile east of Airport Road , north of Radio Road , and south of the Golden Gate canal . The site is bordered to the south by Radio Road , to the west by I-zoned land (Collier County Industrial Park ) , to the east by A-2 and estates (E) zoned land , and to the north by the Golden Gate canal (R26E, T49S, S31 ) . The site was inspected on 15 and 16 March by Keith Edwards (ERM) . Petitioner is requesting language and master plan amendments to the original Briarwood PUD (76-22) . These amendments include: 1 . Elimination of the golf course to be replaced by larger storm water retention lakes, open space, and larger lots; 2. Creation of three conservation areas located along the western boundary of the site; 3. Upgrading the original 395 single family modular and mobile residences to 395 single family residences (3.3.A) ; 4. Permission to sell excess fill material generated by construction of the project for off-site purposes (2.3.D) ; 5. Reducing the minimum square footage for multi-family units from 800 to 750 (4.5. 3) ; 6. The addition of shopping centers as a permitted principal use for the commercial tract (6.2.A.3) ; 7. Elimination of the second paragraph of section 7. 19 relating to golf course irrigation and pumping of water from the Golden Gate canal for such purposes; 8. Temporary location of a sewage treatment plant in the multi-family tract until the project can be connected to County services. Upon connection to the County ' s system, the area will utilized for multi-family units (4.9) ; and 9. Permission to construct access routes to the future Livingston Road extension. The southern two-thirds of the site has been heavily invaded by melaleuca (Melaleuca guinguenervia) . Brazilian pepper (Schinus terebinthifolius) has also invaded the site, though not l Staff Report EAC Meeting 4/19/89 Page 2 as heavily as melaleuca. The area is predominantly a pine flatwood although in some areas melaleuca has out-competed the pine, resulting in melaleuca monocultures . The canopy is dominated by slash pine (Pinus elliottii var . densa) and melaleuca. The understory is also dominated by these same two species. Associated understory species include bald cypress (Taxodium distichum) , strangler fig (Ficus aurea) , dahoon holly ( Ilex cassine) , and palmetto (Serenoa reeens) . These associated understory species occur only sparingly throughout the site. Groundcover is densest in the northern one-third , where melaleuca is sparsest , and occurs in the southern two-thirds only where there is a break in the canopy. Groundcover throughout the property is dominated by black needle rush (Juncus roemerianus) and various graminoids. In several places, disturbance species such as grape vine (Vitis rotundifolia ) , love vine (Cassytha filiformis) , and catbrier (Smilax laurifolia) occur in very dense tangles. The appearance of these disturbance species and the heavy growth of the exotics illustrates that the area has been impacted , probably caused by drawdown due to the nearby canal and by adjacent development . Petitioner , as noted in the proposed amendments , is planning to set aside three areas along the western boundary of the site as conservation areas. The most northern area, situated in the northwest corner of the property , is an impacted cypress wetland . Dominant vegetation species include bald cypress, cabbage palm (Sabal palmetto ) , dahoon holly , button bush (Cephalanthus occidentalis) , swamp fern (Blechnum serrulatum) , dog fennel (Eupatorium capillifolium) , Brazilian pepper , and grape vine. The area has been impacted due to drawdown caused by the presence of the nearby Golden Gate canal . This is evident in the presence of the Brazilian pepper , dog fennel , and grape vine. The second conservation area is situated roughly one-quarter of a mile south of the first area. This area is a more xeric habitat consisting of pine flatwoods with palmetto patches. Associated species include oaks (Quercus spp . ) and rusty lyonia (Lyonia ferruginea) with scattered cabbage palms and patches of pennyroyal (Piloblephis rigida ) . The third , and most southern, conservation area is a cabbage palm hammock situated roughly 900 feet north of Radio Road . Considering where the property is situated in the urban area, this area is a very good example of a hammock habitat . The hammock is dominated by cabbage palms. Associated species include several large oaks (DBH= 2-5 feet ) , white stopper (Eugenia axillaris) , lancewood (Nectandra coriacea) , red mulberry (Morus rubra) , wild coffee (Ps'chotria nervosa) , and poison ivy ( Toxicodendron radicans) . Several gopher tortoise (Gopherus polyphemus) burrows were found throughout the property . Petitioner has noted in the supplemental Environmental Impact Statement (EIS) that the J Staff Report EAC Meeting 4/19/89 Page 3 population of gopher tortoises appears to be an old , non- reproducing population. Petitioner has stated ( telephone conversation with Willis Kingsbury of Wilson, Miller , Barton, Soil , and Peek , Inc . , 4/03/89) that areas within the proposed development have been conserved where several of the burrows are located . Other tortoises, in conjunction with the permitting requirements of the Florida Game and Freshwater Fish Commission (FGFWFC) , are to be transferred to the second conservation area. No other wildlife species were noted . Recommendation: The property has been impacted due to drawdown by the nearby Golden Gate canal and by adjacent development . This drawdown has allowed for the invasion and establishment of such noxious exotic species as melaleuca and Brazilian pepper . A well planned development may actually enhance several areas of the property. In that regards, ERM recommends that petitioner should incorporate the native vegetation on site into the landscaping plan. Considering the above, ERM recommends approval for petition PDA-88-14C subject to the following stipulations: 1-4. Standard stipulations 1 , 3, and 4 as adopted by the EAC on 4/ 1/87, and standard stipulation 2 as adopted on 12/7/88. 5. In conjunction with the Florida Game and Freshwater Fish Commission (FGFWFC) , petitioner shall transfer the gopher tortoises to the conservation areas and/or leave the tortoises where they are presently located . This is also in accordance with policies 1 . 1 .5 and 7.3.5 of the Collier County Growth Management Plan. 6. Petitioner shall designate the three areas along the western border of the site ( the cypress wetland , xeric habitat , and cabbage palm hammock ) as conservation areas. These areas shall be so designated on all subsequent site plans. Buffer zones, at least 10 feet wide, shall also be established around each conservation area and shall be designated on all future site plans. Prepared by: _g- �L:�u�= ,1_ � __- Date: l5 / ?� _- ---- Reviewed by: _ ; A Date- ' 7 J l MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: April 19, 1989 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT ADDISON X BURCH X KURGIS X EDWARDS X NEALE ABS WEEKS X SNYDER X TURRELL X MINUTES BY: Annaliese Kraft, Deputy Clerk CALLED TO ORDER AT: 8 : 50 A.M. ADJOURNED: 10 : 30 A.M. PRESIDING: Sharon Kurgis, Chairman ADDENDA TO THE AGENDA: Items added by Dr . Snyder and Ms. Kurgis. APPROVAL OF MINUTES: March 1 , 1989 Page 1 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 ITEM: Minutes of March 1 , 1989 MOTION: Made by Mr. Turrell to approve the minutes of March 1 , 1989, as presented. Seconded by Mr. Addison. Carried 3/0. * * * PETITION NO. R-89-2/PDA-89-4/SMP-89-2 FILED BY/FOR: Robert Duane of Hole, Montes and Associates, Inc. representing the 75 and Alligator Alley Development Corporation, Inc. REQUESTING: Rezoning from PUD to C-4, an amendment to the Cali Industries PUD, and a Subdivision Master Plan Approval * * * Dr. Snyder arrived at 8:55 A.M. * * * COMMENTS: Mr. Duane pointed out the aerial photo on the wall and the copy of the PUD Master Plan. He noted that there would be some adjustments to the previously approved PUD. He stated that the property is located at the intersection of S.R. 951 and Davis Boulevard. The Petitioner is requesting the C-4 boundary be moved north, resulting in reduced acreage in the PUD. Mr. Duane noted several changes in the Staff Report . He indicated that the permitting pro- cess with DER and the Southwest Florida Water Management District increased the amount of open space on the site. He stated that the 10 acres indicated in the Staff Report of wetlands will be reconstructed and that mitiga- tion will include approximately 14 acres. He noted the entire site comprises 40 acres and 40% of the site will be reconstructed wetlands above and beyond any provisions included in the prior PUD. Mr. Duane stated that there are other issues in the Staff Report : 1 ) the Petitioner will Page 2 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 minimize impacts on the sable palm hammock with project designs and relocate it into the C-4 district ; 2) the sewage treatment plant will be relocated to an area allowing for minimal impact on the northerly pine flat- woods habitat ; 3) wetlands will be constructed as an alternate means to handle water manage- ment . Craig Smith of Kevin Irwin Consulting Ecologists, briefly described Petitioner ' s wetland mitigation. He stated the mitigation area consists of 13 . 45 acres of mitigation wetlands, and the majority of the area will be forest and wetlands planted with a mixture of cypress, red maple, and popash. He noted the deeper area in the middle is planted with her- bacious species such as pickerweed, arrowhead to give more of a diverse habitat for fish and other aquatic organisms during dry periods. He noted that this area will have to be regraded and recontoured to allow sufficient water levels to exist on site to ensure that the system will be viable. Mr . Addison asked how much of the site was claimed by the Army Corps of Engineers? Mr . Duane replied 60 or 70% of the site. He noted that the 40 acre site is about 40% and not quality wetlands. He indicated that the site has been cleared and the water has been cut off by Davis Boulevard, S .R. 951 and I-75 . He stated the area is being invaded by melaleuca and, with the exception of small sable palm, hammock and remnants of some pine flatwoods on the northern portion of the site, it is not a viable system. Mr. Turrell questioned if the restoration area is going to be regraded and replanted? Mr. Duane replied that outside of the wetlands area the Petitioner will use the balance of the site for a future shopping center, a motel site and a temporary treatment plant which will become an office building or a condo- minium. Dr . Snyder stated the question was "Will there will be existing trees left in the mitigation area, or will it be completely regraded"? Mr . Burch responded that it will be Page 3 .-� ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 completely regraded. Dr . Snyder asked if that will include the pine flatwoods at the northern end? Mr. Burch replied "yes" . Mr . Addison questioned if they specifically stipu- lated clearing those remnant pine flatwoods? Mr. Burch replied they are clearing that to get additional acreage for the wetland mitiga- tion, however, there are not that many pine trees. Dr. Snyder noted that there has been substan- tial clearing since ' 85 . Mr. Addison questioned how will they manage keeping the melaleuca from reinvading? Mr. Burch replied part of it will be through regrading and bringing the water level up and a maintenance plan will be established to keep out the nuisance species. Ms. Kurgis indicated she had a concern about the hammock area, it looks like the building will remove the hammock area. Mr. Burch stated that this will be a dumbbell shaped area of small cabbage palms. Mr. Burch replied to Mr . Addison' s question about the type of understory, "red bay, saw palmetto, and melaleuca around the edges, it is not a mature cabbage palm hammock with typical spe- cies. " He stated these species can easily be relocated on the site. Mr . Addison questioned Staff as to what the final form will be; is there any flexibility in the final design? Mr . Duane replied that the design before the EAC having basically given 40% of the site towards mitigation leaves few opportunities to position that building. He noted there is a 20 foot main- tenance easement and buffer area going around the edge of the property, and there are ample opportunities to relocate. Ms. Kurgis asked Staff if any kind of moni- toring as far as mitigation is necessary? Mr . Turrell indicated assurance of exotic control plans or mitigation plans should be subject to review and approval of someone on Staff . Mr. Burch replied there will be a monitoring program required by DER, the Army Corps of Page 4 �-� ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 Engineers and the Water Management District as part of the concurrent mitigation plan and DER programs run for about 5 years or until a success criteria is met . He stated that an annual report is required, pre-construction monitoring is done and at the end of each growing season after construction of the pro- ject, monitoring is done to determine growth and viability of the planted species. Mr. Turrell inquired about the removal of the sable palm hammock? Mr. Burch replied that they can be relocated. Mr. Duane stated that the original stipulation was contained in a prior PUD and this particular area is not going to be located in that PUD, it will be in the C-4 commercial area subject to the same standards of the tree clearing ordinance. Ms. Kurgis noted that in the original Staff Report of 1987 there is a stipulation that the petitioner should investigate project designs to minimize impacts of the sable palm hammock in the south central portion of the tract . She stated that if the sable palm ham- mock cannot be left in its original location, EAC would prefer that the hammock is relocated to another area of the project . David Weeks, Project Planner, asked for clari- fication of the stipulation, "it is to be moved intact as opposed to scattered about the site, to remain as a hammock clustered" . Mr . Turrell replied "yes" and Mr . Duane noted Petitioner had no objections to that . Mr. Edwards stated that everything was covered in the Staff Report except for the 4 addi- tional mitigation acres that staff received notice of after the report had been written. MOTION: Made by Dr. Snyder to recommend approval of Petition R-89-2/PDA-89-4/SMP-89-2 with the six stipulations as listed below. Seconded by Mr. Turrell. Carried 4/0. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in Page 5 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be sub- mitted in phases to coincide with the develop- ment schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . 2 . Native species shall be utilized, as described below, in the site landscaping plan. A land- scape plan for all landscaping on the develop- ment shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be sub- ject to their approval . The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher per- centage of trees or shrubs can offset an equal percentage of ground cover. For example, the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspec- Page 6 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 tion intervals, shall be filed with and sub- ject to approval by the Natural Resources Management Department and the Community Development Division. 4. If, during the course of site clearing, exca- vation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all develop- ment at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageabi- lity. The Natural Resources Management Department will respond to any such notifica- tion in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5 . Petitioner should investigate project designs to minimize impacts in the sable palm hammock located in the south central portions of the tract and if not feasible, the hammock should be relocated to another area of the project . 6. The annual reports on the mitigation and moni- toring program should be made available for review and approval by the NRMD. * * * PETITION NO. : ST-89-2 FILED BY/FOR: Patricia Thompson, Petitioner REQUESTING: Special Treatment Development Permit for house on Keewaydin Island COMMENTS: Larry Warner, Architect represented Patricia Warner who was unable to attend. A general discussion followed as to whether or not a letter was required from Patricia Thompson and the general consensus agreed to let Mr. Warner continue with Mrs. Thompson submitting an after-the-fact letter. Page 7 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 Mr. Warner stated that this is a lot on Keewaydin Island with an existing structure on the bayside that was destroyed by fire and the owner, Patricia Thompson, desires to build a new house relocated towards the center of the site. Mr. Warner indicated that the house is a self-contained building using solar energy for power and water from a cistern. Mr . Edwards stated the property is located on Keewaydin Island on 1 . 71 acres; a fire destroyed the house and the remnants are concrete footings, a septic tank, utility shed and a well . He noted that the proposed house will be located west of the burned areas, and the home will be designed with standard 100 year storm event and will be elevated by wood pilings to a height of 13 feet above ground level, water will be collected in a cistern or carried in to the site and electric will be generated by an existing utility shed, petitioner wishes to use the existing septic tank site. He indi- cated the site is heavily infested with Australian Pines and some native vegetation species i .e. beach elder, cabbage palm, coco plum, oaks, Virginia creeper, coin vine and buttonwood. He stated that Petitioner is well aware of environmental sensitivity of the island as a barrier island and has proposed a structure which reflects this concern and will have minimal impact on the island' s native habitat . He stated that Staff recommends approval of Petition with 4 standard stipula- tions. Mr . Addison questioned if a structure system that size requires a septic system for per- mitting or can chemical toilets be used? Mr. Warner replied that the Building Department will not issue a permit without a septic system. He stated that Mrs. Thompson is an artist and will use it only as a studio for weekends and vacation use when her children visit. Mr. Addison stated that he would like to see chemical toilets used. A lengthy discussion followed about chemical toilets vs. septic systems and how chemical n Page 8 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 toilets are being used in the Keys, Keewaydin Island and Little Marco Island. The EAC would like to encourage the use of chemical toilets for both environmental and economic reasons, and the Building Department should be apprised of that because the County will not issue a building permit without a septic system. Mr. Turrell stated that a stipulation should be inserted regarding solid waste and garbage. He indicated that the garbage should be bagged and taken off the island, not buried. s s * MOTION: Made by Mr. Turrell to recommend approval of Petition ST-89-2 subject to the six stipula- tions listed below. Seconded by Mr. Addison. Carried 4/0. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be sub- mitted in phases to coincide with the develop- ment schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval . The landscape design shall incorporate a minimum Page 9 ,-� ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can off- set an equal percentage of ground cover. For example, the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall depict the incorporation of native species and their mix with other spe- cies, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development , a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspec- tion intervals, shall be filed with and sub- ject to approval by the Natural Resources Management Department and the Community Development Division. 4. If, during the course of site clearing, exca- vation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all develop- ment at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageabi- lity. The Natural Resources Management Department will respond to any such notifica- tion in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Page 10 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 5 . Encourage the use of chemical toilets instead of septic systems. 6. All garbage should be bagged and taken off Keewaydin Island. * * * PETITION NO: R-87-23C FILED BY/FOR: Q. Grady Minor of Q. Grady Minor and Associates, P.A. representing Samuel Hubschman REQUESTING: Zoning Change from E to PUD COMMENTS: Q. Grady Minor stated that this project was previously known as "Edenwood" and is now known as "Falling Waters" . He noted that the project is approximately 88 1/2 acres on the south side of Davis Boulevard, west of the intersection of Davis Boulevard and Santa Barbara Boulevard and the number of dwelling units has been reduced from 796 units to 490 units. He referred to the displayed map depicting the project and noted the orange parcel includes a commercial request located in the activity center allowed by the Comprehensive Plan. He stated that the Corps of Army Engineers jurisdictionally determined the environmental areas reflected in this map. He noted that the two smaller brown areas are cypress preserves, the light green areas are the residential multi-family, the orange is commercial and the blue areas are lakes, the red area is the future Santa Barbara extension with a 100 foot of right-of-way being donated and the dark green is the miti- gation area, totalling 21 1/2 areas. He stated that the existing ground elevation will remain as it exists and all of the existing indige- nous vegetation will remain and exotic vegetation will be removed. Staff has recommended appro- val with stipulations and Petitioner agrees to the stipulations. Mr . Edwards stated that the Petitioner is required to set aside mitigation areas to fulfill the permitting requirements of the Army Corps of Engineers and Petitioner has Page 11 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 indicated that these mitigation preservation areas will be used only for low impact recreational areas. He noted that the two preservation areas on site are two isolated wetland habitats dominated by pond cypress with wax myrtle, dahoon holly and strangler fig as the understory and shrub layer species with the ground cover dominated by sawgrass and scattered swamp fern. He stated that the cypress trees support several epiphytic spe- cies including the butterfly orchid and the twisted airplant and most of the property is slash pine flatwood with saw palmettos in the shrub layer and some brazilian peppers in iso- lated areas of the subject property. He indi- cated that additional vegetation in the flatwood areas include wax myrtle, rusty lyonia and coco plum and pine and cypress are also found on the property. He noted that the fourth habitat on the parcel is a palmetto prairie with few canopy trees, rusty lyonia, gallberry and shiny blueberry. Mr. Edwards indicated that there are several concerns Staff has with this project, i .e. the permitted activities in the designated preservation and mitigation areas are not clearly defined in the PUD and it is not clear where the boundaries of preservation areas are located. He stated that Staff requests option to review flagging of these boundary areas prior to any tree removal per- mitting. He also noted that there are several active red-cockaded woodpecker colonies northeast of the subject property and staff requests a red-cockaded woodpecker survey be completed of the area within a few months prior to the clearing. Mr. Edwards also stated that the Staff recom- mends preserving as much of the existing native vegetation in islands, dividers, buf- fers and revegetation of lake vittoral zones with native vegetation. Staff recommends approval with stipulations as noted above. Ms. Kurgis added a stipulation that mitigation areas noted on the PUD should be labeled as Page 12 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 mitigation and preservation areas and before any tree removal permits are issued these areas must be approved and flagged by the NRMD. She noted that activities should be limited to walking, running and horseback riding paths, to which Petitioner replied "That is fine with us as long as the final acreage is 21 and 1/2 as agreed to on the plan" . Dr. Snyder questioned where does the document note vegetation and ground elevation remain the same? Mr. Minor replied it was on the master concept plan. Mr. Minor and the EAC conferred with docu- ments, maps and plans regarding mitigation and preservation areas. Mr. Minor indicated that preservation means it will not be touched, while mitigation means it can be cleaned up as far as exotics and put paths and trails through it ; otherwise it remains the same. Dr. Snyder noted the wording should be expanded in the PUD document and the Petitioner agreed. Ms. Kurgis stated that a stipulation should be inserted to "allow native vegetation to remain, exotics to be removed and ground ele- vation to remain at existing levels" . Mr . Turrell questioned whether the boundaries are flexible and if the Petitioner is in the pro- cess of permitting this? Mr. Minor replied the DER has not been on site, but the Army Corps of Engineers has. Mr. Minor noted approval from the Water Management District has been sought . Mr. Turrell expressed concern about the cypress dome area being bermed out . Mr. Minor replied the Water Management District did not mention this in their 30 day letter. A discussion followed about water runoff . Mr. Weeks questioned if the Water Management District prohibits discharging on-site water into the wetlands area? Mr. Minor indicated a permit could be obtained to discharge a small Page 13 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 amount into there. Mr. Weeks noted it might be economically and environmentally feasible to discharge water into that cypress area. A discussion followed about water discharge and the Water Management District . Mr. Weeks suggested that Petitioner investi- gate water discharge and the possibility of working with adjacent property owner to enhance viability of the wetland area. Mr. Turrell noted concern about the grading Ms. Kurgis noted that before any developing, boundaries must be flagged and approved by NRMD and the Petitioner should investigate water management design to keep the wetlands viable in the 1 . 6 acre preserve area in Tract "G. " A discussion followed about transplanting pro- tected plant species, tree removal permits, field inspections and staff noted these con- cerns are written into tree removal permits. Ms. Kurgis indicated concern that the trees and plants are identified and transplanted before the trees are gone. Mr. Edwards explained this procedure has been accomplished in the past a few times and has been done suc- cessfully through the tree removal permitting procedure. He noted that during the site inspection for tree removal , the protected plant species and epiphytes can be identified and flagged and transplanted or removed and put into the mitigation areas as conditions for tree removal . Mr. Minor stated that all of them cannot be transplanted but 21 1/2 acres will have them. Petitioner agreed to investigate the possibi- lity of transplanting some of the protected plant species in answer to Mr. Turrell ' s query about specific and blanket specimens to be flagged. Ms. Kurgis discussed revegation of the lake and Mr. Turrell noted that he would like native specimens established less likely to grow in the lake. Dr . Snyder suggested Page 14 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 Petitioner should consider the re-vegetation of portions of the lake littoral zones. MOTION: Made by Dr. Snyder recommending approval of Petition R-89-23C with the ten stipulations listed below. Seconded by Mr. Addison. Carried 4/0. 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the deve- lopment schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval . The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can off- set an equal percentage of ground cover. For example, the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall depict the incorporation of native species and their mix with other spe- cies, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. Page 15 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development , a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspec- tion intervals, shall be filed with and sub- ject to approval by the Natural Resources Management Department and the Community Development Division. 4 . If, during the course of site clearing, exca- vation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all develop- ment at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageabi- lity. The Natural Resources Management Department will respond to any such notifica- tion in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5 . As mandated by Policy 7 . 3 . 6 of the Conservation Element of the Collier County Growth Management Plan, a red-cockaded wood- pecker survey shall be completed using the methodology of the Florida Game and Freshwater Fish Commission prior to site preparation. The survey shall be reviewed by Collier County Environmental Staff and Florida Game and Freshwater Fish Commission Staff prior to Tree Removal permitting for the site. 6 . The PUD document should contain language describing the mitigation areas as areas of native vegetation in which exotics are removed and ground elevations are to remain at existing elevation and permitted activities being limited to footpaths, hiking trails, picnic areas. The Environmental Resources Page 16 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 Staff shall review the flagging of these boun- daries prior to tree removal permitting. 7. The Petitioner should investigate re-designing the water management system to allow water entry into the northern cypress preserve on Tract "G" . 8 . The Petitioner should investigate the possibi- lity of transplanting some of the protected plant species from areas to be cleared to areas which will be preserved on site. These species include the twisted airplant, the golden polypody fern and the butterfly orchid. 9. Since multi-family units require large parking areas ( i .e. substantial clearing) , the Environmental Resources Staff suggests that the Petitioner preserve as much of the existing native vegetation in the green spaces of the parking areas ( i .e. islands, dividers, buffers) . Keeping and enhancing existing native habitats on site for incorporation into landscape design is a priority of Policy 6. 5 . 1 of the Conservation Element of the Collier County Growth Management Plan. 10. The Petitioner should consider the revegeta- tion portions of the lake littoral zones with native vegetation ( information can be supplied by the County Environmental Resources Staff) which would serve to both stabilize lake slo- pes and provide habitat for wildlife using the lake. * * * PETITION NO. : PDA-88-14C FILED BY/FOR: R. Bruce Anderson of Young, Van Assenderp, Varnadoe and Benton representing Republic Development Corporation of Ohio REQUESTING: Document language and master plan amendments to a Planned Unit Development (Briarwood) COMMENTS: Attorney Anderson stated Petitioner is in agreement with all of Staff ' s stipulations, but one Page 17 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 correction was made after the Staff Report was prepared. He noted that Item No. 7 listing the Amendments made to the PUD, at the request of the South Florida Management District, would retain the provision regarding pumping water from the Golden Gate Canal to replenish the lakes in the project . He indicated that South Florida thought it would help the water quality in the canal . Mr. Anderson stated that Briarwood was one of the oldest undeveloped PUDs in Collier County, and these changes are in response to changes occurring in the market, upscaling of the pro- ject, elimination of the golf course area and going to larger lakes, conservation and buffer areas. He indicated it is a 210 acre proejct with 395-single family dwelling units, 205 multi-family units and a community commercial area at the intersection of Radio Road and Livingston. Mr. Edwards noted that the southern 2/3rds of the site has been heavily invaded by melaleuca and Brazilian peppers, predominantly the area is a pine flatwood, but melaleuca invasion has resulted in a melaleuca monoculture. He stated that the canopy is dominated by slash pine and melaleuca and these two species dominate the understory which include bald cypress, strangler fig, dahoon holly and palm meadow which occur sparingly throughout the site. He indicated that ground cover is densest in the northern 1/3rd where melaleuca is the sparsest and occurs in the southern 2/3rds where there is a break in the canopy. He stated the ground cover is dominated by black needle brush and various graminoids and that distur- bance species such as grape vine, love vine and catbrier occur in dense tangles. He noted that the nearby Golden Gate canal drawdown and adjacent development has impacted the area with these disturbance species and exotics. He stated that there are 3 conservation areas; the most northern one situated on the north- west corner of the property is an impacted cypress wetland and dominant species include bald cypress, cabbage palm, dahoon holly, but- ton bush, swamp fern, dog fennel , Brazilian Page 18 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 pepper and grape vine also impacted by the drawdown of the Golden Gate Canal . He stated that the second conservation area situated 1/4 mile south of the first area is a more xeric habitat consisting of pine flatwoods with palmetto patches and associated species include oaks, scattered cabbage palms, rusty lyonia and patches of pennyroyal . He noted the third and most southern conservation area is a very good cabbage palm hammock dominated by cabbage palms including large oaks which have deviage of 2 to 5 feet, and other asso- ciated species, i . e. white stopper, lancewood, red mulberry, wild coffee and poison ivy. Mr. Edwards stated that several gopher tortoise burrows have been found at the site even though Petitioner has noted in the EIS that the gopher tortoise population appears to be old and non-reproducing. He noted that Mr. Kingsbury of Wilson, Miller, Barton, Soll & Peek, Inc. stated that areas in the proposed development have been conserved where several of the burrows are located and the others are to be transferred to the second conservation area in conjunction with permitting require- ments of the Florida Game Freshwater Fish Commission. Staff recommends approval subject to the four standard staff stipulations and another stipulation regarding the gopher burrows. Staff also recommends designating the 3 areas along the western border of the site as conservation areas on all subsequent- site plans and buffer zones of 10 feet wide shall be established around each conservation area and so designated on all site plans. Mr . Turrell asked Mr. Anderson if Tract "E" will have a 10 foot buffer around it? Mr. Anderson replied "Yes, indeed" . Mr. Turrell commented that this is the only hammock left in the City of Naples with any tropic area left with mastic, bustic and sympson stopper and may be an archeological site. He noted he would rather see a 20 foot buffer around it. Mr . Anderson replied "that would be fine" . Ms. Kurgis asked if anything was lost from the original stipulations? Mr. Edward replied Page 19 ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 "No, when this project first came through in 1976 there were 3 total stipulations for the whole project and these are encompassed within the 4 standard stipulations. " Mr . Turrell noted he did not make himself clear about the buffer; Tract "E" , Parcel 1 should have the larger buffer. MOTION: Made by Mr. Turrell to recommend approval of Petition PDA-88-14C with seven stipulations as listed below. Seconded by Dr. Snyder. Carried 4/0. 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be sub- mitted in phases to coincide with the develop- ment schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval . The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover . At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can off- set an equal percentage of ground cover. For example, the use of 70% native trees could Page 20 • ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 allow the use of only 50% native ground cover . This plan shall depict the incorporation of native species and their mix with other spe- cies, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspec- tion intervals, shall be filed with and sub- ject to approval by the Natural Resources Management Department and the Community Development Division. 4. If, during the course of site clearing, exca- vation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all develop- ment at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageabi- lity. The Natural Resources Management Department will respond to any such notifica- tion in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5. In conjunction with the Florida Game and Freshwater Fish Commission (FGFWFC) , Petitioner shall transfer the gopher tortoises to the conser- vation areas and/or leave the tortoises where they are presently located. This is also in accordance with policies 1 . 1 .5 and 7 . 3 . 5 of the Collier County Growth Management Plan. 6. Petitioner shall designate the three areas along the western border of the site (the Page 21 • ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 cypress wetland, zeric habitat, and cabbage palm hammock) as conservation areas. These areas shall be so designated on all subsequent site plans. Buffer zones, at least 10 feet wide, shall also be established around each conservation area and shall be designated on all future site plans. 7 . Petitioner shall provide a 20 foot buffer around the conservation area in Parcel 1 of 3 in Tract "E" . s s * ITEM: Addendum - Change of Staff CATS: Mr . Burch stated that Andrea Stevens has taken a position with Massachusetts and is no longer with the County. He noted that Mr. Edwards will be the primary contact for natural resources petition review for the EAC and doing most of the development order review for environmental concerns. He stated that he plans to attend the meetings or have a repre- sentative here to keep up on EAC meetings, but he is now in the newly created Environmental Services Division of Collier County. A discussion followed about the different divi- sions; a new float chart which will be pro- vided to the EAC and a guide to the new Community Services Development Building. David Weeks will see that the EAC gets the new guide. Notice has gone out for a replacement for Andrea Stevens. Dr. Snyder questioned if anything had been done on landscape code development? Mr. Turrell stated that he spoke with Ellen Goetz about interfacing with the County. A discussion continued about the landscape com- mittee; hiring a landscape architect and revi- sion in the zoning ordinance for interim land development regulations. Mr . Addison asked if there was any way the EAC can get the Building Department to back off issuing permits for a septic system when a Page 22 ' • ENVIRONMENTAL ADVISORY COUNCIL APRIL 19, 1989 chemical system would be preferable? Ms. Kurgis suggested EAC write a letter to the County recommending investigation of the per- mits given for septic tanks rather than chemi- cal toilets, especially regarding Keewaydin Island. Mr . Turrell stated he will contact Monroe County and get the background needed to draft the letter. Mr. Weeks suggested Mr. Turrell request a copy of Monroe County' s Building and Environmental Health Codes that provide for the use of chemical systems. Ms. Kurgis thanked Staff for their reports which reflected EAC ' s concerns and became sti- pulations. She questioned when next meeting was. Mr. Addison replied "May 3rd" . There being no further business, the meeting was adjourned by Order of the Chair. ENVIRONMENTAL ADVISORY BOARD /"N Sharon Kurgis, Chairman Page 23