EAC Agenda 06/19/1991 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
June 19, 1991
8:45 A.M.
I. ROLL CALL
II. APPROVAL OF MINUTES
III. ADDENDA
IV. STAFF REPORT
A. PROPOSED ADMINISTRATIVE APPROVAL
1. PU-91-3 : Mark Lamoureux, P. E. of M.L.E. ,
representing Florida Cellular RSA, Ltd. Par. ;
requesting a provisional use Section 8. 10 of
Estates zoning for Essential Services.
2 . PUD-84-30 (1) /DOA-91-4: Barbara Cawley of
Wilson, Miller, Barton & Peek, Inc. ,
representing The Vineyards Development
,^ Corporation; requesting a PUD Amendment to The
Vineyards PUD and a Development Order
Amendment.
V. OLD BUSINESS
A. PUD-87-12 (1) : Robert H. Flinn of Audubon Joint
Venture; requesting a PUD Amendment to Audubon
Country Club. (RESUBMITTED WITH CHANGES)
VI. PUBLIC HEARINGS
A. PUD-91-5: Ronald L. Hurt of Anchor/American
Engineering Co. , representing Leo Petronzio;
requesting a zoning change from A-2 to PUD "East
Trail RV Park" .
B. R-91-2/SMP-91-3 : J. Gary Butler of Butler
Engineering, Inc. , representing Ericksen
Communities, Inc. ; requesting a zoning change
from A-2 to RSF-4 and subdivision master plan
approval for "Parson's Green".
VII. NEW BUSINESS
A. EPTAB - update
VIII. DISCUSSION OF ADDENDA
n
IX. ADJOURNMENT,
X. WORKSHOP
A. Proposed Coastal Barrier Management Plan
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NOTES:
A. Notify PROJECT REVIEW SERVICES (Environmental Staff)
(643-8470) no later than 5 P.M. on Monday June 17, 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.
********** *********** **********
*************************************************************
-2-
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 6/19/1991
Petition: PU-91-3 : Mark Lamoureux, P. E. of M.L.E. ,
representing Florida Cellular RSA, Ltd. Par. ;
requesting a provisional use Section 8. 10 of
Estates zoning for Essential Services.
Considerations:
The five (5) acre tract is located south of Immokalee Road,
east of Wilson Boulevard, on the north side of 24th Ave. N.
E. , approximately five hundred (500) feet south of the Big
Corkscrew Island Fire Rescue Station.
The petitioner is requesting a provisional use Section 8. 10
of Estates zoning district to construct a communication
tower. The proposed tower and associated structures,
including access and water retention areas, will encompass
approximately . 6 acres of the site. Most portions of the
site proposed for the future operations have been previously
cleared. The remaining portions of the site are vegetated
with transitional and wetland species.
- Recommendations:
In consideration of the merits of this proposal, Staff
recommends administrative approval of Petition PU-91-3
subject to the following stipulations:
1. Any future proposed expansion of the facility shall
require a separate and additional "provisional use"
approval.
2 . Siting of proposed structures and infrastructure is
subject to revision to avoid impacts to naturally
vegetated areas and shall be addressed during the site
development plan review process.
PREPARED BY: J►�7 � 4
4 DATE:
KIMBER A . POLEN
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: . Ji I - DATE: -/ 1
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
11 G
jilDATE:
REVIEWED BY: �. /Jrt 4l ��
MADAJE .KI, P. E.
•ROJECT REVIEW.;SERVICES MANAGER
Staff Reports, -91-3 , ew
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 6/19/1991
Petition: PUD-84-30 (1) /DOA-91-4: Barbara Cawley of Wilson,
Miller, Barton & Peek, Inc. , representing The
Vineyards Development Corporation; requesting a
PUD Amendment to The Vineyards PUD and a
Development Order Amendment.
Considerations:
The applicant proposes to amend the referenced ordinance to
allow the following: addition of 4 .7 acres of existing
Department of Transportation (DOT) right-of-way to the
commercial tract; add 140, 000 square feet of commercial use;
addition of a 120 room hotel; and to close off the 4th Avenue
S. W. and 5th Avenue S. W. accesses which would have
connected the project to Golden Gate Estates. The one
thousand nine hundred thirty (1930) acre property consists of
old agricultural fields and cypress wetlands. All remaining
wetlands have been previously designated as preserves.
Recommendations:
In consideration of the limited environmental impacts of the
proposed changes, Staff recommends administrative approval of
petition PUD-84-30 (1) subject to the following stipulation:
1. All previous environmental standards of The Vineyards PUD
Ordinance No. 85-15 shall continue to apply.
PREPARED BY: S gel DATE: /I
KIMBER POLEN
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: -c , j), lIl ckJ.,.DATE:
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
I /
REVIEWED BY: i ' 'SATE: Z ///f/
tHN F. MADAJ aF K I, P. E.
OJECT REVIEW SERVICES MANAGER
Staff Reports, PUD-84-30 (1) , ew
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 6/19/1991
Petition: PUD-87-12 (1) : Robert H. Flinn of Audubon Joint
Venture; requesting a PUD Amendment to Audubon
Country Club. (RESUBMITTED WITH CHANGES)
Considerations:
Petition PUD-87-12 (1) was heard by the EAC on April 17, 1991.
The petition was heard for those reasons indicated in the
attached April 17, 1991 minutes. Approximately two weeks
after the EAC heard PUD-87-12 (1) and approved it with
stipulations, substantial changes were requested to the
Master Plan. These changes include:
- conservation area boundaries changes
- addition of a Bald Eagle preserve
- impacts in a designated and protected {per PUD-87-12}
3 .3± acre wetland area
- modifications to lake numbers, size and locations
- PUD language
On 5/20/1991 Staff received the revised PUD document to
review. Staff has not been able to review the changes
sufficiently due to time restraints and, limited information.
Staff recommends that if PUD-87-12 (1) is approved, that it be
approved with the following stipulations that allow Staff the
opportunity to review this proposal once sufficient
information is available. The proposed changes are, per the
petitioner, necessitated by the identification of a Bald
Eagle nesting tree on site (see Master Plan for location) .
In accordance with the Collier County Growth Management Plan
- Conservation and Coastal Management Element, Goal 7,
Policies 7. 3 .4, 7. 3 .7, 7.3.8 Staff cannot review or approve
all the recommended changes until such time as technical
assistance from the Florida Game and Fresh Water Fish
Commission (FGFWFC) and/or a FGFWFC approved Bald Eagle
Management Plan is received.
Petition PUD-87-12 (1) was heard by the Collier County
Planning Commission on June 6, 1991, prior to an EAC review
and is scheduled for the BCC on June 25, 1991.
II
Staff Report PUD-87-12 (1)
EAC Meeting 6/19/91
Page 2
Recommendations:
Staff recommends a continuance of PUD-87-12 (1) unless
petitioner agrees to the following stipulations as approved
or amended by the EAC and any other stipulations that may
result from the EAC , June 19, 1991 public hearing.
1. Prior to the Board of County Commissioners public
hearing, the Master Plan shall be labeled Master Plan C.
2. Petitioner shall indicate on Master Plan "C" the
location and limits of the Bald Eagle Primary Protection
Zone and the outer limits of Secondary Protection Zone
as defined by the Florida Game and Fresh Water Fish
Commission (FGFWFC) .
3. Petitioner shall remove the R-3 zoning indicated on the
Master Plan from within the Bald Eagle Primary
Protection Zone unless a letter of no objection from the
FGFWFC is received by Project Review Services -
Environmental Staff and no other alternative location is
n available.
4. Petitioner shall remove the boardwalk indicated on the
Master Plan from within the Bald Eagle Primary
Protection Zone unless a letter of no objection from the
FGFWFC is received by Project Review Services -
Environmental Staff.
5. Prior to the Board of County Commissioners public
hearing, the Planned Unit Development (PUD) document
shall be rewritten to include all the proposed changes
in the "Background Purpose Section". These shall
include master plan changes to accommodate the proposed
eagle preserve and other proposed changes which may
result from the creation of the eagle preserve.
6. Prior to the Board of County Commissioners public
hearing, Master Plan "C" shall be revised to indicate
the location of the wildlife corridor referenced in the
PUD document, Section IX, F (12) "one corridor must
connect the central xeric live oak habitat with the
western, fringing wetlands. "
Staff Report PUD-87-12 (1)
EAC Meeting 6/19/91
Page 3
7. Mitigation for the proposed impacts to 3.3± acres of
wetlands shall be xeric live oak habitat unless other
suitable mitigation proposals are approved by the South
Florida Water Management District (SFWMD) . Said
mitigation shall comply with the mitigation ratios of
(SFWMD) and shall be contiguous to other xeric live oak
habitat, preferably the xeric live oak conservation area
comprising the Bald Eagle Primary Protection Zone. This
stipulation shall be contingent on the petitioner
obtaining the necessary State and Federal permits and
the upland mitigation for wetland impacts being approved
by said agencies. A conservation easement shall be
placed over the mitigation area with protective
covenants as per Florida Statutes, Chapter 704.06.
8. A conservation easement shall be placed over the Bald
Eagle Primary Protection Zone with protective covenants
as per Florida Statutes Chapter 704.06. Protective
covenants shall be offered to the FGFWFC for review and
comment.
n 9. Petitioner shall delete from proposed PUD language, 9. 02
(F) (23) Environmental Stipulations.
10. No impacts to previously designated preserves,
conservation areas or conservation and open space areas
for the proposed additional lake area(s) or relocation
and reconfiguration of lakes shall be permitted unless
required to meet the minimum retention standards of the
SFWMD and the Collier County Excavation Ordinance.
11. All previous environmental standards of PUD Ordinance
No. 87-12 shall continue to apply unless specifically
amended by this amendment.
12 . A FGFWFC approved Bald Eagle Management Plan shall be
submitted to Project Review Services - Environmental
Staff, prior to site plan submittal or with the initial
submittal.
13 . PUD-87-12 (1) shall be subject to the Bald Eagle
guidelines and protocols of FGFWFC or the Collier County
Bald Eagle Protection Ordinance, whichever is applicable
at the time of development order approvals.
Staff Report PUD-87-12 (1)
EAC Meeting 6/19/91
Page 4
14 . Master Plan "C" is accepted conceptually only and is
subject to changes based on a determination of water
management requirements, State and Federal environmental
permitting requirements, and FGFWFC considerations. For
all stipulations above and the final size, numbers and
locations of conservation areas, lakes, mitigation areas
and protected species concerns, if mutual agreements
cannot be reached, the petition/plan shall be brought
before the Environmental Advisory Council (EAC) or the
environmental review board in place at the time and this
entity shall act an an arbitrator. If agreement cannot
be reached with said board, the matter shall be
presented to the Board of County Commissioners for final
arbitration.
15. Final plat and construction plans shall not be accepted
or reviewed until written approval from the Florida Game
and Fresh Water Fish Commission and South Florida Water
Management District, which addresses all of the
previously stipulated environmental concerns, has been
received by Project Review Services.
PREPARED BY: ' �- DATE: ,/i 0/ /
BARBARA N. P YNOSKI
ENVIRONMENTAL SPECIALIST II
J ' DATE: f_ °f ,' /1/
REVIEWED BY: �_..A...�..c._�,
ERIC D. WORSH'
CHIEF ENVIRONMENTAL SPECIALIST
P.
‘ i *
REVIEWED BY: „_ / DATE: G//0
/9/
OHN- . MA,.JEWSKI, P. E.
PROJECT RE EW SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 6/19/1991
Petition: PUD-91-5: Ronald L. Hurt of Anchor/American
Engineering Co. , representing Leo Petronzio;
requesting a zoning change from A-2 to PUD "East
Trail RV Park".
Considerations:
Subject property is a 20.20 acre parcel located on U. S. 41
East in part of Section 12, Township 51 South, Range 26 East,
Collier County, Florida. Bordering the site is U. S. 41 on
the north, Paradise Pointe TTRV Park on the west, and A-2
zoning on the south and east. The site has 4. 1 acres of
cypress wetlands. A proposed access road to the upland
portion of the site will have an impact on 0. 6 acres of this
wetland. Mitigation in the form of preservation of 1.8 acres
of pine flatwoods is proposed. The proposed water
management plan provides for a pretreatment/detention pond
including retained native vegetation. The runoff from this
pond will flow into the cypress wetland, to enhance the
hydroperiod.
Recommendations:
In consideration of the minimal impacts to the cypress
wetland, staff recommends approval of petition PUD-91-5
subject to the following stipulations:
1. Delete from the master plan the proposed one (1. 0) acre
"Future Use" parcel adjacent to U. S. 41.
2. Change 6. 10A to read, "Petitioner shall be subject to
Collier County Ordinance 75-21, as amended (or the
vegetation removal ordinance in effect at the time of
Final Site Development Plan/Construction Plan approval) . "
3 . Add language to 6.10B. "A program for removal,
monitoring, and maintenance of the site free of exotics
in perpetuity, shall be submitted to Project Review
Services - Environmental Staff for review and approval
prior to Final Site Development Plan/Construction Plan
approval. "
4. Change 4 . 02A 2. to read, "Pervious biking, hiking, and
nature trails where no filling or clearing is required.
Staff Report PUD-91-5
EAC Meeting 6/19/91
Page 2
5. The PUD document shall reference an alternate recipient
(e.g. Homeowner' s Association) should the State of
Florida not accept the donation of the
detention/preserve. The document shall also provide
protective covenants for the detention/preserve.
PREPARED BY: 41071- , ,g7.-(L/ DATE: 6- 5-9/
• REISCHL
ENVIRONMENTAL SPECIALIST II
•
REVIEWED BY: cA,,,:plo. Gt,(e. r3- ,DATE: y / /i/
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
51 REVIEWED BY: DATE: 4/ V
'JOH ' F. MAD- JEWSKI, P. E.
PROJECT REVt W SERVICES MANAGER
Staff Reports, PUD-91-5,ew
r
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 6/19/1991
Petition: R-91-2/SMP-91-3: J. Gary Butler of Butler
Engineering, Inc. , representing Ericksen
Communities, Inc. ; requesting a zoning change from
A-2 to RSF-4 and Subdivision Master Plan approval
for "Parson's Green" .
Considerations:
Petitioner proposes a zoning change from A-2 to RSF-4. The
subject property is an undeveloped, rectangular 7. 16 acre
parcel located on 111th Ave. North, approximately 0.5 mile
west of U. S. 41, in Section 21, Township 48 South, Range 25
East. The subject property is bordered to the west by a
proposed Catholic Church (St. John's the Evangelist) , to the
north by an elementary school, to the east by the driveway
into the elementary school and to the south by 111th Avenue
North and an existing drainage ditch. The project is
bordered on the south by a section line and an additional
twenty (20) foot right-of-way reservation is being required
by Collier County Department of Transportation.
n The dominant vegetation on site consists of slash pine (Pinus
elliottii var. densa) and also cabbage palms (Sabal palmetto)
along the south/southeast portion of the site (Please refer
to aerial) . Upland areas in the remainder of the property
generally consists of saw palmetto (Serenoa repens) , rusty
lyonia (Lvonia ferruginea) , tarflower (Befaria racemosa) ,
gallberry (Ilex alabra) , wire grass (Aristida sp. ) , blackroot
(Pterocaulon pvcnostachyum) , broomsedge (Andropogon sp. ) and
other upland graminoid species. A small herbaceous wetland,
appearing less than 0.5 acres, exists on the northwest
section of the site. Vegetation within this wetland consists
of wax myrtle (Mvrica cerifera) , St. John's wort (Hypericum
fasciculatum) , sedges, including Rhynchospora microcarpa,
yellow-eyed-grass (Xvris sp. ) , hat pins (Eriocaulon sp. ) , red
root (Lachnanthes caroliniana) , cord grass (Spartina
bakerii) , tall milkwort (Polygala cymosa) , bog bachelor
button (Polygala lutea) and sun dew (Drosera capillaris) .
Brazilian pepper (Schinus terebinthifolius) and Melaleuca
quinquenervia are also present on site. A man-made ditch
runs east and west along the property.
A wildlife survey was performed by Eric J. Heald, Heald and
Associates, Inc. for protected species. Seven inactive and
five abandoned gopher tortoise (Gopherus polvphemus) burrows
were located. The locations and methodology used to
n determine the status of the burrows are not included in the
Staff Report R-91-2/SMP-91-3
EAC Meeting 6/19/91
Page 2
consultant's report. An on-site visit by Staff on 6/9/91
revealed evidence of gopher tortoise scat. It was dry and
straw colored. One such scat was just outside a gopher
tortoise burrow, on the apron.
Concerns:
1. Gopher tortoise, species of Special Concern - Florida
Game and Fresh Water Fish Commission (FGFWFC) . The area
to the west has a large population of gopher tortoises.
Subject site may be utilized by gopher tortoises. The
burrows may be used by protected gopher tortoise burrow
commensals. These do not appear to have been included in
the survey.
2 . Wetland areas. Petitioner has proposed to include the
wetland areas for stormwater retention.
3 . Retention of native vegetation as per Collier County
Ordinances No. 89-58 and No. 89-63 (Subdivision
Regulations Amendment) . Petitioner is requesting a
waiver of the twenty-five percent (25%) retention
requirement. Reader is referred to a June 4, 1991 letter
requesting said variance. Petitioner was requested to
support his request by proof of hardship.
Recommendations:
In consideration of the above, Staff recommends approval of
Petition R-91-2/SMP-91-3 with the following stipulations:
1. Locations of gopher tortoise burrows (active, inactive
and/or abandoned) shall be indicated on the construction
plans and field verified by Collier County Project Review
Services - Environmental Staff. Management plans and/or
permits from Florida Game and Fresh Water Fish Commission
(if appropriate) shall be submitted to Project Review
Services - Environmental Staff for review and approval.
Areas of retained native vegetation may serve as
potential gopher tortoise relocation areas, if
applicable.
2. Wetlands shall be flagged by the petitioner, to include
Collier County jurisdictional lines, and shall be field
verified by Collier County Project Review Services -
Environmental Staff prior to and as part of Construction
Plan approval. Said approved wetland boundary shall be
indicated on the Subdivision Master Plan and Final
Construction Plan.
n
Staff Report R-91-2/SMP-91-3
EAC Meeting 6/19/91
` Page 3
3 . Any proposed mitigation for impacts to Collier County
jurisdictional wetlands shall comply with the ratios and
requirements of Appendix 7 of the South Florida Water
Management District rules. Mitigation areas shall be
surveyed prior to Final Construction Plan approval and
designated as a conservation easement and/or tract with
protective covenants pursuant to Florida Statutes,
Chapter 704 . 06.
4 . Petitioner shall retain or create native habitat areas no
less than 18 . 9% of the entire site acreage providing
he/she has proven hardship that no other alternatives are
feasible to allow for 25% native vegetation retention.
These proofs of hardship shall include at minimum: that ,
petitioner applied for and was refused an exception to
the subdivision master plan regulations to allow for a
reduction of the internal right-of-way width; and that
Planning Services has refused a decrease of the minimum
required lot depth for RSF-4 zoning. Petitioner shall
indicate on construction plans the type of vegetation
(FLUCS Code) areas and the acreage of retained or created
native habitats. Naturally vegetated or native landscape
buffers, as required by the Planning Services Section,
may be credited towards the required retained native
vegetation.
PREPARED BY: _ . _/4, _ . DATE: //6/`%/
BARBARA N. P'-NOSKI
ENVIRONMENTAL SPECIALIST II
A
F___(,,,.g.
+REVIEWED BY: , tj'''`,,//�ci t;,, ,.DATE: 6/ //9/71
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
1 -,. i ,
REVIEWED BY: , ' j . ' / /. DATE: g./0/3/
+JOHN . MAD 4 WSKI, P. E.
'ROJECT REV P W SERVICES MANAGER
i
Staff Reports, R-91-2/SMP-91-3, ew