EAC Agenda 05/17/1989 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
May 17, 1989
8:45 A.M.
I. ROLL CALL
II. APPROVAL OF MINUTES
III. ADDENDA
IV. STAFF REPORT
A. PROPOSED ADMINISTRATIVE APPROVAL
1. PU-89-3C; Todd Turrell, P.E. , representing
Phillip O'Connor of Brookside Marina; requesting
a provisional use "G" of the C-4 zoning
classification for outdoor boat sales.
2 . R-89-1C: George H. Mellen, of William C.
McAnly and Associates, representing GMA
Development Corporation; requesting a zoning
change from A-2 to PUD for a multi-family
planned unit development (Pelican Lake Club) .
V. OLD BUSINESS
VI. PUBLIC HEARINGS
A. R-89-4C: Robert Duane of Hole, Montes and
Associates, Inc. , representing Laurence A.
Mullins; requesting a zoning change from A-2 to
PUD for a shopping center (The Shoppes at Santa
Barbara) .
B. PDA-89-3C: Donald A. Pickworth of Asbell,
Hains, Doyle, and Pickworth, representing Pine
Ridge Partners, Ltd. ; requesting document
language and master plan amendments to the Falls
of Naples PUD.
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
ES�
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
maxi=m 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
DEVELOPMENT SERVICES DEPARTMENT
PLANNING SERVICES SECTION
MEMORANDUM
TO: EAC Members
FROM: Keith Edwards
Environmental Specialist I
DATE: April 24, 1989
RE: PU-89-3C; Todd Turrell, PE, representing Phillip
O'Connor of Brookside Marina; requesting a provisional
use "G" of the C-4 zoning classification for outdoor
boat sales.
The area in question is a rectangular, 0. 92 acre parcel
located on the north side of Davis Boulevard (S.R. 84) . The
site is bordered to the south by Davis Boulevard, to the west
by Brookside Drive, to the north by RSF-4 land, and to the
east by C-4 zoned property (R25E, T50S, S2) .
The portion of the site to be used for the proposed boat
sales area is an existing paved section. No vegetation of
any kind presently exists at this site. Therefore, the area
has been completely impacted.
Considering the above, staff administratively approves
petition PU-89-3C.
DEVELOPMENT SERVICES DEPARTMENT
PLANNING SERVICES SECTION
MEMORANDUM
TO: EAC Members
FROM: Keith Edwards 7
Environmental Specialist I
DATE: May 8, 1989
RE: Petition R-89-1C: George H. Mellen, of William C.
McAnly and Associates, representing GMA Development
Corporation; requesting a zoning change from A-2 to
PUD for a multi-family planned unit development
(Pelican Lake Club) .
The area is a rectangular, 20. 4 acre site located
approximately 1 1/2 miles east of Airport Road and 1/2 mile
west of County Barn Road on the north side of Davis
Boulevard. The site is bordered to the west and north by
Moon Lake (PUD) , to the east by undeveloped A-2 land, and to
the south by Davis Boulevard (R26E, T50S, S6) .
This petition was originally heard by the EAC on February 15,
1989 . At the time, petitioner was requesting a rezone to
RMF-6. The EAC passed the petition unanimously. However,
the planning department objected to the unit density per acre
and the project was shelved. Petitioner now requests the
rezone to a PUD. The plan is essentially the same as that
passed by the EAC on February 15. The staff report,
detailing the vegetative constituents for the earlier
petition, is attached (Attachment A) . The only stipulations
requested in the staff report are the four standard
stipulations.
Considering the above, staff administratively approves
petition R-89-1C subject to the four standard stipulations.
ATTACHMENT A
ENVIRONMENTAL RESOURCES STAFF REPORT
FOR EAC MEETING 2/15/89
Petition: R-89-1C: William C. McAnly, P.E. , of William C. McAnly
and Associates, PA, representing GIM Development
Corporation; requesting a zoning change from A-2 to
RMF-6 for a multi-family residential project known as
"Pelican Lake Club" .
Considerations:
The property under consideration for rezoning is a 20.4 acre
rectangular parcel located on the north side of Davis Boulevard ,
1 1/2 miles east of Airport Road , and 1/2 mile west of County
Barn Road (S6, T5OS, R26E) . The Moon Lake PUD is located to the
west and to the north of the site, and undeveloped land remains
to the east of the subject property.
•
The petitioner is requesting a rezoning of the parcel from
A-2 to RMF-6 for a 120-unit multi-family development . The PUD
will be known as the "Pelican Lake' Club" , and will include open
space and preserve areas, recreation uses, and a lake, in
addition to residential homes. The project density will be 5
units per acre.
The site was inspected by Andrea Stevens (Environmental
�-. Resources Staff) on January 16, 1989.
The southern 1/3 of the site (adjacent to Davis Boulevard ) ,
and three additional smaller areas on the property support a
dense, low saw palmetto (Serenoa regens) habitat with widely
scattered and infrequent slash pines (Pinus elliottii , with
diameters of up to 6 inches) . Groundcover and shrub layer
vegetation noted among the palmetto include rusty lyonia (Ly-ania
ferruginea) . wax myrtle (Myrica cerifera) , gal lberry ( Ile_
glabra) , pennyroyal (Pilobleghis riaida) , and various grass
species. The open nature of the habitat (few canopy trees) and
the sandy soils are site characteristics beneficial to the
protected gopher tortoise, although burrows were not found during
the site inspection.
The petitioner is advised that gopher tortoise handling
and/or relocation will require permits from the Florida Game and -
Freshwater Fish Commission.
The northeast corner of the parcel supports a 5-acre cypress
wetlands, which is contiguous with an offsite system. The canopy
is made up of 75%-80S. cypress (Taxodium disti.chum) , with an
occasional slash pine and cabbage palm (Sabal palmetto ) . The
cypress are often significantly buttressed , and diameters of the
trees range up to 8 inches. The cypress provide support for a
diversity of epiphytes. Corkwaod (Stillingia aguatica) in this
habitat indicate water levels of up to 5 inches. Additional
Staff Report R-89-1C
EAC Meeting 2/15/89
Page 2
wetland vegetation among the cypress includes wax myrtle,
sawgrass, and swamp fern (Blechnuim scrirulatir'I) . Various wetland
grasses were also noted throughout this area. The exotic
Brazilian pepper (Schinus teyrebinthifolius) is infrequent .
The site plan indicates that the cypress habitat in the
northeast corner of the parcel will be preserved . This area has
already been flagged (by the previous property owner ) to the
satisfaction of the Environmental Resources Management Staff.
The remaining areas on the parcel are characterized by an
open pine canopy (pines with 4-8 inch diameters) with scattered
cypress, and a graminoid groundcover . A moderate to severe
infestation of the exotic melaleuca (Melaleuca guinciuenervis) in
these pine areas is crowding out some of the native species. -Saw
palmetto , wax myrtle, and rusty lyonia are among the shrub layer
species.
Recommendations:
The Environmental Resources Staff recommends approval of
petition R-89-1C subject to 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: 2'i_8
Reviewed B a-•--� �.._ _[n Date: z- `tom
PLANNING SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 5/17/89
Petition: R-89-4C: Robert Duane of Hole, Montes and
Associates, Inc. , representing Laurence A.
Mullins; requesting a zoning change from A-2 to
PUD for a shopping center (The Shoppes at Santa
Barbara) .
Considerations:
The property in question is a rectangular, 18 . 1 acre site
located in the northeast quadrant of the intersection of
Santa Barbara Boulevard and Davis Boulevard. The property is
bordered to the north and east by A-2 land, to the south by
Davis Boulevard (S.R. 84) and to the west by Santa Barbara
Boulevard (R26E, T50S, S4) . A site visit was conducted on
May 4 , 1989 by Keith Edwards.
The property has been impacted in the past. The northern
two-thirds is an existing citrus farm (notice of commencement
issued August 14, 1984) . The vegetation consists of citrus
trees with the associated water management facilities.
The southern one-third has also been cleared. This area
appears to have been used for piling sediments possibly
excavated for the construction of the farm ditches.
Vegetation consists of early successional disturbance
species. These species include dog fennel (Eupatorium
capillifolium) , common reed (Phragmites australis) and other
graminoids, ragweed (Ambrosia artemisiifolia) , and Caesar
weed (Urena lobata) .
No wildlife were noted on site.
Recommendation:
The area has been heavily impacted due to past clearing.
Therefore, staff recommends approval for petition R-89-4C
subject to the following stipulations:
(Standard stipulations 3 and 4 as adopted by the EAC on
4/1/87. )
Staff Report PDA-89-7C
EAC Meeting 5/17/89
Page 2
1. 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 re-invasion of the site by
such exotic species. This plan, which will describe
control techniques and inspection intervals, shall be
filed with and subject to approval by the Natural
Resources Management Department and the Community
Development Division.
2 . If, during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator is
discovered, all development 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 salvageability. The
Natural Resources Management Department will respond to
any such notification in a timely and efficient manner
so as to provide only a minimal interruption to any
constructional activities.
PREPARED BY: '% DATE: / ej
KEITH EDW• 'DS //
•
REVIEWED BY: L%�# 4 1%/.1,.r/�i DATE: (02/g9
KENNETH W. BAS NSKI
ew
PLANNING SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 5/ 17/89
Petition: PDA-89-3C: Donald A. Pickworth of Asbell,
Hains, Doyle, and Pickworth, representing Pine
Ridge Partners, Ltd. ; requesting document
language and master plan amendments to the Falls
of Naples PUD.
Considerations:
The area in question is a square, 34 .8 acre parcel located in
the southwest corner of the intersection of Pine Ridge Road
and Airport Road (C.R. 31) . The site is bordered on the north
by Pine Ridge Road, to the east by Airport Road, to the south
by the Naples Bath and Tennis Club PUD, and to the west by
the Forest Lakes PUD (R25E, T49S, S14) . A site inspection
was conducted on 13 April 1989 by Keith Edwards (ERM) and
Mike Kirby (Compliance Services) .
This petition is a request for the restructuring of the
commercial portion of the development. The site development
plan (SDP) for the residential area (88-090) was approved on
December 1, 1988 .
The document changes requested by the petitioner include:
1. Increasing the commercial development acreage from
11.22 acres to 15. 61 acres with a concomitant decrease
in the residential portion. This increased commercial
area is for the inclusion of three out-parcels.
2 . The square-footage of the commercial area is to be
increased from 90, 000 to 150, 000. This reflects the
addition of the three out-parcels.
3 . Realignment of the access points to the commercial
portion.
4 . Reduction of the lake system from 6. 3 to 3 . 1 acres.
5. Addition of section 5. 04. 03 making the minimum setback
along the west boundary of the commercial area 50 feet.
6. Changing language in section 5. 10 to allow for the
out-parcels to have a minimum landscape buffer of 5
feet where these parcels abut public streets (Pine
Ridge and Airport Roads) . The rest of the commercial
area will have landscape buffers of 25 feet when
abutting the public streets, as already allowed by the
PUD document.
Staff Report PDA-89-3C
EAC Meeting 5/17/89
Page 2
The area was cleared approximately fifteen years ago.
Present vegetation consists of disturbance species, exotics,
and secondary growth. Canopy species include secondary
growth of slash pine (Pinus elliottii var. densa) and the
noxious exotics melaleuca (Melaleuca quinquinervia) and
Australian pine (Casuarina equisetifolia) . Melaleuca is the
dominant canopy species, becoming thick in the northwest
corner of the site. Understory and shrub species are
scattered throughout the site, with no one species being
dominant. Native understory species include scattered
individuals of wax myrtle (Myrica cerifera) , saw palmetto
(Serenoa repens) , and dahoon holly (Ilex cassine) . Exotic
understory species include ear-leaf acacia (Acacia
auriculaeformis) , Brazilian pepper (Schinus
terebinthifolius) , and downy rosemyrtle (Rhodomyrtus
tomentosus) . Groundcover is dominated by various graminoids
and sedges. Other common groundcover species include black
needle rush (Juncus roemerianus) , bracken fern (Pteridium
aquilinum) , and yellow colic root (Aletris lutea) , as well as
love vine (Cassytha filiformis) and catbrier (Smilax
laurifolia) .
No wildlife was noted on site.
Recommendation:
The site has been impacted and is dominated vegetatively by
exotic and early successional, disturbance species.
Considering this, staff recommends that petition PDA-89-3C be
approved subject to the following stipulations:
1-4 Standard stipulations 1, 3 , and 4 as adopted by EAC
on 4/1/87 and standard stipulation 2 as adopted on
12/7/88. (See attached page)
PREPARED BY: c7G� C DATE:
REVIEWED BY: ...,,/ , Z,t / lrff, ` l DATE: G �I
9/
ew
r-� REVISION "A"
STANDARD STIPULATION NO. 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. 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. The only exception to the above shall
be: where landscaping is required for parking lots and other
small areas adjacent to heavy vehicular use, the groundcover
component shall not be included in determining this 60%
requirement. Under these circumstances, the re-creation of
native habitat is recognized as being unfeasible.
REVISION "B"
STANDARD STIPULATION NO. 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 include native plant species to be utilized in
the following percentages, by plant numbers:
Native trees 70%
Native shrubs 65%
Native ground covers 40%
As an alternative, a minimum of 60% native plants, by number,
may be used, at the discretion of the County Landscape
Architect or County Environmental Specialist. 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. The only exception to the above shall
be: where landscaping is required for parking lots and other
small areas adjacent to heavy vehicular use, the groundcover
component shall not be included in determining this native
plant percentage requirement. Under these circumstances, the
re-creation of native habitat is recognized as being
unfeasible.
PLANNING SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 5/17/89
Petition: PDA-89-7C; Charles E. Turner of Westinghouse
Communities of Naples, Inc. , representing
Collier County Community Development Division
and Westinghouse Communities of Naples, Inc. ;
requesting master plan and document language
amendments to the Pelican Bay PUD document.
Considerations:
The Pelican Bay PUD document was approved by the Board of
County Commissioners (BCC) in 1977 (Ordinance 77-18) and has
been amended several times since. Petitioner is requesting
further language and master plan changes to the PUD document.
Pelican Bay is located west of U.S. Route 41 and is bordered
to the north by Vanderbilt Beach Road, to the west by the
Gulf of Mexico, and to the south by Seagate Drive (R25E,
T48S, S32 and 33 ; R25E, T49S, S4, 5, 8 and 9) .
The changes requested by petitioner are as follows:
1) Rezone the existing Neighborhood Commercial District on
Gulf Park Drive to Group 2 residential;
2) Rezone the existing Group 2 residential area adjacent to
an existing Community Commercial District in the
northeast corner of the development to Community
Commercial;
3) Reduction of the maximum allowed dwelling units from
9600 to 8600 (2 . 08 - 2 . 10; 7. 02; 10. 02 .A.78) ;
4) Reduction of maximum allowed hotel units from 1500 to
1336 and limiting areas where hotels are allowed
(7. 03 .B.4) ;
5) Limiting the building height in several Group 4 areas to
five stories above one floor of parking (7 . 04 . 04) ;
6) Set the maximum height limit in the Commercial District
to 100 feet (10. 08) ;
7) Establish a landscape buffer for the Commercial District
area along West Boulevard (10. 10) ;
8) Establish sign requirements for the Commercial District
(10. 11) ;
Staff Report PDA-89-7C
EAC Meeting 5/17/89
Page 2
9) Addition of subsection 10. 13 requiring site development
plan (SDP) approval for all buildings and structures;
10) Addition of subsection 10. 14 that sets the maximum
amount of commercial square footage;
11) Elimination of a connection from Crayton Road to Seagate
Drive (13 . 3) ; and
12) Elimination of section IX, which described the
to-be-abolished Neighborhood Commercial District.
A site visit to the two areas to be rezoned (points 1 and 2)
was conducted on April 20, 1989 by Keith Edwards.
The area to be rezoned from Neighborhood Commercial to Group
2 residential is located on both sides of Gulf Park Drive and
adjacent to U.S. Route 41 (R25E, T49S, S4) . The area north
of Gulf Park Drive is bordered to the west by Greentree
Drive.
The habitat in this area is entirely xeric scrub. The canopy
consists of slash pine (Pinus elliottii var. densa) , which
are widely spaced. Understory and shrub is dominated by scrub
oak (Quercus spp. ) , palmetto (Serenoa repens) , rosemary
(Ceratiola ericoides) , rusty lyonia (Lyonia ferruginea) , and
paw paw (Asimina angustifolia) . Groundcover is dominated by
various sedges and grasses. In many areas there is a blanket
of lichen (Cladonia spp. ) covering the ground. Prickly pear
cactus (Opuntia humifusa) is scattered throughout the site.
The area south of Gulf Park Drive is smaller than the area to
the north, but contains the same vegetative components.
While the entire north area was vegetated, there are portions
of open sand in the south area, especially near U.S. 41. The
canopy consists entirely of slash pine with the understory
and shrub species being the same as in the northern area.
Groundcover is again dominated by grasses and sedges except
that they are not as widespread in this area as compared to
the northern area. In addition, such species as penny royal
(Piloblephis rigida) , blackroot (Pterocaulon pycnostachyum)
and St. John's Wort (Hypericum reductum) also occur in the
groundcover layer. Spike moss (Selaginella spp. ) is found in
this southern area while it was not observed in the northern
area.
Several small, active gopher tortoise (Gopherus polyphemus)
burrows were located in the northern area .
Staff Report PDA-89-7C
EAC Meeting 5/17/89
Page 3
The other area to be rezoned is in the northeast corner of
Pelican Bay and involves enlarging the Community Commercial
District. This area is in the southwest quadrant of the
intersection of Vanderbilt Beach Road and U. S. 41 (R25E,
T48S, S33) . This entire area is a very good example of xeric
oak habitat. A portion of this area extending from
Vanderbilt Beach Road to the southern border of this area and
west of U. S. 41 for approximately 100 feet has been cleared
of large portions of the shrub and groundcover, leaving
scattered vegetation islands. The islands consist of one or
two slash pines and/or oak trees with a palmetto or rosemary
understory. Cat brier (Smilax laurifolia) and love vine
(Cassytha filiformis) widely occur in these areas. Gopher
apple (Licania michauxii) appears to be colonizing portions
of the cleared area. The oak trees are covered with several
species of epiphytes. These include Spanish moss (Tillandsia
usneoides) , quill-leaf (Tillandsia fasciculata) and several
of the wild pines (T. setacea, T. utricularia, and T.
recurvata) . Quill-leaf and two of the wild pines (T. setacea
and T. utricularia) are listed as protected species by the
Florida Department of Agriculture (FDA) .
The remaining portion of the site is prime xeric oak habitat.
The canopy is dominated by scrub oaks with scattered slash
pines. The shrub layer consists of rosemary, palmetto, rusty
lyonia, and buckthorn (Bumelia rectinata) . Ground cover
consists of gopher apple, graminoids, Selaginella, lichens,
St. Join's Wort, and prickly pear cactus. The oak trees are
densely covered with tillandsoid epiphytes. Cat brier and
love vine occur but mostly in the eastern portion of this
area.
Four abandoned gopher tortoise burrows were located although
it is probable that gopher tortoises are actively using this
area. (A second visit on May 4, 1989 found several active
burrows just south of the four abandoned burrows) .
Several archaeological sites were located in this northeast
parcel (Figure 1) . Of these, only one site (8CR687) was
determined by the archaeologist (Piper Archaeology) and the
Division of Historical Resources to be potentially eligible
for listing in the National Register of Historic Places.
Staff would prefer that the site be preserved. However, if
that is not feasible, staff concurs with the Division of
Historical Resources that the site should be further
excavated so that a determination of its significance could
be made prior to any construction activity.
Staff Report PDA-89-7C
EAC Meeting 5/17/89
Page 4
Concerns:
The two areas to be rezoned are good examples of xeric oak
habitat, especially the area in the northeast corner of
Pelican Bay. This habitat is rapidly disappearing from the
County. Developers like to build in scrub habitat because of
its high and dry nature. Staff is concerned about this
increasing loss of scrub habitat to development and the
effects that this continued loss will have on the native
flora and fauna that utilize this habitat. This shrinkage of
habitat results in less space available for wildlife to
inhabit.
In light of this, a possible proposal would be for a
contiguous portion of the northeast area to be set aside as a
conservation area. This conservation area would then be used
as a site for relocating gopher tortoises that would have to
be moved from the rest of the northeast area when development
occurs. Gopher tortoises from the Gulf Park Drive areas
could also be relocated to this area. The exact location and
size of the conservation area would be reached by agreement
between the petitioner (Pelican Bay) and the County's
environmental staff. The conservation area should exceed 10
acres in size and would preferably be between 15 - 20 acres
or more in size. The establishment of such a conservation
area would meet Florida Game and Freshwater Fish Commission
(FGFWFC) criteria and be in compliance with the Collier
County Growth Management Plan (7 . 3 . 5 of the Conservation
Element) .
Recommendation:
Staff recommends approval of petition PDA-89-7C subject to
the following stipulations:
1-4 Standard stipulations 1, 3 , and 4 as adopted by EAC on
4/1/87 and standard stipulation 2 as adopted on
12/7/88 . (See attached page)
5. In accordance with policy 6. 5. 1 of the Growth
Management Plan the petitioner shall utilize
"xeriscape" principles to landscape the Group 2
residential areas on the north and south sides of Gulf
Park Drive and in the Commuinity Commercial District
situated in the northeast corner of Pelican Bay.
Staff Report PDA-89-7C
EAC Meeting 5/17/89
Page 5
6. In accordance with policy 7. 3 .5 of the Conservation
Element of the Growth Management Plan, any gopher
tortoise burrows found shall remain where they are
located or, if circumstances warrant it, relocating
the tortoises to suitable habitat within Pelican Bay
or outside of Pelican Bay as determined by the Florida
Game & Freshewater Fish Commission that an offsite
location is better suited for their continued
existance and reproduction. Prior to any development,
petitioner shall conduct a gopher tortoise survey in
accordance with the criteria established by the
Florida Game and Freshwater Fish Commission (FGFWFC) .
7. A contiguous area of xeric scrub oak habitat shall be
established within the community commercial parcel.
The exact size and location of the conservation area
shall be agreed upon by the petitioner and the County
environmental staff. The conservation area shall be
designated on all future site plans with accompanying
language added to the PUD document.
8 . Archaeological site 8CR687, as noted in the Cultural
Resource Assessment Survey of the Pelican Bay
Development Site written by Piper Archaeological
Research, Inc. shall be preserved. If this is not
feasible, Phase II test excavations shall be conducted
so that a determination of significance can be made.
The report generated by the excavations shall be
reviewed and approved by the Florida Division of
Historical Resources before any construction activity
can begin on site. A copy of the report shall be
forwarded to County Staff.
PREPARED BY: DATE: ,'
KEITH EDWARDS
REVIEWED BY: //./ .(/ -- / DATE:
KENNETH W. BAGINSKI
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