EAC Agenda 08/21/1991 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
AUGUST 21, 1991
8:45 A.M.
I. ROLL CALL
II. APPROVAL OF MINUTES
III. ADDENDA
IV. STAFF REPORT
1
A. PROPOSED ADMINISTRATIVE APPROVAL
V. OLD BUSINESS
VI. PUBLIC HEARINGS
A. PU-91-11: George L. Varnadoe, Esq. of Young,
van Assenderp, Varnadoe, and Benton, P.A. ,
representing North Naples Fire Control and
Rescue District; requesting a provisonal use "b"
of Section 8 . 10 of RSF-3 zoning for a fire
station in S5, T48S, R25E, Collier County,
Florida.
B. PU-90-31: Dan Johnson of Gee & Jenson
representing the Board of County Commissioners,
Collier County; requesting a provisional use "b"
of RO zoning district for a boat launching
facility. (Conklin Point) .
C. PU-91-12: Mark Lamoureux, P. E. of M.L.E. ,
representing Florida Cellular R.S.A. , Ltd. Par. ;
requesting a provisional use "b" of 8.10 for a
Communication Tower (S31, T49S, R27E) .
D. PUD-89-15 (1) /SMP-91-13 : William C. McAnly of
William C. McAnly & Associates, representing
Misty Harbor, Inc. ; requesting a PUD Amendment
to "Silver Lakes RV Resort & Golf Club PUD" and
Subdivision Master Plan approval.
E. PUD-87-48 (1) /SMP-91-8: Alan D. Reynolds, AICP
of Wilson, Miller, Barton & Peek, Inc. ,
representing Southampton Development Corp. ;
requesting a PUD Amendment and Subdivision
Master Plan approval for "Southampton at
Naples" .
?"'NVII. NEW BUSINESS
A. Proposed Coastal Barrier Management Plan
VIII. DISCUSSION OF ADDENDA
IX. ADJOURNMENT
X. WORKSHOP
*************************************************************
NOTES:
A. Notify PROJECT REVIEW SERVICES (Environmental Staff)
(643-8470) no later than 5 P.M. on Monday 19, 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.
********** *********** **********
*************************************************************
x
DEVELOPMENT SERVICES DEPARTMENT
PROJECT REVIEW SERVICES SECTION
MEMORANDUM
TO: July Adarmes
Senior Engineer
FROM: Earlene Weber
Secretary II
DATE: August 21, 1991
RE: Petitions heard at EAC Meeting 8/21/91
Revised stipulations
PUD-89-15/SMP-91-13, Silver Lakes
At the August 21, 1991 meeting of the EAC, the petition was
continued until the September 18, 1991 meeting. One of the
council members abstained due to a potential conflict of
interest, therefore, a quorum did not exist.
PU-91-12, Communication Tower
This petition was approved 3-0, with the following
stipulations:
1. Petitioner is subject to Ordinance No. 75-21 or the
vegetation removal ordinance in effect at the time of
final land development order.
2. Petitioner is subject to Ordinance No. 82-37 or the
exotics removal ordinance in effect at the time of final
land development order.
PU-91-31, Conklin Point
This petition was approved with addition of one stipulation
(#6) . The approved stipulations are as follows:
1. Prior to preliminary site plan approval petitioners shall
submit a letter of no objection from the Florida Game and
Fresh Water Fish Commission regarding wildlife concerns,
specifically the bald eagle. Should wildlife concerns
exist, appropriate protective measures shall be
incorporated into the site plan review process.
2. The petitioner shall propose manatee protection measures,
such as educational displays and precautions to be taken
during the construction process and incorporate said
protection measures under "Notes" on the approved site
plan.
3 . The petitioner shall indicate on the site plan (by
location and species) any vegetation that may be impacted
by the proposed marina/ramp.
August 21, 1991
EAC 8/21/91 Stipulations
Page 2
4. The petitioner shall submit water quality monitoring
plans to Project Review Services - Environmental Staff.
5. If fueling facilities are proposed now or in the future,
the petitioner shall propose measures to contain spills
from on-land equipment and contain spills that may occur
in the water.
6. A permanent sign will be erected to educate boaters on
environmentally safe boating practices, such as trash
disposal, fishing line precautions, etc.
PU-91-11, Fire station
This petition was approved with the deletion of stipulation
#2 . The approved stipulation is as follows:
1. Petitioner is subject to Ordinance No. 75-21, as
amended, or the vegetation removal ordinance in effect
at the time of the final land development order.
PUD-87-48 (1) /SMP-91-8, Southhampton
This petition was approved with the following revised
stipulations:
1. The applicant shall submit, prior to final construction
plan/plat approvals, all federal and state
jurisdictional determinations and permits, species of
special status surveys, waivers/exemption determinations
that may relate to or affect the design and layout of
said construction plan or plat.
2 . Design of the golf course layout, buildings and associated
structures, and infrastructure shall be adjusted, where
applicable, to comply with the requirements of the Army
Corps of Engineers (ACOE) , Florida Department of
Environmental Regulation (FDER) , and Florida Game and Fresh
Water Fish Commission (FGFWFC) .
3. A minimum of twenty-five (25) percent of the entire site's
native vegetation shall be retained as required by Collier
County Ordinance No. 75-21 as amended by Ordinance No.
89-58. Areas of retention shall include at least preserved
wetlands, approved mitigation areas, oak island preserves
(as per PUD 87-48) , creek hammock buffers (as per PUD 87-48)
and required gopher tortoise habitat. All areas shall be
designated on the construction plans/site development plans.
August 21, 1991
EAC 8/21/91 Stipulations
Page 3
4. All preserved wetlands, mitigation areas, oak island
preserves, creek hammock buffers and required gopher
tortoise habitat shall be designated as
conservation/preserve tracts or easements on all
construction plans and shall be recorded on the plat with
protective covenants similar to or as per Chapter 704.06 of
the Florida Statutes.
5. All proposed mitigation for wetland impacts to Collier
County Jurisdictional Wetlands shall comply with Appendix 7
of the South Florida Water Management District rules and be
subject to review and approval by Project Review Services -
Environmental Staff. Proposed wetland mitigation shall
first be considered on site and contiguous to and within the
creek hammock, but in no case may mitigation be less than a
1.5:1 area ratio.
6. A minimum separation distance between protected wetlands and
proposed lake(s) shall be two hundred (200) feet unless: (1)
soil or other data such as lichen lines, water marks, etc. ,
clearly show that water table elevations in the wetlands
n will not be adversely affected; or (2) if the control
elevation of adjacent lakes is set to correspond to
elevations of the referenced biological indicators; or (3)
if the 200 feet separation distance is waived by South
Florida Water Management District.
7. Control elevations shall be established which provide
hydroperiods that reasonably assure successful
restoration/preservation and/or enhancement of the wetlands.
Control structure elevation determinations shall be
supported with engineering and biological data included but
not limited to lichen line elevations.
8. Littoral zones of lakes shall maintain a slope of 1:4 to a
depth of 4 feet. The slopes of lake shores adjacent to the
Conservation Area shall be more gradual. A slope 1: 10 is
recommended in such areas to prevent destabilization of
sensitive habitats. All littoral zones shall be revegetated
with native aquatic species, and the encroachment of exotic
vegetation in these areas shall be controlled.
9. The proposed boardwalk located within the Collier County
Jurisdictional Wetland shall be elevated and shall meander
to avoid the clearing of any protected trees in accordance
with the requirements of the Florida Department of
Environmental Regulation (FDER) and Army Corps of Engineers
(ACOE) permits, shall be approved by Project Review Services
- Environmental Staff.
August 21, 1991
EAC 8/21/91 Stipulations
Page 4
10. Native vegetation, specifically oaks over four (4) inches in
diameter at breast height and cabbage palms that cannot be
retained shall be evaluated by the project landscape
architects and Project Review Services - Environmental Staff
in accordance to the guidelines of Policy 6.5. 1 in the
Conservation and Coastal Management Element of the Growth
Management Plan.
11. Protected plant species sighted prior to or during
construction and that are in the line of construction, shall
be protected from injury and/or relocated on-site, to the
creek hammock buffer areas or landscape areas.
12 . An exotic vegetation removal, monitoring, and maintenance
(exotic-free) plan for the site, with emphasis on the
conservation areas, shall be submitted to Project Review
Services - Environmental Staff for review and approval prior
to final site plan/construction plan approval.
cc: Barbara N. Prynoski, Chief Environmental Specialist
Chrono File
MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL
DATE : June 19, 1991
TIME: 8 : 45 A.M.
PLACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center , Naples, Florida
EAC STAFF PRESENT
Martin X Lord X
Brown ABS Prynoski X
Turrell ABS Madajewski X
Addison X Reischl X
Neale X
MINUTES BY: Wanda B. Arrighi , Deputy Clerk
CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 11 :00 A.M.
PRESIDING: David Addison
ADDENDA TO THE AGENDA: None
APPROVAL OF MINUTES : None
Page 1
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 aPUD 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
n A. EPTAB - update
....A
VIII. DISCUSSION OF ADDENDA
/'\
IX. ADJOURNMENT,
X. WORKSHOP
A. Proposed Coastal Barrier Management Plan
*************************************************************
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-
r .
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
*****
ITEM: APPROVAL OF MINUTES - None
*****
ITEM: PROPOSED ADMINISTRATIVE APPROVAL
PETITION NO. PU-91-3
FILED BY/FOR: 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.
REPRESENTED BY: Mark Lamoureux
COMMENTS: Consensus to concur with administrative approval
*****
PETITION NO. PUD-84-30(1)/DOA-91-4
FILED BY/FOR: 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 .
REPRESENTED BY: Barbara Cawley
COMMENTS: Consensus to concur with administrative approval
*****
ITEM: OLD BUSINESS
PETITION NO. PUD-87-12(1 )
FILED BY/FOR: Robert H. Flinn of Audubon Joint Venture
REQUESTING: A PUD amendment to Audubon Country Club
(resubmitted with changes)
REPRESENTED BY: Don Lusk
COMMENTS: Mr. Lusk explained that the changes requested are
the result of a Bald Eagle nesting on site which
Page 2
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
caused the road to be moved. He indicated on the
display map the location of the newly proposed
road. He described the other change requested to
be that the petitioner will be allowed to build in
the future on a designated location of wetland area
if the State gives its approval . He noted that
they would like to have the designated location
indicated on the master plan. He stated that the
petitioner agrees with staff ' s stipulations with
minor changes.
Environmental Specialist Prynoski commented that
the recommended stipulations from staff resulted
from the changes to the PUD master plan and
language changes that the petitioner has made.
Project Review Services Manager Madajewski
explained that the project does have an approved
Subdivision Master Plan and the changes proposed to
accommodate the Bald Eagle are minor. He noted
that the PDA will address these changes. He com-
mented that Stipulation 15 which is incorporated
into the PUD documents as an amendment will require
technical assistance from the Florida Game and
Fresh Water Fish Commission regarding the eagle
before receipt of construction documents for the
final plat of Phase Two. He affirmed that the
document provides a provision that the CO/R2 may be
developed if the appropriate approval is given by
the State.
Robert Duane of Hole, Montes and Associates pointed
out some minor changes to staff ' s proposed stipula-
tions that include changing language to stipulation
#6 to read, "At the time of construction plan
approval . . . " , rather than, "Prior to Subdivision
Master Plan approval . " He requested that words be
added to stipulation #10 which say, "or are per-
mitted by the SFWMD. " He noted that he is in
agreement with stipulation #15 .
George Hermanson of Hole, Montes and Associates
questioned how the number of 75 feet was derived in
stipulation #6? He requested that a less amount be
agreed upon.
Mr. Neale suggested 50 feet , and Mr. Hermanson
agreed as long as it could be set up as a conser-
vation easement .
Page 3
" � I
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
In referring to the change requested for stipula-
tion #10, Chief Environmental Specialist Worsham
stated that staff wrote stipulation #10 as pre-
sented because if the R-2 area is being developed
with optional lakes, then staff cannot condone
developing the wetland area in question. He
pointed out that the CO/R2 zoning results in a net
loss of conservation area on the master plan.
Mr. Duane voiced his disagreement and claimed that
there is not a net loss of conservation area.
Mr . Madajewski suggested that the petitioner remove
the cul-de-sac from the plans with the
understanding that if they can provide acceptable
mitigation plans and permits they can develop that
tract of land.
Mr. Worsham agreed that the addition to stipulation
#10 is acceptable with the removal of the cul-de-
sac from the plans.
Mr. Duane suggested that a stipulation be added
that indicates that the master plan will be revised
�-. to delete the cul-de-sac from the CO/R2 area until
the requirements set forth in stipulation #15 are
met .
Regarding concerns voiced by Mr . Neale regarding
adding the words to stipulation #10, Mr .
Madajewski pointed out that no matter what the
developer decides to do regarding constructing
lakes, the project must retain 48 acres as preserve
area.
Mr. Hermanson emphasized that there were only two
proposed optional lakes which are located in the
northwest corner of the project , and the other
lakes will be demonstrated as part of the required
retention system for the project .
Mr. Worsham recommended that the size of the area
the lakes shall occupy should be stipulated. Mr.
Hermanson agreed that he will provide that number
to staff in order to incorporate it into stipula-
tion #10 .
In review of the stipulations submitted by staff ,
Mr . Addison stated that stipulations #1 through #4,
Page 4
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
#8, #9, #13 , and #14 will be deleted; stipula-
tions #5, #6 #7 , #10 and #15 will be changed; and
stipulations #11 and #12 will remain the same as
presented.
Mr. Addison clarified that added to the end of sti-
pulation #10 should be the words, " . . . or are per-
mitted by SFWMD. The surplus lakes shall occupy no
greater surface area than those shown as lakes A
and B in the northwest corner of the project ' s PUD
master plan. "
Ms. Prynoski explained that stipulation #15 is
reworded as indicated in the new PUD document as
environmental stipulation #25 .
Mr . Madajewski cited that stipulation #16 will be
added which will amend the master plan prior to the
Board of County Commissioners ' hearing to delete the
cul-de-sac from the CO/R2 area until or if require-
ments set forth in PUD environment stipulation #25
are met .
After some discussion, Mr. Worsham related that
.-� stipulation #6 should indicate that, "prior to
construction plan approval, provide a 50 foot con-
servation easement along the common lot line of the
R3 and R1 designated lots in the southwest corner
of the project ' s master plan. "
MOTION: Made by Mr. Neale, seconded by Mr. Martin and
carried 3/0, to approve PUD-87-12 (1 ) , subject to
the revised staff stipulations, as follows:
STIPULATIONS:
1 . To be provided.
2 . Prior to construction plan approval, provide a
50 foot conservation easement along the common
lot line of the R3 and R1 designated lots in
the southwest corner of the project ' s master
plan.
3 . Mitigation for the proposed impacts to the
3 . 3+ acres of wetlands designated as CO/R2 on
the PUD Master Plan shall be xeric live oak
habitat unless other suitable mitigation pro-
posals are approved by the South Florida Water
Page 5
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
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 stipula-
tion shall be contingent on the petitioner
obtaining the necessary State and Federal per-
mits 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.
4. 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 or are permitted by SFWMD. The
surplus lakes shall occupy no greater surface
area than those shown as lakes A and B in the
northwest corner of the project ' s PUD Master
Plan.
5 . Final plat and construction plans shall not be
accepted or reviewed until a letter of tech-
nical assistance is provided to the County
from the Florida Game and Fresh Water Fish
Commission, indicating the proposed management
plan for the protection of the eagle is accep-
table to them. If the area designated CO/R2
on the PUD Master Plan is not included in the
initial submittal for construction plan/plat
review, it will be incumbent upon the deve-
loper of this tract to provide whatever
assurance, including mitigation for wetland
encroachments, to the County that South
Florida Water Management District (SFWMD) per-
mits can be obtained and that acceptable miti-
gation for the SFWMD can be provided for
within the project prior to construction
plan(s) /plat approval for the CO/R2 tract .
6 . The Master Plan will be amended prior to the
Board of County Commissioners ' hearing to
delete the cul-de-sac from the CO/R2 area or
Page 6
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
if requirements set forth in PUD environmental
stipulation #25 is met .
*****
PETITION NO. PUD-91-5
FILED BY/FOR: Ronald L. Hurt of Anchor/American Engineering Co.
representing Leo Petronzio
REQUESTING: A zoning change from A-2 to PUD "East Trail RV
Park"
REPRESENTED BY: Mike Langston of Anchor/American Engineering Co.
COMMENTS: Mr. Langston commented that the recommendations
presented by staff are agreeable to the petitioner .
Environmental Specialist Reischl stated that stipu-
lations #1 through #4 have been accepted and are
incorporated into the PUD document . Mr. Reischl
informed that regarding stipulation #5 there is
some wording change proposed for page 4-1 and page
5-1 of the PUD document which project review would
like to see added as follows, "The detention pre-
serve area shall contain a conservation easement as
directed by the State of Florida and Collier
County. The conservation easement and protective
covenants shall be dedicated at the time of
platting. " Mr. Reischl commented that the basic
disagreement by the petitioner is that the one acre
parcel will have two protections provided which
would require two procedures in order to rezone
this one acre parcel .
Jeff Adair concurred that the petitioner would
rather not have the conservation easement over the
one acre parcel . He pointed out that there is suf-
ficient water retention on the land without using
the one acre, and DER has not required that this
one acre be placed under a conservation easement ;
therefore, the petitioners would like it left as a
preserve area.
Chief Environmental Specialist Worsham noted that
the issue is that the one acre is a Collier County
jurisdictional wetland which should be placed under
a conservation easement to be consistent . He
pointed out that if the Board of County
Page 7
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
Commissioners voted to amend the PUD document to
allow some other zoning, then the conservation
easement would be removed through a petition.
Mr . Adair pointed out that over 25% of the site is
being preserved in its natural state.
MOTION: Made by Dr. Martin, seconded by Mr. Addison and
carried 3/0, to approve Petition PUD-91-5, subject
to the stipulations as presented, as follows:
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 remo-
val , monitoring, and maintenance of the site
free of exotics in perpetuity, shall be sub-
mitted 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, "Previous biking,
hiking, and nature trails where no filling or
clearing is required.
5 . The detention preserve area shall contain a
conservation easement as directed by the State
of Florida and Collier County. The conser-
vation easement and protective covenants
shall be dedicated at the time of platting.
**s**
PETITION NO. R-91-2/SMP-91-3
FILED BY/FOR: J. Gary Butler of Butler Engineering, Inc . , repre-
senting Ericksen Communities, Inc .
REQUESTING: A zoning change from A-2 to RSF-4 and Subdivision
Master Plan approval for "Parson' s Green"
Page 8
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
REPRESENTED BY: J. Gary Butler
COMMENTS: Mr. Butler advised that the subject property is
located on 111th Avenue North with 18 single family
homes proposed to be built on it . He informed that
the site is zoned RSF-4 and three units per acre
will be built . He commented that the petitioner
has a problem with stipulation #4 in that the
requirement of 25% native vegetation retention is a
hardship to the project .
Chief Environmental Specialist Worsham indicated
that stipulation #4 is to ensure that the pockets
of vegetation are left in the development and noted
that the 20 foot right-of-way accounts for 23% of
the requireme - .
EAC make a finding that
there is adequate hardship by the County regula-
tions and that the intent of the ordinance is not
to effect projects of this type. He added that the
developer is doing all he can to retain a maximum
vegetation; and with the 20 foot right-of-way being
included, the developer has maintained 23%.
Therefore, he recommended that a variance be
granted to permit the project to continue.
Mr . Neale remarked that stipulation #4 should be
reworded to state, "Petitioner shall retain or
create native habitat areas no less than 18 . 9% of
the entire site acreage. The Environmental
Advisory Council finds that the petitioner has pro-
ven adequate hardship to permit that no other
alternatives are feasible to allow for 25% native
vegetation retention. 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. " He specified
that also included as part of the finding is that
the total retained natural vegetation is approxima-
tely 23% including the right-of-way.
In response to Dr. Martin, Mr . Butler reported that
the survey of the land found the gopher tortoise
burrows to be abandoned. He added that if any
endangered species is found on the land, steps will
Page 9
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
be taken to protect and preserve which is required
in stipulation #1 .
Responding to Ms. Prynoski ' s concern regarding the
burrows, Mr . Neale suggested that included in sti-
pulation #1 be a notation that the field verifica-
tion by environmental services be made during the
plan approval process and not more than 15 days
prior to plan approval . Ms. Prynoski and Mr .
Butler concurred.
Gary Beardsley voiced his concern regarding the
Council allowing 23% native vegetation retention
instead of staying with the 25% requirement .
Mr. Neale commented that the subject site is for a
small single family project which is preferred over
an apartment complex or a commercial project
because there is the ability to control and retain
the natural habitat with a single family project .
He asserted that the petitioner has demonstrated
the need for this reduction to 23%.
Regarding the discussion and concern expressed
about gopher tortoises, Mr . Neale suggested that
additional words be included in stipulation #4
which would indicate that the petitioner shall make
and effort to include gopher tortoise habitat
within the retained habitat areas.
MOTION: Made by Mr. Neale, seconded by Dr. Martin and
carried 3/0, that R-91-2/SMP-91-3 be approved, sub-
ject to the revised stipulations, as follows:
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 . Field verification of
sites shall be done during the plan approval
process, not more than 15 days prior to plan
approval . 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 paten-
,.
Page 10
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
tial 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 approval wetland boundary
shall be indicated on the Subdivision Master
Plan and Final Construction Plan.
3 . Any proposed mitigation for impacts to Collier
County jurisdictional wetlands shall comply 1
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 con-
venants pursuant to Florida Statutes, Chapter
704-06.
4 . Petitioner shall retain or create native habi-
tat areas no less than 18 . 9% of the entire
site acreage. Petitioner has proven hardship
that no other alternatives are feasible to
allow for 25% native vegetation retention.
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 vegeta-
tion. Petitioner shall utilize gopher
tortoise habitat as native habitat areas to
the maximum extent possible.
*****
ITEM: EPTAB - update
COMMENTS: Natural Resources Director Santos summarized the
actions that have taken place to form the committee
EPTAB. He advised that the original ordinance
requesting a nine member council was passed on May
18, 1991 ; however, at the request of the Board of
County Commissioners the ordinance was amended on
Page 11
ENVIRONMENTAL AVISORY COUNCIL JUNE 19, 1991
May 28 , 1991 , to add two more members to the coun-
cil making a total of 11 members . He added that on
June 27 , 1991 a decision will be made as to which
members have what terms, and at that time the advi-
sory board is formed, this will eliminate any
policy issues being brought before the EAC .
Mr. Addison pointed out that an ordinance creating
a new EAC will be brought before the Board of
County Commissioners on July 30 , 1991 .
*****
There being no further business, the meeting was adjourned by
order of the Chair .
ENVIRONMENTAL ADVISORY COMMITTEE
David Addison, Chairman
Page 12
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 8/21/1991
Petition: PU-91-11: George L. Varnadoe, Esq. of Young, van
Assenderp, Varnadoe, and Benton, P.A. ,
representing North Naples Fire Control and Rescue
District; requesting a provisonal use "b" of
Section 8. 10 of RSF-3 zoning for a fire station in
S5, T48S, R25E, Collier County, Florida.
Considerations:
The petitioner proposes to construct a fire station for the
North Naples Fire Control District. The 1. 3± acre site is
located on the corner of 9th Street East and Vanderbilt Drive
just, north of the Audubon PUD. The site is bordered to the
north by 9th Street East, to the east by Vanderbilt Drive
(with multi-family on the east side of Drive) , to the south
by a golf course and to the west by single family residences.
Existing vegetation is scattered slash pine (Pinus elliottii
var. densa) , three sand live oaks (Quercus caeminata) , and an
herbaceous ground cover. The site has been mowed. Per the
petitioner, the site is mowed several times per year.
Concerns:
The site is possibly within the Secondary Protection Zone of
the Audubon PUD nesting pair of Bald Eagles.
Recommendations:
In consideration of the above, staff recommends approval of
PU-91-11 with the following stipulations:
1. Petitioner is subject to Ordinance No. 75-21, as
amended, or the vegetation removal ordinance in effect
at the time of the final land development order.
2 . Prior to the preliminary site plan approval, petitioner
(a) shall contact the Florida Game and Freshwater Fish
Commissioner (FGFWGC) regarding the site' s proximity to
the Bald Eagle nest on the Audubon PUD, and (b) shall,
as a consequence of said contact with FGFWFC, submit to
Project Review Services Environmental Staff, a Bald
Eagle Management Plan or a FGFWFC letter of no concern.
Page Two
EAC Meeting 8/21/1991
PU-91-11
PREPARED BY: r -DATE:
BARBARA N. PRYNOSKI
INTERIM CHIEF ENVIRONMENTAL SPECIALIST
i //
REVIEWED BY: ,,� �b / i...,,j/ • DATE: 7 I6 q/
�iOHN F. MADAI
WSKI, P. E.
•ROJECT REVI W SERVICES MANAGER
Staff Reports, PU-91-11, gs
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 8/21/1991
Petition: PU-91-12 : Mark Lamoureux, P. E. of M.L.E. ,
representing Florida Cellular R.S.A. , Ltd. Par. ;
requesting a provisional use "b" of 8. 10 for a
Communication Tower (S31, T49S, R27E) .
Considerations:
The subject property is a 5.18 acre parcel on Washburn
Avenue, zoned A-2 which abuts the eastern boundary of the
County landfill site, north of I-75. Surrounding property is
also zoned A-2 .
The site is vegetated primarily by a mix of slash pine (Pinus
elliottii var. densa) and cypress (Taxodium distichum) . The
site may be jurisdictional to State and/or Federal agencies,
but does not meet the County criteria for a wetland.
Brazilian pepper (Schinus terebinthifolius) is scattered
along the road right-of-way. The proposed development will
have an impact on approximately one-third of an acre.
Red cockaded woodpeckers (Picoides borealis) have been noted
in the vicinity of the landfill. However, the vegetation on
the subject parcel is not typical of red cockaded woodpecker
habitat, and none were observed on site.
Recommendations:
In consideration of the small area proposed for alteration,
staff recommends approval of Petition PU-91-12 with the
following stipulations:
1. The unaltered portion of the site shall be designated
"Preserve" .
2 . Petitioner is subject to Ordinance No. 75-21 or the
vegetation removal ordinance in effect at the time of
final land development order.
3 . Petitioner is subject to Ordinance No. 82-37 or the
exotics removal ordinance in effect at the time of final
land development order.
Page Two
EAC Meeting 8/21/1991
PU-91-12
,�
PREPARED BY: `I' DATE: 7- /o".9/
F• •EISCHL
E ' •ONMENTAL SPECIALIST I
Y7 / / DATE:
f '
REVIEWED BY: � �'- t�y c� �c
'BARBARA N. PRYNOSKI
INTERIM CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: � + 1 / . DATE: L-rql/
-OHN F. MADA WSKI, P. E.
1#ROJECT REVI SERVICES MANAGER
Staff Reports, PU-91-12 , gs
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 8/21/1991
Petition: PU-90-31: Dan Johnson of Gee & Jenson
representing the Board of County Commissioners,
Collier County; requesting a provisional use "b"
of RO zoning district for a boat launching
facility. (Conklin Point) .
Considerations:
The petitioner requests a provisional use to construct a
public launch facility. The 7.32 acre parcel is on the west
side of Vanderbilt Drive and is bordered on the north by the
Wiggins Pass Marina, on the south by the Cocohatchee River
and on the west by vacant land.
Existing on site are a guardhouse, asphalt pavement and
parking, docks and associated walkways, and concrete
seawalls. Vegetation consists primarily of laurel and live
oaks, queen palms, bottlebrush, Ficus sp. , Brazilian pepper
and Australian pines with an herbaceous groundcover. No
discrete vegetative community exists. The site has obviously
been landscaped in the past.
Concerns:
1. Project is possibly within an area of a (outer boundaries
of the Secondary Zone) nesting pair of bald eagles, an
endangered protected species.
2. Wiggins Pass is a critical manatee habitat.
Recommendations:
In consideration of the above, staff recommends approval of
Petition PU-90-31 with the following stipulations:
1. Prior to preliminary site plan approval petitioners shall
submit a letter of no objection from the Florida Game and
Fresh Water Fish Commission regarding wildlife concerns,
specifically the bald eagle. Should wildlife concerns
exist, appropriate protective measures shall be
incorporated into the site plan review process.
2 . The petitioner shall propose manatee protection measures,
such as educational displays and precautions to be taken
during the construction process and incorporate said
protection measures under "Notes" on the approved site
plan.
Staff Report PU-90-31
EAC Meeting 8/21/91
Page 2
3 . The petitioner shall indicate on the site plan (by
location and species) any vegetation that may be impacted
by the proposed marina/ramp.
4 . The petitioner shall submit water quality monitoring
plans to Project Review Services - Environmental Staff.
5. If fueling facilities are proposed now or in the future,
the petitioner shall propose measures to contain spills
from on-land equipment and contain spills that may occur
in the water.
PREPARED BY: 4-4JA.. )?'
i/,1,6 L DATE: 3 /qi
BARBARA N. PRYNOSKI
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: - '
' DATE: P'` ��
-'OHN - . MADA, EWSKI, P. E.
'ROJECT REVIEW SERVICES MANAGER
Staff Reports, NU-90-31, ew
PROJECT REVIEW SERVICES
t-N (Environmental Review)
STAFF REPORT
FOR EAC MEETING 8/21/1991
Petition: PUD-89-15 (1) /SMP-91-13: William C. McAnly of
William C. McAnly & Associates, representing Misty
Harbor, Inc. ; requesting a PUD Amendment to
"Silver Lakes RV Resort & Golf Club PUD" and
Subdivision Master Plan approval.
Considerations:
The subject property is a one hundred forty-six (146) acre
parcel currently zoned PUD (planned unit development) . The
site is bordered by A-2 (agriculture) and E (estates) zoning
to the north, MHSD (mobile home subdivision) to the east,
RSF-1 (residential single-family) to the south, and SR-951 on
the west {across which, the property is zoned A-2 and C-5
(commercial) } . The petitioner proposes a development
consisting of mobile home lots and recreational facilities.
The parcel is within the Rookery Bay watershed, and notice
regarding the project has been given to the manager of the
Rookery Bay National Aquatic Preserve.
Most of the property lies within the area of the Deltona
Settlement Agreement. Petitioner has been advised of the
requirement for notification of the Department of
Environmental Regulation, South Florida Water Management
District, and the intervenors, prior to approval of
construction plans.
The vegetation on site consists of pine flatwoods and
previously cleared agricultural lands. The flatwoods are
vegetated primarily by slash pines (Pinus elliottii var.
densa) with some cypress (Taxodium distichum) . The
agricultural lands have been heavily invaded by Brazilian
pepper (Schinus terebinthifolius) .
Recommendations:
In consideration of the fact that the majority of development
is proposed for lands within the Deltona Settlement
Agreement, staff recommends approval of Petition
PUD-89-15 (1) /SMP-91-13 with the following stipulations:
1. Revise PUD document as follows:
a) Page 5-4 H. change to: "landscaping: the landscaping
requirements shall conform to the County code in
effect at the time of Final Site Development
Plan/Construction Plan approval. "
Staff Report PUD-89-15 (1) /SMP-91-13
EAC Meeting 8/21/91
Page 2
b) Page 6-1, 6. 2 .A. 2 omit: "Lakes"
c) Page 6-1, 6.2 .A. 3 change to: "Boardwalks or pervious
paths constructed for the enjoyment of the
conservation area by the residents of the project.
d) Page 8-7 B, make changes to reflect requirements of
Ordinance No. 82-2 as amended by Ordinance No. 89-57 .
e) Page 8-7 C, make changes to reflect submittal for
review and approval by Project Review Services of the
exotics maintenance plan, prior to Final Site
Development Plan/Construction Plan approval.
f) Page 8-8 E, reinstate wording struck through.
g) Page 8-10 12 , reinstate wording struck through.
h) "Future" uses on PUD Master Plan should be omitted,
or it should be noted that these uses are subject to
relocation, reconfiguration, or deletion, as well as
Federal, State, and Local review and approval.
2 . Prior to Final Site Development Plan/Construction Plan
approval, demonstrate that twenty-five percent (25%) of
the viable, naturally functioning native vegetation on
site shall be retained.
3 . Approval of SMP-91-13 shall be contingent upon approval
of petition PUD-89-15 (1) .
71
PREPARED BY: ;
Y: ',(_ , c_ x , ,_,K, - DATE: , y .lit i(y tr/
FRED *REISCHL
ENVIRONMENTAL SPECIALIST I
REVIEWED BY: 44,,t`'-)1 '``Jn-Q DATE: p15 /9"/
BARBARA N. PRYNOSKI
CHIEF ENVIRONMENTAL SPECIA 1ST
,
REVIEWED BY: ( ' /, e DATE: 74
'OHN F. MADAt!j+ WSKI, P. E.
:�ROJECT REVI " SERVICES MANAGER
Staff Reports, PUD-89-15 (1) /SMP-91-13 , ew
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 8/21/1991
Petition: PUD-87-48 (1) /SMP-91-8: Alan D. Reynolds, AICP of
Wilson, Miller, Barton & Peek, Inc. , representing
Southampton Development Corp. ; requesting a PUD
Amendment and Subdivision Master Plan approval for
"Southampton @ Naples" .
Considerations:
The Southampton at Naples PUD rezone petition, R-87-48, was
approved on June 14, 1987 by Ordinance No. 88-53. Development of
the project has not been, initiated. In this petition the
applicant's intent is to maintain the same density of 799 units
with a gross density of 2 .55 units per acre. The following table
describes the applicant's proposed changes to the approved land
uses.
Land Use Summary
n Symbol Description Approved - Acreages - Proposed
R-1 Residential 110.7 74 . 5
R-2 Residential 26.5 42 . 0
GCO Golf Course & Open Space 99. 0 104 .7
CH Creek Hammock 24. 6 23. 0
L Lake 44 . 0 44. 2
Road ROW/Easement 8.7 23 . 6
50 ft. wide ROW 1.5
The three hundred thirteen (313) acre parcel is located south of
Immokalee Road and west of Airport Road. The parcel is located
east of North Naples Community Park, south of Green Tree Shopping
Center, north of Victoria Park and east of South Winds Estates.
Along the northern boundary of the subject property is the
Cocohatchee Canal.
The natural drainage of the site flows through two creek-like
branches from the south-southeast towards the northwest, that join
to form a tributary of the Cocohatchee River. Ground elevations
within the project site range from 2. 6 to 10.6 NGVD.
The soil types on the site include Pompano fine sand
(approximately 33%) , Immokalee fine sand (approximately 23%) ,
Cypress swamp (approximately 17%) , Broward fine sand
(approximately 13%) , and St. Lucie and Charlotte fine sands
n (approximately 7%, each) .
Staff Report PUD-87-48 (1) /SMP-91-8
EAC Meeting 8/21/1991
Page 2
Fifty percent (50%) of the property consists of open fields, that
support herbaceous groundcover and scattered re-growth of woody
vegetation, especially wax myrtle (Myrica cerifera) . The
remaining fifty percent (50%) consists of pine flatwoods, cabbage
palm (Sabal palmetto) , scrub, live oak (Ouercus virginiana) and
mixed hardwood (creek hammock) .
The most distinct biotic feature on the parcel is a habitat the
applicant has labeled a "Creek Hammock" (see the Revised Master
Plan dated July 12 , 1991) . The Creek Hammock is characterized by
herbaceous wetland vegetation including strap fern (Campyloneurum
phvllitidis) , leather fern (Acrostichum danaeifolium) , royal fern
(Osmunda regalis) , swamp fern (Blechnum serrulatum) , and saw grass
(Cladium lamaicense) . Fringe areas of the creek community support
such vegetation as pond apple (Annona glabra) , ash (Fraxinus
caroliniana) , myrsine (Myrsine auianensis) , wild coffee
(Psychotria nervosa) . Cabbage palm dominate the canopy layer,
with scattered occurrences of oak (Ouercus spp. ) .
In some areas along the banks of the creek community, the
elevation increases from six (6) feet to over nine (9) feet NGVD.
n The surface soil of St. Lucie fine sand is notable in these areas,
which support numerous oak trees, often forming small island
communities. The sizes of these oaks range from saplings to
mature specimens with sixteen (16) inch diameters.
Several active gopher tortoise burrows were identified on site.
Approximately fifteen percent (15%) of the parcel exhibits xeric
features which ' are characteristic of viable gopher tortoise
habitat.
The applicant contracted Piper Archaeology Research, Inc. to
survey the parcel for cultural resources. It was reported that
one prehistoric archaeologic archaeological site (8Cr583) was
discovered during the survey, which was determined by the company
not to be a regionally significant cultural resource. Another
known prehistoric site is located on the adjacent property (Green
Tree Shopping Center) .
Recommendations:
In consideration of the above, staff recommends approval of
Petition PUD-87-48 (1) /SMP-91-8 subject to the following
stipulations:
1. The applicant shall submit, prior to final construction
n plan/plat approvals, all federal and state jurisdictional
determinations, species of special status surveys,
waivers/exemption determinations that may relate to or affect
the design and layout of said construction plan or plat.
Staff Report PUD-87-48 (1) /SMP-91-8
EAC Meeting 8/21/1991
Page 3
2 . Design of the golf course layout, buildings and associated
structures, and infrastructure shall be adjusted, where
applicable, to comply with the requirements of the ACOE, DER,
and FGFWFC.
3 . A minimum of twenty-five (25) percent of the entire site's
native vegetation shall be retained as required by Collier
County Ordinance No. 75-21 as amended by Ordinance No. 89-58.
Areas of retention (preservation) shall include at least all
jurisdictional wetlands, approved mitigation areas, oak
island preserves` (as per PUD 87-48) , creek hammock buffers
(as per PUD 87-48) and required gopher tortoise habitat. All
areas shall be designated on the construction plans/site
development plans.
4. All jurisdictional wetlands, mitigation areas, oak island
preserves, creek hammock buffers and required gopher tortoise
habitat shall be designated as conservation/preserve tracts
or easements on all construction plans and shall be recorded
on the plat with protective covenants as per Chapter 704 . 06
of the Florida Statutes.
5. All proposed mitigation for wetland impacts to Collier County
Jurisdictional Wetlands shall comply with Appendix 7 of the
South Florida Water Management District rules and be subject
to review and approval by Project Review Services -
Environmental Staff. Proposed wetland mitigation shall first
be considered on site and contiguous to and within the creek
hammock, but in no case may mitigation be less than a 1. 5: 1
area ratio.
6. A minimum separation distance between protected wetlands and
proposed lake(s) shall be two hundred (200) feet unless: (1)
soil or other data such as lichen lines, water marks, etc. ,
clearly show that water table elevations in the wetlands will
not be adversely affected; or (2) if the control elevation of
adjacent lakes is set to correspond to elevations of the
referenced biological indicators; or (3) if the 200 feet
separation distance is waived by South Florida Water
Management District.
7. Control structures shall be set at or above biological
indicators (i.e. lichen lines) of the nearest wetlands.
Control elevations shall be established which provide
hydroperiods that reasonably assure successful
restoration/preservation and/or enhancement of the wetlands.
Staff Report PUD-87-48 (1) /SMP-91-8
EAC Meeting 8/21/1991
Page 4
8. Littoral zones of lakes shall maintain a slope of 1: 4 to a
depth of 4 feet. The slopes of lake shores adjacent to the
Conservation Area shall be more gradual. A slope 1: 10 is
recommended in such areas to prevent destabilization of
sensitive habitats. All littoral zones shall be revegetated
with native aquatic species, and the encroachment of exotic
vegetation in these areas shall be controlled.
9. The proposed boardwalk located within the Collier County
Jurisdictional Wetland shall be elevated and shall meander to
avoid the clearing of any protected trees and shall be
approved by Project Review Services - Environmental Staff.
10. Native vegetation, specifically oaks over four (4) inches in
diameter at breast height and cabbage palms that cannot be
retained shall be incorporated into open space or landscaping
by transplanting.
11. Protected plant species sighted prior to or during
construction and that are in the line of construction, shall
be protected from injury and/or relocated on-site, to the
creek hammock buffer areas or landscape areas.
12 . An exotic vegetation removal, monitoring, and maintenance
(exotic-free) plan for the site, with emphasis on the
conservation areas, shall be submitted to Project Review
Services - Environmental Staff for review and approval prior
to final site plan/construction plan approval.
PREPARED BY: A jr / 0 DATE: 6/5/7/
KIMBERLY - , POLEN
ENVIRONME 'TAL SPECIALIST II
REVIEWED BY: r: DATE: g/5l9/
BARBARA • •YNOSKI
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: �' / / DATE: 0/Vq/
1 OHN F. MADAJ Dt .KI, P. E.
Q ROJECT REVIEW SERVICES MANAGER
Staff Report, PUD-87-48 (1) /SMP-91-8, ew/gs
•
SECTION I E7• (
SYNTHESIS OF RECOMMENDATIONS CONCERNING
THE MANAGEMENT OF THE COASTAL ZONE
Note: Changes made since the last EAC hearing (7/17/91) are
indicated by strike throughs _(deletions) and underlines
(additions) .
RECOMMENDATION 1
Collier County will be consistent with all County, State, and
Federal laws, ordinances, statutes, rules or other requirements
that pertain to the management of the County's Coastal Zone,
including but not limited to:
1. 1: The County shall permit only development plans that
demonstrate conformity with DER rule 17-302 (Surface
Water Quality) , or its successors, to insure that
degradation of coastal waters shall not occur.
1.2 : Discharges into surface waters of the coastal zone shall
not result in violation of surface water quality
standards (DER Rule 17-302) .
1.3: Coastal waters shall not be degraded below qualities
needed to support "existing uses" as defined by DER Rule
17-302. Existing uses are any actual beneficial uses of
the water on or after November 28, 1975, and may
include, but not be limited to, shell fishing,
finfishing, or swimming .(DER Rule 17-302) .
1.4: All canals, rivers, and flow ways discharging into
estuaries shall meet all applicable Federal, State, and
Local water quality standards. (modified from CCME Obj .
2.2)
1.5: Surface water run-off to estuarine and marine systems
shall be designed to limit discharge to pre-development
run-off rates; considerations shall be made for timing,
quality and quantity of freshwater run-off. (F.A.C. Ch.
40E-4 and/or County Ordinance 90-10 or its successor)
1.6: At a. minimum, diversion and detention of stormwater
run-off will be done in accordance with South Florida
Water Management District guidelines (F.A.C. Ch. 40
and/or County Ordinance 90-10 or its successor) .
1.7: All development or other activities shall comply with
the County's setback regulations (Ord. 75-19, as
amended) , County ST Zoning, and all other County, State,
and Federal regulations applicable to activities in the
coastal zone.
I -1-
1. 8: Developments shall remove exotic vegetation from
development areas, per County Ordinance 82-37 , as
amended, and shall implement programs to control exotic
vegetation within development areas, per County
Ordinances 89-49, 89-50, 89-51, 89-53 , and 89-63 , or
their successors.
1.9: Any person, firm, corporation, municipality, township,
special district, public agency, the County, or other
entity receiving permission for, and undertaking any
coastal construction or improvement, shall be
responsible for the maintenance and associated expenses
of such coastal construction or improvement (F.S.
161. 051) .
1. 10: In permitting the repair and/or reconstruction of shore
parallel engineered stabilization structures, with the
exception of residential canals, the County shall
require that seawalls that are being rebuilt or repaired
be fronted by riprap revetments (F.S. 403; F.A.C.
17-312) .
1. 11: Priorities for water-dependent uses shall be:
A. Public Boat Ramps
B. Marinas
1. commercial (public) marinas over private
marinas
2 . dry storage over wet storage,
C. Commercial fishing facilities
D. Other non-polluting water-dependent
industries or utilities (CCME 11. 1. 1)
1.12: Priorities for water-related uses shall be:
A. Recreational facilities
B. Marine supply/repair facility
C. Residential development (CCME 11. 1.3)
1.13: Marinas and other water-dependent and water-related uses
shall conform to other applicable policies regarding
development in marine wetlands. Marinas that propose to
destroy wetlands shall provide for use by the general
public. (CCME 11. 1.7)
1.14: No deep water ports shall be allowed. (CCME 11. 1.2)
1. 15: No offshore drilling support facilities shall be
I -2-
allowed. (reference County Resolution 89-159)
1 . 16: New marinas shall conform to the following
criteria:
A. Marinas must provide vehicular parking and
sewage pumpout facilities;
B. Fueling facilities shall be designed to
contain spills from on-land equipment and
shall be equipped and prepared to contain
spills in the water.
C. Marina facilities must be accessible to all
public services essential to ensure their safe
operation.
D. Dry storage should be encouraged over wet
storage. (modified from CCME 11. 1. 6)
1. 17: In areas where spoil material is not compatible, and
where surface water quality standards (F.A.C. 17-302)
cannot be met, the spoil material shall be disposed of
in an upland spoil disposal site designated as
appropriate by FDER (F.A.C. 17-312) .
1.18: Criteria for review of proposed dredging projects shall
include but not be limited to State and Federal boating
n safety and navigation standards and requirements,
including channel markers, buoys, and other required
public safety information.
1. 19: Installation of structures or other facilities in the
Clam Bay system shall not be permitted without the
approval of the Federal, State, and County regulatory
agencies, and the Collier County Board of County
Commissioners; any facilities must be in compliance with
applicable sections of the Pelican Bay PUD.
1.20: Dredging by permit or otherwise shall not occur in
Outer, Inner, or Upper the Clam Bays system, their
connecting waterways, and/or adjacent wetlands, or Clam
Pass (except to maintain the opening to waters of the
Gulf of Mexico) , per as specified by U.S. Army Corps of
Engineers permit No. 79K-0282. This entire area is
defined as the Pelican Bay Conservation Area, to be
maintained as such in perpetuity, and provisional
conservation uses are described under the Pelican Bay
PUD, Collier County Official Records Book 000966, pages
001826-001842.
1.21: Priorities for shoreline use shall be given to
water-dependent uses over water-related land uses and
shall be based on type of water-dependent use, adjacent
I -3-
land use, and surrounding marine and upland habitat
considerations. (CCME Obj . 11 . 1)
1 . 22 : Any development activities on an undeveloped coastal
barrier must be compatible with protection of the
natural form and function of the coastal barrier system.
(CCME 11 . 3 . 2)
1.23 : All public access facilities shall include parking
facilities and roadway access. (CCME 11 . 2 . 4)
1.24 : The County shall accept donations of shoreline lands
suitable for use as public access facilities. (CCME
11. 2 . 5)
1.25: Coastal developments shall include consideration for
changes in sea level and erosion rates that are
projected for at least 30 years after the completion of
the development (F. S. 161. 053) .
1.26: The County shall notify the Florida Department of
Natural Resources (FDNR) of the receipt of any permit
application, within five days of the receipt of any
permit application, for construction or other activities
proposed to be located seaward of the Coastal
Construction Control Line established by DNR. Within
five days after the receipt of such application, the
County shall notify the applicant of the requirements
for State permits (F.S. 161.. 053) .
1.27: No new bridges, causeways, paved roads or commercial
marinas shall be permitted to or on undeveloped coastal
barriers. (modified from CCME 11. 3. 10)
1.28: Persons engaged in gathering shellfish or other
marine/estuarine animals shall be subject to regulation
by F.S. 370.06, F.S. 370. 10, or other applicable
Federal, State, and Local legislation.
1.29: The County shall adhere to Florida Statute 370 for the
protection of sea oats (Uniola paniculata) and sea
grapes (Coccoloba uvifera) occurring on coastal beaches.
1. 30: Development in mangrove habitats shall conform with
all Federal, State, and Local requirements.
I -4-
RECOMMENDATION 2
Collier County may adopt Policies that provide guidance for
programs and activities related to the management of the Coastal
Zone; policies may include:
2 . 1: Definitions listed in Section II 1. 1 . 2 "Definitions" of
the Coastal Zone Management Plan (1991) Technical
Document are adopted to define terms in these
recommendations.
2 .2 : All plans, policies, stipulations, recommendations, and
regulations relating to land management in the coastal
zone shall be based on existing data or scientific
evidence relevant to the subject coastal zone.
2 . 3 : Recommendations in documents previously. contracted by
the County for Coastal Zone Management Studies (i.e. ,
Natural Resources Management Department Technical
Reports) , recommendations in the CZMP (1991) Technical
Document, recommendations in other relevant literature,
and other County documents, shall be considered for
future management plans or policies concerning
management of the coastal zone in the County.
2 .4: Public expenditure on undeveloped coastal barrier
systems shall be limited to: property acquisition,
public safety, education, habitat restoration, removal
of exotic species as required by law, and recreation and
research facilities that will not substantially alter
the natural characteristics and the natural function of
the undeveloped coastal barrier system. (modified from
CCME 11.3.4)
2.5: The County shall support programs that promote the
conservation of the natural biological and physical
resources in the coastal zone. .
2 .6: The County shall promote the conservation, maintenance,
or restoration of natural systems; habitats that are
rare, unique, or endangered, or otherwise incompatible
with human use shall be given high priority for
protection.
2.7: Analyses of coastal habitats shall be based on
scientific information and data from studies of the
coastal zone, or from relevant studies from other areas
similar to the Collier County coastal zone.
2 .8: The highest and best use of undeveloped coastal barriers
is as functioning natural systems. (modified from CCME
11. 3. 3)
2.9: Recreation that is compatible with the natural functions
I -5-
of beaches and dunes is the highest and best land use.
(CCME 11 . 5 . 1)
2 . 10: The first priority for the use of waterways is safe and
unconflicting use by all recreation and commercial
interests.
2 . 11: The County shall protect, conserve, and enhance its
coastal wildlife resources.
2 . 12 : The County shall continue to cooperate with State and
Federal regulatory agencies to appropriately regulate
development in the coastal zone.
2 . 13: Where regulatory efforts of State and Federal regulatory
agencies are adequate, then County policies shall
minimize unnecessary duplication of regulatory efforts.
2 . 14: The County shall cooperate with State and Federal
agencies in considerations to re-structure inland
drainage systems in an effort to partially restore
inland and estuarine habitats.
2 .15: The County shall cooperate with State and Federal
agencies in the study and protection of shore bird
species and their habitats.
2 . 16: The County shall rely on the U.S. Fish and Wildlife
Service and the Florida Game and Fresh Water Fish
Commission, as the lead agencies responsible for
protection and management of shore birds and their
habitats.
I -6-
RECOMMENDATION 3
Collier County may undertake or administer programs to enhance
the environmental quality of the County Coastal Zone, or acquire
data and information to be used in the management of the Coastal
Zone; programs may include:
3 . 1: Conditional upon the availability of resources and the
Board of County Commissioners' approval, the County
shall participate in and encourage Regional and State
programs to acquire naturally functioning, undeveloped
coastal barriers to insure the preservation of their
natural function. (modified from CCME 11. 3 .7)
3 .2 : Projects concerning the identification, acquisition,
and/or preservation of appropriate coastal Critical
Ecological Corridors shall be undertaken by the County
by August 1, 1994 . (modified from CCME Obj . 1. 3)
3 .3: By June 1, 1996, the County Natural Resources Department
shall evaluate all existing County legislation relevant
to development in the coastal zone, and shall present
this evaluation with recommendations for possible
ordinance revisions to the Board of County
Commissioners.
3.4: The. County Natural Resources Department shall pursue the
n acquisition of grant funding, including that available
from the State of Florida Department of Natural
Resources Office of Coastal Zone Management, to help
support research that will provide information
applicable to the management of coastal habitat systems
and their resources.
3.5: By June 1, 1993, the County will provide educational
material about coastal habitats, to be available for
public distribution. The purpose of this material will
be to provide factual information about the County's
coastal habitats and to allow increased awareness of
natural coastal systems.
3. 6: The County shall remove exotic plant species from County
owned properties in the coastal zone, and replace them
with native vegetation.
3.7: By June 1, 1996, the County shall initiate a long-term
program to monitor physical and biological properties of
nearshore and estuarine habitat systems. This program
will be designed to continue and expand the County's
existing coastal monitoring program.
3.8: The County shall initiate and support beach and dune
restoration and preservation programs where appropriate.
n (modified from •CCME 11.4 . 5)
I -7-
3 . 9 : By June 1 , 1993 , the County shall amend Ordinance 77-66
(the EIS Ordinance) to include information on sea level
changes and possible effects on developments in the
County' s coastal areas.
3 . 10: By June 1 , 1995, the County shall consider revising
Ordinance 75-19, the CCSL Ordinance (reference F.S.
161. 053) . Revision shall include extending the County
setback line landward to more closely match the existing
State DNR 1989 CCCL revision, extending the line
landward along the banks of tidally affected rivers or
estuaries, or extending the line to include shorelines
that now have no coastal setback requirements, such as
the Cape Romano barrier complex and the 10, 000 Islands,
and revising criteria for allowing variances.
3.11: By September 1, 1994, the County shall establish a
program to monitor and assess the health and viability
of the County's seagrass beds. Seagrass beds that
continue to be degraded by boater impacts may have
regulatory signs posted around their perimeters by the
County, and shall be considered for designation as
refuge areas. This program shall insure this assessment
for a minimum of ten years. Until this program is
implemented, the seagrasses of the County shall continue
to be monitored by the County Natural Resources
n Department staff. Areal extent, degree of prop
scarring, biological diversity (an indication of
ecosystem health) , indicator species, etc. shall be
studied in an ongoing project.
3.12: By June 1, 1996, the County Natural Resources Department
shall analyze the County's coastal zone habitat areas
and wildlife populations, and will recommend whether
additional protection by County Ordinance may be
appropriate for certain species of wildlife in the
coastal zone. .
3.13: As part of a comprehensive manatee protection plan the
County will complete, by August 1, 1994, a County-wide
near shore boat traffic study. At a minimum, this study
shall include:
- daily boat traffic of navigable passes and
channels
- seasonal differences in boat traffic;
- adherence to posted speed limits;
- boat traffic outside of marked channels;
- other factors determined as important.
I -8-
3 . 14 : The County Natural Resources Department shall recommend
to FDNR that certain geographical locations be
designated by FDNR as preferred docking facility sites
according to the following criteria:
- areas near inlets that are regulated for boat
speeds
- areas that allow quick access to deep water
and/or the Gulf of Mexico
- areas zoned for commercial marinas open to the
public
- areas that will not negatively impact manatees or
their preferred habitats (modified from State of
Florida DNR, Nov. 8, 1989) . (reference 3 . 29)
3. 15: By July 31, 1991, the County shall have in place boating
speed regulations for County waters, and will have these
restrictions appropriately posted.
3.16: Freshwater inputs to the Clam Bay system shall be
monitored and modifications to inputs shall be made, if
it is determined that quantity, quality, or timing of
freshwater run-off is adversely affecting habitats in
n and around the Clam Bay system.
3.17: By October 1, 1991, the County Natural Resources
Department shall provide, at cost, recommendations and
information on Coastal Barrier Units and Beach Segments,
as outlined in the CZMP (1991) Technical Document,' for
distribution to property owners and managers in the
coastal zone.
3.18: "Unit Recommendations", "Beach Segment Hazard Potential"
and "Beach Segment Management Recommendations" , as
listed in "Section 4 .0, Coastal Zone Management Data
Base", of the CZMP (1991) Technical Document shall be
evaluated and revised, as appropriate, by June 1, 1997.
3.19: The County shall provide information on xeriscape
techniques and native plant species as landscape
materials to reduce water consumption and the use of
lawn and garden chemicals. (adapted from CCME 4 . 2.6)
3.20: The County shall evaluate appropriate public access
intervals for renourished beaches considering the demand
' for recreation and the ability of the natural system to
support the demand. If existing access is not
sufficient, then the County shall acquire additional
access points as a part of the renourishment project.
(modified from CCME 11.2.2)
I -9-
3 . 21: By June 1 , 1994 , the County Natural Resources Department
n shall review Ordinance 88-52 , the Sea Turtle Protection
Ordinance, and bring the recommendations to the Board of
County Commissioners for their review and approval .
3 .22 : The County Natural Resources Department shall compile
information on sea turtle activity on the County' s beach
systems and continue to produce annual reports
summarizing sea turtle nesting activity on the County' s
beaches.
3 .23 : By January 1, 1993, the County Natural Resources
Department shall develop, for review and approval by the
Board of County Commissioners, a County Shore Bird
Protection Plan.
3 .24: By June 1, 1993 , the County shall establish procedures
to work with the U.S. Fish and Wildlife Service, and the
Florida Game and Fresh Water Fish Commission, in
research and management of shore bird populations and
their habitats.
3.25: As a part of any County beach nourishment project, the
County, in coordination with the Florida Game and Fresh
Water Fish Commission, shall create a shore bird
preservation area.
3.26: By January 1, 1992, the County Natural Resources
Department shall develop, for review and approval by the
Board of County Commissioners, a Comprehensive County
Manatee Protection Plan.
3.27: Areas shall be identified for regulation of human
activity based on use by manatees, importance to
manatees, frequency of use by manatees, or other
appropriate manatee protection criteria. These areas
shall be re-evaluated on an ongoing basis by the County
Natural Resources Department.
3.28: Areas of restricted human activity for manatee
protection shall be identified as appropriate, in
cooperation with State and Federal regulatory agencies.
3.29: All areas where manatees have been found to congregate
shall be evaluated for the adoption of slow or idle
speed zones, with channel exemptions, where appropriate.
Where heavy boat traffic and manatee concentrations
overlap, slow or idle speed zones without channel
exemption shall be instated.
3.30: An assessment of critical manatee habitat areas in the
County shall be done so that recreational areas overlap
with essential manatee habitat as little as possible.
I -10-
i
Activities that require fast boat speeds, such as
water-skiing, should be restricted to areas that would
n not negatively affect manatees or their habitat. The
waters of the County 's coastal zone may be designated as
a Critical Manatee Habitat by an resolution-approved
ordinance adopted by the Board of County Commissioners.
3. 31: By June 1, 1995, the County shall establish contingency
plans for clearing and maintaining Wiggins, Clam, Capri,
and Caxambas Passes, after pass alterations that may be
caused by major storm events.
3 .32 : The County shall investigate alternative methods of pass
clearing and maintenance or shall require that
alternative methods be investigated as part of proposals
for pass clearing and maintenance.
3.33: The Collier County Board of County Commissioners shall
be the entity responsible for developing the inlet
management plans and permit applications and for
maintaining the inlets according to applicable
requirements for all passes except Doctors Pass (City of
Naples) , Gordon Pass (USACE) and Indian Key Pass
(USACE) .
3.34: Estimates of cost to provide maintenance dredging shall
be identified in detailed inlet maintenance dredging
pls.enodredging shallevelop the lbesfunded byand sthe to Tourist
erfrm
thhe maintenance
Development Tax.
•
I -11-
RECOMMENDATION 4
r1 Collier County may adopt regulations specific to the Coastal Zone
that will enable appropriate management of the Coastal Zone,
including but not limited to:
4 . 1: "Unit Recommendations" , "Beach Segment Hazard Potential"
and "Beach Segment Management Recommendations" , as
listed in "Section 4 . 0, Coastal Zone Management Data
Base" , of the CZMP (1991) Technical Document shall be
considered as recommendations for planning and
development in applicable coastal areas.
4 .2 : "Guidelines for Habitat Mitigation" and "Development
Standards" are recommended as outlined in "Section II
5.0, Guidelines for Development on Coastal Barriers" , in
the CZMP (1991) Technical Document.
4 .3: Agriculture (including aquaculture) and timbering are
not exempt from the regulations in the CZMP (1991)
Technical Document related to the coastal zone.
(modified from CCME 11. 3 . 15)
4 .4: No applicable County permit shall be issued by the
Community Development Services Administrator or
designee, for any development project which impacts
activities-in wetlands andJor waters of the coastal
zone, by-the-eommunity-Beveiepment-serviees
/4N Administrator-or-designee; until the ACOE, FDER, and
SFWMD "Joint Applications for Works in the Waters of
Florida" fi-e-;-dredge-and-fill-persits)- (or its
successors) have has been issued.
4 .5: In areas adjacent to estuarine systems, commercial
Development, as defined by the present Growth Management
Plan, shall be restricted to water-dependent and
water-related uses that are allowed by the Future Land
Use Element map, or additionally, in the case of
commercial marinas, if the applicant can obtain proper
zoning, to areas that are FDNR-approved preferred
docking facility sites.
4 .6: Within the property boundaries of a proposed
development project, the following priority ranking for
the siting of development and the resultant destruction
or disturbance to native vegetative communities shall
apply:
1. Areas presently developed
2 . Disturbed uplands
3. Disturbed freshwater wetlands
4. Disturbed brackish water and marine wetlands
5. Viable unaltered uplands
/""• 6. Viable unaltered freshwater wetlands
I -12-
7 . Viable unaltered brackish water and marine
wetlands (modified from CCME 11 . 1 . 4)
4 . 7 : Within the property boundary of a proposed development
project, development activities and mitigation for
development, except for pristine areas proposed for
preservation, shall be preferred in areas that are shown
to have been significantly disturbed by human activities
or are significantly altered by invasion of exotic
species.
4 .8: Mitigation for a proposed project shall only be approved
by the County if it is in compliance with Local,
Regional, State, and Federal regulations.
4 .9 : Until the adoption of a County Habitat Protection
Ordinance, appropriate habitat mitigation shall continue
to be determined site-specifically through negotiations
between the applicant for land use activities and the
Community Development Services Administrator or
designee, or their successor. Approval of plans for
mitigation, by the Community Development Services
Administrator or designee, shall occur before
development plans receive Preliminary Site Plan approval
or Subdivision Master Plan approval.
4. 10: Mitigation activities that are completed and approved
r„\ before project commencement or commenced prior to
• project ground-breaking and that are phased in
concurrently with phased development activities shall be
encouraged in every case to insure compliance.
414Et Only soils that are compatible with coastal habitat
4 . 11: systems shall be used for enhancement or creation of
coastal habitat systems.
4143* Standards for construction of riprap revetments
4. 12 : shall include a minimum waterward slope of
2 (horizontal) : 1(vertical) . Planting and maintenance of
appropriate native vegetation at the toe of the
revetment shall be required, in accordance with
specifications by the Community Development Services
Administrator or designee.
4144* The first priority for removal of exotic species, as
4 . 13: required by County Ordinances including 89-49, 89-50,
89-51, 89-53, and 89-63, shall be coastal shoreline
areas. Plans for exotic removal and maintenance shall
indicate the removal of exotic species, as required by
County ordinance, and a maintenance program approved by
the Community Development Services Administrator or
designee. Exotic species shall be removed first from
within 100' of MHW during any coastal exotic species
/', removal program.
I -13-
x f
4,451. Marinas and multi-slip docking facilities shall prepare
4 , 14 : hurricane plans for approval which describe measures to
be taken to minimize damage to marinas and other
multi-slip docking facilities and neighboring properties
and the environment; this hurricane plan shall be
reviewed and approved by the County. (modified
from CCME 11. 1. 6)
4T46t Disturbed habitats are preferable marina sites over
• 4 . 15: pristine, undisturbed habitats. Expansion of existing
marinas in suitable locations is preferable to the
construction of new marinas.
4T491. The first choice for new boat ramps and expansion of
4 . 16: existing boat ramps shall be at locations where there is
nearby access to the Gulf.
4148t Multi-family and other multi-slip non-commercial boat
4 . 17: docking facilities of 10 slips or more shall require an
Environmental Impact Statement that considers potential
impacts to adjacent uplands within property boundaries,
uplands utilized for dock access, wetlands, benthos,
seagrasses, manatees, and water quality.
4r49t----Multifamily-and-other-muiti-slip-nen-eemmereial-beat
decking-fneilities-shall-be-}coated-within-FBNR-approved
n preferred-decking-facility-sites;-er-else-permuted-at-a
density-net-te-exceed-one-power-beat-slip-for-every-188
feet-of-shorelineT--The-decks-should-be-clumped-Within
the-development-te-minimire-disruption-ef-the-shoreline-
eenservatien-easements-should-be-granted;-guaranteeing
that-no-further-deekage-struetures-Will-be-eenstrueted
en-the-preperty-finedified-£rem-state-ef-Fleride-BNR;
Nov.--8;-3989}--
4Tg8t----Single-family-decks-shall-be-allowed-at-a-density-ef-one
power-bent-slip-per-1881-of-shoreline;-er-per-one
residential-Waterfront-let;-Whichever-is-smaller.---lf
sueh-property-is-}coated-Within-a-BNR-approved-preferred
decking-facility-site;-a-greater-concentration-ef-decks
may-be-permitted-fmodified-from-State-of-Florida-BNR;
Nev--8;-1989}-
4 .18: With regard to allowable densities for single family and
multi-family and other multi-slip non-commercial boat
docking facilities, the County shall follow the current
guidelines and regulations of the State of Florida DNR
and Governor and Cabinet.
4 . 19: The County shall support. by resolution, the State of
Florida DNR and Governor and Cabinet's guidelines and
regulations for all applicable boat dock projects.
I -14-
4T21t Idle speed zones shall be instated at all existing and
4 . 20: new marina basins, commercial boat ramps, and other
multi-slip docking facilities of more than 25 slips, and
access channels to them should be designated slow speed
zones. These developments shall supply and maintain
regulatory signage within the facility and in their
access channels, and supply and maintain educational
displays and literature on manatee protection and
natural resources conservation (modified from State of
Florida DNR, Nov. 8, 1989) .
410E1. The County shall further regulate boating activities to
4 .21: conform to State requirements for boating safety and
manatee protection, as well as to reduce damage to
shorelines and to minimize noise disturbances.
41E3t Further regulation of boating activities shall be based
4 .22: on scientific study, and policies thus derived will be
data supported.
41241. The County shall allow maintenance dredging of existing
4 .23: residential canals to allow for a controlling depth of 5
feet.
4105* Man-made or man-altered channels or other water bodies
4 .24: that exceed natural surrounding depths, and that show
evidence of anoxia, chemical stratification, or other
signs of unhealthy benthic conditions shall be
considered for restoration. Priorities for restoration
should be:
1. Filling the excessively deep areas with compatible
substrata material, to surrounding bottom depths, or to
- a depth that is shown to be conducive to thorough
flushing by naturally occurring water currents, in order
to maintain healthy benthic community conditions;
2. Removing adjacent substrata to allow adequate
flushing in order to maintain healthy benthic community
conditions.
4146. Where compatible, and where standards in F.A.C. 17-302
4 .25: can be met, spoil material from back bay dredging
projects shall be considered for use in the development
of natural habitat islands in areas adjacent to, or in
the same bay system as, dredging projects.
4187. Power-driven vessels shall not be operated in the Clam
4 .26: Bay system, except for: (1) persons conducting bona fide
water quality monitoring or other scientific research
authorized by the Collier County Board of County
Commissioners, (2) representatives of governmental
agencies in the performance of their official duties,
and (3) law enforcement officers in the performance of
I -15-
their official duties.
n 411-28t Clam Bay habitat systems shall not be further degraded
4 . 27 : by connections to other water bodies or by increasing
the cross-sectional area of the existing connection to
Venetian Bay. Considerations shall be made by the
County to limit or close the existing connection to
Venetian Bay to the south.
41-29t The County shall apply all applicable Federal, State,
4 .28: and Local standards, criteria, . and policies, toward the
appropriate regulation of development and management of
natural systems in the coastal zone. In the case of
areas on coastal barriers that have been designated as
"undeveloped" under the Coastal Barrier Resources Act of
1982 by the U.S. Department of the Interior, the County
shall not approve any plan of development, which either
individually, or in combination with other adjacent
development, would result in an undeveloped island, or
undeveloped island segment reaching or exceeding a
density of one structure per five acres of fastland.
4T381. The County shall coordinate with State and Federal '
4 .29: agencies regarding use of and access to Federally and
State owned properties in the coastal zone for public
us . (modified from CCME 11.2.6)
41.34. Existing legal access for the public to the beach shall
4.30: be maintained by new development. New beachfront
development shall show on their site-plans existing
beach access ways and the proposed development shall
continue that access way, relocate it on the site, or
donate it to the County. (modified from CCME 11.2. 1)
41.32. The County shall regulate activities so that the
4.31: activities shall not threaten the stability of the dunes
or the beach itself. (modified from CCME 11. 5.7)
41.33t The County shall require dune revegetation in land
4 .32: development projects along beach areas. (modified from
CCME 11.4.4)
41.34t The County shall require native vegetation as
4.33: landscaping in development activities in the developed
coastal zone. (modified from CCME 11.4.6)
41.35* Appropriate native vegetation shall be required as the
4 .34: only stabilizing medium in any coastal barrier
vegetation or restoration program. (modified from CCME
11.3.5)
41.361 Native vegetation on coastal barriers shall be
4 . 35: preserved. To the extent that native vegetation is lost
during land development activities and the remaining
I -16-
native vegetation can be supplemented without damaging
or degrading its natural function, any native vegetation
n lost during construction shall be replaced by
supplementing with compatible native vegetation on site.
All exotic vegetation shall be removed and replaced with
appropriate native vegetation. (modified from CCME
11. 3 . 9) (reference 2 .9, 41-44-4745 4 .43-4 . 44)
41.39t Development and redevelopment proposals shall consider
4. 36: the implications of potential changes in sea level.
(modified from CCME 11. 4 . 13)
4,-38* The County shall adhere to State and Federal guidelines
for the protection of sea turtles.
4T39t Construction activities shall not interfere with sea
4 .38: turtle nesting, shall preserve or replace any native
vegetation on the site, and shall maintain the natural
existing beach profile and minimize interference with
the natural beach dynamics and function. (modified from
CCME 11. 5. 11)
4T48t Development in open beach habitats shall conform with
4.39: all current Federal, State, and Local requirements.
Permitted structures, such as dune walkovers, chickee
huts, or other minor structures (F,.S. 161) , will not
exceed ten feet above ground. level, and the total amount
of shore-parallel structure shall not exceed five
percent of the total linear shoreline of the property.
4T44t Design of coastal developments shall insure that no net
4.40: loss of sand occurs on the down-drift sides of the
proposed development.
4T48t The County shall require Site Development Approval for
4.41: new developments or redevelopments proposed to take
place within areas identified as Coastal Barriers, with
the exception of one single family dwelling unit on a
single platted parcel. (modified from CCME 11.3 . 12)
4T43t The County shall prohibit activities which would result
4.42: in man-induced shoreline erosion or that would
deteriorate the beach and dune system. (modified from
CCME 11.4.3)
4T44t The County shall prohibit shoreline armoring processes
4.43: on undeveloped shorelines and encourage non-structural
methods for stabilizing beaches and dunes. (modified
from CCME 11. 5.9)
42.45t Substantial alteration of the natural grade on
4.44: undeveloped coastal barriers by filling or excavation
shall be prohibited except as a part of a permitted dune
and/or beach restoration program. (modified from CCME
I -17
11 . 3 . 14 )
4T46t Seawall construction fronting the Gulf of Mexico
4 . 45: shall be prohibited except in extreme cases of hardship.
(CCME 11 . 4 .9) Extreme cases of hardship shall be
defined as immediate threats to residential or
commercial structures.
4T49t Vehicle traffic or traffic on the beach and dunes shall
4 . 46: be prohibited except for emergency and County
Development Services Department approved conservation
purposes, environmental purposes, and bona fide
construction (reference 3 .22, 4-49-4753 4 .48-4 . 52,
regarding sea turtles) . The County shall enforce this
requirement with the existing Vehicle On The Beach
Ordinance. (modified from CCME 11.4 . 10)
4T48t Construction or repair of any structure (e.g. , dune
4 .47: walkovers, seawalls or other revetments, sandbags,
groins or jetties, etc. ) shall not be permitted during
sea turtle nesting season on any Collier County beaches.
4T49t The operation of motorized vehicles, including but not
4.48: limited to, any self-propelled, wheeled, tracked, or
belted conveyance, shall be prohibited on coastal
beaches above MHW during sea turtle nesting season (May
1 to October 31 of each year) except in cases of law
enforcement, emergency, or conservation of sea turtles.
4T59t Beach raking and mechanical beach cleaning during sea
4.49: turtle nesting season (May 1 to October 1 of each year)
shall be confined to the area of beach below MHW (or
previous high tide mark) and, where a State certified
sea turtle monitoring program is in place, shall be
performed only after daily sea turtle monitoring has
been conducted by a State certified sea turtle permit
holder.
41-54t Beach raking and
mechanical
beachbeach
sedimentscleaning
bydevices
thanshall
4.50: not disturb or penetrate
one inch.
4v52t Heavy equipment shall not be used to conduct beach
4 .51: raking and mechanical beach cleaning. Light-weight
vehicles having wide, low profile, low-pressure tires
shall be used to conduct beach raking and mechanical
beach cleaning operations.
4T53* Beach raking and mechanical beach cleaning shall be
4 .52 : prohibited on undeveloped coastal barriers.
4T54t Sea turtle monitoring shall be conducted (by a State
4.53: certified permit holder) one year prior to the
commencement of beach nourishment or renourishment, and
I -18-
•
shall also be conducted for at least 2 successive years
post-nourishment or renourishment.
4T55t Permits to allow operation of vehicles on County beaches
4 . 54 : shall expire on April 30 of each year, to coincide with
the beginning of sea turtle nesting season.
4:561 Development projects which may negatively impact
4 . 55: manatees and their habitat include dredging and filling;
construction of structures which impact aquatic
vegetation; marina, dockage, and boat ramp facilities;
and construction of bulkhead structures along
shorelines. Any such proposed project shall include a
manatee protection plan in its development scheme. A
manatee protection plan shall be submitted by the
proposed development, for review and approval by the
County Development Services Administrator or designee,
and shall address, at a minimum, the following concerns:
1. Education and public awareness
2 . Habitat monitoring
3 . Manatee monitoring
4 . Posting manatee and speed zone signs
5. Information on boat traffic
6. Maintenance and monitoring of water quality to
comply with State standards.
n 4:571 In order to protect manatees, marinas and multi-slip
4. 56: docking facilities shall be prohibited in designated
manatee critical habitat unless other protective
measures are provided. (modified from CCME 7.2.3)
(reference 3 . 14)
4:58* Development in dune and strand habitats shall conform
4.57: with all current Federal, State and Local requirements.
Development seaward of the 1989 DNR CCCL shall destroy
no more than 50% of existing native dune and strand
habitat.
4.591 Development in coastal hammock habitats shall conform
4.58: with all Federal, State and Local requirements.
Development in coastal hammock habitats shall destroy no
more than 50% of existing native coastal hammock
habitat.
4:69* Development in coastal xeric scrub habitats shall
4 .59: conform with all Federal, State and Local requirements.
Development in coastal xeric scrub habitats shall
preserve a minimum of 80% of xeric habitats as intact,
functioning habitat. The use of xeric scrub habitats in
developments for such activities as passive recreation,
foot and bike paths, and green space, is preferred as
development activity.
I -19-
A
4T6it Mangroves or mangrove trees are red mangroves
4 , 60: (Rhizophora, mangle) , black mangroves (Avicennia
germinans) , white mangroves (Laguncularia racemosa) , and
buttonwoods (Conocarpus erectus) .
4T62t Mangrove trees shall not be removed from, or altered in,
4 . 61: any tidal wetland habitats without County permission.
For mangroves proposed for removal, the applicant shall
acquire both a County. Tree Removal Permit and a FDER
permit. Before the County Tree Removal Permit
Application will be reviewed, the applicant shall
provide the Environmental Review staff of County Project
Review Services, or their successors, a copy of the
issued valid FDER permit. For mangroves proposed for
alteration, the applicant must acquire a FDER permit,
must notify the Environmental Review staff of County
Project Review Services, or their successors, of
intended alteration activity, and must furnish said
County staff with a copy of the issued valid FDER
permit.
4T63t Projects shall be aligned so as to avoid seagrasses, and
4. 62: to minimize impacts to other native shoreline, emergent,
and submerged vegetation and hard bottom communities.
41.66t The presence of seagrasses within 500' of any proposed
4.63: development project shall be ground-truthed prior to
project approval by the Community Development Services
Administrator or designee.
41-63* Development projects which may negatively impact
4.64: seagrasses include dredging and filling; marina,
dockage, and boat ramp facilities; bridge projects; and
construction of bulkhead structures along shorelines.
Furthermore, upland development adjacent to waterbodies
containing seagrasses may have a negative impact on
these areas through seepage of sewage and drainage of
stormwater run-off into the waterbody. Any such
proposed project within 500' of existing seagrasses
should include a seagrass and water quality management
plan in its development plan, to give reasonable
assurance that seagrasses will not be negatively
affected by the project or by its associated activities.
Such a management plan shall be reviewed for approval by
the Community Development Services Administrator or
designee. 1
4. 65: Before a development in the Coastal Zone is approved, a
determination shall be made by the Community Development
Services Administrator or designee that the proposed
development will not adversely affect seagrasses by a
lowering of water quality. Activities which may lower
water quality include but are not limited to:
construction of bulkheaded shorelines; increasing
I -20-
stormwater run-off, turbidity, oils, greases, metals,
pesticides, or herbicides; introduction of other toxic
substances into adjacent waterbodies.
4TIlt A proposed development that is determined to have a
4 . 66: negative impact on existing seagrass areas will only be
permitted if the project is necessary to public health,
safety, and welfare. or for non-commercial docking
facilities where no other siting for docks is possible;
and if the project is shown to have minimized negative
impacts to the natural environment as much as possible;
and if it is in compliance with existing State and
Federal regulations; and if the impact to the seagrasses
is appropriately mitigated.
4T64t Development activities in or affecting seagrasses will
4 . 67 : require review by the Collier County Board of County
Commissioners under the ST Zoning Ordinance (Ord. 82-2,
Section 9. 1) and the Environmental Impact Statement
Ordinance (Ord. 77-66) .
4 . 68: Docking facilities that are part of a ecommercial
marinas project (as defined by Collier County Growth
Planning Department criteria) shall not be sited in
seagrass areas.
4. 69: All non-commercial docking facilities shall be aligned
so as to avoid seagrasses. Where there is no way to
avoid seagrasses waterward of the property owner's
shoreline, jointly owned docks may be constructed by two
or more adjoining property owners in order to minimize
impacts to seagrasses.
4.70: Where there is no way to avoid seagrasses, docks for
non-commercial docking facilities shall be constructed
so as to minimize shading effects to underlying
seagrasses. Planking shall be at least 3/8 of an inch
apart, and the dock shall be at a height of at least two
feet above the surface of the water at mean high tide.
4.71: In the preparation and application of detailed inlet
management plans that are used to support State and
Federal permitting, recommended regulations 4 .76-4.78
(in this document) shall apply.
4 .72: The County shall regulate activities to properly manage
natural habitat areas that are affected by the following
inlets or passes: Wiggins Pass, Clam Pass, Little
Marco/Hurricane Pass Complex, Big Marco/Capri Pass
Complex, Caxambas Pass, and 10,000 Islands passes.
4.73: The County shall support appropriate activities that
n promote safe navigation in County controlled coastal
inlets except for Clam Pass and other passes or pass
I -21-
•
systems that are not currently navigable, reasonable
access to inshore waters except for the Clam Bay system
and other inshore waters that currently are not
reasonably accessible, and reasonable recreational uses
of County waters. Dredging may be an appropriate
activity for Wiggins Pass only.
4 . 74 : The County shall continue to allow dredging of currently
altered officially designated and marked navigation
channels to comply with Federal and State navigation and
safety requirements.
4 .75: The County shall allow maintenance dredging of Wiggins
Pass to allow for a controlling depth of 8 feet.
Dredging in all other County passes shall be allowed
only where permits currently exist for dredging, or for
currently navigable passes where existing or currently
permitted overall pass dimensions become reduced, so
that the current level of service is no longer possible.
Pass improvement structures, such as jetties,
revetments, seawalls, etc. , shall be prohibited.
4.76: Whenever possible, dredging operations shall coincide
with required nearby beach nourishment operations, so
that compatible and approved dredged material may be
used for beach nourishment.
4.77: Additions or modifications to Doctors Pass shall
incorporate design criteria and standards that will
allow no net loss of sand transport on the down-drift
side of passes.
4.78: For those passes under County control, Wiggins Pass,
Clam Pass, Little Marco/Hurricane Pass complex, Big
Marco/Capri Pass complex, Caxambas Pass, and 10,000
Islands passes, the County shall assume no financial
responsibility for nor will the County allow increasing
or maintaining pass dimensions or configurations beyond
present existing or currently permitted dimensions.
4.79: The County will consider periodic maintenance of
currently altered passes for which it holds
responsibility. Such passes may be dredged for
maintenance every three years as an ongoing program,
with provisions for emergency dredging after major
storms or other events that may cause compromise to the
use of passes. -
4.80: The County shall be in compliance with, and shall
support currently altered pass and navigation channel
dredging and maintenance that is consistent with and
required by State and Federal boating safety and
navigation standards and requirements.
I . -22-
4 . 81: Advisory Boards subject to the requirements of Collier
n County Ordinance 86-41 shall be established for Wiggins
Pass. The purpose of the Board is to advise the Board
of County Commissioners on discretionary matters dealing
with pass funding and maintenance.
4 .82 : Projects presently approved with funding sources
identified and funding available shall be partially
funded by these sources. The Tourist Development Tax
will supplement the long term funding requirements as
identified in the detailed management plans.
•
4.83: Any passes or inlets that are created by a storm or
other natural event, in an area that is greater than
500 ' from a pass or inlet that is identified by name on
a NOAA National Ocean Service Navigation Chart at the
time of adoption of this policy, shall remain as natural
passes, and shall not be altered, dredged, armored, or
otherwise maintained as passes in any condition other
than natural.
4.84: The County shall regulate and support appropriate beach
nourishment projects.
4.85: Priorities for approving proposed beach nourishment
shall be based on the following factors, as listed in
descending order of importance:
1. Preservation of upland real estate.
2. Enhancement of recreational beach area.
3 . Re-creation of naturally compatible systems.
4.86: Properly designed beach nourishment projects shall be
considered as more appropriate for shoreline protection
than shore armoring or other shore hardening methods.
4.87: Monitoring programs for measuring beach profiles of
beach nourishment projects shall be required at minimum
intervals of three, six, twelve, twenty-four, and
thirty-six months after completion of these projects.
Other monitoring programs may be appropriate to
determine the success of beach nourishment projects.
4.8S: Contractors responsible for the design and construction
of beach nourishment projects shall assume the
responsibility for insuring that an appropriate amount
of newly created beach remains on site for an
appropriate length of time beyond the duration of the
project. The appropriate amount shall be specified in
the County's contract with the beach renourishment
n construction firm.
I -23-
4 .89 : Environmental surveys for beach nourishment projects
shall contain, at a minimum, considerations as outlined
in Section 8 of the CZMP (1991) Technical Document.
4 . 90: Emergent or incipient emergent sand bars, except those
in passes which are to be routinely removed as part of
pass maintenance, shall not be used as borrow material
for beach nourishment or renourishment projects.
•
I -24-
RECOMMENDATION 5
The Board of County Commissioners may consider for approval
Programs, Policies, or Regulations that may be implemented in the
management of Collier County's Coastal Zone. Programs, Policies,
or Regulations to be considered may include, but not be limited
to, those listed in the Coastal Zone Management Plan (1991) .
(1) Programs may be considered for approval during strategic
planning review.
(2) Policies may be considered for approval as part of the
Coastal Zone Management Plan (1991) .
(3) Regulations may be implemented as amendments to existing
County Ordinances, or as part of newly developed County
Ordinances, to be considered for approval during required public
hearings.
(4) Information that is relevant to Programs, Policies,
Regulations, or other aspects of the approved Coastal Zone
Management Plan will be offered to the public as part of the
County Environmental Services Division's Public Information
Participation Program.
/''N
/'N
I -25-