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EAC Agenda 06/07/1989 ENVIRONMENTAL ADVISORY COUNCIL AGENDA June 7, 1989 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL V. OLD BUSINESS VI. PUBLIC HEARINGS A. PU-89-4 : Dr. Neno J. Spagna of Florida Urban Institute, representing the North Naples Baptist Church, Inc. ; requesting a provisional use 7 . 10.b. 3 . (a) of the Estates zoning district for a church and related facilities. B. PU-89-5; John Hobart representing WNOG Radio (Palmer Communication, Inc. ) ; requesting a provisional use "i" of the A-2 zoning classification for communication towers. C. PU-89-6: George H. Mellen, of William C. McAnly and Associates, representing Crystal Lake Joint Venture; requesting a provisional use 8 . 10.b for construction of a wastewater treatment plant and a potable water plant. VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA e IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify PLANNING SERVICES (Environmental Review) (643-8470) no later than 5 P.M. on Monday June 5, 1989, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. Please refer to notice on first floor, Building F, for the location of the E.A.C. meeting. C. Items added after agenda was sent out. D. No action since last Council meeting. E. On January 7, 1987 the E.A.C. adopted a policy that any person addressing the E.A.C. on behalf of any organization must present a letter from said organization acknowledging them as a representative empowered to make policy related comments on that subject. ************************************************************* PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** *********** ********** ************************************************************* -2- PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 6/7/1989 Petition: PU-89-4 : Dr. Neno J. Spagna of Florida Urban Institute, representing the North Naples Baptist Church, Inc. ; requesting a provisional use 7. 10.b.3 . (a) of the Estates zoning district for a church and related facilities. Considerations: The property is a rectangular, 4. 6 acre parcel located in the northwest quadrant at the intersection of Oakes Boulevard and 18th Avenue N.W. The property is bordered to the north and west by Estates zoned land, to the east by Oakes Boulevard, and to the south by 18th Avenue N.W. (R26E, T48S, S29) . A site visit was conducted on 25 April 1989 by Keith Edwards of Collier County Planning Services accompanied by Dr. Neno Spagna. The area has been disturbed in the past due to adjacent development and the construction of a drainage canal adjacent to the west boundary of the site. The east half of the site is where the petitioner plans to build the church building and parking areas. This area is open with several slash pines (Pinus elliottii var. densa) and cabbage palms (Sabal palmetto) forming the scattered canopy layer. The shrub and understory layer is dominated by palmetto (Serenoa repens) and the noxious exotic Brazilian pepper (Schinus terebinthifolius) . Associated understory species include scattered individuals of winged sumac (Rhus copallina) , rusty lyonia (Leonia ferruginea) , buckthorn (Bumelia rectinata) and one lancewood (Nectandra coriacea) . Ground cover is dominated by black needle rush (Juncus roemerianus) with penny royal (Piloblephis rigida) and poison ivy (Toxicodendron radicans) . This eastern half has been heavily overgrown with greenbrier (Smilax laurifolia) and especially grape vine (Vitis rotundifolia) . Petitioner plans to leave the western half naturally vegetated and use it for water retention. This half is densely covered with slash pine, which constitutes the canopy layer. Understory species include buckthorn, winged sumac and scattered cabbage palms as well as several Brazilian pepper shrubs and scattered individuals of melaleuca (Melaleuca ctuinquenervia) . The groundcover is the same as in the eastern half, though not as dense. _ I Staff Report PU-89-4 EAC Meeting 6-7-89 Page 2 Recommendations: The property has been impacted due to adjacent development and the proximity of a drainage canal. The area is an impacted pine flatwood. Considering the above, staff recommends approval of petition PU-89-4 subject to the following stipulations: STANDARD EAC STIPULATIONS (No. s 1, 3 ,4 Adopted by EAC on 4/1/87) (No. 2 Adopted by EAC on 12/7/88) 1. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This -- plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the groundcover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of groundcover. For example, the use of 70% native trees could allow the use of only 50% native groundcover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4 . If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. PREPARED BY: �' / �) �� DATE: ST/1 '� '`� Keit. Edw.r s ir REVIEWED BY: `y*'j ✓l j! ' - DATE: 5A/# Kenneth B finski PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 6/7/1989 Petition: PU-89-5; John Hobart representing WNOG Radio (Palmer Communication, Inc. ) ; requesting a provisional use "i" of the A-2 zoning classification for communication towers. Considerations: The property in question is a rectangular, 20 acre site located approximately one mile south of Immokalee Road (CR 846) and one mile east of County Road 951. The property is surrounded by A-2 land (R26E, T48S, S35) . A site visit was conducted on 11 May 1989 by Keith Edwards (Collier County Planning Services) accompanied by Mr. Jim Bailey of Agnoli, Barber and Brundage, Inc. Petitioner requests to construct four communication towers on site. Each tower is 193 . 7 feet tall and stands on a 3 . 0 foot base and insulator for a total height of 196.7 feet. In addition, an unmanned equipment and emergency power building would be constructed on site as well as a dirt road that would extend from an existing dirt road off-site to the equipment building. There are three different habitats on site; two of these would be impacted by construction of the communication towers, equipment building, and dirt road. The habitat that would be most affected is a palmetto area that runs diagonally from southeast to northwest through the middle of the property. Vegetation mostly consists of densely packed palmetto shrubs (Serenoa repens) with scattered slash pines (Pinus elliottii var. densa) and rusty lyonia (Lyonia ferruginea) . The second habitat type that would be affected by this project are two pine flatwood areas, which sandwich the palmetto area. One pine flatwood area is located in the southwest corner while the second area occurs northeast of the palmetto area. The canopy in both is dominated by slash pine while the understory consists mostly of pine and melaleuca (Melaleuca auinquenervia) . The melaleuca is thickest in the southwest and southeast corners of the site. Groundcover is dominated by various graminoids and black needle rush (Juncus roemerianus) . Other groundcover species are swamp fern (Blechnum serrulatum) and broom sedge (Andropogon glomeratus) . Staff Report PU-89-5 EAC Meeting 6-7-89 Page 2 The third habitat type is a cypress area located in the northeast corner of the site. The canopy is dominated by bald cypress (Taxodium distichum) with slash pine and some melaleuca. Understory and shrub layer consists of cabbage palms (Sabal palmetto) , groundsel (Baccharis halimifolia) , and buttonbush (Cephalanthus occidentalis) . The groundcover consists of saw grass (Cladium jamaicensis) , swamp fern, thelypteris fern (Thelypteris spp. ) , and thistle (Cirsium spp. ) . Petitioner is planning to leave the cypress area as is. Recommendations: Considering the above, staff recommends approval for petition PU-89-5 subject to the following stipulations: Standard Stipulations (1, 3 ,4 Adopted by EAC on 4/1/87) (No. 2 Adopted by EAC on 12/7/88) 1. Petitioner shall be subject to Ordinance 75-21 (or the — tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the groundcover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of groundcover. For example, the use of 70% native trees could allow the use of only 50% native groundcover. This plan shall depict the incorporation Staff Report PU-89-5 EAC Meeting 6-7-89 Page 3 of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4 . If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5. The cypress area shall be designated as a preserve area and shall be so noted on all subsequent site plans. PREPARED BY: % . _ ; DATE: REVIEWED BY: rf'',5iFf'.,11,‘W DATE: 5/ l PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 6/7/1989 Petition: PU-89-6: George H. Mellen, of William C. McAnly and Associates, representing Crystal Lake Joint Venture; requesting a provisional use 8 . 10.b for construction of a wastewater treatment plant and a potable water plant. Considerations: The property is a square, 9 . 0 acre parcel located north of the Crystal Lake PUD and approximately one half mile south of Immokalee Road (C.R. 846) and one half mile east of County Road 951 (S26, T48S, R26E) . The property is bordered to the south by the Crystal Lake PUD and to the north, east, and west by A-2 zoned land. A site visit was conducted on 18 May 1989 by Keith Edwards and Barbara Prynoski (Collier County Planning Services) accompanied by Dwight Nadeau of William McAnly and Associates. The area is undergoing a transition from a wetland habitat to a drier, pine flatwood habitat. This drying has probably been caused by the quarrying activities in the Crystal Lake PUD with the subsequent creation of a lake. Canopy is dominated by slash pine (Pinus elliottii var. densa) , bald cypress (Taxodium distichum) , and melaleuca (Melaleuca quinquenervia) . The understory is sparse throughout the site but is dominated by young slash pines and melaleuca. Associated understory species include wax myrtle (Myrica cerifera) and scattered individuals of red bay (Persea borbonia) , dahoon holly (Ilex cassine) , buckthorn (Bumelia rectinata) , and lancewood (Nectandra coriacea) , The ground- cover is dominated by grasses and sedges with scattered patches of saw grass (Cladium lamaicensis) , and swamp fern (Blechnum serrulatum) . Grape vine (Vitis rotundifolia) also occurs in the groundcover. The quill-leaf epiphyte (Tillandsia fasciculata) does grow on the remaining cypress trees. The species is listed as threatened by the Florida Department of Agriculture (FDA) . The northern one-fifth of the site is a palmetto dominated habitat. Canopy trees are very scattered throughout this habitat, consisting of slash pines. The understory layer is dominated by palmetto (Serenoa repens) . Other understory species include rusty lyonia (Lyonia ferruginea) , dahoon holly, and one red bay. Groundcover is scattered amidst the palmettos and consists of grasses, bracken fern (Pteridium aquilinum) , and poison ivy (Toxicodendron radicans) . Staff Report PU-89-6 EAC Meeting 6-7-89 Page 2 Recommendations: The lower four-fifths of the site has been heavily invaded by melaleuca probably due to the draw down of the water table by the adjacent Crystal Lake quarry operation. The area can probably be best described now as a pine flatwood infested with melaleuca. Considering the above, staff recommends approval for petition PU-89-6 subject to the following stipulations: 1. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the groundcover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of groundcover. For example, the use of 70% native trees could allow the use of only 50% native groundcover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. Staff Report Pu-89-6 EAC Meeting 6-7-89 Page 3 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4 . If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. EAC STANDARD STIPULATIONS (No.s 1, 3 , 4 Adopted by EAC on 4/1/87) (No. 2 Adopted by EAC on 12/7/88) 5. Where feasible, petitioner shall transplant the quill-leaf epiphytes (Tillandsia fasciculata) from the areas to be developed to suitable habitat on site. PREPARED BY: DATE: Keit. Edw. r_, c/ REVIEWED BY: L ' i� ,. DATE: a Kenneth Ba•,i nski i ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 ITEM: MINUTES OF APRIL 19, 1989 MOTION: Made by Mr. Addison to approve the minutes of April 19, 1989. Seconded by Mr. Turrell. Carried unanimously. ***** ITEM: ADMINISTRATIVE APPROVALS FOR PU-89-3C AND R-89-1C COMMENTS: There were no questions or comments regarding either proposed administrative approval for Petition PU-89-3C, Todd Turrell, P.E. , representing Phillip O' Connor of Brookside Marina or Petition R-89-1C, George H. Mellen, of William C. McAnly and Associates, representing GMA Development Corporation. ***** PETITION NO. R-89-4C FILED BY/FOR: Robert Duane of Hole, Montes & Associates, Inc. , representing Laurence A. Mullins REQUESTING: A zoning change from A-2 to PUD for a shopping center (The Shoppes at Santa Barbara) . REPRESENTED BY: Robert Duane of Hole, Montes & Associates COMMENTS: Mr . Duane indicated that this property is located on the northeast corner of Santa Barbara Blvd. and Davis Blvd. which consists of approximately 18 acres and 100, 000 square feet of retail space. He noted that the site has been previously cleared and is currently in agriculture production. He stated that he concurs with Staff in regards to the area having been heavily impacted due to past clearing. He indicated that he agrees with the two standard stipulations . Environmental Specialist Edwards stated that the northern 2/3 of the property is an existing citrus farm which consists of citrus trees . He stated that the southern 1/3 of the property has been cleared and consists of early successional distur- Page 2 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 bance species including dog fennel, common reed, and other graminoids, ragweed and Caesar weed. He indicated that no wildlife was noted on site, adding that due to the heavy impact and past clearing, Staff recommends approval of Petition R-89-4C subject to standard Stipulations #3 and #4 . There was a general discussion regarding including Stipulation #2 and Chief Environmental Specialist Burch stated that it may be appropriate for the EAC to include this stipulation as it would include planting native species. Ms. Kurgis questioned if the petitioner has any problem with including standard Stipulation #2, to which Mr. Duane replied negatively. SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr. Addison to recommend approval of Petition R-89-4C subject to the stipulations indicated below. Seconded by Mr. Turrell. Carried 3/0. STIPULATIONS: 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number , including trees, shrubs, and ground cover . At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover . For example, the use of 70% native trees could allow the use of only 50% native ground cover . This plan shall depict the incorporation of native species and their mix with other species , if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat charac- teristics lost on the site during construction or due to past activities. Page 3 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from deve- lopment areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4. If , during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is disco- vered, all development at that location shall be imme- diately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated con- sultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. ***** PETITION NO. PDA-89-7C FILED BY/FOR: Charles E. Turner of Westinghouse Communities of Naples, Inc. representing Collier County Community Development Division and Westinghouse Communities of Naples, Inc. REQUESTING: Master Plan and document language amendments to the Pelican Bay PUD document. REPRESENTED BY: George Varnadoe of Young, Van Assenderp, Varnadoe & Benton COMMENTS: Attorney Varnadoe stated that the Petitioner is Westinghouse Communities of Naples, Inc. who is the developer of Pelican Bay, adding that this Petition is a clean-up matter to effectuate changes that the BCC approved in a Development Order amendment to Pelican Bay PUD which also requires a PUD amend- Page 4 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 ment. He noted that this item concerns the move- ment of the neighborhood commercial parcel to another area which was existing community commer- cial and is now being moved to another location which will be commercial, and the residential Group 2 property will be moved. He indicated that the intensity of activity in terms of acreage remain the same but the uses are being flip-flopped. He noted that Pelican Bay is a DRI and when it was originally approved in 1977, the environmental aspects were the major concern of Collier County. He stated that the final Development Order and PUD committed Pelican Bay to dedicate 570 acres to the County for preservation. He stated that he has worked with Staff with regards to the additional concerns and stipulations with reference to the activity center which is where the most intense development will be located. He noted that this activity center will be in the northeast corner of Pelican Bay or southwest of the intersection of Vanderbilt Beach Drive and U. S. 41 . He indicated that he has a few changes to the stipulations which he would like to discuss . Environmental Specialist Edwards stated that the .-� area to be rezoned from neighborhood commercial to Group 2 residential is located on both sides of Gulf Park Drive and adjacent to U. S. 41, noting that the habitat in this area is entirely xeric scrub and the canopy consists of slash pine which are widely spaced. He noted that the understory and shrub is dominated by scrub oak, palmetto, rosemary, rusty lyonia and paw paw. He noted that the groundcover is dominated by various sedges and grasses and in many areas there is a blanket of lichen covering the ground. He indicated that prickly pear cactus is also scattered throughout the site. He stated that the area south of Gulf Park Drive is smaller than the area to the north, but contains the same vegetative components, but there are open portions of sand in the southern area which was not found in the area north of Gulf Park Drive. He stated that the canopy consists of slash pine with the understory and shrub species being the same as in the area north of Gulf Park Drive. He stated that in addition, there is also species such as penny royal, blackroot and St. John' s Wort as well as Spike moss. He noted that there are also several small active gopher tortoise .-� Page 5 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 burrows that were found in the northern area. He reported that the area in the northeast corner of Pelican Bay involves enlarging the community com- mercial district and a portion of this area extending from Vanderbilt Beach Road to the southern border of this area and west approximately 100 feet from U.S. 41 has been cleared of large portions of the shrub and groundcover , leaving scattered vegetation islands which consist of one or two slash pines and/or oak trees with palmetto or rosemary understory. He noted that cat brier and love vine widely occur in these areas and gopher apple appears to be colonizing portions of the cleared area. He noted that the oak trees are covered with several species of epiphytes including spanish moss, quill-leaf, and several of the wild pines. He stated that the quill-leaf and two of the wild pines being Tillandsia setacea and Tillandsia utricularia are listed as protected spe- cies by the Florida Department of Agriculture. He noted that the remaining portion of the site is xeric oak habitat and the canopy is dominated by scrub oaks with scattered slash pines and the shrub layer consisting of rosemary, palmetto, rusty lyonia, and buckthorn. He noted that the ground- cover consists of gopher apple, graminoids, selagi- nella, lichens, St. John' s Wort, and prickly pear cactus. He noted that the oak trees are densely covered with tillandsoid epiphytes . He indicated that on his first visit he found four abandoned gopher tortoise burrows but on a subsequent site inspection, he found several active burrows on site. Mr . Edwards indicated that several archaeological sites were located in this northeast parcel, but only one site (8CR687) was determined by the archaeologist and the Division of Historical Resources to be potentially eligible for listing in the National Register of Historic Places. He noted that Staff would prefer that the site be preserved, but if this is not feasible, Staff concurs with the Division of Historical Resources that the site should be further excavated so that a determination of its significance could be made prior to any construction activity. Mr . Edwards stated that the two areas to be rezoned are good examples of xeric oak habitat, especially Page 6 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 the area in the northeast corner of Pelican Bay. He indicated that Staff is concerned with the increasing loss of this habitat due to development and the effects that this continued loss will have on the native flora and fauna that utilizes this habitat. He noted that Staff is recommending approval of this petition subject to the standard stipulations, but after discussion, Staff agrees with the petitioner that Stipulation #4 should be deleted. Ms. Kurgis questioned how this vegetation compares with other sites, to which Mr . Edwards stated that the xeric oak habitat in the northeast corner is a better example of this habitat than the habitat found along the Gulf Park Drive areas. In answer to Ms. Kurgis, Mr . Edwards stated that the northeast corner is approximately 60 acres and Mr . Varnadoe indicated that the other area is approximately 21 acres. Mr . Varnadoe indicated that there would be a total of 50 usable acres . Ms. Kurgis questioned how much of the 50 acres would be the xeric scrub oak area, to which Mr . Varnadoe stated that the scrub oak is scattered throughout the area and is typical of this area . Mr . Varnadoe stated that with regards to Stipulation #4 , this has been taken care of and there is a site that needs further investigation which is covered by language in revised Stipulation #8 which was presented to the members. He noted that this revised language would replace Stipula- tion #8 and, Stipulation #4 should be deleted. In answer to Ms. Kurgis, Mr . Varnadoe referred to a conceptual drawing noting that some of the scrub oak will be preserved. He noted that everything will be worked out during the site plan process in order to preserve as much as possible. Mr . Varnadoe stated that he would like revised Sti- pulation #8 to replace the original Stipulation #8 and delete Stipulation #4 . He noted that there was no problem with Stipulation #5 and Stipulation #6 has been condensed and revised which indicates that the Petitioner will comply with the Comprehensive Plan with regards to the gopher tortoises, but Page 7 ^ ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 first a survey will be conducted and if there is any relocation, it will be done in accordance with the Florida Game and Freshwater Fish Commission regulations. He noted that with regards to Stipu- lation #7, Mr . Edwards has new language proposed. Mr . Edwards stated that this language was developed after several consultations between Ms. Cacchione, the Petitioner , and himself. He noted that this language will protect and preserve, to the extent possible, the scrub oak habitat in the northeast area . Mr . Addison stated that he would like to see these xeric scrub areas as contiguous as possible, to which Mr . Varnadoe stated that he understands that this is the goal and the language in the stipula- tions will help to do this. Mr . Turrell questioned the parking lot elevations in comparison to the existing elevations of the xeric scrub, to which Mr . Turner stated that this area has some of the highest elevations in Pelican Bay, adding that there will not be any excessive fill brought into these areas. He noted that the .� parking lots will be virtually at existing grade and the run-off can be directed away from the vege- tative islands. Ms. Kurgis stated that she has concerns with regards to the acreage that is being swapped from the residential area to the commercial area. Mr . Varnadoe stated that there is 26 existing Commercial acres in the northeast corner and when this project is done, there will be 50 . 2 acres . Ms. Kurgis stated that if this area is flip- flopped, there is a difference of about five acres and questioned if these five acres could be used as a preserve, to which Mr . Varnadoe stated that it would actually be 24 acres that would be usable. He noted that the County will be better off by leaving the language as it is because when the field work is done, there may be more than 3 acres left for a scrub oak preserve. Mr . Edwards stated that by going through the SDP, more habitat may be able to be saved. ^ Page 8 1 ^ ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 Mr . Varnadoe stated that he has worked with the Staff on this matter and with Stipulations 1 , 2, and 3 remaining, deleting 4, leaving Stipulation 5 as is, and rewording 6, 7, and 8, he does not have a problem. Ms. Kurgis questioned if it is necessary to include a stipulation concerning the water run-off from the parking lots? Mr . Turrell stated that there could be something included at the end of Stipulation #7 that states: "Stormwater run-off should be directed away from the preserved scrub oak habitat. " MOTION: Made by Mr. Turrell to recommend approval of Petition PDA-89-7C, subject to the stipulations indicated below. Seconded by Mr. Addison. Carried 3/0. 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings , lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2. Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number , including trees , shrubs, and ground cover . At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover . For example, the use of 70% native trees could allow the use of only 50% native ground cover . This plan shall depict the incorporation Page 9 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat charac- teristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from deve- lopment areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4 . Deleted 5 . In accordance with policy 6. 5 . 1 of the Growth Management Plan the petitioner shall utilize "xericscape" principles to landscape the Group 2 residential areas on the north and south sides of Gulf Park Drive and in the Community Commercial District situated in the northeast corner of Pelican Bay. 6 . Petitioner shall conduct a gopher tortoise survey in accordance with the criteria established by the Florida Game and Freshwater Fish Commission (FGFWFC) on the Community Commercial and Neighborhood Commercial Districts. Petitioner shall comply with Policy 7. 3 . 5 of the Conservation Element of the Growth Management Act and the regulations of the FGFWFC concerning the reloca- tion and protection of any6 gopher tortoises found on the sites. 7. Petitioner shall , to the maximum extent practicable, avoid removal of xeric oak habitat in the following areas: a) parcel boundaries; b) rights-of-way; c) parking lot islands; and d) other areas where the remo- val of existing xeric oak habitat is not necessary. Petitioner shall try, where feasible, to keep these undisturbed xeric oak habitat parcels as a contiguous area. The exact size and location of these protected xeric oak habitat areas shall be agreed to between the petitioner , the contract owner of the commercial par- cels, and the environmental staff of Collier County prior to approval of any SDP in the Community Commercial Page 10 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 District. The protected areas shall then be surveyed and designated on all site plans. Protective barriers shall be erected around the perimeter of the undisturbed xeric oak habitat areas during construction to prevent disturbance of the xeric oak habitats. Petitioner shall incorporate the remaining xeric oak habitat into the "xericscape" landscaping plan. This shall call for transplanting the scrub oak trees from areas to be deve- loped to suitable areas within the Community Commercial District. If feasible, petitioner shall also transplant the existing rosemary and other shrubs from the proposed development areas to the same suitable areas. Petitioner shall establish deed restrictions for the Community Commercial District that will protect the xeric oak habitat areas that are to be protected and the oak trees, and any xeric shrubs that can be transplanted, that are to be transplanted and incor- porated into the landscaping plan. Stormwater run-off should be directed away from the preserved scrub oak habitat. 8 . Petitioner shall conduct Phase II test excavation on archaeological site 8CR687 in coordination with the Florida Division of Historical Resources, as noted in the Cultural Resource Assessment Survey of the Pelican Bay development site written by Piper Archaeological Research, Inc. , dated February, 1989 . A determination of significance shall be made during the Phase II test excavation. The site shall be professionally mitigated and significant archaeological information shall be retrieved and donated to a permanent curatorial facility or museum in Collier County. Petitioner shall report to the Florida Division of Historical Resources upon completion of the Phase II test excavation and copy County Staff. No development activity shall occur on site until receipt of written approval from the Division. The report generated by the excavations shall be reviewed and approved by the Florida Division of Historical Resources. A copy of the report shall be forwarded to County Staff . ***** ITEM: PRESENTATION BY CHARLES COURTNEY REGARDING HORR'S ISLAND/BARFIELD BAY APPROVAL OF NATURAL RESOURCE BASE DATA AS REQUIRED BY ORDINANCE 84-42 Page 11 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 COMMENTS: Mr . Charles Courtney, representing Key Marco Development with regards to Horr ' s Island, stated that his history with this project goes back 17 years when he used to work for Deltona Corporation as President of their subsidiary, Applied Environmental and Engineering Sciences. He noted that he also participated in the settlement agreement between the State of Florida and Deltona Corporation wherein approximately 15 , 000 acres of rare, unique, and endangered estuarine lands were transferred to the State of Florida in return for development rights. He indicated that after appro- val of the settlement agreement, the Deltona Corporation went through the Corps of Engineers EIS process and the Federal Government and at the end of that period they had secured all their required permit approvals from the State and Federal levels. He stated that at the local level, they were required to come back for site plan review. Mr . Courtney indicated that the PUD has a number of conditions that prompted the Developer to be concerned with doing a natural resources inventory prior to the development of the site plan which is why he is before the EAC this date. He stated that .-� the report is intended to satisfy specific PUD con- ditions which are in paragraphs Bl (f) and (g) which calls for an analysis and vegetational survey and particularly paragraphs B (h) through (o) which required a vegetational survey of RUE areas where unique and endangered vegetation exist as being the basis for final site and drainage plan approval . He referred to the report, noting that Page 6 describes the methods that were used for the study; Page 7 describes the procedure for doing the analy- sis of the vegetation. He indicated that when uni- que and endangered vegetation was located, it was flagged and bush-hogged around it at which time barricades were established so that future activi- ties would not infringe upon it. He noted that in a few cases , there is a traverse line that goes through the RUE area . He noted that after the vegetation was located, the surveyors established topography and there is now a good contour map of the Island. He noted that the end result that included all the inspections is a map of the vege- tative communities, adding that there are about 131 species as indicated on Page 10, Table I , of the report. He noted that about 15 of these make up Page 12 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 the basic RUE community. He noted that Page 13 of the report begins the various communities that are on the Island and there are fairly distinct breaks between the different communities and they seem to relate to areas that have been occupied and inten- sively farmed historically on the Island; they related horizontally and vertically to the topography of the island and the type of soils on the Island. Mr . Courtney noted that the mangrove community is the dominant community around Horr ' s Island which is typically a red mangrove fringe and mixed forest but closer to the uplands of the Islands, it is mostly impounded black mangroves. He indicated that because of the unique topography of the Island and the steep gradations, there is upland commu- nities adjacent to the red mangrove areas. He stated that inland from this community, there is a lower slope community which is one of the few com- munities on the Island that is as it was before Captain Horr lived there. He indicated that the lower slope community generally extends inward about 20 to 30 feet from the edge and is very distinguishable on aerial photographs because of the line of cabbage palms that seem to line up with. the innermost edge. He stated that there are some fairly large oak trees at the edge also. He indi- cated that the canopy in this community includes the yellow knicker , the australian pine, seagrape, coconut palms, variety of shrubs, and cabbage palms. He reported that some places on the island in the low areas, coco plants have become dominant. He noted that the intermediate slope community is just below the canopy top of the mangroves around the perimeter of the island and the wind effect coming over the mangroves, probably leaves this area in a void. He stated that this intermediate slope community is basically forest which is domi- nated by bay trees with some live oak and cabbage palms, adding that there is a lot of palmetto in this area. He noted that the other community asso- ciates include buckthorn, green briar , sumac, etc. He stated that another community on the island is cabbage palm clusters. Mr . Courtney noted that the most dominant category that he found is the disturbed second growth com- munity which includes representatives of the other Page 13 .-� ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 communities. He stated that the water lens is pretty far down relative to the plants, which is what controls the limitation of vegetation. He indicated that another community is the low oak scrub and this area is different than the other communities because they do not have a lot of species that are typical of a scrub oak community, adding that the graminoid grasses are not very prevalent. He stated that the final type of communities are the RUE areas and in those areas, the dominant canopy layer includes the gumbo limbo, naked wood, satin leaf and a variety of stoppers in the scrub layer . He noted that there was represen- tatives of the southern lip fern and one of the iguana hack berry which is the only known location in Florida for this species. He indicated that Page 17 of the report refers to the transplanting and cultivation of the materials. He stated that with regards to the archaeological resources, all the historical sites have been located. He indi- cated that most of these sites will be dug and excavated, adding that the site on the western end of the Island has been determined that it is not a site and the historic site on the eastern end of the Island has been given away by Deltona Corp. Mr . Courtney noted that in the fall, Phase III of the investigation will begin, adding that a lot of problems in the area were due to access to the site. He indicated that the County has a require- ment that these investigations be done but there is no way to complete them until there is access by way of the bridge, adding that the investigation will be completed at the same time as the site plan development. Mr . Courtney indicated that an extensive gopher tortoise survey was done on the Island and they located all the active and inactive holes. He stated that there will be a plan for dealing with them, adding that there are plenty of places that will not be developed within the site so they can be relocated. He noted that he is also looking at off-site relocation. He indicated that there are 106 holes which means that there may be about 60 gopher tortoises. He noted that this will be brought back for review again when the site plan development process is completed, adding that in some of the conditions of the PUD there is a Page 14 ^ ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 conflict with some of the conditions of the settle- ment agreement. He noted that the County has to be sure that the requirements are met and that the conflicts are resolved by the County supporting the applicant in some cases to achieve the County' s objectives. He indicated that this is the reason for the presentation, adding that he wanted to give the EAC the details to date as to what has been done prior to developing the plan. He noted that one conflict could be the location of the bridge, adding that there is only one place that the bridge can come onto Horr ' s Island. He stated that the location is in the settlement agreement, but there is RUE vegetation in this area also and if the drainage for the bridge is allowed to go off the bridge directly by dropping into the water , some of that RUE vegetation at the base of the bridge may be saved. He stated that there is a conflict bet- ween drainage retention and RUE vegetation. He noted that there are provisions in the PUD that would allow the County to support the applicant in his desire to have water management requirements released or the County can revert back to the settlement agreement requirements that stipulates what kind of water management system will be put in. He noted that this cannot be determined until the site plan is completed. He indicated that this is simply fulfilling some of the PUD obligations and he is requesting that this presentation be accepted. MOTION: Made by Mr. Turrell to accept the report as presented. Seconded by Ms. Kurgis. Carried unanimously. ***** PETITION NO. PDA-89-3C FILED BY/FOR: Donald Pickworth of Asbell , Hains , Doyle, and Pickworth, representing Pine Ridge Partners, Ltd. REQUESTING: Document language and master plan amendments to The Falls of Naples PUD REPRESENTED BY: Attorney Donald Pickworth COMMENTS: Mr . Pickworth stated that the stipulations suggested by Staff have been incorporated into the Page 15 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 PUD and he has no problems with them. He indicated that the residential portion of the project is not included and will be started in the near feature. Environmental Specialist Edwards stated that this area was cleared approximately 15 years ago and the present vegetation consists of disturbance species , exotics and secondary growth. He stated that the canopy species includes secondary growth of slash pine, and the noxious exotics melaleuca, and Australian pine. He indicated that melaleuca is the dominant canopy species, becoming thick in the northwest corner of the site, and the understory and shrub species are scattered throughout the site, with no one species being dominant. He noted that native understory species include scattered individuals of wax myrtle, saw palmetto, and dahoon holly. He noted that exotic understory species include ear-leaf acacia, Brazilian pepper , and downy rosemyrtle. He stated that groundcover is dominated by various graminoids and sedges and other common groundcover species include black needle rush, bracken fern, and yellow colic root, as well as love vine and cat brier . He stated that no wildlife was noted on site. He concluded that since the site has been impacted and is dominated vegetatively by exotic and early successional , disturbance species, Staff recommends approval sub- ject to standard Stipulations #1, #3 , and #4 and Stipulation #2 as adopted by the EAC on 12/7/88 . Ms. Kurgis stated that on the document changes, the commercial acreage is being increased from 11. 2 to 15 acres which is an additional 3 acres, and then the lake system is being reduced from 6 acres to 3 acres which is another 3 acres. Mr . Pickworth stated that the lake area is in the residential part of the project and will not be commercial acreage. He noted that the lake was an amenity and was bigger than what was necessary. Ms. Kurgis questioned what the 3 acres in the reduction of the lake would be used for, to which Mr . Dan Brundage of Agnoli , Barber & Brundage stated that it will be used for dry retention. Ms. Kurgis stated that she has a problem with changing the language to allow a minimum landscape buffer of 5 feet on the outparcels. Page 16 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 Mr . Pickworth stated that the original PUD provided for a 25 foot buffer all the way around and there were no outparcels in the original PUD. He stated that in restructuring the development, the decision was made to add outparcels. He stated that it is important to have the visibility at the outparcels which is why they are asking for the reduction in the landscape buffers. He stated that this has been a subject of on-going discussion between the petitioner and the Planning Staff and he does not know if there will be a compromise on this issue or not. He stated that he feels that there is strong justification for having either reduced or no buffer at the outparcels which represents a small percentage of the total project. Ms. Kurgis questioned if the buffer area will be used for drainage, to which Mr . Pickworth stated that there is a dedicated 15 foot drainage ease- ment. Mr . Brundage stated that the retention is being taken care of by the lake. Ms. Kurgis stated that she would like to see an added stipulation that if the lake size is reduced, that acreage would be incorporated into the reten- tion area. She stated that she is not comfortable with a five foot setback on the outparcels. Mr . Pickworth stated that there is room to change the buffering, but a compromise has not been reached at this point. Ms. Kurgis stated that an average of a 25 foot buffer could be used around the perimeter of the commercial area, adding that some could be 35 feet and some could be 15 feet and this could be worked out with NRMD and flagged. Mr . Pickworth stated that he would be willing to look at this as there are areas where they could increase it more than 25 feet to accommodate for the areas that would be less than that. Mr . Brundage stated that with regards to a stipula- tion concerning the reduction of the lake, the water management plans have been designed and approved. He noted that the large open spaces around the buildings are being shaped and contoured for dry detention areas. Page 17 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Ms. Kurgis to recommend approval of Petition PDA-89-3C with the stipulations as indicated below. Seconded by Mr. Turrell. Carried unanimously. STIPULATIONS: 1. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . �-. 2. Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60o native plants, by number , including trees, shrubs, and ground cover . At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover . For example, the use of 70% native trees could allow the use of only 50o native ground cover . This plan shall depict the incorporation of native species and their mix with other species , if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat charac- teristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from deve- lopment areas, open space areas, and preserve areas . Page 18 ENVIRONMENTAL ADVISORY COUNCIL MAY 17, 1989 Following site development, a maintenance program shall . be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4 If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is disco- vered, all development at that location shall be imme- diately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated con- sultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5 . There will be a minimum average landscape buffer of 25 feet for the commercial development area. This can be adjusted according to landscape design as long as a minimum average of 25 feet is maintained and is subject to review and approval by the NRMD. ITEM: ADDENDA - USER'S GUIDE COMMENTS: Mr . Addison stated that he found out the User ' s Guide is in the process of being revised and someone should make sure that there is a revision indicating that the Petitioner ' s need to go before the WMAB and the EAC as a matter of course during the review process. DISCUSSION: There was a general discussion regarding the absence of Mr . Patrick Neale and Staff was instructed to find out why he is not present at meetings or does not call to indicate that he will not be present. Mr . Turrell stated that this meeting and the last meeting no one was aware that Mr . Neale was not coming to the meeting. Ms. Kurgis stated that it is required in the ordi- nance that if a member cannot make a meeting, he is to inform the Staff. Page 19 ENVIRONMENTAL ADVISORY COUNCIL MAY 17 , 1989 There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COUNCIL Sharon Kurgis, Chairman 1 Ii Page 20