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EAC Agenda 10/16/1991 I I ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 16, 1991 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. PU-91-18: 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 a communication tower West 1/2 of Tract 54 Golden Gate Estates, Unit 23 , S27, T48S, R27E. 2 . PUD-83-45 (1) : Richard Vetter, representing West Coast Development Corporation; requesting a PUD Amendment to "Westview Plaza PUD". V. OLD BUSINESS VI. PUBLIC HEARINGS A. PU-91-16: Robert W. McClure of Conklin Point Development Corporation, requesting a provisional use "d" of RT zoning for recreational facilities & clubs not accessory to principle use. B. PU-91-15: David S. Wilkison, P.E. of Wilkison & Associates, Inc. , representing Florida Cellular RSA Limited Partnership; requesting a provisional use per Section 8. 10 of A-1/ACSC/ST zoning for a communication tower. C. R-91-8/PU-91-14 : George L. Varnadoe, Esq. of Young, van Assenderp, Varnadoe and Benton, P.A. , representing Highway Pavers, Inc. ; requesting a zoning change from A-1MH to A-2 for an addition to the existing Shady Hollow project and provisional use "b" of A-2 zoning for earth mining and related processing. VII. NEW BUSINESS 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 October 14, 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. ********** *********** ********** ************************************************************* MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE : August 21 , 1991 TIME: 8 : 45 A.M. PLACE : 3rd Floor Boardroom, Building "F" , Collier County Government Center , Naples, Florida EAC STAFF PRESENT Martin X Mulhere X Brown EXC Prynoski X Turrell X Polen X Addison X Howell X Neale EXC Reischl X MINUTES BY: Wanda B. Arrighi , Deputy Clerk CALLED TO ORDER AT : 8 : 45 A.M. ADJOURNED: 11 : 25 P.M. PRESIDING : David Addison, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES : June 19, 1991 Page 1 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 STIPULATIONS: 1 . Petitioner is subject to Ordinance No. 75-21 , as amended, or the vegetation removal ordi- nance in effect at the time of the final land development order . 2 . Prior to the preliminary site plan approval , Project Review Services Environmental Staff shall (a) 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) as a consequence of said contact with FGFWFC, obtain a Bald Eagle Management Plan or a FGFWFC letter of no concern. ***** PETITION NO. PU-90-31 FILED BY/FOR: Dan Johnson of Gee & Jenson representing the Board of County Commissioners REQUESTING: A provisional use "b" of RO zoning district for a boat launching facility (Conklin Point) . REPRESENTED BY: Dan Johnson COMMENTS: Mr. Johnson stated that the proposed site is 7 . 3 acres located on the west side of Vanderbilt Drive, bordered on the north by the Wiggins Pass Marina, and on the south by the Cocohatchee River . He noted that the County has recently acquired the subject site for a boat launching facility. He explained that although the present zoning is "RT" is is planned to be rezoned to "RO" . In response to Dr . Martin, Mr . Johnson remarked that in regards to stipulation number 5 , a fueling facility is currently being planned. He indicated on a display map where the fueling facility is pro- posed to be located on the site. He advised that drainage and water retention will be provided elsewhere on the site to compensate for the present swale where the parking lot is to be . He related that there will be very minor dredging required. Mr. Turrell suggested that an environmentally safe boater display be located at the subject site. Page 3 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 MOTION: Made by Mr. Turrell , seconded Dr. Martin and carried 3/0, to approve PU-90-31 , subject to staff 's stipu- lations and one additional stipulation, as follows: STIPULATIONS: 1 . Prior to preliminary site plan approval peti- tioners shall submit a letter of no objection from the Florida Game and Fresh Water Fish Commission regarding wildlife concerns, speci- fically the bald eagle. Should wildlife con- cerns exist , appropriate protective measures shall be incorporated into the site plan review process. 2 . The petitioner shall propose manatee protec- tion measures, such as educational displays and precautions to be taken during the construction process and incorporate said pro- tection 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. 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 equip- ment and contain spills that may occur in the water . 6 . A permanent sign will be erected which relates to educating the user public on environmen- tally sound boating practices with respect to proper disposal of trash, fishing line, oil , etc . ***** PETITION NO. PU-91-12 FILED BY/FOR: Mark Lamoureux, P.E. of M.L.E. , representing Florida Cellular R. S.A. , Ltd. Par . Page 4 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 REQUESTING: A provisional Use "b" of 8 . 10 for a Communication Tower REPRESENTED BY: Mark Lamoureux COMMENTS: Mr . Lamoureux explained that the petition request is to allow the construction of a cellular com- munication tower on a five acre tract, adjacent to the and east of the County landfill site . He requested that at this time no preserve are be designated as requested in stipulation 1 because of the mitigation that will be required by DER and the Corps of Engineers. He informed that there are no other problems with the stipulations. Environmental Specialist Reischl agreed with removing stipulation number 1 providing the pro- perty will use for mitigation by the other agen- cies . Dr . Martin noted that the subject site has numerous small cypress trees and suggested that some sort of mitigation be addressed regarding these trees; if not for this petition, then for future ones. MOTION: Made by Dr. Martin, seconded by Mr. Turrell and carried 3/0, to aPprove Petition PU-91-12 , subject to staff's stipulations, as follows: 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 . ***** PETITION NO. PUD-89-15( 1 )/SMP-91-13 FILED BY/FOR: 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 . Page 5 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 REPRESENTED BY: Dwight Nadeau of William C. McAnly & Associates COMMENTS: Mr . Nadeau explained that since the original PUD was approved one year ago, more open space has been requested to be provided in the subject project by the Army Corps of Engineers. He advised that the open space has been increased by 40 acres, and the preserve areas designated in the original PUD were retained. He acknowledged that the petitioner is in agreement with all the stipulations with the exception of stipulation 1 . f in the staff report . He provided a copy of the petitioners language for this stipulation to the council members, and noted that staff has reviewed and agreed to it ( language not provided for the record) . He also provided to the Council Members a copy of the DER' s acceptance of the petitioners proposal to work in the Deltona Settlement Agreement , as well as a letter from the Corps of Engineers indicating their acceptance of the transfer of permit from Deltona to Misty Harbor, Inc. (not provided for the record) . He acknowledged that they are working with the Collier County Conservancy. Environmental Specialist Reischl confirmed that staff has no objection to the proposed change in stipulation 1 . f in the staff report . He informed that the new language specifies the literal zones to be on the northern most lake which is out of the Deltona Settlement area and was the intent of staff ' s stipulation. Bill Brennan with the Conservancy stated that the subject property is characterized as a hydric pine flat wood and in the center there is a cypress head of approximately two acres. He added that the Corps of Engineers also agree with this finding. He explained that when the South Florida Water Management District (SFWMD) did a pre-application site visit two years ago, it was a drought year which made the property appear much dryer than what it is. He pointed out that the final applications have not been submitted according to the SFWMD. He assessed that the subject property should not be developed. He suggested that the EAC write a letter to the SFWMD requesting that they deny a permit to develop within their water management capability. He emphasized that the Conservancy is unanimously opposed to the proposed project . Page 6 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 Dr. Martin noted that the Environmental Impact Statement submitted is dated 1988 , and he confirmed that the site is wetter than "moderately well drained" as was stated in the information submitted to the council . Mr. Addison pointed out that as an employee of the Conservancy he cannot vote on this issue which does not leave a quorum to vote today on the petition; however, suggested that the petition continue to be heard. Mr. Brennan advised that he has not discussed his comments with Mr . Addison because of the conflict of interest problem. Dr . T . J. Smith, a research coordinator for the Rookery Bay National Estuary Preserve, provided an unidentified letter (not provided for the record) to the council members. Dr. Smith confirmed that he has waded through the property, and concluded that it is extremely wet . He advised that the wetland jurisdictional boundaries were drawn during a drought , and he does not feel that they ade- quately reflect the true nature of the wetland character of the property. He informed that the project lies within 1000 feet of the boundary of the Rookery Bay National Estuary Research Preserve. He explained that they do have concerns regarding the disposal of waste from the property, the irri- gation for landscaping, the pesticides and fer- tilizers used for the upkeep of the golf course, etc . , and do not feel that this will be a good development for the property. He related that they will be notifying the SFWMD regarding their con- cerns. Mr. Nadeau pointed out that in paragraph 6 of the Deltona Settlement Agreement it specifically states that , "the applicant shall not be required to sub- mit information or data with respect to the suita- bility of the land for the proposed use or information or data with respect to the environmen- tal impacts related to the subject proposed use, " which allows the SFWMD to review the project based upon the engineering detailed drawings attached to the settlement agreement . He agreed that the Conservancy does have the opportunity to review the proposed development based upon the conditions in Page 7 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 paragraph 6 . He noted that the environmental staff did review the site, and when the rezoning was addressed, staff followed the SFWMD jurisdictional boundaries. He stated that he cannot see how con- cerns for this 146 acres would effect or challenge a document that provided for 11 , 000 acres of pre- servation land in 1982 . Mr . Addison commented that the petition will need legal review and will need to be addressed at the September, 1991 , EAC meeting. Mr. Turrell concurred with Mr. Addison and suggested that the petitioner submit any requested information to the Conservancy. He noted that the petitioner needs to work with the Conservancy and resolve the concerns that have been related. Dr . Martin commented that with data still being researched on the impact of electromagnetic fields, he suggested that the petitioner provide infor- mation on whether there is a concern regarding the proposed recreation area on the subject property. ***** *** Recessed: 9:50 A.M. - Reconvened: 10:05 A.M. *** ***** PETITION NO. PUD-87-48(1 )/SMP-91-8 FILED BY/FOR: Alan D. Reynolds, AICP of Wilson, Miller, Barton & Peek, Inc . , representing Southampton Development Corp. REQUESTING: A PUD Amendment and Subdivision Master Plan appro- val for "Southampton @ Naples" REPRESENTED BY: Alan D. Reynolds 1 COMMENTS: - - - - - --- amellCom it L "Southampton PUD" , and the companion is an SMP. He commented that the subject property is 113 . 5 acres and is located south of Immokalee Road and west of Airport Road. He advised that the approved PUD is residential with a golf course. He described the modifications to the original PUD to include the 1 Page 8 1 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 relocation of the entrance from Immokalee Road to the East , routing changes to the golf course for holes 10 through 18, a relocation of the club site, elimination of an aqua-range, the residential acreage has been reduced, the golf course open space and lake acreages have been increased, and the Creek Hammock system has been further defined in terms of the jurisdictional wetland and upland components with the acreage changing slightly and a change to the crossing locations of this system. He related that the proposed changes will enhance the property. He pointed out that the proposed changes have recognized the significance of the Creek Hammock system and ought to be retained. He explained that in addition to the 17 . 7 acres of wetlands which are DER jurisdictional , upland acreage has been identified to be included in the land use designation called Creek Hammock. He pointed out that the environmental impacts are all positive . He specified that the projects storm- water will be reintroduced into the creek which will bring flowing water back to the system when possible. He informed that the exotic plant life will be removed from the wetlands. He reported that the proposed water management for the project will be controlled at a higher level of elevation than the wetlands since the wetlands cannot be controlled by the project because they are DER jurisdictional . He provided for the council mem- bers the specific water elevation levels throughout the creek system and the proposed control system to be used. He remarked that all permitting agencies have agreed with the proposed system. He advised that they will work closely with the environmental staff on this project . He noted that there is one stipulation that the petitioner does not agree with. Environmental Specialist Polen concurred that the most distinct feature on the subject site is the Creek Hammock area. She noted that with the pro- posed boardwalk system, the exotic plant life will be controlled on the site. She related that there is some concern as to the upland habitat on-site. She specified that while walking on the property she came across ten active gopher tortoises and there probably are more as is mentioned in more detail in her staff report . In regards to the water elevation levels proposed, Ms. Polen informed Page 9 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 that they are standard stipulations based on the Comprehensive Plan. Mr . Addison questioned how much flexibility the petitioner did have in order to accommodate the concerns regarding the gopher tortoises? Mr . Reynolds responded that there is quite a bit of flexibility with the golf course . He advised that they will survey the property for the active gopher tortoises nests and where necessary relocate them. He added that in addition to this, the petitioner plans on doing extensive tree location work where possible. He informed that they do not anticipate any problems with the Florida Game and Fresh Water Fish Commission on this project . Dr. Martin concurred with the concerns regarding the general habitat . He questioned how the peti- tioner will address the sludge issue since basin two in the past has been identified as a sludge disposal site. He also questioned where the material will go that is cleared from the creek bottom and what will be provided for base flow should it not rain for a day or two? Mr . Reynolds commented that the creek system is not intended to be disturbed and any actual impact will be at the road crossings . He noted that any trees that cannot be retained, the County' s policy 6 . 5 will be followed. In regards to the sludge issue, Mr . Reynolds informed that this has been reviewed and found to be of little concern because the material organic . He advised that regarding the creek flow, it will be virtually impossible to create a constant flow although the lake system will be kept at the highest possible and discharged into the system. He added that they will do what they can within the permitting authority that they have . Dr . Martin requested the data information on the old sludge. Mr . Reynolds affirmed that he will provide all information available on the sludge. In reference to staff ' s stipulations, Mr . Reynolds stated that the proposed changes have been reviewed by staff and concurrence has been reached on all but one. He provided to the council members an Page 10 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 that they are standard stipulations based on the Comprehensive Plan. Mr. Addison questioned how much flexibility the petitioner did have in order to accommodate the concerns regarding the gopher tortoises? Mr . Reynolds responded that there is quite a bit of flexibility with the golf course. He advised that they will survey the property for the active gopher tortoises nests and where necessary relocate them. He added that in addition to this, the petitioner plans on doing extensive tree location work where possible. He informed that they do not anticipate any problems with the Florida Game and Fresh Water Fish Commission on this project . Dr. Martin concurred with the concerns regarding the general habitat . He questioned how the peti- tioner will address the sludge issue since basin two in the past has been identified as a sludge disposal site. He also questioned where the material will go that is cleared from the creek bottom and what will be provided for base flow should it not rain for a day or two? Mr. Reynolds commented that the creek system is not intended to be disturbed and any actual impact will be at the road crossings. He noted that any trees that cannot be retained, the County' s policy 6 . 5 will be followed. In regards to the sludge issue, Mr . Reynolds informed that this has been reviewed and found to be of little concern because the material organic . He advised that regarding the creek flow, it will be virtually impossible to create a constant flow although the lake system will be kept at the highest possible and discharged into the system. He added that they will do what they can within the permitting authority that they have . Dr . Martin requested the data information on the old sludge. Mr . Reynolds affirmed that he will provide all information available on the sludge. In reference to staff ' s stipulations, Mr . Reynolds stated that the proposed changes have been reviewed by staff and concurrence has been reached on all but one. He provided to the council members an Page 10 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 agreement sheet (not provided for the record) noting the changes. He pointed out that the one stipulation that has not been agreed to with staff is stipulation 7 . He noted that the concern with this stipulation is highly technical and can be addressed with staff during the construction plan review process. He advised that they are proposing to eliminate stipulation 7 ; however, there is pro- posed modified language that may be satisfactory to the petitioner and staff . He cited that there is no problem with the second sentence of this stipu- lation and is willing to leave this part of the stipulation in the agreement sheet . He explained the problem with the first sentence is that the petitioner does not have any control over the water elevations within the wetland systems. He added that this is a unique situation and the standard stipulation of using biological indicators does not apply. He suggested that the control elevations be set in accordance with the requirements of the South Florida Water Management District and review with staff at the time of construction plan review. In response to Ms. Polen, Mr. Reynolds informed ^ that the water management system for the lakes involve separate basins for each versus a cascading system downward. He pointed out that this system has been endorsed by the staff and the Water Management Board previously. Ms. Polen stated that as to the requested changes by the petitioner to the stipulations, staff agrees with the terminology changes to stipulations 3 and 4 . She informed that staff would like the language to stipulation 9 to read, "The proposed boardwalk located within the jurisdictional wetland shall be elevated and shall meander to avoid the clearing of any protected trees and shall be approved by Pro- ject Review Services - Environmental Staff , in accordance with requirements of the FDER and Corps permits. " She explained that this will require stipulation 1 to be changed to read, " . . , all federal and state jurisdictional determinations and permits, . . . " Stipulation 10, she cited, should read, "The native vegetation, specifically oaks greater than 4 inches in diameter at breast height and cabbage palms that cannot be retained shall be evaluated by the project landscape architect , and Project Review Services - Environmental Staff in Page 11 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 accordance to the guidelines of policy 6 . 51 of the Conservation and Coastal Management Element of the Growth Management Plan. " She noted that in regards to stipulation 7 , staff feels that SFWMD criteria should be considered as well as the Collier County Comprehensive Plan, policies 6 . 2 . 13 and 6 . 2 . 14 , for review and approval by staff . Environmental Specialist Prynoski suggested that the language for stipulation 7 read, "The control elevation shall be established which provide hydro- periods that reasonably assure successful restora- tion, preservation, and/or enhancement of the wetlands. Control structure elevation deter- mination shall be supported with engineering and biological data to include but not be limited to lichen line elevations. " Mr . Reynolds agreed to the changes suggested by staff . MOTION: Made by Mr. Turrell, seconded by Mr. Addison and carried 3/0, to approve Petition PUD-87-48( 1 )/SMP-91-8, subject to the stipulations as amended, as follows: 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 effect 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 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 jurisdictional wetlands, approved mitigation areas, oak island preser- Page 12 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 ves (as per PUD-87-48) , creek hammock buffers (as per PUD-87-48) and required gopher tor- toise habitat . All areas shall be designated on the construction plans/site development plans. 4. 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 cove- nants 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 pro- tected 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 affec- ted; or (2) if the control elevation of adja- cent 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 . The control elevation shall be established which provide hydroperiods that reasonably assure successful restoration, preservation, and/or enhancement of the wetlands. Control structure elevation determination shall be supported with engineering and biological data to include but not be 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 Page 13 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 lake shores adjacent to the Conservation Area shall be more gradual . A slope 1 : 10 is recom- mended in such areas to prevent destabiliza- tion of sensitive habitats. All littoral zones shall be revegetated with native aquatic species, and the encroachment of exotic vege- tation in these areas shall be controlled. 9 . The proposed boardwalk located within the 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 , in accordance with requirements of the FDER and Corps permits. " 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 architect , and Project Review Services - Environmental Staff , in accordance to the guidelines of Policy 6. 51 of 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 . ***** ITEM: NEW BUSINESS: Proposed Coastal Barrier Management Plan COMMENTS: Natural Resources Director Santos stated that this is presented for final action on the Coastal Zone Management Plan. He noted that there have been three public workshops before the EAC and at the Page 14 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 last workshop it was indicated that a vote was ready to be taken when this was brought back before you at a regular meeting. He pointed out that• the changes requested by the council members at the last workshop have been incorporated in the docu- ment presented to them (not provided for the record) . He advised that the sufficiency review has not been completed; however the content will not change. He recommended approval of the plan. In response to Mr. Addison, Dr . Santos informed that if there are substantive changes made to the plan, it will be brought back before the EAC before proceeding to the Board. Dr . Martin commented that the consensus of the council members is to get the plan in place as quickly as possible. Gary Beardsley, speaking for Collier County Audubon Society, commented that the proposed plan is a good first step; however, it does not provide for the future. He noted that the plan does not meet some of the requirements of the Comprehensive Plan. He related that the document contains directives and recommended it be titled Synthesis of Directives. He remarked that there are other items he would change in the document and requested that he be allowed to send in his concerns and the Collier County Audubon Society' s concerns regarding deve- lopment and performance standards in a written form. He concurred that this document needs to be accepted by the Board soon. Dr. Santos pointed out that the proposed plan pro- vides recommendations to the Board of County Commissioners and they will decide what will become a regulation. He noted that everyone including the Collier County Audubon Society has had sufficient time to present their input to the document . He explained that action today is requested. MOTION: Made by Mr. Turrell, seconded by Mr. Addison, and carried 3/0, that recommendation of approval be forwarded to the Board of County Commissioners for the Coastal Zone Management Plan. ***** Page 15 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 There being no further business, the meeting was adjourned by order of the Chair . ENVIRONMENTAL ADVISORY COMMITTEE David Addison, Chairman Page 16 PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/16/1991 Petition: PU-91-18 : 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 a communication tower West 1/2 of Tract 54 Golden Gate Estates, Unit 23 , S27, T48S, R27E. Considerations: The petitioner proposes the construction of a communication tower, a small equipment building (12 ft. x 26 ft. ) , a driveway and a retention area. The subject parcel is 2 . 5 acres, situated on the south side of Immokalee Road (C R 846) . The Big Corkscrew Island Fire Station is on the subject parcel. The area of the parcel proposed for the cellular tower is behind the existing fire station. Vegetation consists of a few slash pine (Pinus elliottii var. densa) and a graminoid ground cover, primarily disturbance, upland species. Recommendations: Staff recommends administrative approval of Petition PU-91-18. PREPARED BY: f,-.i ,{L JI. .', . , , �;,_.� ; DATE: BARBARA `N./PRYNOSKI CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: ,i ilk , is , / DATE: 4 9/ IOHN F. MADA4iWSKI, P. E. i•ROJECT REVI'u SERVICES MANAGER Staff Reports, PU-91-18, ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/16/1991 Petition: PUD-83-45 (1) : Richard Vetter, representing West Coast Development Corporation; requesting a PUD Amendment to "Westview Plaza PUD" . Considerations: The petitioner is requesting a planned unit development amendment to Westview Plaza PUD. The requested change is to add several new permitted uses and to add conditions to a few review sections, including the environmental section 9. 6.5. The property is located at the northwest corner of Donna Street and Gail Blvd. , approximately one-half mile east of the Naples Airport. The site is bound by residential land to the east and south and by commercial uses to the north and west. Staff has no objections to the additional uses. Recommendations: In consideration of the existing PUD and adjacent surrounding property uses, Staff recommends administrative approval of Petition PUD-83-45 (1) with the following stipulated language to be added to the PUD: Section 9 . 6.5 Environmental The development of this PUD Master PLan shall be subject to and governed by the following conditions: This PUD shall be subject to all environmental Ordinances and Land Development Codes in effect at the time of final development order approval. PREPARED BY: I 4 a4 4.%• `7tJ t4 ,DATE: to/2/9i BARBARA S. BUMESON ENVIRONMENTAL SPECIALIST II 1 REVIEWED BY: �'" 1,44, / !; r-.c: DATE: i /210 • BARBARA . PRYNOSKI CHIEF ENVIRONMENTAL SPECIALIST • iy. tI I- REVIEWED BY: t ii . I DATE: /G/z.`q J 4 JOH ' F. MAD;y+i EWSKI, P. E. PROJECT REV1 W SERVICES MANAGER Staff Reports, PUD-83-45 (1) , ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/16/1991 Petition: PU-91-16: Robert W. McClure of Conklin Point Development Corporation, requesting a provisional use "d" of RT zoning for recreational facilities & clubs not accessory to principle use. Considerations: The subject property is a 14 .7 acre parcel zoned RT (recreation tourist) . Surrounding property includes a commercial marina (C-4) and RMF-6 ST zoning to the north, a proposed County park (RT) to the east, RT and RMF-12 ST zoning to the south, and the open water of Wiggins Bay to the west. The petitioner proposes a use of private recreational facilities and clubs not accessory to RT zoning, therefore, a provisional use is required. One hundred ninety (190) boat slips, some pilings, and other infrastructure are present on site. The upland areas of the site are paved, disturbed by construction debris, and/or vegetated by invasive species. A fringe of red and white mangroves (Rhizophora mangle and Laguncularia racemosa) is growing in intermittant areas seaward of the bulkhead/rip-rap. The docks extend around the mangroves. A southern bald eagle (Hialiaeetus leucocephalis leucocephalis) has been reported feeding in the area. Recommendations: Most site alterations with environmental impacts have been constructed by a previous owner, therefore, Staff recommends approval of Petition PU-91-16 with the following stipulations: 1. 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. 2 . A sewage pump-out facility shall be provided in an area of easy access. 3 . A Manatee Alert Bulletin Board, with postings of recent manatee sightings and other environmental information, shall be constructed. PU-91-16 EAC 10/16/91 Page 2 4 . "Manatee Area" signs shall be prominently posted in dock areas. 5. Prior to Final Site Development Plan aproval, a letter of no objection from Florida Game and Fresh Water Fish Commission to the proposed activity as it affects the southern bald eagle, shall be presented. PREPARED BY: e.,, -.` e_ie_ DATE: '2/ F• D REISCHL ENVIRONMENTAL SPECIALIST II t - REVIEWED BY: u,�-u-tt.rt. /) P% Ut 1tt•.3 C- DATE: 9 •30• Imo/ ' BARBARA N./ PkYNOSKI CHIEF ENVIRONMENTAL SPECIALIST t r REVIEWED BY: , •. e , 11 / j TATE: a 9 OHN MADAJ ,1 '.KI, P. E. 'ROJECT REVIEW .ERVICES MANAGER PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/16/1991 Petition: PU-91-15: David S. Wilkison, P.E. of Wilkison & Associates, Inc. , representing Florida Cellular RSA Limited Partnership; requesting a provisional use per Section 8. 10 of A-1/ACSC/ST zoning for a communication tower. Considerations: The subject property is a 3 .45 acre parcel. The petitioner proposes to impact 0. 65 acres. The proposed site is approximately 1.7 miles south of Alligator Alley on the west side of State Road 29 on land currently zoned A-1/ACSC/ST. A single family home is located directly west of the site with an extensive, old, car dump site west of the home. Land to the north and south of the proposed site is undeveloped wetland prairie. The subject property is an abandoned farm field which has become overgrown with Brazilian pepper (Schinus terebinthifolius) and wax myrtle (Myrica cerifera) with Australian pines (Casuarina equisetifolia) along the northwest boundary and cabbage palms (Sabal palmetto) off-site to the southwest. This property may be jurisdictional to State and/or Federal agencies. It is Collier County jurisdictional and therefore subject to mitigation standards set forth in South Florida Water Management District Appendix 7. Since the property is zoned A-1/ACSC/ST it requires a special treatment (ST) permit and per Ordinance No. 89-41 the petitioner shall not be permitted to develop or impact greater than ten percent (10%) of the site; fifty percent (50%) of which shall remain pervious. Resolution No. 89-18 (protection of Panther and Panther Habitat) requires that Staff advise the following agencies of petitions for changes in land use within the panther habitat area and along the State Road 29 corridor; allowing sixty (60) days of review and comment. These agencies were notified on September 27, 1991. 1. Florida Game and Fresh Water Fish Commission 2 . Florida State Department of Natural Resources 3 . United States Fish and Wildlife Service 4 . National Park Service, Big Cypress National Preserve 5. United States Army Corps of Engineers Staff Report PU-91-15 EAC Meeting 10/16/91 Page 2 Recommendations: In consideration of the previous impact to the site and the allowable minimal impact of this proposed use on the site, Staff recommends approval of Petition PU-91-15 with the following stipulations: 1. The petitioner shall obtain all necessary environmental permits (Army Corps of Engineers, South Florida Water Management District, Department of Environmental Regulation, etc. ) prior to final development order approval. 2 . The petitioner shall obtain a Special Treatment (ST) permit prior to final development order approval. 3 . The petitioner shall reduce the impacts to no greater than ten percent (10%) of the site with fifty percent (50%) of that area remaining pervious, and adhere to all other applicable requirements set forth in Ordinance No. 89-41. 4 . Project Review Services notified other State and Federal agencies in accordance with Resolution No. 89-18, allowing sixty (60) days for review and comment, which shall be received and incorporated into the staff reports to the Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC) . This petition shall not proceed to the CCPC or BCC prior to the sixty day comment period expiring. Recommendations regarding wildlife protection, specifically panthers and their habitat from these agencies shall be included in the agreement sheet presented to the BCC for their approval. PREPARED BY: Q, 6aAa j. 131,4A DATE: /O/2/9/ BARBARA S. BURgESON ENVIRONMENTAL SPECIALIST II REVIEWED BY: 'r/ ` DATE: /d/may/ BARBARA N. 'P`'NOSKI CHIEF ENVIRONMENTAL SPECIALIST 1 . REVIEWED BY: #j, DATE: /0/4// . iHN M. MADAJ SKI, P. E. 'ROJECT REVIE1V SERVICES MANAGER " Staff Reports, !U-91-15, ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/16/1991 Petition: R-91-8/PU-91-14: George L. Varnadoe, Esq. of Young, van Assenderp, Varnadoe and Benton, P.A. , representing Highway Pavers, Inc. ; requesting a zoning change from A-1MH to A-2 for an addition to the existing Shady Hollow project and provisional use "b" of A-2 zoning for earth mining and related processing. Considerations: The petitioner requests an addition which would add approximately 72 . 63 acres to an approved provisional use for earth mining. The site is adjacent to the western border of the previously approved Shady Hollow site, along 43rd Ave. N.W. Current zoning of the site is A-1MH (Agricultural) and E (Estates) . The zoning to the north and west is A-1MH. To the south, across 43rd Ave. N.W the zoning is E. Approximately 39 acres of the site have been previously cleared and used as pasture. Approximately 21 acres contain canopy vegetation, including red maple (Acer rubrum) , pop ash (Fraxinas caroliniana) and cypress (Taxodium spp. ) . An area invaded by Brazilian pepper (Schinus terebinthifolius) and old logging trails, make up the remainder of the site. The soil consists of Cypress Swamp soil type (USDA 1954) . The historic drainage of the property is the Cocohatchee River Basin. However, connections to canals now drdin the site into the Main Golden Gate Canal system. Site visits by Project Review Services - Environmental Staff revealed most of the site to be submerged. With the exception of the logging road, Collier County has claimed jurisdiction over the entire Shady Hollow addition, due to hydrology, soil type, aquatic vegetation (Nymphaea odorata) , and utilization by wetland wildlife species. The following avian species were observed by Barbara N. Prynoski, Project Review Services, utilizing the site on July 22, 1991: moorhen (Gallinula chloropus) , great egret (Casmerodius albus) , snowy egret (Egretta thula) species of special concern, little blue heron (Egretta caerulea) species of special concern. Staff Report R-91-8/PU-91-14 EAC Meeting 10/16/91 Page 2 The National Audubon Society, Florida Game and Fresh Water Fish Commission, and the South Florida Water Management District expressed concern for area wildlife; see the need to create littoral shelves as wildlife habitat; and agree with the proposal to deed the property to the CREW Trust upon cessation of the earth mining operation. Recommendations: The Shady Hollow addition is still an environmentally sensitive parcel, despite the fact that it has been affected by human impacts such as logging, ditching, and agriculture. Since the addition is adjacent to an approved earth mining site, Staff recommends approval of Petition R-91-8/PU-91-14 with the following stipulations: 1. The berm and ditch system to be constructed around the excavation prior to mining shall be removed and returned to natural grade upon "completion" of the project. "Completion" shall be defined as the termination of mining for any period of six months or longer. 2 . Water quality monitoring shall begin six (6) months prior to the removal of the berm and ditch barrier surrounding the excavation. Monitoring shall be done monthly and shall include, but not be limited to, pH, conductivity/salinity, hardness, and chlorides. The monitoring plan shall be reviewed, modified if necessary, and approved by Project Review Services prior to issuance of the excavation permit. Monitoring data shall be submitted monthly to Project Review Services. At least two wells shall be drilled as control sites for the water quality monitoring. Should water quality within the excavation indicate deterioration, the excavation bond money shall be held and the berm and ditch system remain in place until water quality within the quarry has been restored to ambient conditions. 3. The area delineated as "Freshwater Wetland" shall be designated "Preserve" . 4. The petitioner shall submit a mitigation plan for the excavation and the restoration of all berms and ditches to be graded to natural elevation. These plans shall be reviewed, modified if necessary, and approved by Project Review Services prior to issuance of the excavation permit. Emphasis shall be placed on the creation of fifty to one hundred foot (50 ' - 100 ' ) littoral shelves and the creation of shallow ponds within these shelves so as to concentrate fish as a food source for wading birds Staff Report R-91-8/PU-91-14 EAC Meeting 10/16/91 Page 3 and other wildlife. Mitigation efforts shall be phased to progress with the excavation. Mitigation success shall be guaranteed by the holding of excavation bond money. 5. No blasting or dewatering is permitted under this provisional use. 6. The Shady Hollow addition shall be deeded to either the National Audubon Society or the Department of Natural Resources (CREW Trust) no later than one year after "Completion" of excavation. "Completion" is defined as the termination of mining for any period of six months or longer. 7. An exotic removal plan for the preserve areas shall be submitted and reviewed, modified if necessary, and approved prior to issuance of the excavation permit. Removal of exotic species shall be performed over the entire property, shall be continued throughout the duration of the project, and shall be monitored and continued until the preserve areas are deeded to either the National Audubon society or the CREW Trust (reference Collier County Ordinance No. 89-53 , or the exotics removal ordinance in effect at issuance of the excavation permit) . Excavation bond moneys will be held to guarantee that the project property remains free of exotic species up until the preserve areas are deeded to the National Audubon Society or the CREW Trust. , PREPARED BY: DATE: FRED REISCHL ENVIRONMENTAL SPECIALIST II REVIEWED BY: 44744L-24 y ' DATE: /(s ;,C `/ BARBA' ' PRYNOSKI CHIEF NVIRONMENTAL SPECIALIST REVIEWED BY: ' ,,,/,- / '41 ,Le% DATE: //47/414[/�t/ JOHN MADA ;WSKI, P. E. •ROJECT REVIL' SERVICES MANAGER iI R Staff Reports, R-91-8/PU-91-14 , ew