The URL can be used to link to this page

EAC Agenda 11/06/1991 COLLIER COUNTY ENVIRONMENTAL ADVISIORY BOARD AGENDA NOVEMBER 6, 1991 COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F" I. ROLL CALL II. NEW BUSINESS A. Election of Chairman and Vice Chairman B. Terms of Members determined C. Policies and Procedures (Staff Presentation) III. REGULAR AGENDA A. Planned Unit Development Amendment Petition No. PUD-83-18 (1) Development Order Amendment Petition No. DOA-91-2 Subdivision Master Plan Petition No. SMP-91-12 "Tollgate Commercial Center" Section 35, Township 49 South, Range 26 East Collier County, Florida B. Rezone Petition No. PUD-91-10 and Subdivision Master Plan Petition No. SMP-91-14, "The Falls of Naples" Section 14, Township 49 South, Range 25 Collier County, Florida C. Rezone Petition No. PUD-91-8 and Subdivision Master Plan Petition No. SMP-91-17, "R. Roberts Estate" Section 4, Township 47 South, Range 29 East Collier County, Florida D. Planned Unit Development Amendment Petition No. PUD-89-31(1) and Subdivision Master Plan Petition No. SMP-91-5, "North Park Center" Section 21, Township 48 South, Range 25 East Collier County, Florida r1 Page 1 of 2 IV. DISCUSSION EAB direction to Staff on project: Commercial Excavation Permit No. 59.80 "Bass Pit" Commercial Excavation Permit No. 59.423 "Dude Pit" Provisional Use Petition No. PU-91-1, "Southfield Farms Limited" Sections 7 & 8, Township 51 South, Range 27 East Collier County, Florida. V. ADJOURNMENT *********************************************************************** NOTES: A. [Board Members] : Notify PROJECT REVIEW SERVICES (643-8470) no later than 5 P.M. on Monday November 4, 1991, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. [General Public] : Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto; and therefore may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. *********************************************************************** n Page 2 of 2 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: September 18 , 1991 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT Martin X Prynoski X Brown X (ARRIVED LATE) Reisch X Turrell X Polen X Addison X Neale X MINUTES BY: Debby Farris, Deputy Clerk CALLED TO ORDER AT : 8 : 50 A.M. ADJOURNED: 10 : 50 A.M, PRESIDING : David Addison, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES : July 17 , 1991 Page 1 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18, 1991 ***** ITEM: APPROVAL OF MINUTES - July 17 , 1991 MOTION: Made by Mr. Turrell to approve the Minutes of Ju_ ly 17, 1991 . Seconded by Mr. Neale. Carried 5/0. ***** ITEM: WITHDRAWAL OF PETITIONS COMMENTS: Barbara Prynoski, Environmental Specialist , reported that , at the request of the Petitioner, Petition No. PUD-83-18 ( 1 ) /SMP-91-12/DOA-91-02 ( "Tollgate Commercial Center" ) , is withdrawn until further notice. ***** ITEM: PROPOSED ADMINISTRATIVE APPROVAL PETITION NO. PUD-86-17 ( 2 ) FILED BY/FOR: Kathleen C . Passidomo of Harter, Secrest & Emery, representing Villages @ Emerald Lakes, Inc . and Levitt Homes @ Emerald Lakes, Inc . REQUESTING: PUD Amendment to "Emerald Lakes PUD" REPRESENTED BY: Kathleen C . Passidomo COMMENTS: Consensus to concur with administrative approval ***** PETITION NO. R-91-10/PUD-85-8(4) FILED BY/FOR: Alan D. Reynolds, AICP of Wilson, Miller, Barton & Peek, Inc . , representing Eagle Creek Properties, Inc . REQUESTING: Zoning change from PUD to C-4 and a PUD Amendment to "Eagle Creek" REPRESENTED BY: Alan D. Reynolds COMMENTS: Consensus to concur with administrative approval ***** Page 2 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18 , 1991 PETITION NO. PUD-80-20(4) FILED BY/FOR: Barbara Cawley, AICP of Wilson, Miller, Barton & Peek, Inc. , representing Royal Marco Developments REQUESTING: PUD amendment to "Hideaway Beach" REPRESENTED BY: Barbara Cawley COMMENTS: Consensus to concur with administrative approval ***** PETITION NO. PU-91-13 FILED BY/FOR: Clyde E. Armstrong, Sr . REQUESTING: Provisional Use "g" of A-2 zoning for a race track in S30, T48S , R27E, Collier County, FL REPRESENTED BY: Clyde E. Armstrong, Sr . COMMENTS: Consensus to concur with administrative approval ***** PETITION NO. PUD-91-1/SMP-91-10 FILED BY/FOR: Robert L. Duane, AICP of Hole, Montes, Associates, Inc. , representing Earl L. & Shirley A. Frye REQUESTING: Zoning change from A-2 to PUD and Subdivision Master Plan approval for "Radio Square" REPRESENTED BY Robert L . Duane COMMENTS: Consensus to concur with administrative approval Dr . Martin requested the record reflect that there are some people which need to be notified of eminent construction on this site. ***** PETITION NO. R-91-9 FILED BY/FOR: Kathleen C. Passidomo of Harter, Secrest & Emery, representing Wal-Mart Stores, Inc . Page 3 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18 , 1991 REQUESTING: Zoning change from RSF-1 , A-2 and A-2ST to C-4 for stormwater detention area for the proposed Sam' s Wholesale Club contiguous to the west . REPRESENTED BY: Perry Peeples of Harter, Secrest & Emery COMMENTS: Mr. Peeples identified the location of the subject property. He explained that additional acreage is required for a stormwater detention area. He added that a petition has been filed to rezone the property to C-4, which is the same zoning designa- tion as the building site . Barbara Burgeson, Project Review Services, reported that staff has made a revision to the first stipu- lation. Mr. Peeples acknowledged having spoken with Sam Saadeh of the Planning and Zoning Department regarding one stipulation which needed additional clarification. After reading the handout provided by staff, he agreed that the revised stipulation provides that the required five acres of native vegetation will be for the entire project . Pursuant to Mr . Addison' s inquiry of whether Petitioner has been in discussion with the Game and Fresh Water Fish Commission regarding off site relocation for gopher tortoises, Mr. Peeples stated that they would be willing to look into any off site relocation but , to his knowledge, no secondary site has been identified at this time. Barbara Prynoski , Project Review Services, stated that Kim Polen, the primary environmentalist working on this project and who is unable to be here today, has not had direct contact with the Game and Fresh Water Fish Commission. She pointed out one of the stipulations included to allow flexibility, is to have the Game and Fresh Water Fish Commission review and approve a plan, either on site or relocation, which is #2 of the prelimi- nary approval stipulations referred to on page 4 of the letter attached to staff ' s report . In reply to Mr. Neale, Mr . Peeples stated that should the gopher tortoise remain on site, the plan is to relocate them within the berm area around the water retention area. Page 4 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18, 1991 Discussion ensued regarding the manner in which the stipulations should be listed. MOTION: Made by Mr. Neale to recommend approval of Petition R-91-9 subject to Staff 's stipulations 1 through 6 as contained in the letter from Bob Mulhere to Richard D. Harris with stipulation 1 amended per staff 's proposed language. Seconded by Dr. Martin. Carried 5/0. STIPULATIONS: 1 . The applicant must retain at least five (5) acres of native vegetation, including both the understory and groundcover, within the off-site stormwater detention area, unless the Project Review Services - Engineering Staff or the South Florida Water Management District (SFWMD) Staff requires otherwise. Flexibility in the acreage of vegetation to be retained in the off-site storm- water detention area shall be considered in order to accommodate gopher tortoise preserve areas and/or relocation plans that may be required and reviewed by Florida Game and Fresh Water Fish Commission (FGFWFC) . 2 . Applicant must submit an approval from the Florida Game and Freshwater Fish Commission (FGFWFC) for gopher tortoise preserve areas and relocation plans prior to final SFP approval . Approval results shall determine if the design of the buildings, associated structures and infrastructure shall be adjusted to comply with the requirements of the FGFWFC. 3 . Design of the building, associated structures and infrastructure shall not impact the Collier County Jurisdictional Wetlands located within the off-site stormwater detention area, unless all other non-impacting designs would prohibit develop- ment of the minimum allowable use of the zoning district or render the project unpermitable by Local , State or Federal agencies. 4 . Proposed wetland impacts to Collier County Jurisdictional Wetlands located west of Bryans Road, shall be subject to Project Review Services Environmental staff approval . All proposed mitiga- tion of impact to Collier County Jurisdictional Page 5 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18 , 1991 Wetlands shall comply with Appendix 7 of the South Florida Water Management District rules. Proposed wetland mitigation shall first be considered on site and contiguous to the wetlands located within the off-site stormwater detention area. 5 . Wetlands and those areas proposed as mitigation and preserve areas shall be field verified and approved by Project Review Services Environmental staff , prior to final SDP approval . Prior to final SDP approval , the approved mitigation and preserve areas must be surveyed and recorded as conservation easement (s) as per the uses and limitations of Chapter 704 . 06 of the Florida Statutes. Said con- servation easement (s) must be recorded in the public records of Collier County prior to final SDP approval . 6 . Preliminary SDP approval does not absolve the applicant from supplying necessary information as required for subsequent site plan approval , to include the rezone petition process/review. ***** 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: PUD Amendment to "Silver Lakes RV Resort & Golf Club PUD" and Subdivision Master Plan approval REPRESENTED BY: Dwight Nadeau COMMENTS: Mr. Addison announced he has a conflict and is withdrawing himself from this item. Dwight Nadeau of William C. McAnly & Associates reported that these petitions were presented last month and, due to lack of a quorum, action was not taken. He explained that this PUD was approved a year ago and, as a result of the Deltona Settlement Agreement and working with the Army Corp of Engineers, the intensity of the development has been reduced by twenty-five residential lots and the open space increased. He confirmed that they have conformed with all the environmental con- ditions of the previous PUD and have no objections Page 6 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18, 1991 to the conditions proposed by staff . He added that they have been working with the Conservancy and feels there was some sort of an agreement reached with them. In response to Environmental Specialist Reischl , Mr . Nadeau reflected that their Water Management Engineer had some questions about creating littoral zones around all the lakes south of the development agreement boundary and, therefore, those lakes will be littoral shelves or lake slopes which will be provided as set forth in the South Florida Water Management Permit . He added that the northern lake will maintain littoral zones with aquatic native vegetation relocated on site and/or promulgated by commercial sources, and that a littoral zone will be designed in accordance with the South Florida Water Management District specifications, providing for greater opportunity for a wading bird habitat and to enhance the northern lake. He explained that it is for this reason that the condition has been requested to be revised in the staff report and placed into the PUD document in the environmen- tal section. Environmental Specialist Reischl pointed out that this revision will replace stipulation l . f of his staff report . He explained that the intent of the original stipulation was due to a former use as an agricultural field but, as it turns out , the northern lake is the only lake which is in a former agricultural field and, therefore, the revision fulfills the intent of the original stipulation. In response to Mr. Turrell , Environmental Specialist Reischl stated that the settlement agreement allows development . He added, however, that engineering and water management details must be reviewed carefully as they must be consistent with the conceptual plans and the agreement . He stated that to date the only thing which has been submitted is the sales trailer construction plans and, therefore, is the only thing looked at per the agreement . He stated that the entire zone that falls under Deltona is developable area pursuant to the agreement . Mr . Neale pointed out that the only caveat in the Development Agreement is that everything is always Page 7 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18, 1991 to the conditions proposed by staff . He added that they have been working with the Conservancy and feels there was some sort of an agreement reached with them. In response to Environmental Specialist Reischl , Mr . Nadeau reflected that their Water Management Engineer had some questions about creating littoral zones around all the lakes south of the development agreement boundary and, therefore, those lakes will be littoral shelves or lake slopes which will be provided as set forth in the South Florida Water Management Permit . He added that the northern lake will maintain littoral zones with aquatic native vegetation relocated on site and/or promulgated by commercial sources, and that a littoral zone will be designed in accordance with the South Florida Water Management District specifications, providing for greater opportunity for a wading bird habitat and to enhance the northern lake. He explained that it is for this reason that the condition has been requested to be revised in the staff report and placed into the PUD document in the environmen- tal section. Environmental Specialist Reischl pointed out that this revision will replace stipulation l . f of his staff report . He explained that the intent of the original stipulation was due to a former use as an agricultural field but , as it turns out, the northern lake is the only lake which is in a former agricultural field and, therefore, the revision fulfills the intent of the original stipulation. In response to Mr . Turrell , Environmental Specialist Reischl stated that the settlement agreement allows development . He added, however, that engineering and water management details must be reviewed carefully as they must be consistent with the conceptual plans and the agreement . He stated that to date the only thing which has been submitted is the sales trailer construction plans and, therefore, is the only thing looked at per the agreement . He stated that the entire zone that falls under Deltona is developable area pursuant to the agreement . Mr . Neale pointed out that the only caveat in the Development Agreement is that everything is always Page 7 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18, 1991 subject to existing county regulations at the time of development . In response to Mr. Addison, Mr . Nadeau stated that the Deltona Settlement Agreement does not expire but the Army Corp. of Engineer Permits expire September 29, 1993 . Bob Diffendorfer, with a law firm out of West Palm Beach, confirmed having a discussion yesterday afternoon with Dr . Brown. He agreed that the area falls within the settlement area and the review of the Conservancy on behalf of the conservation intervenors under the Settlement Agreement is for conformance of the plans with the conceptual and design drainage criteria that are attached to the Agreement . He added that they have the ability within sixty days of submittal of the plans to them to notify DER and the applicant of any nonconfor- mance of those plans. He stated that at the expiration of sixty days their consent will be deemed given if they fail to object . He reported that the plans have been submitted and it is now a couple of weeks into that sixty day period. Dr . T. J. Smith, Research Coordinator of the Rookery Bay National Estuarine Research Reserve, questioned what wildlife surveys have been done on the subject property. He stated there are endangered species located on the property, including Red Cockaded Woodpecker, alligators, etc. He stated that not all the subject property falls under the Deltona Settlement . Mr. Nadeau stated that the Environmental Impact Statement submitted with the original zoning did address the issue of endangered and threatened spe- cies on the subject property. He stated that the standards of the Comprehensive Plan applicable to procedures for submitting an endangered and threatened wildlife species survey pursuant to the Environmental Impact Statement (EIS) were in effect at the time the original submittal was provided and, therefore, the County accepted that EIS and the PUD was approved pursuant to same and those reportings . Dr . Martin commented that the original EIS was written during "dry years" and stated "moderately .-. to well drained" and that is not the case. Page 8 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18, 1991 Environmental Specialist Prynoski pointed out that even if the EIS is accepted for the original PUD, an amendment to the PUD is treated like a new deve- lopment order and reopens the PUD to current stan- dards. Attorney Diffendorfer stated that the areas outside the Deltona settlement area will be subject to the current state and federal permitting regime, while permits for the areas inside the settlement area have been issued as a function of execution of the settlement agreement . He reflected that DER will not go back in the settlement area and revisit that issue. He stated that the agreement does not constitute all county approval for development in the settlement area, as paragraph 17 provides that nothing will exempt Deltona, its successors and interests, from compliance with zoning, subdivision and building regulations and other requirements applicable. He reported that the County Attorney' s Office has been asked to have a look at that . He stated it is the position of his interest group that that is textbook criteria dealing with sub- division, utilities, road radius, etc. , but does not extend to the same subject matter as the per- mits which were granted by this agreement , i . e. the South Florida Water Management District Permits and DER Permits. Mr . Brown stated he has some discomfort about taking action when no current data is available to indicate whether or not new species have moved into the subject area, especially in light of the fact it is highly possible that protected species and/or endangered species have moved into the area. Mr . Nadeau stated that several environmentalists have visited the subject property. He stated they do have some wildlife species surveys available that were not requested by the County. Mr . Brown commented it is prudent that, as part of the County' s approval process, it be stipulated there shall be a current inventory to identify whether or not there are presently protected or endangered species on the subject property and, if they are present , then a relocation plan be deve- loped for those species. Page 9 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18 , 1991 Environmental Specialist Prynoski stated that in most cases, unless the justification is not seen for it , the County does not accept wildlife surveys over two years old. She said it would behoove the County to have a new survey performed, have it reviewed, and a plan worked out between the Petitioner, Game and Fresh Water Fish Commission, and the County for protection onsite or relocation. MOTION: Made by Mr. Brown to amend staff ' s proposed stipu- lations to include that a wildlife survey be completed prior to construction and be made available to County staff for review and, if in fact a protected and/or endangered species is iden- tified, that appropriate plans for relocation and/or protection be submitted and approved by the County prior to construction. Mr . Neale suggested that the stipulation be amended to require that a wildlife survey shall be completed by an environmental survey firm recognized by the Florida Game and Fresh Water Fish Commission and transmitted to both Florida Game and Fresh Water Fish Commission and County staff for review and approval prior to plats or construction plan approval and if , in fact , protected and/or endangered species are found onsite, that an appropriate mitigation and/or relocation plan be submitted to Florida Game and Fresh Water Fish Commission and County staff for their review and approval, also prior to plat and construction plan approval . MOTION: Made by Mr. Brown to approve PUD-89-15(1)/ SMP-91-13, as amended, with the stipulations pro- posed by staff along with the additional recommen- dation suggested by Mr. Neale. Seconded by Mr. Turrell and carried 4/1 (Dr. Martin opposed) . STIPULATIONS: 1 . Revise PUD document as follows: a) Page 5-4H. change to: "landscaping: the landscaping requirements shall conform to the County Code in effect at the time of Final Site Development Plan/Construction Plan approval" . b) Page 6-1 , 6 . 2 .A. 2 Omit : "Lakes" . Page 10 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18 , 1991 c) Page 6-1 , 6 . 2 .A. 3 change to: "Boardwalks or pervious paths constructed for the enjoyment of the conservation area by the residents of the project" . d) Page 8-7 B, make changes to reflect requirements of Ordinance No . 82-2 as amended by Ordinance No. 89-57 . e) Page 8-7 C, make changes to reflect submit- tal for review and approval by Project Review Services of the exotics maintenance plan, prior to Final Site Development Plan/Construction Plan approval . f) Page 8-8 E, reinstate wording struck through. g) Page 8-10 12 , reinstate wording struck through. h) "Future" uses on PUD Master Plan should be omitted, or it should be noted that these uses are subject to relocation, reconfiguration, or deletion, as well as Federal , State, and Local review and approval . 2 ) Prior to Final Site Development Plan/ Construction Plan approval, demonstrate that twenty-five percent (25%) of the viable, naturally functioning native vegetation on site shall be retained. 3) Approval of SMP-91-13 shall be contingent upon approval of Petition PUD-89-15 ( l) . 4) A wildlife survey shall be completed by an environmental survey firm recognized by the Florida Game and Fresh Water Fish Commission and transmitted to both Florida Game and Fresh Water Fish Commission and County staff for review and approval prior to plats or construction plan appro- val and if, in fact , protected and/or endangered species are found on site, an appropriate mitiga- tion and/or relocation plan shall be submitted to Florida Game and Fresh Water Fish Commission and County staff for their review and approval , also prior to plat and construction plan approval . Page 11 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18 , 1991 ***** PETITION NO. PUD-91-6 FILED BY/FOR: James P. Elliott , P.E. of Source, Inc . , repre- senting Robert C . Malt REQUESTING: Zoning change from A-2 to PUD "Montego Bay" REPRESENTED BY: Robert C. Malt COMMENTS: Robert Malt reported on the stipulated Settlement Agreement between himself and Collier County entered into on November 27 , 1989, regarding con- demnation proceedings relative to the expansion of C . R. 951 . He proceeded to read from said Settlement Agreement : Article II whereby it is agreed to continue the case for three years; Article III whereby reference is made to Collier County' s Future Land Use Map, as adopted 1/10/89, and agreement is reached regarding densities available to Parcel 101 ; Article IV whereby Petitioner shall apply for Site Plan approval and appropriate Construction Permits within eighteen months of said Agreement ; Article V addressing extension or termination of this agreement and recourse of proceeding to trial ; and Article VI providing for terms of completion of agreement . Mr. Neal suggested that , due to the nature of the Settlement Agreement , the County Attorney' s Office should have a representative present during the discussion of this item. ***** *** Recessed: 9:55 A.M. - Reconvened: 10: 14 A.M. *** David Weigel , Assistant County Attorney, concluded that , the stipulated Order and Settlement and the attached Agreement regarding Parcel 101 , specifi- cally referenced as Case #87-308-CA-01-HDH, do not in and of themselves in anyway reflect upon the duties and responsibilities of the EAC to review the application before it in anyway differently than they would any other application. In reply to Mr. Neale, Mr . Weigel confirmed that EAC acts as an advisory body to the Board of County Page 12 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18 , 1991 Commissioners and, therefore, their recommen- dations, stipulations, and comments are purely in the form of advice based upon the issues placed before the EAC upon the direction of the BCC to review in regard to land use applications. Mr . Malt reported that : He has owned the subject property for eighteen years; it has a current assessed value of $436, 850; and he is unable to use the property. He explained that the road into Rookery Bay is without benefit of easement . He stated he is looking at the situation basically as a taking of the property, and that he was willing to give 80% of the property to the County, Rookery Bay, Audubon Society or anybody wanting to have it . He confirmed he has dealt in good faith for the last two years with the Director of Rookery Bay in attempts to get them interested in the subject pro- perty. He added that they expressed interest , but have heretofore had no funds to make any offer to purchase. He reported they have been moved up on the CARL List and might possibly have the ability to make an offer of purchase. He stated that he has spent over $40,000 in professional fees to get to this point . Environmental Specialist Reischl reported on the inspections by staff of the subject property. In response to Mr. Addison, Environmental Specialist Prynoski reported that the Army Corp. of Engineers and DER have exercised jurisdiction on everything but about two acres of the property. Mr . Malt reflected that , due to construction of the road going into Rookery Bay and the natural flow, water is trapped in the area and has exacerbated the drainage situation. Environmental Specialist Reischl stated the basic disagreement is that Mr. Malt ' s biologist agrees it is a wetland but feels the alteration has suf- ficiently changed it to where it is now considered an altered wetland, while staff ' s position is that it has changed but is still a viable naturally functioning wetland which, according to the Growth Management Plan, should not be impacted. Mr . Turrell stated that the purview of the EAC is to look at the property from an environmental standpoint and, environmentally, it is wetlands. Page 13 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18 , 1991 Discussion ensued regarding whether the subject property meets the County or Federal guidelines for affordable housing. Dr . Martin expressed his professional opinion regarding the subject property. Dr . T. J. Smith stated that Mr . Malt provided his organization with a letter, copy not provided for the record, stating he is a willing seller . He stated that they looked at how much money the State was going to give them in ascertaining what parcel they could afford to buy and what parcels are eco- logically most important for them to buy. He con- firmed that Mr . Malt ' s property is #1 on their list . He stated Mr . Malt ' s property is still a functioning viable wetland. He confirmed they are moving as hard as possible on the project and expect to be in a position to sit down with Mr . Malt and state an offer as soon as 4-8 weeks or, at the latest , sometime in 1992 . Mr . Malt reiterated the provisions of Section V of the agreement previously alluded to, whereby it allows for an extension of time with mutual agreement of the parties thereto. Mr . Malt stated his preference is for the EAC to put this matter in abeyance until the January meeting and, if not resolved, the matter can be reexamined. Mr. Neale recommended continuance of this matter until the meeting of the EAC, or its successor body, in January with the stipulation that the County, Rookery Bay, CARL, etc . work diligently during that time to get this land acquired under the CARL Program. MOTION: Made by Mr. Neale to continue this item until the EAC, or its successor board, meets during the first week of January; that, as a part of this con- tinuance, the County will take appropriate steps to protect Mr. Malt 's rights under his Settlement Agreement so that he is not penalized; and that the County, Mr. Malt, Rookery Bay, and all appropriate parties work as expeditiously as possible to secure the acquisition of the subject property by the CARL Program. Seconded by Dr. Martin and carried unani- - mously. Page 14 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 18, 1991 ***** COMMENT: Environmental Specialist Prynoski stated that selection for the EAC ' s successor board will be made at the BCC meeting next Tuesday, and projec- tions are that the first meeting of the successor board will be the first Wednesday in November . ***** There being no further business, the meeting was adjourned by order of the Chair . ENVIRONMENTAL ADVISORY COMMITTEE David Addison, Chairman Page 15 /"•.\ MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: October 16, 1991 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT Martin X Reischl X Brown X Berguson X Turrell X Lord X Addison X Nino X Neale X MINUTES BY: Wanda B. Arrighi , Deputy Clerk CALLED TO ORDER AT : 8 : 45 A.M. ADJOURNED: 9 : 50 A.M. PRESIDING : David Addison, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES : August 21 , 1991 • Page 1 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 16, 1991 ***** ITEM: APPROVAL OF MINUTES FOR AUGUST 21 , 1991 MOTION: Made by Dr. Martin, seconded by Mr. Turrell and carried 4/0, to approve the Minutes of August 21 , 1991, as presented. ***** ITEM: PROPOSED ADMINISTRATIVE APPROVAL PETITION NO. PU-91-18 FILED BY/FOR: Mark Lamoureux, P.E. of M.L.E. , representing Florida Cellular RSA, Ltd. Par . REQUESTING: A provisional use Section 8 . 10 of Estates zoning for a communication tower West 1/2 of Tract 54 Golden Gate Estates, Unit 23, S27, T48S, R27E. REPRESENTED BY: Mark Lamoureux COMMENTS: Consensus to concur with administrative approval ***** PETITION NO. PUD-83-45(1) FILED BY/FOR: : e_ - -eventing West Coast Development Corporation REQUESTING: A PUD Amendment to "Westview Plaza PUD" . REPRESENTED BY: Richard Vetter COMMENTS: Consensus to concur with administrative approval ***** ITEM: PUBLIC HEARINGS PETITION NO. PU-91-16 FILED BY/FOR: 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 . Page 2 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 16, 1991 REPRESENTED BY: Alan Reynolds, Wilson, Miller, Barton & Peek, Inc . COMMENTS: Environmental Specialist Reischl informed that there is a change in the requested type of provi- sional use applied for . He provided to the Council Members a copy of this change (not provided for the record) . Mr. Reynolds stated that the requested provisional use is to allow the construction of a yacht club on approximately 15 acres of the Conklin Point pro- perty. In reference to the memo distributed by Mr . Reischl , Mr . Reynolds advised that the provisional use being requested is "b" , "c" , and "d" of the RT zoning district . • Mr . Reynolds explained that the property in question has been previously permitted and somewhat developed; however, the project has been acquired by Conklin Point Development Corporation who plan to reduce the density of the property and construct a yacht club to utilize the wet slips already constructed. Mr. Reynolds related that the environmental impact statement requirement for this project has been waived because of the alteration to the site. He cited that there was an environmental impact state- ment provided for the previously planned project which allowed the construction of the existing facilities. He noted that there is nothing of significance on the property with the exception of a few mangroves which will remain. Mr . Reynolds reported that the Collier County Comprehensive Plan encourages water dependent uses as proposed by this project for these types of locations. Mr. Reynolds stated that the petitioner is in agreement with the stipulations proposed by staff . Mr. Reischl concurred with the statements made by Mr . Reynolds. In response to Mr. Addison, Mr . Reynolds advised that the size of the boats to use the facilities will range in size and will depend largely on the Page 3 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 16, 1991 condition of the pass as to what sizes will be accommodated. Mr. Reynolds answered Mr. Brown' s question by stating that the existing infrastructure is being reviewed as to what will be incorporated into the new plan. Mr . Reynolds added that public facili- ties are available to the site. He informed that the present project does not include fueling faci- lities. Mr . Turrell suggested that a boater display in addition to the Manatee Alert bulletin board be considered. Mr . Addison added that information should be provided to the boaters regarding Wiggins Pass and the type of pass it is. Mr . Reynolds commented that these suggestions will be taking into consideration. Mr . Brown questioned if the existing mangrove fringe will be maintained and capitalized on? Mr. Reynolds affirmed that it will be. !� MOTION: Made by Mr. Turrell, seconded by Dr. Martin and carried 4/0, to approve Petition PU-91-16, subject to the stipulations as presented, as follows: STIPULATIONS: 1 . 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. 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 environ- mental information, shall be constructed. 4. "Manatee Area" signs shall be prominently posted in dock areas. 5 . Prior to Final Site Development Plan approval , a letter of no objection from Florida Game and Fresh Water Fish Commission to the proposed Page 4 • ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 16, 1991 activity as it affects the southern bald eagle, shall be presented. ***** PETITION NO. PU-91-15 FILED BY/FOR: 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 . REPRESENTED BY: David S . Wilkison COMMENTS: Environmental Specialist Berguson stated that the newly provided site plans (not provided for the record) address stipulation number 3 . Mr. Wilkison informed that Florida Cellular is pro- posing to construct a cellular communications tower on property located approximately 2 miles south of Alligator Alley on the west sic.= =f S .R. 29 . He advised treat the tower site is planned for the northwest corse_ ==se the least environmental impact . He added that the impact to the subject site has been reduced to less than 10%. He related that he agrees with the pro- posed stipulations. Ms. Berguson reported that a letter has been sent to five agencies regarding the proposed project, and they have 60 days from September 27 , 1991 to respond. She informed that at this time none of them have responded. Mr . Wilkison advised that the height of the pro- posed tower will be 280 feet . Ms. Berguson responded to Mr. Brown by noting that the clean-up of the property is underway. Mr . Wilkison affirmed the exotics will be removed. MOTION: Made by Dr. Martin, seconded by Mr. Turrell and carried 4/0, to approve Petition PU-91-15, subject to the stipulations as presented, as follows: Page 5 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 16, 1991 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 develop- ment 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 pre- sented to the BCC for their approval . ***** PETITION NO. R-91-8/PU-91-14 FILED BY/FOR: 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 provi- sional use "b" of A-2 zoning for earth mining and related processing. REPRESENTED BY: George L. Varnadoe Page 6 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 16, 1991 COMMENTS: Mr . Varnadoe advised that the requested rezone and provisional use are proposed in order to add to an already approved excavation pit in the Golden Gate Estates area. He noted that excavation has not commenced at this time. In referring to a display aerial map, Mr . Varnadoe indicated the location of the property in question. He pointed out that 190 acres have been approved for a provisional use, and the proposed request is to add approximately 72 acres to the project . He related that the addi- tional land requested is similar in type as to that already approved and has fresh water wetlands as • well as upland species on it . Mr. Varnadoe informed that as stipulated in the original request by the South Water Management District , the Water Management Advisory Board as well as the EAC, there will be no dewatering allowed. He advised that this stipulation has been incorporated into this request . He explained that there will be a berm around the site, and there will be no blasting. In response to Mr . Addison, Mr . Varnadoe advised that DER and the Army Corps of Engineers have not reviewed the additional land requested by this petition; and, therefore, have not laid claim to any of the land. Mr. Varnadoe reiterated that no excavation has begun on the subject site or the original 190 acres. He reaffirmed that there will be no dewa- tering. Mr. Varnadoe requested a change to stipulation number 6. to follow the language which appears in the original provisional use of the 190 acres. He explained that the change would provide that , "A minimum of twenty-one acres of non-impact wetlands designated as preserve shall . . . " Mr . Addison voiced his concern as to what will hap- pen to the land after completion of the excavation. Mr. Varnadoe related that in the previously approved provisional use a stipulation was provided to allow DNR or the National Audubon Society to purchase the land once excavation was complete. He read the specific stipulation provided in the said provisional use. Page 7 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 16, 1991 COMMENTS: Mr . Varnadoe advised that the requested rezone and provisional use are proposed in order to add to an already approved excavation pit in the Golden Gate Estates area. He noted that excavation has not commenced at this time. In referring to a display aerial map, Mr. Varnadoe indicated the location of the property in question. He pointed out that 190 acres have been approved for a provisional use, and the proposed request is to add approximately 72 acres to the project . He related that the addi- tional land requested is similar in type as to that already approved and has fresh water wetlands as well as upland species on it . j Mr. Varnadoe informed that as stipulated in the original request by the South Water Management District , the Water Management Advisory Board as well as the EAC, there will be no dewatering allowed. He advised that this stipulation has been incorporated into this request . He explained that there will be a berm around the site, and there will be no blasting. In response to Mr . Addison, Mr. Varnadoe advised that DER and the Army Corps of Engineers have not reviewed the additional land requested by this petition; and, therefore, have not laid claim to any of the land. Mr. Varnadoe reiterated that no excavation has begun on the subject site or the original 190 acres. He reaffirmed that there will be no dewa- tering. Mr . Varnadoe requested a change to stipulation number 6. to follow the language which appears in the original provisional use of the 190 acres. He explained that the change would provide that , "A minimum of twenty-one acres of non-impact wetlands designated as preserve shall . . . " Mr . Addison voiced his concern as to what will hap- pen to the land after completion of the excavation. Mr. Varnadoe related that in the previously approved provisional use a stipulation was provided to allow DNR or the National Audubon Society to purchase the land once excavation was complete. He read the specific stipulation provided in the said provisional use. Page 7 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 16, 1991 Mr. Reischl noted that if the proposed stipulation number 6 . is acceptable to the Council , staff would like to add that there will be access provided to the dedicated property. In response to Mr. Brown, Mr . Varnadoe informed that there is a platted access road to the property. Mr . Varnadoe stated that access can be provided to Wildlife Management on 43rd Avenue to the Wetlands. He referred to the display map to show the access proposed. Mr. Addison concurred that stipulation number 6. should be the same as in the original provisional use with the appropriate changes. Mr . Reischel noted that he will provide the appropriate approved language for stipulation number 6 . Mr. Varnadoe responded to Dr . Martin by informing that the excavation life of the project is proposed to be 20 years. MOTION: Made by Dr. Martin, seconded by Mr. Turrell and carried 4/0, to approve Petitions R-91-8/PU-91-14, subject to the stipulations as amended, as follows: 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) e removal of the berm and d tcz barrier surrounding the excavation. Monitoring shall be done monthly and shall include, but not be limited to, pH, conductivity/salinity, hardness, and chlori- des. The monitoring plan shall be reviewed, modified if necessary, and approved by Project Review Services prior to issuance of the exca- vation permit . Monitoring data shall be sub- mitted 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 Page 8 ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 16, 1991 � I 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 ele- vation. These plans shall be reviewed, modified if necessary, and approved by Project Review Services prior to issuance of the exca- vation 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 and other wildlife. Mitigation efforts . shall be phased to progress with the excava- tion. Mitigation success shall be guaranteed by the holding of excavation bond money. 5 . No blasting or dewatering is permitted under this provisional use. 6 . A minimum of twenty-one ( 21 ) acres of land designated as "reserve" shall be deeded to either the National Audubon Society, the Department of Natural Resources (CARL Program or CREW Trust) , South Florida Water Management District ' s Save Our Rivers Program, or a conservation/preservation organization approved by the Board of County Commissioners. Such transfer by deed shall occur no later than one year after "completion" of excava- tion, as "completion" is defined in Stipulation 1 , hereof . The agency to whom the "preserve" area is deeded shall be given an invitation to purchase the remainder of the property by the applicant . "Said invitation to purchase shall be extended not less than one ( 1 ) year prior to completion of the exca- vation; the time period for accepting the invitation and entering into a contract shall not be less than three hundred sixty-five (365) days after the completion excavation. " Page 9 r y ENVIRONMENTAL ADVISORY COUNCIL OCTOBER 16, 1991 If access to the donated property is not available from the County right-of-way, the petitioner shall grant an access easement across its property to the deeded "preserve" area. 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 spe- cies shall be performed over the entire pro- perty, shall be continued throughout the duration of the project , and shall be moni- tored 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 . ***** There being no further business, the meeting was adjourned by order of the Chair . ENVIRONMENTAL ADVISORY COMMITTEE David Addison, Chairman Page 10 Addresses for EAB Members Patrick H. Neale P. 0. Box 159 Marco Island, FL 33969-0159 Work 642-8111 Eric D. Worsham 4701 31st Ave. ' S. W. Naples, FL 33999 Work 566-3636 Home 353-1007 Susan J. Hebel Watts Bay Colony Westinghouse Communities of Naples, Inc. 7637 Pelican Bay Boulevard Naples, FL 33963 Work 598-3200 Fred Vidzes 13019 Parktree Court Naples, FL 33942 566-2531 Todd T. Turrell Turrell & Associates, Inc. 584 Exchange Avenue, Suite B Naples, FL 33942 Work 643-0166 Dr. John W. Martin, Jr. 3624 Cottage Club Lane Naples, FL 33942 Work 261-3366 George H. Hermanson Hole, Montes& Associates, Inc. P. 0. Box 1586 Naples, FL 33939 Work 262-4617 "SAMPLE AGENDA" COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA <>, 1991; 9: 00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F" I. ROLL CALL II. APPROVAL OF MINUTES--<> 19<> III . ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA V. REGULAR AGENDA A. Rezone Petition No. <> "<>" Section <>, Township <> South, Range <> East Collier County, Florida B. Rezone Petition No. <> ,i<>11 Section <>, Township <> South, Range <> East Collier County, Florida VI . OLD BUSINESS VII. NEW BUSINESS VIII. ADJOURNMENT IX. WORKSHOP *********************************************************************** NOTES: A. [Board Members] : Notify PROJECT REVIEW SERVICES (643-8470) no later than 5 P.M. on Monday <>, 1991, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. [General Public] : Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto; and therefore may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. *********************************************************************** P - ----- r > z at N 77 C A o r ..- C) 0 m n m Z r- (D A 0- < 0 _ ma CD -° < CD < a• 3V a A z r1 m rn Cr) C) N -n 3 n nn <. 7 S m N m --0 > 77 -- .< m -ICU 7 7 z y Cr,_ r CD a. rt. (CDD 0 Cr)< Z -) -1 .- to Cu N N co co N -v a 1- m < m 0 0. U) — < -— N- > m m r C _ •a N r N N m > --1 G 7 Z cr - N - __-_—- (D -.< N n -——- -- = x 0 --4 m o m 7C n A --1- ----I --I n C o s 7 C) N -4 C -< > Cr, CD m 0 n -4 '7 o z r- m zm 0 7 0 r- A 0 - N 0 Cr) x 0N m N z m m 3 CC)) Cl) z n m > -———- --- < S m .- L: z -- m m ..- (D C) S z 7C m -- r1 A z 77 - r- .7 •7 A N ... 0 rn 0 z to < N A 0 N z C Cr) O .- -, •n A 0 3 -17 CD z 'O -• Cr) A z • m m m m 7 m a M n N < n z 7 - A ( Z -4 n o 7 m -i -H m CD O A CL -o L L A N X n ~ A 0 Cr) m = N S < 7 < A N 7 -- < ---- 'Am .-. .' ----- x L n 0- m -- --- _— a co N ---- m A •-• A e CI m n < sr v z N n A m C-I Cl) N - 3A- m 0 c z (D m r1 n - -—- _ N C- m C- 0 M -. -0 1- > C- m 3 n K A I'tl 77 m N -< 0 - Z > m __ 7 m 7 0 > A m Cl - t[7 m A < r - A A n m Cr) < ..- > N A a Z .• n -• N n Z 0 m ---- m CD m (7 z 9 m N m A N m (D m - N m N 7O N v < .<< >Crm n A -1 --- t<i) L ----� - 0 A z c7 -- Co T L c V m m o IV T CD T 7C r -1 < < ^ T m n N . Cum (CD 9 z m z z . n -- m -mi - n m r1 m CD n A -n Co CD m .< Z Z n 7 A CD CD m C) A -7 n N `C 3 3 n > a m 7 CD > n a) n CO rn 7 Z m N m -4 n a1 A n V• 1• ret n 0 -Zi -4 O N cn A L CD -< d n 7c - fD .- O r r n -/ U N n CD . O Z r -- n 0 n .- CO 7- n - 0 7 7 N Cr) to -I `< N m ._ .0 DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners Office FROM: Earlene M. Weber Secretary II DATE: November 6, 1991 RE: Environmental Advisory Board Meeting - 11/6/91 The Environmental Advisory Board (EAB) held its first meeting today, November 6, 1991. By this meeting and in accordance with the Ordinance No. 91-68 (EAB Ordinance) the Water Management Advisory Board and the Environmental Advisory Council are abolished. Please send the appropriate notifications to members of Water Management Advisory Board and Environmental Advisory Council. Mr. Patrick Neale was elected chairman of the EAB. Mr. George Hermanson was elected vice-chairman of the EAB. The initial terms of office of the members of the EAB shall be as follows: Fred Vidzes will serve until September 30, 1992. Susan Hebel Watts will serve until September 30, 1992. Dr. John W. Martin will serve until September 30, 1993. Patrick H. Neale will serve until September 30, 1993. Eric D. Worsham will serve until September 30, 1994. George Hermanson will serve until September 30, 1994. Todd Turrell will serve until September 30, 1995. If you need any further information, please call me at 643-8470. ew-4570 cc: John F. Madajewski, Project Review Services Manager EAB Binder Chrono File DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: Ray Bellows Planning Services FROM: July C. Adarmes Senior Engineer DATE: November 7, 1991 RE: Petition No. PUD-83-18 (1) , SMP-91-12 and DOA-91-2 "Tollgate Commercial Center" Section 35, Township 49 South, Range 26 East Collier County, Florida The subject petition was approved by the Environmental Advisory Board (EAB) on November 6, 1991 with the following stipulations. Water Management: 1. An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. The standards related to depths may be modified in accordance with DER and ACOE permits. 2 . Each building site will be required to provide a minimum 1/2 inch of dry pre-treatment on site, unless otherwise waived by South Florida Water Management District. • Environmental: 1. All jurisdictional wetlands and mitigation areas on-site shall be designated as conservation/preserve tracts or easements on all construction plans and shall be recorded on the plat with protective covenants similar to or as per Chapter 704 . 06 of the Florida Statutes. 2 . In the case of mitigation off-site any purchase must be within the Conservation and Recreational Lands (CARL) or the Corkscrew Regional Ecological Watershed Lands (CREW) or other areas approved for mitigation by the Florida Department of Environmental Regulation. The ultimate transfer of deed(s) of land(s) to Florida Department of Natural Resources, Division of State Lands must occur prior to final construction plan/plat approvals. 3 . Control structures on-site shall be constructed in accordance with State and Federal permits. JA/ew-4576 cc: PUD-83-18 (1) /SMP-91-12/DOA-91-12 Files EAB Binder Chrono File L • - DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: Ron Nino Planning Services FROM: July C. Adarmes _,i Cr Senior Engineer DATE: November 6, 1991 RE: Petition No. PUD-91-10 and SMP-91-14 "The Falls of Naples" Section 14, Township 49 South, Range 25 East Collier County, Florida The subject petition was approved by the Environmental Advisory Board (EAB) on November 6, 1991 with the following stipulations. Water Management: 1. A copy of the South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval, since The Naples Bath and Tennis Club is being utilized to receive the discharge generated by the subject project, unless the District determines that the County may do the review and written confirmation to that effect is provided. 2. Roof areas can only be deducted for water quality purposes when the runoff is directed directly to the water management system. Construction plans shall reflect this requirement. Environmental: 1. The petitioner is subject to Ordinance No. 75-21 as amended or the vegetation removal ordinance in effect at the time of final land development order. 2. Any proposed wetland impacts to Collier County jurisdictional wetlands located in the northeastern and southwestern corners of the project as indicated on Attachment #1, shall be subject to Project Review Services - Environmental Staff approval. All proposed mitigation for impacts to Collier County jurisdictional wetlands shall comply with Appendix 7 of the South Florida Water Management District rules. Proposed wetland mitigation shall first be considered on site and contiguous to the wetlands located in the southwestern corner of the site. Ron Nino PUD-91-10/SMP-91-14 Page 2 3 . Prior to Final Construction Plans/Plat approval, the approved mitigation and/or preserve areas must be surveyed and recorded as conservation easement(s) and/or tract(s) with protective covenants pursuant to or similar to Florida Statutes, Chapter 704.06. • 4 . 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 Construction Plans approval. JA/ew-4573 cc: PUD-91-10/SMP-91-14 File EAB Binder Chrono File DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: Phil Scheff Planning Services FROM: July C. Adarmes Senior Engineer DATE: November 7, 1991 RE: Petition No. PUD-91-8 and SMP-91-17 "R. Roberts Estate" Section 4 , Township 47 South, Range 29 East Collier County, Florida The subject petition was approved by the Environmental Advisory Board (EAB) on November 6, 1991 with the following stipulations. Water Management: 1. Prior to construction plans approval a Florida Department of Transportation right-of-way permit allowing discharge in the S.R. 29 right-of-way shall be provided. 2 . Bottom of dry retention areas shall be at least one foot (1 ' ) above the seasonal high water table. 3 . At the time of construction plans review, petitioner shall provide an analysis of the capacity of the off-site swales within the rights-of-way and if improvements are warranted, petitioner shall make such improvements accordingly. 4 . Section 7 . 9 of the P.U.D. document shall incorporate stipulations 1-3 . 5. Section 2 .8 .A.a of the P.U.D. document shall be replaced with the following: Fill material from the lake is planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20, 000 cubic yards may be removed and utilized off-site subject to the requirement of Ordinance No. 88-26, including but not limited to traffic impact fees, etc. Removal of material in excess of 10% of total or maximum of 20, 000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 88-26. Phil Scheff PUD-91-8/SMP-91-17 Page 2 Environmental: i. Revise P.U.D. document Section 7 . 12 "Environmental" , to read: "Petitioner shall be subject to the environmental ordinances, and/or environmental divisions of any Land Development Code, in effect at the time of final site development plan or construction plan approval. " JA/ew-4577 • cc: PUD-91-8/SMP-91-17 File EAB Binder Chrono File DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM - TO: Bryan Milk Planning Services FROM: July C. Adarmes Senior Engineer DATE: November 6, 1991 RE: Petition No. PUD-89-31(1) and SMP-91-15 "North Park Center" Section 21, Township 48 South, Range 25 East Collier County, Florida The subject petition was approved by the Environmental Advisory Board (EAB) on November 6, 1991 with the following stipulations. Water Management: 1. That portion of the Beachway P.U.D. property which may serve the water management needs for this project shall be permitted for construction in conjunction with the construction plan approval of "North Park Center". Documentation shall be provided from Planning Services which indicates the use of the Beachway property is acceptable prior to approval of a preliminary SDP for North Park Center. Appropriate easements shall be granted on the portion of Beachway Water Management System necessary to provide storage and conveyance for North Park Center. 2 . The facility shall be completed and receive preliminary acceptance prior to certificate of occupancy on North Park Center. 3 . If connection to the stormwater management system in Beachway is not made, a stormwater management system shall be designed and constructed within the projects site and it shall be in accordance with South Florida Water Management District criteria and Collier County Regulations. 4. It is the intent of North Park Center to utilize an off-site water management facility within the Beachway PUD area. This water management area will be in a dedicated easement that will be shown on the North Park Center plat. The easement can be subsequently modified subject to County Staff approval and/or Board of County Commissioners approval, provided its functional performance is maintained. Bryan Milk PUD-89-31(1) /SMP-91-15 Page 2 Environmental: 1. This petition shall be subject to all environmental ordinances and land development codes in effect at the time of final development order approval, unless otherwise exempted in this PUD. 2 . Petitioner shall retain a minimum of 15% (approximately 2.6 acres) of existing native habitat on site. The retained natural canopy, understory and groundcover shall be maintained in perpetuity. Flexibility in the retainment/preserve areas may be allowed if during the site development plan/construction plan reviews such flexibility is necessary to accommodate both preservation of habitat and the project design. 3 . Protected species surveys shall be required for all subsequent final construction plans or site development plans submitted to the County for approval. 4. Petitioner shall make a good faith effort to retain native vegetation within parking lot. Retained vegetation may be credited toward the required landscaping, but not toward the required 15% retained native vegetation. JA/ew-4572 cc: PUD-89-31(1) /SMP-91-15 File EAB Binder Chrono File DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: EAB Members Project Review Services - Water Mgt. Engineers Project Review Services - Environmental Staff FROM: John F. Madajewski Project Review Services Manager DATE: November 6, 1991 RE: January EAB Meeting The first Wednesday of January falls on the holiday, New Years Day. Therefore, the January EAB Meeting will be held on the second Wednesday, January 8, 1991. Please adjust your schedule to accommodate this change. Thank you. If you have any questions, please contact Earlene Weber at 643-8470. JFM/ew-4533 cc: Ron Nino, Senior Project Planner Clerk to Board Office Darlene Grucz, County Manager' s Office EAB Binder Chrono File a-- , /"'"4ti1,%ER Codi GJ �� Development Services Department W C' - ,, Community Development Division / Collier County Government > > 2800 North Horseshoe Drive / Naples, FL 33942-6917 � ,' Phone 813 / 643-8400 PROJECT REVIEW SERVICES SECTION TitAND4 TO: EAB Members FROM: July C. Adarmes, '; -; Senior Engineer RE: Provisional Use Petition No. PU-91-1 Commercial Excavation Permits No. 59 . 80 and 59 . 423 "Bass Pit" and "Dude Pit" Section 7 and 18, Township 51 South, Range 27 East Collier County, Florida DATE: October 29, 1991 Dear Member: On July 10, 1991 the WMAB instructed the petitioner of the subject petition to provide Project Review Services staff with the following information. 1) Additional information regarding any potential effects of the proposed excavation on the properties adjacent to the project site in terms of salt intrusion. 2) Additional information regarding any potential effects of the raw withdrawal on the property adjacent to the property site in terms of lowering the water table and its consequence on crop yields. 3) Contact the SFWMD to get their feelings on the proposed project for the permits of the water use and surface water. • 4) A model that considers any effects on the surrounding area. 5) Answers to questions raised by Dr. Gail G. Gibson on the review of the water quality analysis report, on the effects of the confining layer removal, water moving upward. This includes Items #1, 2 and 4 of this memorandum. 6) Concerns of the adjacent residents including hauling route to be used, fencing of the site, etc. 00.,,, i- EAB Members "Bass Pit" and "Dude Pit" October 29 , 1991 Page 2 Item #3 was answered by SFWMD. Item #6 will be stipulated to limit the hauling route to U. S. 41 only and fencing of the site. Items #1, 2 , 4 and 5 were partially addressed by the environmental consultant in their last submittal. Staff is prepared to make a recommendation to the EAB on the project based on the submission made. However, the WMAB directed staff not to bring it back to them (WMAB) until all issues were resolved. Since the EAB is a successor Board to the WMAB, staff needs to confirm the EAB ' s direction to staff on this project. JCA/gs ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF November 6, 1991 I. NAME OF PETITIONER/PROJECT: Petition No. : Planned Unit Development Amendment Petition No. PUD-83-18 (1) Development Order Amendment Petition No. DOA-91-2 Subdivision Master Plan Petition No. SMP-91-12 Petition Name: "Tollgate Commercial Center" Applicant/Developer: Ashley M. Papineau, Partner, Tollgate Commercial Center, A Florida Partnership Engineering Consultant: Carl A. Barraco, P.E. , Johnson Engineering, Inc. Environmental Consultant: Kevin L. Erwin Consulting Ecologist, Inc. II. LOCATION: Section 35, Township 49 South, Range 26 East; bounded on the north • by Interstate Highway I-75, on the west by County Road 951, on the south by County Road 84 and on the east by Florida Highway Patrol Station. III. PROJECT DESCRIPTION: The petitioner proposes to amend the PUD Master Plan and document. The amendments propose an increase in area from 69.4 acres to 100.24 acres. Concurrently with the amendments there is a Subdivision Master Plan Petition for the development of Phase III and a Development Order Amendment since this project is a Development Regional Impact (DRI) . The total site will consists of 20.7 acres of buildings, 6.7 acres of right-of-way, 40.6 acres of parking area, 17.84 acres of wetlands, 3.98 acres of an existing Florida Power and Light easement and 9.42 acres of open space area. The expanded project area is a long narrow strip of former SR. 84 right-of-way which was the wide entry apron to the old Alligator Alley toll booths. Subsequent to the construction of I-75 and the relocation of the Alligator Alley toll booths, Florida Department of Transportation determined this segment of SR. 84 right-of-way to be excessive in width and declared the 30.8 acres to be surplus and sold it to the adjoining property owner, the Tollgate Commercial Center Development Organization. State Road 84 has been conveyed to the County and is now County Road 84. Plan of Record: Water Management: "Tollgate Commercial Center - Drainage Master Plan" prepared by Johnson Engineering, Inc. , dated April 17, 1991, one revision. EAB Meeting 11/6/91 PUD-83-18(1) /SMP-91-12/DOA-91-02 Page 2 '' Environmental: "Tollgate Commercial Center Development of Regional Impact Substantial Deviation Sufficiency Reports. IV. STAFF COMMENTS: Water Management: The proposed water management system consists of interconnected ponds, fringing marsh areas and forest wetland areas. These areas will be used as a treating mechanism for stormwater runoff as well as for surface storage and attenuation of the stormwater discharge. A series of swales, catch basins and pipes will convey the runoff to the ponds, marshes and wetlands. An existing ditch along the south part of the project site will be filled. Presently it functions as a conveyance mechanism for the runoff coming from the north side of I-75. There is an existing box culvert crossing I-75 about 70 feet east of the property site which allows the runoff from north of I-75 to flow in its historical pattern. The existing ditch will be filled and relocated on the south side of CR. 84. As shown on the drainage master plan, the off-site drainage will not cross the proposed project site; however, it will be conveyed to the same outfall (i.e. CR. 951 canal) . The existing lake will be filled and the modified water management system will be designed to handle the drainage from the entire site. The control structure will be located on the east end of the project site and it will discharge into a proposed box culvert which will cross CR. 84 and will convey the runoff into a proposed ditch along the south side of CR. 84. This ditch will discharge into the CR. 951 canal which ends at the Henderson Creek. The discharge is being controlled at 0.06 cfs/acre or 6.00 acres. The petitioner proposes to recreate a series of wetlands in replacement for existing ones which have been considerably altered. The stormwater system design meets the water quantity and quality requirements of South Florida Water Management District. Environmental: The 100.23 acre parcel is located in the southeast corner of I-75 and SR-951, bounded on the south by SR-84. It was approved as a PUD in 1984 and amended twice, once for the purpose of adding 9.17 acres of former Department of Transportation (DOT) right-of-way and a second time to allow flexibility in locations and numbers of access points to SR-84. This application has been filed for the purpose of expanding the development area by eliminating the originally approved wetland retention (approximately 13 acres) and substituting created wetlands (approximately 11.5 acres) . EAB Meeting 11/6/91 PUD-83-18 (1) /SMP-91-12/DOA-91-02 Page 3 The project site lies within the Belle Meade/Henderson Creek Watershed of the Rookery Bay Aquatic Preserve. The natural drainage of the site is in a sheet flow to the south-southwest across the site. Ground elevations within the project site range from 9.7 to 11.8 feet above mean sea level. This year's seasonal high water elevation appears to be reaching its maximum at around ± 10.8 NGVD(s) . The soil types on the site include Arzell fine sand (approximately 70%) , Keri fine sand (approximately 15%) and Pompano fine sand (approximately 15%) . There are approximately thirty-nine (39) acres of Collier County jurisdictional wetlands on site. The applicant has obtained a Florida Department of Environmental Regulation (DER) permit (#111337659) to construct the infrastructure for the proposed project and mitigate for the wetland impacts, by: filling ±27.9 acres of wetland, excavating ±11.5 acres of wetland to re-create wetlands, excavating ±6.4 acres of upland to create wetlands and preserving ±320 acres of existing wetlands off-site. On June 14, 1991, a compliance check at Tollgate Commercial Center showed that ±13 acres were cleared of jurisdictional wetlands (forest) . This action was done prior to permit issuance. This violation of the following Collier County Ordinances: No. 90-75 appendix A103 . 1. 1. 1; No. 82-2 section 10.7; and No. 75-21 has been satisfactorily resolved. V. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment Petition No. PUD-83-18 (1) . Development Order Amendment Petition No. DOA-91-2 and Subdivision Master Plan Petition No. SMP-91-12 "Tollgate Commercial Center" with the following stipulations: Water Management: 1. An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. The standards related to depths may be modified in accordance with DER and ACOE permits. 2. Each building site will be required to provide a minimum 1/2 inch of dry pre-treatment on site, unless otherwise waived by South Florida Water Management District. EAB Meeting 11/6/91 PUD-83-1,8 (1) /SMP-91-12/D0A-91-02 Page 4 Environmental: 1. All jurisdictional wetlands and mitigation areas on-site shall be designated as conservation/preserve tracts or easements on all construction plans and shall be recorded on the plat with protective covenants similar to or as per Chapter 704 . 06 of the Florida Statutes. 2 . In the case of mitigation off-site any purchase must be within the Conservation and Recreational Lands (CARL) or the Corkscrew Regional Ecological Watershed Lands (CREW) or other areas approved for mitigation by the Florida Department of Environmental Regulation. The ultimate transfer of deed(s) of land(s) to Florida Department of Natural Resources, Division of State Lands must occur prior to final construction plan/plat approvals. 3 . Control structures shall be set at or above biological indicators (i.e. lichen lines of the nearest wetlands) . Control elevations shall be established which provide hydroperiods that reasonably assure successful restoration/preservation and/or enhancement of the wetlands. PREPARED BY: July Adarmes Date Senior Engineer A?)-{/at . Kimberly / Polen Date Environmental Specialist II REVI . ", :Y: / - ". !J/2-Ai Stephanie R. Smith, P.E. Date Technical Services Supervisor r - �/5 4- Ii ° tee, ` eco424/W 'Barbara . Pyr oski Date Chief Environ ental Specialist / / hn F. 011' //2-,94e J Madajews i, P.E. Date h oject Review Services Manager ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF November 6, 1991 I. NAME OF PETITIONER/PROJECT: Petition No. : PUD-91-10 and SMP-91-14 Petition Name: "The Falls of Naples" Applicant/Developer: Ronald Ferrin, General Partner, The Falls, Ltd. Engineering Consultant: Reed Jarvi, P. E. , Agnoli, Barber and Brundage, Inc. Environmental Consultant: Turrell and Associates, Inc. II. LOCATION: Section 14, Township 49 South, Range 25 East; bounded on the north by Pine Ridge Road, on the east by Airport-Pulling Road, on the south by the Naples Bath and Tennis Club, and on the west by Forest Lakes Country Club. III. PROJECT DESCRIPTION: The petitioner proposes to develop a 35. 36 acre tract into a commercial Planned Unit Development for a shopping center. The proposed development consists of 5. 55 acres of lakes, a 29.26 acre area for retail/office use and 0. 55 acres for internal road. Access to the project site will be from Pine Ridge Road, Airport-Pulling Road and Woodshire Lane. Plan of Record: Water Management: "The Falls LTD. , Master Utility and Drainage Plan" prepared by Agnoli, Barber and Brundage, Inc. , dated August 29, 1991, no revisions. Environmental: "The Falls LTD. , Jurisdictional Area Survey" prepared by Agnoli, Barber and Brundage, Inc. , dated August 27, 1991, no revisions. IV. STAFF COMMENTS: Water Management: The proposed water management system will consist of a series of swales and storm sewers which will collect the runoff generated by the proposed development and will convey it to two (2) separate lakes. EAB Meeting 11/6/91 PUD-91-10/SMP-91-14 Page 2 The project historically drains to the southwest through the Naples Bath and Tennis Development eventually outfalling into the Gordon River. The Naples Bath and Tennis Club stormwater system was designed to handle the discharge from the subject property site. There are no off-site flows coming onto the site. The proposed control structure will be located on the south property line, and it will discharge into The Naples Bath and Tennis Club Water Management System. The discharge will be limited to 0.06 cfs/acre or 2 . 12 cfs. The water management system meets the requirements of water quality and quantity in accordance with South Florida Water Management District criteria. Environmental: The soil types on the site include Ochopee fine sandy marl, shallow phase - Cypress (0b5) and Keri fine sand (Kb) . Ground elevations within the project site range from ±9.2 to ±10. 3 NGVD above sea level. Apparently the area was cleared approximately seventeen years ago. Present vegetation consists of secondary growth, transitional species and exotics. Canopy species include slash pine (Pinus elliottii var. densa) , melaleuca (Melaleuca spp. ) , Australian pine (Casuarina spp. ) and some scattered bald cypress (Taxodium distichum) , dahoon holly (Ilex cassine) , and ear-leaf acacia (Acacia auriculaeformis) . Melaleuca and slash pine are the dominant species in a sixty (60) percent open canopy. Understory and shrub species are scattered throughout the site, with no one species being dominant. Native understory species include wax myrtle (Myrica cerifera) , cabbage palm (Sabal palmetto) , and saw palmetto (serenoa repens) . Exotic understory species include ear-leaf acacia, Brazilian pepper (Schinus terebinthifolius) and downy rosemyrtle (Rhodomyrtus tomentosus) . Groundcover is dominated by various submerged and transitional wetland species (i.e. St. John's wort (Hypericum fasciculatum) , swamp fern (Blechnum serrulatum) , saw-grass (Cladium lamaicense) , fringe-rushes (Fimbristylis spp. ) , rush fuirena (Fuirena scirpoidea) , inundated beak-rush (Rynchospora inundata) , white-tops (Dichromena spp. ) , hat-pins (Eriocaulon spp. ) , red-root (Lachnanthes caroliniana) , colic-roots (Aletris lutea) , and yellow-eyed grasses (Xyris spp. ) . There are approximately 0. 75 acres Collier County jurisdictional wetlands on site (See Attachment #1- Jurisdictional Area survey n dated 8/27/91) . I .-� EAB Meeting 11/6/91 PUD-91-10/SMP-91-14 Page 3 V. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition PUD-91-10 and Subdivision Master Plan Petition SMP-91-14 "The Falls of Naples" with the following stipulations: Water Management: 1. A copy of the South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval, since The Naples Bath and Tennis Club is being utilized to receive the discharge generated by the subject project, unless the District determines that the County may do the review and written confirmation to that effect is provided. 2 . Roof areas can only be deducted for water quality purposes when the runoff is directed directly to the water management system. Construction plans shall reflect this requirement. Environmental: 1. The petitioner is subject to Ordinance No. 75-21 as amended or the vegetation removal ordinance in effect at the time of final land development order. 2 . Any proposed wetland impacts to Collier County jurisdictional wetlands located in the northeastern and southwestern corners of the project as indicated on Attachment #1, shall be subject to Project Review Services - Environmental Staff approval. All proposed mitigation for impacts to Collier County jurisdictional wetlands shall comply with Appendix 7 of the South Florida Water Management District rules. Proposed wetland mitigation shall first be considered on site and contiguous to the wetlands located in the northeastern and southwestern corners of the site. 3 . Prior to Final Construction Plans/Plat approval, the approved mitigation and/or preserve areas must be surveyed and recorded as conservation easement(s) and/or tract(s) with protective covenants pursuant to or similar to Florida Statutes, Chapter 704 . 06. 4 . 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 Construction Plans approval. EAB Meeting 11/6/91 PUD-91-10/SMP-91-14 Page 4 PREPARED BY: . / /://tY July -Adarmes Date Senior Engineer �� /a / 7 Kimberly J f len Da e Environment` Specialist II REVIEWED Y: (:-CE-2- ie .6. /1/Y4/ Stepha ie R. Smith, P. E. Date Technical Services Supervisor 87t.t-64,44.2/36-IL��t�-e� /O//0/ /l 4eLt4 . ra Pryn��bski Date Chief Environmental Specialist - /. .4 / o /Y 9/ Jahn F. Madaje i, P. E. Dat ' ioject Review `,'.ervices Manager EAB STAFF REPORTS, PUD-91-10/SMP-91-14 , ew r ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF November 6, 1991 I. NAME OF PETITIONER/PROJECT: Petition No. : PUD-91-8 and SMP-91-17 Petition Name: R. Roberts Estate Applicant/Developer: Robert A. Roberts on behalf of the Robert Roberts Estate Engineering Consultant: David S. Wilkison, P.E. , Wilkison and Associates, Inc. Environmental Consultant: Turrell & Associates II. LOCATION: Section 4, Township 47 South, Range 29 East; bounded on the north by Roberts Avenue, on the east by single family homes, and on the west and the south by S.R. 29 right-of-way. The subject parcel is located in Immokalee. III. PROJECT DESCRIPTION: The petitioner proposes to develop a 39.90 acre tract into five tracts for mixed uses such as multi-family residential, commercial and historic site. The site will consist of 18. 6 acres of commercial tract, 5.9 acres of single family residential tract, 9. 0 acres of mutli-family residential tract, 4 . 1 acres of historic site tract and 2 . 30 acres of right-of-way. An extension of 11th Street North will be built through the project site. Plan of Record: Water Management: "R. Roberts Estates P.U.D. , - Master Utilities and Water Management Plan" prepared by Wilkison and Associates, Inc. , dated November 8, 1990, no revisions. Environmental: Vegetation inventory: Horace A. Wilkison, P.L.S. , dated: October 12, 1990, no revisions. Master Plan: Wilkison & Associates, Inc. , dated 11/8/90, no revisions. IV. STAFF COMMENTS: Water Management: The proposed water management system consists of four (4) basins. Basin "A" consists of 5. 9 acres tract for the single family residential use plus 0. 6 acres of right-of-way (11th Street North) . Basin "B" consists of 9 . 0 acres tract for multi-family a EAB Meeting 11/6/91 PUD-91-8/SMP-91-17 Page 2 residential use plus 0. 6 acres of 11th Street North right-of-way. Basin "C" consists of 9.8 acres tract of commercial use, 4 . 1 acres tract for historical use and 1. 1 acres of 11th Street North right-of-way. Finally, Basin "D" consists of 8. 8 acres tract of commercial use. Each basin will stand on its own and it will handle the water quality and quantity requirements as per South Florida Water Management District rules. The runoff will be directed into dry retention ponds and then discharge into the S.R. 29 and the Roberts Avenue rights-of-way. The petitioner will obtain a Florida Department of Transportation permit to allow discharge into the S.R. 29 right-of-way. The discharge rate is controlled at 0. 15 cfs/ac and four discharge structures will be placed in different locations throughout the project. The petitioner will be responsible to do any improvements within the right-of-way if needed to handle the discharge from the project site. Environmental: The site is primarily occupied by a citrus grove, farmhouse, and associated agricultural structures. The petitioner proposes to bisect the site by a southern extension of North 11th Street. Proposed uses of development tracts include commercial, multi-family, single-family, and the preservation of the homestead and associated structures as an historic site. The native vegetation is slash pine (Pinus elliottii var densa) and oak (Ouercus spp. ) . The understory has been mowed and/or grazed. The property lies in the Cocohatchee River Drainage Basin. According to the 1954 USDA soil survey, the site is characterized by Blanton fine sand. No protected species were observed on site. V. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition No. PUD-91-8 and Subdivision Master Plan Petition No. SMP-91-17 "R. Roberts Estate" with the following stipulations: Water Management: 1. Prior to construction plans approval a Florida Department of Transportation right-of-way permit allowing discharge in the S.R. 29 right-of-way shall be provided. 2 . Bottom of dry retention areas shall be at least one foot (1' ) above the seasonal high water table. EAB Meeting 11/6/91 PUD-91-8/SMP-91-17 Page 3 3 . At the time of construction plans review, petitioner shall provide an analysis of the capacity of the off-site swales within the rights-of-way and if improvements are warranted, petitioner shall make such improvements accordingly. 4 . Section 7 . 9 of the P.U.D. document shall incorporate stipulations 1-3 . 5. Section 2 . 8 .A.a of the P.U.D. document shall be replaced with the following: Fill material from the lake is planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20, 000 cubic yards may be removed and utilized off-site subject to the requirement of Ordinance No. 88-26, including but not limited to traffic impact fees, etc. Removal of material in excess of 10% of total or maximum of 20, 000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 88-26. Environmental: 1. Revise P.U.D. document Section 7 . 12 "Environmental" , to read: "Petitioner shall be subject to the environmental ordinances, and/or environmental divisions of any Land Development Code, in effect at the time of final site development plan or construction plan approval. " PREPARED BY: -- Ti1 ,Adarmes Date Senior Engineer 1 �o 071 Fred .Reissc L Date Environmental Specialist II R OrED BY: / -411 1(Va4/9/ Steph.nie Smith, P.E. Date Technical Services Supervisor 444Attip-� v io/2-4/V Barbara Prcnrsti Date Chief Environmental Specialist A adajewsk' P.E. Dat oject Review Se ices Manager , t ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF NOVEMBER 6, 1991 I. NAME OF PETITIONER/PROJECT: Petition No. : PUD-89-31(1) and SMP-91-15 Petition Name: North Park Center Applicant/Developer: Dayton Hudson Corporation - Target Stores Division Engineering Consultant: Reed Jarvi, P. E. , Agnoli, Barber & Brundage Environmental Consultant: Eric Heald & Associates, Inc. Geo Science, Inc. II. LOCATION: Section 21, Township 48 South, Range 25 East; the sited is located on the northwest quadrant of U.S. 41 and 111th Avenue North; bounded on the north and on the west by Beachway PUD, on the south by 111th Avenue North, and on the east by U.S. 41. III. PROJECT DESCRIPTION: The petition proposes to develop a 17. 2 acre site into a commercial activity center Planned Unit Development (PUD) compatible and inter-related to the business operations of a community shopping center. The land use consists of a maximum of 143, 900 square feet area for retail and for office building, 605, 332 square feet of open space. Plan of Record: Water Management: "North Park Center, Master Utility and Drainage Plan" Prepared by Agnoli, Barber and Brundage, Inc. , dated September 9, 1991, no revisions. Environmental: North Park Center Environmental Impact Statement dated July 1991. Letter from Agnoli, Barber, and Brundage, Inc. dated October 30, 1991. IV. STAFF COMMENTS: Water Management: This project has been previously reviewed by the Water Management Advisory Board under a different name (Plaza 21) . EAB Meeting 11/6/1991 PUD-89-31(1) /SMP-91-15 Page 2 The North Park Center water management system will utilize the detention lake system of the Beachway PUD. The system has been designed to accommodate the stormwater runoff from both the North Park Center area and the existing recreational vehicle sales area to the south for water quality and quantity purposes. The North Park Center system will consist of a series of pipes and swales, as appropriate, to convey the stormwater runoff to the Beachway lakes. The discharge structure in the Beachway system has been sized to allow discharge in the amount of 3 .44 cfs ( .2cfs/ac) for North Park Center. Environmental: The site has not been impacted. It consists of two major upland habitats. The first is dominated by large slash pine (Pinus elliottii) with a sparse saw palmetto (Serenoa repens) understory and the second is a dense saw palmetto/rusty lyonia (Lvonia ferruginea) habitat. There are known gopher tortoise burrows in the area. According to a gopher tortoise survey that was completed over two years ago there were not any burrows found on site. As a result of the lapse of time, the petitioner should conduct a current gopher tortoise survey prior to any final construction plan/site development plan approvals. The project will utilize the water management system of the adjacent Beachway P.U.D. The water management design for this project incorporates both water quantity and quality as specified by current South Florida Water Management District rules. These measures will lessen the changes in water quality levels by treating the total runoff of 2 .5 inches of rainfall in the water management lakes and slowly releasing half of this volume over a twenty-four hour period through sheet flow spreader swales. These spreader swales shall be located along the Beachway P.U.D. development's northern boundaries, adjacent to the jurisdictional areas. This P.U.D. amendment proposal provides 15% of the existing natural habitat on site to be preserved. This natural habitat shall be preserved in two contiguous areas, unless determined otherwise during site development plan (SDP) review. The natural canopy, understory, and groundcover shall be maintained in perpetuity. Suitable, native vegetation may be planted within the preserve areas to augment existing vegetation in a natural buffer between adjacent developments. EAB Meeting 11/6/1991 PUD-89-31(1) /SMP-91-15 Page 3 Since the water management system has been designed off-site and the project is required to meet the thirty percent (30%) open space requirement, it is believed at least 15% of the existing natural habitat could easily be accommodated for preservation. V. RECOMMENDATIONS: In consideration of the existing PUD, the off-site water management system and the thirty percent (30%) open space requirement, Staff recommends approval of Planned Unit Development Petition No. PUD-89-31(1) and Subdivision Master Plan Petition No. SMP-91-15 "North Park Center" subject to the following stipulations: Water Management: 1. That portion of the Beachway P.U.D. property which may serve the water management needs for this project shall be permitted for construction in conjunction with the construction plan approval of "North Park Center". Documentation shall be provided from Planning Services which indicates the use of the Beachway property is acceptable prior to approval of a preliminary SDP for North Park Center. Appropriate easements shall be granted on the portion of Beachway Water Management System necessary to provide storage and conveyance for North Park Center. 2 . The facility shall be completed and receive preliminary acceptance prior to certificate of occupancy on North Park Center. 3. If connection to the stormwater management system in Beachway is not made, a stormwater management system shall be designed and constructed within the projects site and it shall be in accordance with South Florida Water Management District criteria and Collier County Regulations. Environmental: 1. This petition shall be subject to all environmental ordinances and land development codes in effect at the time of final development order approval. 2 . Petitioner shall retain a minimum of 15% (approximately 2.6 acres) of existing native habitat on site. The retained natural canopy, understory and groundcover shall be maintained in perpetuity. Flexibility in the retainment/preserve areas may be allowed if during the site development plan/construction plan reviews such flexibility is necessary to accommodate both preservation of habitat and the project design. EAB Meeting 11/6/1991 PUD-89-31 (1) /SMP-91-15 Page 4 3 . Protected species surveys shall be required for all subsequent final construction plans or site development plans submitted to the County for approval. PREPARED BY: July Adarmes Date Senior Engineer X7drPcrefL 4/ h36 Kimberly J en Date Environmen al Specialist II REVIEWED BY: /J/2/ /q / S eph:nie R. Smith, P.E. Date Technical Services Supervisor )424&424- 404.4SL johc/97 Barbara Prypfoski Date Chief Environmental Specialist • /, Jo F. Madajewski, • E. Date P ject Review Servives Manager AGNou .. ;:;i^ BARBER & DIRUNDAGE, INC. O G T AO 1991 tt“i., mal Cr. IflcL'rS,plan nc,,Si land .;'in(-%,,1-, la. LJu iJ L J.i Project Fteviwl Service:.; NORTH PARK CENTER OPEN SPACE ANALYSIS The preservation standards for commercial development state that they "shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process" . The open space requirement for this project is 30% of the total site . Given the proposed development and the following considerations and conditions, our analysis concludes that 15% of the site is an appropriate portion of the existing native vegetation that shall be retained. These considerations are: • landscaping requirements within parking lots; • perimeter buffer requirements; 1 • shopping center green space requirements; • site grading requirements to transition adjacent roadway elevations and existing site elevations to the required building elevation of 11 feet; • reasonable landscaping improvements reflective and consistent with commercial development. The conditions are: • the location of the existing native vegetation shall be determined through the site development plan review process; • flexibility will be allowed to accommodate both preservation of habitat and project design; • suitable, native vegetation may be planted within the preserve areas to augment existing vegetation; • at least seventy-five percent of the trees and fifty percent of the shrubs used to fulfill landscaping requirements shall be native Southern Floridian species . r--N 10-1018 .DOC/91 Page 1 of 2 Main Office: 74-(ll) I imian,1 I-In !\ . ' .1p1CS. l-Ittr di .1:0)(1,z 4 I"'!?, ").' .ti!I : 1. • t':,.1: !81,3) i(-.0-_'I1,- North Park Center Conceptual Open Space Analysis Open Space Provided 30 .0% Summary (Estimated) Existing Native Habitat 15.0% (Minimum) *Parking Landscaping Requirements 8.5% *Shopping Center Green Space Requirements 1 .5% *Commercial Landscaping Improvements 5 .0% *Areas require site grading to accommodate development to site conditions . There shall be no on-site water retention/detention requirements . '" MRF/ga 10-1018 .DOC/91 Page 2 of 2 "For Reference Purposes Only" PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 2/12/1990 Petition: R-89-26/SMP-90-3: Jeff Hunt of Ericksen Communities, representing Radnor Corporation; requesting a zoning change from A-2 to PUD, "Beachway PUD". Considerations: 1. Location/Proposed Uses: The subject property is located in Section 21, Township 49 South, Range 25 East of Collier County. Existing land use is undeveloped. The site is approximately 265 acres with 58.8 acres of jurisdictional wetlands. Surrounding n land use is as follows: the Cocohatchee River to the north; Walker Bilt Drive to the northeast; U.S. 41 North (Tamiami Trail North) to the east; 111th Avenue to the south; a cemetery and a new residential currently under development to the southwest, and Vanderbilt Drive on the northern half of the western boundary. Petitioner proposes mixed residential use. Nine land use parcels with six combined into parcel "B" are indicated on Exhibit "A", PUD Master Development Plan and described in detail on page 10, reference "Beachway PUD Document, October 1989. " 2. Site Description/Vegetation/Wildlife: A site visit was conducted on August 11, 1989 by Eric Worsham and Barbara Prynoski of Collier County Project Planning Services accompanied by Reed Jarvey of Agnoli, Barber and Brundage ' Inc. , Eric Heald, Tropical Bio Industries, Skip Bergman of Army Corps of Engineers, Janet Strutzell of South Florida Water Management District (SFWMD) , and George Hackney, surveyor for Agnoli, Barber and Brundage, Inc. Site elevations range from sea level at the Cocohatchee River to approximately ten (10) feet in the southwest corner of the school. Tidal wetlands (mangroves) extend to aboutthe three (3) foot contour. Highest elevations are along the southern boundary. Staff Report R-89-26 EAC Meeting 2/12/90 Page 2 Uplands represent 78% of the total land area, consisting of pine flatwoods, palmetto prairies, oak scrub habitat and pine/xeric oak forest. Smaller areas of mixed pine and hardwoods as well as disturbed areas, often characterized by Brazilian pepper (Schinus terebinthefolius) , occur throughout the site. Xeric areas in elevations of eight (8) feet or greater are dominated by sand live oak (Ouercus geminata) , live oak (Ouercus virginiana) , runner oak (Ouercus minima) and turkey oak (Ouercus laevis) in association with saw palmetto (Serenoa repens) , rosemary (Ceratiola cricoides) and wire grass (Aristida stricta) . Reader is referred to page 7 of Environmental Assessment, August 1989, Geo Science, Inc. (GSI) , Table 4. 1 Vegetation Communities (includes acreage) . Wetlands on site consist of mangrove swamp and a salt marsh dominated by black needle rush (Juncus roemerianus) associated with the Cocohatchee River (50 acres) . The mangrove swamp is primarily red (Rhizophora mangle) and black (Avicennia cterminans) mangroves. Reader is referred to August 1989 GSI report, pages 9-11 as well as the Environmental Impact Statement (EIS) pages 6-9 for a description of wetlands. Included in this description are five seasonal isolated wetlands (approximately 2.9 acres) that the petitioner proposes to impact by incorporating into the development by either developed land or lakes. Wetland areas (approximately 5.7% of total wetlands on site) proposed for modification are all isolated seasonal wetlands. In addition, boardwalks and a road crossing are proposed in the black needle rush/mangrove area. The reader is referred to pages 11- 14 of EIS for a description of wildlife utilization of the site and threatened or endangered flora and fauna. In the environmental assessment conducted by GSI, the following information is worthy of consideration: (1) potential mangrove fox squirrel habitat is present, although no signs or sightings were evident; (2) habitat is marginally suited for the red-cockaded woodpecker, peregrin falcon, short-tailed hawk, southern hairy woodpecker (none observed, no nests or cavities sighted) ; (3) habitat marginally suited for scrub jays (none observed) ; (4) greatest potential for occurrence is for reptiles and amphibians. Gopher tortoises are very abundant on site in the scrub areas. Reader is referred to "Gopher Tortoise Survey/Transect Locations" enclosure,. - I Staff Report R-89-26 EAC Meeting 2/12/90 Page 3 3 . Comments/Concerns: It is recognized that the proposed development has attempted to design around sensitive environmental areas. Petitioner has been receptive to mitigation proposals and requests, based on Ordinance and the Collier County Comprehensive Plan, to revise certain aspects of the site plan. In formulating the stipulations below, the following was considered: (a) Ordinance No. 89-58 preservation of twenty-five percent (25%) of the viable naturally functioning native vegetation on site, including both understory and groundcover emphasizing the largest contiguous areas possible. Site contains 265 acres, therefore 66.25 acres are to be preserved. Scrub habitats, especially those areas containing active gopher tortoise burrows, has been targeted for preservation to satisfy Ordinance No. 89-58; (b) Collier County Comprehensive Plan (CCCP) Goal 7 and Policy 7.3 .4, as it pertains to wildlife, specifically gopher tortoises; (c) Mitigation shall be required for proposed impacts to the isolated wetland areas per CCCP Objective 6.2, Policy 6.2. 10 and other associated policies. Recommendations: Staff recommends approval for petition R-89-26/SMP-90-3 subject to the following stipulations: 1. Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of native habitat and the tree removal permitting) . 2 . Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance 89-53 (removal of exotic species) . 3 . Petitioner shall be subject to Ordinance 89-57 (use of native species in landscaping) and site landscaping shall be designed to comply with xeriscape principles as defined by the SFWMD. 4. Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact the Collier County.Planning Services, Environmental Review Staff. i Staff Report R-89-26 EAC Meeting 2/12/90 Page 4 5. All wetland preserves indicated on the site master plan must be provided with a twenty-five (25) foot upland vegetative buffer and indicated as a vegetative buffer on all subsequent site plans and plats submitted for County review. However, shallow water management facilities, i.e. , spreader swales and dry retention areas may be allowed. 6. At the time of platting, all preserves, uplands and wetlands, shall be recorded as easements or tracts and provided with protective covenants which require the areas to be maintained in their natural (unaltered) state. 7 . Isolated wetlands shall be evaluated for Collier County jurisdiction at the time of proposed impacts. If isolated wetlands are determined to be jurisdictional and if the proposed impacts are approved, then mitigation shall be required in compliance with Collier County Comprehensive Plan Policy 6.2.10. Mitigation as specified shall be required for any and all proposed impacts to the wetland p preserve as described above. 8. Protected species surveys shall be required for all subsequent site plans submitted to the County for approval, if deemed necessary by Collier County environmental staff and if previous surveys are over two (2) years old. 9. Portions of the proposed lake #5 and other similar xeric oak scrub habitat areas totaling no less than 7.45 acres and configured to incorporate the largest possible contiguous area or areas shall be dedicated as upland scrub preserves to comply with • Collier County Comprehensive Plan Policy 7.3.4 and Ordinance No. 89-58. The aforementioned upland preserves shall be designated by mutual agreement between the petitioner and Collier County environmental staff and shall be indicated on the revised Subdivision Master Plan prior to approval. Other habitats may be deemed acceptable to meet the aforementioned requirements, if offsite relocation of the gopher tortoise population is approved by state permit. 10. Stem wall construction shall be required if proposed construction utilizes fill and the fill or side slopes appear to encroach into preserves or preserve buffers. i Staff Report R-89-26 EAC Meeting 2/12/90 Page 5 11. Former Special Treatment "ST" zoned/wetland preserves shall be deeded to the county or placed in a perpetual trust with an easement in favor of Collier County. 12. Any future proposed dock construction shall comply with the Florida Department of Natural Resources (DNR) manatee • protection plan. 13 . If turkey oaks are discovered during tree removal permitting, they shall be transplanted to the upland preserve areas or utilized in project landscaping. 14 . In addition to environmental stipulations 1-13, additional standards/requirements may be applicable at the time of site development plan (SDP) approval. PREPARED BY: f'I^cL�2` / / • L LDATE: J/`S/ 0 BARBARA PR NO3 PREPARED BY: - IA, DATE: A1/46 • hiE: REVIEWED BY: , ,1 2 q O RO 'LD NINO� REVIEWED BY: yr�� /. G�l�( DATE: Z/5//C) KENNETH W/. BAGINSKI ii