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EAC Agenda 01/08/1992 COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA January 8, 1992: 9:00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F" I. ROLL CALL II. APPROVAL OF MINUTES - December 4, 1991, (Abbreviated) III. ADDENDA IV. NEW BUSINESS V. REGULAR AGENDA A. CONTINUED FROM 12/4/91 MEETING 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 LTD. " Sections 7 & 18, Township 51 South, Range 27 East Collier County, Florida. /'`\ B. Planned Unit Development Amendment Petition No. PUD-89-29 (1) "Livingston Road Country Club" Section 11, 12, & 13 , Township 48 South, Range 25 East Collier County, Florida C. Special Treatment Permit, ST-91-13 Section 9, Township 49 South, Range 25 East and Section 17 & 20, Township 48 South, Range 25 East Collier County, Florida VI. OLD BUSINESS A. DISCUSSION OF POLICIES AND PROCEDURES B. Planned Unit Development Amendment Petition No. PUD-87-48 (1) Subdivision Master Plan Petition No. SMP-91-8 "Southampton at Naples" Section 26, Township 48 South, Range 25 East Collier County, Florida. VII. ADJOURNMENT VIII. WORKSHOP A. Environmental Enforcement of Stipulations placed on Petitions by Environmental Advisory Board r ,."\. B. Review of drainage feasibility report for Riviera Golf Estates Unit Four. *********************************************************************** NOTES: A. [Board Members] : Notify PROJECT REVIEW SERVICES (643-8470) no later than 5 P.M. on Monday January 6, 1992, 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 2 MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: December 2, 1991 TIME: 9: 00 A.M. PLACE: 3rd Floor Boardroom, Building "F", Collier County Government Center, Naples, Florida EAB STAFF PRESENT Martin X Smith X Worsham X Prynoski X Turrell X Arrived 9:40 Adarmes X Neale X Arrived 9: 30 Burgeson X Watts X Reischl X Vidzes X Bateman X Hermanson X Gail Gibson X MINUTES BY: Fred Reischl CALLED TO ORDER AT: 9:05 A.M. ADJOURNED: 2 : 15 P.M. PRESIDING: George, Hermanson , Vice-Chairman 9. 30 A.M. Patrick Neale, Chairman ADDENDA TO THE AGENDA: NONE APPROVAL OF MINUTES: NONE n Page 1 ENVIRONMENTAL ADVISORY BOARD DECEMBER 2 , 1991 n ****** ITEM: Legal interpretation concerning Environmental Impact Statement (EIS) waivers. COMMENTS: A response to the EAB's request to the County Legal Department has not been received by Project Review Services Staff. Susan Hebel Watts, requested to have this legal opinion for January EAB meeting. ****** ITEM: Consent Agenda COMMENTS: George Hermanson, EAB will decide on question of consent agenda or not at next EAB meeting. ****** ITEM: Workshop from compliance. COMMENTS: Workshop will be placed on January Agenda. ****** PETITION NO. PUD-84-35(1) FILED BY/FOR: Clifford B. Barksdale, P. E. of Collier Development Corporation. REOUESTING: PUD Amendment to "Collier PUD" aka "Courthouse Shadows" . REPRESENTED BY: Richard Henderlong of Collier Development Corporation. Comments: For complete record of the proceedings you are directed the to tape recording of the meeting, located in office of Clerk to Board, 5th Floor, Building "F", Collier County Government Complex. MOTION: Made by Ms. Watts, seconded by Mr. Vidzes and carried 5/0, to approve Petition PUD-84-35 (l) with modified stipulations. Mr. Turrell and Mr. Neale absent. STIPULATIONS: Water Management: 1. An adequate access easement shall be provided for access through the shopping center to Haldeman Creek. Page 2 4 ENVIRONMENTAL ADVISORY BOARD DECEMBER 2, 1991 P-*` 2. Petitioner shall obtain a right-of-way permit for all construction within the Haldeman Creek easement. 3 . Section 5.5 of the PUD document shall be replaced by Stipulations 1 and 2 of this report. Environmental: 1. To maintain existing native vegetation (i.e. remnant mesic hammock area) within the proposed development, no more parking spaces shall be permitted than that shown in an updated cross parking easement and as recorded in public records. 2 . The petitioner shall comply with all environmental ordinances and land development codes in effect at the time of final development order approval(s) . ****** PETITION NO. PUD-91-12 FILED BY/FOR: George L. Varnadoe, Esq. of Young, van Assenderp, Varnadoe & Benton, P.A. , representing Wallace L. Lewis, Jr. REQUESTING: Zoning change from A-2 to PUD for a mixed use (commercial and residential) PUD. REPRESENTED BY: Alan Reynolds of Wilson, Miller, Barton & Peek, Inc. COMMENTS: For complete record of the proceedings you are directed the to tape recording of the meeting, located in office of Clerk to Board, 5th Floor, Building "F", Collier County Government Complex. MOTION: Made by Mr. Vidzes, seconded by Mr. Hermanson and carried 7/0, to approve Petition No. PUD-91-12 with modified stipulations. STIPULATIONS: Water Management: 1. A Big Cypress Basin right-of-way permit allowing discharge into the Airport Canal shall be provided prior to final construction plan approval. Page 3 ENVIRONMENTAL ADVISORY BOARD DECEMBER 2, 1991 2. A minimum twenty (20) foot maintenance easement along the east side of the Airport Canal abutting the property shall be preserved and dedicated as a maintenance easement unless documentation is provided from the Big Cypress Basin indicating that the easement is not required. This easement shall be measured from the top of the bank. Environmental: 1. The following changes shall be made to the proposed PUD document: a) Change 6. 03, A. to read: Petitioner shall be subject to Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code Article 3 . b) Change 6. 03, B. to read: Petitioner shall be subject to Collier County Land Development Code Division 2 .4 and Division 3 .9. c) Delete 6. 03, C. d) Change 6.03 , D. to read: Petitioner shall be subject to Collier County Land Development Code Section 2.2.25. e) Delete 6.03, F. 2. The following addition shall be made to the proposed PUD document Section 6.03 : a) "Prior to preliminary site development plan approval a hazardous waste assessment shall be submitted to the appropriate enforcement agency (Department of Environmental Regulation or Collier County Pollution Control Department) and copied to Project Review Services. ***** PETITION NO. PU-91-1/59.30/59.423 FILED BY/FOR: Robert K. Lockhart of Lockhart Engineering, Inc. , representing Southfield Farms Ltd. , V Page 4 ENVIRONMENTAL ADVISORY BOARD DECEMBER 2 , 1991 ?""1 REQUESTING: Provisional Use "3.a & 3.b" of A-2 zoning for earthmining and related processing and commercial excavation permit approvals REPRESENTED BY: Jack Robson of Southfield Farms Ltd. COMMENTS: For complete record of the proceedings you are directed the to tape recording of the meeting, located in office of Clerk to Board, 5th Floor, Building "F" , Collier County Government Complex. MOTION: Made by Mr. Worsham, seconded by Dr. Martin and failed 3/3, to deny petition PU-91-1/59.30/59.423. Ms. Watts absent for vote. MOTION: Made by Mr. Hermanson, seconded by Mr. Neale and carried 6/0, to continue petition PU-91-1/59.30/59.423 to January 8, 1991 meeting, with only a small presentation to be given and for Ms. Watts to review tape of this meeting. ****** There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board Patrick Neale, Chairman Page 5 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD.COUNCIL.COMMISSION.AUTHORITY.OR COMMITTEE i22E 5, ' Y/ ! , l i1;U %/=QC.- ifI);. Le Li/A_ / MAILING ADDRESS THE BOARD.COUNCIL COMMISSION.AUTHORITY.OR COMMITTEE ON WHICH I SERVLJS A UNIT OF: • a. , — r `' :. • Ct'HYa.COUNTY1 i;OTHER LOCAL AGENCY CITY COUNTY / NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOI E OCCURRED T+ MY POSITION IS: f ` ' - 7/. ( .: :C ELECTIVE :C APPOINTIVE y 4 ✓ • WHO MUST FILE FORM SB This form is for use byany person serving at the county,city,or other local level of government on an appointed or elected board, council,commission,authority,or committee.It applies equally to members of advisory and non-advisory bodies who are presented witha voting conflict of interest under Section 1123143, Florida Statutes. The requirements of this law are mandatory; although the use of this Particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in Which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position.For this reason,please pay close attention to.the instructions on this form before completing the reverse side and filing the form. • -r1 INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.1143, FLORIDA STATUTES ELECTED OFFICERS: - A person holding elective county, municipal,or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a governfnent agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH -1E VOTE WILL BE TAKEN: You shouldcomplete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. LIF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. _�_ DISCLOSURE OF LOCAL OFFICER'S INTEREST r � r- , hereby disclose that on 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain: or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ?IC 4/i ae- J ` r -'v 7/2:c/ ' 4- .—.1 ..% --71C-C.--/- lb 1 /' ( Date Filed Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE Fnukt kiq _ in VA ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF January 8, 1991 I. NAME OF PETITIONER/PROJECT: Petition No. : Provisional Use Petition No. PU-91-1 Commercial Excavation Permits No. 59.30 and No. 59.423 Petition Name: "Southfield Farms Limited", "Bass Pit" and "Dude Pit" Applicant/Developer: Harold Dude, President of Southfield Farms LTD. V Engineering Consultant: Robert K. Lockhart, P.E. Environmental Consultant: Geza Wass De Czege, Southern Biomes II. LOCATION: Section 7 & 18, Township 51 South, Range 27 East; bounded on the north by Fritchey Road and agricultural land, on the east and west by agricultural land and on the south by a junk yard facility. III. PROJECT DESCRIPTION: The petitioner proposes to obtain a provisional use and related excavation permits to complete an earth mining operation on a 203 acre site which began approximately ten (10) years ago, but was abandoned in recent years. Also there will be an excavation of trenches around the earth mining excavation for the purposes of providing raw water supply source for the Marco Island utility company. The proposed lake will consist of 84. 0 acres. The trenches will have an area of 21.5 acres. There will be a 0.5 acre area reserved for the raw water facilities. An area of 8.7 acres will be utilized for processing of excavated materials. The site will preserve a wading bird habitat management area of 28 acres. The remainder of the site will consist of a haul road and open space. The only access to the project site will be from U. S. 41. Plan of Record: Water Management: "Southfield Farms Limited V, Proposed Master Plan Lake Excavation/Earth Mining Operation (Reference county Excavation permit No. 59.80) " and "Southfield Farms Limited V, Proposed Master Plan Trench Excavation/Surface Water Extraction, (Reference County Excavation Permit No. 59.423) ", prepared by Lockhart Engineering, dated April 1991, nine revisions (lake excavation) ; eight revisions (trench excavation) . , a , ♦ 2 EAB Meeting 1/8/1992 Petitions PU-91-1/59.80/59.423 Page 2 Environmental: Same as Water Management. IV. STAFF COMMENTS: Water Management: The subject project property was originally given a Provisional Use Zoning approval and an excavation permit as an earth mining operation in 1979 by the Board of County Commissioners in Collier County. The excavation began in the southern end of the tract in Section 7, but prior to completion of the excavation, the original contractor went out of business. Subsequent excavation work by several contractors involved the stripping of the overburden and hauling of same off-site. It was through this activity that the site was substantially scarred, with natural ground elevation being approximately at elevation 5.0 ft. NGVD. The overburden was removed down to the cap rock at an average elevation of 2.5 ft. NGVD, which resulted in an area of approximately 100 acres that experiences periodic/seasonal flooding due to surface water run-off. These areas were left abandoned with an average of 18 inches of standing water during the wet season and are substantially dry during the dry season. Since early 1988, there has been no activity on-site and the property ownership was acquired in total by the current owner, Southfield Farms Corporation. Due to termination of activity on-site, the current direction being pursued is the re-submission, to all appropriate agencies, for applicable permits. As a result of the previous excavation activities on the site, a large, shallow impoundment with one foot deep, 16 acre lake area and a trench system were created making an ideal habitat for wading and diving birds. A 28 acre area has been proposed as a preserve for wildlife habitat. The Florida Game and Fresh Water Fish Commission (FGFWFC) has been contacted by the petitioner, and prior to any excavation approval, the FGFWFC will provide recommendations and any restrictions of excavation activities during the nesting season. The site will consist of two separate permits; one permit for the trenches for the water withdrawal and the other for the lakes. The applicant has requested two separate permits so that the water withdrawal to Marco Island may begin prior to the completion of the lake. This is feasible because the two excavations will not be interconnected. /-\ EAB Meeting 1/8/1992 Petitions PU-91-1/59.80/59.423 Page 3 The water withdrawal trenches will be excavated in two phases. The first phase will consist of the southerly trench and the second phase will be for the eastern and western trench sections. All excavated material from the trenches will remain on-site until the improvements on U. S. 41 (right turn lane) have been constructed. The permit for the lake will not be issued until the trenches are completed and the road improvements constructed. The existing drainage characteristics of the property include on-site retention of surface water run-off with no direct discharge off-site. There exist off-site flows coming onto site from surrounding agricultural lands. These discharges have been permitted by South Florida Water Management District and the applicant has agreed to continue receiving these flows on the project site. Provisions have been made accordingly. On May 8, 1991, the excavations and the provisional use petition was heard by the Water Management Advisory Board (WMAB) . The WMAB members, as well as concerned property owners adjacent to the project site, raised questions in relation to the potential effects of this activity on the water quality and adjacent ground and water surfaces as well as the haul routing. The WMAB agreed to continue all petitions and not bring them back to the WMAB for two months. On July 10, 1991, the subject petition was heard again only for the provisional use since the information provided before WMAB for the excavations was not adequate enough for Staff to make any kind of recommendations in terms of maximum excavation depths. The WMAB members, as well as adjacent property owners, had concerns regarding any potential effects of the proposed excavation on the properties adjacent to the project site in terms of salt water intrusion, and lowering of the water table and its effects on crop yields and pumping. The WMAB directed Staff to contact the South Florida Water Management District (SFWMD) to discuss the District's review of the water use permit, which has been issued. The adjacent residents were also concerned with where the haul route was going to be located, as well as fencing the site. The WMAB recommended continuing this petition until these concerns were addressed by the petitioner. Following, there is a discussion of each concern brought up by the WMAB. 1. The SFWMD has responded to the County and stated that their permits were issued in accordance with their minimum requirements. 2. The haul route and fencing issues will be stipulated to limit the haul route to U. S. 41. EAB Meeting 1/8/1992 Petitions PU-91-1/59.80/59.423 Page 4 3. The petitioner's consultant for the water quality analysis (Missimer & Associates, Inc. ) has provided the County with an analysis of hydrogeologic impacts resulting from mining and water production on this site. The Collier County hydrogeologist, Dr. Gail Gibson, has been reviewing and interpreting this analysis. The most important questions that have been raised are: To what depth is the excavation safe? What effects would the water pumping have on the surrounding properties? Extent of any salt water intrusion into the water table? 4. In the petitioner's analysis of the geologic data, the Bonita Springs Marl semi-confining layer was interpreted to be of varying thickness across the site, and as being absent across both the northern part and in the central area of the site. This interpretation also placed the depth to the top of this unit as being between approximately 15 and 24 feet below the surface. Dr. Gibson's interpretation of geologic data is that the proposed 30 foot excavation depth would breach the Bonita Springs Marl. The petitioner's analysis showed that under pumping conditions, chloride values of 160 to 200 mg/1 could be expected from upconing beneath the excavation in the presence of a confining unit. The same analysis suggests that chloride values of 200 to 220 mg/1 could be expected in the excavation in the absence of a confining unit. Dr. Gibson's conclusions based on his interpretation of the presence of the Bonita Springs Marl across the site, and the petitioner's interpretation of the extent of the increase in chloride values is that the presence of a continuous layer would serve to retard saline water upconing during pumping. Whereas, a discontinuous layer or absence or otherwise ineffective confining layer would have little or no effect on upconing during pumping. 5. The petitioner's consultant generated a computer model of the generalized effects on the ground water table of the combined maximum permitted withdrawal volumes of the proposed site and the surrounding users. The model illustrates the depression of the water across the modeled area, including the generalized withdrawal locations of the surrounding users and the proposed site. The model also predicts that the radius of the cone of depression at the one (1) foot drawdown contour would be increased by 900 feet. This model was based on generalized information in the form of summarized water usage by section and assuming a central location of all wells within three (3) adjacent sections. EAB Meeting 1/8/1992 Petitions PU-91-1/59.80/59.423 Page 5 Dr. Gibson's analysis of the water quality report, raised questions due to inconsistencies among data, data analysis, and the conclusions based on that data. As an example of these discrepancies, Dr. Gibson related to the safe yield report of August 1990, in which report models (Fig. 5-5) indicated that upconing of saline waters with chloride concentrations of 200 to 220 mg/i could occur, yet the text of that report indicated a maximum value of approximately 190 mg/1 could occur. Discrepancies like these make it very difficult for County Staff to arrive at any kind of recommendations. However, after a period of time of communication between the County and the petitioner, it is recognized the the methodologies used to acquire geologic and hydrogeologic data are generally acknowledged as adequate. Based on this, Staff feel comfortable making a recommendation for this petition. The consultant for the petitioner recommends water quality monitoring for dissolved chloride, conductivity, and pH. The monitoring frequency of once weekly during excavation with dewatering, monthly during excavation without dewatering, and prior to excavation (interval unspecified) was suggested by the consultant. More over, the SFWMD consumptive use permits require ground water monitoring during any withdrawal of water for public consumption. Staff recommends a pre-excavation ground water monitoring program that includes the parameters mentioned above from those sites of the permanent monitoring wells with a minimum of one sampling. The trenches are proposed to be excavated to a depth of 15 feet, which would be to the top of the Bonita springs Marl as interpreted from the Alamo/Saxena (ASC) data. The lake has a proposed excavation depth of 30 feet. This depth would penetrate the entire thickness of the Marl, even at the deepest extent of the top of the unit. Based on this data and interpretation, Staff recommends that the maximum excavation depth be limited to fifteen (15) feet. The stormwater retention system for this project has been designed for a 25-year, 3-day storm event with zero discharge. The water management system meets the requirement of water quality and quantity in accordance with SFWMD. Environmental: Collier County Project Review Services Environmental Staff took petition PU-91-1 to the Environmental Advisory Council (EAC) on April 17, 1991. The petition was presented and reviewed by the EAC with recommendations to include nine stipulations (see recommendations, Environmental) . The following Staff comments are excerpts of the 4/17/1991 EAC staff report. EAB Meeting 1/8/1992 Petitions PU-91-1/59.80/59.423 Page 6 Collier County Project Review Services Environmental Staff, Collier county Environmental Services Hydrogeologists and Florida Game and Fresh Water Fish Commission Staff visited the site on January 14, 1991 and March 1, 1991, and offer the following observations: The subject property is the site of a previously abandoned excavation which has created a functioning wetland with significant wildlife value. The shallow previously mined pit has rock and borrow piled along the edges and scattered throughout the center. A cypress dominated area is located to the northeast of the pit; separated by a berm. Some of the wildlife observed on site visits include woodstorks in large numbers, ospreys, mallard ducks, an immature bald eagle, little blue herons, tricolored herons, snowy egrets, white ibis, red shouldered hawks, American alligators with young, Florida sandhill cranes, great blue herons and greater yellowlegs. The site contains significant habitat for wading and diving birds and foraging raptures. Project Review Services Environmental Staff formally requested a letter of technical assistance from the Florida Game and Fresh Water Fish Commission. That letter recommended mitigation for impacts to listed wildlife species. Staff has included those recommendations as stipulations. This site's proximity to the Collier County Salinity Line (U.S. 41) poses a potential for salt water intrusion under heavy pumping. The applicant is currently addressing this problem with the Collier County Environmental Services hydrogeological staff. V. RECOMMENDATIONS: Staff recommends approval of Commercial Excavation Petition No. 59.423 and Provisional Use Petition No. PU-91-1 "Dude Pit (Trenches) " with the following stipulations: Water Management: 1. The excavation shall be limited to a bottom elevation of -10.0 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to minimum elevation of -4.0 f t. NGVD. EAB Meeting 1/8/1992 Petitions PU-91-1/59.80/59.423 Page 7 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached) . 3. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Review Services for approval prior to the commencement of any dewatering activity on the site. 4. No blasting will be permitted unless issued a separate permit by Collier County Project Review Services. 5. If trees are to be removed as a result of the excavating operation, a vegetation removal permit, required by the Land Development Code shall be obtained from Collier County Project Review Services before work shall commence. 6. All provisions of Collier County Ordinance No. 91-102, Article 3, Division 3.5 shall be adhered to. 7. Copy of South Florida Water Management District construction/operation permit or early work permit shall be provided prior to excavation permit approval. 8. This approval is subject to the approval of the Board of County Commissioners of Provisional Use Petition No. PU-91-1. 9. No Excavation Permit shall be issued until all impact fees have been paid. 10. All stipulations and conditions of Provisional Use Petition PU-91-1 shall be adhered to. 11. No off-site removal of material shall be allowed until right turn lanes are built on U. S. 41 right-of-way. 12. Haul route shall be limited to U.S. 41. 13. Property shall be fenced around its entire perimeter. 14. Prior to excavation permit approval, a water quality monitoring program including, but not limited to dissolved chloride, conductivity, pH and frequency of application shall be submitted to Project Review Services for review and approval. EAB Meeting 1/8/1992 Petitions PU-91-1/59.80/59.423 Page 8 Staff recommends approval of Commercial Excavation Petition No. 59.80 and Provisional Use Petition PU-91-1 "Bass Pit (Lake) " with the following stipulations: 1. The excavation shall be limited to a bottom elevation of -10.0 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to minimum elevation of -4.0 ft. NGVD. 2. A depth greater than 15 feet up to a depth of 20 feet (-10.0 ft. NGVD to -15.0 ft. NGVD) may be permitted upon submission of actual soil borings, in the manner set forth in Article 3, Division 3.5.6. 1.3i of Collier County Ordinance No. 91-102 (Collier County Land Development Code) , plus a soil analysis of the borings for determination of the presence of the Bonita Springs marl. Determination is made in agreement with Collier County Staff and the applicant's professional representative. 3. A depth greater than 20 feet (below -15.0 ft. NGVD) shall require a re-submission to the Environmental Advisory Board and the Board of County Commissioners. 4. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (copy attached) . 5. No blasting will be permitted unless issued a separate permit by Collier County Project Review Services. 6. If trees are to be removed as a result of the excavating operation, a vegetation removal permit, required by the Land Development Code shall be obtained from Collier County Project Review Services before work shall commence. 7. All provisions of Collier County Ordinance No. 91-102, Article 3, Division 3 .5 shall be adhered to. 8. Copy of South Florida Water Management District construction/operation permit or early work permit shall be provided prior to excavation permit approval. 9. This approval is subject to the approval of the Board of County Commissioners of Provisional Use Petition No. PU-91-1. 10. No Excavation Permit shall be issued until all impact fees have been paid. 11. All stipulations and conditions of Provisional Use Petition PU-91-1 shall be adhered to. 12. No dewatering will be allowed for the lake excavation. EAB Meeting 1/8/1992 Petitions PU-91-1/59.80/59.423 Page 9 13. No off-site removal of material shall be allowed until right turn lanes are built on U. S. 41 right-of-way. 14. Haul route shall be limited to U.S. 41. 15. Property shall be fenced around its entire perimeter. 16. Prior to excavation permit approval, a water quality monitoring program including, but not limited to dissolved chloride, conductivity, pH and frequency of application shall be submitted to Project Review Services for review and approval. 17. Off-site flows historically passing through project site shall continue to be conveyed or stored on the project site. Revised plans and calculations shall be submitted for review and approval prior to issuance of excavation permit. Environmental: Staff recommends approval of Provisional Use Petition No. PU-91-1, subject to the following stipulations: 1. An approved wading bird management area shall be established in accordance with Florida Game and Fresh Water Fish Commission (FGFWFC) recommendations in the north one quarter to one half of the proposed borrow pit area unless otherwise agreed upon by FGFWFC and a letter releasing the petitioner of these requirements is submitted to Collier County Project Review Services Environmental Staff prior to issuance of excavation permits. 2. A wading bird habitat management plan shall be developed, approved by Florida Game and Fresh Water Fish Commission, and implemented prior to issuance of excavation permits. Seasonal wading bird use shall be monitored by a qualified environmental consultant to establish success of management area. 3 . Turbidity barriers shall be used between the excavation and wildlife management areas. No water shall be discharged into the management area unless specifically included in management plan by Florida Game and Fresh Water Fish Commission. The barriers shall be clearly indicated on the excavation plans. n EAB Meeting 1/8/1992 Petitions PU-91-1/59.80/59.423 Page 10 4. If the management area is determined to be unsuccessful by the Florida Game and Fresh Water Fish Commission (FGFWFC) , the applicant shall provide, prior to release of excavation bond, in-kind off-site mitigation (i.e. kind purchase) on a 2 : 1 basis, or as approved by FGFWFC. 5. Excavations and rock processing shall not occur within 750 feet of the wading bird management area during woodstork nesting season. Blasting operations shall be restricted to the non-nesting season. 6. The Florida Game and Fresh Water Fish Commission shall be extended the opportunity to review and comment on the final configurations of the excavations, prior to issuance of excavation permits, to ensure that wildlife habitat has been adequately protected, by appropriately designed shelves and slopes. 7. Prior to issuance of excavation permits, the petitioner shall provide an adjacent well survey within the influence of dewatering drawdown. The survey shall include location of wells, uses, depths, withdrawals and predicted effects the project will have on the surrounding wells. Petitioner shall address the potential for saltwater intrusion prior to issuance of permits for the commercial excavation. 8. Prior to issuance of excavation permits an approved groundwater monitoring plan shall be submitted with specified parameters, monitoring schedule, proposed allowable variations and contingency plan if variables exceed their allowable limits. These plans shall be reviewed and approved by Collier County Environmental Services hydrologists. 9. The excavations shall not exceed twenty (20) feet in depth unless it can be demonstrated from a comparative water quality study that depths in excess of twenty (20) feet will not, have a detrimental effect on the groundwater resources in the surrounding area. This determination must be addressed prior to issuance of commercial excavation permits for the site. 10. Prior to issuance of excavation permits, the applicant must perform evening wildlife surveys for the presence of wading bird roosting areas within boundaries of project and solicit management recommendations from the Florida Game and Fresh Water Fish Commission (FGFWFC) . '0-•• The limits of excavation may be revised to comply with the FGFWFC management recommendations. EAB Meeting 1/8/1992 Petitions PU-91-1/59.80/59.423 Page 11 NOTE: Stipulations 1-9 were approved by EAC in the meeting of April 17, 1991. In the event that the Board of County Commissioners denies Commercial Excavation Petition No. 59.80 and 59 .423 , and Provisional Use Petition PU-91-1 "Bass Pit (Lake) "and "Dude Pit (Trenches) " , the following stipulation is recommended by Staff: 1. The owner shall be responsible for clearing and restoring the property of all debris, equipment, stockpiling, etc. from the original excavation permit. Contact with Collier County Project Review Services shall be made in order to obtain the proper permits. PREPARED BY: , 471-1 Juy_C. Adarmes Date Senior Engineer ' Barbara S. Burgeson" Date Environmental Specialist II REVIEWED BY: 40Pocig /-7/�q/4/ Stepha ie R. Smith, P.E. Date Technical Services Supervisor /21/O/ i arbara N. Pr n ski Date Chief Environmental Specialist 1 / / 79/ � 1 Madajews t, P.E. Date oject Review Se vices Manager doc:4592 ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF January 8, 1992 I. NAME OF PETITIONER/PROJECT: Petition No. : PUD-89-29 (1) Petition Name: Livingston Road Country Club Applicant/Developer: Associates of Livingston Road, LTD Engineering Consultant: Christopher D. Hagan, P.E. , Agent Hole, Montes and Associates, Inc. Environmental Consultant: Eric Heald & Associates, Inc. II. LOCATION: Section 11, 12 & 13, Township 48 South, Range 25 East; bounded on the north by Lee County, on the east and on the west by vacant land and on the south by vacant land and Imperial Golf Estates. III. PROJECT DESCRIPTION: The petitioner proposes to amend the PUD document for this project in order to allow agricultural uses only until such time as development commences on the project. This project was approved by the Water Management Advisory Board at the meeting of April 11, 1990. The proposed project will consist of a residential community with an 18 hole golf course, a clubhouse, a commercial tract and the associated roadway, buffer, water management and wetland preserve areas required. The land use is broken down as follows: Golf Course 142. 1 Acres Multi-Family 33.8 Acres Single Family 138.2 Acres Retention Lake 58.5 Acres Wetland Preserve 26. 5 Acres Future R.O.W. 49.6 Acres Interior Roads 5.6 Acres Golf Club 6.2 Acres Golf Maintenance 3 . 6 Acres Commercial 15. 0 Acres Miscellaneous Buffer 2.9 Acres Plan of Record: Water Management: "Water Management Plan, Livingston Road Country Club, Naples Florida" prepared by Hole, Montes and Associates, dated December 7, 1989, no revisions. Environmental: Environmental Impact Statement for Livingston Road Country Club Planned Unit Development dated September, 1990. .. r EAB Meeting 1/8/92 PUD-89-29 (1) Page 2 Two letters from Hole, Montes and Associates, Inc. dated November 19, 1991 and November 22, 1991. IV. STAFF COMMENTS: Water Management: The proposed water management system consists of 56.5 acres of lakes and 165 acres of open space. The project will have two water management systems. One will consist of 395.9 acres north of the east-west Livingston Road and which excludes 26. 5 acres of lakes and wetland preserve. The other system consists of a 10 acres multi-family tract south of the east-west Livingston Road. The 395.9 acres system generated runoff will be collected by various dry swales, culverts and drainage structures and be directed towards the lakes. Runoff will be detained in the lakes for water quality treatment prior to final discharge through the proposed control structure and into the Livingston road drainage system. The control structure is located on the north side of Livingston Road (east-west direction) and will have a limited discharge of 0.04 cfs/acre or 15.8 cfs. The 10 acre multi-family tract consists of 2 .0 acres of lake which will detain for water quality and quantity treatment prior to final discharge through the proposed control structure and into the Livingston Road drainage system. The control structure is located on the southside of Livingston Road east-west direction) and will have a limited discharge of 0.04 cfs/acres or 0.4 cfs. The water levels in the Livingston Road drainage system will be maintained well below the project's control elevation. This project discharges to the Cocohatchee River Basin near its northern most extremity. The water management system meets the requirements of water quality and quantity in accordance with South Florida Water Management District criteria. Environmental: Approximately thirty-eight percent (±38%) of the site has been altered by past farming and residential land uses. The majority of the site remains undeveloped and shows no recent signs of clearing. Since the applicant obtained rezone approval on June 6, 1990, he has placed approximately thirty head of cattle on the site. The cattle have not created any significant environmental changes since the rezone approval. According to the referenced letters from Hole, Montes and Associates, Inc, the applicant does not anticipate any other agricultural activities other than passive cattle grazing. EAB Meeting 1/8/92 PUD-89-29 (1) Page 3 Based on the referenced considerations and the fact that there shall be no proposed land clearing associated with retaining approximately thirty head of cattle on the site, Environmental Staff recommends approval of Petition PUD-89-29 (1) . V. RECOMMENDATIONS: Staff recommends approval of PUD Amendment PUD-89-29 (1) "Livingston Road Country Club P.U.D. " with the following stipulations: Water Management: 1. That all conditions approved by the Water Management Advisory Board at the meeting of April 11, 1991 shall be adhered to. 2 . Section 11. 1.F of the PUD document shall be revised to read "Ordinance 91-102 , Division 3 . 5" instead of "Ordinance No. 88-26" . Environmental: 1. There shall be no land clearing associated with retaining approximately thirty head of cattle on the site. PREPARED BY: fi4/61-' ��� J darmes Date Senior Engineer ,� /°%/q, /2//l/9/ Kimberly f . Polen Date Environmental Specialist II RE -E► BY f if A4 St-ph-nie R. Smith, P.E. Date Technical Services Supervisor y), y ir2/// /9/ arbara N. P �yrfoski Date Chief Environme tal Specialist 44, / • 72-7///7/ J n F. Madaje E i, P.E. Date oject Review ervices Manager c:4610 # f Naples Hole,Montes&Associates,Inc. Ft.Myers Engineers I Planners I Surveyors Bonita Springs T\ ;� December 17, 1991 PLANN1 4'1. Mr. Raymond V. Bellows, Project Planner Collier County Planning Review Services 2800 North Horseshoe Drive Naples, Florida 33942-6917 RE: Livingston Road County Club PUD-89-21 HMA File No. 88.126 Dear Mr. Bellows: This is to inform you that I have reviewed the Project Review Services report and stipulations for the EAB meeting tentatively set for January 8, 1992, regarding the above project. As a result of this review, I concur with the County staff's report and stipulations. Very truly yours, HOLE, MONTES & ASSOCIATES, INC. ait4,(4)/ Robert L. Duane, A.I.C.P. Planning Director RLD/ng • iI 715 Tenth Street South,Post Office Box 1586 I Naples,Florida 33939 I (813)262-4617 / FAX(813)262-3074 it DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: EAB Members FROM: Barbara N. Prynoskila Chief Environmental Specialist DATE: January 2, 1992 RE: EAB Ordinance No. 91-68/EIS Issues Enclosed please find the legal interpretation of Collier County Ordinance No. 91-68, specifically addressing the requirement of the EAB to review all petitions requiring an Environmental Impact Statement (EIS) , including those petitions meeting the criteria for an EIS exemption per the Collier County Land Development Code Division 3 . 8 . It appears that EIS exempt petitions are not "required" to be reviewed by the EAB. At the January 8, 1992 EAB meeting, it is requested that the EAB direct Staff as to whether the Board will not be reviewing EIS exempt petitions or that it will review them as: (i) regular agenda items; (ii) administrative approvals; or (iii) consent agenda items. Please note that petitions meeting the EIS exemption criteria may have water management concerns. I hope that this response adequately addresses your inquiry. Thank you. BNP/ew/doc: 4691 cc: John F. Madajewski, Project Review Services Manager Stephanie R. Smith, Technical Services Supervisor EAB Binder Chrono File f7VED • SECREVIEW 3 0 i9i MEMORANDUM T UJECT SER DATE: December 27, 1991 VICES TO: Barbara N. Prynoski, Chief Environmental Specialist, Development Services Department, Community Development Services Division FROM: David C. Weigel, Assistant County Attorney/00* RE: RLS Item #DPR11089101, regarding the EAB Ordinance, No. 91-68/EIS Issues You have indicated that the Environmental Advisory Board has requested a legal interpretation concerning its duties pursuant to Collier County Ordinance No. ! 91-68, the EAB Ordinance, and particularly, section 6 thereof, which provides that, "The Environmental Advisory Board shall review all land development petitions which require an Environmental Impact Statement. . ." Specifically, the question is: "Are petitions which meet the criteria for an EIS exemption per Collier County Land Development n Code Division 3 .8 required to be heard by the EAB?" In response to the foregoing issue and questions, it is my opinion that the language of Ordinance No. 91-68 should be afforded the normal meaning of the words, taken in conjunction with the requirements of the Collier County Land Development ' Code, Division 3 .8, as applicable. Section 3.8.3 of the Code provides specific requirements when an environmental impact statement shall be required prior to any type of building permit, conditional use, zoning change, planting, development, site alteration, etc. , shall occur to real property. Section 3.8.9 of the Code also provides for exemptions from the requirement of providing an EIS, such exemptions being applicable to and modifying the otherwise absolute requirement of an EIS pursuant to Section 3 .8.3 of the Code, which includes the acreage threshold and other criteria. Therefore, any land development petitions which do not require an environmental impact statement pursuant to the Collier County Land Development Code, Section 3 .8.9 as applied to Section 3.8.3, shall not be reviewed by the Environmental Advisory Board pursuant to Ordinance No. 91-68, absent other criteria which would bring such petitions before the EAB. Section Two of Ordinance No. 91-68 does provide for the EAB to function as an environmental impact statement (EIS) appeal board pursuant to Collier County Ordinance No. 77-66, which has been superseded by the Land Development Code, Division 3.8. In this manner, the EAB shall still be involved with those land development petitions/matters for which an appeal is triggered pursuant to the provisions of The Collier County Land Development Code, Division 3 .8. I hope the forgoing information and opinion is of assistance to you. If you should have any further questions in this regard, please feel free to contact me. cc: Kenneth B. Cuyler, County Attorney John Madajewski Stephanie Smith dcw/js/3850 e"\ ,-\ RESOLUTION NO. 91-795 A RESOLUTION APPROVING THE TERMS OF OFFICE FOR MEMBERS OF THE ENVIRONMENTAL ADVISORY BOARD j WHEREAS, Collier County Ordinance No. 91-68 creating the Environmental Advisory Board provides that the Advisory Board shall consist of seven (7) members; and WHEREAS, the Board of County Commissioners on September 24, • 1991 adopted Resolution No. 91-666 appointing seven (7) ¶nembers to the Environmental Advisory Board; and .for• -- WHEREAS, Resolution No. 91-666 provides that the Board of County Commissioners by separate Resolution shall approve the initial terms of office for the members of the Environmental Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board of County Commissioner hereby approves the following initial terms of office for the seven (7) members appointed to the Environmental Advisory Board: George H. Hermanson - term commencing on September 24, 1991 and expiring on September 30, 1994. :Patrick H. Neale - term commencing on September 24, 1991 and • expiring on September 30, 1993. Fred Vidzes- term commencing nn September 24,-.1991 _and expiring on September 30, 1992. Eric D. Worsham - term commencing on September 24, 1991 and expiring on September 30, 1994. . Dr. John W. Martin, Jr. - term commencing on September 24, 1991 and expiring on September 30, 1993. Todd T. Turrell - term commencing on September 24, 1991 and expiring on September 30, 1995. Susan Rebel Watts - term commencing on September 24, 1991 and expiring on September 30, 1992. This Resolution adopted after motion, second and majority vote. DATED:01 December 3, 1991 ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GIT,ES, CLERK COLLIER COUNTY, FLORIDA BY: /2 . PATRICIA ANNE GOOD HT ./App owed as to fo and CHAIRMAN "legal sufficiency: Kenneth B. Cuyl County Attorney ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF JANUARY 8, 1992 I. NAME OF PETITIONER/PROJECT: Petition No. : Special Treatment Permit ST-91-13 Petition Name: Clam Pass Mitigation Project Applicant/Developer: Collier County Government Engineering Consultant: Jerry Neal, Engineering Project Manager, Office of Capital Projects Management Environmental Consultant: Gary L. Beardsley, Tropical Environmental Consultants II. LOCATION: Section 9, Township 49 South, Range 25 East; bounded on the north, south and east by Outer Clam Pass and on the west by the Gulf of Mexico. Section 17 and 20, Township 48 South, Range 25 East; bounded on the north and east by Wiggins Pass Waterway, on the south by Delnor-Wiggins State Recreation Area, and on the west by the Gulf of Mexico. III. PROJECT DESCRIPTION: The petitioner proposes to provide mitigation for the removal of part of the Outer Clam Bay mangrove community which was related to the construction of a boardwalk facility, allowing public access to the public beach facilities south of Clam Pass. Collier County is required to perform mitigation in accordance with the Consent Order signed by the Department of Environmental Regulation (DER) and the Board of County Commissioners (BCC) . Plan of Record: Environmental: Clam Pass Mitigation Bid No. 91-1800 and Addendum No. 1 dated November 19, 1991. IV. STAFF COMMENTS: Environmental: Two separate locations are being proposed/considered by the County for mitigation, Clam Pass County Park and Delnor-Wiggins Pass State Recreation Area (Attachment "A") . The Clam Pass site is n within the previously cleared area next to the public beach facilities. The Wiggins Pass site is along the western shore of the Vanderbilt Channel between the Water Turkey Bay and the Cocohatchee River. EAB Meeting 1/8/92 ST-91-13 Page 2 The scope of this project is to plant approximately 1, 000 mangrove trees at the Clam Pass site and to plant about 5, 500 mangrove trees at the Wiggins Pass site. After the planting of the trees, the applicant will be responsible to have at least an 80% survival rate of the plants he has installed. The applicant is to perform a monitoring program for three (3) years to insure the survival rate of the plants. Due to the nature of the DER permit conditions and the Consent Order, this project must meet two criteria; 1) that 4 ,400 mangrove trees be planted, and 2) that $8,200 be sent to DER for environmental enhancement performed in lieu of a monetary penalty to resolve a violation. The final quantity of mangrove trees and Spartina patens planted will be based on the above stipulations. V. RECOMMENDATIONS: Staff recommends approval of Special Treatment Petition ST-91-13 with the following stipulations. Environmental: 1. All mitigation shall be completed in accordance with the -- Clam Pass Mitigation Bid No. 91-1800 and Addendum No. 1 dated November 19, 1991. 2 . If it is necessary for vehicles to be on the Clam Pass Beach to perform the mitigation activities, petitioner shall apply for an Exemption Certificate for a Vehicle on the Beach, subject to the review and approval by the Project Review Services Environmental Staff, prior to any construction activity. PREPARED BY: //,-4(-47-4 ,1 / 1 / ;7/ 1 / Kimberly J. PO Date Environmental Specialist II REVIEWED B • 4-4444.--- "��yJ,t / / Q/9/ Barbara N. Pry ogki Date Chief Environmental Specialist 1 �- i g/ J n F. Madajewsk'' P.E. Date P oject Review Se ices Manager EAB Meeting 1/8/92 PUD-87-48 (1) /SMP-91-8 Page 2 LAND USE SUMMARY Symbol Description Approved Acreages R-1 Residential 74 . 5 R-2 Residential 42 . 0 GCO Golf Course & Open Space 104 . 7 CH Creek Hammock 23 . 0 L Lake 44 .2 Road ROW/Easement 23 . 6 50 ft. wide ROW 1. 5 PREPARED BY: ' -izi^e>"1//r c;? — Kimberly J.-::% en Date Environmental Specialist II REVIEWED BY: 6/Ict-it4-77• 4/71-6 Barbara N. Prynski Date Chief Environmental Specialist / • /L1/ 4 J n F. Madajews g , P.E. Date P cpject Review S:7vices Manager ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 paragraph 6. He noted that the environmental staff did review the site, and when the rezoning was addressed, staff followed the SFWMD jurisdictional boundaries. He stated that he cannot see how con- _ cerns for this 146 acres would effect or challenge a document that provided for 11 ,000 acres of pre- servation land in 1982 . Mr. Addison commented that the petition will need legal review and will need to be addressed at the September, 1991 , EAC meeting. Mr. Turrell concurred with Mr. Addison and suggested that the petitioner submit any requested information to the Conservancy. He noted that the petitioner needs to work with the Conservancy and resolve the concerns that have been related. Dr. Martin commented that with data still being researched on the impact of electromagnetic fields, he suggested that the petitioner provide infor- mation on whether there is a concern regarding the proposed recreation area on the subject property. ***** *** Recessed: 9:50 A.M. - Reconvened: 10:05 A.M. *** ***** PETITION NO. PUD-87-48(1)/SMP-91-8 FILED BY/FOR: Alan D. Reynolds, AICP of Wilson, Miller, Barton & Peek, Inc. , representing Southampton Development Corp. REQUESTING: A PUD Amendment and Subdivision Master Plan appro- val for "Southampton @ Naples" REPRESENTED BY: Alan D. Reynolds COMMENTS: .._ . -•_,---__.. __-_�_...__ amenumCii l w a,. CAiJ b�ay _1 i' "Southampton PUD" , and the companion .is an SMP. He commented that the subject property is 113 . 5 acres . and is located south of Immokalee Road and west of Airport Road. He advised that the approved PUD is residential with a golf course. He described the modifications to the original PUD to include the Page 8 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 relocation of the entrance from Immokalee Road to the East, routing changes to the golf course for holes 10 through 18, a relocation of the club site, elimination of an aqua-range, the residential • acreage has been reduced, the golf course open space and lake acreages have been increased, and the Creek Hammock system has been further defined in terms of the jurisdictional wetland and upland components with the acreage changing slightly and a change to the crossing locations of this system. He related that the proposed changes will enhance the property. He pointed out that the proposed changes have recognized the significance of the Creek Hammock system and ought to be retained. He explained that in addition to the 17 .7 acres of wetlands which are DER jurisdictional, upland acreage has been identified to be included in the land use designation called Creek Hammock. He pointed out that the environmental impacts are all positive. He specified that the projects storm- water will be reintroduced into the creek which will bring flowing water back to the system when possible. He informed that the exotic plant life will be removed from the wetlands. He reported that the proposed water management for the project will be controlled at a higher level of elevation than the wetlands since the wetlands cannot be controlled by the project because they are DER jurisdictional. He provided for the council mem- bers the specific water elevation levels throughout the creek system and the proposed control system to be used. He remarked that all permitting agencies have agreed with the proposed system. He advised that they will work closely with the environmental staff on this project. He noted that there is one stipulation that the petitioner does not agree with. Environmental Specialist Polen concurred that the most distinct feature on the subject site is the Creek Hammock area. She noted that with the pro- posed boardwalk system, the exotic plant life will be controlled on the site. She related that there is some concern as to the upland habitat on-site. She specified that while walking on the property she came across ten active gopher tortoises and there probably are more as is mentioned in more detail in her staff report.•- In regards to the water elevation levels proposed, Ms. Polen informed A Page 9 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 that they are standard stipulations based on the Comprehensive Plan. Mr. Addison questioned how much flexibility the petitioner did have in order to accommodate the concerns regarding the gopher tortoises? Mr . Reynolds responded that there is quite a bit of flexibility with the golf course. He advised that they will survey the property for the active gopher tortoises nests and where necessary relocate them. He added that in addition to this, the petitioner plans on doing extensive tree location work where possible. He informed that they do not anticipate any problems with the Florida Game and Fresh Water Fish Commission on this project. Dr. Martin concurred with the concerns regarding the general habitat . He questioned how the peti- tioner will address the sludge issue since basin two in the past has been identified as a sludge disposal site. He also questioned where the material will go that is cleared from the creek bottom and what will be provided for base flow should it not rain for a day or two? Mr. Reynolds commented that the creek system is not intended to be disturbed and any actual impact will be at the road crossings. He noted that any trees that cannot be retained, the County's policy 6 . 5 will be followed. In regards to the sludge issue, Mr. Reynolds informed that this has been reviewed and found to be of little concern because the material organic. He advised that regarding the creek flow, it will be virtually impossible to create a constant flow although the lake system will be kept at the highest possible and discharged into the system. He added that they will do what they can within the permitting authority that they have. Dr. Martin requested the data information on the old sludge. Mr. Reynolds affirmed that he will provide all information available on the sludge. In reference to staff 's stipulations, Mr. Reynolds stated that the proposed changes have been reviewed by staff and concurrence has been reached on all but one. He provided to the council members an Page 10 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 agreement sheet (not provided for the record) noting the changes. He pointed out that the one stipulation that has not been agreed to with staff is stipulation 7. He noted that the concern with this stipulation is highly technical and can be addressed with staff during the construction plan review process. He advised that they are proposing to eliminate stipulation 7 ; however, there is pro- posed modified language that may be satisfactory to the petitioner and staff . He cited that there is no problem with the second sentence of this stipu- lation and is willing to leave this part of the stipulation in the agreement sheet . He explained the problem with the first sentence is that the petitioner does not have any control over the water elevations within the wetland systems. He added that this is a unique situation and the standard stipulation of using biological indicators does not apply. He suggested that the control elevations be set in accordance with the requirements of the South Florida Water Management District and review with staff at the time of construction plan review. In response to Ms. Polen, Mr. Reynolds informed that the water management system for the lakes involve separate basins for each versus a cascading system downward. He pointed out that this system has been endorsed by the staff and the Water Management Board previously. Ms. Polen stated that as to the requested changes by the petitioner to the stipulations, staff agrees with the terminology changes to stipulations 3 and 4 . She informed that staff would like the language to stipulation 9 to read, "The proposed boardwalk located within the jurisdictional wetland shall be elevated and shall meander to avoid the clearing of any protected trees and shall be approved by Pro- ject Review Services - Environmental Staff, in accordance with requirements of the FDER and Corps permits. " She explained that this will require stipulation 1 to be changed to read, " . . . all federal and state jurisdictional determinations and permits, . . . " Stipulation 10, she cited, should read, "The native vegetation, specifically oaks greater than 4 inches in diameter at breast height and cabbage palms that cannot be retained shall be evaluated by the project landscape architect, and Project Review Services - Environmental Staff in Page 11 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 accordance to the guidelines of policy 6.51 of the Conservation and Coastal Management Element of the Growth Management Plan. " She noted that in regards to stipulation 7, staff feels that SFWMD criteria should be considered as well as the Collier County Comprehensive Plan, policies 6. 2 . 13 and 6. 2 . 14, for review and approval by staff. Environmental Specialist Prynoski suggested that the language for stipulation 7 read, "The control elevation shall be established which provide hydro- periods that reasonably assure successful restora- tion, preservation, and/or enhancement of the wetlands. Control structure elevation deter- mination shall be supported with engineering and biological data to include but not be limited to lichen line elevations. " Mr. Reynolds agreed to the changes suggested by staff . MOTION: Made by Mr. Turrell, seconded by Mr. Addison and carried 3/0, to approve Petition PUD-87-48(1)/SMP-91-8, subject to the stipulations as amended, as follows: STIPULATIONS: 1 . The applicant shall submit, prior to final construction plan/plat approvals, all federal and state jurisdictional determinations and permits, species of special status surveys, waivers/exemption determinations that may relate to or effect the design and layout of said construction plan or plat. 2 . Design of the golf course layout, buildings and associated structures, and infrastructure shall be adjusted, where applicable, to comply with the requirements of the ACOE, DER, and FGFWFC. 3 . A minimum of twenty-five (25) percent of the entire site's native vegetation shall be retained as required by. Collier County Ordinance No. 75-21 as amended by Ordinance No. 89-58. Areas of retention (preservation) shall include jurisdictional wetlands, approved mitigation areas, oak island preser- f Page 12 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 ves (as per PUD-87-48) , creek hammock buffers (as per PUD-87-48) and required gopher tor- toise habitat . All areas shall be designated on the construction plans/site development plans. 4. Jurisdictional wetlands, mitigation areas, oak island preserves, creek hammock buffers and required gopher tortoise habitat shall be designated as conservation/preserve tracts or easements on all construction plans and shall be recorded on the plat with protective cove- nants as per Chapter 704.06 of the Florida Statutes. 5 . All proposed mitigation for wetland impacts to Collier County Jurisdictional Wetlands shall comply with Appendix 7 of the South Florida Water Management District rules and be subject to review and approval by Project Review Services - Environmental Staff. Proposed wetland mitigation shall first be considered on site and contiguous to and within the creek hammock, but in no case may mitigation be less 1' than a 1 .5 : 1 area ratio. 6. A minimum separation distance between pro- tected wetlands and proposed lake(s) shall be two hundred (200) feet unless: (1 ) soil or other data such as lichen lines, water marks, etc. , clearly show that water table elevations in the wetlands will not be adversely affec- ted; or (2) if the control elevation of adja- cent lakes is set to correspond to elevations of the referenced biological indicators; or (3) if the 200 feet separation distance is waived by South Florida Water Management District. 7 . The control elevation shall be established which provide hydroperiods that reasonably assure successful restoration, preservation, and/or enhancement of the wetlands. Control structure elevation determination shall be supported with engineering and biological data to include but not be limited to lichen line elevations. 8 . Littoral zones of lakes shall maintain a slope of 1 :4 to a depth of 4 feet. The slopes of Page 13 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 21 , 1991 lake shores adjacent to the Conservation Area shall be more gradual . A slope 1 : 10 is recom- mended in such areas to prevent destabiliza- tion of sensitive habitats. All littoral zones shall be revegetated with native aquatic species, and the encroachment of exotic vege- tation in these areas shall be controlled. 9. The proposed boardwalk located within the Jurisdictional Wetland shall be elevated and shall meander to avoid the clearing of any protected trees and shall be approved by Project Review Services - Environmental Staff , in accordance with requirements of the FDER and Corps permits.'" 10 . Native vegetation, specifically oaks over four (4) inches in diameter at breast height and cabbage palms that cannot be retained shall be evaluated by the project landscape architect, and Project Review Services - Environmental Staff, in accordance to the guidelines of Policy 6.51 of the Conservation and Coastal Management Element of the Growth Management Plan. 11 . Protected plant species sighted prior to or during construction and that are in the line of construction, shall be protected from injury and/or relocated on-site, to the creek hammock buffer areas or landscape areas. 12 . An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation areas, shall be submitted to Project Review Services - Environmental Staff for review and approval prior to final site plan/construction plan approval . ***** ITEM: NEW BUSINESS: Proposed Coastal Barrier Management Plan COMMENTS: Natural Resources Director Santos stated that this is presented for final action on the Coastal Zone Management Plan. He noted •that there have been three public workshopsbefore the EAC and at the s Page 14 COLI .R COUNTY TRANSPORTATION SI ICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions. which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer. and bikepath . shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2 . Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 88-26 and Right-of-Way Ordinance No. 82-91. 3 . Off-site removal of excavated material shall be subject to Ordinance No. 85-55 (Road Impact Ordinance) . A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 85-55 shall be paid prior to the issuance of an excavation permit. 4.- The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measure to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. ..r .1.t• _.i'?.a •;,r., ro�•i..e •iSya.--+'t',_^.L.+ \_ _ - S*!.u.-i•. ..'—�n.i-.. a.' ...._ .. ... __ -_ • • 6. Based on soil boring information per Ordinance No. 88-26, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance 88-12 are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the County Engineer. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the County Engineer. D. The right of the County to suspend and/or revoke blasting permit authority should be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 82-91, Ordinance No. 85-55, and Ordinance No. 88-12. doc. 2636 Reference to letter of 5/24/88 Revised 3/90 • SRS/mh • • • n�v-:-�-�:/: ..::�s �:� _�'�;_�:k_. :. _��.r--=,-..fir:-r,,m�.�....,..:._•... - '^.� \._ .:n .. ... .' sem _�•<....,n. _ -.... _.. __ '✓:!�: .._,.... .._ -_ ., ' ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF JANUARY 8, 1992 I. NAME OF PETITIONER/PROJECT: Petition No. : Planned Unit Development Amendment Petition No. PUD-87-48 (1) and Subdivision Master Plan Petition No. SMP-91-8 Petition Name: "Southampton at Naples" Applicant/Developer: Alan D. Reynolds, AICP; Wilson, Miller, Barton and Peek, Inc. Engineering Consultant: Anupam Saxena, E.I and D. S. Saxena, P.E. ; Alamo/Sazena Consultants, Inc. II. LOCATION: Section 26, Township 48 South, Range 25 East; bounded on the west by North Naples Community Park and South Winds Estates, on the north by Green Tree Shopping Center, and on the south by Victoria Park. III. PROJECT DESCRIPTION: /'\ During the August 21, 1991, Environmental Advisory Council (EAC) meeting, the EAC members reviewed Petition No. PUD-87-48 (1) /SMP-91-8 and requested that the petitioner address the sludge issue since basin two in the past has been identified as a sludge disposal site. Alan Reynolds affirmed that he would provide all information available on the sludge for the EAC members to review (See Attachment A) . Plan of Record: Environmental: Report on Hollow-Stem Auger Borings - Southampton Site prepared by Alamo/Saxena Consultants, Inc. dated December 17, 1991. IV. STAFF COMMENTS: Environmental: The "Southampton at Naples PUD" rezone petition, R-87-48, was approved on June 14, 1987 by Ordinance No. 88-53 and amended on October 8, 1991 by Ordinance No. 91-96. Also on October 8, 1991 the companion petition SMP-91-8 was approved by Resolution No. 91-701. Development of the project has not been initiated. The following table describes the approved land uses. DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: David Weigel Assistant County Attorney FROM: Barbara N. Prynoski .1?)0f) Chief Environmental Specialist DATE: December 11, 1991 • RE: Environmental Advisory Board The Environmental Advisory Board members have requested that a representative from the County Attorney's Office be present at the January 8 , 1992 meeting. They also requested that Project Review Services Staff inquire as to the status of the legal interpretation requested in their behalf on November 7 , 1991 (see attached) . Thank you. BNP/ew/doc: 4635 Attachment cc: Chrono File C� �11.ic,fY I 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 X% Pnl i r_i pg 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-91-15, "North Park Center" Section 21, Township 48 South, Range 25 East Collier County, Florida Page 1 of 2 • + ✓, DISCUSSION kr- EAB direction to Staff on project: Commercial Excavation Permit No. 59.80 "Bass Pit" n Commercial Excavation Permit No. 59.423 Pit" Provisional Use Petition No. "Dude Sections 7 & South, "Southfield East Farms Limited" Collier County, Townshipd51 South, Range 27 East y, Florida. V. ADJOURNMENT ***** ************************************************* NOTES: ***************** A. [Board Members] : Notify PROJECT REVIEW (643-8470) no later than 5 P.M. on SERVICES 1991, if you cannot attend this meeting ory ifNyou have, conflict and thus will abstain ng you particular petition. voting on a B. [General Publico] ; An enaof Any person who decides to appeal a this board will need a of proceedings pertaining thereto; and thereforeord may needthe lure that a verbatim record of the proc which record includes the testimonyandeevide is mapo, which the appeal is to be based, evidence upon ****************************************************************** Page 2 of 2 - MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD /"4, DATE:' November 6 , 1991 TIME: 9 : 00 A.M. PLACE : 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAB STAFF PRESENT Hermanson X Adarmes X Martin Abs. Boldt X Neale X Nino X Turrell Abs. Pettrow X Vidzes X Polen X Watts X Prynoski X Worsham X Reischl X Scheff X Worsham X MINUTES BY: Ellie Hoffman and Annette Guevin, Deputy Clerks CALLED TO ORDER AT: 9 : 00 A.M. ADJOURNED: 1 : 00 P.M. PRESIDING : Patrick Neale, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES : None Page 1 ENVIRONMENTAL ADVISORY BOARD NOVEMBER 6, 1991 *** ITEM: Election of Chairman and Vice Chairman COMMENTS: Mr . Neale announced that he would be willing to serve as Chairman of the EAB. Consensus of the Board was that Patrick Neale serve as Chairman. MOTION: Made by Mr. Vidzes to nominate George Hermanson as Vice Chairman. Seconded by Mr. Neale. Carried 5/0. *** ITEM: Terms of Members Determined COMMENTS: Lots were drawn at this time to determine the terms of the members as follows: Susan Watts through 9/30/92 Eric Worsham through 9/30/94 Fred Vidzes through 9/30/92 Patrick Neale through 9/30/93 George Hermanson through 9/30/94 Todd Turrell through 9/30/95 John Martin through 9/30/93 *** ITEM: Policies and Procedures COMMENTS: Chief Environmental Specialist Prynoski provided the members with a copy of an organizational chart . She advised that Earlene Weber is the staff person to be contacted, two days prior to a meeting, in the event that a member is unable to attend. Ms. Prynoski handed out the Conservation & Coastal Management Element of the Growth Management Plan. She explained that the Land Development Code will replace the free standing Environmental Ordinances, noting that staff will furnish copies of same upon finalization. Ms. Prynoski recommended that the EAB meetings be conducted in the same manner as that of the former EAC. She suggested that the petitioner make a pre- "-. Page 2 ENVIRONMENTAL ADVISORY BOARD NOVEMBER 6, 1991 sentation, detailing pertinent information for con- sideration, followed up with staff providing technical information relative to policies, codes and ordinances . A discussion ensued with respect to the format of the staff report which combines water management and environmental comments and concerns and conclu- des with the stipulations. Ms. Prynoski suggested that any comments relative to any changes in the format be forwarded to staff . In addition, she requested that if any changes are desired with regard to the format of the agenda, staff be so advised. Mr . Neale suggested that if specific ordinances or Statutes are cited in staff ' s recommendations, that the language relative to same be provided to the EAB members. Mr . Hermanson remarked that the information pro- vided in the Water Management Advisory Board packets was very adequate. He called attention to environmental references, i . e. jurisdictional wetlands, etc . and pointed out that it would be helpful if the quality of those wetlands as viewed by other agencies could be provided. Ms . Prynoski advised that any available information will be provided, however, if information is not available, it will be so stated in the staff report that the petitioner has not received juris- dictional determination from Federal or State agen- cies. Mr. Worsham stated that photographs are very help- ful since it is very difficult to visualize various issues from staff ' s report . Ms. Prynoski reported that agenda packets will be mailed to each member one week prior to the meeting. It was the consensus of the Board that a staff member from the County Attorney' s office attend the next meeting to respond to legal questions. *** Page 3 ENVIRONMENTAL ADVISORY BOARD NOVEMBER 6, 1991 PETITION NO. PUD-83-18 (1 ) , DOA-91-2, and SMP-91-12 FILED BY/FOR: Mr. William R. Vines, representing Ashley M. Papineau, Partner, Tollgate Commercial Center, A Florida Partnership REQUESTING: A Planned Unit Development Amendment , Development Order Amendment and Subdivision Master Plan REPRESENTED BY: Mr . William R. Vines COMMENTS: Mr. Vidzes advised that due to a conflict , he will abstain from voting on this project . Mr. William Vines explained that the three peti- tions relate to an existing under development pro- ject at the intersection of 1-75 and CR-951 . He revealed that the purpose of this application is to expand the acreage as a result of the southern boundary of the project which was the old Alligator Alley entrance to the old toll booth. He indicated that this will expand the project from 70 acres to 100 acres. In addition, he reported that the ori- ginal project was a DRI/PUD approved in 1984 and subject to wetland permitting. He announced that the permitting rules changed after 1984 which necessitates a modification to the Master Plan. Mr. Vines stated that DER, and the Corps have issued permits, and noted that the Master Plan has been amended to conform with the State and Federal permits. Mr . Vines voiced concurrence with staff ' s stipula- tions as referenced in the staff report , but requested clarification of Environmental Stipulation #3 . He advised that the control struc- ture levels were set some time ago and the water management plan is subject to an issued Water Management District permit and development to date has occurred in connection with the approved plan and control elevations. He related that the wetland restoration/creation activities that are required are related to those existing control ele- vations. He noted that the objective of Stipulation #3 has been satisfied, however, the control elevations are set and are not to be set . Environmental Specialist Polen stated that the pro- ject site lies within the Belle Meade/Henderson Page 4 ENVIRONMENTAL ADVISORY BOARD NOVEMBER 6, 1991 Creek Watershed of the Rookery Bay Aquatic Preserve. She indicated that the natural drainage of the site is in a sheet flow to the south- southwest across the site and ground elevations within the project site range from 9. 7 to 11 . 8 feet above mean sea level . She remarked that this year ' s seasonal high water elevation appears to be reaching its maximum at around + 10 . 8 NGVD(s) . Ms. Polen advised that the petitioner has opted to fill the original wetland retention area that was in the PUD of approximately 13 acres and is now substituting created wetlands of 11 . 5 acres. She noted that the wetlands have been designed with a 9 . 4 feet water elevation control . She cited that staff desires to ensure that the areas downstream as well as upstream will continue to restore the hydroperiods of those areas. Mr. Craig Smith, of Kevin Erwin, Consulting Ecologists, stated that this project is surrounded on three sides by roadways. He indicated that the historical drainage through the site has been disrupted and no longer functions as it did before Alligator Alley y was put through and before I-75 was constructed to the north. In addition, he noted that the project should not be designed to function perfectly as it is now, but rather to function after the project is built . He indicated that determination must be made as to what the water levels will be post development , noting that those are dictated by earlier permits which has been established to be 9 . 4 feet . Mr . Neale suggested that Stipulation #3 be modified to read: "Within the parameters set by the Corps of Engineers, DER, and South Florida Water Management District , control elevations shall be established which provide hydroperiods that reaso- nably assure successful restoration/preservation and/or enhancement of the wetlands . " Mr . Vines affirmed that he has no problem with the language as suggested by Mr . Neale, but this sub- ject has been satisfactorily dealt with relating to Corps, DER and the Water Management District . He stated if the County has a different view which would result in changing the previously approved permits, this would be impossible. He indicated Page 5 ENVIRONMENTAL ADVISORY BOARD NOVEMBER 6, 1991 that the language suggests the petitioner do what has already been done. Ms. Polen reported that if the ground elevation could be controlled to approximately 10 feet , hydroperiods could be restored down the line. Mr . Hermanson suggested that the language reflect "Created on-site wetlands shall be set in accor- dance with the applicable regulatory agencies. " There were no speakers. MOTION: Made by Mr. Hermanson to recommend approval of Petitions PUD-83-18(1) , DOA-91-2 and SMP-91-12, subject to staff's stipulations and the modifica- tion of Stipulation #3 to read: "On-site wetlands shall be constructed in accordance with the approved permits issued by the State and Federal jurisdictional agencies. " Seconded by Ms. Watts. Carried 4/0 (Mr. Vidzes abstained) . *** Recessed: 10: 20 A.M. - Reconvened: 10: 30 A.M. at which time Deputy Clerk Guevin replaced Deputy Clerk Hoffman *** PETITION NO. PUD-91-10 and SMP-91-14 "The Falls of Naples" FILED BY/FOR: Reed Jarvi , P.E. , of Agnoli , Barber and Brundage, Inc . , and Turrell and Associates, Inc . , for Ronald Ferrin, General Partner, The Falls, Ltd. REQUESTING: Rezone and Subdivision Master Plan approval REPRESENTED BY: Reed Jarvi and Michael Fernandez of Agnoli, Barber and Brundage, Inc . COMMENTS: Mr. Fernandez indicated the Petitioner is in agreement with Staff ' s stipulations with the excep- tion of Environmental Stipulation #2 . He requested that it be modified to allow mitigation to occur in one well-functioning, contiguous piece in the southern portion of the property. Patrick Neale suggested the last sentence of Stipu- lation #2 be changed to read, "Proposed wetland mitigation shall first be considered on site and contiguous to the wetlands located in the south- western corner of the site. " Page 6 ENVIRONMENTAL ADVISORY BOARD NOVEMBER 6, 1991 Mr . Fernandez indicated that would be acceptable to the Petitioner . It was also accepted by Kim Polen, Environmental Specialist for the County. MOTION: Made by Mr. Vidzes to recommend approval of PUD-91-10 and SMP-91-14 subject to the Staff Stipulations listed in the Staff Report and with the above modification to Environmental Stipulation *2. Seconded by Ms. Watts. Carried 5/0. ***** PETITION NO. PUD-91-8 and SMP-91-7 FILED BY/FOR: David S. Wilkison, P. E. , of Wilkison and Associates, Inc . , and Turrell & Associates for Robert Roberts Estate REQUESTING: Rezone and Subdivision Master plan Approval REPRESENTED BY: Dallas Townsend and David Wilkison COMMENTS : Mr. Townsend stated the petitioner has no comments or objections to Staff ' s stipulations and asked for approval . Mr . Worsham requested that the word "Museum" be added after "Collier County" in 7 . 1A of the Special Conditions section of the PUD Document , to identify the entity the historic site would be donated to . Mr . Neale recommended the phrase be worded "Collier County Museum or its designee" . MOTION: Made by Ms. Watts to recommend approval of PUD-91-8 and SMP-91-7 subject to the Staff Stipulations and the above modification to the PUD Document. Seconded by Mr. Hermanson. Carried 5/0. ***** PETITION NO. PUD-89-31 ( 1 ) and SMP-91-15 North Park Center FILED BY/FOR: Reed Jarvi , P.E. , of Agnoli , Barber & Brundage, Eric Heald Associates, Inc . , and Geo Science, Inc . , for Dayton Hudson Corporation - Target Stores Division Page 7 ENVIRONMENTAL ADVISORY BOARD NOVEMBER 6, 1991 REQUESTING: PUD Amendment and Subdivision Master Plan approval REPRESENTED BY: Michael Fernandez and Reed Jarvi COMMENTS: Mr. Neale left the meeting during discussion of this item. Mr. Fernandez provided the Board with an Open Space Analysis for the North Park Center . He proposed alternative language to the Water Management and Environmental Stipulations as proposed by Staff . After lengthy discussion, Technical Services Supervisor Stephanie Smith clarified that Stipulations #1 , #2 and #3 under Water Management will remain as listed in the Staff Report , and Stipulation #4 will be added as follows: "It is the intent of North Park Center to utilize an off site water management facility within the Beachway PUD. This water management area will be in a dedi- cated easement that will be shown on the North Park Center plat . The easement can be subsequently modified subject to Staff approval and/or Board of County Commissioners approval Pp provided its func- tional performance is maintained. " Mr . Worsham proposed additional language within Stipulation #1 under Environmental , and added Stipulation #4 to allow credit toward the required landscaping but not toward the requirement to retain 1546 of existing native habitat on site. MOTION: Made by Mr. Worsham to recommend approval of PUD-89-31 (1) and SMP-91-15 subject to the stipula- tions as amended above and the additional stipula tions. Seconded by Mr. Vidzes, Carried 4/0. ***** ITEM: Discussion regarding Commercial Excavation Permit Nos. 59. 80 and 59 . 423 and Petition PU-91-1 , "Southfield Farms Limited" COMMENTS: It was the consensus that the above items will be placed on the agenda for December 4, 1991 . ***** Page 8 ENVIRONMENTAL ADVISORY BOARD NOVEMBER 6, 1991 ITEM: Assistant County Attorney Weigel briefed members on Florida' s Sunshine Law and general procedural mat- ters. ***** There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY BOARD Patrick Neale, Chairman Page 9 ITEM NO. : DATE RECEIVED: FILE NO. : ROUTED TO: DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES Date: 11/7/1991 To: Office of the County Attorney, Attention: DAVID C. WEIGEL From: Barbara N. Prynoski, Chief Environmental Specialist PROJECT REVIEW SERVICES SECTION, Development Services Department, Community Development Services Division. Re: Ordinance No. 91-68 (EAB Ordinance) Section Six: Scope of Land Development Project Reviews "The Environmental Advisory Board shall review all land development petitions which require an Environmental Impact Statement. . . BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate) . The EAB, on 11/6/1991, requested a legal interpretation of the above subject. Are petitions, which meet the acreage threshold requiring an environmental impact statement (EIS) (but qualify for an EIS waiver) required to be presented before the EAB? Copy attached. (Are there documents or other information needed to review this matter? If yes, attach and reference this information) . This item has not been previously submitted. (If previously submitted provide County Attorney's Office file no. ) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services. ) Rendering of an interpretation. Are petitions which meet the criteria for an EIS exemption per Collier County Land Development Code Division 3 .8 required to be heard by the EAB? OTHER COMMENTS: Return to the attn. of EARLENE WEBER, PROJECT REVIEW SERVICES (643-8470) This interpretation is needed before the next EAB meeting of December 4, 1991. cc Frank Brutt, Community Development Services Administrator