EAC Agenda 02/05/1992 COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
FEBRUARY 5, 1992: 9:00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F"
I. ROLL CALL
II. APPROVAL OF MINUTES--January 8, 1992
III. ADDENDA
IV. ADMINISTRATIVE APPROVAL AGENDA
V. REGULAR AGENDA
A. Special Treatment Development Permit No. ST-92-1
"Louis B. & Irene F. Riney"
Section 24, Township 53 South, Range 29 East
Collier County, Florida
B. Special Treatment Development Permit No. ST-92-2
"Barry & Theresa Fouts"
Section 24, Township 53 South, Range 29 East
Collier County, Florida
C. Rezone Petition No. PUD-91-14
"Bear Creek"
Section 2, Township 49 South, Range 25 East
Collier County, Florida
B. Planned Unit Development Amendment Petition No.
PUD-84-20(2)
"Lely Resort"
Section 21, Township 50 South, Range 26 East
Collier County, Florida
VI. OLD BUSINESS
A. Workshop - Environmental Enforcement of Stipulations
placed on petitions by Environmental Advisory Board.
VII. NEW BUSINESS
PAGE 1 OF 2
AA". VIII. ADJOURNMENT
IX. WORKSHOP
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NOTES:
A. [Board Members] : Notify PROJECT REVIEW SERVICES (643-8470) no
later than 5 P.M. on Monday February 3, 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.
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PAGE 2 OF 2
MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: January 8, 1992
TIME: 9: 00 A.M.
PLACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center, Naples, Florida
EAB STAFF PRESENT
Martin X Arrived 9: 12 Smith X
Worsham X Prynoski X
Turrell X Adarmes X
Neale X Burgeson X
Watts X Reischl
Vidzes X Polen X
Hermanson X Bateman
MINUTES BY: Earlene M. Weber, Secretary II
Project Review Services
CALLED TO ORDER AT: 9: 08 A.M. ADJOURNED: 1:20 P.M.
PRESIDING: Patrick Neale, Chairman
ADDENDA TO THE AGENDA: Agenda re-arranged.
Discussion by David Weigel, Assistant
County Attorney of November comments by
himself to EAB taken first.
V. Regular Agenda - items re-arranged and
VI.B. inserted in regular agenda.
Items heard in the following order:
A. PUD-89-29 (1)
B. ST-91-13
C. PUD-87-48 (1)
D. PU-91-1/59.80/59.423
APPROVAL OF MINUTES: November 6, 1991
APPROVAL OF MINUTES: December 4, 1991
Page 1
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ENVIRONMENTAL ADVISORY BOARD JANUARY 8, 1992
******
ITEM: Policies and Procedures
COMMENTS: David Weigel, Assistant County Attorney addressed
Board concerning any questions on Policies and
Procedures he explained at November EAB meeting.
******
PETITION NO. PUD-89-29 (1)
FILED BY/FOR: Christopher D. Hagan, P.E. of Hole, Montes and
Associates, Inc. , representing Associates of
Livingston Road, LTD.
REQUESTING: PUD amendment to the "Livingston Road PUD" .
REPRESENTED BY: Robert Duane of Hole, Montes and Associates, Inc.
COMMENTS: For a complete record of the proceedings reader is
directed to the tape recording of this meeting,
located in the office of the Clerk to the Board, 5th
Floor, Building "F" , Collier County, Government
n Complex.
MOTION: Made by Ms. Watts, seconded by Mr. Worsham and
carried 6/1, to approve Petition PUD-89-29 (1) with
modified stipulations. Mr. Hermanson abstained from
voting.
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
or any other agricultural use on the site.
******
Page 2
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ENVIRONMENTAL ADVISORY BOARD JANUARY 8, 1992
PETITION NO. ST-91-13
FILED BY/FOR: Jerry Neal, Office of Capital Projects; representing
Collier County Board of County Commissioners
REQUESTING: A special treatment permit for mitigation work in
connection with the construction of a boardwalk
facility at the Clam Pass County Park.
REPRESENTED BY: No presentation was made.
COMMENTS: For a complete record of the proceedings reader is
directed to the tape recording of this meeting,
located in the office of the Clerk to the Board, 5th
Floor, Building "F" , Collier County, Government
Complex.
MOTION: Made by Mr. Vidzes, seconded by Mr. Martin and
carried 7/0 to approve Petition No. ST-91-13 with
Staff's stipulations.
STIPULATIONS:
Environmental:
n
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.
******
PETITION NO. PUD-87-48 (1) /SMP-91-8
FILED BY/FOR: Alan D. Reynolds, AICP; Wilson, Miller, Barton and
Peek, Inc.
REQUESTING: Provided report on Hollow-Stem Auger Borings for the
Southampton Site as requested by Environmental
Advisory Council meeting of 8/21/1991.
REPRESENTED BY: Kim Kobza and D. S. Saxena, P.E.
Page 3
ENVIRONMENTAL ADVISORY BOARD JANUARY 8, 1992
COMMENTS: For a complete record of the proceedings reader is
directed to the tape recording of this meeting,
located in the office of the Clerk to the Board, 5th
Floor, Building "F" , Collier County, Government
Complex.
MOTION: No Board action needed. Report accepted as
provided.
******
PETITION NO. PU-91-1/59.80/59.423
FILED BY/FOR: Robert K. Lockhart of Lockhart Engineering, Inc. ,
representing Southfield Farms Ltd. , V
REOUESTING: 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 a complete record of the proceedings reader is
directed to the tape recording of this meeting,
located in the office of the Clerk to the Board, 5th
Floor, Building "F" , Collier County, Government
Complex.
MOTION: Made by Mr. Hermanson, seconded by Mr. Vidzes and
carried 4/3, to approve Petitions No.
PU-91-1/59.80/59.423 with Staff' s stipulations and
one additional stipulation (No. 15) which applies to
commercial excavation number 59.423.
Voted yes: Vidzes, Watts, Hermanson and Neale.
Voted no: Turrell, Worsham and Martin.
Note: The stipulation of monitoring required by EAB
was already reflected in Staff' s stipulations of
both excavations.
STIPULATIONS:
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:
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ENVIRONMENTAL ADVISORY BOARD JANUARY 8, 1992
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 ft.
NGVD.
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.
Page 5
ENVIRONMENTAL ADVISORY BOARD JANUARY 8, 1992
r"'t
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.
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
v-� to Project Review Services for review and
approval.
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ENVIRONMENTAL ADVISORY BOARD JANUARY 8, 1992
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.
15. Pumping shall cease at a drawdown level of 2.0
feet and a monitoring program to assure that
these levels are maintained shall be submitted
to Project Review Services for review and
approval prior to issuance of the excavation
permit.
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.
Page 6
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ENVIRONMENTAL ADVISORY BOARD JANUARY 8, 1992
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.
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.
Page 8
ENVIRONMENTAL ADVISORY BOARD JANUARY 8, 1992
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
/"\
Page 9
ENVIRONMENTAL ADVISORY BOARD JANUARY 8, 1992
Game and Fresh Water Fish Commission (FGFWFC) .
The limits of excavation may be revised to
comply with the FGFWFC management
recommendations.
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.
******
ITEM: Discussion of policies and procedures.
Specifically, legal interpretation concerning
Environmental Impact Statement (EIS) waivers and how
they effect petitions heard by the EAB.
COMMENTS: EAB was given written legal interpretation from
David Weigel. Petitions receiving an EIS waiver
would not be required to be heard by EAB. (See
attached. )
******
ITEM: Consent Agenda/Administrative Agenda
COMMENTS: Board agreed to an Administrative Agenda for
petitions which have received an EIS waiver but have
water management concerns relating to lake
excavations. The Board directed Staff to place
items which receive a waiver to the preparation of
an EIS, but have environmental concerns which Staff
feels Board should to be aware of on the
Administrative Agenda.
Administrative Agenda items require a letter of
agreement from the applicant to Staff's
stipulations.
/°\ ******
Page 10
ENVIRONMENTAL ADVISORY BOARD JANUARY 8, 1992
ITEM: Workshop - Environmental Enforcement of Stipulations
placed on petitions by Environmental Advisory Board.
COMMENTS: Workshop will be re-scheduled for February Agenda
and placed under Old Business.
******
ITEM: Workshop - Review of drainage feasibility report for
Riviera Golf Estates Unit Four.
PRESENTED BY: John Boldt P.E. , Water Management Department.
COMMENTS: Interval maintenance implemented as soon as
possible. Clean out ditch of vegetation and
blockages.
MOTION: Made by Mr. Vidzes, and seconded by Mr. Turrell and
carried 7/0, that the engineering report be accepted
and submitted to Board of County Commissioners.
There being no further business, the meeting was adjourned by
order of the Chair.
Environmental Advisory Board
Patrick Neale, Chairman
Page 11
REãT70
DEC3 °
►9y►
MEMORANDUM
" 4JECT
REVIEW SERVICES
DATE: December 27, 19 91 �•__._,.`
TO: Barbara N. Prynoski, Chief Environmental Specialist,
Development Services Department,
Community Development Services Division
FROM: David C. Weigel, Assistant County Attorney10*
0\
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
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.
1 '
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
•
• i
P FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST N ME-FIRST NAME-MIDDLE ME
Grh'J44q Spm CQ/j,e. L,!/ .THE BOARD. COUNCtL,COMMISSION;AUTNORIIY, OR COMMITTEE ON
;;"/! WHICH I SERVE ISA UNIT OF:
,.....,k4AILING ADDRE ,� /• ,�(
P D• /�y ! /5-et 7�J `°1 (/ • S. 0 CITY COUNTY OOTHER LOCAL AGENCY 0 STATE - -__
CITY OUNTY
Aar les �/•UNGe. NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WH CH VOTE OCCU RED
6 0//,k iv" ,e,„
NAME OFBOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE -- kh
1
WHO MUST FILE FORM 4
This form is for use by any person serving ori either an appointed or elected board,council, commission, authority, or committee,
whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
interest. .
As the voting conflict requirements for public officers at the-local level differ from the requirements for state officers,this form is divided
into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is
prescribed for all other boards,i.e.,those at the state level. -- __
PART C of the form contains instructions as to when and where this form•t;lust be filed. -
J'''\ - .
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
r [Required by Section 112.3143(3), Florida Statutes(Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government
agency as defined in Section 112.312(2), Florida Statutes)by whom he is retained.
In any such case a local public officer must disclose the conflict:
(a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting;and
(b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from
voting. In such cases, however,the oral and written disclosure of this part must be made.
I,the undersigned local public officer, hereby disclose that on v At"iu r , 19 f2 :
(a) I abstained from voting on a matter which(check one):
inured to my special private gain;or
inured to the special gain of ! /�se�4 -�✓v'�n1SJ j /4'Q4 Z1-", by whom I am retained.
CE FORM 4-REV.I0-84 _ PAGE
F
(b) The measure on which I abstained and the nature of my interest in the measure is as follows: •
�I I Ine.4 • ifrne.. /age? £
//
Date Filed Signature
Please see PART C for instructions on when and where to file this form.
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS
[Required by Section 112.3143(2), Florida Statutes(Supp. 1984).] ,. -
Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B_below within 15_days after the vote occurs. -
I, the undersigned officer of a state agency, hereby disclose that on 19 - ,
(a) I voted on a matter which(check one):
inured to my special private gain;or - ,
inured to the special gain of , by whom I am retair^
(b)The measure on which I voted and the.nature of my interest In the measure is as follows:
Date Filed Signature
Please see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not
be filed merely to indicate the absence of a voting•conflict. •
NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES4112.3j7(198)).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$3.000.
•
•
CE FORM 4-REV.10-84
n ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF FEBRUARY 5 , 1992
I. NAME OF PETITIONER/PROJECT:
Petition No. : ST-92-1
Petition Name: Porch and Dock Construction
Applicant/Developer: Louis B. & Irene F. Riney
Engineering Consultant: N/A
Environmental Consultant: N/A
II. LOCATION:
Section 24, Township 53 South, Range 29 East; Lot 40 of
Plantation Island Mobile Homesites (unrecorded) , Collier County,
Florida.
III. PROJECT DESCRIPTION:
Petitioner proposes the construction of a 12 ' x 16 ' porch and 4 ' x
12 ' dock with an approximately 3 ' wide gangway through an opening
in the mangrove fringe.
Plan of Record:
Environmental:
Site plan drawn by Louis B. Riney and dated 12/30/91.
IV. STAFF COMMENTS:
Environmental:
The lot is within the Big Cypress Area of Critical State Concern.
A mobile home and septic system are currently on site. The porch
is proposed to be built over what is now a mowed portion of the
lot. The dock is proposed to be built through an opening in the
mangrove (Laguncularia racemosa & Rhizophora mangle) fringe. The
opening is approximately 2.5 to 3 feet in width.
V. RECOMMENDATIONS:
Staff recommends approval of special treatment petition ST-92-1
with the following stipulations:
Environmental:
1. Building permit shall be issued only if the Collier County
Land Development Code is amended to allow a minimum of 2500
square feet site alteration.
EAB Meeting 2/5/1992
ST-92-1
Page 2
2 . No mangrove trees shall be destroyed or otherwise altered
(Collier County Land Development Code Section 2 .2 .24.3 .2 .d) .
3 . All exotic vegetation as defined by County Code shall be
removed from the lot and the site shall be maintained exotics
free in perpetuity (Collier County Land Development Code
Section 2 .2 .24 .7 . 4 . 18) .
4 . Permits or letters of no objection from the United States Army
Corps of Engineers, Florida Department of Environmental
Regulation, and Florida Department of Natural Resources shall
be presented prior to issuance of a building permit.
PREPARED BY:
' , •
Fred Reis '. Date
Environmental Specialist II
REVIEWED BY:
Barbara N. Pry ►oski Date
Chief Environmental Specialist
' I J ��
a.
J n F. adajewsk' P.E. Da e
oject Review Se , ices Manager
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF FEBRUARY 5. 1992
I. NAME OF PETITIONER/PROJECT:
Petition No. : ST-92-2
Petition Name: "Fouts Mobile Home"
Applicant/Developer: Barry & Theresa Fouts
Engineering Consultant: N/A
Environmental Consultant: N/A
II. LOCATION:
Section 24, Township 53 South, Range 29 East; Lot 7 Plantation
Island Mobile Homesites (unrecorded) , Collier County, Florida.
III. PROJECT DESCRIPTION:
Subject site is a 60 'x100' (±) parcel zoned MH-ACSC/ST located
within the Big Cypress Area of Critical State Concern. Petitioner
proposes the placement of 90 cubic yards (±) of fill for a 350
square foot driveway and 625 square foot septic system;
construction of a 25 'x45 ' elevated (8 ' ) platform; placement of a
mobile home on the constructed platform; construction of a 4 'x40'
(±) access walkway; and construction of a 6'x12 ' dock in an
unnamed canal which drains into Halfway Creek and then into
Chockoloskee Bay.
Plan of Record:
Environmental:
Site plan, drawn by Barry Fouts, revision dated 6/12/91.
IV. STAFF COMMENTS:
Environmental:
The lot appears to have been created by placement of spoil from
canal dredging. It is vegetated by invasive exotic species;
Brazilian pepper (Schinus terebinthifolius) and Australian pepper
(Casuarina spp. ) and native species; white mangroves (Laguncularia
racemosa) and red mangroves (Rhizophora mangle) along the canal.
The site plan indicates placement of the structures along the
eastern side of the property. In this area, the vegetation is
primarily exotics, and there are several mounds of fill/rock.
Several mangroves exist within the footprint of the proposed
n structures. The easterly adjacent lot has an existing mobile
home, the westerly adjacent lot has no alterations.
EAB Meeting 2/5/1992
ST-92-2
Page 2
The petitioner has been issued the following applicable permits:
Florida Department of Natural Resources - Bureau of Submerged
Lands & Preserves: Authorization to Proceed
U. S. Army Corps of Engineers: Nationwide Permit
Florida Department of Environmental Regulation: Permit #111956895
The Florida Department of Environmental Regulation permit contains
specific conditions, including compliance with State Water
Quality Standards, placement of turbidity screening, and the
restoration of 2500 square feet of melaleuca infested wetlands
within the Big Cypress National Preserve, with monitoring of the
restoration for three consecutive years.
The proposed alterations are located on a portion of the lot which
would have minimal environmental impact.
CCLDC Section 2.2.24.3.2 states that site alteration within an
area of critical state concern shall be limited to ten percent
(10%) of the total site size and that no mangrove trees shall be
destroyed or otherwise altered. An amendment to Section
2.2.24.3 .2 is being proposed which would allow alteration of up
to 2500 square feet of a site.
The proposed mangrove alteration is relatively small and the
proposed mitigation is in an area approved by the superintendent
of the Big Cypress National Preserve. The project cannot qualify
for a variance from the CCLDC, because no variance procedure is
described for alteration of mangroves.
Since final authority for approval of a Special Treatment
Development Permit lies with the Board of County Commissioners,
the petitioner has decided to proceed with the application through
the public hearing process.
V. RECOMMENDATIONS:
Staff recommends denial of special treatment petition ST-92-2,
since no variance criteria are described for alteration of
mangroves.
Should the EAB recommend approval of special treatment petition
ST-92-2 to the Board of County Commissioners, Staff recommends the
following stipulations:
Environmental:
n
1. Building permit shall be issued only if the Collier County
Land Development Code Section 2.2.24 is amended to allow a
minimum of 2500 square feet site alteration.
EAB Meeting 2/5/1992
ST-92-2
Page 3
2 . All exotic vegetation as defined by County Code shall be
removed from the lot and the site shall be maintained exotics
free in perpetuity (Collier County Land Development Code
Section 2 . 2 . 24 . 7. 4 . 18) .
3 . Permits or letters of no objection from the United States Army
Corps of Engineers, Florida Department of Environmental
Regulation, and Florida Department of Natural Resources shall
be presented prior to issuance of a building permit.
4 . The mitigation program described by the Florida Department of
Environmental Regulation permit # 111956895 shall be subject
to inspection and enforcement procedures by Collier County
Compliance Services.
5. A copy of the Surface Use Agreement between the petitioner and
the National Park Service shall be forwarded to Collier County
Compliance Services.
6. The building permit shall be valid only if the Florida
Department of Community Affairs does not appeal the issuance
of the permit.
PREPARED BY:
—/ I
14A) & /4 5',9-
Fred Rei-chl Date
Envi e - ental Specialist II
REVIEWED BY:
Barbara N. Prync ski Date
Chief Environmental Specialist
bz_.
J hn F. adajews i, P.E. Date
roject Review S rvices Manager
{
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF FEBRUARY 5. 1992
I. NAME OF PETITIONER/PROJECT:
Petition No. : PUD-91-14
Petition Name: "Bear Creek"
Applicant/Developer: Bear Creek of Naples, Ltd.
Engineering Consultant: Rory P. Causseaux, P.E.
Environmental Consultant: Lewis Brown Jr. , Architect 1
II. LOCATION:
Section 2, Township 49 South, Range 25 East; bounded on the north
by agricultural land, on the south by Keystone Place PUD, on the
east by Airport-Pulling Road and on the west by a single family
residential area.
III. PROJECT DESCRIPTION:
The petitioner proposes to develop a 8. 573 acre property as a
planned unit development for residential and recreational
facilities. The project is to be developed as an affordable
housing facility, to be used as rental units. The project will
consist of 120 dwelling units on 1.39 acres, paved area on 2.01
acres, 1.5 acres of retention area and 3.67 acres of open space.
Plan of Record:
Water Management:
"Bear Creek Apartments PUD, Conceptual Stormwater Management Plan"
prepared by Lewis Brown Jr. , Architect, dated January 15, 1992,
one revision.
Environmental:
"Bear Creek Apartments PUD", tree survey, prepared by Lewis Brown
Jr. , Architect, dated December 30, 1991, no revisions.
EAB Meeting 2/5/1992
PUD-91-14
Page 2
IV. STAFF COMMENTS:
Water Management:
The proposed water management system consists of inlets and pipes
which will collect and convey the run-off from the site into an
on-site retention/detention pond. A control structure will be
placed on the northeast corner of the site and will discharge into
an existing inlet and piping system located within Airport-Pulling
Road. The existing system is part of the Airport-Pulling Road
drainage system which discharges into the Airport Canal system.
The discharge is being controlled at 0. 06 cfs/acre or 0.51 cfs.
The stormwater system design meets the water quantity and quality
requirements of South Florida Water Management District.
Environmental:
The 8.5 acre parcel is a vacant field with scattered and very
limited vegetation, most of which is either Brazilian pepper
(Schinus terebinthifolius) or Australian pine (Casuarina spp. ) .
There are no environmental concerns on site.
V. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development Petition No.
PUD-91-14 "Bear Creek" with the following 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.
2 . Any work to be done on the existing ditch and berm located on
the west side of the property shall be reviewed and approved
by Project Review Services Staff. Proper documentation
showing that this work will not affect the historical flow of
the area shall be provided prior to final construction plan
approval.
3 . Section 4 . 8 of the PUD document shall be replaced with
stipulations 1 and 2 of this report.
•
EAB Meeting 2/5/1992
PUD-91-14
Page 3
Environmental:
No stipulations.
PREPARED BY:
,11 -. '4
Jax y-Adarmes D to
Senior Engineer
134A6ZVU Jd y'icr.cy‘. i/i (p/Q.Z.
Barbara S. Burgeson Dat
Environmental Specialist II
REVI t
BY:
�.i
, ► 1 -2 /9Z
Stephan ' e R. Smith, P. E. Date
Technical Services Supervisor
•* ---)4,1-1-44--1-
Barbara N. P yiioski Date
Chief Environmental Specialist
A
J4 ' ' it A-41
Jo.' F. Madajewski, 4 .E. Da e
P•• ject Review Serv' es Manager
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF FEBRUARY 5, 1992
I. NAME OF PETITIONER/PROJECT:
Petition No. : PUD-84-20 (2)
Petition Name: "Lely Resort"
Applicant/Developer: Lely Development Corporation
Engineering Consultant: Wilson, Miller, Barton & Peek, Inc.
Environmental Consultant: Craig Schmittler, Wilson, Miller,
Barton & Peek, Inc.
II. LOCATION:
Section 21, Township 50 South, Range 26 East; bounded on the north
by C.R. 864 (Rattlesnake Hammock Road) , on the west by Lely
Estates, on the east by C.R. 951 (Isle of Capri Road) and on the
south by U.S. 41 (Tamiami Trail East) .
III. PROJECT DESCRIPTION:
The petitioner is proposing to amend the Planned Unit Development
n (PUD) document and master plan by relocating and changing the
acreage of various land uses within Lely Resort Community. These
revisions primarily pertain to the master plan with minor changes
to the PUD document. The overall open space in the project has
increased as a direct result of jurisdictional wetland
requirements of the Army Corps of Engineers and South Florida
Water Management District, topographic calculations, vegetation
identifications, water management criteria, market analysis and
projections.
Plan of Record:
Water Management:
"Lely a Resort Community, Water Management Plan - Exhibit G",
prepared by Wilson, Miller, Barton & peek, Inc. , dated July 1991,
no revisions.
Environmental:
1) "Lely a Resort Community" Aerials, Exhibit "F" , dated 1/92.
2) "Lely a Resort Community" Wetland Utilization & Enhancement
Map, Exhibit "L", Revision dated 1/10/92 .
3) "Lely a Resort Community" Jurisdictional Wetlands Map, Exhibit
"K" , Revision dated 1/10/92 .
4) "Lely a Resort Community" Vegetation Map for SW, NW, & NE
quadrants, dated 12/91.
5) "Lely a Resort Community" Aerial with transects - File No.
5C-63A.
6) "Lely a Resort Community" Master Land Use Plan, Exhibit "H",
dated 7/91.
EAB Meeting 2/5/1992
/"1 PUD-84-20(2)
Page 2
7) "Lely a Resort Community" Soils Map, Exhibit "E", dated 4/84.
8) "Lely a Resort Community" topographic Map, Exhibit "C", dated
4/84.
9) "Lely a Resort Community" Native Habitat Impact Map,
Exhibit"M", dated 10/91.
10) "Lely a Resort Community" Environmental Impact Statement,
dated 1/92 .
11) "Lely a Resort Community" Native Vegetation Calculation,
Exhibit "N" .
IV. STAFF COMMENTS:
Water Management:
The water management system for the entire PUD area has received a
conceptual surface water permit from South Florida Water
Management District (SFWMD) . This permit approved the proposed
control elevations and different locations of the discharge
structures. The southeast quadrant of the project area has
received a construction permit from SFWMD and all the stormwater
systems for that area are in place. The north, east and northwest
quadrants have received a construction permit from SFWMD, however
the water management district system has not been completely
built. Some of the lakes still need excavation permits.
A temporary ditch has been built along Lely Cultural Parkway to
accommodate the water quality requirements from Lely Elementary
School. When all the stormwater system on the northeast quadrant
is completed, the ditch can be closed. The southwest quadrant
area has not yet received any construction permits from SFWMD.
The water management system consists of a series of interconnected
lakes which collect water runoff via swales and pipes. The entire
area consists of 2, 892 . 5 acres. The seasonal water table, due to
the size of the area differs throughout the project. As a result,
different control structures have been proposed throughout the
site. The drainage flow follows a north - south direction, and it
ends at the control structure located on the south property line.
The outfall is into the Collier County-4 Canal which runs through
the Eagle Creek subdivision and ends finally in Henderson Creek.
The water management system meets all the requirements for water
quality and water quantity in accordance with SFWMD rules.
Environmental:
Significant changes have occurred since the Development of
Regional Impact (DRI) submittal was received in 1984. Recent
n changes to the boundaries of jurisdictional wetland lines, the
addition of Collier County wetland jurisdictional lines and
updates on wildlife surveys presented the need to address or
update sections of the environmental impact statement (EIS) .
EAB Meeting 2/5/1992
PUD-84-20(2)
Page 3
Staff has reviewed the proposed changes, the EIS and all
supplemental material submitted by the petitioner. The changes to
the preserves and conservation/open space acreage were a direct
result of new Army Corps of Engineers (ACOE) and South Florida
Water Management District (SFWMD) jurisdictional lines Collier
County jurisdictional wetland lines are being established and
mapped at this time.
Staff's major concerns on-site are the protected wildlife issue
and retention of native vegetation or habitat throughout Lely, A
Resort Community. Both are currently under review and discussions
with the petitioner are on going regarding the requirement of
retention of twenty-five percent (25%) native vegetation and the
necessity to provide foraging habitat and cavity tree protection
for red-cockaded woodpecker until such time as a revised
management plan is approved by Florida Game and Fresh Water Fish
Commission (FGFWFC) or no longer a FGFWFC requirement.
V. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development Petition No.
PUD-84-20 (2) "Lely Resort" with the following stipulations:
Water Management:
1. Section 14 . 02D5) a. and 5) c. of the PUD document shall be
deleted.
2 . Section 14 . 02D5)b. of the PUD document shall be revised to
read "Collier County Land Development Code Division 3.5"
instead of "Ordinance No. 80-26 or Ordinance No. 83-3 . "
Environmental:
Added language is underlined.
1. Amend PUD document (page 2-3) 2 .9 to read "Preservation of
Natural Vegetation and Tree Removal"
2 . Amend PUD document (page 11-1) under Conservation/Open Space:
a) 11. 02 (1) "Passive parks. "
b) 11. 02 (5) subject to further review by Collier County
Project Review Services Environmental Staff to ensure that
water management facilities do not degrade or alter the
vegetation or hydroperiod on the conservation/open space
areas.
c) 11. 02 (6) "Recreational shelters and restrooms upon
review and approval of Collier County Project Review
Services. "
d) 11. 02 (7) Delete
EAB Meeting 2/5/1992
PUD-84-20 (2)
Page 4
3 . Amend PUD document (page 11-2) under Conservation/Open Space
a) 11. 03 (1) "Overall site design shall be harmonious with
the areas natural ecological characteristics in terms of
landscaping, enclosure of structures, and location of
buffer areas as determined by the Collier County
• Development Services Director. "
b) 11. 03 (2) Delete
4 . Amend PUD document (Page 12-1) under Cypress Preserve
a) 12 . 2 (4) "Water management facilities and essential
services, subject to further review by Collier County
Project Review Services Environmental Staff to ensure that
water management facilities do not degrade or alter the
vegetation or hydroperiod on the cypress preserve areas. "
5. Amend PUD document (Pages 14-7 and 14-8)
a) G. Environmental:
b) G. (1) Delete and replace with "The petitioner shall be
subject to all environmental reviews and sections
of the Collier County Land Development Code,
Collier County Growth Management Element and their
amendments, at time of Review" .
c) G. (2) Delete and replace with "Prior to any preliminary
approval the petitioner shall submit an approved
plan (map) clearly showing twenty-five (25) percent
native vegetation to be retained on Lely A Resort
PUD" .
d) G. (3) Delete and replace with "Prior to approval of any
proposed development in Collier County
jurisdictional wetlands, the petitioner shall
submit a mitigation plan, for review and approval,
in accordance with South Florida Water Management
District Appendix 7" .
e) G. (4) Delete and replace with "Red Cockaded Woodpecker
(RCW) Habitat preservation required as a result of
the RCW management plans shall be platted in
perpetuity under conservation easement unless
otherwise mitigated on a regional basis and
approved by the Florida Game and Fresh Water Fish
Commission. No jurisdictional wetlands can be
included within the red cockaded woodpecker habitat
preserve areas" .
f) G. (5) "Hammock Areas, as defined on Exhibit F, will be
preserved, with clearing permitted only in those areas
specifically required to facilitate the residential
clusters and limited as much as possible. "
g) G. (7) "Enhancement of the existing low and high level
control on Basin B-2 to the historic levels and verified
by Collier County Project Review Services Environmental
Staff. "
„ - EAB Meeting 2/5/1992
PUD-84-20 (2)
Page 5
h) Add G. (8) "Prior to any final approvals outside of Phase I
and the Classics Golf Course, the petitioner shall submit
protected species surveys and management plans as required
and approved by Florida Game and Fresh Water Fish
Commission. ”
PREPARED BY:
- \/„e /k 1 >42-1 7.-,Z -
Jul darmes D to
Senior Engineer
Lila Q,1. `i3Gcnio nn, J/23/4 z-.
Barbara S. Burgeson O Date
Environmental Specialist II
REVIEWED BY:
i , ,
, .A1 • i 241"
Stephafie R. Smith, P. E. Dat
i/
Technical Services Supervisor
474-11 /P-77/ • /Q---i-it, c1 A L /.,? 3/ 9z
Barbara N. Pryr bski Date
Chief Environmental Specialist
A
J4, 1 / /-
fri
'AI/1 .-
Jo, n F. Madajewski; P.E. Date
P ject Review Ser'. ices Manager