EAC Agenda 03/04/1992 COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
MARCH 4, 1992: 9:00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F"
I. ROLL CALL
II. APPROVAL OF MINUTES--February 5, 1992
III. ADDENDA
IV. ADMINISTRATIVE APPROVAL AGENDA
V. REGULAR AGENDA
A. Rezone Petition No. R-91-11 and Preliminary Subdivision
Plat Petition No. PSP-91-18
"Bayshore Lakes Estates"
Section 23, Township 50 South, Range 25 East
Collier County, Florida
B. Rezone Petition No. PUD-91-11 and Preliminary Subdivision
Plat Petition No. PSP-91-20
"Kensington Park"
Section 13, Township 49 South, Range 25 East
n Collier County, Florida
VI. OLD BUSINESS
A. Land Development Code Amendment - Update
B. Environmental Enforcement
C. Plantation Island
VII. NEW BUSINESS
VIII. ADJOURNMENT
IX. WORKSHOP
A. "Friends of the Bald Eagle" - presentation
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NOTES:
A. [Board Members] : Notify PROJECT REVIEW SERVICES (643-8470) no
later than 5 P.M. on Monday March 2, 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.
***********************************************************************
/0-.•
MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: February 5, 1992
TIME: 9 : 00 A.M.
PLACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center, Naples, Florida
EAB STAFF PRESENT
Martin X Smith
Worsham X Prynoski X
Turrell X Adarmes X
Neale X Burgeson X
Watts X Reischl X
Vidzes X Polen
Hermanson X Bateman X
Nino X
MINUTES BY: Jeffrey Bateman, Senior Engineer
CALLED TO ORDER AT: 9: 07 a.m. ADJOURNED AT: 11:40 a.m.
PRESIDING: Patrick Neale, Chairman
ADDENDA TO THE AGENDA: Agenda was re-arranged by Chairman.
Workshop was moved from Old Business to beginning of meeting
before roll call.
APPROVAL OF MINUTES: JANUARY 8, 1992
Amend minutes: Petition PU-91-1 and Excavation No. 59.423 "Dude
Pit (Trenches) " amend stipulation number 15 to read as follows.
15. Pump rate shall be adjusted so that the drawdown of trenches
will not exceed 2.0 feet below the seasonal water table for
that area 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.
Page 1
ENVIRONMENTAL ADVISORY BOARD FEBRUARY 5, 1992
******
ITEM: WORKSHOP - Environmental Enforcement of Stipulations
placed on petitions by Environmental Advisory Board.
COMMENTS: Mike Kirby and Marco Espinar of Compliance Services
presented workshop.
MOTION: Made by Dr. Martin, seconded by Mr. Hermanson and
carried 7/0, to draft recommendation, to BCC
concerning single family inspections of landscaping.
The EAB would like building inspectors cross trained,
to free environmental investigators for monitoring of
preserves, investigating violations, etc.
******
PETITION NO: ST-92-1
FILED BY/FOR: Louis B. & Irene F. Riney
REOUESTING: A special treatment permit for the construction of a
12 'x16 ' porch and 4 'x12 ' dock with an approximately
3 ' wide gangway through an opening in the mangrove
fringe.
REPRESENTED BY: N/A
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 Ms. Watts, seconded by Mr. Turrell and carried
7/0, to approve Petition ST-92-1 with modified
stipulations.
STIPULATIONS:
1. Building permit shall be issued only if the
Collier County Land Development Code is amended to
allow a maximum of 2500 square feet site
alteration.
2. No mangrove trees shall be destroyed or otherwise
altered (Collier County Land Development Code
Section 2 .2.24.3.2 .d) .
Page 2
ENVIRONMENTAL ADVISORY BOARD FEBRUARY 5, 1992
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) .
******
PETITION NO: ST-92-2
FILED BY/FOR: Barry & Theresa Fouts
REOUESTING: A special treatment permit 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.
REPRESENTED BY: Fred Reischl, Collier County Staff read letter
from Mr. /Mrs. Fouts into record.
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 Ms. Watts, seconded by Mr. Hermanson and
carried 7/0, to approve Petition ST-92-2 with
modified stipulations.
STIPULATIONS:
1. Building permit shall be issued only if the
Collier County Land Development Code Section
2 .2.24 is amended to allow a maximum of 2500
square feet site alteration.
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. 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.
Page 3
ENVIRONMENTAL ADVISORY BOARD FEBRUARY 5, 1992
4. A copy of the Surface Use Agreement between the
petitioner and the National Park Service shall be
forwarded to Collier County Compliance Services.
******
MOTION: Made by Mr. Worsham, seconded by Ms. Watts and carried
7/0, to recommend to the Board of County Commissioners
that the ACSC/ST overlay be removed from the portion
of Plantation Island zoned Mobile Home (MH) .
******
PETITION NO: PUD-91-14
FILED BY/FOR: Bear Creek of Naples, Ltd.
REOUESTING: A zoning change from A-2 to PUD to be known as "Bear
Creek" .
REPRESENTED BY: Mr. Robin Hill
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. Turrell, seconded by Ms. Watts and carried
7/0, to approve Petition PUD-91-14 with Staff's
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.
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.
******
Page 4
ENVIRONMENTAL ADVISORY BOARD FEBRUARY 5, 1992
PETITION NO: PUD-84-20 (2)
FILED BY/FOR: Alan D. Reynolds, of Wilson, Miller, Barton &
Peek, Inc. ; representing "Lely Resort" .
REQUESTING: A PUD amendment to "Lely Resort Community PUD" .
REPRESENTED BY: Alan Reynolds, AICP of Wilson, Miller, Barton and
Peek, 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
Complex.
MOTION: Made by Ms. Watts, seconded by Mr. Hermanson and
carried 7/0, to approve Petition PUD-84-20 (2) with
modified stipulations.
STIPULATIONS:
Water Management:
n 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:
The petitioner shall amend PUD-84-20 document to
incorporate the following language changes which are
agreed upon compromises to original staff
stipulations.
1. 2.09 shall read: "Preservation of Natural
Vegetation and Tree Removal."
2. 11.02 (1) shall read: "Passive Parks, Active
Parks only in development areas approved under
11.02 (7) ."
Page 5
3. 11. 02 (5) shall read: Water management
facilities, lakes, and impoundment area, subject
to further review by Collier County Project Review
Services Environmental Staff to ensure that water
management facilities do not degrade the
vegetation or hydroperiod on the conservation/open
space areas.
4. 11.02 (6) shall read: "Recreational shelters and
restrooms upon review and approval of Collier
County Project review Services."
5. 11. 02 (7)b shall read: "The maximum developed
area in all 'CO' areas shall not exceed 20% of the
total and shall be contiguous to existing approved
development areas."
6. 12 . 02 (4) shall read: 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 the
vegetation or hydroperiod on the Cypress Preserve
areas.
7. 1402 (G) 1 shall read:
1) The following table summarizes native
vegetation to be retained in the Lely Resort
Community:
PR District 172 .5 acres +
CO District 182 .4 acres +
GC #1 41.0 acres +
GC #2 50.3 acres ++
GC #3 20.0 acres +_
Subtotal 466.2 acres
NOTE: ACREAGES AND LAND USE DISTRICTS SHALL BE AS
DEFINED IN COLLIER COUNTY ORDINANCE 85-17 AS
AMENDED.
An additional 45. 6 acres of native vegetation
shall be retained in the CO District, until such
time as the developer elects to utilize Section
11.02 (7) of the PUD that allows for development
of up to 20% of the CO District. At that time the
developer shall demonstrate, as a condition of
Final Approval from Collier County for development
of an "CO" area, that an equivalent amount of
native vegetation has been retained elsewhere in
the project (not including platted single family
lots) to compensate for any permitted CO
development acreage, up to a total of 45.6 acres.
Page 6
8. 14. 02 (G) 2 shall read:
2) Prior to approval of anv proposed development
in jurisdictional wetlands (as determined by_
SFWMD) , the petitioner shall submit a
mitigation plan to Collier County Project
Review Services Environmental Staff for review
and approval, in accordance with South Florida
Water Management District Appendix 7.
9. 14.02 (G) 3 shall read:
3) "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."
10. 1402 (G) 4 shall read:
4) Hammock areas, as identified on DRI Exhibit F,
will be protected given-speeta3-eenstderatten
tn-the-review-of-the-site-e+caring-plans-per
sttpaatten-*.0 with clearing permitted only
in those areas specifically required to
n facilitate the residential clusters and
limited as much as possible.
11. 1402 (G) 5 shall read:
5) "Existing topographical control elevation in
sub-basins C-i and A-5 shall be maintained."
12 . 1402 (G) 6 shall read:
6) "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."
******
There being no further business, the meeting was adjourned by
order of the Chair.
Environmental Advisory Board
Patrick Neale, Chairman
Page 7
4 �
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF MARCH 4. 1992
I. NAME OF PETITIONER/PROJECT:
Petition No. : R-91-11 and PSP-91-18
Petition Name: "Bayshore Lake Estates"
Applicant/Developer: James P. Lennane
Engineering Consultant: David S. Wilkison, P.E.
Environmental Consultant: Turrell and Associates, Inc.
II. LOCATION:
Section 23, Township 50 South, Range 25 East; bounded on the north
by Thomasson Drive, on the east by Bayshore Corners and Bayshore
Drive, on the south by Naples Groves and Truck Co. Little Farms
and on the west by property zoned single family residential and
planned unit development.
III. PROJECT DESCRIPTION:
The petitioner proposes to develop a seventy-nine (79) lot single
family subdivision. A site development plan was previously
approved for this property for a two hundred and three (203)
multi-family unit project in May of 1990. As such, a rezone of
the property from RMF-6 to RSF-5 is being concurrently filed with
this preliminary subdivision plat. The project site will consist
of 14.0 acres of single family lots, 5. 3 acres of right-of-way,
9.6 acres of wetland area, a 3 .2 acre lake, 0.6 acre of open space
and 1.2 acres of recreational area. The total area consists of
33.9 acres.
Plan of Record:
Water Management:
"Bayshore Lake Estates, Master Utilities and Water Management
Plan" prepared by Wilkison and Associates, Inc. , dated 9/18/91,
one revision.
Environmental:
Revised Environmental Impact Statement; October 1991; prepared by
Turrell & Associates, Inc. , and Holly S. Landes Native Concepts.
Bayshore Lakes Estates Subdivision Master Plan; prepared by
Wilkison & Associates, revision dated 12/91.
EAB Meeting 3/4/1992
R-91-11/PSP-91-18
Page 2
IV. STAFF COMMENTS:
Water Management:
The proposed surface water management system of the Bayshore Lakes
Estates subdivision will consist of a combination of a lake and a
wetland area (jurisdictional to the Army Corps of Engineers and
South Florida Water Management District) . This lake and wetland
will receive the runoff from a series of swales and storm sewer
pipes. The commercial out parcel located at the northeast corner
of the site will discharge its runoff into the subject project's
stormwater system. The interconnected lake and wetland will
outfall to a spreader swale located on the periphery of the
preserved marsh (Basin 3) which was previously permitted by the
South Florida Water Management District (SFWMD) . Since the water
management system will utilize the wetlands, a SFWMD modification
permit to the existing system has been obtained.
The outfall will be controlled at a maximum allowable rate of 0.06
cfs/acre or 2 . 03 cfs. The stormwater retention system for this
project has been designed for a 25-year storm event. The water
management system meets the requirement of water quality and
quantity in accordance with SFWMD.
Environmental:
This 33.9 acre site is vegetated primarily by pine flatwoods. Two
borrow pits and a surrounding disturbed area are located on the
northern portion of the parcel. The northwest corner of the
property contains a small (0.8 acre) but healthy cypress head.
The southwest corner contains a freshwater marsh.
Soils on site include primarily Lakeland fine sand, with areas of
Ochopee marl, Charlotte fine sand, and Arzell fine sand.
A nest of a pair of southern bald eagles (Haliaeetus leucocephalus
leucocephalus) lies south of the parcel, and the subject property
appears to be within the secondary nesting zone. No protected
species were observed on site.
The petitioner proposes preservation of the 0.8 acre cypress area
and the southwest marsh. Fill for a road is proposed for 0.29
acres of the marsh surrounding the cypress. Preservation of over
six (6) acres of hydric pine flatwoods surrounding the southwest
marsh is also proposed.
Areas proposed for native vegetation retention comprise over
twenty-five percent (25%) of existing native vegetation.
EAB Meeting 3/4/1992
R-91-11/PSP-91-18
Page 3
V. RECOMMENDATIONS:
Staff recommends approval of rezone petition R-91-11 and
Preliminary Subdivision Plat petition PSP-91-8 with the following
stipulations:
Water Management:
1. For purposes of maintenance and safety, slopes shall not be
steeper than 4: 1. Construction plans shall reflect this
requirement.
Environmental:
1. Wetland preserves shall be surveyed, field verified and
approved by Project Review Services - Environmental Staff
prior to construction plan approval and shall be recorded as
conservation easements on the final plat. Protective
covenants relating to said conservation easements shall be
according to or similar to Section 704.06 Florida Statutes.
2 . Control structures shall be set using both biological
indicators and engineering data. Petitioner shall provide
reasonable assurance for both the uncontrolled and controlled
wetland preserve areas, that successful restoration,
preservation, and/or enhancement of wetlands will be
accomplished and maintained.
3 . A note on the construction plans shall indicate that in
addition to any barricading required by County Code, adequate
fluorescent fencing and turbidity screening shall be placed
around the cypress area during infrastructure construction to
ensure that construction traffic/materials do not directly or
indirectly impact the preserve.
4. Prior to construction plan/plat approval, a letter of no
objection or management plan from Florida Game and Fresh Water
Fish Commission regarding the proposed project as it affects
the southern bald eagle, shall be submitted for review to
Project Review Services - Environmental Staff.
5. Exotic vegetation, as defined by County Code, shall be removed
from the site using methods approved by County Code. An
exotics maintenance plan shall be submitted to and approved by
Project Review Services - Environmental Staff prior to
construction plan/plat approval. The plan shall indicate
methodology, timetables, and the parties responsible for
maintaining the site exotics - free in perpetuity.
EAB Meeting 3/4/1992
R-91-11/PSP-91-18
Page 4
6. Prior to construction plan/plat approval, a management plan
for the preserves, pursuant to Collier County Land Development
Code Section 3 .9 . 5. 3 shall be submitted. The plan shall
include the entity responsible for management.
PREPARED BY:
---:"(I,/ I
July darmes Date
Senior Eng neer
Fred 4-chi Date
Envirental Specialist II
REVIra te
_ /1'' ,ti.:221/0/9 2-
Stepha►ie R. Smith, P.E. Date
Technical Services Supervisor
Ar,,/,-;..-11,_-
TO;.,1-4 yam.- --`1:` /z_
Barbara N. Prynoski Date
Chief Environmental, Specialist
�J n F. adajewslc , P.E. Dai(///qL
Pt ject Review S vices Manager
J
•
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF MARCH 4, 1992
I. NAME OF PETITIONER/PROJECT:
Petition No. : PUD-91-11 and PSP-91-20
Petition Name: "Kensington Park"
Applicant/Developer: John N. Brugger
Engineering Consultant: John P. Asher, P.E. , William C. McAnly
Environmental Consultant: Jeff Adair, Teal Environmental
Consulting Inc.
II. LOCATION:
Section 13, Township 49 South, Range 25 East; bounded on the north
by Pine Ridge Road, on the south by agricultural land, on the east
by agricultural land and Livingston Road, and on the west by the
World Tennis Center, Oxford Village and agricultural land. The
project site is approximately 3 mile east of Airport-Pulling Road.
III. PROJECT DESCRIPTION:
The petitioner proposes to develop a 370 acre site into a
single/multi-family residential development with an 18 hole golf
course and related support facilities. The land breakdown
consists of 126 acres of residential development, 224 acres of
common and recreation area, 16 acres of preserve area and 4 acres
of buffer area.
Plan of Record:
Water Management:
"Kensington Park, Utilities and Drainage Plan" prepared by William
C. McAnly and Associates, P.A. , dated 1/31/92, one revisions.
Environmental:
Environmental Impact Statement prepared by Jeff Adair, Teal
Environmental Consulting Inc. and John Asher, McAnly, Asher &
Associates, P.A. ; revised 2/18/92.
EAB Meeting 3/4/1992
PUD-91-11/PSP-91-20
Page 2
IV. STAFF COMMENTS:
Water Management:
The proposed water management system consists of a series of
interconnected lakes and preserve areas which receive all runoff
from the residential area, roads, golf course and natural areas.
Runoff is collected from the roads and residential areas by catch
basin and culvert systems. Golf course runoff is directed into
the natural areas and swales for conveyance to the lakes or by
direct overland flow into the lake system.
The control structure will be located on the southeast corner of
the property and it will discharge into a proposed ditch which
will run in the west-east direction for a distance a little bit
over a mile, until it reaches the I-75 canal. There is an
existing box culvert under I-75, which connects to the I-75 canal.
The discharge rate will be limited to 0. 06 cfs/acre or 22.2 cfs.
Two 1.5 feet diameter orifices will be used to control the
discharge.
Approximately 300 acres of the project property is presently
operating under a South Florida Water Management District Water
Surface Permit. The petitioner will apply for a modification
permit for the subject petition.
The water management system meets the requirements of water
quality and quantity in accordance with South Florida Water
Management District criteria.
Environmental:
The subject property covers 370 acres near the southeast corner of
Airport road and Pine Ridge Road. approximately 59 acres of the
370 acres are naturally vegetated by pine flatwoods or
jurisdictional wetlands, with the remainder of the property
cleared or previously cleared in association with agricultural
activities. Two Collier County jurisdictional wetlands are
located on site, covering 16. 3 acres. They will be preserved (and
protected with a buffer) and will have the hydroperiod restored or
enhanced by directing increased surface runoff to the existing
wetlands. The petitioner proposes to retain greater than 25% of
the natural vegetation on site.
An environmental site assessment was conducted by Law Engineering
in July, 1990. According to the report, a large irrigation pump
with two large diesel tanks were found near the northwest corner
of the borrow pond and there was evidence of fuel spillage around
EAB Meeting 3/4/1992
PUD-91-11/PSP-91-20
Page 3
one of the tanks. Metal drums were observed, primarily near the
pump and east of the pump. They were unable to determine the
contents of all of the drums, however a few had labels indicating
the previous contents to be styrene, vinyl toluene or acrylic
monomers. The environmental concerns on site lead to two
recommendations, which shall be addressed in staff stipulations.
V. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development Petition No.
PUD-91-11 and Preliminary Subdivision Plat Petition No. PSP-91-20
"Kensington Park" with the following stipulations:
Water Management:
1. Landscaping shall not be placed within the water management
areas unless specifically approved by Project Review Services.
2. The proposed off-site ditch accepting discharge from the site
shall be dedicated as a drainage easement prior to
construction plans approval. Also, documentation shall be
provided which allows the discharge to be conveyed through the
ditch.
3. Prior to construction plans approval, petitioner shall provide
an analysis on the adequacy of the proposed down stream ditch
off-site.
4 . The lakes and wetland locations shall meet the minimum 200 ft.
separation criteria of the South Florida Water Management
District (SFWMD) rules unless the SFWMD approves any
separation less than 200 ft. and written confirmation to that
effect is provided to Project Review Services.
5. The water management stipulations shall be added to Section
7.9 of the PUD document.
Environmental:
1. A twenty-five foot wetland buffer (minimum fifteen feet,
averaging twenty-five feet) shall be provided around both
isolated wetlands.
2. A conservation easement shall be placed over the two
jurisdictional wetlands including buffers prior to final plat
approval, with protective covenants as in, or similar to
Chapter 704.06 of Florida Statutes. These easements shall be
platted.
_ EAB Meeting 3/4/1992
PUD-91-11/PSP-91-20
Page 4
3 . The petitioner shall contact the appropriate staff member of
the Pollution Control Department, for recommendations and or
required actions regarding the hazardous waste assessment done
by Law engineering. Any required action shall be addressed
prior to final plat approval. (Staff will provide a copy of
the environmental assessment to Pollution Control Department. )
PREPARED BY:
/ / /-
-2 /.1C `?
July Adarmes Date
Senior Engineer
t~KlJLl/Ctrl A ,,e! - 4 0J fA'1 c710)&/9;--
Barbara S. Burgeson,,.J Date
Environmental Specialist II
^ REVI .,D :Y: f2,/,
__ , 12___6b 2--
Steph•nie R. Smith, P.E. Date
Technical Services Supervisor
Barbara N. Prynoski Date
Chief Environmental Specialist
‘ # 1 a. / ,,e - - 2-/�--6 Z
J: n F. Madajewsk'( P.E. Date
foject Review Se ices Manager