EAC Agenda 01/06/1993 ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF JANUARY 6, 1993
I. NAME OF PETITIONER/PROJECT:
Petition No. : ST-92-22
Petition Name: Everglades Private Airboat Tours
Applicant/Developer: Mitchell D. & Teresa E. House
II. LOCATION:
Approximately one (1) mile northwest of the U. S. 41 (Tamiami
Trail) and S. R. 29 intersection on the south side of U. S. 41;
Section 26 and 27 , Township 52 South, Range 29 East; Collier
County, Florida.
III. PROJECT DESCRIPTION:
The subject property is zoned Rural Agricultural District with an
Area of Critical State Concern/Sensitive Treatment Overlay
(A-ACSC/ST) . The applicants propose to construct a nine hundred
(900) square foot structure on pilings, to create a parking lot,
to provide a septic tank system and to drill a well for the
purpose of offering private airboat tours available to the
public. By leasing the property the applicants would be able to
police the area and minimize the use of the area by utilizing
specific trails with the airboats.
Plan of Record:
Everglades Private Airboat tours - Environmental Impact Statement
received December 21, 1992 .
IV. STAFF COMMENTS:
A site visit was conducted on December 8 , 1992 by Kimberly J.
Polen of Project Plan Review Environmental Staff and Robert W.
Lord of Current Planning accompanied by the applicants.
The property to be leased consists of approximately two sections
of land which have remained mostly undisturbed with the exception
of a horseshoe shaped borrow pit located in the northeast quadrant
of section 26. The pit was probably created many years ago to
provide additional fill for the construction of the Tamiami Trail.
A remaining spoil area of approximately a quarter of an acre
(±10, 000 square feet) consists of scattered cabbage palm (Sabal
palmetto) , several Brazilian pepper (Schinus terebinthifolius) and
various graminoid species. Surrounding areas consist of brackish
marsh. Cattails (Typha spp. ) dominate the central portion of the
horseshoe.
The applicants propose to impact approximately ± . 02 acres of
brackish marsh wetlands to construct a nine hundred (900) square
foot structure on pilings. Wetland vegetation within the proposed
location consists of primarily cattails.
Staff identified an area on the southern most point which consists
of two small mounds of soil with Brazilian pepper and green
EAB Meeting 1/6/1993
SI-92-22, Page 2
buttonwood (Conocarpus erectus) . These altered areas were
recognized as the best alternative to locate the structure.
Therefore, Staff requested that the applicants provide additional
environmental impact statement information to substantiate their
proposed alternative verses Staff's recommendation (See Section
3 . 8. 6 of the Environmental Impact Statement) .
The applicants are well aware of the environmental sensitivity of
the unique natural system, and have proposed a structure which
reflects this concern. Thus, the construction technique they are
proposing would create the least impact on the wetlands.
V. RECOMMENDATIONS:
Based on the above considerations Staff recommends approval of
Special Treatment Development Permit, ST-92-22 , "Everglades
Private Airboat Tours" with the following stipulations:
1. Permits or letters of exemption from the U. S. Army Corps of
Engineers, Florida Department of Environmental Regulation and
the South Florida Water Management District shall be presented
prior to the issuance of a final site development plan
approval.
2 . Prior to final site development plan approval the applicant
shall submit to Project Plan Review Environmental Staff for
review and approval a Wetland Mitigation and Enhancement Plan.
This plan shall include compensatory measures to offset the
wetland impacts on at least an equal area basis (Collier
County Growth Management Plan - Conservation and Coastal
Management Element Policy 6. 2 .7) .
3 . Prior to a Certificate of Occupancy all exotic vegetation as
defined by the County Land Development Code shall be removed
at a minimum of fifty (50) foot buffer from the approved final
site development plan development footprint. The fifty (50)
foot buffer area and all developed areas shall be maintained
exotics free (Collier County Land Development Code Section
2 . 2 . 24 . 7 . 4 . 18) .
4 . Upon issuance, the building permit is subject to a forty-five
(45) day appeal period by the Florida Department of Community
Affairs.
PREPARED BY:
j j-
/Kiiiberly J. 13 ,//
Environmental'S ecialist II
REVIEWED BY:,J,4,,L,-07
. >,,,,..,,,A, ,..2/,;,,,h,z
Barbara N. Prnoski Date
hief Environment- 1 Spe c alist
ak.
,1 i tat.2d 19 Z
.
hn Fadajewsk P.E. Date
roject Plan Revi� Manager
COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
JANUARY 6, 1993; 9: 00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F"
I. ROLL CALL
II. APPROVAL OF MINUTES--December 2 , 1992
III. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
A. Special Treatment Development Permit Petition No. ST-92-23
"Reather Knighton Residence"
Section 13, Township 52 South, Range 29 East
Collier County, Florida
V. REGULAR AGENDA
A. Special Treatment Development Permit Petition No. ST-92-22
"Everglades Private Airboat Tours"
Section 26 & 27, Township 52 South, Range 29 East
Collier County, Florida
VI. OLD BUSINESS
VII. NEW BUSINESS
VIII. ADJOURNMENT
IX. WORKSHOP
***********************************************************************
NOTES:
A. [Board Members] : Notify PROJECT REVIEW SERVICES (643-8470) no
later than 5 P.M. on Monday January 4, 1993, 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.
***********************************************************************
COMMUNITY DEVELOPMENT SERVICES DIVISION
PROJECT PLAN REVIEW SECTION
MEMORANDUM
TO: Louise Chesonis
Clerk to the Board Office
FROM: Earlene M. Weber
Secretary II
DATE: December 29, 1992
RE: January Environmental Advisory Board (EAB) Meeting
The location of the EAB meeting has been changed for the
January meeting. They will be meeting in the Media Room, on
the first floor of Bldg. F. The meeting starts at 9 : 00 a.m.
as usual and we will need your office to record the meeting
on tape. It will be a very short meeting.
Thank you.
ew/doc: 5694
cc: EAB Binder
Chrono File
MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: December 2 , 1992
TIME: 9 : 00 A.M.
PLACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center, Naples, Florida
EAB STAFF PRESENT
Branan X Adarmes X
Hermanson X Bateman
Neale X Burgeson X
Saadeh X Polen X
Straton X Prynoski X
Turrell Exc. Absence Reischl
Worsham X Smith
Madajewski X
MINUTES BY: Kimberly J. Polen, Environmental Specialist II
CALLED TO ORDER AT: 9 : 02 a.m. ADJOURNED AT: 11: 00 a.m.
PRESIDING: George Hermanson, Chairman
ADDENDA TO THE AGENDA: Request by Mr. Branan for the EAB to
consider a resolution supporting the
proposed Outstanding Water Designation for
the Wiggins Pass/Cocohatchee River Area.
Discussion under Item 7 .
APPROVAL OF MINUTES: November 4 , 1992
Page 1
ENVIRONMENTAL ADVISORY DECEMBER 2 , 1992
******
PETITION NO: Special Treatment Development Permit, ST-92-21
"Florida Power & Light Power Line"
FILED BY/FOR: M. W. Johns, Engineering Supervisor
Florida Power & Light
REQUESTING: An exception to the Special Treatment Development
Permit to allow the installation of new poles for a
power line on property in Sections 13 , 14 and 15,
Township 53 South, Range 34 East, Collier County,
Florida.
REPRESENTED BY: Francisco Orfica
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. Neale, seconded by Mr. Saadeh and
carried 6/0, to approve Petition No. ST-92-21 with
stipulations.
STIPULATIONS:
1. Access shall be limited to the existing cleared
power pole line route.
2 . Prior to the commencement of construction
activities, the petitioner shall obtain any
necessary permits from Florida Department of
Environmental Regulation, South Florida Water
Management District and the Army Corps of
Engineers. A copy of said permit(s) shall be
forwarded to Collier County Project Plan Review.
******
PETITION NO: Exemption Certificate to Coastal Construction
Setback Line, EC-92-1
"Registry Resort Hotel Concession at Collier County
Clam Pass Beach Park"
FILED BY/FOR: Pamela Mac'Kie, Cummings and Lockwood
Page 2
ENVIRONMENTAL ADVISORY DECEMBER 2 , 1992
REQUESTING: The applicant proposes to leave forty (40) beach
cabanas on the beach twenty-four (24) hours per day,
seven (7) days per week in the approximate locations
identified on sketch, during the non-nesting sea
turtle season (November 1 thru April 30) in Section
9, Township 49 South, Range 25 East, Collier County,
Florida
REPRESENTED BY: Dudley Goodlette; Cummings and Lockwood
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. Saadeh, seconded by Mr. Neale and
carried 5/1, to approve Petition No. EC-92-1 with
modified stipulations.
STIPULATIONS:
1. This certificate must be kept on site, and be
available for inspection by County, State and
Federal officials.
2 . This certificate does not obviate the need for
other permits of other County, State and Federal
jurisdictional agencies.
NOTE: Prior to the issuance of this Certificate a
Florida Department of Natural Resources
permit or documentation that a permit is not
required shall be submitted.
3. In the event that the natural beach dynamics
change significantly over a short period of
time, the Project Plan Review Environmental
Staff shall notify the applicant immediately to
discuss possible alternative actions verses the
original permitted action. If one or more of
these alternative actions appears to be more
conducive to the natural beach dynamics, the
applicant shall be required to revise his or her
Exemption Certificate to reflect the most
appropriate action.
4. The activity shall not be on any portion of a
dune or impact on any native coastal vegetation.
Page 3
ENVIRONMENTAL ADVISORY DECEMBER 2 , 1992
5. If any changes of the conditions in the
application or certificate are anticipated,
another application shall be submitted to
Collier County Project Plan Review, and a new
Exemption Certificate shall be obtained prior to
further activity.
6. A deviation from the Exemption Certificate
conditions shall cause to void said certificate.
7. The forty (40) cabanas shall gradually be
replaced by lightweight, portable cabanas by
April 30, 1995. This Exemption Certificate to
the Coastal Construction Setback Line shall
expire on April 30, 1993, 7:00 p.m.
8. A Certificate of Exemption for the Operation of
Vehicles on Collier County Beaches must be
obtained annually in order for this Exemption
Certificate to be applicable. The Certificate
of Exemption for the Operations of Vehicles on
Collier County Beaches shall be renewed,
providing conditions remain unchanged, at no
fee.
9. Additional dune protection fence shall be
installed along the entire length on the beach.
The exact placement of all the dune protection
fences shall be field determined by Collier
County Staff and the environmental consultant
representing the applicant.
10. An ingress and egress path to be utilized for
the operation of an ATV shall be addressed in
the application for a Certificate of Exemption
for the Operation of Vehicles on Collier County
Beaches.
11. All cabanas shall be centered on the beach to
provide clear walking zones (pedestrian travel
lanes) between the existing dune vegetation and
the water.
******
PETITION NO: Rezone Petition No. R-92-8
"East Trail C-4"
FILED BY/FOR: McAnly, Asher and Associates, Inc.
Page 4
ENVIRONMENTAL ADVISORY DECEMBER 2 , 1992
REQUESTING: The petitioner requests to rezone the subject 3 . 02
acre parcel from "A" to "C-4" in Section 29 ,
Township 50 South, Range 26 East, Collier County,
Florida. The petitioner is asking for a full range
of uses allowed by the C-4 zoning district.
REPRESENTED BY: Dwight Nadeau; McAnly, Asher & 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
Complex.
MOTION: Made by Mr. Saadeh, seconded by Mr. Neale and
carried 6/0, to approve Petition No. R-92-8 with
modified stipulations.
STIPULATIONS:
Water Management:
1. The ultimate width of the drainage easement
along the northwest property line, as indicated
by the Collier County Water Management
Department, maybe as much as eighty (80) feet.
There currently exists a twenty (20) foot
easement on the property.
This easement width will have to be increased
with the final width to be determined with the
final design of this project and the proposed
Lely Lakes. The petitioner is therefore put on
notice that additional lands will be required to
be dedicated as a drainage/access easement
during the site development phase of this
project. The petitioner should coordinate their
design with Project Plan Review and the Collier
County Water Management Department.
Environmental:
1. Petitioner shall retain a minimum of 0.5 acres
of existing native habitat on site. The
retained natural canopy understory and
groundcover shall be maintained in perpetuity.
Flexibility in the retainment/preserve areas may
be allowed if during the site development
plan/construction plan reviews such flexibility
is necessary to accommodate both preservation of
habitat and project design.
Page 5
ENVIRONMENTAL ADVISORY DECEMBER 2 , 1992
2. Tree surveys shall be required for all
subsequent final construction plans and or site
development plans submitted to the County for
approval.
******
PETITION NO: Preliminary Subdivision Plat Petition No. PSP-90-16A
"Grey Oaks - Phase One"
Section 24, Township 49 South, Range 25 East,
Collier County, Florida
FILED BY/FOR: Halstatt Partnership
REQUESTING: Petitioner is requesting an amendment to their
subdivision master plan to add another lake (Lake
#19) to the project.
REPRESENTED BY: Emilio Robau; Wilson, Miller, Barton & 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 Mr. Neale, seconded by Mr. Saadeh and
carried 6/0, to approve Petition No. PSP-90-16A with
stipulations.
STIPULATIONS:
Water Management:
1. Detailed paving, grading and site drainage plans
shall be submitted to Project Plan Review for
review. No construction permits shall be issued
unless and until approval of the proposed
construction in accordance with the submitted
plans is granted by Project Plan Review.
2. In accordance with the Rules of the South Florida
Water Management District, (SFWMD) Chapters 40E4
and 40E-40, this project shall be designed for a
storm event of 3-day duration and 25-year return
frequency.
3. Design and construction of all improvements shall
be subject to compliance with the appropriate
provisions of the Collier County Land Development
Code Division 3.2 .
Page 6
ENVIRONMENTAL ADVISORY DECEMBER 2 , 1992
4. An Excavation Permit will be required for the
proposed lake(s) in accordance with Collier
County Ordinance 92-102, Division 3.5 and SFWMD
rules. The lake setbacks, side slopes and depth
shall be in full compliance with Division 3.5, of
the Land Development Code.
5. A copy of SFWMD Permit of Early Work Permit is
required prior to construction plan approval.
6. Landscaping shall not be placed within the water
management areas unless specifically approved by
Project Plan Review.
7. Pursuant to the PUD document, provide an executed
agreement between the applicant and the Big
Cypress Basin regarding the maintenance
regarding the maintenance responsibilities for
Airport Road Canal.
8. The master water management plan identifies a
"landscape" island in the middle of the Airport
Road Canal. Provide documentation from the Big
Cypress Basin stating they have no objection to
this.
9. Prior to final construction plan approval provide
a copy of the South Florida Water Management
District right-of-way permit for water management
facilities being constructed within their
right-of-way.
10. Prior to submission of the construction plans,
provide a copy of the South Florida Water
Management District Conceptual Permit.
Environmental:
1. Water management features (lakes) shall be
controlled at or above the historic mean
high-water elevation of any wetland within two
hundred (200) feet. This elevation shall be
determined from a professional survey utilizing
lichen lines or other biological indicators as
field verified and agreed upon by the applicant's
representative and Collier County Project Plan
Review Manager.
Page 7
ENVIRONMENTAL ADVISORY DECEMBER 2 , 1992
2 . Criteria for establishing wetland rations shall
be determined by Collier County as outlined in
thee Districts "Basis of Review For Surface Water
Management Permit Applications", Chapter 40E-4,
Appendix 7, Isolated Wetlands.
3 . Mitigation plans proposed in wetlands to be
preserved, restored, enhanced shall include a
description of the area (location and size) ,
vegetation proposed to be planted, source of
vegetation (transplantation from impacted areas
preferred) , hydrologic regime, exotic vegetation
removal, monitoring and maintenance program.
Mitigation proposed in upland areas shall
emphasize the retention of existing vegetation
and shall focus on establishment of native
vegetative "communities". Lakes mitigation in
the lakes designated on construction plans shall
include littoral zone plantings of native,
aquatic vegetation.
4. Protective wetland covenants pursuant to Florida
statute, Chapter 704 must occur on the cover of
the plat.
5. All final wetland areas as a result of Collier
County permitting and mitigation and/or as
required to be platted by Army Corps of
Engineers, Department of Environmental
Regulation, South Florida Water Management
District, must be indicated on the plat as a
conservation easement that is dedicated to the
property owners association to be maintained and
monitored per the appropriate agency permit
criteria and to Collier County with no
responsibilities for maintenance.
6. All jurisdictional wetlands may be used for
stormwater retention and all buffers around
protected wetlands must meet SFWMD
specifications.
7 . Documentation of dredge and fill permits shall be
required for any impacts to jurisdictional
wetlands prior to the pre-construction meeting.
Page 8
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF JANUARY 6, 1993
I. NAME OF PETITIONER/PROJECT:
Petition No. : ST-92-23
Petition Name: Reather Knighton Residence
Applicant/Developer: Kenny E. Kinney Jr. , Preesident of
Central Mobile Home Sales
II. LOCATION:
Parcel 38 is the third parcel located west of the Church Street
and the Street C (Brockington Drive) intersection on the south
side of Street C in Copeland; Section 13 , Township 52 South, Range
29 East; Collier County, Florida.
III. PROJECT DESCRIPTION:
The applicant requests an exception to the Special Treatment
Development Permit to allow the replacement of a hurricane damaged
home with a new trailer.
Plan of Record:
Plot plan for Reather Knighton Residence.
IV. STAFF COMMENTS:
The applicant proposes to locate one new structure on previously
altered land that is devoid of vegetation and to demolish an old
existing structure which was impacted by hurricane Andrew in
August 1992 . An exemption to the Environmental Impact Statement
requirement has been granted.
V. RECOMMENDATIONS:
Due to the above considerations Staff recommends administrative
approval of Special Treatment Development Permit, ST-92-23 ,
"Reather Knighton Residence" with the following stipulation:
1. Upon issuance, the building permit is subject to a forty-five
(45) day appeal period by the Florida Department of Community
Affairs.
PREPARED BY: /��
o /
----y
Kimberly J. P Date
Environmental ' pecialist II
REVI ED BY:
/.21.2W9 Z
B.rbara N. Pry os i Date
ief E vironme t%1 Specialist
r Cil i I 1 Z1LL ''L
J an F. Madajewski P.E. Date
roject Plan Revie� Manager