Loading...
EAC Agenda 01/05/1994 COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA JANUARY 5, 1994; 9: 00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F" I. ROLL CALL II . APPROVAL OF MINUTES--December 1, 1993 III . ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA V. REGULAR AGENDA A. Special Treatment Development Permit No. ST-93-14 "Brady Single Family Residence" Section 21, Township 53 South, Range 34 East Collier County, Florida B. Special Treatment Development Permit No. ST-93-15 and Conditional Use Petition No. CU-93-18 "Gator Airboat Tours" Sections 25, 35 & 36, Township 52 South, Range 29 East Collier County, Florida C. Development Excavation Permit No. 59 . 496 "Naples Landfill" Section 36, Township 49 South, Range 26 East Collier County, Florida VI . OLD BUSINESS VII. NEW BUSINESS VIII . ADJOURNMENT IX. WORKSHOP A. Critical Wildlife Area - Sand Dollar Island, presented by Fran Stallings, PhD, Natural Resources Director *********************************************************************** NOTES: A. [Board Members] : Notify PROJECT PLAN REVIEW (643-8470) no later than 5 P.M. on Monday January 3, 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. *********************************************************************** i i t eC t:tmm ENVIRONMENTAL SERVICES DIVISION MEMORANDUM 'LLi 1 6 1993 TO: John Madajewski, Project Plan Review Macri" SERVICES I FROM: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division ----- -�--- --� DATE: 14-Dec-1993 SUBJECT: Sand Dollar Island - Critical Wildlife Area The County Manager has requested that the EAB workshop the issue of the Game and Freshwater Fish Commission's designation of Sand Dollar Island as a Critical Wildlife Area. Accordingly, I request that the topic be reviewed by the EAB at their January 5, 1994 meeting. The Natural Resources Department will provide you an agenda package by 12/23/93 . Please note that EPTAB has been evaluating this issue. The issue is also planned to be heard by the Parks and Recreation Advisory Board. Fran Stallings will be your contact on this item. Please give him a call at 732-2505 if you have any further questions. WDL:pc c: EPTAB members Fran Stallings, Ph.D. , Natural Resources Director Barbara Prynoski, Project Plan Review Environmental Services File MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: December 1, 1993 TIME: 9 : 00 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAB STAFF PRESENT Hermanson Exc. Absence Adarmes X Hinchcliff X Burgeson X Neale X Keene X Saadeh X Lenberger Straton X Madajewski Turrell X Prynoski Wilkison Arrived 9 : 07 Reischl Seal MINUTES BY: Barbara S. Burgeson, Environmental Specialist II CALLED TO ORDER AT: 9 : 04 ADJOURNED AT: 9: 14 PRESIDING: Michel Saadeh, Chairman ADDENDA TO THE AGENDA: APPROVAL OF MINUTES: Unanimous approval of minutes for November 3 , 1993 . Page 1 ENVIRONMENTAL ADVISORY BOARD DECEMBER 1, 1993 ****** PETITION NO: Commercial Excavation No. 59 . 490 Valencia at Orangetree - Lake #4-2 FILED BY/FOR: Robert E. Furlong, P.E. of Wilson, Miller, Barton & Peek, Inc. , representing Orangetree Associates REQUESTING: The petitioner proposes to excavate a 43 . 5 acre lake within Valencia at Orangetree, a future residential and golf course development. The proposed Lake #4-2 contains an existing 3 . 9± acre lake which has previously received final approval by Compliance Services as well as an existing borrow canal. REPRESENTED BY: Robert E. Furlong 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 Ms. Straton and carried 6/0, to approve Commercial Excavation Permit No. 59 . 490 with Staff's stipulations. STIPULATIONS: Water Management: 1. The excavation shall be limited to a bottom elevation of 4 . 0 ft. NGVD. All disturbed areas shall be excavated to a minimum elevation of 4 . 0 ft. NGVD. 2 . Excavated material from the lakes shall not be removed from the property until appropriate road impact fees, based on a site specific impact statement to determine the lane impacts per Ordinance 85-55, have been paid. 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 . The lake littoral zone shall be created and planted as indicated on the Plan of Record. 4 . All provisions of Collier County Ordinance No. 92-73 , Division 3 . 5 shall be adhered to. Page 2 ENVIRONMENTAL ADVISORY BOARD DECEMBER 1, 1993 5 . 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 Plan Review for approval prior to the commencement of any dewatering activity on the site. 6. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. 7 . If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Ordinance No. 92-73 , Division 3 . 9 shall be obtained from Collier County Project Plan Review before work shall commence. 8 . A 20' maintenance easement shall be provided around the perimeter of the lakes and a 20' access easement shall be provided from a right-of-way. The easement shall be provided to Collier County, however, maintenance will be provided by the applicable homeowner's association. 9 . Stockpiling shall be limited to those areas shown on the Plan of Record. If the excavation operation is discontinued for sixty (60) calendar days, the remaining stockpiles shall conform to the following criteria: a. The side slopes shall not be steeper than 4 : 1. b. The stockpile shall be stabilized by seed and mulch. c. If the stockpile exceeds 4 feet in height, 4 foot high fencing shall be provided. 10. A South Florida Water Management District permit shall be obtained prior to issuance of this excavation permit. Environmental: 1. The petitioner shall conduct and submit surveys for burrowing owls, in accordance with Florida Game and Fresh Water Fish Commission guidelines prior to excavation permit issuance. If burrows exist in the location of proposed lakes, Florida Game and Fresh Water Fish Commission shall be Page 3 ENVIRONMENTAL ADVISORY BOARD DECEMBER 1, 1993 consulted for habitat management guidelines and preservation areas. Plans/permits shall be submitted for review and approval to Project Plan Review prior to excavation permit issuance. Such plans shall comply, at minimum, with current Florida Game and Fresh Water Fish Commission guidelines/policies. ****** There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board Michel Saadeh, Chairman Page 4 Item V.A. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF January 5, 1994 I. NAME OF PETITIONER/PROJECT: Petition No. : ST-93-14 Petition Name: "Brady Single Family Residence" Applicant/Developer: Debi Kay Lee, agent for George and Michael Brady II. LOCATION: The parcel is located on Tamiami Trail East (U. S. 41) in Section 21, Township 53 South, Range 34 East; bounded on all sides by the Big Cypress National Preserve. III. PROJECT DESCRIPTION: The subject property is a 2 . 25 acre parcel zoned CON-ACSC/ST on U. S. 41 in the Big Cypress National Preserve. The petitioner proposes to replace an existing mobile home with a modular home, repair and expand an existing septic system, drill a new well and place gravel to extend the present driveway, with alterations limited to 4% of the site. Plan of Record: Environmental: Site plan submitted by Debi Kay Lee dated 5/15/93 , no revisions. IV. STAFF COMMENTS: Environmental: A site inspection was conducted on October 20, 1993 by Stephen Lenberger and Fred Reischl, County Environmental Staff and Debi Lee, agent for the property owners. The property involved is located in a cypress wetland completely within the boundaries of the Big Cypress National Preserve. The dominant vegetation in the surrounding swamp consists mainly of cypress (Taxodium sp. ) , saw grass (Cladium lamaicense) , and maidencane (Panicum hemitomon) . The water in the swamp averaged about a foot deep and various species of fish could be seen in the water. Water clarity was very good. EAB Meeting 1/5/1994 ST-93-14 Page 2 The subject property itself consists of a pre-existing fill area surrounded on three sides by fresh water marsh. The Fill was dry on the south side of the property and inundated with water along its northern half. Vegetation on the north end included sedges (Cyperus spp. ) , cattail (Typha sp. ) , water primrose (Ludwigia spp. ) , water hyssop (Bacopa monnieri) , spikerush (Eleocharis sp. ) , climbing hempvine (Mikania scandens) , willow (Salix sp. ) , arrowhead (Sagittaria sp. ) , Andropogon, wax myrtle (Myrica cerifera) , water dropwort (Qxypolis filiformis) , moonvine (Ipomoea alba) , and goldenrod (Salidago sp. ) . This section of the property is jurisdictional wetlands pursuant to the Department of Environmental Protection (DEP) . Dominant vegetation on the south side of the property is not considered jurisdictional wetlands and consists of a mowed lawn composed mainly of St. Augustine grass (Stenotaphrum secundatum) . Several large fig trees (Ficus benjamina and Ficus retusa 'nitida' ) are also present in this area. The petitioner proposes to replace an existing mobile home with a modular home, repair and expand an existing septic system, drill a new well and place gravel to extend the present driveway. Since the owner proposes impacts that are less than ten percent (10%) of the site, this petition qualifies for an exception per Collier County Land Development Code Section 2 . 2 . 24 . 8 (2) . There is language in the Land Development Code which indicates that no wetland plants listed by the Florida Department of Environmental Protection (DEP) shall be destroyed or otherwise altered in areas zoned ACSC-ST (Section 2 . 2 . 24 . 3 . 2e) . Plants to be impacted by this project include DEP listed species, although second growth in nature. It is Staff's professional opinion that the vegetation to be impacted is minimal. Only "weedy" early successional species on pre-existing fill will be affected. No Department of Community Affairs (DCA) listed wetland plants protected pursuant to Chapter 28-25 of the Florida Administrative Code will be impacted V. RECOMMENDATIONS: Given the above, staff recommends approval of Special Treatment Development Permit No. ST-93-14 with the following stipulations: Environmental: 1. Permits or letters of exemption from the Department of Environmental Protection (DEP) , South Florida Water Management District (SFWMD) , U. S. Army Corps of Engineers (ACOE) and the Big Cypress National Preserve, shall be presented prior to issuance of County Building Permit. EAB Meeting 1/5/1994 ST-93-14 Page 3 2 . Minor changes may be administratively approved by the Site Development Review Director or his/her designee. 3 . Upon issuance, the building permit is subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs. PREPARED BY: .14tYLI., /444— 12// 1//23 Stephen Lenberger Date Environmental Specialist II REVIEWED BY: I" Barbara N. Prynoski Date Chief nvironmental Specialist ztv-d /2-7/ Jo n F. Madajewski, . E. Date P ject Plan Review', anager Item V.B. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF JANUARY 5, 1994 I . NAME OF PETITIONER/PROJECT: Petition No. : ST-93-15 and CU-93-18 Petition Name: Gator Airboat Tours Applicant/Developer: Robert L. Weeks Engineering Consultant: Timothy L. Hancock, Wilson, Miller, Barton & Peek, Inc. Environmental Consultant: Jack Abney, Wilson, Miller, Barton & Peek, Inc. II. LOCATION: Approximately one half ( ) mile northwest of the U. S. 41 (Tamiami Trail) /S.R. 29 intersection on the south side of U. S. 41, bounded on all sides by undeveloped land zoned agricultural with an Area of Critical State Concern/Special Treatment overlay (A-ACSC/ST) , in Sections 25, 35 and 36, Township 52 South, Range 29 East, Collier County, Florida. III . PROJECT DESCRIPTION: The subject property is a one hundred (100) foot wide, nine thousand (9 , 000) foot long linear parcel zoned agricultural with an Area of Critical State Concern/Special Treatment overlay (A-ACSC/ST) . The parcel is approximately twenty (20) acres in size and was formally used as a railway corridor extending south to Everglades City. The applicant is proposing an airboat tour/exhibit facility. Proposed parking and structures are planned for the northern six hundred (600) feet of the parcel with the exception of a dock to be located nine thousand (9 , 000) feet to the south where a canal bisects the old railroad corridor. The remainder of the property will be used to transport passengers via an existing dirt road to the boat dock. Proposed structures include a gravel parking lot, two twelve hundred (1, 200) square foot buildings, wooden deck, fenced in exhibit area and a three hundred (300) square foot boat dock, with alterations limited to 0. 7 percent of the site. A proposed airboat route utilizing existing canals and adjacent open water is included on the site plan. EAB Meeting 1/5/1994 ST-93-15/CU-93-18 Page 2 Plan of Record: Water Management/Environmental: Site plan for "Gator Airboat Tours" prepared by Wilson, Miller, Barton & Peek, Inc. , dated 12/7/93 with one revision. IV. STAFF COMMENTS: Water Management: Since the project will discharge to the adjacent wetland areas, the South Florida Water Management District will be the entity responsible for issuing the necessary surface water management permit for this site. A copy of the permit shall be provided prior to Final Site Development Plan approval. Since this project exceeds the ten (10) acre threshold for the South Florida Water Management District exemption criteria (whereby only water quality concerns need be addressed) , this project technically should be required to attenuate the 25-year, 3-day storm event. However, due to the irregular shape of the property (essentially a railway corridor) and the proposed impacts, the South Florida Water Management District may waive this requirement provided runoff from the improved areas is pre-treated prior to discharge from the site. The South Florida Water Management District will determine the appropriate requirements for this unique site and permit accordingly. Environmental: A site visit was conducted in November 1993 by Stephen Lenberger, Project Plan Review Environmental Staff and Jack Abney, Biologist for Wilson, Miller, Barton and Peek, Inc. The subject property is a one hundred (100) foot wide, nine thousand (9 , 000) foot long linear parcel which was historically used as a railway corridor extending south to Everglades City. The property is maintained in a mowed condition with roadside weeds and grasses covering the substrate. The edge of the parcel is sparsely vegetated with a variety of trees and shrubs, both exotic and native. Nuisance exotic vegetation was minimal and consisted of Brazilian pepper (Schinus terebinthifolius) and Australian pine (Casuarina sp. ) . The property owner has previously removed much of the Brazilian pepper. Areas surrounding the subject property consist of mangrove swamp and brackish water marsh. EAB Meeting 1/5/1994 ST-93-15/CU-93-18 Page 3 The applicant is proposing an airboat tour/exhibit facility for the subject property. Because of the environmental sensitivity of the area, the applicant is proposing an airboat route limiting their use to existing canals and adjacent open water ways. The airboats will not be traveling over vegetated areas. Proposed structures include a gravel parking lot, two twelve hundred (1, 200) square foot buildings, wooden deck, fenced in exhibit area and a three hundred (300) square foot boat dock. V. RECOMMENDATIONS: Staff recommends approval of Special Treatment Development Permit No. ST-93-15 and Conditional Use Petition No. CU-93-18 with the following stipulations: Water Management: 1. A copy of the South Florida Water Management District Permit shall be provided prior to Final Site Development Plan approval. Environmental: 1. Permits or letters of exemption from the U. S. Army Corps of Engineers, Florida Department of Environmental Protection and the South Florida Water Management District shall be presented prior to the issuance of a final site development plan approval. 2 . Minor changes may be administratively approved by the Site Development Review Director or his/her designee. 3 . Prior to a Certificate of Occupancy all exotic vegetation as defined by the County Land Development Code shall be removed from the approved final site development plan (FSDP) development footprint. All developed areas shall be maintained exotics free (Collier County Land Development Code Section 2 . 2 . 24 . 7 . 4 . 18) . EAB Meeting 1/5/1994 ST-93-15/CU-93-18 Page 3 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: BeE. Keene, P. E. Date Senior Engineer tviAgt/(1-1_, //V/S/)2 Stephen Lenberger Date Environmental Specialist II REVIEWED BY: J CA Adarmes, P. E. Date Technical Services Supervisor / J /7 / i, r/ _ A-,/'(-, /f J Barbara N. Pryntiski Date Chief Environmental pecialist '4 • ,�" tM. _ l(e‘ ftO "(- /Z/7/64? Jofin F. dajewski, . E. Date P,oject Plan Review anager Item V.C. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF JANUARY 5, 1994 I . NAME OF PETITIONER/PROJECT: Petition No. : Development Excavation Permit No. 59 . 496 Petition Name: "Naples Landfill" Applicant/Developer: Collier County Board of County Commissioners Engineering Consultant: Karl Boyer, P. E. - Office of Capital Projects Management Environmental Consultant: Karl Boyer, P.E. - Office of Capital Projects Management II. LOCATION: Section 36, Township 49 South, Range 26 East; generally bounded on the west, north, and east by sparsely populated agriculturally zoned lands, and on the south by the landfill access road. III . PROJECT DESCRIPTION: The petitioner proposes to perform excavation work which is incidental to and part of drainage improvements necessary to bring the existing landfill site into compliance with the recently issued South Florida Water Management District permit. The petitioner has requested substitutions to the construction requirements set forth by Section 3 . 5. 7 of the Land Development Code. Although staff is authorized to administratively approve "development" excavations, the Board of County Commissioners (BCC) is the only entity able to authorize substitutions to the excavation construction requirements. Consequently, this project is brought before the EAB for review and recommendation to the BCC. The requested substitutions to the construction requirements are as follows: Required Proposed 1. Setback from property line: 50 feet 25 feet ± Justification: The existing detention area was excavated such that the edge of the excavation is approximately twenty-five to thirty (25-30) feet from the west property line. The excavated material was used to construct an earthen berm around the perimeter of the site. The proposed work within this area will be EAB Meeting 1/5/1994 Development Excavation Permit No. 59 . 496 Page 2 limited to scraping the existing bottom elevation at this location and the existing conditions on the west side will remain unchanged. The entire landfill site, including the water management system, is secured by a six foot high chain link fence with a triple strand barb-wire top. The existing side slopes are 3 : 1. Required Proposed 2 . Side Slopes: 4 : 1 Maximum 3 : 1 Maximum Justification: (see item 1 above) 3 . Minimum Depth 6' below MLW 0'± below MLW Justification: The depth of the proposed excavations are relatively shallow and are expected to be dry during periods of annual low water table elevations. This will facilitate the annual removal of nuisance vegetation from the excavated areas during the dry season. The shallow depths should not pose a nuisance problem to the general public as the landfill is operated under stringent operation and maintenance procedures for the stormwater management system (see copy attached) . Plan of Record: Water Management/Environmental: "Naples Landfill Stormwater Improvements - Phase II" , nine sheets prepared by Board of County Commissioners - Office of Capital Projects Management, dated 12/20/93 , one (1) revision. IV. STAFF COMMENTS: Water Management: The existing water management system consists of a perimeter berm, a seven (7) acre stormwater detention area, and a discharge control structure; the detention area will be improved upon by this proposed excavation work. The petitioner proposed to excavate 13 . 9 acres to depths of less than two (2) feet below existing conditions. The proposed excavation work has been reviewed and approved by the South Florida Water Management District (Surface Water Management Permit No. 11-00368-S) . The site consists of approximately 306. 76 acres of solid waste management facilities discharging via the S.R. 84 (I-75) drainage ditch into the Henderson Creek Canal. EAB Meeting 1/5/1994 Development Excavation Permit No. 59 . 496 Page 3 Environmental: The area to be excavated includes less than two (2) acres of pine flatwoods and hydric pine flatwoods. The vegetation to be removed is not jurisdictional to Collier County. Mitigation for impacts to South Florida Water Management District wetlands is permitted through South Florida Water Management District Permit No. 11-00368-S. V. RECOMMENDATIONS: Staff recommends approval of Development Excavation Permit No. 59 . 496, "Naples Landfill" with the following stipulations: Water Management: 1. 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 Plan Review for approval prior to the commencement of any dewatering activity on the site. 2 . The littoral zone shall be created and planted as indicted on the Plan of Record and the 81/2" x 11" sketch which can be found in the excavation file. 3 . All provisions of Collier County Ordinance No. 92-73 , Division 3 . 5 shall be adhered to, with the exception of the substitution requested. 4 . No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. Environmental: 1. A Collier County Vegetation Removal Permit shall be issued prior to any site clearing. PREPARED BY: L . j'� /2 �//9j eau E. Keene ` P. E.' Date( Senior Enneer Fre. R- schl Date Envr. mental Specialist II EAB Meeting 1/5/1994 Development Excavation Permit No. 59 . 496 Page 4 REVIEEWED BY: _Ji_ e.),44\ ,2 --..... , . /2/2"/77 July G. Adarmes, P. E. Date Technical Services Supervisor 4-644-A- 2/' / " /2/21/Y3 Barbara N. Pryoski Date Chief Environmental Specialist a /1 cCc yli� f Iit i- �;c t� Jn F. dajewski, .E. Dat project Plan Review anager 1