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EAC Agenda 10/07/1992 COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA OCTOBER 7, 1992; 9: 00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F" I. ROLL CALL II. NEW BUSINESS A. Election of Chairman and Vice Chairman B. Terms of New Members III. APPROVAL OF MINUTES--September 2 , 1992 IV. ADDENDA V. CONSENT/ADMINISTRATIVE APPROVAL AGENDA VI. REGULAR AGENDA A. Excavation Permit Application No. 59. 457 "Kensington Park" Section 13 , Township 49 South, Range 25 East Collier County, Florida VII. OLD BUSINESS VIII. ADJOURNMENT IX. DISCUSSION A. Littoral Zone Slope Criteria *********************************************************************** NOTES: A. [Board Members] : Notify PROJECT REVIEW SERVICES (643-8470) no later than 5 P.M. on Monday October 5, 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. *********************************************************************** Addresses for EAB Members Patrick H. Neale (Street Address) P. 0. Box 159 1112 North Collier Blvd. Marco Island, FL 33969-0159 Marco Island, FL Work 642-8111 Eric D. Worsham 4701 31st Ave. S. W. Naples, FL 33999 Work 566-3636 Home 353-1007 Todd T. Turrell Turrell & Associates, Inc. 584 Exchange Avenue, Suite B Naples, FL 33942 Work 643-0166 George H. Hermanson (street address) Hole, Montes & Associates, Inc. 715 10th Street South P. 0. Box 1586 Naples, FL 33940 Naples, FL 33939 Work 262-4617 Dr. William V. Branan Home: The Conservancy, Inc. 2395 Harbor Road 1450 Merrihue Drive Naples, FL 33942 Naples, FL 33942 732-1654 Work 262-0304 Christine D. Straton 1441 Gulf Coast Drive Naples, FL 33963 597-8849 Michel Saadeh Home Vineyards Development Corporation 4019 Northlight Drive 20 Napa Boulevard Naples, FL Naples, FL 33999 775-5168 Work 353-1551 Fax 455-5057 9/92 MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: September 2 , 1992 TIME: 9: 00 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAB STAFF PRESENT Hermanson X Madajewski X Worsham X Prynoski Turrell Ex. Absent Adarmes X Neale X Burgeson X Watts X Reischl X Polen X Bateman X Smith Nino X Saadeh X MINUTES BY: Jeffrey Bateman and Fred Reischl CALLED TO ORDER AT: 9 : 02 a.m ADJOURNED AT: 11: 20 a.m. PRESIDING: Patrick H. Neale, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES: August 5, 1992 Page 1 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 ITEM: Consent Agenda COMMENTS: Petitions ST-92-13, ST-92-15, and ST-92-17 were approved as recommended by Staff in associated EAB Staff Reports. ****** ITEM: Emergency Measures for Special Treatment (ST) Development Regulations due to Hurricane Andrew Destruction. COMMENTS: Mr. Neale will address the Board of County Commissioners to request their approval of the suspension of ST regulations for replacement of mobile homes that were destroyed by Hurricane Andrew. ****** PETITION NO: ST-92-16 FILED BY/FOR: Troy Zinser REQUESTING: A special treatment development permit for Government Lot 3 , Naples South in Section 14 , Township 51 South, Range 25 East, Collier County, Florida in order to construct a boat dock facility. REPRESENTED BY: Troy Zinser 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 4/0, to approve Petition ST-92-16 with modified stipulations. STIPULATIONS: Environmental: 1. Permits or letters of exemption from the U. S. 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. Page 2 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 2 . All exotic vegetation as defined by the County Land Development Code shall be removed from the eastern half of the property within one (1) year from the Certificate of Occupancy for the proposed boat dock facility. On or about the Certificate of Occupancy anniversary date Collier County shall inspect for compliance. The eastern half of the property shall be maintained exotics free in perpetuity (Collier County Land Development Code Section 2 .2.24.7.4.18) . ****** PETITION NO: PSP-92-8 FILED BY/FOR: Regal Manor Limited, A Florida General Partnership represented by Agnoli, Barber and Brundage, Inc. REQUESTING: Preliminary Subdivision Plat approval to develop a 14 . 33 acre parcel into nine buildings with a total of 68 multi-family units in Section 15, Township 48 South, Range 25 East, Collier County, Florida. REPRESENTED BY: Jack McKenna of Agnoli, Barber and Brundage, 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. Hermanson, seconded by Ms. Watts and carried 4/0, to approve Petition PSP-92-8 with modified stipulations. STIPULATIONS: Water Management: 1. The lake as shown shall meet all the construction requirements for a development excavation in those areas where modifications are proposed in accordance with Division 3.5.7 of the Land Development Code. Page 3 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 Environmental: 1. Prior to final construction plan/plat approvals the applicant shall submit all Federal, State and Local determinations and permits, waivers/exemption determinations that may relate to or effect the design and layout of said final construction plans/plats. 2 . Jurisdictional wetlands and/or mitigation areas shall be designated as conservation/preservation tracts or easements on the final construction plans and shall be recorded on the plat with protective covenants as per or similar to Chapter 704. 06 of the Florida Statutes. 3. All proposed mitigation for wetland impacts to Collier County jurisdictional wetlands shall comply with Appendix 7 of the South Florida water Management District rules and be subject to review and approval by Project Review Services Environmental Staff. 4. An exotic removal, monitoring and maintenance (exotic free) plan shall be submitted to Project Review Services Environmental Staff for review and approval prior to final construction plan approval. ****** PETITION NO: PSP-92-10 FILED BY/FOR: Vineyards Development Corporation REQUESTING: Preliminary Subdivision Plat approval to subdivide a 31. 81 acre parcel of land into 42 single family residential lots with an internal road and two lakes in Section 8, Township 49 South, Range 26 East, Collier County, Florida. REPRESENTED BY: Kris Dane, P.E. of Coastal Engineering Consultants, 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. Page 4 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 MOTION: Made by Mr. Worsham, seconded by Mr. Hermanson and carried 4/0, to approve Petition PSP-92-10 with stipulations. STIPULATIONS: Water Management: 1. The lakes as shown do not appear to meet the minimum setbacks from the right-of-way. Exceptions to these setbacks may be developed and shall be subject to final approval by the Development Services Director. Said exceptions shall be based on recognized standards for traffic engineering and road design (AASHTO) and shall incorporate such factors as road alignment, travel speed, bank slope, road cross-section, and need for barriers. This shall be done at the time of excavation permitting. 2 . Landscape buffer and lake areas shall be kept separate unless approved by Project Review Services. 3. A SFWMD permit for the development of that portion of Arbor Boulevard which will serve the proposed project shall be obtained prior to final construction plans approval. Environmental: 1. All previous environmental standards of the Vineyards PUD Ordinance No. 85-15 shall continue to apply. ****** PETITION NO: PUD-87-18 (1) FILED BY/FOR: Littleton E. Walker III REQUESTING: A PUD amendment to "Cypress Glen PUD" . REPRESENTED BY: Timothy Hancock, 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. Page 5 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 MOTION: Made by Ms. Watts, seconded by Mr. Hermanson and carried 4/0, to approve Petition PUD-87-18 (1) with modified stipulations. STIPULATIONS: Water Management: 1. Prior to construction plans approval, verification on the capacity of Pine Ridge Road swale to handle the project discharge shall be submitted. If improvements are deemed necessary, then the improvements shall be provided by the petitioner. 2. A South Florida Water Management District permit shall be obtained and a copy of the permit provided prior to final construction plans approval. Even though the size of the project is less than forty (40) acres, due to the impact to the wetlands, the County will not issue the water management permit. Environmental: The following changes shall be made to the proposed PUD document: 1. Section 4. 04 (a) through (d) shall be deleted and replaced with "The petitioner shall comply with all applicable environmental sections of the Collier County Land Development Code, its amendments and the Collier County Growth Management Plan - Conservation and Coastal Management Element at the time of final development order approval." 2. Amend Section 4. 04 (e) to read ". . .verified by Project Review Services Environmental Staff" instead of ". . .verified by NRMD." 3. Amend Section 4. 04 (f) to read ". . .approval by Project Review Services Environmental Staff" instead of ". . .approval by NRMD." 4. Amend Section 4. 04 (g) to read ". . .verified by Project Review Services Environmental Staff " instead of ". . .verified by NRMD." 5. Delete Section 4. 04 (i) , (j) and (k) . Page 6 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 6. Add the following stipulation to Section 4. 04. "Best engineering principles, including the use of culverts shall be utilized to ensure continued sheetflow to the cypress slough." 7. The petitioner shall comply with Division 3.2 of the Collier County Land Development Code. ****** PETITION NO: PUD-92-6/Commercial Excavation Permit No. 59.228 FILED BY/FOR: Wilber Christenson & Gary Danca, Trustees REQUESTING: A zoning change from RSF-1 to PUD to be known as "Southwoods" . The petitioner proposes to construct a 400 unit Travel Trailer Recreational Vehicle (TTRV) site on 101. 3 acres in Section 15, Township 51 South, Range 26 East, Collier County, Florida. REPRESENTED BY: Alan Reynolds of Wilson, Miller, Barton & Peek 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 Ms. Watts and carried 4/0, to approve Petition PUD-92-6 with modified stipulations. STIPULATIONS: Water Management: 1. The petitioner shall adhere to the requirements of Exhibit E - "Conceptual Drainage Design Criteria" of the Stipulations for Dismissal and Settlement Agreement dated July 20, 1982 . 2 . Should the South Florida Water Management District, or any other agency, during its review process require significant changes be made to the site plan and/or the water management facilities, Collier County reserves the right to re-review the project and have it heard by the Environmental Advisory Board. 3. A twenty (20) foot maintenance/access easement shall be provided to allow maintenance/access to the lake. Page 7 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2, 1992 4. A littoral shelf shall be provided on the lake equal to 10% of the shoreline. The type, quantity and spacing of plants shall be submitted to Project Review Services for approval. 5. The commercial excavation permit cannot be issued until the Planned Unit Development Petition No. PUD-92-6 is approved by the Board of County Commissioners. Environmental: 1. PUD document Page iii "Statement of Compliance": omit final sentence of paragraph number seven. 2. At such time as the petitioner has prepared final construction plans (site development plans, construction plans/plat) for any phase of the proposed development, the petitioner shall submit such plans to the Florida Department of Environmental Regulation, South Florida Water Management District, and the Conservancy Inc. in accordance with the provisions of the "Stipulation for Dismissal and Settlement Agreement" dated July 20, 1982. MOTION: Made by Ms. Watts, seconded by Mr. Hermanson and carried 4/0, to approve Petition Commercial Excavation Permit No. 59.228 with modified stipulations. STIPULATIONS: Water Management: 1. The excavation shall be limited to a bottom elevation of -17.5 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a 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. Page 8 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 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 Tree Removal Permit, required by Ordinance No. 91-102, Division 3.9 shall be obtained from Collier County Project Review Services before work shall commence. 6. Revise the side slopes within the littoral zone to 6:1 unless approved otherwise by the South Florida Water Management District. The lake littoral zone shall be created and planted as indicated on the Plan of Record with the above revision. 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 Land Use Petition No. PUD-92-6. 9. No Excavation Permit shall be issued until all applicable transportation impact fees have been paid pursuant to Division 3.5 of the Collier County Land Development Code. 10. The water quality monitoring program shall be amended as follows and shall be submitted to and approved by Project Review Services prior to this petition being heard by the Collier County Board of County Commissioners: a. Samples at MW-1 shall be taken from a depth of 16' -19 ' . Samples at MW-2 shall be taken at a depth of 11' -14 ' . Samples at MW-3 shall be at a depth of 6' -9 ' . b. The tests shall be conducted weekly for the first 2 weeks of excavation and then biweekly until the excavation is complete. Page 9 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 c. Based upon the petitioner' s claim that no pumping will occur at this excavation, a tolerance limit of 20% shall be used. If the tests show results outside the 20% tolerance, another test shall be performed to verify the previous test's results. The results from the second test shall be made available to Project Review Services within three (3) working days and if they are still outside the 20% tolerance, all excavation activity shall cease until tests show the samples are within the 20% tolerance. If pumping does occur, the tolerance limit shall be reduced to 10%. If the test results show results outside the 10% tolerance, another test shall be performed to verify the previous test' s results. The second test shall be made available to Project Review Services within three (3) working days and if they are still outside the 10% tolerance, all pumping shall cease until the results are within the 10% tolerance. 11. Work within and improvements to S.R. 951 shall be coordinated with and permitted by the Florida Department of Transportation. 12 . Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. The access drive detail shall be revised to show the apron as being paved. The right-of-way permit shall be issued and the work completed prior to the hauling of material off-site. 13. All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to, to the extent said provisions do not conflict with the Deltona Settlement Agreement. ****** PETITION NO: PUD-92-4 FILED BY/FOR: Golden Gate Investments Limited & Naples Community Hospital, Inc. REQUESTING: A zoning change from A to PUD to be known as "Golden Gate Health Park" . The petitioner proposes to develop a 74.23 acre hospital/medical center with associated office, retail and group housing areas in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Page 10 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 REPRESENTED BY: Barbara Cawley of 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. Worsham, seconded by Ms. Watts and carried 4/0, to approve Petition PUD-92-4 with modified stipulations. STIPULATIONS: Water Management: 1. Should the South Florida Water Management District, or any other agency, during it's review process cause changes to be made to the site plan or drainage facilities, Project Review Services shall reserve the right to re-review the project and have it brought before the Environmental Advisory Board. 2 . A maintenance easement varying between 0 feet and 20 feet as necessary based on the surveyed property line of the project shall be provided to Collier County along the southern side of the Golden Gate Canal, the entire length of this project's northern property line. This easement shall be unobstructed and accessible to the County' s maintenance equipment . The project's water management berm may be located in the easement so long as it does not hinder access of maintenance equipment. All buffers shall be located outside of the canal maintenance easement. The location of the easements and the water management berm shall be submitted to and approved by the Big Cypress Basin and Collier County Project Review Services prior to Final Construction and Plat approval. 3. A 20 ft. maintenance easement shall be provided around the perimeter of each lake along with an access easement to each lake. Environmental: 1. Prior to Final Construction Plans & Plat approval: Page 11 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 a. A gopher tortoise management plan shall be submitted to Florida Game and Fresh Water Fish Commission and Collier County Project Review Services for review and approval. The plan shall emphasize the retention of burrows within appropriate on-site habitat. b. If required by Florida Game and Fresh Water Fish Commission, a management plan for retention of red-cockaded woodpecker forage habitat protection shall be submitted to Florida Game and Fresh Water Fish Commission and Collier County Project Review Services for review and approval. This area may encompass all or part of the gopher tortoise habitat area, if appropriate to both species. c. The project is in compliance with Section 3.9.5.5.3 of the Collier County Land Development Code. The twenty-five (25) percent native habitat requirement, acreage as provided on PUD Master Plan, shall be monitored at each Site Development Plan (SDP) submittal. The petitioner shall receive credit from any phase where the twenty-five (25) percent amount is exceeded to be applied to a phase where it is not. In any phase of development where credit toward the twenty-five (25) percent is needed the petitioner shall delineate on the Site Development Plan the percentage of viable naturally functioning native vegetation retained and/or areas of landscapingand open space which re planted with native species. The petitioner shall show the calculations on each Site Development Plan which totals the overall twenty-five (25) percent for the project build-out. d. The approximate limits of ground water protection zone W-4 shall be delineated on the Final Construction Plans & Plat. Page 12 ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 2 , 1992 2 . Prior to final site development plan approvals a management plan for all individual areas of preserved plant communities larger than one half (2) acre in area, as required by Collier County Land Development Code Section 3.9.5.3, shall be provided to Project Review Services Environmental Staff for review and approval. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board Patrick H. Neale, Chairman Page 13 ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF OCTOBER 7 , 1992 I. NAME OF PETITIONER/PROJECT: Petition No. : Commercial Excavation No. 59. 457 Petition Name: Kensington Park Applicant/Developer: John N. Brugger, Trustee Engineering Consultant: McAnly, Asher & Associates, Inc. II. LOCATION: Section 13 , Township 49 South, Range 25 East; bounded on the north by Pine Ridge Road and the south by Grey Oaks PUD. III. PROJECT DESCRIPTION: The petitioner proposes to excavate an additional ±979, 000 cubic yards of material from lakes previously approved for excavation. The lakes will be excavated to a total depth of twenty (20) feet. Plan of Record: Water Management: "Kensington Park, Master Water Management Plan and Cross Sections, Sheet 1 and 18 of 18" , prepared by McAnly, Asher & Associates, Inc. , Sheet 1 dated 4/29/92 two revisions; sheet 18 dated 5/92 no revisions. IV. STAFF COMMENTS: Water Management: This project has received an excavation permit from Collier County to excavate the project' s lakes to a depth of twelve (12) feet. This is consistent with a development excavation permit as allowed in Ordinance No. 91-102 , Article 3 . 5. The current petition requests the lakes be permitted to a depth of twenty (20) feet which is consistent with a commercial excavation permit. Other than the additional depth, the plan, previously approved, remains the same. The commercial excavation is allowed through the Kensington Park PUD approval so no additional zoning action is required. EAB Meeting 10/7/1992 Commercial Excavation No. 59 . 457 Page 2 V. RECOMMENDATIONS: Staff recommends approval of Commercial Excavation No. 59 . 457, Kensington Park with the following stipulations: Water Management: 1. The excavation shall be limited to a bottom elevation of -10. 0 ft. NGVD. All disturbed areas proposed for lake excavation shall be excavated to a minimum elevation of 0. 5 NGVD. 2 . No excavated material shall be removed from the project site. 3 . The lake littoral zone shall be created and planted as indicated on the Plan of Record. An annual report shall be submitted to Project Review Services to ensure that the littoral zone plantings have an 80% survivability at the end of three years. 4 . All provisions of Collier County Ordinance No. 91-102 , Division 3 . 5, relating to "commercial" excavations shall be adhered to. 5. The water quality monitoring program shall be implemented, as submitted. PREPARED BY: , (-- 4(._ /( /(-- ' \3--- - : (# , -I Stephanie R. Smith, P.E. Da e Technical Services Supervisor REVIEWED BY: 4- /1// / • O. Jn F. Madajews t , P.E. Da e Joject Review S:�rvices Manager WOODBRIDGE VINEYARDS VINEYARDS BRIDCET CITRUS 1NEYARDS LAKE GARDENS 6 5 2 � G� 1 I LONE SLEEPY — ' OAK, V.FW.— HOLLOW ______14YSTONE 'HINI.LtS PK. PLACE J & C INDUSTRIAL PARK INDUSTRIAL PINE AIR TALL VINEYARDS VILLAGE 11 LAKES PINES 12 7 8 UNIT 35 I GPRESS / UMW RWINt]CLEN GATE NAY THE PINE 'IDLE ROAD (C.R. 896) SUTHERLAND FALLS PINE iRES T PINES\RIDGE •KES CCENTER NAPLES CENTER nMES 14 B.&T.C. -13 WEST 18 17 wiz S ITE UNIT 33 WORLD 1 TENNIS . CENTER - - - M 111 N 6 1 BAI23 EX.��Y ° 24 19 I- 20 PARK O I- UNIT 31 POINCIANA WYNDEMERE CC VILLAGE 0 w C-\ T- AL z a J APL— S ec0 D UNIT 29 UNIT 30 m CC CC Q 30 29 26 25 CO GOLDEN GATE PARKWAY(C.R. B86) I- Z ( 51 Q In N.T.S. LOCATION MAP SECTION 13, TWP. 49 S, RGE. 25 E COLLIER COUNTY, FLORIDA DESCRIPTION: McANLY, ASHER & ASSOCIATES, P.A. PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS KENSINGTON PARK 5101 TAMIAMI NAPLES,rRAIL FLORIDA EAST, 202 (813) 775-0723 LOCATION MAP SCALE: NONE DWN. BY:M.L.C. DWG. FILE: ITEM: I-I DATE: JAN. 14,1992 CHK BY:J.P.A. LOC-02 SHEET: 2 OF 2 DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: EAB Members FROM: Stephanie R. Smith, P.E. Technical Services Supervisot` Barbara N. Prynoski Chief Environmental Specialist DATE: September 29, 1992 RE: Littoral Zone Slope Criteria Staff is requesting the EAB discuss at the regular meeting the slope criteria for littoral zones. Attached is a copy of the excavation portion of the Land Development Code which indicates the requirement for littoral zones. Slope criteria was not added to the ordinance because at the time the language was proposed, it was agreed to use South Florida Water Management District rules. Since that time, it has been determined that the South Florida Water Management District has no written criteria. South Florida Water Management District has used 6: 1 slopes on projects in the past but are now indicating that 4: 1 may be acceptable. South Florida Water Management District has not put this standard into the rules nor are they willing to indicate the change in writing. The littoral zone requirement was added to the Land Development Code upon recommendation of Adhoc Committee appointed to review the Land Development Code. Discussion with Mr. Gary Beardsley and Mr. Todd Turrell indicated that at the time Gary was thinking of a 6: 1 slope while Todd was thinking of a 4 : 1 slope. Project Review Services Engineering Staff has no opinion on the requirement although we have held to the 6: 1 slope. Project Review Services Environmental Staff recommends a 6: 1 slope. It must be kept in mind that the littoral zone is required for only ten (10) percent of the lake's edge. The following reasons are offered in support of a 6: 1 slope: * greater planting area increases water quality maintenance capability and wildlife habitat; * more accurately mimics a natural system; * increases diversity of plants that can be planted; a steeper slope would require a limited number of emergent plant species that can tolerate the fluctuations of water levels common in this area * aesthetics; a 4 : 1 slope creates a narrow band that can be described as a "vegetative bathtub ring" and * safety. EAB Members 10/29/92 Page 2 The request of Staff is that the EAB give direction as to what slope should be used. There are two projects which are objecting to the 6: 1 requirement on the basis that the loss of fill material and added width of the lake needed to accommodate the slope are too restrictive for the sites. The difference in 6: 1 and 4 : 1 slope in quantity of fill material is approximately 0. 3 cubic feet per foot of littoral zone and the width is 6 feet in the area of the littoral zone. SRS/ew/doc:5478 cc: EAB Binder EAB File Attachment Division 3.5 Excavation 3.5.7.2.3 In the event that property where a Commercial Excavation was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of Sec. 3.5.7.2 proper, or other criteria as may be more stringent. 3.5.7.2.4 Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the Development Services Director. 3.5.7.2.5 Ten percent (10%) of the finished lake banks shall be planted with natural aquatic vegetation on a littoral shelf located three (3) feet vertically, with two-thirds (2/3) below and one-third (1/3) above the control elevation.Littoral planting zones should be adjacent to and waterward of control structures when possible. 3.5.7.2.6 No Building Construction Permits will be issued for any proposed construction around the perimeter of any excavation where the minimum clearance between the excavation top-of-bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the Development Services Director. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of Sec. 3.5.7.2.4. 3.5.7.3 Depths. Unless site conditions, water quality or soil information indicates otherwise, the excavation depths as measured from the permitted control elevation shall be as follows: 3.5.7.3.1 Maximum. Private and Development Excavations shall not exceed 12 feet in depth unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: ("A" + "B")/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. Commercial Excavations shall not exceed 20 feet in depth unless otherwise supported by the "fetch formula", or if it can be shown from a comparative water quality study that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the groundwater resources in the surrounding area. 3.5.7.3.2 Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at least 6 feet below the mean annual low water level. 3.5.7.3.3 Over Excavation. In those instances where the excavator over-excavates the depth of the excavation by more than an average of 10%, written justification shall be submitted to the Development Services Director by the project's surveyor/engineer providing an assessment of the impact of the over-excavation on the water quality of the excavation. If, upon review of the assessment statement by the Development Services Director and Advisory Board, the increased depth is found to be unacceptable, the Permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the Development Services Director. If the increased depth is deemed acceptable by the Development Services Director and approved by the Environmental Advisory Board,a penalty will be assessed against the Permittee for the volume Collier County 3-92 October 30,1991 Land Development Code