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(._
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Stephanie R. Smith, P.E. Da e
Technical Services Supervisor
REVIEWED BY:
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Jn F. Madajews t , P.E. Da e
Joject Review S:�rvices Manager
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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