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EAC Agenda11/04/1992 COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA NOVEMBER 4, 1992; 9 : 00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F" I. ROLL CALL II. APPROVAL OF MINUTES--October 7, 1992 III. ADDENDA A. Sunshine Law as it pertains to the EAB. IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA A. ST-92-19 "Griggs Mobile Home Replacement" Section 13 , Township 52 South, Range 29 East Collier County, Florida B. ST-92-20 "Shealy' s Camp Ground" Section 35, Township 52 South, Range 30 East Collier County, Florida V. REGULAR AGENDA A. Commercial Excavation Permit No. 59 . 224 "Swamp Buggy Days" Section 14 , Township 50 South, Range 26 East Collier County, Florida B. Planned Unit Development Amendment Petition No. PUD-92-8 "White Lake Industrial Park" Section 35, Township 49 South, Range 26 East Collier County, Florida VI. OLD BUSINESS A. Environmental Compliance Investigators - Report VII. NEW BUSINESS VIII. ADJOURNMENT November 4, 1992 Page 2 IX. WORKSHOP *********************************************************************** NOTES: A. [Board Members] : Notify PROJECT REVIEW SERVICES (643-8470) no later than 5 P.M. on Monday November 2, 1992, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. [General Public] : Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto; and therefore may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. *********************************************************************** MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: October 7 , 1992 TIME: 9 : 00 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAB STAFF PRESENT Branan X Adarmes Hermanson X Bateman Neale X Burgeson X Saadeh X Polen Straton X Prynoski X Turrell Ex. Absence Reischl X Worsham X Smith X MINUTES BY: Barbara N. Prynoski, Chief Environmental Specialist CALLED TO ORDER AT: 9 : 20 a.m. ADJOURNED AT: 9 :43 a.m. PRESIDING: George Hermanson, Chairman ADDENDA TO THE AGENDA: Patrick Neale requested that Staff determine the status of his correspondence to Michael Volpe, Board of County Commissioners Chairman, regarding the suspension of Special Treatment Development Permits for damage related to Hurricane Andrew. Barbara N. Prynoski addressed members concerning the excused absences of Mr. Turrell. He was absent from the September meeting and todays meeting. He is expected to be present for the next meeting November 4 , 1992 . APPROVAL OF MINUTES: September 2 , 1992 Page 1 ENVIRONMENTAL ADVISORY BOARD OCTOBER 7, 1992 ****** NEW BUSINESS: ITEM: Election of Chairman and Vice Chairman COMMENTS: Mr. Hermanson was elected Chairman and Mr. Worsham was elected Vice Chairman. ****** ITEM: Determination of terms on board for new members. COMMENTS: Mr. Saadeh' s term will expire in four years on September 30, 1996. Mr. Branan' s term will expire in four years on September 30, 1996. Ms. Straton' s term will expire in one year on September 30, 1993 . ****** PETITION NO: Excavation Permit Application No. 59.457 "Kensington Park" FILED BY/FOR: McAnly, Asher & Associates, Inc. representing John N. Brugger, Trustee REQUESTING: The petitioner proposes to excavate an additional ±979, 000 cubic yards of material from lakes previously approved for excavation in Section 13 , Township 49 South, Range 25 East, Collier County, Florida. REPRESENTED BY: Sean Abernathie, 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. Page 2 ENVIRONMENTAL ADVISORY BOARD OCTOBER 7, 1992 MOTION: Made by Mr. Saadeh, seconded by Mr. Neale and carried 6/0, to approve Excavation Permit No. 59.457 with stipulations. 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. ****** There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board Mr. Hermanson, Chairman Public hearing closed at 9 : 43 a.m. Discussion followed. DISCUSSION: ITEM: Littoral Zone Slope Criteria COMMENTS: It was recommended that Staff refer the question of littoral zone Page 3 ENVIRONMENTAL ADVISORY BOARD OCTOBER 7 , 1992 slope criteria in association with excavation permits to the Environmental Policy Technical Advisory Board (EPTAB) . EAB also recommended that EPTAB consider input from the development and environmental communities in regard to cost versus benefits. Barbara N. Prynoski stated that she will contact Natural Resources Department and request that this be placed on the EPTAB agenda. ITEM: Compliance Updates COMMENTS: EAB requested to receive quarterly reports or updates from Compliance Services Staff. Page 4 ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF NOVEMBER 4 , 1992 I. NAME OF PETITIONER/PROJECT: Petition No. : ST-92-19 Petition Name: "Griggs Mobile Home Replacement" Applicant/Developer: Emily A. Roberts II. LOCATION: Parcel 32 is located within the northwest corner of the Church Street and Street B Intersection in Copeland, Section 13 , Township 52 South, Range 29 East, Collier County, Florida. III. PROJECT DESCRIPTION: The petitioner requests an exception to the Special Treatment Development Permit to allow the replacement of a fire damaged trailer with a new trailer of the same size. Plan of Record: Margaret Griggs Property Site Plan IV. STAFF COMMENTS: The petitioner proposes to locate one new structure on previously altered land that is devoid of vegetation with the exception of one poinciana (Delonix regia) . An exception to the Environmental Impact Statement requirement is granted. V. RECOMMENDATIONS: Due to the above considerations Staff recommends administrative approval of Special Treatment Development Permit, ST-92-19 , "Griggs Mobile Home Replacement" 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: /e? /6/24,7/Y Kimberly J� en Date / Environments Specialist II REVIEWED BY:� / r4- !/J . ruf L /(n/o"t o1'/y2- Barbara N. P y ski Date C ie Environ nta Specia ist Plf ..A ,, / r /VA, z,(q t J n F. adajewski, e .E. Date oject Plan Review'Manager ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF NOVEMBER 4, 1992 I. NAME OF PETITIONER/PROJECT: Petition No. : ST-92-20 Petition Name: "Shealy' s Camp Ground" Applicant/Developer: Emory E. Fogel II. LOCATION: Approximately two (2) miles east of Birdon Road (S.R. 841) on the south side of Tamiami Trail (U. S. 41) ; Section 35, Township 52 South, Range 30 East; Collier County, Florida. III. PROJECT DESCRIPTION: The petitioner requests an exception to the Special Treatment Development Permit to allow the installation of electrical and water hookups to thirty-three (33) existing recreational vehicle (RV) campsites. Plan of Record: Shealy' s Campground Site Plan IV. STAFF COMMENTS: The petitioner proposes to install electrical and water hookups within previously altered areas that are devoid of vegetation. The environmental quality of the site and the surrounding areas will not change. An exemption to the Environmental Impact Statement is granted. V. RECOMMENDATIONS: Due to the above considerations Staff recommends approval of Special Treatment Development Permit, ST-92-20, Shealey' s Camp Ground" with the following stipulations: 1. Upon issuance, the building permit is subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs. EAB Meeting 11/4/1992 ST-92-20 Page 2 2 . Prior to the issuance of a Certificate of Occupancy all prohibited exotic plant species as defined in Section 3 .9. 6. 6 of the Collier County Land Development Code shall be removed from the entire twenty-seven (27) acre parcel. The site shall be maintained exotic free in perpetuity. PREPARED BY: �lGG �Z� .�� A 1(/--)`)//7,;< KimberlyJ. n Date Environmen 1 Specialist II REVIEWED BY: teetzliAtt4-0--- • ,e' t.' , 1 arbara N. Pry ski Date Chief Environmental Specialist Ili / 151c". . I . / F Iv AkiIfe 1 J, n F. Madajewski ' . E. Date • voject Plan Revie Manager ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF NOVEMBER 4 , 1992 I. NAME OF PETITIONER/PROJECT: Petition No. : PUD-92-8 Petition Name: "White Lake Industrial Park" Applicant/Developer: Power Corporation Engineering Consultant: Wilson, Miller, Barton & Peek, Inc. Environmental Consultant: Wilson, Miller, Barton & Peek, Inc. II. LOCATION: Section 35, Township 49 South, Range 26 East; bounded on the north by the Citygate DRI, on the west and south by Interstate 75 and on the east by vacant land. III. PROJECT DESCRIPTION: White Lake Industrial Park is a proposed 144 . 4 acre planned unit development. The project is designed around an existing lake that was used as a commercial pit for I-75 construction and permitted by Collier County as Excavation Permit No. 59 . 133 . The project is presently zoned A and A-ST and is proposed to change zoning to PUD. The site will consist of 67 . 4 acres of industrial development, 7 . 8 acres of road right-of-way, 44 . 1 acres of existing lake, 11. 3 acres of conservation area, 10 . 8 acres of open space and 3 . 0 acres within the Florida Power and Light (FPL) easement. Plan of Record: Water Management: "White Lake Industrial Park - Conceptual Water Management Plan, sheet 4 of 4 , dated July 1992 , prepared by Wilson, Miller, Barton & Peek, Inc. , no revisions. " Environmental: Environmental Impact Statement for White Lake Industrial Park prepared by Wilson, Miller, Barton & Peek, Inc. , dated September 23 , 1992 . IV. STAFF COMMENTS: Water Management: The runoff from this project will be collected via swales and piping networks and directed to an internal lake. This lake will detain the design storm and perform water quality treatment. Each developed site will also be required to have one-half (1) inch of dry detention pre-treatment. EAB Meeting 11/4/1992 PUD-92-8 Page 2 The existing lake (Excavation Permit No. 59 . 133) has not had an annual report filed for over two years and should one not be submitted by January 1, 1993 , the permit will be considered expired. Reactivation to complete the lake in accordance with the Land Development Code would require a complete resubmission of an application package and the associated fees. The project will be isolated by a water management berm which is designed to detain the twenty-five (25) year - three (3) day storm. Discharge will be controlled by a discharge structure which is sized to limit the discharge to pre-development rates. The project drainage structure is designed to be located on the southern property line and will discharge in a southerly direction, 0. 10 cfs/acre maintaining pre-development drainage patterns. No off-site inflows are expected. The petitioner' s engineer indicates the northern property (Citygate DRI) will have a water management plan which discharges north. The adjacent eastern property is currently zoned Agriculture and historically flows to the south. The historic drainage pattern followed a north northeast to south southwest overland sheet flow direction. It is the opinion of Staff that the discharge from this project be directed to the west and then north along the access road right-of-way drainage swale to the Main Golden Gate Canal. Since the Golden Gate Canal is more adequately sized to handle the flow. This project lies within the Golden Gate Canal Basin according to the Collier County Drainage Atlas. The petitioner proposes to discharge to the south by collecting runoff into the access road right-of-way drainage swale and then passing under the I-75 roadway via existing drainage pipes. Drainage ditches and conduits would then direct the flow to the 951 Drainage Canal. The proposed water management system is designed in general accordance with South Florida Water Management District criteria for water quality and quantity. Environmental: The subject property contains a forty-four (44) acre excavation, associated cleared areas, and fill stockpiles. The vegetation remaining on site includes cypress wetlands proposed for preservation and hydric pine flatwoods. The soils on site consist of Pineda fine sand (Classified as hydric) and Boca fine sand (Yamataki, USSCS, 1/91) . EAB Meeting 11/4/1992 PUD-92-8 Page 3 The property is located outside of any Collier County Wellfield Protection Zone. However, Collier County Ordinance No. 91-103 may affect certain industrial uses. The property lies historically within the Belle Mead Drainage Basin. A 23 . 20 ± acre Special Treatment (ST) zoning overlay lies on the eastern property boundary. Most of this area has been affected by excavation activities. The petitioner reports sighting an Eastern American Kestrel (Falco sparverius sparverius) and two immature Southern Bald Eagles (Haliaeetus leucocephalis leucocephalis) on the property. A staff site visit confirms the presence of the bald eagle. The Florida Game & Fresh Water Fish Commission (K.A. Dryden, Correspondence, 8/14/92) reports the presence of red-cockaded woodpeckers (Picoides borealis) and Big Cypress fox squirrels (Sciurus niger avicennia) in the vicinity, and the possible utilization of the site by these animals. V. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition PUD-92-8 , "White Lake Industrial Park" with the following stipulations: Water Management: 1. 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. 2 . All requirements of Excavation Permit No. 59 . 133 shall be complied with. An annual report shall be filed with Collier County prior to January 1, 1993 . If a report is not filed, the excavation permit will be considered void in accordance with the Land Development Code and a complete resubmission will be necessary. 3 . The water management plan shall be revised to discharge northerly to the Golden Gate Canal. If the discharge is in a southerly direction, a complete analysis of the outfall route shall be made and be submitted to, and approved by Project Plan Review. This analysis shall include a study of the physical and legal means by which this project would discharge in a southerly direction. Documentation shall also be provided to show that the Tollgate Commercial project has capacity to handle the discharge from the subject petition. EAB Meeting 11/4/1992 PUD-92-8 Page 4 Environmental: 1. Revise PUD document Section 2 . 10 to include Collier County Land Development Code Division 3 . 9 . 2 . Wetland preserve/conservation areas shall be surveyed prior to construction plan/plat approval. A conservation easement similar to or as per Chapter 704 . 06 Florida Statutes shall be created and indicated on the plat, and shall be recorded in the public records of Collier County. 3 . If required by Florida Game & Fresh Water Fish Commission, a management plan for retention of Big Cypress fox squirrel habitat and/or red-cockaded woodpecker forage habitat shall be submitted prior to preliminary subdivision plat approval to Florida Game & Fresh Water Fish Commission and Project Review Services for review and approval. 4 . All State and Federal permits that may affect the design of this project shall be submitted to Project Plan Review prior to final subdivision plat approval . 5. A management plan for retention of bald eagle roost trees shall be submitted prior to preliminary subdivision plat approval to Florida Game & Fresh Water Fish Commission and Project Review Services for review and approval. PREPARED BY: /D ' ZZ 1 v , P ey .a eman, P.L. S. , P. E. Date Senior " neer .r P►. - ' ___ /d -as. 9.o.. Frew { ischl Date Envi - onmental Specialist II REV EWE', : 42i 1111 _1_ ( 0/zlQz Stepha '' e R. Smith, P. E. Date Technical Services Supervisor Barbara N. Pr464004"41j7' 40,004... oski Date C11C.'ef Environmen al Specialist / 4k-CkL . >, / / /47Z-2- /9j Jo n F. Madajewski, .E. Date l P ject Review Sery es Manager ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF NOVEMBER 4 , 1992 I. NAME OF PETITIONER/PROJECT: Petition No. : Commercial Excavation Permit No. 59.224 Petition Name: "Swamp Buggy Days" Applicant/Developer: Florida Sports Park Engineering Consultant: Agnoli, Barber & Brundage, Inc. II. LOCATION: Section 14, Township 50 South, Range 26 East; located mile east of Isle of Capri Road (C.R. 951) , directly east of its intersection with Rattlesnake-Hammock Road (C.R. 864) . III. PROJECT DESCRIPTION: The project in question was issued a permit by Collier County on September 3 , 1986. The excavation activities started, but were discontinued and never completed with the approved permit. The petitioner is requesting that the Board of County Commissioners allow the excavation in its current condition {i.e. four to five feet (4 ' to 5 ' ) deep} since rock exists at an average of five feet (5 ' ) depth. In order to comply with the permit, a considerable amount of blasting will be needed. The lake was proposed to be dug to provide for water management retention for the Florida Sports Park PUD (129 acres) and to provide fill for the building pads. While excavation for this site was occurring, Willow Run started to excavate a commercial fill pit and the Florida Sports Park decided to obtain the fill from Willow Run. Therefore, as soon as rock was hit, no need for more fill was required. The petitioner has supported his request with four (4) reasons which are included in the attached letter of September 25, 1992 . Plan of Record: Water Management: "Swamp Buggy Days, Inc. , Map of Topographic Survey of Part of Section 14 , Township 50 South, Range 26 East, Collier County, Florida" prepared by Agnoli, Barber & Brundage, Inc. , dated August 17 , 1989, no revisions. EAB Meeting 11/4/1992 Commercial Excavation Permit 59 . 224 Page 2 IV. STAFF COMMENTS: Water Management: The lake as excavated does not comply with the approved permit in terms of minimum depths, shape and slopes. The existing ground elevation is about 10. 00 ' NGVD and excavation stopped at about elevation 4 . 5 ' NGVD, where rock was encountered. The permit was approved for a minimum bottom elevation of 0. 0 ' NGVD. Early this year, County Staff took a canoe site visit to the lake and encountered several areas that did not hold any water. Also, on the northeast corner cattail growth was noticed. The slopes on some areas of the lake are steeper than 4 : 1 and the need for some slope stabilization was observed. Staff recommends that this lake be brought into full compliance with the permit in order to provide for safety and prevent unsightly conditions and undesirable aquatic growth during the dry season. V. RECOMMENDATIONS: Staff recommends denial of the proposed request. PREPARED BY: ,,,ILC. —1 / 0/h 4 J y C. Adarmes Date Senior Engineer REV -" I/ BY. / illirgrad /(9 Z 9 2_ Step ane R. Smith, P.E. Date Technical Services Supervisor J n F. adajewski, P.E. Dat roject Review Ser ces Manager _ ? ' GNOLI sw -154 avow`BARBER& r M xBRUNDAGE, INC. September 25, 1992 Mr. John Madajewski, P.E. Collier County Project Review Services 2800 N. Horseshoe Dry-ve Naples, Florida 33942 Re: Florida Sports Park Excavation Permit, #59. 224 ; PN 3863/4733 Dear Mr. Madajewski: This letter is written as a formal request to review and reconcile the above referenced excavation under the provisions of section 3 . 5. 11 of the Unified Land Development code. We have included 6 copies of a topographic survey of the excavation taken on July 28, 1989 . Our client reports that no work has been conducted on the excavation since. The topographic survey indicates that general compliance with the excavation permit has occurred with exception of the minimum depth. Permit conditions require the bottom elevation to be 0. 0 ' NGVD minimum and maximum. The drawings show an asbuilt bottom elevation of 4 . 5 ' NGVD ± . Certain lake outline modifications were made during construction at the request of the DER and Collier County environmental staff to preserve specific vegetation. We request that the necessary actions be taken by Collier County to allow the asbuilt excavation to be considered complete. We request variance from section 3 . 5. 7 . 3 . 2 of the code. In support of the request we offer the following: 1. As stated by section 3 . 5. 7 . 3 . 2 , the main reason for the minimum depth requirement is to prevent "unsightly conditions or undesirable aquatic growth" during the dry season. Since the excavation has existed in its present state since August of 1989 and no unsightly growth conditions have occurred, this section of the code should be considered satisfied. 2 . The lake is the entry feature to the Florida Sports Park. The park is a single owner project and therefore, the only affected party would be the owner, should unsightly conditions occur in the future. Main Office:7400 Tamiami Trail N., Naples, Florida 33963 • (813) 597-3111 • FAX: (813) 566 2203 Lee County: 8191 College Parkway, Suite 205, Fort Myers, Florida 33919 • (813) 337-31 11 Mr. John Madajewski, P.E. September 25, 1992 Page 2 3 . Collier County Project Review environmental staff has indicated a desire to have the excavation left as is based on the way it interacts with the surrounding wetlands. Basically, a large littoral area has been created. 4 . Swamp Buggy Days, Inc. , the owners of Florida Sports Park is a "not for profit organization" which by its community benefit nature does not have funds to further modify the excavation. It will require a considerable amount of blasting to further deepen the lake. Given the above, we respectfully request a final signoff of the excavation and release of the performance guarantee. Should there be any questions, please contact the undersigned. Sincerely, AGNOLI, BARBER & BRUNDAGE, INC. 42Q6 )14;-( -4 Dominick J. Amico, Jr. , P.E. DJA/yo 09-414Y2 .LTR copy: Gene Vacarro