EAC Agenda 06/02/1993 Item V.A.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF JUNE 2 , 1993
I . NAME OF PETITIONER/PROJECT:
Petition No. : PUD-93-2
Petition Name: "Wilshire Lakes"
Applicant/Developer: John N. Brugger, Trustee
Engineering Consultant: McAnly, Asher and Associates, Inc.
Environmental Consultant: McAnly, Asher and Associates, Inc.
II . LOCATION:
Section 31, Township 48 South, Range 26 East; bounded on the south
by Vanderbilt Beach Road and to the east by I-75. The area north
of the site is undeveloped woodlands and, to the west is a single
family residence and agricultural land.
III . PROJECT DESCRIPTION:
The petitioner proposes to amend the Wilshire Lakes PUD Document
and rezone a 2 acre parcel and add it to the Wilshire Lakes PUD
Master Plan. The added property will adopt a residential land use
description.
Plan of Record:
Water Management:
"Wilshire Lakes Revised Water Management Plan (for Phase Two
Development) " prepared by McAnly, Asher & Associates, P.A. , dated
May 7 , 1993 , three (3) revisions.
Environmental:
"Wilshire Lakes PUD" , prepared by McAnly, Asher and Associates,
Inc. and "Wilshire Lakes Retained Native Vegetation Plan, prepared
by McAnly, Asher and Associates, revised 4/20/93 .
IV. STAFF COMMENTS:
Water Management:
The Wilshire Lakes Subdivision was heard previously by the Water
Management Advisory Board on April 11, 1990 . Some of the project
phases have already been built. The existing and proposed water
management system consists of 20 . 15 acres of lakes and 47 . 86 acres
of conservation areas. Runoff from the residential areas, roads
EAB Meeting 6/2/1993
PUD-93-2 , "Wilshire Lakes"
Page 2
and natural areas will be conveyed to the lakes through catch
basins and culvert systems. The runoff directed to the
conservation areas will be conveyed through a grassed spreader
swale to provide additional water quality treatment and avoid any
erosion. The lakes are interconnected by pipes. The downstream
discharge structure is located at the south property line and will
have a control elevation of 10 ft. NGVD. The outfall is into the
ditch located at the south property line on the north side of
Vanderbilt Road. Runoff flows through existing culverts under
I-75 and into the I-75 canal . The discharge is limited to 0. 1
cfs/acre or 21. 6 cfs.
The water management system meets the requirements of water
quality and quantity in accordance with South Florida Water
Management District criteria.
Environmental:
The subject property consists of an existing PUD under development
and a two acre parcel to be rezoned from agriculture to PUD. The
two acre parcel is a hydric pine flatwoods with no evidence of
protected wildlife on site. The majority of the existing PUD has
been platted for development. The petitioner proposes to retain
twenty-five percent (25%) of the existing native vegetation on
site (Exhibit C) . These areas shall be platted as preservation or
conservation areas with appropriate protective covenants.
V. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development Petition No.
PUD-93-2 , "Wilshire Lakes" with the following stipulations:
Environmental:
1. The petitioner shall have as an attachment to the PUD a map
showing where the required twenty-five percent (25%) of
existing native vegetation will be retained on site (48 . 5
acres existing native vegetation shall be retained) .
2 . The petitioner shall revise Section 7 . 9 of the PUD:
Section 7 . 9 - A. Shall be revised to read: The petitioner
shall be subject to the Collier County Land Development Code
and Growth Management Plan Conservation and Coastal Management
Element at the time of final development plan approval.
EAB Meeting 6/2/1993
PUD-93-2 , "Wilshire Lakes"
Page 3
Section 7 . 9 - B. Shall be revised to read: Forty-eight and
one-half (48 ) acres (the equivalent of twenty-five percent)
of the existing native vegetation on site shall be retained in
all three strata and platted with protective covenants. (See
Exhibit "C") Should any of this acreage be proposed for
development, the petitioner shall provide existing native
vegetation (like for like) in lieu of the vegetation to be
lost. This vegetation shall be provided in areas not yet
platted for development, and shall be platted with protective
covenants.
Section 7 . 9 - C. , D. , E. and I . shall remain as proposed.
Section 7 . 9 - F. , G. H. shall be deleted.
PREPARE r BY /
,043
Ste o ";: D to
Senior Engineer
y3 �9 - 5- /�93
Barbara S. Burgeso�oPi Date
Environmental Specialist II
REVIEWED BY:
NAG.
u-1 \C. Adarmes, P. E. Date
Technical Services Supervisor
31/1/9=3
arbara N. Pry ski Date
C . i- , E v' ronmental Specialist
e./1/4-6 -C-// AT.5
Jahn F. adajews P. E. Date
oject Plan Rev Manager
Item V.B.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF JUNE 2 , 1993
I. NAME OF PETITIONER/PROJECT:
Petition No. : PUD-93-4
Petition Name: "Saxon Manor Isles"
Applicant/Developer: Suncoast Corportation
Engineering Consultant: Butler Engineering
Environmental Consultant: Eric D. Worsham, Butler Engineering
II. LOCATION:
Section 6, Township 50 South, Range 26 East; bounded on the north
by Radio Road, on the east by Brettone Park PUD (aka Embassy
Woods) , on the south by undeveloped land zoned A, on the west
northern half an existing mobile home park (Sunny Acres MHP) , and
the west southern half by undeveloped land zoned A.
III. PROJECT DESCRIPTION:
The petitioner proposes to rezone approximately twenty-one (21)
acres of land into a planned unit development (PUD) for Affordable
Housing. The project site is currently zoned A in the southern
half and MH in the northern half. An existing MH area currently
occupies the northern half of the site and has been in existence
for approximately twenty-five years.
The proposed land use will consist of 3 . 1 acres of lakes, 2 . 3
acres of native habitat area, 4 .8 acres of internal pavement, 7. 0
acres of green space, 3 . 5 acres of multi-family residential
buildings, and 0. 2 acres of existing pond.
Plan of Record:
Water Management:
"Saxon Manor Isles, PUD Master Plan" prepared by Butler
Engineering, dated March 19, 1993, (Updated Master Plan) -
Reference "Plot File: d: 17801M2 : 05. 17 .93--23 :46" .
Environmental:
Environmental Impact Statement for Saxon Manor Isles, prepared by
Butler Engineering, dated March 19, 1993 .
EAB Meeting 6/2/1993
PUD-93-4, "Saxon Manor Isles"
Page 2
IV. STAFF COMMENTS:
Water Management:
The project site is within the Lely Canal Basin of District No. 6.
The site has historically drained from north to south by sheetflow
and is currently intercepted by the drainage ditch on the north
side of Davis Boulevard. The ultimate discharge is into the Lely
Canal.
Due to the proposed impacts to on-site wetlands, staff recommends
this water management system be permitted through South Florida
Water Management District. The 25-year, 3-day peak discharge
shall be limited to 0. 06 cfs/acre per Ordinance No. 90-10.
Environmental:
The subject property is a twenty-one (21) acre parcel; the north
half is currently a mobile home park and the south half is
undeveloped. Approximately six tenths of an acre of Collier
County jurisdictional wetlands exist on site which are proposed to
be developed and mitigated with upland compensation at a ratio of
1: 5 to 1. One acre of the southern half is exotic, leaving nine
acres of vegetation. Twenty-five percent (25%) of the nine acres
(2 . 25 acres) shall be retained per Collier County Land Development
Code Section 3 .9 . 5. 5. 3 . Given the proximity to areas known to
have had red cockaded woodpecker (RCW) cavity trees and foraging
habitat, a Wildlife Survey was conducted. No red cockaded
woodpeckers were observed utilizing the site.
V. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development Petition No.
PUD-93-4 , "Saxon Manor Isles" with the following stipulations:
Water Management:
1. An Excavation Permit will be required for the proposed lake(s)
in accordance with Division 3 . 5 of Collier County Ordinance
No. 92-73 and South Florida Water Management District rules.
2 . A copy of South Florida Water Management District Permit or
Early Work Permit (with Staff Report) shall be provided prior
to Site Development Plan approval.
3 . Landscaping shall not be placed within the water management
areas unless specifically approved by Collier County Project
Plan Review.
EAB Meeting 6/2/1993
PUD-93-4, "Saxon Manor Isles"
Page 3
4 . All off-site flow collection and routing facilities shall be
reviewed and approved by Collier County Project Plan Review
prior to Final Site Development Plan approval.
5. 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
(EAB) .
6. This approval does not constitute agreement by the County to
any control elevation or discharge rate. All agreements shall
be made with South Florida Water Management District.
7 . Side slopes on ponds, berms, and swales shall not be steeper
than 4: 1, unless specific, separate approval is obtained from
Collier County Project Plan Review.
8 . As per Section 3 .5.7 . 1. 1 of the Land Development Code, the
proposed lakes shall meet the one hundred foot (100' ) setback
requirement from the access drives unless exceptions are
requested and supported with adequate documentation.
9. At the time of site development plan review, the petitioner
shall provide documentation on any off-site drainage coming
onto the site and provide for its conveyance if applicable.
Environmental:
1. Amend the PUD Master Plan to show 2 .25 acres of native habitat
preserved. The legend currently shows the northern area as
Buffer X and not a natural habitat area.
2 . The petitioner shall add an environmental section to the PUD
document stating that:
A. The PUD shall be in compliance with the Collier County
Land Development Code environmental sections and the
Growth Management Plan - Conservation and Coastal
Management Element at the time of final development order
approvals.
EAB Meeting 6/2/1993
PUD-93-4 , "Saxon Manor Isles"
Page 4
B. Easements in favor of Collier County without any
maintenance obligation shall be provided for all
protected/preserve areas required to be designated on the
preliminary and final subdivision plats or in the case of
site development plans recorded by separate instrument,
pursuant to the Land Development Code. Any buildable lot
or parcel subject to or abutting a protected/preserve area
required to be designated on the plat or site development
plans shall have a minimum twenty-five foot (25' ) setback
from the boundary of such protected/preserve area in which
no principle structure may be constructed. Further the
preliminary and final subdivision plats and site
development plans shall require that no alteration,
including accessory structures, fill placement, grading,
plant alteration or removal, or similar activity shall be
permitted within such setback area without the prior
written consent of the Development Services Director;
provided, in no event shall these activities be permitted
in such setback area within ten feet (10' ) of the
protected/preserve area boundary. All required easements
for protected/preserve areas shall be dedicated and the
permitted uses shall be established for said easement on
the final subdivision plat or site development plan.
C. A detailed re-vegetation plan for the northern Natural
Habitat Area ( . 5 acres) shall be submitted to Collier
County Project Plan Review Environmental Staff, for review
and approval, prior to or with the submission of the first
development order for this PUD. This plan shall include
at minimum, a time schedule for commencement, monitoring
and completion of the work, a statement of guaranteed
total survivability, a summary of proposed plantings
(species, size, spacing, depths, planting methodology,
etc. ) and a statement guaranteeing that at least . 5 acres
shall successfully be re-vegetated. A final site
inspection by Collier County Environmental Staff shall be
required to verify successful re-vegetation. All
re-vegetation shall be completed per the criteria of the
aforementioned approved plan, prior to any final
certificate of occupancy being issued for this first
development order. All re-vegetation shall be completed,
with total guaranteed survivability over a three year
period. Survivability shall be guaranteed by a bond
consistent with the bonding provisions for landscaping
pursuant to Section 2 . 4 . 3 . 5 of the Land Development Code.
3 . Development of the Collier County jurisdictional wetlands
shall be mitigated with upland compensation at a minimum ratio
of 1. 5 to 1.
EAB Meeting 6/2/1993
PUD-93-4, "Saxon Manor Isles"
Page 5
4. The petitioner shall revise Sections 3 .4 .B. l.e and 3 .4 .B. 2 .a
of the PUD document to reflect the requirements and
restrictions of stipulation 2 .B of this staff report.
PREPARED BY:
Beau Keene, P. E. Date
Senior Engineer
Barbara S. BurgesoW Date
Environmental Specialist II
REVIEWED BY:
,/2l/ 1
Jul . Adarmes Date
Tal Services Supervisor
/ /
Barbara N. Pryrto ki Date
Chief Environme al Specialist
/ /2-(11qS
Jo n F. Ma ajewski,, '' .E. Date
Pi ject Plan Review . anager
COMMUNITY DEVELOPMENT SERVICES DIVISION
PROJECT PLAN REVIEW SECTION
MEMORANDUM
TO: EAB Members
FROM: Barbara S. Burgeson
Environmental Specialist II
DATE: May 28', 1993
RE: PUD-92-13 , "Falling Waters" - Additional stipulation
Staff received the attached facsimile from the petitioner on
May 26, 1993 regarding red cockaded woodpeckers. The
following two stipulations are being added to the EAB Staff
Report and shall be incorporated into the PUD document.
# The petitioner shall conduct an updated survey for red
cockaded woodpecker foraging activity on each phase of
development prior to any final development order
approval.
# Prior to the removal of the three red cockaded woodpecker
cavity trees at the northwest corner of the PUD as
depicted on a map called Tract "I" , submitted on 10/23/92
by Q. Grady Minor and Associates or to the encroachment
into the twenty-five foot (25' ) protective buffer
surrounding these trees, the petitioner shall receive, in
writing, confirmation from Florida Game and Fresh Water
Fish Commission stating that they have no objections.
BSB/ew/doc: 6100
Attachment
cc: PUD-92-13 File
Beau Keene, P.E. , Senior Engineer
EAB Binder
Chrono File
\ 85-�5-1 2 ',93 03:12PM FROM S IES,KY &PILON 253-T511 TO 'ba s�dbr� r.e�
__
02/08/93 14:05 V407 1 ' 4288 US FWS VERO BCH !�002
•
•
'`T United States Department of the Interior
FISH AND WiLDLIFE:SERvICE
•
P.Q.BOX 2676;
.;J�s vEao BEACH;FLORIDA 82581.2676
•
February 8, 1993
Mr. Albert Hubschman. •
Falling Waters •
7200 Davis Boulevard
Naples, Florida 33962
Dear Mr. Hubschman: •
s:
The U. S. Fish and Wildlife Service (Service) is aware of your concern with the technical
assistance we provided you, in a letter dated November 23, 1992, regarding inactive red
cockaded woodpecker cavity trees located on the Falling Waters property in Collier
•
County, Florida. Specifically, you took issue with our statement that "[arc= a period of
10 years continued inactivity, cavity trees may be considered abandoned." The purpose
of this letter is to clarify the Service's position regarding inactive cavity trees and to
explain our role in providing technical assistance to private landowners.
The November 23 letter did not assert that Service reg,ulations require indivsdnals to wait
10 years before removing.inactive cavity trees. The:pertinent regulations, found at 50
C.F.R. § 17.21(c), prohibit causing death or injury to endangered species through habitat`
modification, including the removal of cavity trees. The statement in the November 23
letter concerning ten years of inactivity reflects Service guidance that was developed to
assist individuals who wanted to know ho* long they should wait to make absolutely sure
that cavity tree removal would not cause harm to red-cockaded woodpeckers. As such,
the ten year guideline reflects the conservative end of the spectrum and is designed to
"err on the side of the series
The Service has recently advised private landowners that if cavity trees thought to be
iartive are observed at dawn and dusk on; five days°daring a two week period, and no
red-cockaded woodpeckers activity is observed, then'cavity tree removal is not likely to
violate section 9 of the Endangered Spe;ies Act or the iuxplementmg regulations. In the
case of Falling Waters, the Service has evaluated information presented by the Florida
Game and Fresh Water Fzth Commission that indicates the cavity tree have been inactive
for several years. We therefore believe that ariditional observations are not needed for us
to conclude that your activities impacting these cavity tees would not violate Section 9 of
1 the Endangered Species Act. j
One role that the Service's Division of Ecological Services performs is that of providing
technical assistance to private landowners in order to assist with compliance of the
Endangered Species Act- If a development project is pursued in accordance with
technical assistance provided by the Service, a private landowner can be assured that the
Service's Division of Law Enforcement will not be asked to investigate, and that the
project is in compliance with the Endangered Specie's Act. The technical assistance
\ \
. 05-26-1993 03:13PM FROM SIESK`( & PILON 253-7611 TO 6433266 P.03
02/08/83 14:06 V407 ' 4288 US FWS VERO BCH 1it(003
provided by the Service is not mandatory. Tn crcumstas where the technical
assistance is not followed and death or injury results to protected species, however, then
the private landowner's S"r.44.- ± p is ,m!c'.li er
We hope that this Ir clarifies the issue of inactive:cavity trees at Falling Waters and of
the Service's role in providing technical assistance. With regard to the potential
ntiii7ntion of foraging habitat at Falling Waters by red-cockaded woodpeckers, we feel
that it is important to inform you that red-coded woodpecker foraging activity has
been documented within 1,900 feet of Falling Wavers- Current data indicates that there is
one red-cockarlefl woodpecker colony apprOximately 3,700 feet from the Falling Waters
property, and two more red-cockades woodpecker colonies within one mile of the Falling
Waters. Suitable foraging habitat exists in the propetty set aside for preservation at
Falling Waters and it is possible that this l hitat is being utilized by the known red-
cockaded eckaded wooddpecker colonies. We recommend that the property by surveyed for red-
': cockaded woodpecker foraging activity using the procedures set forth in the enclosed
document entitled "Guidelines for Preparation of Biological Assessments and Evaluations
for Red-cockaded Woodpecker" (Henry, 1989). The recommendation to perform this
survey is provided as technical assistance and is not requirement.
I l l We are available tdassist you with any biological questions you may have concerning
endangered species that utilize your property. We desire to work with you in a spirit of
cooperation. Please do not hesitate to call.upon us. .1 can be reached at (407) 562-3909.
Sincerely yours,
•
Dared L. Ferrell
Field Supervisor
• r
Enclosure •
•
cc:
Regional Solicitor, Atlanta, GA ••
PWS, Atlanta, GA 1
PWS, Jacksonville, FL
FWS, Naples, FL
FGFWFC, Punta Gorda, FL ' •
FGFWFC, Tallahassee, FL
•t
Tulin 1Vladayew
Collier County Project Review Services
Horseshoe Axive
Naples, PL 33942
•
•
•
f _
1 •
Item V.C.
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF JUNE 2 , 1993
I. NAME OF PETITIONER/PROJECT:
Petition No. : PUD-92-13
Petition Name: "Falling Waters"
Applicant/Developer: Hubschman Associates/Falling Waters
Engineering Consultant: Q. Grady Minor, Q. Grady Minor &
Associates, P.A.
Environmental Consultant: Mr. Dick Workman and Ms. Cindy Prine of
Coastplan Inc.
II. LOCATION:
Section 8, Township 50 South, Range 26 East; generally bounded on
the north by S.R. 84 (Davis Boulevard) right-of-way, on the east
by undeveloped lands zoned "Estates" and the proposed Santa
Barbara Boulevard extension right-of-way, on the south by
"Estates" zoned lands, and on the west by "Estates" zoned lands
and Seacrest School/Unity Church.
III. PROJECT DESCRIPTION:
The petitioner proposes to rezone 139± acres of land from PUD and
Estates to PUD. The Falling Waters PUD consists of approximately
88. 5 acres and was approved by Ordinance No. 89-44 in July, 1989.
The petitioner proposes to increase the gross acreage of the
previously approved Falling Waters PUD from 88 . 5± acres to 139±
acres and to increase the number of dwelling units from 490 to
668; the corresponding gross density will be reduced from 6. 5
dwelling units per acre to 5. 3 dwelling units per acre.
Plan of Record:
Water Management:
"Falling Waters PUD - Conceptual Drainage Plan" prepared by Q.
Grady Minor and Associates, dated April 6, 1993 , one revision.
Environmental:
Falling Waters Environmental Impact Statement, dated 3/24/93 ,
revised 4/8/93 with addendums 5/11/93 and 5/12/93 .
Falling Waters PUD document, dated April 6, 1993 , one revision.
EAB Meeting 6/2/1993
PUD-92-13 , "Falling Waters"
Page 2
IV. STAFF COMMENTS:
Water Management:
The existing Falling Waters PUD is partially constructed under
South Florida Water Management District Permit #11-00723-5. The
proposed rezone will require South Florida Water Management
District review, approval, and permit issuance. The project is
located within the Lely Canal Basin of District 6. Discharge will
be limited to 0. 06 cfs/acre per Ordinance 90-10. The outfall for
this property will be the Lely Canal via wetlands to the south of
the project.
The existing site conditions consist of partially constructed
multi-family residential lands, wetlands, uplands, roadways, and a
backbone water management system within the current PUD
boundaries.
The off-site flow coming from lands to the west will be
accommodated by a conveyance swale to be constructed by the
developer along the western property line of this project. The
off-site flow will be directed south and discharged to wetlands in
Tract T of this PUD via a spreader swale.
The proposed water management scheme consists of two independent
drainage basins.
- Drainage Basin #1 comprises the original PUD area as well as
approximately fifteen (15) additional acres. The existing
water management facilities in this basin will be modified to
accommodate the additional drainage area by increasing the wet
detention area and modifying the existing control structure to
incorporate an additional three (3) inch diameter bleed-down
orifice. The discharge location for this basin will remain at
the southeast corner of the basin boundary.
- Drainage Basin #2 comprises approximately five (5) acres of
residential lands (Tract S) . This basin is independent of
Basin #1 and will achieve water quality and quantity by dry
detention and will discharge to the above referenced off-site
conveyance swale.
The proposed water management system will be permitted by South
Florida Water Management District and will be required to meet the
water quality and quantity criteria in accordance with their rules
and regulations.
EAB Meeting 6/2/1993
PUD-92-13 , "Falling Waters"
Page 3
Environmental:
The subject property consists of an existing planned unit
development currently under development and an addition of sixty
undeveloped acres to the south and southwest. The total
undeveloped area consists mainly of hydric pine flatwoods, pine
flatwoods, palmetto prairie, cypress dominated wetlands and
approximately ten (10) acres of cleared disturbed lands adjacent
to the southern slough. Staff has conducted site visits on
several different occasions to determine the habitats and quality
thereof on the undeveloped parcels.
The wetland on site can be separated into two habitats that total
approximately 29+ acres. The first is hydric pine flatwoods
(411-H) which is comprised of slash pine (Pinus elliottii var.
densa) , pond cypress (Taxodium ascendens) , wax myrtle (Myrica
cerifera) , dahoon holly (Ilex cassine) , cocoplum (Chrysobalanus
icaco) , Melaleuca (Melaleuca quinquenervia) and Brazilian pepper
(Schinus terebinthifolius) . The groundcover includes saw grass
(Cladium lamaicense) , St. John's wort (Hypericum fasciculatum) ,
wire grass (Aristida stricta) and swamp fern (Blechnum
serralatum) . Standing water in this area was observed to be
approximately fourteen inches deep in late spring (during a site
visit with Staff from Army Corps of Engineers, South Florida
Water Management District and Coastplan Inc. , the environmental
consultant) .
The cypress areas (621) are similar in vegetative make-up to the
previously described wetland, with pond cypress being more
abundant and additional wetland species present in the midstory
and groundcover.
Approximately 15. 6 acres of wetlands are proposed to be impacted
and mitigated according to South Florida Water Management
District criteria. Culverts will be placed under Cope Lane to
help restore the flow of water within the slough.
The upland portions of the property consist of pine flatwoods,
palmetto prairie and ten acres of cleared disturbed uplands which
are located adjacent to the west edge of the cypress slough.
The pine flatwoods are similar to the hydric pine flatwoods, with
less cypress and less wetland grasses. The palmetto prairie is
comprised of saw palmetto (Serenoa repens) , rusty lyonia (Lyonia
ferriginea) , gallberry (Ilex glabra) and upland grasses. The
disturbed area was previously cleared and has scant amount of
EAB Meeting 6/2/1993
PUD-92-13, "Falling Waters"
Page 4
slash pines, exotic vegetation and pioneer groundcover species
including dog fennel (Eupatorium capillifolium) , caesar weed
(Urena lobata) and beggar ticks (Bidens mitis) .
Approximately forty percent (40%) of the upland are proposed to be
impacted. The ten acres which were previously cleared shall be
re-vegetated in order to incorporate them in the required acreage
of native vegetation.
Extensive wildlife surveys were conducted on-site and on adjacent
parcels beginning in 1988 with the original rezone. Three
inactive red cockaded woodpecker (RCW) cavity trees still remain
on-site but according to site visits conducted by consultants of
Coastplan Inc. , there has been no evidence of RCW nesting or
foraging.
V. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development Petition No.
PUD-92-13 , "Falling Waters" with the following stipulations:
Water Management:
1. An Excavation Permit will be required for the proposed lake(s)
in accordance with Division 3 . 5 of Collier County Ordinance
No. 92-73 and South Florida Water Management District (SFWMD)
rules.
2 . A copy of South Florida Water Management District Permit or
Early Work Permit (with Staff Report) shall be provided prior
to Site Development Plan approval.
3 . All off-site flow collection and routing facilities shall be
reviewed and approved by Collier County Project Plan Review
prior to Final Site Development Plan or Construction Plans
approval.
4 . 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
(EAB) .
5. This approval does not constitute agreement by the County to
any control elevation, discharge rate, or outside inflow rate.
All agreements shall be made with South Florida Water
Management District.
EAB Meeting 6/2/1993
PUD-92-13 , "Falling Waters"
Page 5
6. A fifteen foot (15' ) Drainage Easement shall be created for
the off-site conveyance swale depicted on the PUD Conceptual
Drainage Plan and dedicated to Collier County with no
responsibility for maintenance. The dedication shall occur on
the Final Plat.
Environmental:
The following stipulations shall be incorporated in the PUD
document under Section 6. 10.
1. This planned unit development (PUD) shall be subject to all
environmental sections of the Collier County Land Development
Code and the Growth Management Plan Conservation and Coastal
Management Element at the time of final development order
approvals.
2 . The PUD shall retain a minimum of 33 . 8 acres of native
vegetation. Since the acreage within tracts T, U and V are
being used to fulfill part of the required acreage of retained
native vegetation, all previously cleared areas in these
tracts shall be re-vegetated with native vegetation in all
three strata. Shallow marshes may be used towards the
twenty-five percent (25%) native vegetation requirement.
Areas of deep water bodies or lakes within these tracts shall
not be credited towards the native vegetation retention
requirement. A detailed re-vegetation plan shall be submitted
to Collier County Project Plan Review Environmental Staff for
review and approval prior to or with the submission of the
first site development plan for tracts Q, R or S. That plan
shall include a time schedule and criteria for commencement,
monitoring and completion of the re-vegetation, a statement of
guaranteed total survivability, a summary of the acreages and
descriptions of each different vegetative community and the
total number of acres that will be re-vegetated to be credited
towards the twenty-five percent (25%) native vegetation
requirement. A final site inspection by Collier County
Environmental Staff shall be required to verify successful
re-vegetation. All re-vegetation shall be completed, with
total guaranteed survivability over a three year period, prior
to any final certificate of occupancies issued on tracts Q, R
or S. Survivability shall be guaranteed by a bond consistent
with the bonding provisions for landscaping pursuant to
Section 2 . 4 . 3 . 5 of the Land Development Code.
EAB Meeting 6/2/1993
PUD-92-13 , "Falling Waters"
Page 6
3 . To satisfy the requirement of a twenty-five (25) foot buffer
around wetland preserves, a non-exclusive easement or tract in
favor of Collier County, without any maintenance obligation,
shall be provided for all "protected/preserve" areas required
to be designated on the preliminary and final subdivision
plats. Any buildable lot or parcel subject to or abutting a
protected/preserve area required to be designated on the
preliminary and final subdivision plats shall have a minimum
twenty-five foot (25' ) setback from the boundary of such
protected/preserve area in which no principle structure may be
constructed. Further, the preliminary and final subdivision
plats shall require that no alteration, including accessory
structures, fill placement, grading, plant alteration or
removal, or similar activity shall be permitted within such
setback area without the prior written consent of the
Development Services Director; provided, in no event shall
these activities be permitted in such setback area within ten
feet (10' ) of the protected/preserve area boundary.
4 . Prior to any final development order approval, the petitioner
shall provide three copies of an executed deed of transfer of
ownership of the Special Treatment "ST" property to the County
or a State or Federal Agency; however, the lands may be
dedicated in fee simple to a private not-for-profit
conservation or environmental organization in accordance with
Chapter 704 . 06 Florida Statutes, as amended, with the approval
of the Development Services Director in a form approved by the
County Attorney.
5. The "ST" land shall be forever retained in its natural
condition and shall never be developed in any matter
whatsoever. Such a guarantee shall be recorded with the Clerk
of the Circuit Court of Collier County, Florida as recorded
restriction of the use of such land and shall be binding to
all present and subsequent owners, heirs or assigns of such
property. Such restrictions may not be amended deleted or
otherwise altered.
6. Mitigation/compensation shall be provided in accordance with
Appendix 7 of South Florida Water Management District, in
each phase of construction to mitigate the wetland, lost by
that phase of construction. Wetland monitoring and
maintenance programs will be required for each phase. An
eighty percent (80%) survivability of the mitigation plantings
shall be guaranteed over a three (3) year period.
Survivability shall be guaranteed by a bond consistent with
the bonding provision for landscaping pursuant to Section
2 .4 . 3 . 5 of the Land Development Code.
EAB Meeting 6/2/1993
PUD-92-13, "Falling Waters"
Page 7
7. All parcels which constitute a protected/preserve or
mitigation area shall be labeled as an easement or tract with
appropriate protective covenants, and shall be dedicated on
the final plat to Collier County without the responsibility of
maintenance and to a property owners association or similar
entity with maintenance responsibility.
PREPARED BY:
Beau Keene, P.E. Date
Senior Engineer
' S 4
Barbara S. Burgesd .n Date
Environmental Specialist II
REVIEWED BY:
J ly . Adarmes, P.E. Date
ical Services Supervisor
x`_ :i.r`6c.iz�. 11- ,�-ti 7 sih--.
Barbara N. PrynosXi Date
Chief Environmental Specialist
424/73
J. n F. M ajewski, P. . Date
P/r.ject Plan Review M.nager
COMMUNITY DEVELOPMENT SERVICES DIVISION
PROJECT PLAN REVIEW SECTION
MEMORANDUM
TO: Sue Buck, Administrative Secretary
County Manager's Office
FROM: John F. Madajewski
Project Plan Review Manager
DATE: May 10, 1993
RE: Proposed Consolidation of Environmental Advisory Board
and Environmental Policy Technical Advisory Board
The information requested in your May 4 , 1993 memo is being
provided in the attached report.
JFM/ew/doc: 6044
Attachment
cc: EAB Binder
Chrono File
CONSIDERATION FOR COMBINING ENVIRONMENTAL ADVISORY BOARD (EAB) WITH
ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD (EPTAB)
OBJECTIVE: To maintain the Environmental Advisory Board (EAB)
and Environmental Policy Technical Advisory Board
(EPTAB) as separate boards. See also "Attachment A"
letter to Mr. Neil Dorrill from George H. Hermanson,
Chairman Collier County Environmental Advisory
Board.
CONSIDERATIONS: Staff has completed the review of goals and
functions of the EAB. The following information is
submitted to describe the EAB. Collier County
Natural Resources Department will address the goals
and functions of EPTAB.
Environmental Advisory Board
1. Definition and Function: The EAB replaced the Environmental
Advisory Council (EAC) and the Water Management Advisory Board
(WMAB) per Land Development Code Section 5. 13 . 1. 2 . The EAB acts
in an advisory capacity to the Board of County Commissioners in
matters dealing with the review and evaluation of specific zoning
and development petitions and their impact on the regulation,
control, management, use or exploration of any or all natural
resources of or within Collier County.
The function of the EAB is: Review and recommend stipulations
addressing the preservation, conservation, protection, management
and beneficial use of the County's physical and biological natural
resources (atmospheric, terrestrial, aquatic and hydrologic) for
petitions and/or plans for selected development orders, including
but not limited to Rezones, Developments of Regional Impact,
Provisional Use, Subdivision Master Plans and Planned Unit
Development Amendments that are directed to the EAB by County
staff, the Board or the provisions of the Land Development Code.
The powers and duties of the EAB are as follows:
Implement the provisions of the Conservation and Coastal
Management Element of the County's Comprehensive Plan during the
review process for development petitions and/or plans.
Participate in the review and recommendation process for
excavations as provided for in Division 3 . 5 of the Land
Development Code.
Assist in the implementation of any new programs, ordinances
and/or policies created through the Environmental Policy Technical
Advisory Board and adopted by the Board of County Commissioners
which deal with the conservation, management and protection of
air, land, water and natural resources and environmental quality
in Collier County.
-1-
Provide an appeals forum and process to hear disputes between
County staff and applicants concerning land development projects
and recommend proposed stipulations for project approval or
grounds for project denial for Board consideration.
Function as an Environmental Impact Statement (EIS) appeal board
pursuant to Division 3 . 8 of the Land Development Code.
Acts as "buffer" on environmental issues; addressing conflicts and
their resolution(s) prior to the petitions being presented at the
Board of County Commissioners meetings. This important function
assists the Board of County Commissioners in limiting the number
of lengthy hearings with possible disputes.
Provides technical and advisory support to the Board of County
Commissioners .
2 . Membership: Seven (7) members appointed by and serving at the
pleasure of the Board of County Commissioners. Members must be
permanent residents and electors of Collier County and reputable
and active in community services. Members must demonstrate
expertise in one or more of the following areas: Air Quality,
biology (including any of the sub-disciplines such as botany,
ecology, zoology, etc. ) , Coastal Processes, Estuarine Processes,
Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use
Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater
Management, Water Resources, Wildlife Management, or other
representative areas deemed appropriate by the Board such as, but
not limited to, a representative of the development community.
Members serve without compensation, except for reimbursement for
expenses reasonably incurred in the performance of their duties
upon prior approval of the Board.
Current Members Affiliation/Expertise
Patrick H. Neale Lazarus and Neale Attorneys at Law;
Land Use Attorney
Eric D. Worsham Butler Engineering, Inc. ;
Environmental Specialist
Todd T. Turrell Turrell and Associates, Inc. ;
Environmental Engineer
George H. Hermanson Hole, Montes & Associates, Inc. ;
Civil Engineer
Dr. William V. Branan Biologist, PhD
Christine D. Straton Citizen
Michel Saadeh Vineyards Development Corp. ;
Land Use Planner/Civil Engineer
-2-
3 . Meetings: EAB convenes on the first Wednesday of each month at
9 : 00 a.m. in the Commissioner' s Meeting room. A simple majority
constitutes a quorum. A quorum has been met since the EAB was
created with the adoption of Ordinance No. 91-68 on July 30,
1991, which was incorporated into the Land Development Code on
October 30 , 1991 . The initial members were appointed by the
Board through Resolution No. 91-666 on September 24 , 1991. The
first meeting was held November 6, 1991. A total of nineteen
(19) meetings have been held since the EAB was created. The
following represents attendance at the nineteen (19) regularly
scheduled meetings:
* 7 members present 6 meetings
* 6 members present 10 meetings
* 5 members present 3 meetings
No scheduled meetings were canceled.
4 . Accomplishments:
a) The EAB has effectively performed the review function
formerly administered by two Boards, the EAC and WMAB.
b) Acted as a public forum to provide for and encourage public
participation in the review process.
c) Reviewed petitions on a case by case basis either concurring
with Staff ' s recommended stipulations or making
recommendations and/or changes to address the needs of the
project design and the natural resources on site.
d) Acted as an implementation Board for new ordinances and
regulations. The EAB has acted as a "sounding board" for the
codes.
e) Seventy (70) petitions have been reviewed by the EAB over the
past nineteen months. See "Attachment B" for detail.
f) Acted as a "buffer" on environmental issues; addressing
conflicts and their resolutions, prior to the petitions being
presented at the Board of County Commissioners meetings.
5 . Goals:
Continue to act in a review and advisory capacity to the Board of
County Commissioners to:
a) protect and enhance the public health, safety and welfare and
the quality of the environment while allowing for the
proposed activity to take place,
b) act as a moderating influence in the review process to assure
consistent application of the Land Development Code ' s
environmental and water management provisions,
c) continue to provide technical and advisory support to the
Board of County Commissioners and to perform those functions
previously listed,
d) make recommendations, where and when applicable, for Land
Development Code amendments based on actual evaluation of the
Codes and their implementation against current petitions.
-3-
FISCAL IMPACT:
Minimal. There are no advertising or recording costs. The EAB
members serve without compensation and are only entitled to receive
reimbursement for expenses reasonably incurred in the performance of
their duties upon prior approval of the Board of County
Commissioners.
cc: Frank Brutt, Community Development Services Administrator
Bob Blanchard, Site Development Review Director
John F. Madajewski, Project Plan Review Manager
EAB Members
Chrono File
-4-
ATTACHMENT "A"
COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD
Collier County Government Center
3301 Tamiami Trail East
Naples, Florida 33962
May 11, 1993
Mr. Neil Dorrill
County Manager
Collier County Government Center
3301 'Tamiami Trail East
Naples, Florida 33962
Dear Mr. Dorrill:
This letter is written in response to recent discussions that you have had with the Board of
County Commissioners for combining or abandoning certain County advisory boards
including the Environmental Advisory Board (EAB). At our March 3, 1993 meeting, EAB
members discussed this matter. We passed a resolution (5 to 0) to authorize me as
chairman to write you a letter on this matter.
It was the opinion of all EAB members present at the meeting that the EAB should
continue in existence as it is today. We feel it would be serious mistake to modify the board
or combine it with EPTAB. For several reasons, not the least of which is the County's
image, the need for an advisory hoard to review site-specific environmental conditions is so
important in a county undergoing dynamic growth.
Secondly, the EAB and EPTAB were created at the same time with two distinct functions,
(I might also mention that these boards were created by the Board of County Commissioners
with considerable input from the public, including technical experts and past advisory board
members.) EPTAB was to review proposed ordinances, land development code
amendments, and growth management plan amendments relating to environmental matters
in land development. This is a very distinct function from the EAB. The EAB was
organized to review zoning and other land development petitions which have significant
environmental impacts in Collier County.
The difference in these two functions is very distinct, and separate boards should be
maintained to perform these two distinct functions. To combine the boards would be to
combine strategic environmental planning with implementation of these policies through
review of land development petitions.
It may be well.at times to promote interaction between the boards to see how planning and
implementation work together. This can be easily accomplished by setting up workshops
between members of each board to, for example, give EPTAB input as to how previous
ordinances are being implemented by EAB. This could be valuable in future planning.
However, to combine the boards permanently with these two responsibilities, we feel,would
be a mistake,
i;
Mr, Neil Dorrill
May 11, 1993
Page 2
An additional reason has to do with the time available for board members. It must be kept
in mind that these board positions are volunteer, non-paying jobs, While most board
members, I am sure, are glad to give of their time, this should not be carried to an excess.
If these two boards were combined, the time commitments would be so demanding that it
would be difficult to get good people to volunteer. We think that the scope and
responsibility of the hoards should be kept to a reasonable level so that board members can
freely give of their time without being overextended.
We sincerely hope you will consider the position of this board on this matter, We would be
happy to discuss it further with you and/or the Board of County Commissioners if you so
desire
er:ite urs,
George H. Hermanson, Chairman
Collier County Environmental Advisory Board
GI-11+u
cc; BCC Board Members
EAB Members
John Madajewski
ATTACHMENT "B"
Petitions reviewed by the Environmental Advisory Board November 6,
1991 through May 5, 1993 .
Petition Type Number
Exemption to Coastal Construction Setback Line 1
Special Treatment Development Permit 17
Rezone 18
Preliminary Subdivision Plat 12
Site Development Plan 2
Excavation Permit 10
Planned Unit Development Amendment 7
Conditional Use 2
Other 1
Total 70
rp
r- FORM 4 MEMORANDUM OF VOTING CONFLICT
r
LAST AME-FIRST NAME-MIDDL NAMEifylell,
e.. A s ,,, �`/ 4 !!��'/ , THE BOARD. COUNCIL,COMMISSION, AUTHORITY. OR COMMITTEE ON
���//•Cir/! ,WHICH I SERVE IS A UNIT OF:
ULING AD R. .
` �`S ` `'� ��' b� �� 0 CITY ACOUNTY 0 OTHER LOCAL AGENCY 0 STATE
CITY, i l t CONTY
7i " ICS T 33TG 3 -Co///4 ,P NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE O WHICH VOTE OCCURRED COaGO/ 0•014 0
1NN
5
NAME F-BO
OARDf, OUNCIL,COMMISSION,AUTHORITY.OR COMMITTEE
e /�/e.e. C.o1.4h Er!it/c0"/7kNLI "7 / e/5 aery
ODai'c, J
WHO MUST FILE FORM 4
This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee,
whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
interest. .
As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided
into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed.
i
L
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes(Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM
`VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
a:nowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government
agency as defined in Section 1 12.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict:
(a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting;and
(b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from
voting. In such cases, however, the oral and written disclosure of this part must be made.
I, the undersigned local public officer, hereby disclose that on MitAi c , 19 F-5 :
(a) I abstained from voting on a matter which(check one):
inured to my special private gain; oorr, / /�
- /
—inured to the special gain of /4/ei ,/�'/e5 455 / //h L . , by whom I am retained.
(eF?p6 yrs)
CE FORM 4-REV. 10-84 PAGE
(b) The measure on which I abstained and the nature of my interest in the measure is as follows:
POO - -3 (,) ( e..c�.L./ Ales 7&
5/ 55 label
Date Filed •
ignature
Please see PART C for instructions on when and where to file this form.
PART B
VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS
[Required by Section 112.3143(2), Florida Statutes(Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However,.any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on , 19
(a) I voted on a matter which (check one):
inured to my special private gain; or
inured to the special gain of
, by whom I am retained.
•
(b) The measure on which 1 voted and the nature of my interesn the measure is as follows:
Date Filed Signature
Please see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not
be filed merely to indicate the absence of a voting conflict.
NOTICE:UNDER PROVISIONS OF FLORIDASTATUTES4112.3I7(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTITUTESGROUNDS FOR AND MAY
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,
DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED 85,000.
•
CE FORM 4-REV. 10-84
PAGE=