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EAC Agenda 04/07/1993
COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA APRIL 7, 1993; 9 : 00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F" I . ROLL CALL II . APPROVAL OF MINUTES--March 3 , 1993 III . ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA A. Special Treatment Development Permit ST-93-3 ""GTE Everglades City Cell Site" Section 25, Township 52 South, Range 29 East Collier County, Florida B. Special Treatment Development Permit ST-93-2 and Conditional Use Petition No. CU-93-3 "Sterling Communications" Section 8 , Township 50 South, Range 26 East Collier County, Florida V. REGULAR AGENDA C. Conditional Use Petition No. CU-92-17 First Haitian Baptist Church" Section 12 , Township 51 South, Range 26 East Collier County, Florida D. Planned Unit Development Petition No. PUD-93-1 "Pelican Marsh Community " Sections 27 , 34 & 35, Township 48 South, Range 25 East Collier County, Florida E. Planned Unit Development Petition No. PUD-92-11 "Lely Lakes" Sections 30, 31 & 32 , Township 50 South, Range 26 East Collier County, Florida VI . OLD BUSINESS VII. NEW BUSINESS VIII . ADJOURNMENT IX. WORKSHOP ******************************** +e********* **************************** NOTES: A. [Board Members] : Notify PROJECT PLAN REVIEW (643-8470) no later than 5 P.M. on Monday April 5, 1993, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. [General Public] : Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto; and therefore may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. *********************************************************************** rr FORM 4 MEMORANDUM OF VOTING CONFLICT _ LAST NAME-FIRST NAME-MI DLE NA EC /��_ _ f'7 C2 4�t,J JC' A/ t C.7e 0+.C1 6 1 WHICH t THE RD COTS N IIL,CNIT MMISSION. AUTHORITY. OR COMMITTEE ON MAILING ADDRESS /N 5 C Y 1/5 re 7-14I ( , 5- 0 CITY COUNTY CI OTHER LOCAL AGENCY 0 STATE COUNTY NA-PLCs G0(_L./S2. NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON W HI H VOTE OCCURRED 7 q3 ea L(.l E o c>iti T( NAME OF'BOARD,COUNCIL.COMMISSION.AUTHORITY.OR COMMITTEE FA".✓. ,-D✓. zSOAIL!) . 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 arc 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. 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 knowingly 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 112.312(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 arc not prohibited from voting. In such cases, however, the oral and written disclosure of this part must bemade. I, the undersigned local public officer, hereby disclose that on Li//? , t9 r,-3 = (a) I abstained from voting on a matter which(check one): inured to my special private gain; or 7 inured to the special gain of / PO L6 AlOA1 TES 4 /95506/4 7-63 , by whom I am retained. PAGE CE FORM 4-REV.10-84 r _ (b) The measure on which I abstained and the nature of my interest in the measure is as follows: / PbD 93 - (PE /c /41,425N) •• E/tIPL pyE2 (Z 74t'AJGD FAY PST! -/o Porz Gt/o 4- o n/ Piz 0 J- G7 577/93 _ Aril/ 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 officia, 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 1 am retained. (b) The measure on which 1 voted and the nature of my interest in 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 FLORIDA STATUTES§I 12317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS 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$5,000. CE FORM 4-REV. 10-84 PAGE: rrFORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME—FI T -MIDDLE NAME (//�` (�j Y-b \�1J THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON �j / cL� �- WHICH I SERVE IS A UNIT OF: MAILING(f ( O !DRESS 1.5� ,Ave ✓ . ,, , ., __ ^G�j '�tO CITY %COUNTY ❑OTHER LOCAL AGENCY ❑STATE •fY C UN Y /i tt D IC2_5 J F/DYr G 21/1, NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATEO WHIH VOTE OCCURRED �16cli '1 7 ��SSION RUTIONH R Y OR O l NAPJfr&Y OARDNCI L,C F.viAlti Jv i ti I Arc 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. L - 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 PART A - VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS I [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 r: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 112.312(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 r)r/ 7 , 19 /C�'3 : (a) I abstained from voting on a matter which(check one): inured to my special private gain; or / �— /inured to the specialgain of G. I E_ /r 1©infid 4- ./Y1G P J , by whom I am retained. 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: x E►,,,,,j,e.�vs ,, e [4 cam- VA/ - \rw1., CST— 493 �3> il (cf......,--___/ . Date Filed ��4� • Signature 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 off:i2 capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is regLre.' 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 retain .. • (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 PROVISIONSOF FLORIDA STATUTES¢I12317(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 55,000. CE FORM 4-REV. 10-84 PAGE: MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: March 3 , 1993 TIME: 9 : 00 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAB COUNTY STAFF PRESENT Branon X Madajewski X Worsham X Prynoski X Turrell X Adarmes X Neale X Burgeson X Saadeh X Reischl X Straton X Polen X Hermanson X Milk X Lord X Howell X MINUTES BY: Barbara S. Burgeson, Environmental Specialist CALLED TO ORDER AT: 9 : 08 a.m. ADJOURNED AT: 12 : 17 p.m. PRESIDING: George Hermanson, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES: February 3 , 1993 approved with two modifications: See petition ST-93-1, "Weaver Station" stipulation # 4 . 4 . There shall be a ninety (90) day postponement for demolition of buildings during which time the Collier County Archaeological Board will bring Weaver Station as a petition to Board of County Commissioners. If there is no formal action by the Board of County Commissioners relating to preserving the buildings, the petitioner may proceed as planned with the building demolition. If an organization wishes to remove the buildings they can arrange to do so with the owner. See petition SDP-90-74A "Capri Cove Docking Facility" , Motion: Made by Mr. Worsham, seconded by Mr. Branan and carried 4/2 with Mr. Saadeh and Mr. Hermanson opposed, that the Final Site Development Plan be brought before the EAB as soon as Staff has had the opportunity to receive and/or review technical assistance by the appropriate State and Federal agencies and has completed its review. Page 1 ENVIRONMENTAL ADVISORY BOARD MARCH 3 , 1993 ****** PETITION NO: Final Site Development Plan SDP-90-74A, "Capri Cove Docking Facilities" FILED BY/FOR: Debbie Orshefsky, Esquire and R & L Development of Marco, Inc. REQUESTING: Final site development plan approval for the Capri Cove Docking Facility. REPRESENTED BY: Debbie Orshefsky, Esquire COMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor, Building "F" , Collier County, Government Complex. MOTION: Made by Mr. Neale, seconded by Mr. Turrell and carried 5/2, to approve Petition Final SDP-90-74A with modified stipulations. STIPULATIONS: Environmental: 1. Approval of Preliminary SDP-90-74A applies to only Phase I. Any proposed site alteration or development within Phase II shall be reviewed by the Environmental Advisory Board during the site plan submittal and review process. 2 . Sufficient and adequate turbidity screening shall be provided prior to and during construction, with proposed locations of silt screen placement clearly indicated on the final site development plan, in order to prevent increased turbidity in the waters of the State. 3 . At the time of dock use commencement, the applicant shall install and maintain channel markers in and out of the area. In the event that the applicant cannot receive permission from the applicable agencies to install and maintain channel markers he/she must submit documentation that he/she applied for permits and/or exemptions and he/she must install and maintain navigational signage on the upland adjacent to the boat dock facility. Page 2 ENVIRONMENTAL ADVISORY BOARD MARCH 3 , 1993 4. At the time of dock use commencement, pursuant to Goal 2, and associated objectives and policies of the Coastal and Conservation Management element - Growth Management Plan, the applicant shall be subject to a water quality monitoring program and sediment analysis plan approved by Project Plan Review Environmental Staff. Water quality shall be evaluated using state water quality standards (403. 061 (10) F.S. and F.A.C. 17-302 .550) . 5. At the time of dock use commencement, a Manatee Information Bulletin Board shall be constructed and maintained in a conspicuous location on site. Manatee Area signs shall be prominently posted in dock areas. Idle speed signs shall be posted as appropriate in the channel. 6. a) If the Army Corps of Engineers (ACOE) permit is not modified after U. S. Fish and Wildlife Service's biological opinion is filed with ACOE, Final SDP does not have to go back to the Environmental Advisory Board (EAB) , or b) If ACOE's permit is modified by U. S. Fish and Wildlife Service's biological opinion, Final SDP does not have to go back to EAB if Staff stipulations are not affected. However, if stipulations are affected by said modifications, Final SDP must be re-submitted for further consideration by the EAB. ****** PETITION NO: PSP-92-16, "Immokalee Airport Industrial Park" FILED BY/FOR: Collier County Board of County Commissioners REOUESTING: Preliminary Subdivision Plat approval for Phase I of the Immokalee Airport Industrial Park. REPRESENTED BY: George Archibald 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 3 ENVIRONMENTAL ADVISORY BOARD MARCH 3 , 1993 MOTION: Made by Mr. Saadeh, seconded by Mr. Neale and carried 7/0, to approve Petition PSP-92-16 with Staff's stipulations. STIPULATIONS: Water Management: 1. Slopes on ponds, swales and berms shall not be steeper than 4: 1, unless specific, separate approval is obtained from Project Plan Review. 2 . Existing ditches where discharge is being contemplated, as well as the ditch along the north portion of C. R. 86 shall be analyzed to show the ditch has the capacity to handle the project's discharge. Any improvements deemed necessary shall be done by the owner, prior to any subdivision acceptance by the County. 3. An Excavation Permit will be required for the proposed detention areas in accordance with Division 3.5 of Collier County Ordinance No. 92-73 and South Florida Water Management District rules. 4. Landscaping shall not be placed within the water management areas unless specifically approved by Project Plan Review. 5. In accordance with the stormwater design and South Florida Water Management District permit each individual lot exceeding eighty percent (80%) of impervious area will require additional dry-pretreatment on site. At the time of development permitting for each individual lot, confirmation that this requirement has been met shall be provided. 6. The final construction documents for this swale system must hydraulically document that the proposed water quality storage from the right-of-way only, will not affect the roadway sub-base. If the sub-base is found to be affected, no water quality storage can occur within the proposed right-of-way. Environmental: 1. As a part of the submission package for the final plat and construction plans, the petitioner shall provide updated detailed wildlife surveys, with specific attention directed towards burrowing owls, Florida scrub jays and gopher tortoises. Page 4 ENVIRONMENTAL ADVISORY BOARD MARCH 3 , 1993 These surveys shall be conducted according to guidelines set forth by Florida Game and Fresh Water Fish Commission, and shall include information requested by Ms. Kimberly Dryden in her letter to Barbara Burgeson dated February 9, 1993. 2 . As a part of the submission package for the final plat and construction plans, the petitioner shall provide a revised vegetative inventory and map and an updated EIS to include the revisions to the wildlife and vegetation sections (3.8. 5. 4 . 1 Subsection 5) , as well as address the impacts in the General Section (3.8. 6) . 3. A wildlife management and habitat management plan shall be provided with the submission package for final plat and construction plans. This plan shall be reviewed and approved by FGFWFC and Collier County Project Plan Review Staff. ****** PETITION NO: CU-92-16, "Everglades Airboat Tours" FILED BY/FOR: Mitchell D. and Teresa E. House REQUESTING: Conditional use approval to operate an airboat tour business. REPRESENTED BY: Mitchell D. and Teresa E. House 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. Saadeh, seconded by Mr. Neale and carried 5/2, to approve Petition CU-92-16 with modified Staff's stipulations. STIPULATIONS: 1. The petitioner shall submit to Project Plan Review Environmental Staff for review and approval, a monitoring program to assess possible impacts to the natural resources of the area within the conditional use boundaries, specifically impacts to avian species. The monitoring program must Page 5 ENVIRONMENTAL ADVISORY BOARD MARCH 3 , 1993 include at a minimum, avian species utilization data collected bi-annually, once during the wet season and once during the dry season, over a five year period, beginning after private airboat tour operation commencement. If Staff determines that the data indicates negative impacts on avian species populations utilizing the site, petitioner shall be provided notice of such impact and given 90 days to provide a plan acceptable to Staff and petitioner to correct such impacts. If an agreement is not reached, the petitioner shall be required to return to the Environmental Advisory Board (EAB) or its successor for possible private airboat tour operation revisions (e.g. existing trails, etc. ) . 2 . At the time of private airboat tour operation commencement, the petitioner shall install and maintain no trespassing signage along the entire property line every 300± yards. The entire property shall be utilized specifically for commercial conservation/ecological tours. There shall be no other permitted uses associated with this conditional use. 3. The applicant shall utilize existing airboat trails in a round trip method according to the proposed existing trails identified on the aerial submitted on February 10, 1993. ****** ITEM: New Business COMMENTS: Discussion of letter to Neil Dorrill, County Manager from Ms. Straton dated February 11, 1993 , regarding EAB. ****** ITEM: Workshop COMMENTS: An informational presentation was made to the EAB members by petitioners for: Rezone Petition No. PUD-93-1, "Pelican Marsh" . ****** There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board George H. Hermanson, Chairman Page 6 V.-D ENVIRONMENTAL ADVISORY BOARD REVISED STAFF REPORT MEETING OF APRIL 7, 1993 I . NAME OF PETITIONER/PROJECT: Petition No. : PUD-93-1 Petition Name: "Pelican Marsh Community" Applicant/Developer: Westinghouse Communities of Naples Engineering Consultant: Wilson, Miller, Barton & Peek, Inc. Environmental Consultant: Wilson, Miller, Barton & Peek, Inc. II . LOCATION: Sections 27 , 34 & 35, Township 48 South, Range 25 East; general bundaries: west - U. S. 41 North, north - agricultural lands, Collier County Wastewater Treatment Plat, and Victoria Park Subdivision; east - Airport Road; south - proposed Vanderbilt Beach Road, Pine Ridge Subdivision, Villages of Monterey, Emerald Lakes and an undeveloped residential parcel. III . PROJECT DESCRIPTION: The petitioner proposes to rezone 1, 086 . 5± acres of land into a planned unit development (PUD) . This area is the initial phase of a planned 2 , 075 acre residential/mixed use community which will become a Development of Regional Impact (DRI) . Westinghouse Communities of Naples (WCN) will be the developer of this project. A Community Development District (CDD) will be created to design, construct, manage, and maintain infrastructure and community facilities needed to serve the project. The land use will consist of 469 . 0 acres of residential area, 275. 7 acres of golf course/recreation and open space, 130. 9 acres of reserve area, 106 . 7 acres of lakes, 44 . 0 acres of internal right-of-way, 25 . 8 acres for the future extension of Vanderbilt Beach Road, and 34 . 4 acres of miscellaneous open space/buffer area (includes open space, Florida Power & Light easement and canal) . Plan of Record: Water Management: "Pelican Marsh, Conceptual Surface Water Management Plan, Master Plan, Exhibit B" prepared by Wilson, Miller, Barton & Peek, Inc. , dated January 1993 , one revision. Environmental: "EIS for Pelican Marsh" prepared by Clay Carithers of Wilson, Miller, Barton and Peek, Inc. , dated January 11, 1993 ; "Preliminary Design Report for the Cocohatchee Strand Restoration Program" prepared by Wilson, Miller, Barton and Peek, Inc. , Revised January 29, 1993 and associated graphics and sections of the PUD document. EAB Meeting 4/7/1993 PUD-93-1 Page 2 IV. STAFF COMMENTS: Water Management: The existing conditions of the project site consists of agricultural fields, wetlands, uplands, and public right-of-way areas. The project site falls within the Cocohatchee River Basin watershed and it is subdivided into several sub-basins. The project is located within the Pine Ridge Canal, the Airport Road North and the West Branch Cocohatchee River sub-basins. Currently the project discharges into the Pine Ridge and Airport Road Canals, which eventually outfalls into the Cocohatchee River. There exist off-site flows onto the project site coming from Villages of Monterey, Pine Ridge Subdivision, U. S. Highway 41, Goodlette-Frank Road, Florida Power & Light easement and the northwest adjacent property. The proposed water management system will consist of four basins which are subdivided into drainage areas and its design will be in conjunction with the proposed Cocohatchee Strand Restoration Program, and relocation and expansion of the Pine Ridge Canal. The interconnected drainage areas will utilize lakes and wetland areas to provide the required water quality and quantity storage volumes. Storm sewers, swales and overland flow will convey the run-off to the storage areas. The discharge rate after development is completed, will be limited to 0. 22 cfs/acre, and it is based on pre-development conditions, which were determined through an engineering analysis which was reviewed and approved by Collier County Project Plan Review. This analysis demonstrated that the 0. 22 cfs/acre discharge would not effect the capacity of the Pine Ridge Canal. Four (4) control structures will be located around the project which will outfall the discharge into the relocated Pine Ridge Canal. Two (2) of the drainage areas (DA3A & DA4D) will sheetflow through some wetlands into the canal. Existing off-site flows will be routed around the project where possible, and where not possible will be conveyed through the project's water management system to the canal. The water quality and quantity storage volumes for future Goodlette-Frank Road expansions contiguous to the project will be provided within the project. Off-site flows from the Pine Ridge Subdivision, U. S. 41, the future development areas, DA1C and DA4B, and the adjacent northwest tract will be conveyed through or routed around the project water management system. EAB Meeting 4/7/1993 PUD-93-1 Page 3 With the relocation of the Pine Ridge Canal an existing amil gates will have to be relocated. There are two other amil gates on the canal north of the project site which along with the one on-site will need to be rehabilited in order to make them work. The Pine Ridge Canal from the north border of the PUD to the point immediately south of the Immokalee Road amil gate may need to be maintained by Pelican Marsh Community Development District (see Stipulation # 8) . The proposed water management system meets the requirements of water quality and quantity in accordance with South Florida Water Management District criteria. Environmental: The proposed planned unit development contains several areas zoned A-ST (rural agricultural with a special treatment overlay) . A portion of the property also falls within wellfield protection zones as regulated by the Groundwater Protection Ordinance (No. 91-103) . The ST overlay is proposed to be removed, the wellfield protection zones shall remain on the zoning map. The site includes hydric and non-hydric soils. The non-hydric soil types include Immokalee fine sand; Myakka fine sand; Drum & Malabar high, fine sand; Boca fine sand; and satellite fine sand. The hydric soils include Basinger fine sand; Holopaw & Okeelanta, depressional; and Boca, Riviera limestone substratum and Copeland fine sand. Current site conditions indicate that the storm surge of a storm with landfall in Collier County would result in flooding under the following conditions: Approximately half the site, primarily the slough and surrounding lands would be flooded in a category 2 hurricane. The other half of the land would be flooded in a Category 3 storm surge. (Southwest Florida Regional Planning Council, June 1991) The native vegetation on a large portion of the site has been previously removed for agricultural activities (row crops and pastures) . The major undisturbed upland biotope is pine flatwoods. A 2 . 2 acre area of scrub habitat is present in the southwest portion of the site. This area has been disturbed in the past by the construction of Old U. S. 41 and associated ditches. However the area still provides habitat for gopher tortoises (Gopherus polyphemus) . The major impact to this scrub area may be from the proposed Vanderbilt Beach Road extension (not a part of this project) . EAB Meeting 4/7/1993 PUD-93-1 Page 4 The proposed project contains 141. 5± acres of Collier County jurisdictional wetlands. The petitioner proposes to fill or otherwise impact the following (wetland numbers refer to Environmental Impact Statement (EIS) Exhibit "J") : portions of wetlands 4 , 5, 8 and 9; and all of wetlands 6, 7 , 14 and 15. EIS table 1 (pg 11) summarizes impacts to wetlands within the planned unit development boundaries. The majority of wetland 4 (cypress wetland) is proposed for preservation. Wetland 6 (Pine Ridge Canal) is proposed to be relocated as a meandering water body with increased littoral zone area. Wetland 7 (Horse Creek, open water, some laurel oaks) is proposed to be filled. A portion of wetland 8 (cypress wetland) will be preserved. Wetland 9 (hydric pine/cypress) will be filled (Vanderbilt Beach Road may impact the majority of this site) . Wetland 14 (0. 2 acres of hydric pine/cypress) will be filled. Wetland 15 (primarily melaleuca, used as an agricultural discharge area) will be totally impacted. These impacts account for 35. 1 acres of proposed impacts to 141. 5 acres of Collier County jurisdictional wetlands on site. Wetlands 5, 10 and 11 are proposed for inclusion in the "Cocohatchee Strand Restoration Program" (Strand Plan) . This plan proposes a road crossing (Pelican Marsh Blvd. ) through wetland 5 with culverts and a wildlife underpass. (It should also be noted that the proposed Vanderbilt Beach Road extension may impact wetland 11. The road is not a part of this project. ) The remainder of wetlands 5, 10 and 11 are proposed for preservation (some impacts are proposed in order to facilitate restoration, see Strand Plan) . The proposed PUD is 1086. 5 acres. Approximately 747 . 8 acres is classified as non-native habitat and disturbed lands. Approximately 338 . 7 acres of the site is native habitat, both upland and wetland. The petitioner is proposing retention and restoration of approximately 135 acres (40% of native vegetation on site) . The petitioner states that the wetlands on site "are considered not viable, not naturally functioning, degraded wetland ecosystems according to Policy 6. 2 . 3 of the Conservation and Coastal Management Element" (EIS, pg 10) . The petitioner further states that "The Pelican Marsh PUD project is compatible with Objective 6. 2 of the Conservation and Coastal Management Element since there will be no loss of any viable naturally functioning fresh water wetlands" (EIS, p 22) . EAB Meeting 4/7/1993 PUD-93-1 Page 5 Staff disagrees. Functions of some of these wetlands may be low (the melaleuca dominated wetland 15, for example) , but they still function as wetlands. The Collier County Land Development Code defines viable wetland as "a wetland system that provides or has a reasonable probability to provide functions (roles or values) relating to environmental quality, fish and wildlife and/or socioeconomic values. " Past degradation does not necessarily eliminate wetland function. The Fakahatchee Strand has been degraded by past logging activities and it is Staff's opinion that the Fakahatchee Strand still provides wetland functions. Staff also believes that Pelican Marsh wetlands function as wetlands, and that any impacts to those wetlands should be compensated. The petitioner states that "proposed impacts to the existing Collier County jurisdictional wetlands formed by the (Pine Ridge) canal total 11. 5 acres and the proposed relocated canal will total about 16 . 5 acres of better quality wetlands, the applicant submits that this is sufficient mitigation" (EIS, pg 22) . Staff agrees. The petitioner provided plant and animal species surveys using the specifications described in the EIS. Evidence of several listed species was observed. The wetland-dependent species (alligators and wading birds) may find increased habitat in the area of the proposed Strand Plan. The gopher tortoises (G. polvphemus) on site, are proposed for relocation to golf course/open space areas. The Collier County Growth Management Plan - Conservation and Coastal Management Element states that "the County's policy is to protect gopher tortoise burrows wherever they are found. It is recognized, however, that there will be unavoidable conflicts which will require relocation of burrows. " (Policy 7 . 3 . 5) Much of the proposed impact to the gopher tortoise habitat may be caused by the Vanderbilt Beach Road extension (not a part of this project) . The remaining, marginally suitable habitat, would not be large enough to support the existing gopher tortoise population on site. the Florida Game and Fresh Water Fish Commission (FGFWFC) (see letter dated February 12 , 1993 from Kimberly A. Dryden) proposes that the petitioner protect 16. 5 acres of a regional mitigation park or 16 . 5 acres of scrub habitat within the Pelican Marsh DRI (currently off-site) in order to meet the criteria for an incidental take permit. In addition, the petitioner has agreed to retain the tortoises away from construction areas until the golf course/open space is completed, and to relocate the tortoises to the golf course/open space district. According to the petitioner, the scrub area located off-site is not slated for acquisition for several years and the golf course is proposed to be one of the first features developed if this project is approved. Therefore, the petitioner and Staff agree that relocating the tortoises to the golf course district would provide the least stress for the animals. EAB Meeting 4/7/1993 PUD-93-1 Page 6 The osprey nest at the southern boundary along Goodlette-Frank Road is in an area slated for little development. The FGFWFC has requested a "nest buffer" (letter dated February 12 , 1993 from Kimberly A. Dryden) . The petitioner has agreed to relocate the colony of pine pinks on site if it is found to fall within the limits of construction. Dr. Robert Read, Botanist, formerly of the Smithsonian Institution, has stated that pine pinks are relatively easy to transplant (personal communication to Barbara Prynoski, Project Plan Review) . The petitioner through Piper Archeological Research, Inc. has located no historic sites within the Pelican Marsh PUD. Two sites were noted outside the boundaries of the PUD, and were deemed by the Florida Department of State to be not significant (letter dated February 27 , 1993 from George W. Percy) . The Cocohatcchee Strand Restoration Program. The petitioner has proposed an on site mitigation bank to be known as the Cocohatchee Strand Restoration Program (Strand Plan) . The bank is to be used as mitigation only for development impacts within the Pelican Marsh (Manatee) DRI . The Pelican Marsh PUD lies within the DRI . The primary wetland feature within the Pelican Marsh PUD is the cypress wetland running through the center of the site. This wetland is divided into parcels (Wetlands 5, 10, and 11) that are hydrologically distinct through most of the year. The Strand Plan proposes to restore the historic hydrological connection between the three wetlands. An eighty (±80' ) foot marsh will be constructed to connect wetlands 5 and 10, and the wetland system will be isolated from the re-configured Pine ridge Canal. Two pump stations are proposed to withdraw water from the Pine Ridge Canal and the surface water management system and discharge into the Strand (hydrologically re-connected at that time) . Prohibited exotic vegetation is dense through some areas of the Strand, and present to some degree through most of it. County code requires its removal. In areas where exotics are dense, the petitioner proposes altering the topography and replanting to create marshes, ponds, forested wetlands, and upland hammocks. The Strand is proposed to be platted as a conservation tract with uses limited to those listed in the PUD document. The maintenance of the Strand is proposed to be under the auspices of a Community Development District pursuant to Florida Statutes Chapter 190. EAB Meeting 4/7/1993 PUD-93-1 Page 7 The Strand Plan is proposed to be implemented upon approval of the PUD and other applicable permits. The petitioner has proposed a mitigation bank utilizing the Strand's restoration as mitigation credits. The credits would increase over time if the Strand Plan meets success criteria. Credits could be utilized by future developments within the Pelican Marsh (Manatee) DRI, for wetland impacts. Approval of the mitigation bank will not exempt the petitioner from Collier County wetland preservation regulations, however, if the use of mitigation is deemed appropriate by County Staff, the Strand mitigation bank credits may be used. This staff report is a generalized summary of the Strand Plan. For a comprehensive report, the reader is directed to the "Preliminary Design Report" . V. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition No. PUD-93-1, "Pelican Marsh Community" with the following stipulations: Water Management: 1. An Excavation Permit will be required for the proposed lake(s) and Pine Ridge Canal relocation in accordance with Division 3 . 5 of Collier County Ordinance No. 91-102 and South Florida Water Management District rules. 2 . A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. 3 . A letter of no objection from Collier County Utility Division that no impacts on the percolation ability of the adjacent wastewater treatment ponds will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which ever occurs first. 4 . All off-site flow collection and routing facilities shall be reviewed and approved by Collier County Project Plan Review at the time of subdivision construction plan approval. 5. The fixed crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Program construction plan approval or Preliminary Work Authorization approval. EAB Meeting 4/7/1993 PUD-93-1 Page 8 6 . As long as Collier county has operation and maintenance authority over the existing Pine ridge Canal amil gates on Immokalee Road (CR 846) , WCN or the Pelican Marsh UCDD will pay for the design and construction costs associated with the rehabilitation of the said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the bearings and access walks) and the gate seals (if required) . Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of WCN or their assigns. Collier County will contribute $9, 000. 00 to the cost of design and construction. The rehabilitation shall be completed by the time the Cocohatchee slough restoration plan is certified complete to South Florida Water Management District. 7 . If legally and physically possible, the Pelican Marsh Community Development District will maintain that portion of the Pine Ridge Canal from the north border of the PUD to a point immediately south of the Immokalee Road amil gates. Maintenance responsibility by the District will cease at the time of final development order for the property encompassing said portion of canal. The District will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. 9 . Section 6. 8 of the PUD document shall contain the above mentioned stipulations. Environmental: 1 The petitioner shall contact the Florida Game and Fresh Water Fish Commission for a "nest buffer" recommendation for the osprey nest in the southern portion of the site. 2 . The petitioner shall plat the Reserve District as a conservation easement, per Collier County Land Development Code Section 3 . 2 . 8 . 4 . 7 . PREPARED BY: J,, • fi ! i July C. ' ,darmes, P. E. Date Technical _ ervices Supervisor _ 441 -.Lc, VS- Fred .•e, chl Date Envi onnental Specialist II REVIEWED BY: I i 1.22 ,t..z;),_._ Barbara N. Prinoski Date C e En ro e t 1 Specialist / Jo n F. adajews ' , P.E. Date P,, oject Plan Revi w Manager ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF APRIL 7, 1993 I. NAME OF PETITIONER/PROJECT: Petition No. : ST-93-3 Petition Name: "GTE Everglades City Cell Site" Applicant/Developer: GTE Mobilnet, Inc. Engineering Consultant: Butler Engineering, Inc. Environmental Consultant: Butler Engineering, Inc. II. LOCATION: The property is located in Section 25, Township 52 South, Range 29 East at the southeast corner of U. S. 41 South and and S. R. 29, behind the Sheriff's substation. The parcel is zoned ACSC/ST. Adjacent land use: north, A-ACSC/ST - U. S. 41 South, vacant; south, A-ACSC/ST -canal, vacant; east, A-ACSC/ST - canal, vacant; and west, A-ACSC/ST, S. R. 29 . III. PROJECT DESCRIPTION: The petitioner requests an exception to the Special Treatment (ST) development regulations to allow the replacement of an existing communications tower and associated structures. The current tower is a three hundred twenty (320) foot tower, supported by guy wires. This tower is proposed to be be removed after the new tower is completed. The new tower will be built on a five thousand (5000) square foot area (50'x100' ) leased from Collier Development Corporation. The proposed tower will be constructed over existing asphalt. No additional driveways or parking are necessary. No increase in impervious area and no protected vegetation is proposed to be removed. Dominant vegetation is willow (Salix caroliniana) and Brazilian pepper (Schinus terebinthifolius) . Plan of Record: Environmental: Site plan prepared by Butler Engineering, Inc. and W. R. Frizzell Architects, Inc. dated November 13 , 1992 and Map of Specific Purpose Survey prepared by W. Lamar Evers, Inc. dated November 11, 1991. IV. STAFF COMMENTS: Environmental: The proposed site plan meets the exception criteria stated in Collier County Land Development Code Section 2 . 2 . 24 . 8 . EAB Meeting 4/7/1993 ST-93-3 Page 2 V. RECOMMENDATIONS: Staff recommends approval of Special Treatment Development Permit ST-93-3 , GTE Everglades City Cell Site with the following stipulations: Environmental: 1. An exotic vegetation maintenance plan in conformance with Collier County Land Development Code Section 3 .9 . 6. 6. 5 shall be submitted to Project Plan Review - Environmental Staff for review and approval prior to construction. 2 . Silt screening and/or other effective water quality protective measures shall be in place during the construction of the proposed tower and removal of the existing tower along the existing canal (south and east of project) . 3 . During construction, protective barriers shall be installed and maintained around protected vegetation according to criteria set forth in Collier County Land Development Code Section 3 . 9 . 5. 1. 5 (1) . 4 . Upon issuance, the building permit is subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs. PREPARED BY: `Y. rc� /� i/ < �C ��/ I/V 3 Barbara N. Pryjoski Date Chief Environmental Specialist REVIEWED BY: i !,) 1 L / /cam 1[ l rl; t,I (../ John 'F. Madajewski, P. . Date Project Plan Review Manager ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF APRIL 7 , 1993 I . NAME OF PETITIONER/PROJECT: Petition No. : ST-93-2/CU-93-3 Petition Name: "Sterling Communications Tower" Applicant/Developer: Sterling Communications Engineering Consultant: McAnly, Asher and Associates Environmental Consultant: McAnly, Asher and Associates II. LOCATION: The property is located in Section 8, Township 50 South, Range 26 East, approximately 0. 5 mile east of County Barn Road, on the north side of Crews Road. The five (5) acre parcel is zoned "E" and "E-ST" and is surrounded by similarly zoned properties. III. PROJECT DESCRIPTION: The petitioner requests an exception to the Special Treatment (ST) development regulations to allow the replacement of an existing communications tower and associated structures. The southern half (±) of the property does not contain the "ST" overlay. The only portion of the development proposed to encroach into the "ST" area is a guy wire and anchor to replace such structures currently existing within the "ST" area. No additional removal of vegetation is proposed. Plan of Record: Water Management: Site Plan and Survey prepared by McAnly, Asher and Associates, dated January 28, 1993 ; no revisions. Environmental: Site Plan and Survey prepared by McAnly, Asher and Associates, dated January 28 , 1993 ; no revisions. IV. STAFF COMMENTS: Water Management: The site and proposed improvements fall into the minimum requirements for water quality, in accordance with SFWMD criteria. The water management system shall be designed to handle the first inch of runoff for the area being disturbed for improvements. EAB Meeting 4/7/1993 ST-93-2/CU-93-3 Page 2 Environmental: The proposed site plan will not require additional modification, with the exception of exotic vegetation removal, of the topography, drainage, flora, or fauna within the "ST" area. No emission of pollutants that will degrade the air, water, or soil below existing levels is proposed. Therefore, the project complies with the requirements for an exception to the ST development regulations (CCLDC Section 2 . 2 . 24 . 8) . V. RECOMMENDATIONS: Staff recommends approval of Special Treatment Development Permit and Conditional Use Petition ST-93-2/CU-93-3 , "Sterling Communications Tower" with the following stipulations: Water Management: 1. The water management system shall be designed to handle the first inch (1") of runoff for the area of the lot being disturbed. Environmental: 1. The petitioner shall provide to Collier County Project Plan Review for review and approval, an "Exotic Vegetation Maintenance Plan" . (CCLDC Section 3 . 9 . 6. 6 . 5) PREPARED BY --K/3://" D J . Adarmes, P.E. Date iechnical ,Services Supervisor Fred R4ischl Date Environmental Specialist II REV EWED BY: r -CWA. 3b 6/9. arbara N. Pr noski Date Chief Environmental Specialist A ,/,�.. ,;� / John F. '1Madajewskij P.E. Date P4oject Plan Review Manager ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF April 7 , 1993 I. NAME OF PETITIONER/PROJECT: Petition No. : CU-92-17 Petition Name: "First Haitian Baptist Mission" Applicant/Developer: Dr. Neno J. Spagna, Florida Urban Institute Engineering Consultant: Bruce Green and Associates Environmental Consultant: J. A. Adair of Nautilus Environmental Services Inc. II . LOCATION: Section 12 , Township 51 South, Range 26 East; 4 . 59 acres±; bounded on the west and south by East Trail RV Park PUD, on the east by vacant agriculturally zoned land and on the north by the U. S. 41 right-of-way. III . PROJECT DESCRIPTION: The petitioner proposes to develop approximately forty-nine percent (49%) of the site (2 . 25 acres) with a church and related parking areas; and a low, perimeter berm. Plan of Record: Water Management: "First Haitian Baptist Mission, Site Plan" prepared by Bruce Green and Associates, Inc. , dated March 16, 1992 , two (2) revisions. Environmental: Environmental Impact Statement prepared by Jeffrey A. Adair, Nautilus Environmental Services, Inc. ; dated June 12 , 1992 ; no revisions; and site plan by Bruce Green and Associates dated September 2 , 1992 . IV. STAFF COMMENTS: Water Management: The water management design for this project will be based on the water quality requirements of SFWMD criteria. The property will be bermed and left at its natural state, in order to accommodate for the water quality requirements. The petitioner is proposing to build grassed parking spaces, which will be required to be stabilized which will loose some of its perviousness. The water management design shall consider these grassed areas as impervious when analyzing the water quality requirements. EAB Meeting 4/7/1993 CU-92-17 Page 2 Environmental: The property lies within the Southern Coastal Basin and was historically a part of the Belle Meade Basin. Historic drainage has been affected by the construction of U. S. 41 to the north, and agricultural fields to the south. The entire parcel contains Holopaw fine sand, a hydric soil as defined by the U. S. Soil Conservation Service (Yamataki, 1990) . The site is seaward of the Collier County salinity line. However, no excavations are proposed. A storm surge from a category two (2) hurricane would flood the site with approximately three (3) feet of seawater (Southwest Florida Regional Planning Council June 1991) . The site lies outside of any Collier County Groundwater Protection Zones. The property is vegetated by wetland and upland herbacious groundcover with a scattered midstory of Carolina willow (Salix caroliniana) , primrose willow (Ludwigia peruviana) , saltbush (Baccharis halimifolia) , and Brazilian pepper (Schinus terebinthifolius) . Occasional bald cypress (Taxodium distichum) and slash pines (Pinus elliottii var. densa) also occur on site. No protected species were observed on site. The proposed use includes the filling of approximately 10, 000 square feet of Collier County jurisdictional wetlands. A permit (#112150235) has been issued by the Florida Department of Environmental Regulation (FDER) for this project. A conservation easement has been placed over approximately two (2) acres of wetlands on site. The FDER has accepted the proposal (Collier County Staff agrees) that the increased productivity and water recharge capacity provided by stormwater runoff flowing into the bermed natural/retention area, compensates for less than one quarter (4) acre of wetland impacts. V. RECOMMENDATIONS: Staff recommends approval of Conditional Use Petition CU-92-17 , "First Haitian Baptist Mission" with the following stipulations: Water Management: 1. This project shall be designed in accordance with South Florida Water Management District rules for water quality. EAB Meeting 4/7/1993 CU-92-17 Page 3 2 . Use of grassed surface, with a stabilized subgrade, shall be limited to the parking spaces. All parking aisles shall be paved. The stormwater calculations shall consider all the parking area as impervious surface. Environmental: 1. The petitioner shall be subject to all applicable environmental sections of the Collier County Land Development Code at the time of final development order. PREPED BY: —744k YDate -3/45;4• ul - C. Adarmes, P. E. Technical Services Supervisor Fred Renischl Date Environmental Specialist II REVIEWED BY: 3 :arbara N. Prynoslii Date Chief Environmental Specialist John F. Madajewski, P.E. Date Project Plan Review Manager ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF APRIL 7 , 1993 I. NAME OF PETITIONER/PROJECT: Petition No. : PUD-93-1 Petition Name: "Pelican Marsh Community" Applicant/Developer: Westinghouse Communities of Naples Engineering Consultant: Wilson, Miller, Barton & Peek, Inc. Environmental Consultant: Wilson, Miller, Barton & Peek, Inc. II . LOCATION: Sections 27 , 34 & 35, Township 48 South, Range 25 East; general bundaries: west - U. S. 41 North, north - agricultural lands, Collier County Wastewater Treatment Plat, and Victoria Park Subdivision; east - Airport Road; south - proposed Vanderbilt Beach Road, Pine Ridge Subdivision, Villages of Monterey, Emerald Lakes and an undeveloped residential parcel. III . PROJECT DESCRIPTION: The petitioner proposes to rezone 1, 086. 5± acres of land into a planned unit development (PUD) . This area is the initial phase of a planned 2 , 075 acre residential/mixed use community which will become a Development of Regional Impact (DRI) . Westinghouse Communities of Naples (WCN) will be the developer of this project. A Community Development District (CDD) will be created to design, construct, manage, and maintain infrastructure and community facilities needed to serve the project. The land use will consist of 469 . 0 acres of residential area, 275. 7 acres of golf course/recreation and open space, 130. 9 acres of reserve area, 106. 7 acres of lakes, 44 . 0 acres of internal right-of-way, 25. 8 acres for the future extension of Vanderbilt Beach Road, and 34 . 4 acres of miscellaneous open space/buffer area (includes open space, Florida Power & Light easement and canal) . Plan of Record: Water Management: "Pelican Marsh, Conceptual Surface Water Management Plan, Master Plan, Exhibit B" prepared by Wilson, Miller, Barton & Peek, Inc. , dated January 1993 , one revision. Environmental: "EIS for Pelican Marsh" prepared by Clay Carithers of Wilson, Miller, Barton and Peek, Inc. , dated January 11, 1993 ; "Preliminary Design Report for the Cocohatchee Strand Restoration Program" prepared by Wilson, Miller, Barton and Peek, Inc. , Revised January 29, 1993 and associated graphics and sections of the PUD document. EAB Meeting 4/7/1993 PUD-93-1 Page 2 IV. STAFF COMMENTS: Water Management: The existing conditions of the project site consists of agricultural fields, wetlands, uplands, and public right-of-way areas. The project site falls within the Cocohatchee River Basin watershed and it is subdivided into several sub-basins. The project is located within the Pine Ridge Canal, the Airport Road North and the West Branch Cocohatchee River sub-basins. Currently the project discharges into the Pine Ridge and Airport Road Canals, which eventually outfalls into the Cocohatchee River. There exist off-site flows onto the project site coming from Villages of Monterey, Pine Ridge Subdivision, U. S. Highway 41, Goodlette-Frank Road, Florida Power & Light easement and the northwest adjacent property. The proposed water management system will consist of four basins which are subdivided into drainage areas and its design will be in conjunction with the proposed Cocohatchee Strand Restoration Program, and relocation and expansion of the Pine Ridge Canal. The interconnected drainage areas will utilize lakes and wetland areas to provide the required water quality and quantity storage volumes. Storm sewers, swales and overland flow will convey the run-off to the storage areas. The discharge rate after development is completed, will be limited to 0 . 22 cfs/acre, and it is based on pre-development conditions, which were determined through an engineering analysis which was reviewed and approved by Collier County Project Plan Review. This analysis demonstrated that the 0. 22 cfs/acre discharge would not effect the capacity of the Pine Ridge Canal. Four (4) control structures will be located around the project which will outfall the discharge into the relocated Pine Ridge Canal . Two (2) of the drainage areas (DA3A & DA4D) will sheetflow through some wetlands into the canal . Existing off-site flows will be routed around the project where possible, and where not possible will be conveyed through the project's water management system to the canal. The water quality and quantity storage volumes for future Goodlette-Frank Road expansions contiguous to the project will be provided within the project. Off-site flows from the Pine Ridge Subdivision, U. S. 41, the future development areas, DA1C and DA4B, and the adjacent northwest tract will be conveyed through the project water management system. EAB Meeting 4/7/1993 PUD-93-1 Page 3 With the relocation of the Pine Ridge Canal an existing amil gates will have to be relocated. There are two other amil gates on the canal north of the project site which along with the one on-site will need to be rehabilited in order to make them work. The Pine Ridge Canal from the north border of the PUD to the point immediately south of the Immokalee Road amil gate may need to be maintained by Pelican Marsh Community Development District (see Stipulation # 8) . The proposed water management system meets the requirements of water quality and quantity in accordance with South Florida Water Management District criteria. Environmental: The proposed planned unit development contains several areas zoned A-ST (rural agricultural with a special treatment overlay) . A portion of the property also falls within wellfield protection zones as regulated by the Groundwater Protection Ordinance (No. 91-103) . The ST overlay is proposed to be removed, the wellfield protection zones shall remain on the zoning map. The site includes hydric and non-hydric soils. The non-hydric soil types include Immokalee fine sand; Myakka fine sand; Drum & Malabar high, fine sand; Boca fine sand; and satellite fine sand. The hydric soils include Basinger fine sand; Holopaw & Okeelanta, depressional; and Boca, Riviera limestone substratum and Copeland fine sand. Current site conditions indicate that the storm surge of a storm with landfall in Collier County would result in flooding under the following conditions: Approximately half the site, primarily the slough and surrounding lands would be flooded in a category 2 hurricane. The other half of the land would be flooded in a Category 3 storm surge. (Southwest Florida Regional Planning Council, June 1991) The native vegetation on a large portion of the site has been previously removed for agricultural activities (row crops and pastures) . The major undisturbed upland biotope is pine flatwoods. A 2 . 2 acre area of scrub habitat is present in the southwest portion of the site. This area has been disturbed in the past by the construction of Old U. S. 41 and associated ditches. However the area still provides habitat for gopher tortoises (Gopherus polyphemus) . The major impact to this scrub area may be from the proposed Vanderbilt Beach Road extension (not a part of this project) . EAB Meeting 4/7/1993 PUD-93-1 Page 4 The proposed project contains 141 . 5± acres of Collier County jurisdictional wetlands. The petitioner proposes to fill or otherwise impact the following (wetland numbers refer to Environmental Impact Statement (EIS) Exhibit "J") : portions of wetlands 4 , 5, 8 and 9 ; and all of wetlands 6 , 7 , 14 and 15 . EIS table 1 (pg 11) summarizes impacts to wetlands within the planned unit development boundaries. The majority of wetland 4 (cypress wetland) is proposed for preservation. Wetland 6 (Pine Ridge Canal) is proposed to be relocated as a meandering water body with increased littoral zone area. Wetland 7 (Horse Creek, open water, some laurel oaks) is proposed to be filled. A portion of wetland 8 (cypress wetland) will be preserved. Wetland 9 (hydric pine/cypress) will be filled (Vanderbilt Beach Road may impact the majority of this site) . Wetland 14 (0 . 2 acres of hydric pine/cypress) will be filled. Wetland 15 (primarily melaleuca, used as an agricultural discharge area) will be totally impacted. These impacts account for 35. 1 acres of proposed impacts to 141. 5 acres of Collier County jurisdictional wetlands on site. Wetlands 5, 10 and 11 are proposed for inclusion in the "Cocohatchee Strand Restoration Program" (Strand Plan) . This plan proposes a road crossing (Pelican Marsh Blvd. ) through wetland 5 with culverts and a wildlife underpass. (It should also be noted that the proposed Vanderbilt Beach Road extension may impact wetland 11. The road is not a part of this project. ) The remainder of wetlands 5, 10 and 11 are proposed for preservation (some impacts are proposed in order to facilitate restoration, see Strand Plan) . The proposed PUD is 1086. 5 acres. Approximately 747 . 8 acres is classified as non-native habitat and disturbed lands. Approximately 338 . 7 acres of the site is native habitat, both upland and wetland. The petitioner is proposing retention and restoration of approximately 135 acres (40% of native vegetation on site) . The petitioner states that the wetlands on site "are considered not viable, not naturally functioning, degraded wetland ecosystems according to Policy 6 . 2 . 3 of the Conservation and Coastal Management Element" (EIS, pg 10) . The petitioner further states that "The Pelican Marsh PUD project is compatible with Objective 6. 2 of the Conservation and Coastal Management Element since there will be no loss of any viable naturally functioning fresh water wetlands" (EIS, p 22) . EAB Meeting 4/7/1993 PUD-93-1 Page 5 Staff disagrees. Functions of some of these wetlands may be low (the melaleuca dominated wetland 15, for example) , but they still function as wetlands. The Collier County Land Development Code defines viable wetland as "a wetland system that provides or has a reasonable probability to provide functions (roles or values) relating to environmental quality, fish and wildlife and/or socioeconomic values. " Past degradation does not necessarily eliminate wetland function. The Fakahatchee Strand has been degraded by past logging activities and it is Staff' s opinion that the Fakahatchee Strand still provides wetland functions. Staff also believes that Pelican Marsh wetlands function as wetlands, and that any impacts to those wetlands should be compensated. The petitioner states that "proposed impacts to the existing Collier County jurisdictional wetlands formed by the (Pine Ridge) canal total 11. 5 acres and the proposed relocated canal will total about 16. 5 acres of better quality wetlands, the applicant submits that this is sufficient mitigation" (EIS, pg 22) . Staff agrees. The petitioner provided plant and animal species surveys using the specifications described in the EIS. Evidence of several listed species was observed. The wetland-dependent species (alligators and wading birds) may find increased habitat in the area of the proposed Strand Plan. The gopher tortoises (G. polyphemus) on site, are proposed for relocation to golf course/open space areas. The Collier County Growth Management Plan - Conservation and Coastal Management Element states that "the County's policy is to protect gopher tortoise burrows wherever they are found. It is recognized, however, that there will be unavoidable conflicts which will require relocation of burrows. " (Policy 7 . 3 . 5) Much of the proposed impact to the gopher tortoise habitat may be caused by the Vanderbilt Beach Road extension (not a part of this project) . The remaining, marginally suitable habitat, would not be large enough to support the existing gopher tortoise population on site. the Florida Game and Fresh Water Fish Commission (FGFWFC) (see letter dated February 12 , 1993 from Kimberly A. Dryden) proposes that the petitioner protect 16 . 5 acres of a regional mitigation park or 16 . 5 acres of scrub habitat within the Pelican Marsh DRI (currently off-site) in order to meet the criteria for an incidental take permit. In addition, the petitioner has agreed to retain the tortoises away from construction areas until the golf course/open space is completed, and to relocate the tortoises to the golf course/open space district. According to the petitioner, the scrub area located off-site is not slated for acquisition for several years and the golf course is proposed to be one of the first features developed if this project is approved. Therefore, the petitioner and Staff agree that relocating the tortoises to the golf course district would provide the least stress for the animals. EAB Meeting 4/7/1993 PUD-93-1 Page 6 The osprey nest at the southern boundary along Goodlette-Frank Road is in an area slated for little development. The FGFWFC has requested a "nest buffer" (letter dated February 12 , 1993 from Kimberly A. Dryden) . The petitioner has agreed to relocate the colony of pine pinks on site if it is found to fall within the limits of construction. Dr. Robert Read, Botanist, formerly of the Smithsonian Institution, has stated that pine pinks are relatively easy to transplant (personal communication to Barbara Prynoski, Project Plan Review) . The petitioner through Piper Archeological Research, Inc. has located no historic sites within the Pelican Marsh PUD. Two sites were noted outside the boundaries of the PUD, and were deemed by the Florida Department of State to be not significant (letter dated February 27 , 1993 from George W. Percy) . The Cocohatcchee Strand Restoration Program. The petitioner has proposed an on site mitigation bank to be known as the Cocohatchee Strand Restoration Program (Strand Plan) . The bank is to be used as mitigation only for development impacts within the Pelican Marsh (Manatee) DRI . The Pelican Marsh PUD lies within the DRI . The primary wetland feature within the Pelican Marsh PUD is the cypress wetland running through the center of the site. This wetland is divided into parcels (Wetlands 5, 10, and 11) that are hydrologically distinct through most of the year. The Strand Plan proposes to restore the historic hydrological connection between the three wetlands. An eighty (±80' ) foot marsh will be constructed to connect wetlands 5 and 10, and the wetland system will be isolated from the re-configured Pine ridge Canal . Two pump stations are proposed to withdraw water from the Pine Ridge Canal and the surface water management system and discharge into the Strand (hydrologically re-connected at that time) . Prohibited exotic vegetation is dense through some areas of the Strand, and present to some degree through most of it. County code requires its removal. In areas where exotics are dense, the petitioner proposes altering the topography and replanting to create marshes, ponds, forested wetlands, and upland hammocks. The Strand is proposed to be platted as a conservation tract with uses limited to those listed in the PUD document. The maintenance of the Strand is proposed to be under the auspices of a Community Development District pursuant to Florida Statutes Chapter 190. EAB Meeting 4/7/1993 PUD-93-1 Page 7 The Strand Plan is proposed to be implemented upon approval of the PUD and other applicable permits. The petitioner has proposed a mitigation bank utilizing the Strand's restoration as mitigation credits. The credits would increase over time if the Strand Plan meets success criteria. Credits could be utilized by future developments within the Pelican Marsh (Manatee) DRI , for wetland impacts. Approval of the mitigation bank will not exempt the petitioner from Collier County wetland preservation regulations, however, if the use of mitigation is deemed appropriate by County Staff, the Strand mitigation bank credits may be used. This staff report is a generalized summary of the Strand Plan. For a comprehensive report, the reader is directed to the "Preliminary Design Report" . V. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition No. PUD-93-1, "Pelican Marsh Community" with the following stipulations: Water Management: 1. An Excavation Permit will be required for the proposed lake (s) and Pine Ridge Canal relocation in accordance with Division 3 . 5 of Collier County Ordinance No. 91-102 and South Florida Water Management District rules. 2 . A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. 3 . A letter of no objection from Collier County Utility Division that no impacts on the percolation ability of the adjacent wastewater treatment ponds will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval on Preliminary Work Authorization, which ever occurs first. 4 . All off-site flow collection and routing facilities shall be reviewed and approved by Collier County Project Plan Review at the time of subdivision construction plan submittal. 5 . All control structures shall be reviewed and approved by Collier County at the time of subdivision construction plans or Preliminary Work Authorization submittal . 6. The fixed crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of subdivision construction plans or Preliminary Work Authorization submittal . EAB Meeting 4/7/1993 PUD-93-1 Page 8 7 . As long as Collier county has operation and maintenance authority over the existing Pine ridge Canal anvil gates on Immokalee Road (CR 846) , WCN or the Pelican Marsh UCDD will pay for the design and construction costs associated with the rehabilitation of the said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the bearings and access walks) and the gate seals (if required) . Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of WCN or their assigns. Collier County will contribute $9 , 000 . 00 to the cost of design and construction. The rehabilitation shall be completed by the time the Cocohatchee slough restoration plan is certified complete to South Florida Water Management District. 8 . If legally and physically possible, the Pelican Marsh Community Development District will maintain that portion of the Pine Ridge Canal from the north border of the PUD to a point immediately south of the Immokalee Road amil gates. Maintenance responsibility by the District will cease at the time of final development order for the property encompassing said portion of canal. The District will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. 9 . Section 6 . 8 of the PUD document shall contain the above mentioned stipulations. Environmental: 1. Revisions to the PUD document: A) Section 2 . 14 - Staff sees no justification for the first paragraph - omit. B) Section 2 . 16 - Revise first sentence to read: "Certain uses shall be considered general permitted uses throughout the Pelican Marsh PUD except in the Reserve District. " C) Section 2 . 18 - revise last sentence to read: "This requirement is fully satisfied within the Reserve District and ne furthcr obligation Is rcquircd while no further preservation is required, mitigation for wetland impacts may be required. " D) Section 5. 2 - Revise first sentence to read: "Areas designated Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. " E) Section 5 . 3 (2) - Add "non-paved" . F) Section 5 . 3 (5) - Revise to read: "Roadway crossings and utility crossings at Pelican Marsh Blvd. and Vanderbilt Beach Road" EAB Meeting 4/7/1993 PUD-93-1 Page 9 G) Section 5. 3 (6) - Omit. H) Section 5.4 - Staff sees no justification for development standards in this district - omit. I) Section 5. 5 - Revise to read: "A conservation easement is required per Collier County Land Development Code Section 3 . 2 . 9 . 2 . 6 over the Reserve District. The final plat shall reflect the requirements of Collier County Land Development Code Section 3 . 2 . 8 . 4 . 7 . 3 . " J) Section 6. 3 B(2) - Add "when there is no encroachment into reserve areas" . K) Section 6. 11 (A) , (B) , & (C) - Staff sees no justification for this section - omit. L) Section 6. 11 (D) - Revise to read: "The Collier County 'ST' overlay has been eliminated and replaced by the placement of a conservation easement over the Reserve District in this PUD, however all existing Collier County wellfield and/or groundwater protection zones shall remain in effect unless otherwise modified by Collier County. M) Section 6. 11 (E) - Replace "Collier County Development Services Director" with "Project Plan Review Environmental Staff" . 2 . The petitioner shall contact the Florida Game and Fresh Water Fish Commission for a "nest buffer" recommendation for the osprey nest in the southern portion of the site. 3 . The petitioner shall plat the Reserve District as a conservation easement, per Collier County Land Development Code Section 3 . 2 . 8 . 4 . 7 . PREPARED BY: July . Adarmes, P. E. Date Technical Services Supervisor /_ ,° Fred Reischl Date Environmental Specialist II REVIEWED BY: Barbara N. Prynoski Date Chief Environmental Specialist (1:) , cL /7) . ohn Fadajewski, • .E. Date joject Plan Review anager COMMUNITY DEVELOPMENT SERVICES DIVISION PROJECT PLAN REVIEW SECTION MEMORANDUM TO: EAB Members FROM: Earlene M. Weber Secretary II /wit/ DATE: March 29 , 1993 RE: PUD-92-11, Lely Lakes The petitioner for the referenced petition is requesting the return of the review materials provided to you. If you want to keep them for your records, this is fine. If not, they could use them for the Collier County Planning Commission members. Please bring them to the EAB meeting and return them to Dwight Nadeau of McAnly, Asher and Associates, Inc. Thank you. ew/doc: 5924 cc: Barbara N. Prynoski, Chief Environmental Specialist Chrono File ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF APRIL 7 , 1993 I . NAME OF PETITIONER/PROJECT: Petition No. : PUD-92-11 Petition Name: Lely Lakes Applicant/Developer: Lely Development Corporation and Investor's Real Estate Southwest Corporation Engineering Consultant: McAnly, Asher and Associates, P.A. Environmental Consultant: The Phoenix Environmental Group, Inc. II . LOCATION: Sections 30, 31, and 32 , Township 50 South, Range 26 East and Section 5, Township 51 South, Range 26 East; bounded on the east by U. S. 41 and single family residential lots, and all other sites bounded by undeveloped and/or agricultural land. The site is approximately one mile southeast of the intersection of East Tamiami Trail and Rattlesnake Hammock Road. III. PROJECT DESCRIPTION: The petitioner requests to rezone 1, 495 acres to PUD. Portions of this site are currently used for agricultural crop farming, tree farming and livestock gracing. The PUD will consist of low density single family residential community, with a 27 hole golf course, associated amenities, and preservation of environmentally sensitive areas. Plan of Record: Water Management: "Lely Lakes Conceptual Water Management Plan" prepared by McAnly, Asher and Associates, P.A. dated November 17 , 1992 , one revision. Environmental: "Environmental Impact Statement" prepared by McAnly, Asher & Associates, P.A. and The Phoenix Environmental Group, Inc. , dated September 1992 . "Lely Lakes Significant Wildlife and Plant Resources Analysis" prepared by McAnly, Asher & Associates, P.A. , M.A.R. Associates, W. Ross McWilliams, and The Phoenix Environmental Group, Inc. EAB Meeting 4/7/1993 PUD-92-11 Page 2 "Environmental Impact Statement - Response to Request for Additional Information (November 18, 1992) " prepared by prepared by McAnly, Asher & Associates, P.A. and The Phoenix Environmental Group, Inc. , dated February 1993 . "Lely Lakes PUD Document" prepared by McAnly, Asher & Associates, P.A. , March 1993 . IV. STAFF COMMENTS: Water Management: The existing man-made hydrologic features of the site consists of four major ditches that provide conveyance for upstream runoff. The Naples Manor subdivision relies on these canals for discharge and conveyance of virtually all its stormwater runoff. Additional runoff is also received from abutting lands to the northeast. On site runoff is routed through a network of internal ditches and culverts. Agricultural throw-out pumps are used periodically to dewater the tree farm and one of the agricultural farm fields. The project is divided into nineteen (19) separate drainage basins, A through S (see Basin Map) . Each basin is self contained, that is each will provide its own water quality treatment, storm water retention/detention and a water control structure (WCS) . The project is designed to separate upstream off-site runoff from on-site development runoff. The existing canal system has been redesigned in accordance with the Water Management District No. 6 design and modified to work with the Lely Lakes development and integrated within the project to provide maximum benefits (i.e. longer hydroperiods and return point discharges to historic sheetflow) and minimize impacts (i.e. upstream flooding and dewatering of wetlands) . Individual basin discharge is based on Collier County's Ordinance No. 90-10 for maximum allowable discharge of 0. 06 cfs/acre. Some basins use lakes for storage while others use "Open Space" for storage. Open Space is an area (s) within the basin that may be wetland preserve, upland preserve or some developed area low enough to accommodate storage. Control elevations are based on topography from County and South Florida Water Management District aerial photographs of the site. In most cases the control elevation is set above natural ground and in all cases above the wet season water table. The wet season water table varies from a high of 2 . 8 ft. N.G.V.D. to a low of 0. 8 ft. N.G.V.D. EAB Meeting 4/7/1993 PUD-92-11 Page 3 Ultimately, all upstream runoff and basin discharge is bound for the Rookery Bay National Estuarine Research Reserve. All basin discharge will be converted to natural sheet flow prior to discharge from the Lely Lakes water management system. As a precautionary measure, small basins consisting of golf course have zero discharge prior to flood levels reaching the 25 year flood elevation. Under no circumstance will untreated runoff discharge from developed areas. Therefore no degradation to sensitive areas is anticipated. Collier County is currently trying to obtain permits to upgrade the canal system and to provide increased conveyance of stormwater runoff, thus reducing flooding frequency of the Naples Manor subdivision. The proposed improvements to the canal system are in accordance with the Water Management District No. 6 Report, prepared in 1985 and updated in 1991. The proposed water management system shall meet the requirements of water quality and water quantity of the South Florida Water Management District. Environmental: The project lies within Florida's Conservation and Recreation Lands Acquisition Program for the Rookery Bay Watershed and is located adjacent to the Rookery Bay National Estuarine Research Reserve (See Attachment "A") . Throughout the proposed project there are several Special Treatment Overlay Zoning Districts (ST) which identify environmentally sensitive lands that are to be reviewed according to Section 2 . 2 . 24 of the Land Development Code (LDC) (See Attachment "B") . The purpose of these regulations is to conserve and protect the natural environment and economic resources of Collier County. These regulations are to provide a land and water management system that will preserve water quality, provide the optimum utilization of the limited water resources of the area, facilitate orderly and well planned development, and protect the health, safety and welfare of residents of the county. Approximately forty-five percent (45%) of the site contains wetland areas which consists of hardwood hammocks, hardwood swamp, mangrove swamps, cypress, freshwater and saltwater marshes, hydric pine flatwoods and lakes. Approximately twenty-five percent (25%) of the site contains upland areas which consist of pine flatwoods, palmetto prairies, scrub oak and xeric oak. EAB Meeting 4/7/1993 PUD-92-11 Page 4 The remaining thirty percent (30%) of the site contains cropland, pastures, nursery, canals, borrow and spoil areas. There are approximately six hundred forty (±640) acres of Collier County jurisdictional wetlands on site of which the applicant proposes to preserve five hundred sixty-two (±562) acres and impact seventy-eight (±78) acres. At this time a total of thirty (30) plant species of special status and eleven (11) animal species of special status have been encountered on site. (See Lely Lakes Significant Wildlife and Plant Resources Analysis) . V. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition PUD-92-11, "Lely Lakes" 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 . The dimensions of lakes will be approved at the time of excavation permit. 3 . 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. Environmental: The project site lies within the Rookery Bay Watershed and is in an environmentally sensitive area. Due to this fact Staff recommends approval of Petition PUD-92-11 subject to the following stipulations in order to ensure consistency with Collier County Land Development Code and the Conservation and Costal Management Element of the Collier County Growth Management Plan. 1. Lake #29 and Lake #30 and the roadway connecting the passive recreational areas located in the southwest corner of Section 31 shall be eliminated from the Lely Lakes PUD Master Plan. EAB Meeting 4/7/1993 PUD-92-11 Page 5 2 . Prior to the Preliminary Subdivision Plat submittal, the applicant shall explore all possible north-south access alternatives to avoid or minimize impacts to the wetland systems on site, (i.e. the shared use of the north-south Florida Power & Light utility easement) . If a less impacting alternative is available, the applicant shall adjust the north-south roadway on the Preliminary Subdivision Plat(s) . 3 . Prior to final construction plan approval, at least five hundred seventy (570) acres of wetland preserves shall be recorded on the plat as preserve/conservation tracts or easements pursuant to or similar to Section 704 . 06 of the Florida Statutes. Location and configuration of wetland and any upland gopher tortoise habitat preserves shall be subject to review and approval by Collier County Project Plan Review Environmental Staff. 4 . All proposed mitigation for impacts to Collier County jurisdictional wetlands shall comply with Appendix 7 of the South Florida Water Management District rules. Mitigation areas shall be surveyed and designated as a preserve/conservation tract(s) or easement(s) pursuant to or similar to Section 704 . 06 of the Florida Statutes prior to final construction plan approval. 5. The applicant shall supply to Collier County Project Plan Review all appropriate wildlife habitat management plans and/or permits, jurisdictional determinations, waivers, and/or information required by the U. S. Army Corps of Engineers (ACOE) , U. S. Fish and Wildlife Service (USFWS) , Florida Department of Environmental Regulation (FDER) , Florida Department of Natural Resources (FDNR) , Florida Game and Fresh Water Fish Commission (FGFWFC) and South Florida Water Management District (SFWMD) prior to an approval of any final development order. Design of the golf course layout, lakes, buildings and associated structures, and infrastructure shall be adjusted to comply with the requirements of the ACOE, FDER, USFWS, FDNR, FGFWFC and SFWMD. 6 . Lake placement shall not impact the jurisdictional wetlands, unless the lake or lakes are required by the South Florida Water Management District to meet the minimum stormwater management requirements and cannot be located out of the wetlands. EAB Meeting 4/7/1993 PUD-92-11 Page 6 7 . Petitioner and Collier County Project Plan Review Environmental Staff shall cooperate on the final layout of the golf course to insure that the maximum amount of native vegetation will be retained as buffers. 8 . Endangered plant species and those which may be observed during each development phase shall be protected from injury or relocated on site. The existing locations as well as the transplantation locations, if warranted, shall be identified on the site clearing plan for each phase of construction. 9. The Preliminary Subdivision Plat (s) shall be adjusted to provide xeric scrub preserve for gopher tortoise habitat which may be credited as upland compensation for wetland impacts. These preserve areas shall be recorded on the plat as preserve/conservation tracts or easements pursuant to or similar to Section 704 . 06 of the Florida Statutes prior to final construction plan approval. Locations of gopher tortoise burrows (active, inactive and/or abandoned) shall be indicated on the preliminary subdivision plat (s) and field verified by Collier County Project Plan Review Environmental Staff. Management plans and/or permits from Florida Game and Fresh Water Fish Commission, if appropriate shall be submitted to Collier County Project Plan Review Environmental Staff for review and in accordance with Policy 7 . 3 . 5 of the Conservation and Coastal Management Element - Growth Management Plan and Divison 3 . 11 of the Collier County Land Development Code. 10. The applicant shall indicate on an aerial the location of the bald eagle nest outside the Lely Lakes PUD and reference subject site's distance from said nest. If the subject site is within the primary or secondary zone of protection as defined by U. S. Fish and Wildlife Service Bald Eagle Management Guidelines, the applicant shall submit to Collier County Project Plan Review Environmental Staff a Bald Eagle Management/Protection Plan which has been approved by the Florida Game and Fresh Water Fish Commission prior to any preliminary subdivision plat or preliminary site development plan approval. 11. Prior to construction plan approval, emergency contingency plans shall be required to address potential chemical related accidents or the golf maintenance facility shall be relocated to ensure that the adjacent wetlands will not adversely be impacted. EAB Meeting 4/7/1993 PUD-92-11 Page 7 12 . In order to comply with Section 3 . 2 . 8 . 4 . 7 (3) of the Collier County Land Development Code the applicant shall revise the following items in the PUD document: A) Section 3 . 4 .E. * Rear yard: Delete the phrase "natural area identified for preservation" . B) Section 5. 3 .N. (Table 1) Notes: Delete the words "natural area" from double asterisked Note. PREPARED BY: J41y\� . Adarmes, P. E. Date Technical Services Supervisor _-y i -t. . 1.( f ` w , J/` j/.� I Kimberly J. Poen Date Environmental/Specialist II REVIEWED BY: li J I ir, ; G._, r . l,• ,/;t . )J, ‘3,77c,/,/- } Barbara PrynoskiY Date Chief Environmental Specialist k/614) L 0 - , • ,; iffr 3/2_,GA3 J `1n F. Madajewski, • E. 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'.:: : .0W . .. ..q.•f- '..-- '..2"1°4" . :, 4..7:( • '951 *Ak'......%14,-i4....74-1-::1144 As tA"...•i 4°14‘ ---.. •••• • 0 , '"••••'•A•'•• (1Cts3 t) L .., • ''':-.1.4tv-....-, :. "-r:•11,--.- . , V - •:.1 t.•.7.t.7. , t_;:•;. • ....__ s • ..1,1:*-••, ....raic.' . .:,:: :,,s1. ‘.. • CO \( -",..,,i-• , ,,,....,., ,•-s. . ,...--..,,,: ,_,....t.„ ...*\co• '.'"', -- -, S"'...4 \ . •fd„, ' - isutt4p.\lIt7r:_47,, \J 6,,.....- /-rsti. N.,-•,.'4-....„ -4._,..1,--•c,-,4-„ -• '.1,.....%_. --:•-• N-4.3h!...a : --•-.. -•-• " •"--;., •-m 0 ....., ‘ '--:_•. I 2 ""--"----MILES -1 • . •„. _. . COLLIER •...................R.....00KERY BAY •••• • PROJECT AREA - :::-.--.•-•-•:•:•:•:•:::::::: .......• COUNTY 1 . `• _.....7_7..::-.-f.z...-.-.-....--..:ss:-:•.-,...-,:.ij [.:.::.:.,...::::::-..:::::::::::::.:..:-..:.:-.-..1 - 1-- . „ . .--..: ..: „:":-'-...7 _7.-:,-.'7 I'-::: • -,--. .-.,.-,-z-:.1 - PUBLIC LANDS : * ' -: --'6:---2v----.--- I -----. • - -- " -. - -• . '------•ql,_ : 1.'- . :::.-•....:.:-,-. CO... I 6F3 T-2---,-.' •-•••• ....--- .:•:-.----...---::: 1 ':Y? IIIIIIIIIIIII CCatiPIO"RATDIEOVNELC)(PDMPENLIT .. t'"--,3- -'--..... .:,:...;,...::::.'...-)•..-7. (0-,-,----0,4._1 7- .`_--,_:, :_ ._•.,- _.- womemmino PROJECT BOUNDARY 1.411,co Island 1_ •••;, ..,.•., • . e"....., - ,' A 1r 7,1.!-r,-, ....- ill_-__. --... ...... AQUATIC PRESERVE k-..ci LA— -t "• • \ ,., -....`:'", 7. ' iffiTrit BOUNDARY ..,. ,•;1:,.ty,,:.-....2??......_. A • ; •c-, v.. vrgai. "4...wrif.t;'•;As.-1 selr-"T ,..0 P.I.V 4 • • • N.E S. BOUNDARY . h , L.:s — NO ACQUISITION UNTIL \ 4''-••. -4'-fr•-•=••-•- i • COMPLETION OF D.R.I. Attachment "A" �: , ; -: 1rx ;��, " ZINE X (EL 7) �\ I -- :d 1. j ' auO''.. t.1:. ZONE AE *`434 � (EL 8) o -' r r�9 II8. pie Il i. a I r' n::x`.a V. • li s .I*II 1 r''-'Fmo 17ZONE AE n "" s,,�'rr- hJ To - ,;-rr ii ' - l ,. a`G�/*A' •rrr•/ rr 110 ''• �l .'!rj��'r� r/ r, ION(Ei e) 1 :°"rr _ y ,,,ik:'.!,'r'' V--- lam// A H�'�,.a.e 1 31. : �... 1111111 11 �t \ , ! ZONE AE r(T1 to •• 11 \ ; Li it re: g r 1 tr y r y , 1 t J1 3 e GOVT Y;I GOVT . ' „ "- II , GOVT iO ' LOT 2 ' ...m>. �« I I r"•J r__r___'! " ".,e..a GOVT ly_% �! GOVT ':a .Y Ii GOVT GOVT GOVT „;A -r LOT 2 LOT 1 +�_„ 1 .LOT 4 LOT 3 J, r_:1._J of 'L_y__r 12 GOV'T LOT 1 LOT 5 LOT 4 LOT 3 ZONE AE .�,t i! te' .�� „ A• I`K�-a-I! (EL 8) • , ZONE AE (EL 8) ZONE AE / ' (EL 9) — � -rr_ CON-ST' CON-ST GOJ PU' VT GOVT ^"° "" r-_-1 man u. � 10 f 7 LOT 6 �����• i :! ,r I: Attachment "B" NOTICE A SPECIAL MEETING OF ENVIRONMENTAL ADVISORY BOARD (EAB) FOR THE PURPOSE OF CONDUCTING A FIELD INSPECTION OF THE PROPOSED PROJECT "PELICAN MARSH" PETITION NO. PUD-93-1. NOTICE IS HEREBY GIVEN THAT THE EAB MEMBERS WILL CONDUCT A FIELD VISIT OF PETITION NO. PUD-93-1, "PELICAN MARSH" ON MARCH 26, 1993, AT 9: 00 A.M. THE PROJECT IS LOCATED IN SECTIONS 27, 34, & 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. FOR FURTHER INFORMATION PLEASE CONTACT: FRED REISCHL, PROJECT PLAN REVIEW ENVIRONMENTAL STAFF AT (813) 643-8470 BETWEEN 12 : 00 P.M. AND 4 : 00 P.M; OR SUSAN WATTS OF WESTINGHOUSE COMMUNITIES OF NAPLES, INC. AT (813) 597-6061. emw/doc: 5879 COMMUNITY DEVELOPMENT SERVICES DIVISION PROJECT PLAN REVIEW SECTION MEMORANDUM TO: EAB Members FROM: Fred Reischl Environmental Project Manager DATE: March 19, 1993 RE: Proposed project "Pelican Marsh" , PUD-93-1 Sections 27 , 34 & 35, Township 48 South, Range 25 East Collier County, Florida A special meeting of the EAB is scheduled for March 26, 1993 , at 9 : 00 a.m. on order to conduct a field inspection of the referenced project. The meeting is being coordinated with Susan Watts of Westinghouse Communities of Naples, Inc. Members should meet at the northeast corner of U. S. 41 and Hickory Road (Old NCNB Bank parking lot) . Ms. Watts may be contacted at (813) 597-6061 for additional information. FR/ew/doc: 5830 cc: John F. Madajewski, Project Plan Review Manager EAB Binder PUD-93-1 File Chrono File