EAC Agenda 02/03/1993 COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
FEBRUARY 3, 1993; 9: 00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F"
I. ROLL CALL
II. APPROVAL OF MINUTES--January 6, 1993
III. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
A. Special Treatment Development Permit No. ST-93-1
"Weavers Station"
Section 13 , Township 52 South, Range 28 East
Collier County, FL
V. REGULAR AGENDA
A. Commercial Excavation Permit No. 59 . 462
"Silver Lakes"
Sections 10 and 15, Township 51 South, Range 26 East
Collier County, Florida
B. Planned Unit Development Petition No. PUD-92-9
"Immokalee Road Center"
Section 25, Township 48 South, Range 25 East
Collier County, Florida
C. Preliminary Site Development Plan No. SDP-90-74A
"Capri Cove Docking Facilities"
Section 33 , Township 51 South, Range 26 East
Collier County, Florida
VI. OLD BUSINESS
A. Update on Exemption Certificate EC-92-1
B. Update on Excavation Permit 59. 224 , "Swamp Buggy Days"
VII. NEW BUSINESS
VIII. ADJOURNMENT
IX. WORKSHOP
***********************************************************************
NOTES:
A. [Board Members] : Notify PROJECT PLAN REVIEW (643-8470) no
later than 5 P.M. on Monday February 1, 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.
***********************************************************************
MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: January 6, 1993
TIME: 9 : 00 A.M.
PLACE: 1st Floor Media Room, Building "F" , Collier County
Government Center, Naples, Florida
EAB STAFF PRESENT
Branon X Smith
Worsham X Prynoski X
Turrell X Adarmes
Neale X 9: 05a.m. Burgeson
Saadeh X Reischl X
Straton X Polen X
Hermanson X
OTHER STAFF PRESENT
Mercedes McCallum, Natural Resources Dept.
MINUTES BY: Fred Reischl, Environmental Specialist II
CALLED TO ORDER AT: 9 : 01 a.m. ADJOURNED AT: 9: 55 a.m.
PRESIDING: Mr. Hermanson, Chairman
ADDENDA TO THE AGENDA: NONE
APPROVAL OF MINUTES: December 2 , 1992
Page 1
ENVIRONMENTAL ADVISORY BOARD JANUARY 6, 1993
******
ITEM: Regular Agenda item "A"
COMMENTS: Ms. Polen, Project Plan Review Staff requested that
this item be continued.
Mr. Hermanson said that would be discussed when the
item came up.
******
ITEM: Consent Agenda
COMMENTS: Petition ST-92-23 was approved as recommended by
Staff in EAB Staff Report.
MOTION: Made by Mr. Hermanson, seconded by Ms. Straton and
carried 6/0, to approve consent agenda.
******
PETITION NO: ST-92-22
FILED BY/FOR: Teresa and Mitchell House
REQUESTING: The applicant requests an exception to the Special
Treatment Development Permit to construct a nine
hundred (900) square foot structure on pilings, to
create a parking lot, to provide a septic tank
system and to drill a well for the purpose of
offering private airboat tours available to the
public.
REPRESENTED BY: Mitchell House
COMMENTS: The size of the structure, the area to be used, and
the number of trips/day were discussed.
A list of wildlife observed on site was read by the
petitioner.
Ms. Polen requested that the item be continued since
new information concerning wildlife is still coming
in. She read a list of concerns about airboats.
Ms. McCallum questioned the operation of airboats
with respect to the environment.
The petitioner described the workings of airboats.
Page 2
ENVIRONMENTAL ADVISORY BOARD JANUARY 6, 1993
The petitioner's current base of operation is
subject to state acquisition.
Mr. Hermanson asked Staff why the Staff Report
recommended approval when a continuance is now being
requested.
Ms. Polen stated that the review and approval is
related to impacts in the borrow pit area only. New
information has been received which indicates the
possible detrimental effects of airboats. The route
of the airboat (use) needs to be addressed as it
relates to environmental impacts, especially to
wildlife.
Mr. Neale expressed the feeling that the petitioner
being on-site would discourage trespassers/poachers.
Mr. Worsham stated that an ST permit is a
development order and can't restrict a "use" .
Ms. Prynoski stated that this would be the only
opportunity for the EAB to review the entire
project, including use. The conditional use
petition is to be scheduled for the Collier County
Planning Commission once an ST permit is approved.
Mr. Neale recommended that the conditional use
petition be reviewed by the EAB. This would need to
be added as a stipulation.
Dr. Branon requested that a base line environmental
study be incorporated into the stipulations.
MOTION: Made by Mr. Neale, seconded by Mr. Saadeh and carried
7/0, to approve Petition ST-92-22 with two additional
stipulations.
STIPULATIONS:
1. Permits or letters of exemption from the U. S.
Army Corps of Engineers, Florida Department of
Environmental Regulation and the South Florida
Water Management District shall be presented prior
to the issuance of a final site development plan
approval.
Page 3
ENVIRONMENTAL ADVISORY BOARD JANUARY 6, 1993
2 . Prior to final site development plan approval the
applicant shall submit to Project Plan Review
Environmental Staff for review and approval a
Wetland Mitigation and Enhancement Plan. This
plan shall include compensatory measures to offset
the wetland impacts on at least an equal area
basis (Collier County Growth Management Plan -
Conservation and Coastal Management Element Policy
6.2 .7) .
3. Prior to a Certificate of Occupancy all exotic
vegetation as defined by the County Land
Development Code shall be removed at a minimum of
fifty (50) foot buffer from the approved final
site development plan development footprint. The
fifty (50) foot buffer area and all developed
areas shall be maintained exotics free (Collier
County Land Development Code Section
2 .2 .24.7.4. 18) .
4. Upon issuance, the building permit is subject to a
forty-five (45) day appeal period by the Florida
Department of Community Affairs.
5. The petitioner shall assist and work with the
applicable agencies (i.e. U. S. Fish and Wildlife
Service, Florida Game and Fresh Water Fish
Commission, etc. ) to prepare base line
environmental studies.
6. The proposed conditional use petition (CU-92-16)
regarding the airboat operations shall be heard by
the Environmental Advisory Board prior to the
Collier County Planning Commission public hearing.
******
OLD BUSINESS
ITEM: Dynabel PUD
Mr. Hermanson had been asked by John F. Madajewski
to review a plan approved by the former
Environmental Advisory Council and Water Management
Advisory Board indicating the removal of a road
through a wetland/conservation area.
Mr. Hermanson agreed that the PUD document and PUD
Master Plan, as approved by the Environmental
Advisory Council, may proceed to the Collier County
Planning Commission and Board of County
Commissioners without having to be reviewed by the
EAB.
Page 4
ENVIRONMENTAL ADVISORY BOARD JANUARY 6, 1993
COMMENTS: No objection from EAB members.
******
ITEM: Clam Pass Park
Ms. Straton discussed new Request for Proposal to be
published by Public Services Division incorporating
lightweight beach furniture.
*****
There being no further business, the meeting was adjourned by
order of the Chair.
Environmental Advisory Board
George Hermanson, Chairman
Page 5
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF FEBRUARY 3 , 1993
I. NAME OF PETITIONER/PROJECT:
Petition No. : ST-93-1
Petition Name: "Weavers Station"
Applicant/Developer: Bryan Cohen, Big Cypress Chickee Builders
Engineering Consultant: N/A
Environmental Consultant: N/A
II. LOCATION:
Approximately three (3) miles east of the intersection of the Faka
Union Canal and U. S. 41 on the south side of U. S. 41; Section 13 ,
Township 52 South, Range 28 East, Collier County, Florida.
III. PROJECT DESCRIPTION:
The petitioner requests an exception to the Special Treatment
Development Permit to allow the removal of underground fuel tanks and
the demolition of old buildings destroyed by Hurricane Andrew. The
subject site is a ±10 acre parcel zoned CON-ACSC/ST surrounded by the
Fakahatchee Strand State Preserve. According to the Florida
Department of State, Division of Historical Resources - Master Site
File the site is not a National Historical Landmark nor is it
eligible for the National Register of Historical Places at this time.
Plan of Record:
Weavers Station Land Survey prepared by Richard D. Pryce, dated
December 2 , 1992 .
IV. STAFF COMMENTS:
The petitioner proposes to remove underground fuel tanks and old
buildings on previously altered land. In order to remove the
buildings from their existing locations the applicant may have to
remove dead and alive Australian pines (Casuarina spp. ) . An
exemption to the Environmental Impact Statement requirement is
granted.
V. RECOMMENDATIONS:
Staff recommends approval of Special Treatment Development Permit No.
ST-93-1 with the following stipulations:
1. Upon issuance, the building permit is subject to a forty-five (45)
day appeal period by the Florida Department of Community Affairs.
EAB Meeting 2/3/1993
ST-93-1
Page 2
2 . The removal of underground fuel tanks shall be registered with the
Collier County Pollution Control Department and the Florida
Department of Environmental Regulation (DER) at least thirty (30)
days prior to the commencement of removal [F.A.C. 17-761. 450
(1) (a) , (2) and (4) ] .
PREPARED BY:
11774 V/ / 1-Z''''t ,
Kimberly J P en Da e
Environme ta , Specialist II
REVIEWED BY:
Barbara N. Pr`Y oski Date
i. Env'ronme t.`, Specialist
‘ I
, r , 26 _3
J4hn F. Madajewsk P.E. Dat-
.• ioject Plan Revi-• Manager
1
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF FEBRUARY 3 , 1993
I. NAME OF PETITIONER/PROJECT:
Petition No. : Commercial Excavation Permit No. 59.462
Petition Name: "Silver Lakes"
Applicant/Developer: Conquest Development U. S.A, L.C.
Engineering Consultant: McAnly, Asher and Associates, P.A.
II. LOCATION:
Sections 10 and 15, Township 51 South, Range 26 East; bounded on
the west by S. R. 951 and on the other sides by vacant property.
III. PROJECT DESCRIPTION:
The petitioner requests the previously issued development
excavation permit for a portion of Lake 1 and Lake 3 be changed to
a commercial excavation permit. This is to allow excavation to a
greater depth than allowed under development excavation. The
petitioner is also requesting that Lake #2 and the remaining
portion of Lake #1 be part of this commercial excavation
application. However, permit to excavate the lakes will not be
issued until Silver Lakes Phase II construction plans are
approved.
Plan of Record:
Water Management:
"Silver Lakes Commercial Excavation Plan" prepared by McAnly,
Asher and Associates, P.A. ; dated 8/92 , two revisions.
IV. STAFF COMMENTS:
Water Management:
The excavation permit for a portion of Lake 1 and Lake 3 was
previously approved by Project Plan Review Staff as a development
excavation. The petitioner has found that more fill is needed on
site that the development excavation permits can provide. Rather
than dig more lakes, the petitioner proposed to dig the lakes to a
commercial excavation depth of twenty feet (20' ) . Also, to save
both Staff and Board time, he is requesting that the remaining
lakes currently not permitted, be included in this petition. In
addition to saving time in the future processing of the commercial
excavation permit for the lakes, it may save the unnecessary
removal of vegetation in areas of haul routes and stockpiling.
EAB Meeting 2/3/1993
Commercial Excavation Permit No. 59 . 462
Page 2
Since all the excavated material is to remain on site, Current
Planning has indicated the commercial excavation application is
consistent with the Silver Lakes PUD. The petitioner proposes to
excavate an additional 176, 200 cubic yards from all the lakes
above the development excavation limits.
The plans submitted are consistent with the Excavation Ordinance
and South Florida Water Management District rules.
V. RECOMMENDATIONS:
Staff recommends approval of Commercial Excavation Permit Number
59. 462 , "Silver Lakes" with the following stipulations:
Water Management:
1. The excavation shall be limited to a bottom elevation of -17 . 0
feet NGVD. All disturbed areas proposed for lake excavation
shall be excavated to a minimum elevation of -4 . 5 NGVD.
2 . No excavated material shall be removed from the project site.
3 . The lake littoral zone shall be created and planted as
indicated on the Littoral Zone Creation Program with the
provision that all plantings shall be done prior to excavation
completion and acceptance of the lakes (as opposed to as part
of landscaping as indicated in Goal #2) . The bond shall be
held for three (3) years to ensure eighty percent (80%)
survivability.
4 . The water quality monitoring program shall be implemented, as
submitted.
5. Stockpiling shall be limited to those areas as shown on the
plan. Modifications to stockpile locations may be allowed
subject to resolution of the Collier County Building Code
restrictions, the Deltona Settlement restrictions, the
issuance of the construction plans for Phase II and
re-submittal of modified plans.
6. Should Lake #1 not be completed as shown on the plans, revised
plans shall be submitted and Lake #1 excavated so that it
meets the minimum size and width requirements of the
ordinance.
7 . An excavation permit for Lake #2 and the remaining portion of
Lake #1 shall be issued prior to any excavation. Submission
of all information required by Ordinance No. 92-73 , Division
3 . 5 for commercial excavations shall be submitted, however the
permit shall be issued without submission to the Environmental
Advisory Board or the Board of County Commissioners. The
permit shall be issued with a depth consistent with a
commercial excavation, however no fill may be taken off-site.
EAB Meeting 2/3/1993
Commercial Excavation Permit No. 59 . 462
Page 3
8 . An over-excavation fee shall be paid for the material removed
in Lake #1 Development Excavation, beyond the permitted depth
of -9 . 0 feet NGVD. A surveyor's or engineer's certified
estimate of the volume of material shall be submitted and a
fee of $1. 00/cy of material (per Resolution 92-265) shall be
paid prior to issuance of the commercial excavation permit for
Lake #3 and the first portion of Lake #1.
9. All provisions of Collier County Ordinance No. 92-73 , Division
3 . 5 shall be adhered to.
PREPA D B
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Step anielt. Sm'th, P.E. Da e
Technical Services Supervisor
R VIEWED BY:
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Jo ti F. Madajewski, P. Date
Pr47ect Plan Review Maiager
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ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF FEBRUARY 3 , 1992
I. NAME OF PETITIONER/PROJECT:
Petition No. : PUD-92-9
Petition Name: "Immokalee Road Center"
Applicant/Developer: J. D. Nicewonder, Jr.
Engineering Consultant: Johnson Engineering, Inc.
Environmental Consultant: Ken Passarella, Johnson Engineering,
Inc.
II. LOCATION:
Section 25, Township 48 South, Range 25 East; bounded on the north
by Immokalee Road, on the west by the Sam's Wholesale Club, on the
south and east by the Four Seasons Subdivision.
III. PROJECT DESCRIPTION:
The petitioner proposes to rezone 11. 05 acres of land into a
planned unit development (PUD) . The area breakdown will consist
of 2 . 71 acres for a commercial center, 2 . 5 acres for a cypress
restoration preservation/stormwater management area and two out
parcels adding up to 5. 84 acres.
Plan of Record:
Water Management:
"Master Concept Plan, Immokalee Road Parcel, Planned Unit
Development" prepared by Johnson Engineering, Inc. , dated
4/7/92 , no revisions.
Environmental:
Environmental Impact Statement, prepared by Johnson Engineering
Inc. , dated June 1992 .
Wetland Mitigation Plan, prepared by Johnson Engineering Inc. ,
dated November 1992 , revised January 1993 .
IV. STAFF COMMENTS:
Water Management:
The water management system will consist of a cypress restoration
and preservation area which will collect the runoff generated by
the project through pipes. The cypress area will be sized so that
it can handle the water quality and water quantity requirements of
the South Florida Water Management District.
EAB Meeting 2/3/1993
PUD-92-9
Page 2
The discharge rate will be limited to 0. 04 cfs/acre or 0.44 cfs.
The discharge will be directed into an existing ditch located on
the eastern side of the property and which ends at the Airport
Canal.
Due to the fact that the water management system will be handled
in a wetland, the petitioner will need to obtain a surface water
management permit from South Florida Water Management, since
Collier County does not permit systems in wetlands.
Environmental:
The proposed planned unit development exists of eleven and one
half (11. 5) acres: four (4) acres wetland and approximately seven
(7) acres of upland. The wetland is composed of a central cypress
slough and two ponded wetland systems. One pond at the western
edge of the site is a temporary pond that holds up to two (2) feet
of water through the summer months and is dry the remainder of the
year. It is vegetated with swamp fern (Blechnum serrulatum) , dog
fennel (Eupatorium sp. ) , button bush (Cephalanthus occidentalis) ,
and flag (Thalia geniculata) . The second pond located near the
eastern edge is wet throughout the year and vegetated with cypress
(Taxodium distichum) and flag (Thalia geniculata) . A Special
Treatment (ST) overlay covers a large portion of the site. Field
verification of the edge of the wetland system adjusted the ST
line accordingly.
There are four gopher tortoise burrows on site, one of which was
determined to be active. The petitioner proposes relocating the
tortoise to an approved preserve.
The petitioner proposes impacting 2 . 6 acres of the wetlands and
mitigating according to South Florida Water Management District
(SFWMD) criteria. They will relocate as many cypress trees as
feasible (from within the impacted area) by using a tree spade, to
the restored, created and preserved areas on site. Nearly all of
the upland portion of the site will be impacted. The petitioner
proposes retaining oaks where possible and transplanting trees to
landscaped areas.
V. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development Petition
PUD-92-9 "Immokalee Road Center" with the following stipulations:
EAB Meeting 2/3/1993
PUD-92-9
Page 3
Water Management:
1. Prior to final construction plans approval, petitioner shall
provide evidence that he has the right to discharge into the
existing ditch which is located between the project and the
Airport Road Canal.
2 . An analysis on the capacity of the entire length of existing
ditch shall be provided. If any improvements are needed to
handle the runoff generated by the project, these improvements
shall be made by the petitioner.
3 . Prior to final construction plans approval, a South Florida
Water Management District Surface Water Management Permit
shall be obtained, since Collier County does not permit water
management systems using wetlands.
4 . Section 4 .7 of the PUD document shall be replaced by the above
stipulations.
Environmental:
1. The petitioner shall mitigate for the loss of wetland as
proposed in the Wetland Mitigation Plan dated November 1992 ,
revised January 1993 , by:
a) Creating a . 3 acre herbaceous pond; b) creating a . 7 acre
cypress wetland; c) restoring 1. 5 acres cypress wetland and d)
donating 9 acres of off-site cypress wetlands to Corkscrew
Regional Ecosystem Watershed Trust.
All the above shall be completed prior to the issuance of any
certificate of occupancy of the site.
2 . A gopher tortoise relocation plan shall be submitted and
approved by Project Plan Review prior to final construction
plan approval. Said plan shall also be reviewed and approved
by the Florida Game and Fresh Water Fish Commission.
Relocation shall occur prior to the pre-construction meeting.
3 . Cypress trees shall be transplanted from the impacted area,
using a tree spade, to the areas of recreation, restoration,
or preservation.
4 . Oak trees on site shall be retained if they fall in any
landscape area or can be incorporated into tree islands within
the parking lot.
5. Royal palms on site shall be transplanted into areas of
landscaping or retention (or shall be offered for off site
transplantation prior to any site alterations) .
EAB Meeting 2/3/1993
PUD-92-9
Page 4
6. Mulch, seed source and plantings from the existing temporary
pond on site shall be used to supplement the creation and
enhancement of the herbaceous wetland pond.
PREPARED BY:
A
A . //e5/73
Jul C. Adarmes Date
S ngineer
/•.)f21ha 1 L_ 1 ' !„.).LL t ._,r'-_ /���_`,
Barbara S. Burges Burgesdh Date
Environmental Specialist II
REV BY-
i,7( / 2S-
hi
Stepha94e . Smith, P. Date
Technical Servis Supervisor
' I ' , v. �AL //zsAy--
larbara N. Pr nski 7
Date
Chief Environmental Specialist
, 1 C.:404a
-77-3
John F. Madajewski P.E. Dat
• oject Review Seri ces Manager
ENVIRONMENTAL ADVISORY BOARD
STAFF REPORT
MEETING OF FEBRUARY 3 , 1993
I. NAME OF PETITIONER/PROJECT:
Petition No. : Preliminary Site Development Plan No.
SDP-90-74A (Construction of Docking
Facilities)
Petition Name: "Capri Cove Docking Facilities"
Applicant/Developer: Debbie Orshefsky, Esquire
R & L Development of Marco, Inc.
Engineering Consultant: Wilson, Miller, Barton & Peek, Inc.
Environmental Consultant: Wilson, Miller, Barton & Peek, Inc.
II. LOCATION:
The parcel is located at the intersection of S. R. 951 and S. R.
952 , Section 33 , Township 51 South, Range 26 East; bounded on the
north and west by Rookery Bay Aquatic Preserve, on the east by
S. R. 951 and on the south by S. R. 952 .
III. PROJECT DESCRIPTION:
According to Marco Shores Planned Unit Development (Ordinance No.
84-42 , as amended) the approved use of the tract is for a hotel
and a boat docking facility. (See Attachment "A" - Isle of Capri
Plan - H-5 for approximate location of Boat Dock Facility and see
Attachment "B" - Environmental Advisory Council Minutes from
January 6, 1988 meeting for previous considerations and concerns. )
The tract is included in the Stipulation for Dismissal and
Settlement Agreement, made and entered on July 20, 1982 , by and
between: A) The Deltona Corporation; B) National Audubon, Collier
County Conservancy, Florida Audubon Society, Environmental Defense
Fund and Florida Division of the Izaak Walton League; C) The
Department of Environmental Regulation of the State of Florida
(DER) ; The Board of Trustees of the Internal Improvement Trust
Fund (TIITF) ; The Department of Veteran and Community Affairs of
the State of Florida (DVCA) ; The South Florida Water Management
District (SFWMD) ; and Collier County, Florida. The Stipulation
and Agreement does not obviate the necessity of obtaining the
appropriate permits or regulatory approvals. Therefore, the
County shall review all proposals for consistency with the Growth
Management Plan, the Land Development Code, building regulations
and other requirements applicable to the development.
The tract is also included in Permit NO. 78B-0683 issued by the U.
S. Army Corps of Engineers on September 29 , 1983 which authorizes
the construction of a boat docking facility for about fifty (50)
boats with boat lengths equal to or less than twenty-three (23)
feet.
EAB Meeting 2/3/1993
SDP-90-74A
Page 2
Plans of Record:
1. Response letter dated November 16, 1992 , regarding initial
preliminary SDP-90-74A submittal prepared by Robert Mulhere,
Planner II of the Current Planning Staff, addressed to
Clifford Schneider, P.E. of Wilson, Miller, Barton, & Peek,
Inc.
2 . Second submittal dated December 15, 1992 , regarding
preliminary SDP-90-74A prepared by Jack Abney of Wilson,
Miller, Barton & Peek, Inc. addressed to John F. Madajewski,
Project Plan Review Manager.
3 . Second response letter dated January 4 , 1993 , regarding
second preliminary SDP-90-74A submittal prepared by Robert
Mulhere, Planner II of the Current Planning Staff, addressed
to Jack Abney of Wilson, Miller, Barton & Peek, Inc.
4 . Third submittal dated January 5, 1993 , regarding preliminary
SDP-90-74A submittal prepared by Jack Abney, of Wilson,
Miller, Barton & Peek, Inc. addressed to Bob Mulhere,
Planner II of Current Planning.
5. Capri Cove Proposed Docks Plan prepared by Wilson, Miller,
Barton & Peek, Inc. , dated November 1991, three revisions.
6. Aerial photograph with scale 1" = 200' dated April 1989.
IV. STAFF COMMENTS:
On December 28 , 1992 from 9 : 00 a.m. to 11: 00 a.m. , during a low
tide, Staff made a cursory site inspection by walking through
the central portion of Phase I, between Phase I and Phase II,
and the west half of Phase I . The following submerged plants
and animals were observed while on site:
red mangrove (Rhizophora mangle)
white mangrove (Laguncularia racemosa)
black mangrove (Avicennia germinans)
feather algae (Caulerpa sertulariodes)
algae (Gracilaria verrucosa)
algae (Laurencia intricata)
periwinkle (Littorina spp. )
horn shell (Cerithidea spp. )
melampus (Melampus spp. )
two-leaf halophila (Halophila baillonis) NOTE: Found scattered
along the northern
property line of Phase II.
EAB Meeting 2/3/1993
SDP-90-74A
Page 3
oyster (Crassostrea virginica)
gulf oyster drill (Urosalpinx perrugata)
fiddler crab (Uca rapax)
mangrove crab (Aratus pisonii)
blue crab (Callinectes sapidus)
brown spiny sea star (Echinaster spinulosus)
mud brittle star (Ophinephthys limicola)
pygmy sea cucumber (Pentacta pygmaea)
pale anemone (Aiptasia pallida)
moon jelly (aurelia aurita)
upside-down jelly (Cassiopeia xamachana)
parchment worm (Chaetopterus variopedatus)
medusa worm (Loimia medusa)
plumed worm (diopatra cuprea)
fragile barnacle (Chthamalus fragilis)
tunicate (Bostrayllus spp. )
eroded sponge (Haliclona loosanoffi)
green-backed heron (Butorides straitus)
belted kingfisher (Megaceryle alcyon)
Both Phase I and Phase II have shallow muck bottoms. Phase I
depths are approximately ±2 . 0 to ±3 . 5 NGVD. Phase II depths are
approximately ±1. 5 to ±2 . 5 NGVD. Between the two phases there
is a shallow ridge that extends in a north-south direction from
the point of land separating the two phases north to a mangrove
island offshore. The composition of this ridge varies
differently from the muck covered bottom prevalent in both
phases, it has a sand and shell substrate. Along the ridge the
water clarity and the species richness was best.
Staff has restricted their review mainly to the proposed project
within the property boundaries. Staff recognizes that there may
be potential impacts to surrounding resources resulting from the
proposed use, which could consequently impact on-site
resources. Therefore, Staff has recommended water quality
monitoring and channel markers be required as an integral part
of Phase I approval. Staff is only recommending approval of
Phase I at this time. The Phase II location has not been
determined as being approved by the Marco Shores PUD. It
cannot, therefore, be considered until it is determined to be
allowed under the current Marco Shores PUD or the PUD is
amended.
On January 12 , 1993 , Staff received a letter from Scott Franke
concerning the Capri Cove Docking Facilities (See Attachment
tC") .
V. RECOMMENDATIONS:
Staff recommends approval of Preliminary Site Development Plan
No. SDP-90-74A with the following stipulations:
EAB Meeting 2/3/1993
SDP-90-74A
Page 4
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 . Prior to Final Site Development Plan approval the applicant
must submit to Project Plan Review Environmental Staff for
review and approval all applicable federally and state listed
plant and animal species survey information and/or permits as
may be required. Species surveys shall be performed utilizing
Florida Game and Fresh Water Fish Commission methodology or by
means of an alternative methodology approved by Project Plan
Review Environmental Staff.
3 . 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.
4 . 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.
5. 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) .
6. 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.
PREPARED BY:
/ / /1-7°-6)
Kimberly J len Da e
Environmental Specialist II
REVIEWED BY:
• j, i i . `sf /
Barbara N. Prltnoski Date
hi-f Environment Specialist
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Project Plan Revi- Manager
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DEVELOPMENT PLAN
•
ATTACHMENT "B"
ENVIRONMENTAL ADVISORY COUNCIL January 6, 1988
***
PETITION NO. PDA-87-1C
FILED BY/FOR: James E. Vensel of James E. Vensel Association,
Inc . , Architects and Planners; representing Donald
K. Ross defined Benefit Trust and Robert B. Lieber
defined Benefit Trust .
REQUESTING : A PUD amendment to Marco Shores
COMMENTS : Mr. James E. Vensel stated that this project is a
small part of a very large Marco Shores PUD which
was approved by the County and approved as a DRI in
1984 . He further stated that the fundamental
aspect of the PUD was that development areas which
had been previously approved on or adjacent to
Marco Island years before, were denied by the Corps
of Engineers, and as a result of that denial
Deltona reached an agreement with the Corps, the
Audubon Society and approximately 15 agencies
involved in various lawsuits, to submit a Master
Plan of Development . He added that in the
ownership at that time, Deltona had approximately
15 , 000 acres of mangrove wetlands and it was agreed
that these developments that had been previously
approved but not totally permitted on Marco Island
would be relocated to areas on the Mainland or
elsewhere and Deltona would deed to the Sate of
Florida the 15, 000 acres of mangrove and limit its
future development to only these areas that were
approved as part of that PUD. He noted that one
of the small areas which was approved is the sub-
ject Isles of Capri commercial tract consisting of
8 or 9 acres, and had previously been intended for
a small shopping center.
Mr. Vensel indicated that the peculiar shape of the
site is the result of the on-site field flagging by
the various envioronmental groups. He noted that
a 150 room hotel with a separate free standing
restaurant is the intent of the site, further
noting that the traffic generated by the hotel/
restaurant is one-half of what would have been
generated by the shopping center. He advised that
the hotel facilities will be augmented by a docking
area which has already been approved as part of the
Master PUD, is permitted by all State Agencies,
including the Corps of Engineers, and will consist
of 30-40 boat docks, adding that the boat docks are
Page 8
ENVIRONMENTAL ADVISORY COUNCIL January 6, 1988
located in a barrow area. He noted that this area
will be suitable for docking without any further
modification or dredging the bottom.
Mr . Vensel stated his concern regarding the
Stipulations, noting that the PUD Agreement which
was approved contained twenty pages of environmen-
tal processing, concerns and procedures, further
stating that he would like to suggest that an addi-
tional Stipulation or wording reconfirm those 20
pages and incorporate them into the 9 stipulations
of today.
Mr . Vensel noted that he had a problem with
Stipulation #6, further noting that he would like
to see the language regarding transplantation
changed to read "shall be, where feasible" . He
advised that the environmental boundaries of these
sites were carefully developed and there are some
small isolated mangrove areas throughout the PUD,
and these areas will be totally utilized where the
trees can be preserved in their natural habitat ,
further adding that a tree survey will be con-
ducted, then preparation of the site planning,
including parking for the hotel will be based on
information obtained from the tree survey.
Dr . Proffitt replied that he concurred with Mr.
Vensel , in that, the Stipulations should include
all original PUD, further stating that he would
like to see a 10th Stipulation added to read: "All
the Stipulations of the original PUD shall be
included" .
Dr . Proffitt noted that he would like to add
Stipulation #11 as follows: "All mangrove trimming
shall be subject to review and approval by the NRMD.
The goal of any approved trimming shall be to main-
tain the biological , ecological integrity of the
mangrove system
Dr. Benedict questioned how the storm water would
be handled, to which Mr. Vensel replied it will be
retained, then through a control weir structure
into a spreader.
Dr . Benedict inquired as to whether the sewage
treatment would be hooked into a line, to which Mr .
Vensel stated that Deltona Utilities will be
building a temporary package treatment plant , and
Page 9
ENVIRONMENTAL ADVISORY COUNCIL January 6, 1988
when the sewer lines become available, the tem-
porary plant will be discontinued.
Mr . Below indicated that he is against the docks,
because it will give access to Macilvane Bay and
that system goes down to Johnson Bay, which is an
extremely shallow system.
In answer to Dr . Benedict, Mr. Vensel answered the
State of Florida owns everything outside of the
preservation line.
Mr . Vensel , in answer to Dr. Snyder, stated that
upon widening of S .R. 951 , the area to the east of
the power line easement shall be used as a
construction mobilization for construction of the
south portion of the road, and any tree protection
will be accommodated.
Mr . Chris Tempki of the Natural Department of
Resources asked if any mangrove trimming on State
owned land would be taking place, to which Mr.
Vensel stated only near the small area of the
easement .
Mr . Tempki stated that any dredging in the subject
area, will require a permit from the Governor and
Cabinet, and prop dredging is illegal in the eyes
of the State. He stated also that Florida Statutes
states that water quality cannot be degraded in low
ambient conditions, and there is a potential for
the storm water to degrade the water quality.
After lengthy discussions regarding runoff ,
deterioration of water, prop dredging and flagging
to prevent this dredging, and Mr. Vensel stated
that he did not believe an application for dredging
would be required, as there is no external dredging
anticipated.
Dr . Proffitt noted that supplemental environmental
work may need to be addressed at the time any per-
mits are brought forward with regard to docking,
i . e. , prop dredging, the depths of the water in the
area, possibility for ingress and egress, marking
of channels in and out of the area, etc .
Mr . Cardillo stated that he would like to see
testing of the waters now as to what the conditions
are presently, since the hotel is going up after
Page 10
ENVIRONMENTAL ADVISORY COUNCIL January 6 , 1988
the four-lane road is completed, and then again after
the hotel is up and operating, and the owner should
be in agreement to work with staff at Rookery Bay.
Mr. Below stated that anything that is introduced
to the outstanding waters is shown to be detrimental ,
it has to be corrected.
Mr . Vensel indicated that he will attempt to design
the drainage so that the overflow on the drainage
in the spreader is south of S .R. 951 and, therefore ,
only very minor amounts of water will be discharged
into the system.
Dr . Proffitt suggested that Stipulation #12 be
added to read: The final Water Management Plan
shall be designed so that the water inputs into
the authentic Florida water and the aquatic preserve
shall be kept to an absolute minimum, and the need
for testing will be considered at the time the
Preliminary Drainage Plan is submitted.
MOTION: Made by Dr. Snyder to approve PDA-87-1C, with modi-
fication of Stipulation #6 and the addition of
Stipulations #10, 11 and 12 . Seconded by Mr. Below
and carried unanimously.
STIPULATIONS :
1 . Petitioner shall be subject to Ordinance 75-21 (or
the tree/vegetation removal ordinance in existence
at the time of permitting) , requiring the acquisi-
tion of a tree removal permit prior to any land
clearing. A site clearing plan shall be submitted
to the Natural Resources Management Department for
their review and subject to approval prior to any
work on the site. This plan may be submitted in
phases to coincide with the development schedule .
The site clearing plan shall clearly depict how the
final site layout incorporates retained native
vegetation to the maximum extent possible and how
roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate this
goal .
2 . Native species shall be utilized, where available,
to the maximum extent possible in the site
landscaping design. A landscaping plan will be
submitted to the Natural Resources Management
Department and the Community Development Division
Page 11
ENVIRONMENTAL ADVISORY COUNCIL January 6, 1988
for their review and subject to their approval .
This plan will depict the incorporation of native
species and their mix with other species, if any.
The goal of site landscaping shall be the re-
creation of native vegetation and habitat charac-
teristics lost on the site during construction or
due to past activities.
3 . All exotic plants, as defined in the County
Code, shall be removed during each phase of
construction from development areas, open
space areas, and preserve areas. Following
site development , a maintenance program shall
be implemented to prevent reinvasion of the
site by such exotic species. This plan, which
will describe control techniques and inspec-
tion intervals, shall be filed with and sub-
ject to approval by the Natural Resources
Management Department and the Community
Development Division.
4 . If , during the course of site clearing, exca-
vation, or other constructional activities, an
archaeological or historical site, artifact ,
or other indicator is discovered, all develop-
ment at that location shall be immediately
stopped and the Natural Resources Management
Department notified. Development will be
suspended for a sufficient length of time to
enable the Natural Resources Management
Department or a designated consultant to
assess the find and determine the proper
course of action in regard to its salvageabi-
lity. The Natural Resources Management
Department will respond to any such notifica-
tion in a timely and efficient manner so as to
provide only a minimal interruption to any
constructional activities.
5 . The petitioner shall submit project designs
that will minimize the destruction of native
habitats. The investigation of possible habi-
tat saving designs should include, but not be
limited to : 1 ) increasing the number of
stories of the proposed hotel to reduce the
amount of area necessary for the building
(presumably the number of hotel units will
remain the same) , 2 ) reducing the amount of
parking area, and 3) modifying drainage plans .
Page 12
ENVIRONMENTAL ADVISORY COUNCIL January 6, 1988
6 . Certain native plant species that must be
removed to accommodate structures shall be,
where feasible, transplanted to suitable habi-
tat areas within the project. These plants
shall include, but not be limited to tilland-
sioid epiphytes and epiphytic members of the
family Orchidaceae, and the species that are
listed in the edition of the Florida Game and
Fresh Water Fish Commission' s publication
"Official Lists of Endangered and Potentially
Endangered Fauna and Flora in Florida" that is
current at the time of land clearing. The
petitioner is specifically encouraged to pre-
serve and/or transplant into compatible hati-
tats large oak trees that contain protected
epiphytes, and native hammock communities.
7 . Final alignment and configurations of water
management structures shall be subject to
minor field adjustments to minimize habitat
destruction. Prior to construction, areas
subject to alteration must be flagged by the
petitioner ; the alignment/configurations shall
be subject to the review and approval of the
Natural Resources Management Department .
8 . All preserve areas as designated on the Master
Plan must be flagged by the petitioner prior
to any construction in the abutting area, and
habitat preserve boundaries will be subject to
the review and approval of the Natural
Resources Management Department .
Any proposed construction of docking facili-
ties and/or related structures shall be sub-
ject to the review and approval of the NRMD
and EAC as part of the review process with all
concerned regulatory agencies.
10 . All the Stipulations of the original Marco
Shores PUD shall be included.
11 . All mangrove trimming shall be subject to
review and approval by the NRMD. The goal of
any approved trimming shall be to maintain the
biological, ecological integrity of the
mangrove system.
12 . The final Water Management Plan shall be
designed so that the water inputs into the
Page 13
ENVIRONMENTAL ADVISORY COUNCIL January 6, 1988
authentic Florida water and the aquatic pre-
serve shall be kept to an absolute minimum,
and the need for testing will be considered at
the time the Preliminary Drainage Plan is sub-
mitted.
***
ITEM: Letter to Joel VanArman dated November 25, 1987
COMMENTS : Mr. Below noted that the third paragraph, #1 , indi-
cates that "The Cape Romano-Ten Thousand Islands
Aquatic Preserve is outstanding Florida Waters" ,
further noting, that this is erroneous.
Mr. Below indicated that Page 2 , #3 should state that
area is outstanding Florida Waters.
Mr . Below noted that #4 states "The degree of
pollution is unknown" , adding that the impacts have
been major in that area, and also in #5 which
refers to the Wiggins Bay and Delnor-Wiggins State
Park area.
ITEM: Introduction of Andrea Stevens
Dr . Proffitt introduced Andrea Stevens, Natural
Resources Technician, adding that Ms. Stevens holds
a Masters Degree in Forestry and Environmental
Management, and she has been with the County for
one week.
Chairman Cardillo welcomed Ms. Stevens to Naples.
***
ITEM: Workshop for Sea Turtle Ordinance
Dr. Proffitt indicated that the workshop for the
Sea Turtle Ordinance will held on the 4th Wednesday
of January, at 8 : 45 A.M. in the Boardroom of the
Board of County Commissioners, adding that the Sea
Turtle Coordinator from the Environmental
Protection Fund in Washington, D.C . will also be
present for the workshop.
ITEM: Workshop for EAC Ordinance and Policies
Page 14
ATTACHMENT "C"
FRANKE 8c GROTH, P.A.
ATTORNEYS AT LAW
SUITE 101,CASTELLO PROFESSIONAL CENTER
1044 CASTELLO DRIVE
NAPLES, FLORIDA 33940
DONALD T.FRANKE' TELEPHONE:(813) 282-8500
SCOTT D.FRANKEt FAX:(813) 282-4301
ROBERT W.GROTH'
'ALSO ADMITTED IN MINNESOTA
?ALSO ADMITTED IN OREGON
January 12 , 1993
I
Ms. Kimberly Polen I 131993
Project Plan Review
Collier County Development Services Department
Re: Capri Cove Dock Siting * REVIEW�� IEW SERVICES
Dear Ms. Polen:
I am an attorney who represents the Isles of Capri Civic
Association, Inc . in appealing the County Board' s decision to
allow construction of the above-referenced docks prior to
permitting of the upland use. While that issue is not
particularly relevant to your work on this matter, or this
letter, divulging this information from the outset would seem
appropriate for various reasons, including your evaluation of the
comments I have made below.
I am also a biologist, with a B.S. Degree and with two
summers schooling at the Oregon Institute of Marine Biology,
together with slightly more than a year spent back in 1982 and
1983 working for the Conservancy at their Norris Marine Research
Center then located at Rookery Bay.
On Saturday, January 9 , 1993, I had the opportunity to
paddle my kayak to the proposed dock site and to assess the flora
and fauna of the proposed site. I arrived at approximately 7: 50
a.m. and found a fairly strong outgoing tide flowing from east to
west through a small pass to the east of what is now known as
Phase II formed by the mainland and the mangrove island offshore
to the north of the proposed sights, and then flowing toward and
under the small overpass of S.R. 951 just north and west of the
proposed site. During the time that I was present, the tide
continued to flow in this direction without reaching slack tide
at low water.
As I paddled through the area known as Phase I, under rainy
conditions, I had difficulty seeing the bottom beyond more than
just a few meters from the shoreline. The first thing that I
noticed at the site was a wood stork feeding in the water
immediately adjacent to the exposed bottom near the shoreline at
the site. The next observations that I made were of the
upsidedownjellyfish, (Cassiopeia )gamachana) lying upside down on
the bottom. The light appearance of these jellyfish made them
relatively easy to spot in the dark waters, and I found them to
be prevalent throughout both the Phase I and Phase II areas, in a
density of approximately one jellyfish per 10-15 square meters on
average throughout the site. Before leaving the Phase I area, I
paddled a line through that area running east-west at
approximately 10 meters from the seawall on the southward shore,
taking depth samples at regular intervals, and found a depth
generally ranging from . 75 to 1 meter throughout, although random
samples on either side of this line revealed depths that were
somewhat greater in spots.
I then took my kayak toward the Phase II area and found that
a shallow ridge separated the Phase I and II areas in nearly a
north-south direction from the point of land separating the two
areas on the southward side and running almost straight out
toward the mangrove island offshore to the north, with a slight
deviation in the linearity of this ridge toward the west which
was found near the southward shore. At no point on this ridge
line, under the existing conditions of tide, did I find a depth
exceeding 0 . 5 meters, and in most places the depth was more like
0 . 3 meters. The composition of this ridge varied from the
otherwise silked and mud covered bottom prevalent in both the
Phase I and Phase II areas, having a sand and shell substrate
instead. It would seem that the tidal flows over this have kept
it clear of the siltation present in somewhat deeper areas. As a
result of this relatively hard substrate, a rich invertebrate
fauna, as well as an interesting flora, nearly covered the entire
length of the ridge. Near the shore, I first observed the gaping
red foot from a Florida Horse Conch having a shell of
approximately 30cm in length. Even in the dull light of a very
rainy morning, it was quite clear from the reds and purples that
I beheld that most of the ridge area was covered by various soft
sponges. A few different varieties of sea stars were also found
in fair abundance. There was also a substantial amount of the
algae Caulerpa sertularioides found radiating on its rhizomous
root structure across and on either side of the ridge. This is
the beautifully delicate algae that looks much like a deep green
bird feather. Among the diverse community of invertebrates
normally associated with this sort of community that is swept by
clean tidal waters, I noted the following: a terebellid worm
species , various small crab species, Bugula neritina (moss
animals) , feather duster worms, anthomedusae of the Corymorphidae
family, and amphipods.
In the large area that is designated as Phase II, I was
surprised to find a uniform depth of only 1/2 meter throughout.
The bottom in this area was generally covered with extremely
light organic materials that easily billowed up and clouded the
waters when disturbed by my paddle. Aside from the many upside
down jellyfish, I also found the area to have small amounts of
the seagrass Halophila baillonis (Two-leaf Halophila) . The
algaes were predominantly a laurencia or acanthophora species,
intersperced with Gracilaria. I also found a lovely black
tunicate growing around a branch underwater in this Phase II
area.
If regular boat traffic begins to operate in either the
Phase I or Phase II areas, it is clear that the biological
community, particularly that found on the central ridge between
the two phases , will suffer severe damage. As you know, the
sponges and many of the other species I mentioned are filter
feeders that will soon become overwhelmed by sediments that will
doubtless be stirred up by the action of motorboat propellors.
Even if you limit docks to the Phase I area, the disturbed
sediments will sweep over the ridge and into the Phase II area on
an incoming tide. It is also very obvious, as the applicants are
specifically barred from dredging the area to any greater depth,
that boat traffic will not be able to move between the Phase I
and the Phase II areas at low tide. If docks and boats are
allowed in the Phase II area, then their access would only be by
heading out the small pass to the west. I understand that
shallow waters lie beyond that small pass, although I was unable
to investigate personally in the limited time I had.
Unfortunately, even at higher. water it is clear that the
biologically rich ridge will suffer physical damage from boats
and prop scaring, if only from boats straying that direction from
the Phase I docks . The cumulative impacts of these boat passages
would doubtless devastate such species as were able to survive
the clogging from sediments within a relatively short period of
time.
As I paddled out of this area toward 951 at my departure,
shallow areas directly between the Phase I area and the bridge
were becoming exposed above the water. A motorboat would have to
head in a northerly direction some distance before cutting back
southeasterly to go under the 951 bridge for access to more open
waters via the canal that parallels 951. Even the canal was very
shallow and tricky for navigation at these low waters.
While tides are not generally as low as the one during which
I made my investigation of this site, it is still very evident
that this is a shallow and inappropriate area to encourage
regular boat traffic. An occasional boat passing at medium or
high water might produce minimal impact on the biology of this
estuary, but twenty, not to mention fifty boats using this area
will have devastating consequences on this richly diverse
biological community.
According to the PUD Documents, permission to build these
docks are subject to environmental review by the county. I do
not personally believe that this project is a reasonable
proposal, and hope that you will deny this permit. I hope that
the information that I provided will be of some help to you in
your evaluation. I highly recommend that you obtain a watercraft
with a shallow draft, one that is preferably hand powered, and
make an in depth inspection of this area prior to making any
recommendation regarding permit approvals.
If you have any questions for me, please feel free to call.
My work phone number is 262-8500. Thank you for your
consideration.
Very truly yours,
•
W* dri7
SCOT FRA
SF:rp
cc: Bob Beren, A.C.O.E.
COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
MARCH 3, 1993; 9 : 00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F"
I. ROLL CALL
II. APPROVAL OF MINUTES--February 3 , 1993
III. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
V. OLD BUSINESS
A. Final Site Development Plan No. SDP-90-74A
"Capri Cove Docking Facilities"
Section 33 , Township 51 South, Range 26 East
Collier County, Florida
VI. REGULAR AGENDA
A. Preliminary Subdivision Plat No. PSP-92-16
"Immokalee Airport Industrial Park"
Sections 2 and 3 , Township 47 South, Range 29 East and
Sections 34 and 35, Township 46 South, Range 29 East
Collier County, Florida
B. Conditional Use Petition No. 92-16
"Mitchell D. and Teresa E. House"
Section 26 and 27 , Township 52 South, Range 29 East
Collier County, Florida
VII. NEW BUSINESS
A. Letter to Neil Dorrill from Chris Straton dated February
11, 1993 regarding EAB.
VIII . ADJOURNMENT
IX. WORKSHOP
A. Informational Presentation to EAB members by Petitioners
for: Rezone Petition No. PUD-93-1, "Pelican Marsh"
Sections 27 , 34 & 35, Township 48 South, Range 25 East
Collier County, Florida (*See enclosed memo. )
EAB March 3 , 1993 Agenda
Page 2
***********************************************************************
NOTES:
A. [Board Members] : Notify PROJECT PLAN REVIEW (643-8470) no
later than 5 P.M. on Monday March 1, 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.
***********************************************************************
MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: February 3 , 1993
TIME: 9 : 00 A.M.
PLACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center, Naples, Florida
EAB STAFF PRESENT
Branon X Madajewski X
Worsham X Prynoski X
Turrell X Adarmes X
Neale ABSENT Burgeson X
Saadeh X Reischl
Straton X Polen X
Hermanson X Howell X
MINUTES BY: Barbara S. Burgeson, Environmental Specialist II
CALLED TO ORDER AT: 9 : 02 a.m. ADJOURNED AT: 12 : 58 p.m.
PRESIDING: George H. Hermanson, Chairman
ADDENDA TO THE AGENDA:
APPROVAL OF MINUTES: January 6, 1993
Page 1
ENVIRONMENTAL ADVISORY BOARD FEBRUARY 3 , 1993
******
ITEM: Consent Agenda
COMMENTS: Petition ST-93-1, "Weavers Station" was moved to the
regular agenda at the request of Barbara N.
Prynoski Chief Environmental Specialist.
Ms. Prynoski noted there were people present who may
want to comment on this petition.
******
PETITION NO: ST-93-1, "Weavers Station"
FILED BY/FOR: Bryan Cohen, Big Cypress Chickee Builders
REQUESTING: The petitioner requests an exception to the Special
Treatment Development Permit to allow the removal of
underground fuel tanks and the demolition of old
buildings destroyed by Hurricane Andrew.
REPRESENTED BY: Mr. James Billy, owner
COMMENTS: For a complete record of the proceedings reader is
directed to the tape recording of this meeting,
located in the Office of the Clerk to the Board, 5th
Floor, Building "F" , Collier County, Government
Complex.
MOTION: Made by Mr. Worsham, seconded by Mr. Branan and
carried 6/0, to approve Petition ST-93-1, "Weavers
Station" with Staff's stipulations and two additional
stipulations:
STIPULATIONS:
1. Upon issuance, the building permit is subject to a
forty-five (45) day appeal period by the Florida
Department of Community Affairs.
2 . The removal of underground fuel tanks shall be
registered with the Collier County Pollution
Control Department and the Florida Department of
Environmental Regulation (DER) at least thirty
(30) days prior to the commencement of removal
[F.A.C. 17-761. 450 (1) (a) , (2) and (4) ] .
3. The petitioner shall remove the underground fuel
tanks and exotic vegetation on site.
Page 2
ENVIRONMENTAL ADVISORY BOARD FEBRUARY 3 , 1993
4 . There shall be a ninety (90) day postponement for
demolition of buildings during which time the
Collier County Archaeological Board will bring as
petition to Board of County Commissioners. If
there is no justification to preserve 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.
******
PETITION NO: Commercial Excavation Permit No. 59 .462, "Silver
Lakes"
FILED BY/FOR: McAnly, Asher and Associates, P. A. representing
Conquest Development U. S.A. , L.C.
REQUESTING: The petitioner requests the previously issued
development excavation permit for a portion of
Lake 1 and Lake 3 be changed to a commercial
excavation permit. This is to allow excavation
to a greater depth than allowed under development
excavation.
REPRESENTED BY: Sean Abernathy of McAnly, Asher and Associates,
Inc.
COMMENTS: For a complete record of the proceedings reader is
directed to the tape recording of this meeting,
located in the Office of the Clerk to the Board, 5th
Floor, Building "F" , Collier County, Government
Complex.
MOTION: Made by Mr. Hermanson, seconded by Mr. Saadeh and
carried 5/1 with Mr. Branan opposed, to approve
Commercial Excavation Permit No. 59. 462, "Silver
Lakes" with stipulations.
STIPULATIONS:
Water Management:
1. The excavation shall be limited to a bottom
elevation of -17. 0 feet NGVD. All disturbed areas
proposed for lake excavation shall be excavated to
a minimum elevation of -4 . 5 NGVD.
2 . No excavated material shall be removed from the
project site.
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ENVIRONMENTAL ADVISORY BOARD FEBRUARY 3 , 1993
3 . The lake littoral zone shall be created and
planted as indicated on the Littoral Zone Creation
Program with the provision that all plantings
shall be done prior to excavation completion and
acceptance of the lakes (as opposed to as part of
landscaping as indicated in Goal #2) . The bond
shall be held for three (3) years to ensure eighty
percent (80%) survivability.
4. The water quality monitoring program shall be
implemented, as submitted.
5. Stockpiling shall be limited to those areas as
shown on the plan. Modifications to stockpile
locations may be allowed subject to resolution of
the Collier County Building Code restrictions, the
Deltona Settlement restrictions, the issuance of
the construction plans for Phase II and
re-submittal of modified plans.
6. Should Lake #1 not be completed as shown on the
plans, revised plans shall be submitted and Lake
#1 excavated so that it meets the minimum size and
width requirements of the ordinance.
7. An excavation permit for Lake #2 and the remaining
portion of Lake #1 shall be issued prior to any
excavation. Submission of all information
required by Ordinance No. 92-73, Division 3.5 for
commercial excavations shall be submitted, however
the permit shall be issued without submission to
the Environmental Advisory Board or the Board of
County Commissioners. The permit shall be issued
with a depth consistent with a commercial
excavation, however no fill may be taken off-site.
8. An over-excavation fee shall be paid for the
material removed in Lake #1 Development
Excavation, beyond the permitted depth of -9. 0
feet NGVD. A surveyor's or engineer's certified
estimate of the volume of material shall be
submitted and a fee of $1. 00/cy of material (per
Resolution 92-265) shall be paid prior to issuance
of the commercial excavation permit for Lake #3
and the first portion of Lake #1.
9 . All provisions of Collier County Ordinance No.
92-73, Division 3 . 5 shall be adhered to.
******
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ENVIRONMENTAL ADVISORY BOARD FEBRUARY 3 , 1993
PETITION NO: PUD-92-9, "Immokalee Road Center"
FILED BY/FOR: Johnson Engineering, Inc. , representing J. D.
Nicewonder, Jr.
REQUESTING: The petitioner proposes to rezone 11. 5 acres of land
into a planned unit development (PUD) .
REPRESENTED BY: Carl Brutt (Engineer) and Ken Passarella
(Ecologist) , Johnson Engineering, Inc.
COMMENTS: For a complete record of the proceedings reader is
directed to the tape recording of this meeting,
located in the Office of the Clerk to the Board, 5th
Floor, Building "F" , Collier County, Government
Complex.
MOTION: Made by Mr. Worsham, seconded by Mr. Saadeh and
carried 6/0, to approve Petition PUD-92-9, "Immokalee
Road Center" with modified stipulations.
STIPULATIONS:
Water Management:
1. Prior to final construction plans approval,
petitioner shall provide evidence that he has the
right to discharge into the existing ditch which
is located between the project and the Airport
Road Canal.
2 . An analysis on the capacity of the entire length
of existing ditch shall be provided. If any
improvements are needed to handle the runoff
generated by the project, these improvements shall
be made by the petitioner.
3 . Prior to final construction plans approval, a
South Florida Water Management District Surface
Water Management Permit shall be obtained, since
Collier County does not permit water management
systems using wetlands.
4. Section 4 .7 of the PUD document shall be replaced
by the above stipulations.
Environmental:
1. The petitioner shall mitigate for the loss of
wetland as proposed in the Wetland Mitigation Plan
dated November 1992, revised January 1993, by:
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ENVIRONMENTAL ADVISORY BOARD FEBRUARY 3 , 1993
a) Creating a .3 acre herbaceous pond; b) creating a
. 7 acre cypress wetland; c) restoring 1.5 acres
cypress wetland and d) donating 9 acres of
off-site cypress wetlands to Corkscrew Regional
Ecosystem Watershed Trust.
All the above shall be completed prior to the
issuance of any certificate of occupancy of the
site.
2 . A gopher tortoise relocation plan shall be
submitted and approved by Project Plan Review
prior to final construction plan approval. Said
plan shall also be reviewed and approved by the
Florida Game and Fresh Water Fish Commission.
Relocation shall occur prior to the
pre-construction meeting.
3 . Cypress trees shall be transplanted from the
impacted area, using a tree spade, to the areas of
recreation, restoration, or preservation.
4. Oak trees on site shall be retained if they fall
in any landscape area or can be incorporated into
tree islands within the parking lot.
5. Royal palms on site shall be transplanted into
areas of landscaping or retention (or shall be
offered for off site transplantation prior to any
site alterations) .
6. Mulch, seed source and plantings from the existing
temporary pond on site shall be used to supplement
the creation and enhancement of the herbaceous
wetland pond.
7 . The proposed preserve shall be placed under a
perpetual conservation easement similar to or as
per F. S. Chapter 704 . 06 in favor of Collier
County.
******
PETITION NO: Preliminary Site Development Plan SDP-90-74A,
"Capri Cove Docking Facilities"
FILED BY/FOR: Debbie Orshefsky, Esquire and R & L Development of
Marco, Inc.
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ENVIRONMENTAL ADVISORY BOARD FEBRUARY 3 , 1993
REQUESTING: Preliminary 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. 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 review has been completed.
******
OLD BUSINESS:
Item: Update on Exemption Certificate, EC-92-1
Comments: Kimberly Polen updated the EAB members on the status
of EC-92-1.
******
Item: Update on Excavation Permit 59 . 224 , "Swamp Buggy Days"
Comments: July Adarmes updated the EAB members on the status of
Excavation permit 59 . 224 .
******
There being no further business, the meeting was adjourned by
order of the Chair.
Environmental Advisory Board
George H. Hermanson, Chairman
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