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EAC Agenda 04/13/1994 COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AGENDA APRIL 13, 1994; 9: 00 a.m. COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F" I. ROLL CALL II. APPROVAL OF MINUTES--March 2 , 1994 III. ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA V. REGULAR AGENDA A. Rezone Petition No. R-94-1 "Sam Colding Rezone" Sections 13 & 24 , Township 53 South, Range 53 East Collier County, Florida B. Preliminary Subdivision Plat Petition No. PSP-94-2 "Pine Air Lakes" Section 11, Township 49 South, Range 25 East Collier County, Florida C. Preliminary Subdivision Plat Petition No. PSP-93-7 "Waterways at Orangetree" Section 14 , Township 48 South, Range 27 East Collier County, Florida VI. OLD BUSINESS 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 April 11, 1994, 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. *********************************************************************** REVISED 4/14/94 MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: March 2 , 1994 TIME: 9 : 00 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAB STAFF PRESENT Hermanson X Adarmes X Hinchcliff X Burgeson Neale Arrived 9 : 03 Keene X Saadeh X Lenberger X Straton X Reischl X Wilkison X Seal Foley X Gibson X MINUTES BY: Fred Reischl, Environmental Specialist II CALLED TO ORDER AT: 9: 02 a.m. ADJOURNED AT: 10: 40 a.m. PRESIDING: Michel Saadeh, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES: January 5, 1994 Motion by Ms. Straton, seconded by Mr. Wilkison to approve the minutes of January 5, 1994, carried 6/0. Page 1 ENVIRONMENTAL ADVISORY BOARD March 2 , 1994 ****** PETITION NO: Conditional Use Petition No. CU-94-2 and Commercial Excavation Permit No. 59 . 499 "APAC - Earthmining Section 20" FILED BY/FOR: APAC - Florida, Inc. REQUESTING: The proposed use is for the expansion of an existing earthmining operation (Warren Brothers PUD) . Approximately five hundred sixty-two (562) acres of the site are proposed as the envelope for excavation activities. The remaining one hundred eighteen (118) acres will be in conservation/mitigation areas (91. 7 acres) , buffer and setbacks (17 . 3 acres) and adjoining parcels zoned estates (3 .7 acres) and agricultural (5. 3 acres) . REPRESENTED BY: George Varnadoe, Esquire, of Young, van Assenderp, Varnadoe and Benton; Stephen A. Means, P.E. , Wilson, Miller, Barton and Peek, Inc. ; and Ken Passarella of Kevin L. Erwin Consulting Ecologist, Inc. COMMENTS: The following nine citizens registered to speak, concerning this petition: Steve Bellman, Chris Capetti, Jane Hypell, Lamar Egbert, Len Rice, Joyce Davis, Rich Humberger, Christine Somoza and Janice Applegate. 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. Wilkison and carried 7/0, to approve Petition CU-94-2/Commercial Excavation Permit No. 59.499 with modified stipulations. STIPULATIONS: Water Management: 1. A copy of South Florida Water Management District Permit or Early Work Permit (with staff report) or Florida Department of Environmental Protection Permit whichever is applicable is required prior to excavation permit issuance. Page 2 ENVIRONMENTAL ADVISORY BOARD March 2 , 1994 2 . An additional soil boring to fifty-one feet (51' ) below existing grade with a geotechnical engineer's classification and core samples shall be provided to the County Pollution Control Department prior to the Board of County Commissioner's hearing for maximum permitted depth determination. 3. The lake littoral zone shall be created and planted as indicated on the Plan of Record. No vegetation other than that approved for planting shall be used in the littoral zone. 4. All provisions of Collier County Ordinance No. 92-73, Division 3.5 shall be adhered to. 5. No dewatering shall be allowed for the excavation activities. 6. No blasting will be permitted unless issued a separate permit by Collier County Project Plan Review. 7. Off-site removal of material shall be subject to "Standard Conditions" imposed by the Transportation Services Division in document dated 5/24/88 (attached) . 8. No Excavation Permit shall be issued until the road impact fees have been paid. 9. Prior to the excavation permit issuance, a cost estimate of the installed cost of the littoral plantings shall be provided in accordance with Section 3.5.7.2 .5 of the Land Development Code. Environmental: 1. Permits or letters of exemption from the U.S. Army Corps of Engineers, Florida Department of Environmental Protection, South Florida Water Management District and Florida Game and Fresh Water Fish Commission gopher tortoise relocation permit shall be submitted prior to issuance of excavation permit. 2 . All conservation/mitigation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704. 06 of the Florida Statutes. Page 3 ENVIRONMENTAL ADVISORY BOARD March 2 , 1994 In the event the project does not require platting, all conservation/mitigation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statues. The tracts or easements shall be indicated on all future site plans noting Official Record Book and Page of the public records. 3. Buffer zones which extend at least fifteen (15) feet landward from the edge of wetland preserves in all places and average twenty-five (25) feet from the landward edge of wetland preserves shall be required. 4. Prior to issuance of excavation permit, the petitioner shall submit a mitigation plan to Project Plan Review Environmental Staff for review and approval. The plan shall include, at minimum, mitigation ratios, areas to be re-vegetated, methods of re-vegetation and timetables for evaluation of success criteria. 5. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the preservation areas, shall be submitted to Project Plan Review Environmental Staff for review and approval prior to issuance of excavation permit. 6. If during the course of site clearing, excavation, or other construction activities, an archaeological or historic site, artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and subject to the procedures in Section 2 .2 .25, Collier County Land Development Code. 7. An agricultural clearing permit for the site shall be issued pursuant to Division 3 . 9 Collier County Land Development Code. ****** NEW BUSINESS: ITEM: New Member - Blair A. Foley ****** Page 4 ENVIRONMENTAL ADVISORY BOARD March 2, 1994 ITEM: Recommendation for Land Development Code Amendment, Section 2 . 2 . 24 . 8 . COMMENTS: Language provided to EAB in packets was correct. MOTION: Made by Mr. Neale, seconded by Mr. Hermanson and carried 7/0, to recommend this amendment of Section 2 . 2 .24 . 8 of the Land Development Code (See attachment) to the Collier County Planning Commission and Collier County Board of County Commissioners during the next amendment cycle. ****** ITEM: Requirements concerning noise and air pollution of the Environmental Impact Statement (EIS) . COMMENTS: Discussion of why these items were noted as not applicable on the EIS for "APAC - Earthmining Section 20" . EAB members were in agreement and requested Staff to examine these and other EIS requirements and possibly make recommendation to amend these requirements during the next Land Development Code amendment cycle. ****** There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board Michel Saadeh, Chairman Page 5 Item V.A. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF APRIL 13 , 1994 I. NAME OF PETITIONER/PROJECT: Petition No. : R-94-1 Petition Name: Sam Colding Rezone Applicant/Developer: Sam J. and Joyce F. Colding Engineering Consultant: James N. Wilkison, P.L. S, Wilkison and Associates, Inc. Environmental Consultant: Dr. Neno J. Spagna, AICP, Florida Urban Institute, Inc. II. LOCATION: Located on Plantation Parkway along the north end of Plantation Island in Sections 13 and 24, Township 53 South, Range 29 East, Collier County, Florida. III. PROJECT DESCRIPTION: The petitioner proposes to rezone approximately 1. 27 acres of land from A-ACSC/ST to MH-ACSC/ST in Plantation Island, Florida. Plan of Record: Water Management and Environmental: Site survey prepared by James N. Wilkison, P.L. S. , dated August 12, 1993, with one revision on February 7, 1994 . IV. STAFF COMMENTS: Water Management: The existing site elevation ranges from 3 . 0' - 4 . 5' NGVD with an average of 3 . 6' NGVD. The site appears to have been created by the placement of spoil from the adjacent canal system. The property is currently unimproved. Environmental: A site inspection was conducted on February 16, 1994 by Stephen Lenberger, County Environmental Staff. The property involved has been previously altered and was created during filling operations performed in the 1950s when Plantation Island was created. The parcel is surrounded on three sides by canals and to the west by an identical piece of property also zoned A-ACSC/ST. EAB Meeting 4/13/94 R-94-1 Page 2 Vegetation on site is mostly exotic and dominated by Brazilian pepper (Schinus terebinthifolius) , guava (Psidium quajava) , guinea grass (Panicum maximum) and roadside grasses. Other vegetation included salt bush (Baccharis spp. ) , seashore paspalum (Paspalum distichum) , sedges (Cyperus sp. ) , sweet broom (Scoparia dulcis) , Spanish needles (Bidens alba) , gray nicker bean (Caesalpinia bonduc) , cissus vine (Cissus sp. ) , Virginia creeper (Parthenocissus quinquefolia) and (Cassia coluteoides) . Mangroves are also present on site along the edge of the canals. All three species of mangroves (red, black and white) and buttonwood (Conocarpus erecta) were included. V. RECOMMENDATIONS: Staff recommends approval of rezone petition no. R-94-1, "Sam Colding Rezone" with the following stipulations: Water Management: 1. In accordance with the rules and regulations of South Florida Water Management District and Collier County, this project shall be designed for water quality treatment prior to discharge. If the South Florida Water Management District (SFWMD) , claims jurisdiction on-site, a Surface Water Management Permit, issued by SFWMD, shall be provided prior to final site development plan approval. Environmental: 1. Upon approval, this rezone is subject to a forty-five (45) day appeal period by the Florida Department of Community Affairs pursuant to Chapter 9J-1 of the Florida Statutes. PREPAR BY: 7t E'.--2 Y/?V Be u E. Keene, 4/&',e 31/.E. Dat Senior Engineer ;ljaa,i___;/4 lLt�' I/,/' l /y7 Stephen Lenberger Date Environmental Specialist II REVIEWED BY: July C. Adarmes, P.E.' Date Technical Services Supervisor Item V.B. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF APRIL 13 , 1994 I. NAME OF PETITIONER/PROJECT: Petition No. : Preliminary Subdivision Plat, PSP-94-2 Petition Name: "Pine Air Lakes" Applicant/Developer: Naples Associates Ltd. , Partnership Engineering Consultant: Michael Kennedy, Wilson, Miller, Barton & Peek, Inc. Environmental Consultant: Environmental Management Systems II. LOCATION: Section 11, Township 49 South, Range 25 East; bounded on the east by Airport Road, on the south by developed commercial properties and on the west and north by Pine Ridge Industrial Park. III. PROJECT DESCRIPTION: The parcel is zoned planned unit development (Pine Air Lakes PUD) which allows retail and office commercial development. Plan of Record: Water Management/Environmental: Pine Air Lakes Preliminary Subdivision Plat "Site Plan" prepared by Wilson, Miller, Barton & Peek, Inc. , dated March 14 , 1994 one revision. IV. STAFF COMMENTS: Water Management: Pine Air Lakes consists of 149. 0 acres of retail and office commercial development. An area of 1.8 acres of cypress head and 1.9 acres of perimeter drainage easements serving adjacent Pine Ridge Industrial Park have been excluded from the water management system. The Pine Air Lakes water management system consists of five interconnected lakes which will provide water quality treatment for the remaining 145. 3 acres Pine Air Lakes site, along with 29 acres of the Pine Ridge Industrial Park, to the north and approximately 0.9 acres of the off-site Edgewood Drive. EAB Meeting 4/13/94 PSP-94-2 , "Pine Air Lakes" Page 2 Surface runoff is conveyed to the lakes through catch basins and culvert systems. The downstream discharge is controlled by two structures having a control elevation of 8 . 7 feet NGVD. Discharge from these structures is into the Airport Road Canal after passing through two existing pipes under Airport Road. The discharge from Pine Air Lakes after development is completed will be limited to 0. 06 cfs/acre or 10. 51 cfs. Environmental: The parcel has been the site of current and past agricultural uses, including field crops and pasturing. Exotic vegetation has invaded some areas. A portion of a cypress head lies along the south central property line. The petitioner proposes no impacts to this jurisdictional wetland. The planned unit development document indicates no parking, outside displays, signs or structures within twenty-five feet (25' ) of the preserve. An environmental impact statement waiver was requested in September 1983 . A letter approving the request was not found in the file, but field notes and the approval by the Environmental Advisory Council indicate that a waiver was appropriate. V. RECOMMENDATIONS: Staff recommends approval of Preliminary Subdivision Plat Petition PSP-94-2 "Pine Air Lakes" with the following stipulations: Water Management: 1. The allowable discharge rate from Pine Air Lakes may be increased if, prior to final site development plan approval, an analysis is submitted demonstrating that a discharge rate greater than 0. 06 cfs/acre (pursuant to Collier County Ordinance No. 90-10) will not affect the capacity of the Airport Road Canal. If capacity is affected the developer will make modifications to the canal. Proper permits from applicable agencies shall be obtained to that affect. 2 . A Big Cypress Basin (South Florida Water Management District) right-of-way permit, allowing the project's discharge into the Airport Road Canal, shall be provided prior to final site development plan approval or construction plan approval as applicable. 3 . Exception to the required one hundred foot (100' ) lake setback requirement shall be requested in writing prior to final site development plan approval or construction plan approval as applicable. EAB Meeting 4/13/94 PSP-94-2 , "Pine Air Lakes" Page 3 4 . Side and rear lot lake setbacks must be a minimum of fifty feet (50' ) from lake top of bank. A reduction in this setback must be requested in writing prior to final site development plan approval or construction plan approval as applicable and may be allowed with perimeter fencing. 5. A copy of South Florida Water Management District permit with staff report is required prior to final site development plan approval or construction plan approval as applicable. 6. An excavation permit will be required for the proposed lakes in accordance with Division 3 . 5 of the Collier County Land Development Code and South Florida Water Management District rules. Environmental: 1. The wetland preserve area shall be surveyed prior to plat approval. Protective covenants for the preserve shall be indicated and recorded on the plat. Adjacent lots shall be subject to the setbacks described in Collier County Land Development Code Section 3 . 2 . 8 .4 . 7 . 2 . Per the Pine Air Lake PUD document no parking, outside displays, signs or structures will be allowed within twenty-five feet (25' ) of the preserve. PREPARED : : 4,/-9/9 0�CuC- li24 gq St= -e =�: 1 Date Senior En. neer c 3�aV/9 Fresschl Date Envi • . ental Specialist II REVIEWER BY: 3/ Y/67 9JulAdarmes, P.E. Date T nical Services Supervisor Item V.C. ENVIRONMENTAL ADVISORY BOARD STAFF REPORT MEETING OF APRIL 13 , 1994 I. NAME OF PETITIONER/PROJECT: Petition No. : PSP-93-7 Petition Name: "Waterways of Orangetree" Applicant/Developer: Naples Orangetree Limited Engineering Consultant: Steve Means, Wilson, Miller, Barton & Peek, Inc. Environmental Consultant: Jack Abney, Wilson, Miller, Barton & Peek, Inc. II. LOCATION: Section 14, Township 48 South, Range 27 East; bounded by Golden Gate Estates lots to the north, undeveloped portions of the Orangetree PUD to the east, developed portions of the Orangetree PUD to the south and Golden Gate Estates lots to the west. III. PROJECT DESCRIPTION: The subject property is a 332 acre parcel which has been previously farmed. Lake excavation has begun on this property and an approval was granted to continue work on the second lake. Currently a portion of the property has been mowed and is used for grazing cattle. Plan of Record: Water Management: "Preliminary Subdivision Plat for Waterways of Orangetree" prepared by Wilson, Miller, Barton & Peek, Inc. Sheet 3 of 6, dated November 29, 1993 , two revisions. Environmental: "Preliminary Subdivision Plat for Waterways of Orangetree" prepared by Wilson, Miller, Barton & Peek, Inc. , dated November 29, 1993 as revised. EAB Meeting 4/13/1994 PSP-93-7, "Waterways at Orangetree" Page 2 IV. STAFF COMMENTS: Water Management: The proposed project is located within the South Florida Water Management District Sub Basin No. 1 as permitted under Orangetree Master Conceptual Surface Water Management Permit No. 11-00. 418-S. Four interconnected lakes will provide water quality treatment for the project. Surface water runoff will be conveyed to the lakes through catch basins and culvert systems. Lake 1-1 and 1-2 have received commercial excavation permits and are near completion. Lake 1-3 is under review for a commercial excavation permit. Lake 1-4 has not been submitted for permit review. Final discharge for this project will be through an approved canal in the northeast corner of the site. Environmental: The subject property is a previously farmed pasture which is currently being used to graze cattle. The pasture has recently been mowed and is mostly upland grass and herbacious material, with scattered pines and palmetto. The area is conducive to burrowing owl activity and has a history of active burrows within the boundary of the preliminary subdivision plat. Staff conducted a site visit on January 6, 1994 with Mrs. Kimberly Dryden from the Florida Game and Freshwater Fish Commission (FGFWFC) and Mr. Craig Schmittler of Wilson, Miller, Barton & Peek, Inc. Four burrowing owl burrows were observed along the easternmost portion of the property, east of the north-south running canal. One of those burrows was active; no owls were observed utilizing the remaining three burrows. The active burrow is located approximately 400 feet southeast of Lake 1-3 and within the proposed footprint of Lake 1-4 . A detailed survey was done in the immediate vicinity of Lake 1-3 to determine if owl burrows from the previous year still existed. No evidence of any burrows was seen. Since this area was recently mowed and is currently grazed by cattle, it was recommended that this lake excavation begin as soon as possible to pre-empt burrowing owls from beginning to use this area for nesting. As required by the Collier County Land Development Code Staff is obligated to seek technical assistance specifically regarding the known presence of burrowing owls on this site. Staff has incorporated the recommendations of the local Florida Game and EAB Meeting 4/13/1994 PSP-93-7, "Waterways at Orangetree" Page 3 Fresh Water Fish Commission staff (Mrs. Kimberly Dryden) and at the petitioner's request has contacted Mr. Brian Millsap, Bureau Chief, Division of Wildlife for FGFWFC. Mr. Millsap reviewed the project information and Mrs. Dryden's recommendations and as the State expert on burrowing owls, he concurs with her recommendations for this project. V. RECOMMENDATIONS: Staff recommends approval of of Preliminary Subdivision Plat Petition No. PSP-93-7 , "Waterways at Orangetree" with the following stipulations: Water Management: 1. Lake setbacks of less than 100 feet from street rights-of-way require approval of Development Services Director. Setback calculations shall be submitted prior to final construction plan approval. 2 . A copy of South Florida Water Management District Permit Modification is required prior to final site development plan approval. Environmental: 1. The petitioner should proceed as soon as possible with Lake 1-3 excavation to pre-empt burrowing owl attraction to the site that may result from recently introduced grazing activities. 2 . Prior to the final plat and construction plan approval the following shall be completed (as recommended in Florida Game and Fresh Water Fish Commission letter of technical assistance dated 1/13/94) . a. The applicant shall monitor for burrowing owls during the nesting season (generally February 15 to July 10) to document active nesting territories and actual nesting dates. The applicant shall submit a short report documenting the nesting locations and dates of breeding behavior. b. Based on this survey information the applicant should plan future development in proximity to the burrows for construction outside the nesting season. The applicant should coordinate and obtain approval for the planned dates of these activities with Collier County Environmental Staff and Florida Game and Fresh Water Fish Commission Punta Gorda office of Environmental Services. EAB Meeting 4/13/1994 PSP-93-7, "Waterways at Orangetree" Page 4 c. Impacts to nesting owls resulting from heavy construction activities may differ from the home construction activities outlined in the referenced guidelines. Larger buffer requirements may be necessary if heavy construction activities occur within the burrowing owl nesting season. Therefore, should any construction be proposed within mile of active burrowing owl nests, the applicant should contact Collier County Environmental Staff and the Punta Gorda Office of Environmental Services for buffer recommendations. Should the petitioner propose any activities prior to having completed the aforementioned surveys and conditions the petitioner shall contact Florida Game and Fresh Water Fish Commission and Project Plan Review Environmental Staff. Proposed activities shall be in conformance with the recommendations of Florida Game and Fresh Water Fish Commission and Collier County Project Plan Review. Recommended buffers are as follows: a) Ten foot (10' ) radius around burrows located on single family home lots. b) One hundred foot (100' ) buffer in conjunction with infrastructure construction. c) Two hundred foot (200' ) buffer in conjunction with lake excavation and blasting. PREPARED BY: / 1P4( / 3130 144 Ste Dat Senior Engineer 706-4.)(064_._ \--13 3 c' y Barbara S. Burgesoh Date Environmental Specialist II REVIEWED BY: JulY C. Adarmes P.E. Date Technical Services Supervisor COMMUNITY DEVELOPMENT SERVICES DIVISION PROJECT PLAN REVIEW SECTION MEMORANDUM TO: EAB Members Project Plan Review Staff FROM: Earlene M. Weber Secretary iI �' DATE: March 4 , 1994 RE: April EAB Meeting I have been advised by Sue Buck, County Manager's Office that the Board Room will not be available on April 6, 1994 for your normal EAB meeting (see attached memo) . Therefore, the April EAB meeting has been rescheduled for April 13 , 1994 , in the Board Room, Building F. If you have any questions, please call me at (813) 643-8470. ew/doc:7094 cc: Richard R. Clark, Acting Administrator Community Development Services Division Wayne Arnold, Acting Director Site Development Review Bob Mulhere, Acting Manager Current Planning Cecelia Martin, Planning Technician EAB Binder Chrono File INTEROFFICE MEMORANDUM Date: 03-Mar-1994 02 : 23pm ES From: Sue Buck BUCK_S Dept: County Manager' s Offic Tel No: 774-8383 TO: Earlene Weber ( WEBER_E ) Subject: EAB Meeting Earlene - The BCC has decided to have Budget meetings on April 6, from 9 to noon. I show that the EAB was scheduled to have a meeting in the Board Room at that time. Unfortunately, the BCC gets priority, therefore the EAB will need to re-schedule their meeting. If you have any questions, please call me at x8383 . Sue Buck