EAC Agenda 09/07/1994 COLLIER COUNTY
ENVIRONMENTAL ADVISORY BOARD AGENDA
SEPTEMBER 7, 1994; 9 : 00 a.m.
COMMISSION BOARDROOM, THIRD FLOOR--BUILDING "F"
I. ROLL CALL
II. APPROVAL OF MINUTES--August 3 , 1994
III. ADDENDA
IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA
V. REGULAR AGENDA
A. Commercial Excavation Permit No. 59 . 512
"Sherwood Park Lakes A, B, C & D"
Section 34 , Township 49 South, Range 26 East
Collier County, Florida
VI. OLD BUSINESS
A. Review letter from Chairman to Ken Cuyler, County
Attorney.
B. Summary Report prepared by Tom Kuck, P. E. , Senior
Project Manager of Project Review Services concerning
petition CU-94-13 , "Bonita Bay East Golf Club"
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 September 5, 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.
***********************************************************************
MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: September 7, 1994
TIME: 9 : 00 A.M.
PLACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center, Naples, Florida
EAB STAFF PRESENT
Hermanson Absent Kuck
Hinchcliff Excused Absence Burgeson
Neale Absent Seal X
Saadeh X Lenberger
Straton X Reischl X
Wilkison X Mulhere X
Foley X Chrzanowski X
MINUTES BY: Fred Reischl, Environmental Specialist II
CALLED TO ORDER AT: 9 : 00 a.m. ADJOURNED AT: 9 : 11 a.m.
PRESIDING: Michel Saadeh, Chairman
ADDENDA TO THE AGENDA: NONE
APPROVAL OF MINUTES: August 3 , 1994
Motion made by Ms. Straton, seconded by Mr. Wilkison and
carried 4/0, to approve minutes of August 3 , 1994 .
It is noted Ms. Straton will be absent at the October meeting.
Page 1
ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 7 , 1994
******
PETITION NO: Commercial Excavation Permit No. 59 . 512
"Sherwood Park Lakes A, B, C & D"
FILED BY/FOR: John F. Madajewski, P.E. ; Madajewski Engineering for
Sherwood Park Joint Venture
REQUESTING: A Commercial Excavation has been applied for solely
for the purpose of removing excess excavated
material from the site. Maximum lake depth allowed
will remain at twelve feet (12 ' ) that depth
permitted for a Development Excavation.
REPRESENTED BY: John F. Madajewski, P.E. ; Madajewski Engineering
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. Foley, seconded by Ms. Straton and
carried 4/0 , to approve Commercial Excavation Permit
No. 59.512 with Staff's stipulations.
STIPULATIONS:
Water Management:
1. The excavation shall be limited to a bottom
elevation of -1. 0 ft. NGVD. All disturbed areas
proposed for lake excavation shall be excavated to
a minimum elevation of +1.5 ft. NGVD.
2 . Off-site removal of material shall be subject to
"Standard Conditions" imposed by the
Transportation Services Division in document dated
5/24/88 (copy attached) .
3 . The lake littoral zone shall be created and
planted as indicated on the Plan of Record.
4. In order to ensure a minimum eighty percent (80%)
coverage of littoral zone planting areas, a
performance guarantee, based on a cost estimate to
replace the original installed littoral zone
plans, will be required upon completion and
acceptance of the excavation (LDC 3 .5.7 .2 .5) .
Page 2
ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 7 , 1994
5. All provisions of Collier County Ordinance No.
92-73, Division 3. 5 shall be adhered to.
6. Where groundwater is proposed to be pumped during
the excavating operation, a Dewatering Permit
shall be obtained from the South Florida Water
Management District (SFWMD) , a copy provided to
Project Plan Review for approval prior to the
commencement of any dewatering activity on the
site.
7. No blasting will be permitted unless issued a
separate permit by Collier County Project Plan
Review.
8. If trees are to be removed as a result of the
excavation operation, a Vegetation Removal Permit
required by Collier County Land Development Code
Division 3.9, shall be obtained from Collier
County Current Planning Section before work shall
commence.
9 . A twenty foot (20' ) maintenance easement shall be
provided around the perimeter of the lake and a
twenty foot (20' ) access easement to it shall be
provided. The easement shall be accessible to all
maintenance vehicles.
10. This excavation permit shall allow off-site
hauling for a period of five years after which all
excavated material shall remain on-site.
11. No excavation permit shall be issued until road
impact fees have been paid.
12 . No excavation permit shall be issued for Lake "D"
prior to final approval of improvement plans for
Sherwood Park Phase II and payment of a
development excavation permit application fee.
Environmental:
The stipulations included in the approval of Petition
PSP-94-9 are unchanged. No additional stipulations.
******
OLD BUSINESS:
ITEM: Review letter from Chairman to Ken Cuyler, County
Attorney.
Page 3
ENVIRONMENTAL ADVISORY BOARD SEPTEMBER 7 , 1994
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 Ms. Straton, seconded by Mr. Foley and
carried 4/0, to forward letter as written to Ken
Cuyler, County Attorney.
******
ITEM: Summary Report prepared by Tom Kuck, P. E. , Senior
Project Manager of Project Review Services concerning
petition CU-94-13 , "Bonita Bay East Golf Club"
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.
Board requested Engineering Staff to update Board
concerning Stockpile Ordinance at October meeting.
MOTION: Made by Ms. Straton, seconded by Mr. Wilkison and
carried 4/0, to request Staff to provide memo with
full documentation at the October meeting.
******
There being no further business, the meeting was adjourned by
order of the Chair.
Environmental Advisory Board
Michel Saadeh, Chairman
Page 4
COMMUNITY DEVELOPMENT SERVICES DIVISION
PROJECT PLAN REVIEW SECTION
MEMORANDUM
TO: EAB Members
FROM: Tom Kuck, P.E.
Senior Project Manager
DATE: September 7, 1994
RE: Summary Report - CU-94-13 , Bonita Bay East Golf Club
SUBJECT:
Petition No: CU-94-13
Petition Name: Bonita Bay East Golf Club
Applicant Developer: Bonita Bay Properties, Inc.
Engineering Consultant: Wilson, Miller, Barton & Peek, Inc.
Environmental Consultant: Wilson, Miller, Barton & Peek, Inc.
The subject petition was reviewed and approved by the
Environmental Advisory Board (EAB) at its August 3 , 1994 meeting.
During the discussion of this item, the question was raised on
whether or not this project's water management plan would be
reviewed by the EAB. It was the consensus of the EAB, the
Petitioner and County Staff that Staff would prepare a response to
the water management issue at the next EAB meeting.
Currently the Land Development Code (LDC) does not require water
management plans for a conditional use petition to be reviewed by
the EAB. Engineering (Project Plan Review) reviews the water
management plans conceptually to assure that the project will be
able to meet the County's water management requirements. A more
detailed review occurs when the project is submitted for
earthmining and/or site development plan review. Normally the
detailed water management plan, would not come back for review by
the EAB unless the conditional use petition is either a commercial
excavation or the EAB requests a final review of the water
management plan.
This particular petition may or may not fall under the category of
a commercial excavation. The petitioner is currently negotiating
with Florida Rock, Inc. to take the surplus rock from their lake
excavations. If this should occur, the surplus material would be
transported across the common property line and be processed for
commercial use by Florida Rock Inc. Under this circumstance,
Collier County would require the payment of Road Impact Fees paid
in advance for all material provided to Florida Rock Inc. since
this material would eventually be transported over County roads.
If an agreement between Florida Rock Inc. and the Petitioner does
not occur, the Petitioner has stated that all material will stay
on site.
EAB Members
Summary Report CU-94-13
September 7 , 1994
Page 2
Attached for your information are copies of the correspondence
received from the Petitioner's engineer which provides a synopsis
of the projects water management plan. Staff has reviewed this
conceptual plan and it appears to comply with the County's LDC
water management requirements. In the event that the Board feels
that this information is not sufficient and/or wishes to review
the final water management plan, it can be scheduled as a future
agenda item.
TEK/ew/doc:
Attachment
cc: EAB Binder
Steve Gunden, Wilson, Miller, Barton & Peek, Inc.
•
• i4=V_ `•.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Conceptual/Construction Surface Water Management Per-mit
APPLICATION & SURFACE WATER MANAGEMENT REPORT
for
Bonita Bay East Golf Course
•
PREPARED FOR:
Bonita Bay Properties, Inc.
• 3451 Bonita Bay Blvd., S.W.
Bonita Springs, Florida 33923
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite 200
Naples, Florida 33942
•
June 15, 1994
•
•
Work Order 15946
•
6/14/94-06950015.MRS
•
PURPOSE:
The purpose of this report is to request a conceptual/construction approval of the project's
surface water management system. The project's surface water management system will serve
984± acres of golf course development. We are requesting conceptual approval for the
clubhouse and maintenance facility. We are requesting construction approval for the remaining
improvements including 36 holes of golf course, entrance road, gate house, rest shelters, and
backbone water surface management system.
BACKGROUND:
The property which is the subject of this report referred to herein as Bonita Bay East Golf
Course is proposed to be a 984± acre golf course development. The project does not have an
existing SFWMD surface water management permit.
EXISTING FACILITIES:
The project is located within the Cocohatchee River Canal sub-basin which is part of the large
watershed basin referred to on the Collier County Drainage Atlas (May 1990) as the
Cocohatchee River Basin. The sub-basin consists of the borrow canal excavated along the north
side of CR-846, Immokalee Road, and the land immediately adjacent to the borrow canal. The
sub-basin consists of approximately 75 square miles of agricultural, residential, recreational, and
undeveloped land use areas.
Presently, the project generally consists of undeveloped pine upland, pine-cypress wetland,
pasture, and fallow agricultural areas. The project is zoned Agricultural, (A). The project is
bordered on the south by SR 846, Immokalee Road, right-of-way, on the north, east and west
by undeveloped uplands and wetlands zoned Agricultural, (A). Also, a Florida Rock Industries,
Inc. rock quarry is contiguous to the project's southwestern property boundary.
Pre-development surface water flow patterns consist of overland flow from the northeast to
southwest. Presently, the Cocohatchee River Canal, borrow canal, located along the project's
southern property boundary serves as the receiving waters. The Cocohatchee River Canal.
ultimately outfalls into the Gulf of Mexico. Off-site flow enters the project via overland flow
from the north. Existing surface water management facilities located on-site include agricultural
swales, ditches, and miscellaneous corrugated metal culverts.
6/14/94-06950015.M RS 2
COMMUNITY DEVELOPMENT SERVICES DIVISION
CURRENT PLANNING SECTION
MEMORANDUM
TO: Environmental Advisory Board
(EAB)
FROM: Thomas E. Kuck, P. E.
Senior Project Manager
DATE: September 26, 1994
RE: Collier County Stockpile and Abandoned Construction
Ordinance
This is in response to your request at last month' s EAB meeting to
provide a status report on the County' s proposed "Stockpile and
Abandoned Construction" ordinance. (copy attached)
This proposed ordinance was presented to the Board of County
Commissioners (BCC) at the September 12 , 1994 meeting. As a
result of discussions and comments on this item, Staff was
directed to workshop the proposed ordinance with the Development
Services Advisory Committee and to make revisions as recommended
by the BCC and Committee. The revised ordinance will be
resubmitted to the BCC in late October or early November.
TEK/ew/doc: 8009
Attachment
cc: EAB Binder
Chrono File
l
„ ORDINANCE NO. 94-
KCOLLIER COUNTY STOCKPILE AND
ABANDONED CONSTRUCTION ORDINANCE
';? s ;: 5-3 AN ORDINANCE PROVIDING FOR REGULATION OF STOCKPILED
��,,�. '�' ' �' MATERIALS AND ABANDONED CONSTRUCTION; PROVIDING
'' . s �IT i FINDINGS AND PURPOSE; PROVIDING DEFINITIONS; PRO-
•c 4 f •x VIDING SAFETY MEASURES; PROVIDING ENFORCEMENT AND
`} ,, ,,g2 3' PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY;
rSTa 42, � AND PROVIDING AN EFFECTIVE DATE.
t.
▪ .:'� .▪ � _ ,�Y WHEREAS, Section 125.01, Florida Statutes, provides that
/1!:,,,.41',1:1'..--1;_,:- .-.:.'z-.-1-1.a".
,4.-itF,. -` ' ; counties shall have the power to establish business, building
-,re; x, , ,_ and housing related regulations which are necessary for the
protection of the public, and
, WHEREAS, the Board of County Commissioners of Collier
A.': County, Florida, finds that the stockpiling of materials poses
- a danger of significant harm to the public when safety devices
c:▪tn rin,-, 5
::. }_�= - : are not installed or inadequate or unsafe protective barriers
a,'` ,�e -- • 1 are installed; and
`sr;q s� 1'. ¢ WHEREAS, abandoned construction sites pose a danger of
415a. ,- - s- significant harm to the public; and
ry ��-2 r WHEREAS, the Board of CountyCommissioners of Collier
-
w . � County, Florida, finds it necessary to regulate stockpiled
ar-Z�T -'���t�w
•
-.�;A1 171?- '' t' .I.i materials and abandoned construction sites in the interest of
�a r▪ s i public safety;
yam,.S,� '�"r � NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
'- ,* a y COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
g.g S▪ ti x 7- SECTION ONE: FINDINGS AND PURPOSE
,c.�oS„�y �.+'-FBF i ', t
,;� f i, „4. The Board of County Commissioners of Collier County,
• 'sem
f Florida, (hereinafter the "Board") does hereby make the
y -r
* . -t � following findings:
j -K - y -
'- 1. Unprotected excavations pose a significant threat of
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~,:--.7,i,..:011::,.. .-3,:--- ,-.;:,-:..:,, Y� 't harm to the public including, but not limited to, the loss of
r ;'
life, personal injury and damage to property.
'"- s
rti
�.c � Y 2. Stockpiles, as defined in this Ordinance, existing on
^ '' i -�ys _ �, property which are not part of a right of way project or which
fi▪ ,f,tivi' ; � =sem exist on property beyond seven days pose a significant threat
, `= � %^4- to the public in that theyattract children and could result in
•:,•'•1-=.-::-.. .!-,,--,::!!-:,:, -,-:=-- ;e: loss of life or personal injury to children.
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3. Abandoned construction poses a significant threat of
+ _ harm to the public in that it attracts persons which could
; result in loss of life or personal injury to those persons, as
J,j" . -t' well as damage to property.
• ;; tis SECTION TWO: DEFINITIONS
00;1-7-1
, .rz- For the purpose of this Ordinance, the following defini-
` tions shall apply: .
1. "Stockpile" means rock, sand, boulders, cinders,
' •
� stone, or dirt piled more than 6' high.
2. "Owner" means any person, agent, firm, corporation,
business entity or other entity having legal or equitable
interest in the property.
3. "Abandoned Construction" means any structure,
' including swimming pools, that has not been issued a Certifi-
�ti cate of Completion or a Certificate of Occupancy and does not
7. have a valid construction permit associated with it.
4. "Active Construction Site" means any construction
site associated with a valid building permit, site development
plan and shall have weekly progressive construction activity or
' '; � ri IL. other approved site specific work authorization. Weekly
• progressive construction shall include but shall not be limited
h r
to the following:
a. The delivery of construction material or
equipment to be used in conjunction with said project.
' $ b. Receiving and passing a Collier county building
inspection.
` • - c. Visible progressive alteration that corresponds
with the permitted plan.
• J d. Receiving final inspections and obtaining a
Certificate of Completion or a Certificate of Occupancy.
SECTION THREE: SAFETY MEASURES AT CONSTRUCTION SITES REQUIRED.
%` f 1. All excavated areas or trenches shall be backfilled
immediately after work is completed. However, where a hole or
} trench is left open at the end of production for a valid con-
struction reason, the entire perimeter of the open hole or
• ? 1€(6
,! SEP 1 3 1994
- 2 - Pg. 3
/ .
•, ,, trench shall be protected by barricades, fence, signs, lights
::-----1.,,-;: -..--,-,-,,-,:
_, , P 1, or other devices.
4-
i
i ,T:P r-� 2:``- 1 2. It shall be unlawful for any owner to allow a stock-
,
4;k4OW. - pile within 1000 feet of a residential area, unless a chain
rr2 -S xti _ link fence at least 6 feet high, or other barrier of equal or
- ..t -: 3.04,,,, ,z.7. 41
�_ ,,r- ; 4s greater restriction which has been approved by the building
AY,
4.
}•"`-^ +,�" '`�```P' official is provided completely around the stockpile.
ii1
,�� ; T Exceptions: The following are exempt from this sub-
�`} ''F :ter 4 • 74
-. 1 ,E x = section.
a. Right of way work.
b. A stockpile in existence for less than seven
days, mining operations, agricultural operations and industrial
. uses.
ti _
c. Active construction sites.
r
' s;F-Y _;s^ d. Stockpiles with a slope no greater than 4 to 1.
�� . e : 3. Abandoned construction must be protected by a tempo-
• D.r1_,,,- > ,,Z; fir,;
<, E rary chain link fence at least 6 feet high completely around
such abandoned construction. All windows and door openings in
2 • � abandoned construction shall be secured to prevent ingress to
y _
K!J J�YS�����-
,' te the structure.
I SECTION FOUR: ENFORCEMENT AND PENALTIES
▪ .;'▪ '. ; ,--_>:-.; :,,t_ 3 1. If any owner fails or refuses to obey or comply with
,tit r� ` or violates any of the provisions of this Ordinance, such owner
{rsT.a T- upon conviction of such offense, shall be guilty of a misde-
meanor and shall be punished by a fine not to exceed Five
Hundred Dollars ($500.00) or by imprisonment not to exceed
Sixty (60) days in the County jail, or both, in the discretion
of the Court. Each violation or non-compliance shall be con-
Y sidered a separate and distinct offense. Further, each day of
continued violation or non-compliance shall be considered as a
, = s separate offense.
-
Y 4 7
2. Nothing herein contained shall prevent or restrict
'k�-a the County from taking such other lawful action in any court of
, G_ •
rx �r ""=•r � ' competent jurisdiction as is necessary to prevent or remedy any
violation or non-compliance. Such other lawfulmirtior
=h-21.1
No.- � � J
} SEP 1-3 1994
- - 3 - Pg / —
include, but shall not be limited to, an equitable action for
r ,R may; i*.s.• injunctive relief or an action at law for damages.
r
i �, �,-._ 3. Further, nothing in this Section shall be construed
e _ Z 'j
,. ma =y -es :-,.�j to prohibit the County from prosecuting any violation of this
. '- Ordinance by means of a Code Enforcement Board established
z -ti ;' pursuant to the authority of Chapter 162, Florida Statutes, or
„ . a Contractors' Licensing Board established pursuant to Chapter
� _r
s 3.2 489, Florida Statutes.
4. All remedies and penalties provided for in this
Sectio:, shall be cumulative and independently available to the
County and the County shall be authorized to pursue any and all
= remedies set forth in this Section to the full extent allowed
by law.
SECTION FIVE: CONFLICT AND SEVERABILITY
In the event this ordinance conflicts with any other
• lis Y ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of this
=r ' ordinance is held invalid or unconstitutional by any court of
--
competent jurisdiction, such portion shall be deemed a
a separate, distinct and independent provision and such holding
i" w shall not affect the validity of the remaining portions.
SECTION SIS: EFFECTIVE DATE
Ordinance shall become effective 90 days after receipt of
notice from the Secretary of State that this Ordinance has been
filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County
;
_ Commissioners of Collier County, Florida, this day of
- , 1994.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
TIMOTHY J. CONSTANTINE
Chairman
ZF: Approved as to form and -
legal sufficiency:
AGE T
Richard D. Y6vanovich
- ,,`:
• Assistant County Attorney SEP n"n4
- 4 - Pg