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EAC Agenda 02/01/1989 ENVIRONMENTAL ADVISORY COUNCIL AGENDA February 1, 1989 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. PU-88-27C: Herbert Rosser Savage, representing Florida Properties and Development, Inc. ; requesting a provisional use "i" of the C-4 zoning classification for a motel. V. OLD BUSINESS VI. PUBLIC HEARINGS A. DRI-88-1C: Alan Reynolds, of Wilson, Miller, Barton, Soll, and Peek, Inc. , representing Stephen Tavilla, ; requesting development approval of "Regency Village of Naples" , a mixed-use Development of Regional Impact. VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify Environmental Resource Management (774-8454) no later than 5 P.M. on Monday January 30, 1989, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. Please refer to notice on first floor, Building F, for the location of the E.A.C. meeting. C. Items added after agenda was sent out. D. No action since last Council meeting. E. On January 7, 1987 the E.A.C. adopted a policy that any person addressing the E.A.C. on behalf of any organization must present a letter from said organization acknowledging them as a representative empowered to make policy related comments on that subject. ************************************************************* PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** *********** ********** ************************************************************* r-� MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: January 18 , 1989 TIME: 9 : 00 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center , Naples, Florida EAC STAFF PRESENT ADDISON X BURCH X KURGIS X KOOPMAN X NEALE X STEVENS X SNYDER X TURRELL X MINUTES BY: Maureen Kenyon, Deputy Clerk CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 9 : 30 A.M. PRESIDING: Sharon Kurgis ADDENDA TO THE AGENDA: Items added by Mr . Burch and Ms. Kurgis. APPROVAL OF MINUTES: December 21, 1988 and January 4 , 1989 Page 1 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 18 , 1989 ITEM: MINUTES OF DECEMBER 21, 1988 AND JANUARY 4, 1989 MEETING MOTION: Made by Dr. Snyder to approve the minutes of December 21, 1988, as presented. Seconded by Ms. Kurgis. Carried unanimously. MOTION: Made by Dr. Snyder to approve the minutes of January 4, 1989, as presented. Seconded by Mr. Turrell. Carried unanimously. PETITION NO. R-88-26C FILED BY/FOR: Edward J. Thompkins, representing the Country Club of Naples, Inc. REQUESTING: A zoning change from RSF-3 to GC for a golf course and accessory structures MOTION: No Action as this is Proposed Administrative Approval. PETITION NO. PU-88-28C FILED BY/FOR: Diana L. and Anthony J. Gualario REQUESTING: Provisional Use "e" of Estates zoning for an Adult Congregate Living Facility (ACLF) . REPRESENTED BY: Diana L. Gualario COMMENTS: Mrs. Gualario stated that the proposed resi- dence is for 24 senior citizens , adding that it is a large house and will be in conformity with the rest of the neighborhood. She stated that only a small portion of the property will be used and the back section will be left in its natural state. Environmental Specialist Stevens stated that this is a 2. 27 acre piece of land in Golden Page 2 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 18 , 1989 Gate Estates on the north side of 6th Avenue S .W. that intersects with Livingston Road, north of Pine Ridge Road. She stated that the site supports a pine flatwoods habitat with an understory dominated by palmetto, adding that slash pines range in size from saplings to mature trees of up to 8 inches in diameter . She reported that the canopy across the site remains fairly open and small areas of dense palmetto growth are found in the south half of the site, but the palmetto is only scattered elsewhere. She stated that the understory and shrub layer vegetation includes infrequent dahoon holly, red bay, wax myrtle, hogplum, and rusty lyonia and the groundcover across the site is made up of various grass species , fox grape, and greenbriar . She noted that a few small melaleuca trees were noted on site. She reported that the parcel is typical of the Estate lots in this neighborhood and it is unlikely that the site would fall under the wetlands jurisdiction of the U. S. Army Corps of Engineers because of the upland charac- teristics in the area. She concluded by stating that Staff is recommending approval subject to the four standard stipulations . Dr . Snyder questioned if the Petitioner would have to have a tree removal permit to clear the back section of the property at a future time, to which Ms. Stevens replied affir- matively as it is a provisional use and the stipulation is attached. Chief Environmental Specialist Burch stated that he is not sure if a tree removal permit would be necessary as Ordinance 75-21 normally exempts residential homes in the Estates . After general discussion, it was indicated that a separate stipulation could be attached that would state that any alteration of the back half of the property would require a tree removal permit subject to the NRMD review. MOTION: Made by Mr. Neale to recommend approval of Petition PU-88-28C sub'ect to the stisulations listed below. Seconded by Dr. Snyder. Carried unanimously. Page 3 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 18 , 1989 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 vege- tation 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, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60o native plants, by number , including trees, shrubs, and ground cover . At least 60% of the trees, 60% of the shrubs , and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover . For example, the use of 70o native trees could allow the use of only 50o native ground cover . This plan shall 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 characteristics 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 pre- serve areas . Following site development, a main- tenance program shall be implemented to prevent reinvasion of the site by such exotic species . This plan, which will describe control techniques and inspection 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, excavation, or other constructional activities, an archaeologi- Page 4 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 18 , 1989 cal or historical site, artifact, or other indicator is discovered, all development 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 salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5 . Petitioners shall file another application should they wish to modify the landscaping in the back por- tion of the property at any future time. PETITION NO. PU-88-29C FILED BY/FOR: David Sneed of Kuhlman Engineering, Inc. representing Jon Breau REQUESTING: Provisional Use "a" of C-4 zoning for a car wash. REPRESENTED BY: David Sneed of Kuhlman Engineering COMMENTS: Mr . David Sneed, representing Mr . Breau, stated that the purpose of this petition is to allow for the construction of a car wash facility which is allowed under the current zoning with a provisional use. He noted that the property is on the southeast Trail next to the Phillips 66 station and Naples Manor . He noted that the property abuts Floridian Road and Tamiami Trail. He indicated that his client would like to put in a car wash as there are no such facilities in this area . Environmental Specialist Stevens stated that this is a half-acre parcel which supports a pine/palmetto flatwoods, although only 15-20 slash pines with diameters of up to 10 inches are found on the parcel. She stated that the Page 5 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 18, 1989 shrub layer is dominated by saw palmetto with encroaching exotics of melaleuca and Brazilian pepper . She indicated that there are scat- 1 tered cabbage palms found among the pines and Fox grape grows throughout most of the parcel . She stated that proximity of the subject pro- perty has encouraged the growth of exotics and primary invader species on the site. She indicated that the Petitioner should make every effort to preserve some of the remaining large pines on the parcel , although in this case, the proposed use of the site may not be compatible with habitat preservation. She concluded by stating that Staff is recom- mending approval subject to the standard four stipulations. Mr . Addison questioned if any pines will be left on the property, to which Mr . Sneed stated that if there are pines they will be in the back portion of the property due to the fact that a car wash facility does not go well with pine trees. Mr . Sneed indicated that he will try to keep most of the trees in the back portion of the property except for those that will have to be removed because of drainage or septic tank areas. Ms. Stevens indicated that her department issues the tree removal permit and the trees that can be left will be flagged by her department. In answer to Ms. Kurgis, Mr . Sneed indicated that he does not have any problems with the stipulations. MOTION: Made by Mr. Addison to recommend approval of Petition PU-88-29C sub'ect to the st •ulations listed below. Seconded by Mr. Turrell. Carried unanimously. 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 .-. Page 6 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 18 , 1989 phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vege- tation 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, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number , including trees, shrubs, and ground cover . At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species . At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover . For example, the use of 70% native trees could allow the use of only 50% native ground cover . This plan shall 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 characteristics 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 pre- serve areas. Following site development, a main- tenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection 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, excavation, or other constructional activities, an archaeologi- cal or historical site, artifact, or other indicator is discovered, all development 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 ''� Page 7 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 18, 1989 assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities . ***** ADDENDA ITEM: '1ST,' AREAS COMMENT: Chief Environmental Specialist Burch stated that Staff has generally reviewed petitions with regard to "ST" if they were small in nature, but there are some petitions that are coming in that have been controversial and he feels that it may be a good idea for the EAC to review some of these petitions even if they are small. He stated that he would like the EAC members to review the ordinance regarding "ST" areas and then give him direction with regards to review of these matters on a site by site basis or only on petitions that are a certain size. ITEM: STIPULATION #2 COMMENTS: Mr . Burch indicated that he simply wanted to point out to the EAC members that the new Stipulation #2 has been included with the other three stipulations. Mr . Addison questioned if the County provides any type of information to applicants regarding the variety and types of plants that can be used in landscaping, to which Mr . Burch stated that his department has flyers and information available to the public. He noted that he would be glad to attach information to tree removal permits when people come in for an application. ITEM: ORDINANCE 86-41 COMMENTS: Ms. Kurgis stated that in Section 9 of Ordinance 86-41 , it indicates that on January 1, 1987, each board shall be reviewed and the chairperson shall submit a report to the County Manager setting forth certain information that is required under the ordi- Page 8 ^ ENVIRONMENTAL ADVISORY COUNCIL JANUARY 18, 1989 nance. She questioned if this has been done in the past? Dr . Snyder stated that the last page of the ordi- nance indicates that the EAC will not be reviewed until 1990 . ITEM: ELECTION OF CHAIRMAN AND VICE-CHAIRMAN MOTION: Made by Mr. Neale to elect Ms. Kurgis as Chairman and Dr. Snyder as Vice-Chairman. Seconded by Mr. Turrell. Carried unanimously. ***** There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COUNCIL Sharon Kurgis, Chairman Page 9 MEMORANDUM TO: Jim Burch FROM: Keith Edwards( i) DATE: January 17, 1989 RE: Petition PU-88-27C; Herbert Rosser Savage, representing Florida Properties and Development , Inc . ; requesting a provisional use " i " of the C-4 zoning classification for a motel . The petitioner requests a provisional use for the construction of a 12 unit motel with an associated restaurant . The parcel is a square 0.76 acre site located on the south side of First Street on Marco Island . The parcel is bordered to the north by First Street , to the west by C-4 zoned land , and to the south and east by RSF-4 land (R26E, T52S, S9) . A site visit was conducted on 17 January by Keith Edwards (ERM) . The parcel has been cleared in the past . It consists vegetatively of a mowed graminoid field with three slash pines (Pinus elliottii var . densa) (4-6" DBH) scattered through the site. South of the parcel is an abandoned burrow pit pond . Vegetation consists entirely of cattails (Iy ha spp . ) . Several common gallinules (Gallinula chloropus) and American coots (Fulica americana) were spotted utilizing the open water patches of the pond . Petitioner is planning to have a retention area on the south side of the parcel to prevent runoff from entering the pond . ERM administratively approves petition PU-88-27C subject to standard stipulations 1 and 4 as adopted by EAC on 4/1/87, and standard stipulation 2 as adopted on 12/7/98. a ENVIRONMENTAL RESOURCES STAFF REPORT FOR EAC MEETING 2/1/89 Petition: DRI-88-1C: Alan Reynolds, of Wilson, Miller , Barton, Soli , and Peek , Inc . , representing Stephen Tavilla, requesting development approval of "Regency Village of Naples" , a mixed-use Development of Regional Impact. Considerations: This petition was approved by the county as a PUD (Regency Village of Naples) on October 15, 1985, by Ordinance 85-61 . The EAC heard the PUD petition (R-85-13C) on August 7, 1985 (minutes attached) . The State' s Development of Regional Impact (DRI ) thresholds have changed since this PUD approval , in particular in regards to hotel/motel uses. Since the threshold changes, the project has been designated as a DRI , and the Southwest Florida Regional Planning Council has requested that the petition be reviewed as such by the county. No changes have been made to the originally approved development proposal and conceptual plans for the property. The subject property is a 200-acre parcel located on the northwest corner of the intersection of Immokalee Road and I-75 (S 18, 19, T48S, R26E) . The site extends along 1-75 for 6700 /"'N feet, and along Immokalee Road for about 1500 feet. The Carlton Lakes PUD (Ord. 88-56, currently undeveloped) is located to the west of the subject property, and undeveloped agriculturally- zoned land remains to the north of the site. Land uses proposed (and approved by the county in 1985) include 67 acres of residential tracts (single and multi-family) , 30 acres of commercial tracts (hotel/motel , offices, and general use) , and 103 acres of recreation/open space ( 18-hole golf course, conservation areas, lakes) . A total of 680 units will be constructed on the property, and the average density of the development will be 3.4 units/acre. Some portions of the site were inspected by Andrea Stevens (Environmental Resources Staff) on January 23, 1989. The habitats on site have been assessed and mapped by the petitioner ' s environmental consultant, and as such, were reviewed by the County Environmental Staff (Dr. Ed Proffitt) in 1985. The minutes of the August 7, 1985 EAC meeting provide a description of the habitats on site, as well as information on the proposed uses. Recommendations: One of the environmental stipulations attached to the 1985 PUD agreement states that hole #5 of the golf course shall be approved at the discretion of the Natural Resources Management Department (NRMD) . Golf course holes #5 and #17 traverse Staff Report DRI-88-1 EAC Meeting 2/1/89 Page 2 conservation areas (cypress/pine habitats) . It is recommended that boardwalks be constructed in these two crossover areas, to maintain water flow through the preserved wetlands. In addition, it is recommended that a red-cockaded woodpecker (Picoides borealis, federally endangered, and threatened in the State of Florida) survey be conducted on the subject property. Just south of the site, on a 40-acre parcel on the southwest corner of the intersection of Immokalee Road and I- 75, three red-cockaded woodpecker cavity trees have recently been located. As a precautionary measure, a survey of the subject property, which includes areas of red-cockaded woodpecker nesting and foraging habitat, would be advisable. The Environmental Resources Staff recommends approval of petition DRI-88-1 subject to the following stipulations: 1-4. Standard Stipulations 1 , 3, and 4, as adopted by the EAC on 4/1/87, and Standard Stipulation 2, as adopted by the EAC on 12/7/88. 5. As provided in County Ordinance 75-21 (Sec. Two:6.A) , a red- cockaded woodpecker survey of the subject property shall be completed by an environmental professional . A report summarizing the survey methods and results shall be subject to the review and approval of the County Environmental Staff and the Florida Game and Freshwater Fish Commission. A Tree Removal Permit (Ordinance 75-21 ) for the property shall not be considered until the survey has been approved by these agencies. Prepared HY:_/ / _ /_ �� Date: / � 'ZG'8q lit A. Reviewed By: ati.,,,, Date-_ f09 _ 1