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EAC Agenda 03/21/1990 ENVIRONMENTAL ADVISORY COUNCIL AGENDA March 21, 1990 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. PDA-90-2 : George Vega, Esquire of Vega, Brown, Stanley and Martin representing Frank Cardillo, Constance Cardillo and Stuart Kaye; requesting a PUD Amendment to Princess Park. 2 . Petition PDA-90-1: William R. Vines, AICP of Vines and Associates, Inc. , representing Ashley M. Papineau, Partner Tollgate Commercial Center, a Florida General Partnership; requesting a PUD Amendment to "Tollgate Commerce Center PUD" . 3 . Petition PU-90-5: William C. McAnly of William C. McAnly and Associates P. A. , representing Prestige Performance Imports, Inc. ; requesting a provisional use of "g" of C-4 for a used car lot. V. OLD BUSINESS VI. PUBLIC HEARINGS A. R-89-32 : Michael R. Dombrowski of Coastal Engineering Consultants, Inc. , representing Tempustech, Inc. ; requesting a zoning change from A-2 to RMF-6. B. R-89-22/PU-89-18: Kris A. Dane, P.E. of Coastal Engineering Consultants, Inc. , representing Tempustech, Inc. ; requesting a zoning change from A-2 to RO and a provisional use b,m, & n of RO for marina, boat ramp, restaurant, clubs and private yacht club. C. R-90-5: Harvey Strauss, P.E. of Alpha Engineering of Lee County, Inc. , representing John D. Jassy; requesting a zoning change from A-2 to PUD, "Arbor Lake Club PUD" . VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify PLANNING SERVICES (Environmental Review) (643-8470) no later than 5 P.M. on Monday March 19, 1990, 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. ********** *********** ********** ************************************************************* 4 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: February 28 , 1990 TIME: 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT ADDISON X ADAIR X NEALE X WORSHAM X SNYDER X POLEN X TURRELL X LLANO X MINUTES BY: Elinor M. Skinner, Recording Secretary CALLED TO ORDER AT : 8 : 45 A.M. ADJOURNED: 10 : 50 A.M. PRESIDING : Dr. Snyder, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES : None Page 1 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 ITEM: New Member Introduction COMMENTS: Dr. Snyder welcomed Mr . Llano as a new EAC member. *** PETITION: PDA-89-13 COMMENTS: Short discussion on this petition. Consensus to approve this petition as administratively approved. *** PETITION: PU-89-25 COMMENTS: Following short discussion, this petition was agreed to be administratively approved. *** PETITION: PU-89-26 COMMENTS: Following short discussion, consensus of members was to agree that this petition be administratively approved. *** PETITION: PU-90-3 FILED BY/FOR: A.A. Reeves of Florida Cities Water Company, repre- senting Robert A. Billings and Sally Billings REQUESTING: Provisional use "b" of Section 8 . 10 ( "E" Estates) zoning for essential services - water storage tank. REPRESENTED BY: Mr. James Elder COMMENTS: Mr. James Elder, Engineering Construction Manager with Florida Cities Water Company, explained that this petition is requested in order to build a water storage tank so that there will be an increase in line pressure and provide better fire protection for the Golden Gate area. Ms. Worsham stated she felt comfortable with the field location of the water tank and concrete pads and said that the petitioner has aligned the struc- ture so as to disturb the least amount of trees on the site. Page 2 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 In response to Dr . Snyder, Mr. Elder said that the rear of the lot will remain uncleared and would require further action to allow tree removal . SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr. Neale to recommend approval of Petition PU-90-3 with the staff stipulations. Seconded by Mr. Addison. Carried unanimously. STIPULATIONS: 1 . Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of native habitat) . Petitioner shall also comply with Ordinance No. 89-51 and Collier County Comprehensive Plan Policy 6. 4. 7 . 2 . Petitioner shall comply with the tree clearing Ordinance No. 75-21 and exotic removal Ordinance No. 89-53 . 3 . Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (use of native spe- cies in landscaping) . sss PETITION NO. : PU-89-22 FILED BY/FOR: Terrance L. Kepple of Bruce Green and Associates, Inc . , representing Jeff and Cynthia Zwerin REQUESTING: A provisional use "3a" of C-3 zoning for indoor recreation (bowling alley) . REPRESENTED BY: Terrance L. Kepple COMMENTS: Mr. Terrance Kepple, representing the petitioner, explained that this request is for a provisional use for indoor recreation on existing C-3 commer- cially zoned property in order to construct a bowling alley. He described the elevation of the property as ranging from 16 feet to 7-1/2 feet and even lower to 2 feet and said that the site will have to be totally leveled. He agreed with staff recommendations and has no objection to them. He Page 3 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 requested clarification of Stipulation 1 regarding compliance with Ordinances 89-58 and 89-51 only from the standpoint of not precluding the peti- tioner from utilizing the site as proposed. Ms. Worsham said that the project will utilize almost the entire site and a section may be able to be saved consisting of 25 feet of native vegetation and the petitioner will preserve what is not under the footprint of the building or parking lot . Mr . Kepple agreed that where possible the vegeta- tion will be retained. In response to Mr . Turrell , Ms. Worsham stated that this project is not subject to the 25% retention of native vegetation. Ms. Polen said that the sti- pulation reads "and appropriate amount for commer- cial use" . Mr. Turrell expressed his desire to see the 25% rule used since this is a nice natural habitat in a pristine area surrounding Barfield Bay. Mr. Kepple stated that probably 1/3 will be covered with the building and parking lot on this 1-1/2 acre site. During the discussion regarding retention of natural vegetation, Mr. Kepple stated that the parking lot islands are not required for retention but placed to obtain interior landscaping areas and those could be moved or adjusted as needed. He pointed out that the final site plan has not been finalized. During the continued discussion regarding saving natural vegetation, Ms. Polen noted that the pro- perty at the rear of this project will be developed into single family homes, which Mr . Kepple said consist of 29 lots being developed as part of Deltona settlement agreement . In response to Dr . Snyder, Mr. Kepple stated that approximately the middle third of the property ranges in two to twelve inch oaks and he had seen four to five inch oaks. Mr. Neale said that there is about 11 ,000 square feet to develop and that it looked to him as though the petitioner had taken the path of least Page 4 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 resistance with regard to placement of the building. He said he would like to see the peti- tioner a little more sensitive with the plan than has been generated. He said there is nice oak habitat and palmetto habitat and it looks like there is very little consideration given to those habitats with the plan as it exists. He expressed the opinion that he would rather see a re-work of the plan to better utilize 11 ,000 square feet instead of adding more black top to the area. Mr. Kepple explained he has worked with some Collier County departments and that the Transportation Department has requested an addi- tional 15 foot right-of-way dedicated for future use and the petitioner will not be able to use that dedication for parking. Mr. Neale said that the petitioner has given no data on what will be done to preserve native habi- tat or planning for mitigation. He said he would like to see a plan that complies with the 25% rule. Mr. Kepple said if the parking lot islands are n moved around and reserved until the final site development plan, the owners would not have a problem with that but he did not know if the peti- tioner could comply with the 25% rule. Mr . Neale said that if the mangrove settlement is eliminated and only the balance of the property is considered, there should be adequate amounts to design in 25% native habitat and some vegetation could be preserved or transplanted to other spots. Mr. Kepple explained that the owners have no real objection and that the front area could be used to transplant and put in landscaping, adding the owners have talked about heavily landscaping that area and incorporating native vegetation. During the discussion regarding Mr . Neale' s suggestion to move the building further back, Mr. Kepple stated that the placement of the building now conforms with setback requirements. Ms. Polen brought up the subject of water manage- ment noting that to allow all the drainage to go forward may be devastating for the vegetation Page 5 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 there. Mr. Kepple stated that the overflow cannot be drained back due to the single family lots there. Mr. Turrell said his concern is that the intent of the ordinance is to preserve and this is truly a pristine system and he questioned whether the 25% rule should be forgotten with regard to this pro- ject . He suggested that 25% of scrub oak, palmetto and larger oak be worked into a revised site plan. Ms. Polen suggested that variances shall be sought as appropriate to try to retain this vegetation. In response to Mr. Kepple, Ms. Polen said that landscaping variances could be sought . SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr. Neale to recommend approval of Petition PU-89-22 with stipulations as noted on staff report plus stipulation 6 and 7 as discussed. Seconded by Mr. Addison. Carried unanimously. STIPULATIONS: 1 . Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of native habitat) . Petitioner shall also comply with Ordinance No. 89-51 and Collier County Comprehensive Plan Policy 6. 4.7 . 2 . Petitioner shall obtain and submit documentation of necessary local , state and federal permits in regard to the mangrove area. 3 . Petitioner shall comply with the tree clearing Ordinance No. 75-21 and exotic removal Ordinance No. 89-53. 4. In the event protected species nests or burrows are encountered during development activities, the Collier County Planning Services Environmental Review Staff shall be notified immediately and pro- ject design may be adjusted if warranted (Collier County Comprehensive Plan Policy 7 . 3 . 4. ) . 5 . Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (use of native spe- cies in landscaping) . Page 6 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 6 . Landscaping variances shall be sought as needed to achieve 25% native habitat including scrub oak, palmetto and larger oak to be included in the final revised site plan. 7 . Water Management design shall not negatively impact retained native habitat with intent not to flood retained habitat . *** PETITION NO. DRI-89-2 FILED BY/FOR: George L. Varnadoe of Young, Van Assenderp, Varnadoe and Benton, representing Cedar Bay Marina REQUESTING: Development approval for a dry storage marina. REPRESENTED BY: Mr . Alan Hoffaker and Mr . David Jones COMMENTS: Mr. Turrell submitted Form 4, Memorandum of Voting Conflict regarding this petition. Mr. David Jones, Project Planner, explained the location of the property under discussion as being a 3 . 6 acre parcel located at Elkcam Circle, Marco Island, Florida. He described the surrounding land use and stated this proposal is to construct a garage slip marina on the site. He said that the petitioner has worked with Environmental Services and Water Management personnel to be as sensitive as possible. He said that the bank will be stabi- lized and the plan is to have mangroves located between loading facilities and docks. He stressed this is a completely dry facility. He concurred with staff recommendations and reviewed them. With regard to stipulation 4, Mr . Jones requested adding the following words to the next to the last sentence "DER and applicant" . He said the peti- tioner is concerned about sitting down together in order to devise a better plan. Mr. Adair said he had no problem with the addition of the above words to stipulation 4, however, he pointed out that having three different agencies could result in slowing down the process of the petition. Page 7 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28 , 1990 Mr . Alan Hoffaker, representing the petitioner, explained the importance of maintaining water quality and the need for water analysis. Dr. Snyder suggested simply instead of saying design, in stipulation 4, approved design by appli- cant and submitted for approval by DER and Collier County to which Mr. Adair concurred. Mr . Neale expressed his opinion that this canal system does not flush very well , adding he is fami- liar with the area since his office is in an adja- cent plaza. He said there is much wild life and fish and he has seen manatees there. He said his biggest concern is regarding oil and gas spills and additional discharge. Mr. Jones stated that as part of the ADA commit- ment, the petitioner has committed to containment and clean up on site and there is ground water monitoring facilities and all are in the ADA which he did not describe due to keeping his presentation brief . He explained the water management program that has been designed so that no water enters the canal until it goes through a treatment process. Mr. Hoffaker spoke of the studies currently under- way to use rainwater off the roof by putting it in a cistern and increase fresh water discharge into the canal . In response to Mr. Neale, Mr. Jones explained that the preliminary figures do not indicate any dredging will be needed, adding he wants to avoid having to obtain a dredge permit . With regard to requiring some sort of plan to cover the eventuality of a fuel spill , Mr. Adair com- mented that it was his understanding if there is not a problem it is not possible to require someone to create a solution. He said he was thinking of dissolved oxygen, oil and grease and perhaps heavy metal as possible problems due to spills. Mr. Jones explained that DER will require the peti- tioner to devise a monitoring program for the canal . Mr. Adair suggested some sort of phasing in of the operation of the marina sine the DER will give a Page 8 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 monitoring license but he said he has never seen a marina shut done after a license was given. Attorney Varnadoe stated his opinion that there probably would be a phased approach to the opera- tion of this marina and that the petitioner would have no opposition to this as long as it is tied to some number such as only beginning with 300 boats. Mr . Neale recommended phasing be considered and by the time the Board of County Commissioners receives this petitioner there would be a recommendation from DNR. He suggested a 300 boat limit for the first two years. Ms. Linda Douglas, representing her employer who is in the previously mentioned plaza, wanted to express concern for the manatee and the size of the project . She said water quality is an issue, also. She expressed concern that monitoring the water only on a quarterly basis did not seem enough to her. Dr. Snyder stated there is a manatee provision in the project and by phasing the project this might eliminate her concern with the size of the project . Mr. Gary Weinberg, real estate broker and area resident, expressed the concern that this project borders on one side by residentially zoned proper- ties. He said he was trying to envision the traf- fic such a project would generate with regard to canal use by boats, adding that the canal is very narrow in some parts. Mr. Jones said that the statistics from studies conducted show two to 3 percent usage in the winter and six to ten percent usage in summer. He said that the petitioner intends to post slow speed signs in the canal to try and curtail speed. He said he and Mr. Hoffaker were responsible for the manatee plan in the Caloosahatchee River and that in 20 months there has not been a single death to manatees. Mr. Neale said there are shallow spots in the canal and Mr . Jones said there would be an on-going main- tenance dredging program. Page 9 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 n Consensus was reached to have stipulation 7 referring to phasing the program with a 300 boat limit for the first two years. Attorney Anderson, representing the petitioner, asked to tie into this when the manatee program is finally adopted. Mr . Neale stated that the concerns are not just mana- tees and water quality. In response to Mr. Anderson, Mr. Neale said the the performance standards would be the appropriate state and local standards. Mr . Varnadoe stated that Collier County is required to have a manatee program by 1991 and this will tie into the two year provision mentioned with regard to limiting the number of boats. When Mr. Neale suggested proposing that the peti- tioner comply with regulations that are in effect at the end of the two years, Mr. Varnadoe objected to having the petitioner agree to parameters that are unknown. Consensus was reached to make the rules and regulations in effect at this point . '-• A discussion followed regarding the suggestion that the stipulation read no significant degradation of water quality with staff wanting to remove the word significant . Mr. Hoffaker contended that DER uses the words "significant degradation" , and he raised the question of determining who is responsible for the water degradation if it occurs. MOTION: Made by Mr. Addison to recommend approval of Petition DRI-89-2 subject to staff stipulations and stipulations 7 and 8 as discussed. Seconded by Mr. Neale. Carried 4/0, (Abstention by Mr. Turrell) . (Form 4 appended) . STIPULATIONS: 1 . Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance No. 89-53 (removal of exo- tic species) . 2 . Petitioner shall be subject to Ordinance No. 89-57 (use of native species in landscaping) . 3 . Pursuant to the Growth Management Plan, Goal 7 , Objective 7 . 2 , Policies 7 . 2 . 1 , 7 . 2 . 2 and 7 . 2 . 3 and Policy 11 . 1 . 5 , petitioner shall be subject to the Page 10 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 Manatee Protection Plan adopted by the County at the time of site development plan (SDP) review. 4 . Pursuant to the Growth Management Plan, Goal 2 ; Objective 2 . 2 , Policy 2 . 2 . 4 ; Objective 2 . 3 , Policies 2 . 3 . 1 and 2 . 3 . 6, petitioner shall be sub- ject to a water quality monitoring program and sedi- ment analysis design approved by applicant and submitted for approval by DER and Collier County. Water quality shall be evaluated using State water quality standards (403 . 061 F.S . ; F.A.C. 17-3 .051 , 17-3 .061 , 17-3 . 111 , and 17-3 . 121 ) . 5 . Petitioner shall submit additional information as requested by Planning Services Environmental Review Staff pursuant to the Environmental Impact Statement (EIS) Ordinance (Ordinance No. 77-66 as amended by Ordinance No. 89-52 ) . Such information shall include, but is not limited to, hydrological data and a benthic invertebrate study. 6 . Petitioner shall receive the necessary State and Federal authorization prior to development . 7 . Petitioner will comply with manatee education and protection requirements as specified in their ADA or as superseded by Collier County manatee protec- tion plan. 8 . This project will have a phased approach being limited to 300 boats over a two year period with a water quality monitoring system in place. *** ***RECESS: 10:20 A.M. - RECONVENED: 10:33 A.M.*** PETITION NO. R-90-3/PU-90-2/SMP-90-4 FILED BY/FOR: J. Gary Butler of Butler Engineering, Inc. repre- senting Immokalee Habitat for Humanity, Inc. REQUESTING: A zoning change from RMF-6 to RSF-5, a provisional use "d" of RMF-6 for Civic and Cultural Facility and Subdivision Master Plan approval for Mission Village. REPRESENTED BY: J. Gary Butler Page 11 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 COMMENTS: Mr. Butler stated the petitioner has no problems with the staff stipulations. Ms. Polen explained that under site description, second paragraph on page 1 of the staff report, she would like the last line to include willow, a sub- merged species. She stated that this site has been altered and she wants to state there are wet areas that will be used for water management . She said she wants to work with Mr. Butler who seems to be favorable to the idea during the tree clearing plan as the stipulation notes that the petitioner will make every reasonable attempt to preserve pines, oaks and snags on the site within rear yards and retention areas. She asked that the words "front yards" be included in that sentence. Mr. Butler agreed to this addition of this language. SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made Mr. Neale to recommend approval pproval of Petition R-90-3/PU-2/SMP-90-4 subject to staff stipulations and adding willows and front yards to stipulation 6. Seconded by Mr. Llano. Carried unanimously. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance 89-58 (preservation of native habitat) . 2 . Petitioner shall be subject to Ordinance No. 82-2 as amended by Ordinance 89-57 (use of native spe- cies in landscaping) . 3 . Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance 89-53 (removal of exotic species) . 4. Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12 . 1 . 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 5 . Petitioner shall obtain and submit documentation of all necessary local, state and federal permits. Page 12 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 28, 1990 6. The petitioner will make every reasonable attempt to preserve pines, oaks, snags and willows on the site, especially within the rear and front yards and retention areas. *** A discussion was held with consensus being that the next EAC meeting will be held on March 14, 1990. There being no further business, the meeting was adjourned by Order of the Chair. ENVIRONMENTAL ADVISORY COUNCIL Dr . James Snyder, Chairman n Page 13 PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 3/21/1990 Petition: PDA-90-2 : George Vega, Esquire of Vega, Brown, Stanley and Martin representing Frank Cardillo, Constance Cardillo and Stuart Kaye; requesting a PUD Amendment to Princess Park. Considerations: Petitioner requests a PUD Amendment to the 11. 3 acre Princess Park PUD, filed as rezone petition R-83-29 under the name of "Princess Park" , and approved April 24, 1984 as Ordinance No. 84-34 . Petitioner proposes to change video game usage from a prohibited use to a permitted use. Subject property is located on the east side of CR 31 (Airport-Pulling Road) , approximately one mile north of Pine Ridge Road, and is bounded on the north and east by Walden Oaks, on the south by a driving range (RO-PU) , and on the west by CR 31. The site has been substantially cleared during the construction of Princess Park. Little native vegetation or natural habitats remain on site. Recommendations: Since the site has been disturbed, Staff recommends administrative approval of Petition PDA-90-2 subject to the following stipulations: 1) Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of native habitat and tree removal permit) . 2) Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance No. 89-53 (removal of exotic species) . 3) Petitioner shall be subject to Ordinance No. 89-57 (use of native species in landscaping) . Staff Report PDA-90-2 EAC Meeting 3-21-90 Page 2 4) Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Project Review Services, Environmental Review Staff. PREPARED BY: ( ,& C� -. DATE: 3//2-k 717ef.'rey A. Adair Environmental Specialist I REVIEWED BY: i -1 . � /2 DATE: 3 /hZh® Eric Worsham Environmental Specialist II i REVIEWED BY: 44 DATE: 3 i 90 John Mada , ewski Project Review Services Manager Staff Reports, PDA-90-2 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 3/21/1990 Petition: Petition PDA-90-1: William R. Vines, AICP of Vines and Associates, Inc. , representing Ashley M. Papineau, Partner Tollgate Commercial Center, a Florida General Partnership; requesting a PUD Amendment to "Tollgate Commerce Center PUD" . Considerations: The property located on the southeastern corner of I-75 and SR-951, bounded on the south by SR 84, was approved as a PUD in 1984 . The triangular Tollgate site was formerly the broad entryway to the old Alligator Alley Toll booths, but is now a dead end road because of the construction of I-75. As a consequence of the functional change in SR 84 south of the Tollgate project, a portion of the extraordinarily wide SR 84 right-of-way was declared surplus by DOT, and was sold to the - adjoining Tollgate Commerce Center owners. This application has been filed for the purpose of adding 9 . 17 acres of former DOT right-of-way to the Tollgate Commerce Center PUD. The acreage to be added to the PUD is an existing cleared area. Minimal vegetation presently exists in this area. Therefore, the area has been impacted. Recommendations: Considering the above, staff administratively approves petition PDA-90-1. , PREPARED BY: 1i4r/'`-t?'711 7i?1 DATE: //7470 KIMBER POLEN ENVIRONMENTAL SPECIALIST I REVIEWED BY: 5-7,,,tiT .), (1 7;,r,11 :e,--- DATE: /?4O ERIC WORSHAM ENVIRONMENTAL SPECIALIST II 1 ' 5/ REVIEWED BY: i :� DATE: 9D,3 Z/ JOHN ' . MADAJ'WSKI PROJECT REVIEW SERVICES MANAGER PROJECT REVEIW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 3/21/1990 Petition: Petition PU-90-5: William C. McAnly of William C. McAnly and Associates P. A. , representing Prestige Performance Imports, Inc. ; requesting a provisional use of "g" of C-4 for a used car lot. Considerations: The subject property is located on the north side of U. S. 41, East Tamiami Trail and is approximately 140 feet east of Pineland Street, approximately 200 feet west of Shadowlawn Drive and approximately 175 feet south of Lois Avenue. The subject property, as well as all surrounding land, is currently zoned for commercial (C-4) uses. Prestige Performance Imports, Inc. currently offers their clients with minor automotive repair services. They are proposing a provisional use in C-4 zone to allow the display and sale of used cars. No vegetation of any kind presently exists in the area proposed for expansion. Therefore, this area has been completely impacted. Recommendations: Considering the above Staff recommends administrative approval of petition PU-90-5 subject to the following stipulations: a. Petitioner shall be subject to Section 8 . 30 of the Zoning Ordinance 82-2 (Landscaping requirements) . b. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . PREPARED BY: '44 / , / 4/ - DATE: VI/ ///(70 KIMBERLY/d7 POLEN ENVIRO AL SPECIALIST I REVIEWED BY: F.-L, DATE: //,;2/70 ERIC WORSHAM .ENVIRONMENTAL SPECIALIST II I fj' - r • '` Y (4,1(b4"4'REVIEWED BY. /eAte , DATE: 3/1.3 lib JOHN F. MADAJEWSKI PROJECT REVIEW SERVICES MANAGER PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 3/21/1990 Petition: R-89-32 : Michael R. Dombrowski of Coastal Engineering Consultants, Inc. , representing Tempustech, Inc. ; requesting a zoning change from A-2 to RMF-6. Considerations: The petitioner is requesting a rezone of a 1. 73 ± acre parcel along Bonita Beach Road from A-2 Agriculture Zoning District to RMF-6 Residential Multi-Family District. The allowable base density is three (3) dwelling units/acre in this area and is increased three (3) dwelling units/acre by applying the provision of residential infill for a total of six (6) dwelling units/acre. Bonita Beach Road bounds the subject property to the north, and on the other three sides are bordering on the waters of Barefoot Bay. The entrance of Lely Barefoot is approximately 350 feet to the west. The site has been previously cleared. There are several cabbage palms (Sabal palmetto) , red mangrove (Rhizophora mangle) , white mangrove (Laguncularia racemosa) , black mangrove (Avicennia germinans) , seagrape (Cocoloba uvifera) , sea ox-eye daisy (Borrichia frutescens) , and Australian pine (Casuarina sp. ) on site. Recommendations: Considering the above, staff recommends approval of petition R-89-32 subject to the following stipulations. 1. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 2 . Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . 3 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . Staff Report R-89-32 EAC Meeting 3-21-90 Page 2 4 . Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12 . 1. 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 5. In the event protected species nests or burrows are encountered during development activities, the Collier County Project Review Services, Environmental Review Staff shall be notified immediately and project design may be adjusted if warranted (Collier County Comprehensive Plan Policy 7. 3 .4) . 6. Prior to the preconstruction meeting petitioner shall obtain and submit documentation of all necessary local, state and federal permits. 7 . Petitioner shall retain naturally vegetated buffer zones which extend at least fifteen feet landward from the edge of the wetland in all places and average twenty-five (25) feet from the landward edge of the wetland (Collier County Comprehensive Plan, Objective 6.2 and associated policies) . 8. No net loss of viable wetlands shall occur due to shoreline hardening structures (e.g. , rip-rap, seawalls, groins, etc. ) shall be allowed (Collier County Comprehensive Plan, Objective 6.2 and associated policies) . 9. If any future docks are desired, petitioner shall satisfy all regulations concerning dock construction as mandated by Collier County Project Review Services, the Florida State Department of Natural Resources (DNR) , the Florida State Department of Environmental Regulation (DER) , and the U. S. Army Corps of Engineers (ACOE) . In addition, the length of the dock shall not extend beyond any existing docks in the vicinity. PREPARED BY: AC r(ef -_ � ��, DATE: � Kimber , , yT. Polen Environmental S ecialist I REVIEWED BY: _ ` (( / �-- DATE: _51/3 Eric Worsham Environmental Specialist II REVIEWED BY: ` DATE: A/1/.3 /46 John . Mad. jewski Project Rev/ew Services Manager PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 3/21/1990 Petition: R-89-22/PU-89-18: Kris A. Dane, P.E. of Coastal Engineering Consultants, Inc. , representing Tempustech, Inc. ; requesting a zoning change from A-2 to RO and a provisional use "b, m, and n" of RO for marina, boat ramp, restaurant, clubs and private yacht club. Considerations: Petitioner requests development approval for construction of a sixty (60) dry slip marina with twenty-six (26) wet slips, boat ramp, restaurant and private yacht club on a 2 .41 ± acre parcel. Subject property is located on Bonita Beach Road, north Naples, and is bounded on the south and west by Little Hickory Bay; on the east by property zoned commercial (C-4) ; and on the north by Bonita Beach Road. The proposed marina in close proximity to Wiggins Pass and the Gulf of Mexico and to Fish Trap Bay (Lee County) . Subject parcel has been previously cleared. There are several red mangrove (Rhizophora mangle) , white mangrove (Laguncularia racemosa) , black mangrove (Avicennia Germinans) , and Brazilian pepper (Schinus terebinthifolius) on site. On November 13 , 1989, an Environmental Impact Statement (EIS) waiver was granted by Staff Member, Kimberly Polen. This waiver does not preclude petitioner from addressing environmental concerns that may present themselves during the petition review, preliminary and final site development plan review process. On January 24, 1990, with Michael Dombrowski, staff addressed environmental concerns relating to water quality impacts and wildlife issues. Appendix I reflects the following concerns that must be addressed prior to continuance of staff's review. Staff Report R-89-22/PU-89-18 EAC Meeting 3/21/90 Page 2 On February 8, 1990 staff received a letter in response to the information requested by staff during the January 24 , 1990 meeting. The letter requests to postpone providing this information until the site development plan process. Most of this information will be required by the state and federal permitting agencies. Therefore, petitioner thinks this information should be provided to the County at that time. Environmental Concerns (SEE APPENDIX I) Substantial precautions should be taken to minimize the introduction of chemical pollutants into natural systems, from activities in the marina; runoff should be detained or diverted to a treatment facility as appropriate. The use of organic solvents should be minimized to help prevent air and water contamination. Heavy metal hull treatments should not be introduced into the marine system, even in small amounts; these chemicals may be toxic in concentrations of parts per trillion. Consideration should be made to monitor sediments for the presence of these chemicals and their derivatives. Some of the primary environmental concerns of this project are not associated with activities that may occur within the limits of the facility. The introduction of several hundred propeller driven craft into the marine system will produce physical alternations to the intertidal and near-shore subtidal habitats for miles surrounding the area. The far-reaching future effects of increased boat traffic should be given strong consideration in the planning of this facility. The perturbations on the systems will be some of the immediately apparent affects on the surrounding natural systems; less apparent, but ultimately more noteworthy, will be the decline in populations of more familiar inhabitnats of these areas. Benthic (bottom) communities, seagrass beds and mangrove estuaries are all important spawning and nursery grounds for many of the marine species in our area. Most (perhaps all) of our sport fish and commercially harvested fin fish and shell fish depend on one or more of these communities at some stage during their lifetimes. Limiting the function of these habitats will limit the numbers of these species and their availability to people. Staff Report R-89-22/PU-89-18 EAC Meeting 3/21/90 Page 3 Recommendations: Considering the above, staff recommends approval of petition R-89-22/PU-89-18 subject to the following stipulations. 1. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 2 . Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . 3 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 4 . Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12 . 1. 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 5. In the event protected species nests or burrows are encountered during development activities, the Collier County Project Review Services, Environmental Review Staff shall be notified immediately and project design may be adjusted if warranted (Collier County Comprehensive Plan Policy 7. 3 . 4) . 6. Prior to the preconstruction meeting for project infrastructure, the petitioner shall obtain and submit to Project Review Services, documentation of all necessary local, state and federal permits required by the final Site Development Plan (SDP) approval. 7. Petitioner shall retain naturally vegetated buffer zones which extend at least fifteen feet landward from the edge of the wetland in all places and average twenty-five (25) feet from the landward edge of the wetland (Collier County Comprehensive Plan, Objective 6. 2 and associated policies) . 8. Pursuant to the Growth Management Plan, Goal 7, Objective 7 .2 , Policies 7. 2 . 1, 7. 2 . 2 and 7 . 2 . 3 and Policy 11. 1.5, petitioner shall be subject to the Manatee Protection Plan in effect at the time of Preliminary Site Development Plan (SDP) approval. Staff Report R-89-22/PU-89-18 EAC Meeting 3/21/90 Page 4 9 . Pursuant to the Growth Management Plan, Goal 2; Objective 2 .2 , Policy 2 . 2 .4; Objective 2 . 3 , Policies 2 . 3 . 1 and 2 . 3 . 6, petitioner shall be subject to a water quality monitoring program and sediment analysis plan designed by the petitioner and approved by the Department of Environmental Regulation and Collier County Environmental Review Staff. Water quality shall be evaluated using State water quality standards (403 . 061 F.S. ; F.A.C. 17-3 . 051, 17-3 . 061, 17-3 . 111, and 17-3 . 121) . 10. No net loss of viable wetlands shall occur due to shoreline hardening structures (e.g. , rip-rap, seawalls, groins, etc. ) shall be allowed (Collier County Comprehensive Plan, Objective 6.2 and associated policies) . 11. The petitioner shall satisfy all regulations concerning dock (wet slip) construction as mandated by Collier County Project Review Services, the Florida State Department of Natural Resources (DNR) , the Florida State Department of Environmental Regulation (DER) , and the U.S. Army Corps of Engineers (ACOE) . In addition, the -- length of the dock shall not extend beyond any existing docks in the vicinity. PREPARED BY: tom./& / _/?i i7 DATE: 3/A /?O KIMBE ,'J. POLEN ENVIRONMENTAL SPECIALIST I REVIEWED BY: CNi41_. DATE: _E/f !Q ERIC WORSHAM ENVIRONMENTAL SPECIALIST II Ilf ./ / REVIEWED BY: _ .• DATE: 3/��l/!o 0 Ago2J'T N F. MADAJEWSKI PROJECT REVIEW SERVICES MANAGER APPENDIX I Major Areas of concern: 1. Water quality impacts on Little Hickory Bay due to large increase of boat traffic 2 . Wildlife issues If any of the issues are addressed in permit applications to DNR, DER, Army corps of Engineers, SFWMD, etc. then these applications/permits should be forwarded and reviewed by Collier County Environmental Staff. The following information is requested. a. Petitioner should indicate an active search for water quality data. Possible sources: i.e. Collier County Pollution Control Department. If this information is not available, the petitioner is required to provide baseline data on the water quality of Hickory Bay and the surrounding waters. Baseline data is necessary in order for the petitioner to indicate how he will ensure that post development (short and long term) water quality will be better, show no degradation of quality in the area or at a minimum, will meet DER standards. The petitioner should address this section in detail, not by submitting terms such as "visually" , "can be assumed" . b. Petitioner, once baseline data is available, should present his plan to improve or not degrade th water quality of the canal/bay system. Pre and Post development calculations and conditions shall be submitted. c. Baseline information should include (at a minimum) : Hydrography - study of the water movement in the canal/bay system, water movement affects its quality. Indicate flushing times and include information on seasonal changes, currents, tides, winds, flooding, etc. Water Quality - physical, chemical, biological parameters. 1. Nitrogen and Phosporus 2 . Total organic carbon 3 . Turbidity 4. Chlorophyll 5. Salinity 6. Temperature 7 . Dissolved oxygen 8. Sediments 1 9 . Coliform Bacteria (Total/fecal) 10. Benthic Invertebrate Study - an accepted biomonitoring methodology should be used in order that the study can be replicated in the Post Development Phase to determine if biological diversity changes have occurred. Control and test sampling sites should be included in the study. 11. Aquatic Vegetation Survey (%cover, location, species) . Detailed information is requested on submerged vegetation since this is a food source for manatees. 12 . Phytoplankton 13 . Baselines of lead, copper, cadmium. d. Boat traffic, engine pollution and wakes. 1. Full discussion needed on effects of oil and gas on water quality. 2 . Discussion of impacts of increased boat traffic on vegetation and wildlife. 3 . Environmental Department is in agreement with impact concerns addressed at end of this report. The area's entire ecological system's health must be addressed. e. Wildlife Concerns 1. Manatee study needed (Locations, possible alternate traffic routes to avoid manatee areas, impacts of boat travel on their food sources(s) effects of periodic dredging and water pollution on manatee's food resources. 2 . Effects on estuarine systems/wildlife. 3 . Effects on avian populations in canal/bay area. f. Vegetation Concerns 1. Immediate and surrounding habitats. See conclusion. g. Noise Pollution Concerns 1. The project is across the bay from residential properties. Does the petitioner plan on a vegetated noise buffer area? h. Several Objectives in the Conservation and Coastal Management Element of the County Growth Management Plan provide outlines on protection of native habitats including Objectives 6. 6, 6.7, and 6. 8 and the policies within each. Goal 7 addresses protection of fisheries and wildlife within the County; specifically, Objective 7 .2 outlines precautions to be taken to maintain our resident manatee population. Therefore it may be appropriate to require information and precautions for sensitive habitats based on those policies. I suggest 2 that detailed habitat information be obtained and mapped in areas that the marina will affect, within an extended area surrounding the proposed marina site. This area should be defined by a radius extending from the marina site to a distance of at least one mile for every ± 100 slips proposed. Following the policies in Objective 7. 2 , information should be gathered to: 1. Characterize and map designated critical manatee habitats and evaluate areas of greatest potential threats. 2 . Establish restricted boat speed zones, channnelized zones or boat traffic routes, that are away from areas that present the greatest threat of injury to manatees. 3 PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 3/21/1990 Petition: R-90-5: Harvey Strauss, P.E. of Alpha Engineering of Lee County, Inc. , representing John D. Jassy; requesting a zoning change from A-2 to PUD, "Arbor Lake Club PUD" . Considerations: 1. Location/Proposal: Petitioner requests to rezone a 22 . 36 acre parcel of land from A-2 to PUD. The subject parcel is located on the west side of SR 45 (Old U.S. 41) , south of the Gadeleta PUD, and east of the Cypress Head PUD. It is bordered by undeveloped agricultural A-2 zoned lands on the north and south boundaries and an Industrial I Zoning District on the east side of Old U. S. 41. LAND USE SCHEDULE Dwelling Units One Bedroom Apartment 123 Two Bedroom Apartment 123 Total 246 Acreage Residential 11. 01 acres Clubhouse, pool, & tennis court (optional) 1. 07 acres Sign & landscaping . 13 acres Wetland Preserve Area 6.48 acres Mitigation area 1.47 acres FPL Easement * 2 .20 acres Total 22 . 36 acres *FPL Easement Area also contains Wetland, Impact & Mitigation Areas. 2 . Site Description/Vegetation: On February 13 , 1990 a site visit was conducted by Kimberly Polen (Collier County Project Review Services) , accompanied by Geza Wass de Czege (Southern Biomes, EIS) . Staff Report R-90-5 EAC Meeting 3-21-90 Page 2 2 . Site Description/Vegetation: On February 13 , 1990 a site visit was conducted by Kimberly Polen (Collier County Project Review Services) , accompanied by Geza Wass de Czege (Southern Biomes, EIS) . On February 22 , 1990 the petitioner, owner, consultant and staff met to discuss wetland jurisdictionals and the protection of gopher tortoise burrows (See Attachment 1) . On February 28, 1990 staff inspected the proposed jurisdictional wetlands on the site (See Attachment 2) . There are 9 . 9 acres of jurisdictional wetlands and 12 . 5 acres of uplands, totaling 22 .4 acres. A U.S. Army Corps of Engineers (ACOE) jurisdictional delineation was done for only a portion (7. 61 acres) of the proposed site. Therefore additional ACOE jurisdictional delineations shall be required for the remaining portions of the site. Also, South Florida Water Management (SFWMD) jurisdictional delineations must be completed. The Department of Environmental Regulation has not claimed jurisdiction. The Environmental Impact Study created by Southern Biomes, EIS represents an accurate and detailed description of the vegetational associations on the site. 3 . Comments and Concerns: There are 9. 9 acres of jurisdictional wetlands on site of which 2 . 1 acres are being proposed for development and 7.4 acres for preservation. No proposed impacts to jurisdictional wetlands or resulting required mitigation shall be considered or approved until review of the Site Development Plans. According to the consultant: Six (6) burrows were located and marked with orange flagging for agency confirmation. All burrows had the oval to round entrance cavity which is typical of the armadillo burrow. No burrows were found which could be associated with gopher tortoises. Several blazing star perennials, which are lisited in the 1989 Official List of endangered species, where found scattered within the oak scrub community. Staff Report R-90-5 EAC Meeting 3-21-90 Page 3 Recommendations: Considering the above, Staff recommends approval of petition R-90-5 subject to the following stipulations. 1. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 2 . Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . 3 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 4 . Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12 . 1. 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 5. Prior to the final construction plans and plat and/or Final Site Development Plan approval, petitioner shall obtain and submit to Project Review Services documentation of all necessary local, state and federal permits. 6. In the event protected species nests or burrows are encountered during development activities, the Collier County Project Review Services, Environmental Review Staff shall be notified immediately and project design may be adjusted if warranted (Collier County Comprehensive Plan Policy 7. 3 .4) . 7. Protected plant species including scrub blazing star (Liatris spp. ) and those sighted during development activities shall be protected from injury or relocated on site, preferably to preserve or landscape areas. The existing locations as well as the transplanting locations shall be identified on the Site Clearing Plans. Staff Report R-90-5 EAC Meeting 3-21-90 Page 4 8. All conservation/preservation areas shall be depicted on the final recorded plat by survey and dedicated with protective convents to maintain the area(s) in their natural pre-development state. 9. Petitioner shall retain naturally vegetated buffer zones which extend at least fifteen feet landward from the edge of the wetland in all places and average twenty-five (25) feet from the landward edge of the wetland (Collier County Comprehensive Plan, Objective 6. 2 and associated policies) . 10. Quantitative criteria for mitigation shall be based on the results of final field determinations made by the South Florida Water Management District and Collier County Environmental Staff at the time of construction plans and plat and/or Site Development Plan approval. Compensation proposals shall provide reasonable assurance that resource impacts will be offset. a. Mitigation plans proposed in wetlands to be preserved, restored, enhanced shall include a statement indicating why no other reasonable options to impacting jurisdictional wetlands are available, a description of area (location and size) , vegetation proposed to be planted, source of vegetation (transplantation from impacted areas preferred) , hydrologic regime, exotic vegetation removal, monitoring and maintenance plan. b. Mitigation proposed in upland areas shall emphasize establishment of habitat value. Vegetation retained and supplemented shall focus on wildlife value and establishment of native vegetative "communities" . 11. Petition shall be subject to all Collier County Ordinances in effect at commencement of construction. PREPARED BY: �, y/ 9/ DATE: 3// 7 IMBERLY; II POLEN ENVIRONMtMTAL SPECIALIST I REVIEWED BY: DATE: 3// / o cam' ERIC WORSHAM ENVIRONMENTAL SPECIALIST II . / REVIEWED BY: %. � E DATE: ,3 /c/(90 RDILJ,HN F. MADAJEWSKI, P.E. PROJECT REVIEW SERVICES MANAGER ATTACHMENT 1 `-ER Co,, roti 4 U j! Development Services Department A i;-- 2p8xxonnhooftritagts, '1 Community Development Division/Collier County Government �` /� FL 33942.6917 ,) o. 1kt.��,., C) 11o February 15, 1990 Tn Mr. Harvey Strauss, P. E. Alpha Engineering of Lee County, Inc. 2665 Cleveland Avenue, Suite 203 Ft. Myers, FL 33901 RE: R-90-5, Arbor Lake Club PUD Dear Mr. Strauss: On Tuesday February 13, 1990 a site visit was made with Geza Wass de Czege, President of Southern Biomes, EIS. After the visit, staff determined that the following information be provided prior to continuance of our review of Petition R-90-5: 1. Documentation of approval of the survey (Methodology and results) conducted by the petitioner's agent and/or a permit shall be obtained from the Florida Game and Fresh Water Fish Commission in regards to the presence and distribution of gopher tortoise (Gopherus polyphemus) (Collier County Comprehensive Plan Policy 7.3.6) . 2. Provide the appropriate wetland jurisdictional permits from the Army corps of Engineers, South Florida Water Management District, and Department of Environmental Regulations. 3. All jurisdictional wetlands, preservation areas shall be flagged. These areas shall be field approved by Collier County Planning Services Environmental Review Staff (Collier County Comprehensive Plan Objectives 6.2 and 6.3 and associated policies) . 4. Provide table with existing vegetation types/acreages and the proposed reduction on each type and the resulting acreages to be preserved. NOTE: PETITION SHALL IDENTIFY AT LEAST TWENTY-FIVE PERCENT (25%) OF THE VIABLE NATURALLY FUNCTIONING NATIVE VEGETATION ON SITE, INCLUDING BOTH THE UNDERSTORY AND THE GROUNDCOVER, EMPHASIZING THE LARGEST CONTIGUOUS AREA POSSIBLE (COLLIER COUNTY COMPREHENSIVE PLAN POLICY 6.4.6) . 1. Mr. Harvey Strauss February 15, 1990 Page 2 If you have any questions regarding this matter, please do not hesitate to write or call me at (813) 643-8470. Sincerely, ' - / , P,-eal, , , Kimberly J. Polen Environmental Specialist I KJP/ew90-43 cc: Mr. John D. Jassy Phil SchPff, Project Planner • ATTACHMENT 2 yNOER COL � ��� Development Services Department rCommunity Development Division/Collier County Government 2800 North Horseshoe Drive/Naples, FL 33942-6917 n' Phone:813/643-8400 PROJECT REVIEW SERVICES n' March 9, 1990 Harvey Strauss Alpha Engineering of Lee County, Inc. 2665 Cleveland Ave. , Suite 203 Ft. Myers, FL 33901 RE: Petition R-90-5, Arbor Lake Club PUD Dear Mr. Strauss: On Monday, March 5, 1990 you submitted a Draft Wetland Jurisdictional Map created by Southern Biomes, EIS. Together we reviewed the map and agreed on the delineation of wetlands to be preserved, which has been included with this letter (See Final Wetland Jurisdicitonal Map) . We also agreed that the transitional zones to be impacted shall be mitigated for by enhancing the western portion of the site. Before we closed our meeting, I wanted to find out if the Department of Environmental Regulation (DER) has jurisdiction over the wetlands. If so or if not the water management would have to be designed around DER's determination. So on the following day, I set up an appointment with DER regarding this matter. On Tuesday, March 6, 1990 I met with Patrick Kenney, Enviornmental Specialist for the DER. After visiting the site he concluded that DER does not have jurisdiction over the wetlands, because they are not connected to state waters. On Wednesday, March 7, 1990 Phil Scheff spoke to you on the telephone regarding the following information to be provided prior to continuance of our review of Petition R-90--5: 1. revised master plans 2. revised water management plans 3. gopher tortoise wildlife survey utilizing Florida Game and Fresh Water Fish Commission Wildlife Methodology Guidelines. Mr. Harvey Strauss March 9, 1990 Page 2 When I receive the requested information I'll proceed with my review and schedule an Environmental Advisory Council date. If you have any questions regarding this matter, please do not hesitate to write or call me at (813) 643-8470. Sincerely, Kimberly J. Polen Environmental Specialist I KJP/ew90-73 cc: R-90-5 file Phil SchefF, Project Planner