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EAC Agenda 02/12/1990 ENVIRONMENTAL ADVISORY COUNCIL AGENDA February 12, 1990 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA A. Statement concerning change of meeting date. (2/21/90 cancelled next meeting date will be 2/28/90) . IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. PDA-89-10: William R. Vines of Vines and Associates, Inc. representing Monterey Associates; requesting a PUD Amendment to Woodbridge to change project name to "Monterey", to add uses to the multi-family area, to include standards to govern the development of zero lot line or other small parcel dwelling sites, and several incidental changes. 2 . PDA-89-14: Peter A. McDonough of Team Plan, Inc. , representing Crown Pointe Development Corporation, Lock Louise Master Association Inc. , and Forest Lake Development Corporation of Naples; requesting a PUD Amendment to West Crown Pointe. 3 . R-89-31: Jeff Hunt of Ericksen Communities, representing Radnor Corporation; requesting a zoning change from A-2 to PUD for development of a commercial activity center, "Plaza 21 PUD" . 4 . R-89-23 : Steven R. Ball of Agnoli, Barber and Brundage, Inc. , representing the Lawmetka Partnership; requesting a zoning change from A-2 to PUD for the development of a mixed use commercial activity center. 5. R-89-29 : Robert L. Duane of Hole, Montes, and Associates, Inc. , representing Associates of Livingston Road, Ltd. ; requesting a zoning change from A-2 and A-2 "ST" to PUD for development of a mixed use project, "Livingston Road Country Club" . V. OLD BUSINESS VI. PUBLIC HEARINGS A. R-89-26: Jeff Hunt of Ericksen Communities, representing Radnor Corporation; requesting a zoning change from A-2 to PUD, "Beachway 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 Thursday, February 8, 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. ********** *********** ********** ************************************************************* DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members Environmental Review Staff FROM: Earlene Weber Secretary I DATE: January 19, 1990 RE: Extra EAC Meeting in February Due to the heavy load of petitions pending, there will be two meetings in February. The dates are as follows: February 7, 1990 February 21, 1990 If you have any questions, please call me at 643-8470. Thank you. DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: Louise Chesonis Clerk to Board FROM: Earlene M. Weber Secretary I Y'% DATE: January 25, 1990 RE: NEW DATES FOR EAC Meetings There will be two Environmental Advisory Council (EAC) meetings in February. The NEW dates are February 12 , 1990 an February 28, 1990. cc: Darlene Grucz, County Manager's Office s DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members Environmental Review Staff FROM: Earlene Weber Secretary I DATE: January 25, 1990 RE: NEW DATES FOR FEBRUARY EAC MEETINGS After many phone calls to members, clerk to board's office and County manager's office, I have been able to coordinate new dates for the February EAC meetings. They are as follows: Monday, February 12, 1990 - 8:45 a.m. Wednesday, February 28, 1990 - 8:45 a.m. It is extremely important for all members to be present. The new dates were necessary because with expected absences a quorum was impossible. Staff are working vigorously to make these meetings very productive. If you have any questions, please call me at 643-8470. Thank you. cc: Ken Baginski, Planning Services Manager David Pettro, Development Services Director Cecila Martin, Planning Services Technician February EAC, memo ew MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: January 17 , 1990 TIME : 8 : 45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT ADDISON x BURCH x NEALE x* POLEN x SNYDER x BERGUSON x TURRELL x *Mr . Neale arrived late . MINUTES BY: E. Rakauskas CALLED TO ORDER AT: 9 : 15 A.M. ADJOURNED: 12 : 15 P.M. PRESIDING : Dr. James Snyder, Chairman ' ADDENDA TO THE AGENDA: Dr. Snyder reminded the committee that the Four Year Review meeting required by County Ordinance has been extended until next week. Mr. Turrell also said that there was a request from that staff to have another meeting in a couple of weeks. The Board agreed to another meeting in two weeks. APPROVAL OF MINUTES : December 20, 1989 Page 1 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17 , 1990 ITEM: MINUTES OF DECEMBER 20, 1989 MOTION: Made by Mr. Addison to approve the minutes of December 20, 1989. Seconded by Mr. Turrell. Carried unanimously. ***** ITEM: Proposed Administrative Approval of PU-89-20: Ray M. Eiler & P.J. Noe; requesting a provisional use "h" of A-2 for botani- cal gardens and aviaries. COMMENTS: Ms. P. J. Noe stated that their sanctuary was to raise exotic birds and to maintain a quality life for impaired native species, in addition they have applied for a federal permit to keep on the sanctuary permanently impaired native species i .e. , hawks, etc . in order to keep these animals from being destroyed when the Conser- vancy is overloaded. This sanctuary is a small walk- thru bird sanctuary with some exotic birds. The theory behind this is to keep a strong genetic pool for some of the endangered species . Dr . Snyder asked if this was a commercial venture? Ms. Noe replied, that it has been a hobby of her husband and self for a long time and that the main object was not to make a profit, but to have a place where these birds can live. On the other hand, we have noticed that people do like to look at these beautiful birds. Most of these birds live to be 70-80 years of age. If people want to come and look at them that is fine with us. Mr . Turrell commented that the Corkscrew Sanctuary should be notified as to what kind of exotics are being housed there. Ms. Noe said that they have Cockatoos, Macaws, Parrots and others. Most of them are raised by the parents. Our long-range goal is to set up cages and breeding facilities to raise the native birds such as hawks, eagles raised and even- tually release their off-spring into the wilds. Exotic birds are never released and assured the Committee that they would not be released. Staff requested that prior to an SDP submittal that the petitioner get a letter notifying Corkscrew about the exotics and to give a copy to the Board. Ms. Noe complied with the request . The Board concurred with administrative approval of PU-89-20 . ***** PETITION NO. R-89-28 Page 2 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 FILED BY/FOR: Robert L. Duane of Hole, Montes & Associates, Inc . representing Frederick R. Pauly, Trustee REQUESTING: A zoning change from A-2 to PUD "Brentwood" . REPRESENTED BY: Robert L. Duane COMMENTS: Mr . Duane said the property in this development is 18 . 6 acres and is located in the southeast quadrant of Immokalee Road and is proposed for commercial/industrial land. He referred to the map on the board and indicated the site and said that he was for the most part in agreement with the staff, except for some language that speaks to the potential need for additional mitigation. He said that they recognize the fact they will have to provide some mitigation for approximately 1 . 8 acres of wetlands that they are impacting on this site, but by the time they meet the mitigational requirements of the DER, Water Management District and Army Corps of Engineers that it should be suf- ficient without adding another layer in the County pertaining to wetland mitigation. Miss Polen stated that regarding the wetland concern this is just trying to be concurrent with the Comprehen- sive Plan Objectives 6 . 2 and 6. 3 . Mr . Turrell asked for a description on the non- jurisdictional wetlands? Mr . Geza Wass de Czege, of Southern Biomes, explained that the majority of the site is mela- leuca. The area that was considered by the agen- cies non-jurisdictional is infested with melaleuca with no under-story whatsoever . The Council asked staff for further explanation of 424W on the vege- tation map as to how heavily impacted is the north side of the parcel 424W. Miss Polen responded by saying that is impacted with exotic species with melaleuca more towards the central area. Dr. Snyder asked is there were any other criteria for a 424 to become a 424W and when is a habitat exotic infested and when is it not? Mr. de Czege com- mented that the guidelines that he uses is that if it is more than 50% invaded with exotics he con- siders it melaleuca invaded, meaning canopy covered with more than 50% melaleuca as opposed to whatever else there is which is a standard that the other Page 3 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 agencies use. The difference between the two is that uplands and the melaleuca invaded wetlands have wetland vegetation underneath it and probably a hydrology that goes along with it that identifies it as a wetland. Melaleuca uplands does not have that criteria, he said. The Council commented that the only problem, for example, is the pine forest, the density or canopy cover of pine trees, and it can vary considerably to a very open extent and only takes 10 melaleuca trees and then it would qualify as a melaleuca infested area. Mr. de Czege commented that it was in absolute terms as opposed to relative terms, in other words, it is not com- paring pine trees to melaleuca trees. The Council noted that these are defined by DOT' s publication that outlines how this land cover scheme is to be used and so they are defined and therefore you maybe able to relate to how these definitions work here. It is important to realize that they are something that are defined and well accepted and what is put into requirements by ordinance. Mr . de Czege noted that it was in the Florida Lane Use and Cover-Up Investigation System. Dr . Snyder noted that on the endangered species survey there is an endangered species list of "animals" and there are 5 species listed there and the Big Cypress Fox Squirrel is not listed. He asked if there is any particular reason for it not being listed on page 7 of the EIS? Mr . de Czege stated that because the probability of finding them in a melaleuca forest is minimal, he did not see any indication of them further south where there is pine flat woods. Mr. de Czege reminded the Council that he studied this site for red-cockaded woodpeckers. The Council questioned whether or not the adjacent land owner in concerned with the single watershed concept? Mr. de Czege said it was the same status with the other side. Mr. Duane said he was in general agreement with the sti- pulations. MOTION: Made by Mr. Turrell to recommend approval of Petition R-89-28 with the stipulations as indicated by staff. Seconded by Mr. Addison. Carried unanimously. STIPULATIONS: Page 4 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 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 species 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. 6 . Documentation of approval of the survey (Methodology and results) conducted by petitioner ' s agent and/or a permit shall be obtained from Florida Game and Fresh Water Fish Commission in regards to the presence and distribution of protected animal species ( Collier County Comprehensive Plan Policy 7 . 3 . 6) . 7 . In the event active protected species foraging habitat , nests or burrows are encountered during development activities, the Collier County Planning Services Environmental Review Staff shall be notified immediately and project designs may be adjusted, if warranted (Collier County Comprehensive Plan Policy 7 . 3 . 4) . 8 . Protected plant species (habenaria orchid, marsh fern, giant airplant , and airplant) 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, if warranted, shall be iden- tified on the site plan. 9 . The preservation/conservation areas shall be delineated by a signed and sealed professional survey on the site plan. 10 . A natural vegetation buffer at least ten ( 10) feet wide shall be required around protected wetlands. 11 . Control structure elevations in protected, created or restored wetlands shall be established to maintain or Page 5 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17 , 1990 improve adequate hydroperiods. The control structure elevation shall be designed to meet the requirements of South Florida Water Management District and Collier County Engineering and Water Management Department . 12 . 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 site develop- ment plan approval . Compensation proposals shall pro- vide reasonable assurance that resource impacts will be offset . a. Mitigation plans proposed in wetlands to be preserved, restored, enhanced shall include a description of area ( location and size) , vegetation proposed to be planted, source of vegetation (transplantation from impacted areas preferred) , hydrologic regime, exotic °:e etation remova, , moni- toring 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 negative "communities" . c . Lake mitigation in the lake designated on conceptual site plan shall include littoral zone plantings on native, aquatic vegetation. 13 . Petition shall be subject to all Collier County Ordinances in effect at commencement of construction. ***** PETITION NO. R-89-6/DRI-89-1/CPA-89-1 FILED BY/FOR: The Halstatt Partnership REQUESTING: A zoning change from A-2 to PUD and Development of Regional Impact approval (Halstatt DRI/PUD) REPRESENTED BY: Mark Morton of The Halstatt Partnership COMMENTS: Mr . Morton said this petition refers to a 1601 . 39 acre mixed use residential development and golf course com- munity with a town center, and other retail and office development located in Collier County . The property is located in the northwest , northeast and southeast quadrants of the intersection of Airport Road and Golden Page 6 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 Gate Parkway; bounded on the east by Livingston Road; on the south by Golden Gate Canal ; on the west by Gordon River Watershed; and on the north by Poinciana Village in the northwest quadrant , and the World Tennis Center in the northeast quadrant . Wetland areas within the project boundaries have been identified and located with the assistance and input of the Florida Department of Environmental Regulation and the U.S . Army Corps of Engineers, he said, and these wetlands are indicated by the appropriate Florida Land Use, Cover and Forms Classification System designations Map F, Vegetation Map. They have added stipulations and have given them to staff and are willing to work on any modifications to the stipulations, he said. Miss Polen stated that there are approximately 83 . 6 acres of wetlands that have been indicated on site of which 20 acres are being proposed for preservation, 28 acres are being proposed for enhancement, i .e. , water management/retention and 27 . 6 acres are being impacted. She said this could be for fill, excavation and lakes, therefore, additional mitigation should be required and this will reflect the intent of Collier County Comprehensive Plan Objectives 6 . 2 and 6 . 3 and associated policies. She said one of the concerns of staff was the several domes and wetlands close to water on the plan, and how to keep those cypress heads and dome strands that were made complete viable habitats and based on the water management plan of this proposal . In Miss Polen' s recommendation this is stipulated in #11 control structure elevations in protected, created or restored wetlands shall be established to main- tain or improve adequate hydroperiods. This is the type of management that Halstatt is trying to achieve, she said. Mr . Morton responded by stating that it is and that they were going to incorporate it into the water management system. Staff passed out a letter from the Game and Fresh Water Fish Commission and a letter that was in the DER and that DER was concerned. Staff mentioned again that the county has the same concerns, that is the golf club maintenance center is located adjacent to the headwaters of the Gordon River and has pesticides, fertilizers, and other "maintenance" chemicals will be stored there. Page 7 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 Prior to development emergency contingency plans shall be required to address potential chemical related accidents or the golf club maintenance center shall be relocated to ensure that upper reaches of the Gordon River will not be adversely impacted. Miss Polen stated that recommendations #8 still does not mention anything about a chemical spill in the watershed of the upper bounds of the Gordon River . She questioned whose responsibility it is, if the aquatic resources are impacted in those areas what kind of plans could Halstatt take to let staff know in advance what kind of measures they have taken to clean it up. Mr. Morton stated that their intent was that the DER has criteria for handling hazardous materials. Mr. Neale asked if this a large enough project to come under EPA? Mr . Morton responded that all golf course sites are becoming involved in the maintenance sites. Mr . Varnadoe noted that DER has a very rigid program and that they have their own way of handling these types of situations. The emphasis at the state level is on the storage and handling and how to do that in order to avoid chemical spillage, he said. Mr . Varnadoe said now it is under strict control of state and federal agencies and they are trying to avoid conflict with those rules that they have to abide by. Mr . Neale requested that they put in some language that pertained to a contingency plan in accordance with applicable state and federal regulations. Mr . Varnadoe said that would not be a problem. Mr. Neale suggested that maybe a dike wall around it would help. Staff asked if that would also be required for the golf cart maintenance on the southeastern quadrant? Mr . Varnadoe stated only if it fell into that type of material required. Mr. Addison asked if they would have any problem stipulating that they would not store any hazardous materials in the golf cart maintenance shed along the canal? Mr. Morton said that the products that he has seen has very restrictive handling instruc- tions and is almost impossible to make a spill with the guidelines that are established for handling procedures. n Page 8 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 Dr . Snyder questioned whether the sites for the facili- ties are put in the safest areas possible? Mr. Morton replied that the cost for one of those clean-ups is astronomical for a spill and that you are responsible for the spill regardless of what kind of spill it is; in other words, when they are designing and if they do not have 100% confidence that it is not safe then they would relocate it . Mr. Turrell questioned if they could slide the site further away from the canal? Mr. Addison noted that if they were only going to keep golf carts in there that is was no big concern. Miss Polen stated that just a runoff could create extra nutrient load into the canals, but that they are looking for an ultimate chemical acci- dent and if it occurred, what kind of impact it would have in that area. Also there are 3 golf courses that take some maintenance and with the availability of having one on the east and west side it is to the petitioner ' s advantage to have chemicals in both places. Mr. Roy Cawley, with the Barron Collier Company, explained briefly what these facilities will do. n All materials will be brought into a central loca- tion and the reason to relocate and have this type of facility is to store equipment so as their golf course maintenance people are not riding equipment all day long to get out to where they can maintain. He said that they can pick them up by vehicle and transport them into the outer maintenance facili- ties where they will store lawn mowers and gain mowers, etc. ? He said that they will not use those for charging up golf carts because all the golf carts will be in the central maintenance facility and the players will come out of a central clubhouse. Mr. Neale asked where the central inventory will be located? Mr . Cawley remarked it would be the club house area. The bulk storage area was pointed out and Mr . Cawley said that they were not opposed to satellite stations. Mr . Varnadoe said that a language change would be fine. Mr . Neale stated that language should read like such: The petitioner must receive all appropriate state and federal approvals for storing and handling hazardous materials prior to construction. The petitioner will also draft a contingency plan for handling hazardous n Page 9 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 material spills and conformance with appropriate state and federal regulations. The petitioner will store hazardous materials in a central location with distribu- tion of these materials to satellite application loca- tions to be done on a daily basis and not more than one days inventory or two days inventory to held at satellite locations. Ms. Polen said staff had a concern about the pro- tected plant species "butterfly orchids" and that species is listed as protected by Department of Agriculture. Another concern of staff was that there are numerous numbers of gopher tortoise holes active and inactive and appropriate methodology has been done this is through the Collier County Comprehensive Plan Objective 7 . 36 and that is through the Florida Game and Fresh Water Fish Commissions methodology. Miss Polen mentioned the Franz-Auttenberg Factor. This calculate to be approximately 85 gopher tortoises on site verses the calculated 20 and 47 + 9 = 56 figures, that were indicated in the DRI submittal . Ms. Polen said these figures might justify further study. She said the mangrove fox squirrel has been seen on this site and with appropriate manage- ment staff believes that with landscaping and creating golf corridors and the wetlands they could possibly create a habitat that would foster a viable portion for this mangrove fox squirrel . She said there has been one caveate tree cited on this land a red cockaded woodpecker nesting in the tree, supposedly in an inactive state. Mr . Addison stated that the Florida Game and Fish List is the list for plant protection. Miss Polen noted that all the protected plants species have been identified by the petitioner . Dr . Snyder questioned what the asterisk meant in front of the Wildlife and Vegetation list? Mr . Morton responded that those indicated by the asterisk are the ones that have actually been seen. The others have not been seen. *****The Council recessed at 10 : 30 to 11 : 05***** Dr . Snyder stated that during the break they were looking at the question of the review of 25%. Mr. Morton proposed that they have the following language in Page 10 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 the ordinance. The paragraph reads as follows: A site clearing plan shall be submitted to the Development Services Director or designee for their review and sub- ject to approval prior to any work on the site. This to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent practical and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . One criteria to be used in evaluating the extent of native vegetation to be retained shall be a consideration of the land. " Mr . Morton suggested that the way to keep track of this was "the 25% shall be monitored at each site clearing plan submittal . The petitioner shall receive credit from any phase where the 25% amount is exceeded to be applied to a phase where it is not in any phase of development where credit toward the 25% is needed. The petitioner shall delineate on the site clearing plan the percen- tage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The petitioner shall show the calculations on each site clearing plan which totals the overall 25% for the project at build-out . " Dr . Snyder asked how they would assure the Council if the site plan was less than 25% and could make it up somewhere else. Mr. Morton replied that they would show on the 8 . 5 location map the other wetlands being preserved in future phases and pointed out the square 1 area meets the requirements. Mr. Neale asked if they specifically stipulate to the retention of those wetlands? Mr . Morton said that was correct . Miss Polen said that it was an acceptable alternative that staff could live with. The stipulations that follow were arrived at after a lengthy discussion by the Council and Staff . STIPULATIONS: 1 . Petitioner shall be subject to Collier County Comprehensive Plan Objectives 6. 4 . 6 and 6 . 4 . 7 , Ordinance No. 82-2 as amended by Ordinance No. 89-49, and Ordinance No. 75-21 as amended by Ordinance No. 89-58 . The 25% shall be monitored at each site clearing plan submittal . The petitioner shall receive credit from any phase where the 25% amount is exceeded to be applied to a phase where it is not in any phase of development where credit toward the 25% is needed Page 11 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 the petitioner shall delineate on the site clearing plan the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The petitioner shall show the calculations on each site clearing plan which totals the overall 25% for the project at build-out . 2 . Petitioner shall be subject to Ordinance No. 82-2 as amended by Ordinance No. 89-57 (use of native species in landscaping) . 3 . Petitioner shall be subject to 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 archaeolo- gical or historical site, artifact or other indicator of preservation) . 5 . Petitioner shall obtain all copies of permits and underlying surveys will be submitted at the point of sub-division master plan submittal and jurisdictional delineations. 6 . Petitioner shall be subject to Collier County Comprehensive Plan Policies 7 . 3 . 4, 7 . 3 . 6 and 7 . 3 . 8 . 7 . Protected plant species (butterfly orchid) and those which may be observed during each construction phase shall be pro- tected from injury or relocated on site. The existing loca- tions as well as the transplantation locations, if warranted, shall be identified on the site clearing plan for each phase of construction. 8 . The petitioner must receive all appropriate state approvals for storing and handling hazardous materials prior to construction of the golf maintenance facilities. All hazar- dous materials will be stored in a central location, removed from the Gordon River headwaters or canal . There will be no storage of hazardous materials, that is in excess of two ( 2 ) days supply, at the satellite faci- lities. However, petroleum storage at these facilities shall be allowed, but only in above ground storage faci- lities constructed and maintained in accordance with EPA and FDER standards. The petitioner shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of hazardous materials. 9. The preservation or conservation areas shall be delineated on any plat which includes the preservation/conservation area. Page 12 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 10. Buffers around protected wetlands shall comply with South Florida Water Management District criteria. 11 . Control structure elevations in protected, created or restored wetlands shall be established to maintain or improve adequate hydroperiods. The control structure elevation shall be designed to meet the requirements of South Florida Water Management District and Collier County Comprehensive Plan Policies 6 . 2 . 2 and 6. 2 . 13) . 12 . Prior to the Subdivision Master Plan and Site Development Plan submittal for development which is adjacent to a wetland, all boundaries of the County jurisdictional wetland areas shall be flagged by the petitioner and field verified by Collier County Environmental Staff . 13 . 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 or prior to the time of construc- tion plan approval . Compensation proposals shall pro- vide reasonable assurance that resource impacts will be offset . a. Mitigation plans proposed in wetlands to be preserved, restored, enhanced shall include 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. Monitoring and maintenance programs shall be provided for a minimum of five years post construction by the entity respon- sible for common area maintenance, established by the developer. Said program shall be reviewed and approved by Collier County Project Review Staff . b. Mitigation proposed in upland areas shall emphasize the retention of existing vegetation and shall focus on establishment of native vegetative "communities" . c. Lakes mitigation in the lakes designated on conceptual site plans shall include littoral zone plantings of native, aquatic vegetation. 14. Petitioner shall be subject to all environmental ordinances in effect at the time of final approval of the PUD document by the Board of County Commissioners, unless specifically exempt in the PUD document . Page 13 ENVIRONMENTAL ADVISORY COUNCIL JANUARY 17, 1990 n 15 . The PUD Master Development Plan shall be revised prior to review by the Collier County Planning Commission to add a note which indicates the "W" represents wetlands to be pre- servation areas. These areas are approximate and will be refined during the permitting process. Dr . Snyder questioned the condition of the existing intervening wetlands? Mr . Morton remarked that it is a substantially mature brazilian pepper forest with a few flags underneath the willows. MOTION: Made by Mr. Neale to recommend approval of Petitions R-89-6/DRI/89-1/CPA-89-1 subject to the 15 stipulations as in the various staff reports, planning service reports and modifications and revisions thereof plus stipulations submitted to the recording secretary. Seconded by Mr. Turrell. Carried unanimously. ***** ITEM: Addendum - Dr. Snyder stated for the record that he will be preparing a response to the County Manager ' s office for the Board, as required by Ordinance 86-41 , which required a report of the Council ' s activities. ***** There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COMMITTEE Dr. James Snyder, Chairman Page 14 DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Jeffrey A. Adair,, 1' Environmental Specialist I DATE: January 29, 1990 RE: PDA-89-10: William R. Vines of Vines and Associates, Inc. representing Monterey Associates; requesting a PUD Amendment to Woodbridge to change project name to "Monterey" , to add uses to the multi-family area, to include standards to govern the development of zero lot line or other small parcel dwelling sites, and several incidental changes. Petitioner requests a PUD amendment to the 194 acre Woodbridge PUD, filed as rezone petition R-84-48C, approved June 4, 1985 as Ordinance 85-25, to: add single family detached dwelling units and parks, playgrounds and open space as principal uses in the multi-family areas; add development standards for patio homes, villas, cluster housing, etc. within the multi-family areas; revise the master plan to more closely reflect existing development and development approvals within the PUD: and numerous incidental changes, e.g. change PUD name to "Monterey" . Subject property is bordered on the east by the Emerald Lakes PUD, on the south by The Crossings PUD, on the west by undeveloped agricultural land, and on the north by undeveloped and developed farm land. At least one-half of the project site is disturbed or under development. The majority of the northeast half remains in an undeveloped state, and includes a cypress (Taxodium spp. ) dominated wetland with scattered slash pine (Pinus elliottii) and supports such species as sawgrass (Cladium lamaicense) , groundsel tree (Baccharis qlomeruliflora) , and wax myrtle (Myrica cerifera) as understory and groundcover. Submittal of the PDA allowed County Staff to re-evaluate the wetland jurisdictional line determined by South Florida Water Management District (SFWMD) which was accepted in the Woodbridge PUD before the adoption of the present Collier County Growth Management Plan. Pursuant to Goal 6, Objective Staff Report PDA-89-10 EAC Meeting 2/12/90 Page 2 6.2, Policies 6. 2 .2, 6.2 .7, 6.2 .9, and 6.2 . 14, Staff determined that the wetland preserve area needed to be increased to include an additional one and one-half (1 1/2) acres of transitional and palustrine flatwoods. An appropriate mitigation scheme was henceforth provided by the petitioner. Areas of particular environmental sensitivity and concern have been located on site and the proposed development impacts and appropriate mitigative actions acknowledged. Staff therefore recommends administrative approval of petition PDA-89-10 subject to the following stipulations: 1) Petitioner shall be subject to Ordinance 75-21 as amended by Ordinance 89-58 (preservation of native habitat and tree removal permit) . 2) Pursuant to the Collier County Growth Management Plan Goal 6, Objective 6. 2 , Policies 6. 2. 2 , 6.2 .7, 6.2 . 9, 6.2 . 10, 6.2 . 12 , 6.2 . 13, and 6. 2 . 14, there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands and the mitigation plan presented in Exhibit A shall be implemented, maintained, and retained as preserve areas free of exotic species in perpetuity. Survival rate of transplanted tree species shall be no less than eighty percent (80%) within each individual preserve area. Pursuant to Policy 6.2 . 12 "an entity shall be designated responsible to monitor the compliance of the mitigation. " The mitigation areas shall be graded and planted in conjunction with site development. 3) Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance No. 89-53 (removal of exotic species) . 4) Petitioner shall be subject to Ordinance No. 89-57 (use of native species in landscaping) . 5) Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Planning Services, Environmental Review Staff. Staff Reports, PDA-89-10 ew ATTACHMENT "A" MITIGATION PLAN - VILLAGES OF MONTEREY January 22, 1990 W. Dexter Bender & Associates Introduction The mitigation as designed, is to compensate for the loss of approximately 1 to 1 . 5 acres of transitional and palustrine flatwoods . The mitigation plan was discussed with Collier County prior to this submittal . Total mitigation area is 1 . 55 acres . Four areas within the site plan were chosen for mitigation as discussed . These areas and acreages of mitigation provided for in this plan are as follows: Mitigation Area One Sixty-seven ( 67 ) common lot lines (refer to site plan) within the subject lakes will be planted . The mitigation lakes include the northeastern lake and the mid eastern portion of the southern lake . Mitigation design includes planting of six foot tall cypress, maple, laurel oak, and cabbage palm species, from 8 . 0 NGVD to 9 . 5-10 .0 NGVD. Species chosen are based on their location and elevations within natural systems . Total area is . 58 acres, based on canopy coverage of trees - 15 x 25 feet . Trees planted 12 O.C. and staggered . Mitigation Area Two This location is in the northwestern portion of the subject parcel and lies southerly of the main access road south of the cypress preserve . This area is to be planted at the same elevation and with the same species as Mitigation Area one (1 ) . Total area with canopy is .14 acres . Mitigation Area Three This location is in the middle eastern portion of the subject parcel and lies westerly of the main access road . This area is to be planted at the same elevation and with the same species as Mitigation Area One and Two . Total area with canopy is . 28 acres . Mitigation Area Four Mitigation Area Four is located in the mid westerly portion of the subject parcel and lies between the zero lot line single family homes . This area is to be planted at the same elevation and with the same species as Mitigation Area One, Two and Three. Total area is . 55 acres . 1 TREE SPECIFICATION All trees are to be 6 ' O.A/H. and planted 12 ' O.C. staggered . Species Live oak Quercus virginiana Laurel Oak Quercas laurifolia Maple (swamp) Acer rubrum Cypress Taxodium distichum Planting of oaks and palms to be at and slightly above control 9 . 5 NGVD. Cypress and maples to be planted in littoral zone from 8 . 0 to 9 . 5 NGVD. Clumping and/or staggering to be done to emulate native systems . Canopy coverage to extend beyond measured areas and long term benefit to the lakes is only limited to growth rate of tree species . Total trees 469 . 2 TREE SPECIFICATION All trees are to be 6 ' O.A/H. and planted 12 ' O.C. staggered . Species Live oak Quercus virginiana Laurel Oak Quercas laurifolia Maple (swamp) Acer rubrum Cypress Taxodium distichum Planting of oaks and palms to be at and slightly above control 9 . 5 NGVD. Cypress and maples to be planted in littoral zone from 8 . 0 to 9 . 5 NGVD. Clumping and/or staggering to be done to emulate native systems . Canopy coverage to extend beyond measured areas and long term benefit to the lakes is only limited to growth rate of tree species . Total trees 469 . 2 PRESERW AREA L415 i '® � >o © ® rD p ;D 111, d CO4-7. t i• . c) °'''' gar I!" ss C)111=2, c) p. I Illffill' er) .;_- . -, .4 (,:t, e..4,41i c) 2 OCDfe, ® Etil ® 2e1 7a i; CDC3(e) .0 OD . ''4cf3i o ,,, ! _ _ f'° , cam, 0 c.c)..... O �J 1 ,7e . 111;PO' • ( 1) ' 4/171MMININ 1 WAVII:raD ' ca) ® sv V . Iso 1s • . 44"4111111k CD1111.- (3) c)Os 4. a fe 1e • f4D se m ' to Or ® � • ,4e ‘14:411441:00,fee ,J 17 14 / • * .,* CD �� ad � i1 )D se O �3T� ® p . elir 14111 f0 ' ® O 4 141 1 to �tits CD 1J4 © 14 2D ©ear c)o ® co ���� ,J2 © eo so ® ® i O4 62 O ) O / 11 ® ® ® ® ® C -..trj7 C) CD 6. cac't ' C) bt \`: p p ® ® • m 100 Ce) CD10 foe it' \s, e7 O ? CD 47 JD p,p CD ® O ® 4f 100 ® ®0 ®® ®® ® c O / • W MY \1 LAGUNALAg 1 QC 77 74 Q ® � ®® 0000 ® ® ®® ® C 11 - -Th NOTE: MITIGATION AREAS SHOW! SUPERCEED SCHEMATIC P 3 MITIGATION AREA #1 222 A /oil A ZO• CONSERVATION EASEMENT TO BE INCLUDED PLANVIEW A TYPICAL LOT LINE/LITTORAL ZONE II LOT 222 + • LIVE OAK S - j & LAUREL OAK 9.5-10.0 NCVD CONTROL 9.5 HCVD• 8.0 NCVD CYPRESS/ MAPLE CROSS SECTION A xrx PERMIT USE ONLY, NOT FOR CONSTRUCTION 14 W. DEXTER BENDER 1/22 90 m �, AND ASSOCIATES VILLAGES OF MONTERREY tjj __ 1533 HENDRY ST., SUITE 302 MITIGATION PLAN Q ,J �� FORT MYER.% FZ 33901 0 " 4 MITIGATION AREA #2 B -•T-- EXISITINC LOBE TO BE LOWERED TO 8.0 NCVD Arrr LOT 30 /' /j // j/' LOT 202 \�1 B � j/ -� 220' 0 " iii.PLANVIEW B N.T.S. --01-- 60'-0" i► �f- • , . r CONTROL 9.5 (O.H.W.W.) LIVE OAK,MAPLE _ 8.0 NGVD & LAUREL OAK CYPRESS CROSS SECTION B CONTROL STRUCTURE PLANTING PERMIT USE ONLY, NOT FOR CONSTRUCTION W. DEXTER BENDER 1/22/90 m eh ((L VILLAGES OF MONTERREY AND ASSOCIATES MITIGATION PLAN s c/i ,-4• o ----New 1533 HENDRY ST., SUITE 302 Q N r FORT MYEn FL 33901 Et N 5 MITIGATION AREA #3 to ro LOT 125 Jet c i 0"/I" 40, 7 , LOT 45 ZCI. .a....� ./. zz PLANVIEW C winos- / N.T.S. i,', , 'r, / .il=k-. O.H.W. 9.5 CONTROL ' SHELF ® 8.0 j LIVE OAK,MAPLE & LAUREL OAK VARIES rzxzfr 0 CYPRESS CROSS SECTION C N.T.S. PERMIT USE ONLY, NOT FOR CONSTRUCTION W. D EX TER SENDER 1/22/90 m ,� AND ASSOCIATES VILLAGES OF MONTERREY z Ui c M 1 1533 HENDRY ST., SUITE 302 MITIGATION PLAN k N �, ' FORT YER.� FL 33901 f 6 MITIGATION AREA #4 69CO) Cid) 66 65 412) I 0 62 C61) 76 (607 ® C3r) 58 PLANVIEW D N.T.S. PERMIT USE ONLY, NOT FOR CONSTRUCTION • W. DEXTER BENDER 1/22/90s4) AND ASSOCIATES VILLAGES OF MONTERREY z ri o 1533 HENDRY ST., SUITE 302 Q 'a FORT MYERS, FL 33901 MITIGATION PLAN o � 1 7 MITIGATION AREA #4 CYPRESS FOREST . � , ' _ t _ , I ,- 9.5 NGVD — MAPLE,OAK 8.0 NGVD & LAUREL OAK CROSS SECTION D N.T.S. PERMIT USE ONLY, NOT FOR CONSTRUCTION �� W. DEXTER BENDER 1/22/90 " VILLAGES OF MONTERREY 113 e i Di ►-rm. �� AND ASSOCIATES Mo , 1533 HENDRY ST., SUITE 302 MITIGATION PLAN 4 FORT YERS FL 33901 0 'Q 8 DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Jeffrey A. Adair _( DATE: February 5, 1990 RE: PDA-89-14 : Peter A. McDonough of Team Plan, Inc. , representing Crown Pointe Development Corporation, Lock Louise Master Association Inc. , and Forest Lake Development Corporation of Naples; requesting a PUD Amendment to West Crown Pointe. Petitioner requests a PUD Amendment to the 102 . 6 acre West Crown Pointe PUD, filed as rezone petition R-84-19C, under the name of "Loch Louise" , approved December 26, 1984 as Ordinance No. 84-90, and proposes to: (1) change ownership; (2) add option to develop single-family residential dwelling units attached or detached or detached with or without guest quarters with or without kitchen facilities; (3) add accessory uses to include boat dock facilities, tennis courts, access control points, parking facilities; (4) modify setback requirements as they relate to product types and height of structures, alternatives for street lighting at S.R. 84, applications for sidewalk locations and responsibility for construction. Subject property is located on S.R. 84 (Davis Boulevard) , approximately three miles east of the intersection of Davis Boulevard and Airport Road and is bounded on the north by Davis Boulevard; on the south by the Riveria Golf Course; on the east by undeveloped parcels of land zoned for agriculture (A-2) and planned unit development (PUD) , and on the west by the King's Lake subdivision. Most of the site has been previously impacted during mining operations and more recently by clearing for development in accordance with the West Crown Pointe PUD. Only a narrow section of slash pine (Pinus elliottii) remains along part of the eastern perimeter as vegetative cover. Staff Report PDA-89-14 EAC Meeting 2/12//90 Page 2 Since the site has been heavily impacted, staff recommends administrative approval of Petition PDA-89-14 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) . 4) Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Planning Services, Environmental Review Staff. 5) Petitioner shall be subject to Ordinance No. 87-88 (docking facilities) . JAA/ew Staff Reports, PDA-89-14 DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Jeffrey A. Adair Environmental Specialist I DATE: January 25, 1990 RE: R-89-31: Jeff Hunt of Ericksen Communities, representing Radnor Corporation; requesting a zoning change from A-2 to PUD for development of a commercial activity center, "Plaza 21 PUD" . Petitioner requests a rezone change for development of a mixed use activity center consisting of retail stores and _ offices on a 17. 2 acre site located in the northwest quadrant of the 111th Avenue North and U. S. 41 intersection. Subject property is bordered on the north and west by the proposed Beachway PUD, along the northeast boundary by U. S. 41, along the southeast by an existing recreational vehicle sales lot, and along the remaining southern property line by 111th Avenue North. The site has not been impacted and consists of two major upland habitats: the first dominated by large slash pine (Pinus elliottii) with a sparse saw palmetto (Serenoa repens) understory, and the second a dense saw palmetto/rusty lyonia (Lyonia ferruginea) habitat. Areas of particular environmental concern have not been found on the project's site to date, therefore staff recommends administrative approval of petition R-89-31 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 the tree removal permitting) . 2 . Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan objective 6.4 and policy 6. 4 . 7 twenty-five percent (25%) of the existing natural habitat shall be retained in preserve areas. No less than 70% of this preserve area shall be adjacent to the Staff Report R-89-31 EAC Meeting 2/12/90 Page 2 west and northwest Plaza 21 property line and in the vicinity of the nearest lake in the adjacent proposed Beachway PUD. This large preserve area shall be one contiguous area, unless determined otherwise during site development plan (SDP) review, and have a minimum width of fifty (50) feet. The natural canopy, understory, and groundcover shall be maintained in perpetuity. Suitable, native vegetation may be planted within the preserve areas to augment existing vegetation in providing a natural buffer between adjacent developments. 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 Ordinance 89-57 (use of native species in landscaping) . 5. Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact the Collier County Planning Services, Environmental Review Staff. Staff Reports, R-89-31 ew DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Jeffrey A. Adair Environmental Specialist I DATE: January 25, 1990 RE: R-89-31: Jeff Hunt of Ericksen Communities, representing Radnor Corporation; requesting a zoning change from A-2 to PUD for development of a commercial activity center, "Plaza 21 PUD" . Petitioner requests a rezone change for development of a mixed use activity center consisting of retail stores and offices on a 17 . 2 acre site located in the northwest quadrant of the 111th Avenue North and U. S. 41 intersection. Subject property is bordered on the north and west by the proposed Beachway PUD, along the northeast boundary by U. S. 41, along the southeast by an existing recreational vehicle sales lot, and along the remaining southern property line by 111th Avenue North. The site has not been impacted and consists of two major upland habitats: the first dominated by large slash pine (Pinus elliottii) with a sparse saw palmetto (Serenoa repens) understory, and the second a dense saw palmetto/rusty lyonia (Lyonia ferruginea) habitat. Areas of particular environmental concern have not been found on the project's site to date, therefore staff recommends administrative approval of petition R-89-31 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 the tree removal permitting) . 2 . Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan objective 6.4 and policy 6. 4 . 7 twenty-five percent (25%) of the existing natural habitat shall be retained in preserve areas having a total minimum area of 4 . 3 acres. No less than 70% of this preserve area shall be adjacent to the west and Staff Report R-89-31 EAC Meeting 2/12/90 Page 2 northwest Plaza 21 property line and in the vicinity of the nearest lake in the adjacent proposed Beachway PUD. This large preserve area shall be one contiguous area, unless determined otherwise during site development plan (SDP) review, and have a minimum width of fifty (50) feet. The natural canopy, understory, and groundcover shall be maintained in perpetuity. Suitable, native vegetation may be planted within the preserve areas to augment existing vegetation in providing a natural buffer between adjacent developments. 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 Ordinance 89-57 (use of native species in landscaping) . 5. Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact the Collier County Planning Services, Environmental Review Staff. 6. Pursuant to the Collier County Growth Management Plan goal 7 , objective 7. 3 , policies 7 . 3 .4 and 7. 3 .5, the petitioner shall retain any found gopher tortoises (Gopherus polyphemus) on site or shall relocate them according to Florida Game and Fresh Water Fish Commission (FGFWFC) protocol after contacting and receiving approval from the FGFWFC. Staff Reports, R-89-31 ew DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Jeffrey A. Adair ;i Environmental Specialist I DATE: January 25, 1990 RE: R-89-23 : Steven R. Ball of Agnoli, Barber and Brundage, Inc. , representing the Lawmetka Partnership; requesting a zoning change from A-2 to PUD for the development of a mixed use commercial activity center. Petitioner requests a zoning change for the development of a commercial activity center on a 34 acre site located in the northwest quadrant of the U. S. 41/Wiggins Pass Road intersection. Subject property is bordered by U. S. 41 on the east, Wiggins Pass Road on the south, and by undeveloped property zoned for residential multi-family (RMF-6) to the west and north. The site has been altered to some extent by drainage ditches, but shows no recent signs of clearing and provides unique upland and wetland habitats (reference Exhibit "A") . The site is essentially divided by a cypress (Taxodium spp. ) /maple (Acer rubrum) slough which flows east to west and contains three plant species listed as threatened by the Florida Department of Agriculture and Consumer Services (FDA) : shoe string fern (Vittaria lineata) , giant leather fern (Acrostichum danaeifolium) , and golden polypody fern (Phlebodium aureum) . Other understory and ground cover species include dahoon holly (Ilex cassine) , red bay (Persea borbonia) , Fakahatchee grass (Tripsacum dactyloides) , and swamp fern (Blechnum serrulatum) . The second significant wetland is a hardwood hammock located in the northwest corner of the property, dominated by red maple, laurel oak (Quercus laurifolia) , and red bay canopy and includes such species as swamp fern and water pennywort (Hydrocotyle umbellata) as groundcover. The two wetlands are connected via a ditch. Upland habitats are pine flatwoods dominated by saw palmetto (Serenoa repens) , gallberry (Ilex Staff Report R-89-23 EAC Meeting 2/12/90 Page 2 coriacea) , cabbage palm (Sabal palmetto) , and slash pine (Pinus elliotti) . Active and inactive gopher tortoise (Gopherus polyphemus) burrows were located throughout much of the pine flatwoods dominated by saw palmetto, gallberry, and slash pine. The gopher tortoise is listed as a species of special concern by the Florida Game and Fresh Water Fish commission (FGFWFC) and under review by the United States Fish and Wildlife Service (USFWS) . Areas of particular environmental sensitivity and concern have been located on site and the proposed development impacts and appropriate mitigative actions acknowledged. Staff therefore recommends administrative approval of petition R-89-23 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) Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan Goal 6, Objective 6. 2 , Policies 6. 2 .2 , 6. 2 .7, 6. 2 . 9, 6. 2 . 13, 6. 2 . 14 , and Objective 6. 4, Policy 6. 4 . 7 there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands and twenty five percent (25%) of the existing natural habitat shall be retained in preserve areas. Both the slough and hardwood hammock shall be designated as preserve areas and together shall total 8 . 5 acres. 3) The slough shall be bordered by a buffer zone having a minimum width of twenty (20) feet on both sides. The hardwood hammock shall also be bordered along its southern edge by a buffer zone having a minimum width of twenty (20) feet. 4) Whether or not passive recreation shall be permitted within the wetland preserve areas shall be determined at site development plan (SDP) review using the following criteria: a. Passive recreation areas must be determined as necessary. b. It must be proven that there are no alternatives. c. Any structures and their use, must not degrade the wetland preserves (i.e. litter, shading, etc. ) . Staff Report R-89-23 EAC Meeting 2/12/90 Page 3 5) Pursuant to Collier County Growth Management Plan Goal 7, Objective 7. 3 , Policies 7. 3 . 4 and 7 . 3 . 5, the petitioner shall retain gopher tortoises on site or shall relocate them according to Florida Game and Fresh Water Fish Commission (FGFWFC) protocol after contacting and receiving approval from the FGFWFC. 6) Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance No. 89-53 (removal of exotic species) . 7) Petitioner shall be subject to Ordinance No. 89-57 (use of native species in landscaping) . 8) Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Planning Services Environmental Review Staff. Staff Reports, R-89-23 ew ATTACHMENT "A" TROPICAL ENVIRONMENTAL CONSULTANTS 24550 Sailfish Street Bonita Springs, Florida 31023 (813) 495-1886 TEC • LAWM+ETCH A PLA A BOACT MALYxIIS (REVISION-JANUARY 31 , 1990) PROPOSED IMPACTS TO WETLANDS: ACRES FLUCCS DESCRIPTION 0.7 611 Hydric Hardwood Hammock (Bag Swamp) 0.1 621 Cypress/Maple Slough 0.2 641 Canal 0.8 643 Wet Prairie (Herbaceous) 1 .8ecres PROPOSED MITIGATION FOR THE ABOVE IMPACTS: 1 .1 Buffer along (North Si South) of 621 0.2 Additional Buffer East of proposed 621 road crossing, South side 0.2 411 -P Island at Northeastern region of 621 0.1 411 Island at Northeastern region of 621 0.1 Buffer along Southern edge of 611 0.1 Two areas of 411 -P isolated by the proposed roadway along the Eastern edge of 611 1 .8 acres NOTE-PLEASE REFER to the blueprint, one inch equals fiftg feet for specific location and entent of the mitigations. Environmental Inventories Development Suitability Planning & Design Wetland/Upland Mapping Environmental Impact Studies Permitting/Mitigation/Habitat Restoration Habitat/Landscape Managment 1 _ . .. iiew . - TROPICAL ENVIRONMENTAL, CONSULTANTS 24550 Sailfish Sired 401, Bonita Springs, Florida 3 N2 3 (813) 495-1886 A . LAWMIET IKA PLAZA `ratEE ACRE a CM (REVISION—JANUARY 31 , 1990) FLUCCS* ACRES DESCRIPTION UPLAND 411 0.1 Slash Pine 411 -P 13.0 Slash Pine, Saw Palmetto, Cabbage Palm (Pine Flatwoods) 411 -S 8.8 Saw Palmetto, Gallherrg, Slash Pine (Pine Flatwoods) 421 0.9 Oak Hammock (Heric Oak) 422 1 .5 Brazilian Pepper 424 0.1 Heloleucaa SUBTOTAL 24.4 acres WETLAND "* 611 2.6 Hydric Hardwood Hammock (Sag Swamp) 621 5.1 Cypress/Maple Slough (Cypress) 641 1 .1 Canal 643 0.8 Wet Prairie (Herbaceous) SUBTOTAL 9.6 acres GRAND TOTAL = 34 Acres * Florida Department of Transportation-LAND USE COVER FIND CLASSIFICATION SYSTEM ** PROVISIONAL-Requires agency site inspection to determine jurisdiction Environmental Inventories Development Suitability Planning & Design Wetland/Upland Mapping Environmental Impact Studies Permitting/Mitigation/Habitat Restoration Habitat/Landscape Managment 2 Odi6l �����:�f'�-t�a0 { Safi3� •.Oal-d!II, a Sousa '06/OZ/ I uo 'luso(' palslnal uaaq a ioq saliuliunaq puaid fipu®ljaff w i A $IJUdHI UNH113fl1 - M 1 311111914 C.. 11 b Z � S-- L Lt. d-- 1 IV-- 1Z9 1109--,714411111____ .04 %.1101.1n0 peso I yid 11'1°°'.111111.1111 Z9 \0144.10.41.1.00.11111.1 dr- tt17 EV 9 * '�1►"'� ung 11 9 1117 --- S- 111, N1( t I r ��i Lis) A��r *. Z Ak 'MAI" AO* 11,9 $a129 .•I >. SI3uawl ONU113ttl U3S0d0U4 .00Z - . t 31U3S !►QOt-Sfib-(sin) n (r6( Pltat]'t8uidG saEuOS71101 "''aS yU11U5 055n SIN V.L1f1SNQO T?,LNUYVNOUTAN91VDtdO LL ptprik Am, t. DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Jeffrey A. Adair . Environmental Specialist I DATE: January 26, 1990 RE: R-89-29 : Robert L. Duane of Hole, Montes, and Associates, Inc. , representing Associates of Livingston Road, Ltd. ; requesting a zoning change from A-2 and A-2 "ST" to PUD for development of a mixed use project, "Livingston Road Country Club" . Petitioner requests a zoning change for development of a mixed use project consisting of single and multi-family residential, and commercial land uses, and a golf course with a clubhouse on a 482 acre site located in the northwest quadrant of the intersection of the proposed north/south and east/west Livingston Road extension in North Naples. Subject property is essentially bordered on the east and south by the proposed Livingston Road extensions, and on the north and west by undeveloped agricultural land zoned A-2 . Two sensitive treatment (ST) overlays are located within the subject property. The largest encompasses an area of approximately 16. 1 acres and is dominated by slash pine (Pinus elliottii) , cypress (Taxodium spp. ) , and melaleuca (Melaleuca leucedendra) with a sparse ground cover of swamp fern (Blechnum serrulatum) . The smaller 8 . 8 acre ST area is dominated by willow (Salix caroliniana) . Pursuant to the Zoning Ordinance of Collier County, Section 9, paragraph 9 . 1a and 9 . 1f3 (e) , Staff contends the smaller ST area to have lost its unique features associated with ST areas in that "the surrounding land exerts a continuing environmental deterioration (i.e. cleared and ditched farm land in this case) of the ST area. " Disturbed farm and residential land uses account for 181 acres. The majority of the site remains undeveloped and shows no recent signs of clearing. An integrated system of saw palmetto (Serenoa repens) rangeland, pine flatwoods dominated by slash pine and saw palmetto, and wetlands exist. The two Staff Report R-89-29 EAC Meeting 2/12/90 Page 2 major wetland types can be described as slash pine/cypress/ Melaleuca dominated and wet prairie dominated by muhly grass (Muhlenbergia capillaris) and sedges (Cyperus spp. ) with scattered slash pine. The Petitioner has identified seven (7) plant species and one (1) animal species of special concern on site. Plants listed by the Florida Department of Agricultural Consumer Services (FDA) include common wild pine (Tillandsia fasciculata) because of commercial exploration, and the following are threatened: wild pine (unnamed) (T. balbisiana) , wild pine (unnamed) (T. setacea) , aspiduim fern (unnamed) (Thelypteris kunthii) , golden polypody (Phlebodium aureum) , pink pine (Bletia purpurea) , and the butterfly orchid (Encyclia tampensis) . One big cypress fox squirrel (Sciurus niger avicennia) was observed on site and one inactive gopher tortoise (Gopherus polyphemus) burrow was located. Both are listed as under review (UR2) by the United States Fish and wildlife Service. The big cypress fox squirrel is also listed as threatened, and the gopher tortoise as a species of special concern, by the Florida Game and Fresh Water Fish Commission. Areas of particular environmental sensitivity and concern have been located on site and the proposed development impacts and appropriate mitigative actions acknowledged. Staff therefore recommends administrative approval of petition R-89-29 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) Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan goal 6, objective 6.2, policies 6. 2 . 2 , 6. 2 . 7, 6. 2 . 9, 6. 2 . 13 , 6. 2 . 14, and objective 6. 4 , policies 6. 4 . 6 and 6. 4 . 7, there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands. Seventy-five (75) acres, the equivalent of twenty-five percent (25%) of the existing natural habitat on site (i.e. disturbed and agricultural land uses not included) , shall be retained. Thirty-two (32) acres of the total seventy-five (75) acres shall be disignated as preserve areas. Distribution of the remaining forty-three (43) acres shall be determined during site develoment plan (SDP) review. 3) Preserve areas shall retain the existing natural canopy, understory, and groundcover vegetation, and shall be maintained free of exotic species in perpetuity. Staff Report R-89-29 EAC Meeting 2/12/90 Page 3 4) Passive recreation is prohibited in the wetland preserve areas unless otherwise determined during site development plan (SDP) review. 5) Pursuant to Collier County Growth Management Plan goal 7, objective 7. 3 , policies 7. 3 .4 and 7 . 3 . 5, the petitioner shall retain big cypress fox squirrels and and any found gopher tortoises on site, or shall relocate them according to Florida Game and Fresh Water Fish Commission (FGFWFC) protocol after contacting and receiving approval from the FGFWFC. 6) All plant species of special concern not within the preserve areas and within the construction footprint shall be transplanted on site to preserve areas of suitable habitat. 7) Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance No. 89-53 (removal of exotic species) . 8) Petitioner shall be subject to Ordinance No. 89-57 (use of native species in landscaping) . 9) Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Planning Services, Environmental Review Staff. 10) The 16. 1 acre ST area within the subject property shall be retained within a preserve area. Staff Reports, R-89-29 ew PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 2/12/1990 Petition: R-89-26/SMP-90-3 : Jeff Hunt of Ericksen Communities, representing Radnor Corporation; requesting a zoning change from A-2 to PUD, "Beachway PUD" . Considerations: 1. Location/Proposed Uses: The subject property is located in Section 21, Township 49 South, Range 25 East of Collier County. Existing land use is undeveloped. The site is approximately 265 acres with 58 . 8 acres of jurisdictional wetlands. Surrounding land use is as follows: the Cocohatchee River to the north; Walker Bilt Drive to the northeast; U.S. 41 North (Tamiami Trail North) to the east; 111th Avenue to the south; a cemetery and a new residential currently under development to the southwest, and Vanderbilt Drive on the northern half of the western boundary. Petitioner proposes mixed residential use. Nine land use parcels with six combined into parcel "B" are indicated on Exhibit "A" , PUD Master Development Plan and described in detail on page 10, reference "Beachway PUD Document, October 1989 . " 2 . Site Description/Vegetation/Wildlife: A site visit was conducted on August 11, 1989 by Eric Worsham and Barbara Prynoski of Collier County Project Planning Services accompanied by Reed Jarvey of Agnoli, Barber and Brundage Inc. , Eric Heald, Tropical Bio Industries, Skip Bergman of Army Corps of Engineers, Janet Strutzell of South Florida Water Management District (SFWMD) , and George Hackney, surveyor for Agnoli, Barber and Brundage, Inc. Site elevations range from sea level at the Cocohatchee River to approximately ten (10) feet in the southwest corner of the school. Tidal wetlands (mangroves) extend to about the three (3) foot contour. Highest elevations are along the southern boundary. Staff Report R-89-26 EAC Meeting 2/12/90 Page 2 Uplands represent 78% of the total land area, consisting of pine flatwoods, palmetto prairies, oak scrub habitat and pine/xeric oak forest. Smaller areas of mixed pine and hardwoods as well as disturbed areas, often characterized by Brazilian pepper (Schinus terebinthefolius) , occur throughout the site. Xeric areas in elevations of eight (8) feet or greater are dominated by sand live oak (Quercus geminata) , live oak (Ouercus virginiana) , runner oak (Ouercus minima) and turkey oak (Ouercus laevis) in association with saw palmetto (Serenoa repens) , rosemary (Ceratiola cricoides) and wire grass (Aristida stricta) . Reader is referred to page 7 of Environmental Assessment, August 1989, Geo Science, Inc. (GSI) , Table 4 . 1 Vegetation Communities (includes acreage) . Wetlands on site consist of mangrove swamp and a salt marsh dominated by black needle rush (Juncus roemerianus) associated with the Cocohatchee River (50 acres) . The mangrove swamp is primarily red (Rhizophora mangle) and black (Avicennia germinans) mangroves. Reader is referred to August 1989 GSI report, pages 9-11 as well as the Environmental Impact Statement (EIS) pages 6-9 for a description of wetlands. Included in this description are five seasonal isolated wetlands (approximately 2 . 9 acres) that the petitioner proposes to impact by incorporating into the development by either developed land or lakes. Wetland areas (approximately 5.7% of total wetlands on site) proposed for modification are all isolated seasonal wetlands. In addition, boardwalks and a road crossing are proposed in the black needle rush/mangrove area. The reader is referred to pages 11- 14 of EIS for a description of wildlife utilization of the site and threatened or endangered flora and fauna. In the environmental assessment conducted by GSI, the following information is worthy of consideration: (1) potential mangrove fox squirrel habitat is present, although no signs or sightings were evident; (2) habitat is marginally suited for the red-cockaded woodpecker, peregrin falcon, short-tailed hawk, southern hairy woodpecker (none observed, no nests or cavities sighted) ; (3) habitat marginally suited for scrub jays (none observed) ; (4) greatest potential for occurrence is for reptiles and amphibians. Gopher tortoises are very abundant on site in the scrub areas. Reader is referred to "Gopher Tortoise Survey/Transect Locations" enclosure. Staff Report R-89-26 EAC Meeting 2/12/90 Page 3 3 . Comments/Concerns: It is recognized that the proposed development has attempted to design around sensitive environmental areas. Petitioner has been receptive to mitigation proposals and requests, based on Ordinance and the Collier County Comprehensive Plan, to revise certain aspects of the site plan. In formulating the stipulations below, the following was considered: (a) Ordinance No. 89-58 preservation of twenty-five percent (25%) of the viable naturally functioning native vegetation on site, including both understory and groundcover emphasizing the largest contiguous areas possible. Site contains 265 acres, therefore 66.25 acres are to be preserved. Scrub habitats, especially those areas containing active gopher tortoise burrows, has been targeted for preservation to satisfy Ordinance No. 89-58; (b) Collier County Comprehensive Plan (CCCP) Goal 7 and Policy 7. 3 . 4, as it pertains to wildlife, specifically gopher tortoises; (c) Mitigation shall be required for proposed impacts to the isolated wetland areas per CCCP Objective 6.2, Policy 6. 2 . 10 and other associated policies. Recommendations: Staff recommends approval for petition R-89-26/SMP-90-3 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 the tree removal permitting) . 2 . Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance 89-53 (removal of exotic species) . 3 . Petitioner shall be subject to Ordinance 89-57 (use of native species in landscaping) and site landscaping shall be designed to comply with xeriscape principles as defined by the SFWMD. 4 . Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact the Collier County Planning Services, Environmental Review Staff. Staff Report R-89-26 EAC Meeting 2/12/90 Page 4 5. All wetland preserves indicated on the site master plan must be provided with a twenty-five (25) foot upland vegetative buffer and indicated as a vegetative buffer on all subsequent site plans and plats submitted for County review. However, shallow water management facilities, i.e. , spreader swales and dry retention areas may be allowed. 6. At the time of platting, all preserves, uplands and wetlands, shall be recorded as easements or tracts and provided with protective covenants which require the areas to be maintained in their natural (unaltered) state. 7 . Isolated wetlands shall be evaluated for Collier County jurisdiction at the time of proposed impacts. If isolated wetlands are determined to be jurisdictional and if the proposed impacts are approved, then mitigation shall be required in compliance with Collier County Comprehensive Plan Policy 6. 2 . 10. Mitigation as specified shall be required for any and all proposed impacts to the wetland preserve as described above. 8 . Protected species surveys shall be required for all subsequent site plans submitted to the County for approval, if deemed necessary by Collier County environmental staff and if previous surveys are over two (2) years old. 9. Portions of the proposed lake #5 and other similar xeric oak scrub habitat areas totaling no less than 7 . 45 acres and configured to incorporate the largest possible contiguous area or areas shall be dedicated as upland scrub preserves to comply with Collier County Comprehensive Plan Policy 7 . 3 . 4 and Ordinance No. 89-58. The aforementioned upland preserves shall be designated by mutual agreement between the petitioner and Collier County environmental staff and shall be indicated on the revised Subdivision Master Plan prior to approval. Other habitats may be deemed acceptable to meet the aforementioned requirements, if offsite relocation of the gopher tortoise population is approved by state permit. 10. Stem wall construction shall be required if proposed construction utilizes fill and the fill or side slopes appear to encroach into preserves or preserve buffers. Staff Report R-89-26 EAC Meeting 2/12/90 Page 5 11. Former Special Treatment "ST" zoned/wetland preserves shall be deeded to the county or placed in a perpetual trust with an easement in favor of Collier County. 12 . Any future proposed dock construction shall comply with the Florida Department of Natural Resources (DNR) manatee protection plan. 13 . If turkey oaks are discovered during tree removal permitting, they shall be transplanted to the upland preserve areas or utilized in project landscaping. 14 . In addition to environmental stipulations 1-13, additional standards/requirements may be applicable at the time of site development plan (SDP) approval. PREPARED BY: 4.,_6 zrL_. n, P DATE: ./S BARBARA PR NOS I PREPARED BY: 1,10, .ti AL,, DATE: / /? RI• WO' REVIEWED BY: ,,�� ,AAv DATE: QO RO 'LD NINO REVIEWED BY: 4 �%1' DATE: /6') KENNETH w BAGINSKI