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EAC Agenda 01/17/1990 ENVIRONMENTAL ADVISORY COUNCIL AGENDA January 17, 1990 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL -- 1. PU-89-20: Ray M. Eilers & P. J. Noe; requesting a provisional use "h" of A-2 for botanical gardens and aviaries. V. OLD BUSINESS VI. PUBLIC HEARINGS A. R-89-28: Robert L. Duane, AICP of Hole Montes and Associates, Inc. , representing Fredrick R. Pauly, Trustee; requesting a zoning change from A-2 to PUD. "Brentwood" B. R-89-6/DRI-89-1/CPA-89-1: Mark Morton of The Halstatt Partnership; requesting a zoning change from A-2 to PUD and Development of Regional Impact approval (Halstatt DRI/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 January 15 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. ********** *********** ********** ************************************************************* -2- ^ NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Kimberly Polen, Development Services Jeff Adair, Development Services Ken Baginski, Development Services John Madajewski, Project Review Barbara Prynoski, Project Review Eric Worsham, Project Review EAC Members FROM: James N. Burchk Chief Environmental Specialist DATE: December 29, 1989 SUBJECT: Seal and Signature on Official Surveys Reference is made to discussion of property surveys and the surveyor's responsibility to sign and seal surveys which indicate habitat preserve areas, during the EAC meeting of 22 November, 1989 . .-. Florida Statute 472 . 005 states that "The practice of land surveying. . . . includes. . .the preparation of subdivision planning maps and record plats. . . . " Florida Statute 177 . 091 requires the recording of "easements. . .and their intended use" and "park and recreation parcels " in all plats for subdivision before approval by the local governing body (F.S. 177. 071) . Also, requirements of "Plats made for recording" (F.S. 177 . 091) include a positive description of "the bounds of every lot, block, street easement, and all other areas shown on the plat" . Conversation with the Office of the Florida Department of Professional Regulations (12/28/89) indicated that the intent of State legislation, and Board of Professional Regulations for Land Surveyors, is to indicate all significant property uses in and around the limits of proposed subdivisions. Boundaries of these areas will be defined by a registered surveyor and indicated on the plat map; this information must be indicated on final plats, which are signed, dated, stamped, and sealed by the registered surveyor (F.S. 472 . 025) . To be recorded as a requirement of law and to be consistent with Florida Statutes, these areas should be indicated as "park and recreation parcel" or conservation "easement" (F.S. 177 . 091) . A "Conservation Easement" is defined by Florida Statute 704 . 06 as a right or interest to property that is to be maintained in "natural. . .condition" . If the conservation easement is zoned "ST" the property owner is required by County Ordinance to transfer ownership of the property to the County, or to provide the County with a statement that the property "will be forever retained in its natural condition" before any transfer of development rights (i.e. , development order) is approved by the Board of County Commissioners (Ord. 82-2 , Sec. 9 . 1) . JNB:pc c: George Yilmaz, Pollution Control Director William D. Lorenz Jr. , P.E. , Administrator NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: EAC Members FROM: James N. Burc ief Environmental Specialist DATE: January 3, 1990 SUBJECT: Red-cockaded woodpecker protection During the EAC meeting of 20 December, 1989, concern was expressed by the EAC that the County should place high priority on protection of local populations of red-cockaded woodpecker (Picoides borealis) . There is little question, from a natural resources perspective, that this species requires protection through County policy. Indeed, Objective 7. 3, and supporting Policies, of the Conservation and Coastal Management Element of the County Growth Management Plan requires implementation of programs to protect the County's wildlife, including red-cockaded woodpeckers. Also, the development community has expressed a desire to see protection of species and habitats of concern in policy format, so that these concerns can be met before entering the development review process. However, other considerations in the Growth Management Plan have established specific priorities and work outlines for the next several months (Objectives 7 .2 , 1. 2 ; Policies 6. 8 . 1, 7 . 3 .2, 7 . 3 . 9, 1. 3 . 2, 6. 1. 1, 12 . 1. 1) , so that all available resources must be dedicated to fulfilling these objectives. Therefore, to expedite development of protection by ordinance for this and other species, it may be appropriate that the EAC consider developing a protection plan, or preliminary draft ordinance for review by staff and other entities. Natural Resources is coordinating review and revision activities for other similar documents, and would be able to include this in the review procedure as soon as possible. If you have further suggestions or comments, please contact our office at 774-8454 . JMB:pc c: William D. Lorenz Jr. , P.E. , Administrator MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: December 20, 1989 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 WORSHAM TURRELL X ADAIR X *Mr . Addison arrived late. MINUTES BY: Elinor Skinner , Recording Secretary CALLED TO ORDER AT : 8 : 45 A.M. ADJOURNED: 11 :05 A.M. PRESIDING: Dr . James Snyder, Chairman /^t"` ADDENDA TO THE AGENDA: Mr . Neale asked to put in the record the EAC memo sent to the Board of County Commissioners. (Appended) Bald Eagle protection added by Dr . Snyder APPROVAL OF MINUTES : November 15, 1989 Page 1 ,, ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 ITEM: MINUTES OF NOVEMBER 15 , 1989 MEETING MOTION: Made by Mr. Turrell to approve the minutes of the meeting of November 15, 1989. Seconded by Mr. Neale. Carried unanimously. ***** ITEM: Sharon Kurgis' Resignation" COMMENTS: Dr . Snyder said Sharon Kurgis has resigned. After a short discussion, Mr . Neale recommended that the post remain unfilled pending EAC merger . Dr . Snyder said, following rules of succession, he has moved from Vice-Chairman to Chairman of the EAC and Mr . Neale was unanimously elected as the Vice-Chairman. ***** PETITION NO. R-89-30/PU-89-21 , Robert L. Duane, AICP of Hole, Montes & Associates, Inc. representing Anita M. Pittman REQUESTING: Zoning change from MHRP to C-6 and a provisional use "c" of C-6 zoning district for a funeral home COMMENTS: Consensus of EAC members that this petition be administratively approved. ***** PETITION NO. PU-89-13, Donald A. Pickworth of Asbell, Hains, Doyle and Pickworth, P.A. , representing the Fraternal Order of the Eagles #4028 REPRESENTED BY: Mr . Michael Coleman REQUESTING: Provisional use "d" of E zoning district for Social and Franternal Organization COMMENTS: Consensus of EAC members that this petition be administratively approved. Mr. Coleman said there is a discrepancy in the staff report . He said the portion of the property that would be undeveloped is reflected as no development south of the 15th Avenue S .W. for 260 feet . He said the amount should be 202 feet . Page 2 • ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 Planner Sheff said 260 feet was stated on the peti- tioner' s small site plan, however, on revision to create a larger site plan as requested by staff , the building plus the parking was such that 202 feet area for retention of environmental and water management purposes was left . He said Stipulation #1 of the staff report for this petition should read 202 feet rather than 260 feet . ***** PETITION NO. R-89-17 FILED BY/FOR: Robert L. Duane of Hole, Montes & Associates, Inc . representing William M. Pogue, Davis Boulevard Partners REQUESTING: A zoning change from A-2 to PUD "Neapolitan Park" REPRESENTED BY: Robert L. Duane COMMENTS: Mr . Duane said the property in this petition is located approximately 600 feet east of the inter- section of Santa Barbara and Davis Boulevard. He referred to the aerial photograph and indicated the ^ site. He said this is a mixed use project comprising three retail offices, an office/motel project and multi-family residential units. He said the petitioner is in agreement with the stipu- lations in the staff report . He said the substan- tative review of this site plan is deferred until subsequent phases of the site planning process. He said he did not get confidence from the staff report that the petitioner can rely that this plan is the one the petitioner can proceed to do sub- sequent phases of his own planning. Mr . Duane said there are jurisdictional wetlands on this site and there have been reviews by the Army Corps of Engineers, DER, and the Water Management District and the wetlands are largely transitional . He said the most viable wetlands on the site are those wetlands indicated on the map and the peti- tioner proposes to preserve those. Mr . Geza Wass de Czege, Environmental Consultant of Southern Biomes, said the vegetation report sub- mitted indicates there is 11 . 4 acres of wetlands that are Corps claimed wetlands. He said Andrea Stevens only claimed the 3 . 2 acres of cypress Page 3 . ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 forest . He said the second time the site was visited with Ms. Stevens, to help restore the hydro- period in the area, approval was obtained to put a lake on the edge of the grassy prairie area. He said the rest of the wetlands in the out parcels are heavily degraded with melaleuca invasion. Mr . Wass de Czege said he did a general survey of the site to look for cavity trees or starter holes of Red Cockaded Woodpeckers and none were found. He said he did not do a survey to see if the site is used for foraging by the bird. He pointed out that adjacent areas have homes so the site is becoming isolated as far as uplands for Red Cockaded Woodpecker concern. Environmental Technician Polen distributed the letter that Andrea Stevens addressed March 21 , 1989, so members could see her concern seemed to be the boundary between the lake and the wetland area near the northern property line. Ms. Polen said Ms. Stevens stated, after her inspection of the boundary, that she concurred with the wetland boun- dary and had no objections to locating the lake in n that area. Ms. Polen said her concern about the wetland area is that there are 9 . 7 acres of juris- dictional wetlands on the property, which is almost 50%. She said 7 . 2 acres are being proposed for development and 2 . 5 acres proposed for preservation retention. She said additional mitigation shall be required that will reflect the intent of the Collier County Comprehensive Plan Objectives 6 . 2 and 6 . 3 and associated policies. She mentioned this because of the mitigation that would occur in the 2 . 5 acres which would include the lake and the wetland. She explained in Stipulation #12 she men- tioned that during the SDP process, if staff felt there was justification to adjust the lake according to the building location and actual wetland that could occur. She said it seems like the lake might be overlapping on top of the wetland. She said she wanted to state that the mitigation was an important aspect of the SDP pro- cess. She referred to Stipulation #9 and said she was giving the flexibility to mitigate the areas when the petitioner comes in for the SDP. Ms. Polen said there is a concern for Red Cockaded Woodpeckers on this project, with about 8 . 5 acres Page 4 • ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 of potential RCW foraging habitat . She referred to Stipulation #6 stating that a documentation of approval of the survey and the results shall be submitted. She said the petitioner could either obtain Florida Game and Fresh Water Fish Commission' s concerns or do it himself through a professional environmental consultant . Responding to Mr . Neale, Mr. Wass de Czege said the lines for the wetlands were taken from the aerial . Dr. Snyder said comparing the site plan with the vegetation map, approximately 5096 of the cypress forest is converted to the lake, and Mr. Wass de Czege concurred. Responding to Dr . Snyder, Mr . Wass de Czege said there will be a water management lake and the peti- tioner will plan littorally to- create a habitat for the typical wetland species. He said, for water management purposes, the petitioner is almost required to have a minimum of 100 foot wide lake to obtain the depth the Water Management District requires. He said there is a 6 foot minimum depth with standard slopes. Mr. Duane said the petitioner recognizes there will be some adjustments with this plan and that there may be some additional open space integrated into this project . He said the petitioner has orien- tated buildings he has planned to construct and this is why he needs some confidence from the EAC today that this is the kind of plan that can be taken back to the County, presuming the petitioner satisfies all the mitigation requirements of the Game and Fresh Water Fish Commission, the DER, and the Army Corps. Responding to Dr . Snyder, Mr . Duane said the northeast corner will be left in a preserve area. He said the adjacent property on the east boundary is presently zoned A-2 . He said this petition is for land on the edge of the activity center. Mr . Duane said he hoped if the mitigation require- ments of the South Florida Water Management District and the Army Corps can be satisfied, that the petitioner will not have to come back with the County and deal with another set of mitigation requirements. Page 5 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 Dr . Snyder expressed the concern that the lake simply not be a water management lake and that some habitat value be put back into the lake. Mr. Wass de Czege said that typically the South Florida Water Management District will accept nothing less than a 50 foot wide littoral area for their mitiga- tion requirements. Dr . Snyder mentioned lake management and Mr. Wass de Czege said the South Florida Water Management District requires a five year monitoring program. He said the District stipulates that no herbicides will be used for clearing and that items such as cattails can be removed manually. Ms. Polen referred to the EIS, Section 5-1 .0 that states alternatives to the proposed action have been considered. She asked if any alternatives to the lake shape have been considered and Mr. Duane responded not at this point . She suggested shaping the lake in a "Z" shape so that the full , viable head of the wetland could be protected. Mr . Duane said the petitioner is amenable to making changes in the configuration of the lake. Ms. Polen referred to Stipulation #11 as being control structures which will be designated by South Florida Water Management District , Collier County Engineering and Water Management Departments, which will help keep the wetland supplied with the water it needs. Responding to Dr. Snyder, Mr . Duane referred to Stipulation #12 and said the petitioner is in agreement to make minor changes to this plan and that the petitioner is fundamentally in agreement with Stipulation #12 as long as there is not a major point of departure from the mitigation requirements being imposed upon the petitioner. He said he would look to County staff for guidance. Dr. Snyder asked if there is a County-wide plan for Red Cockaded Woodpeckers since he was not sure that RCW' s can be dealt with effectively on a PUD by PUD basis? Mr. Burch said that RCW have not specifi- cally been identified for protection plans but that will be one of the species staff will plan to address in the future. Dr . Snyder suggested writing a memorandum to the Board of County Page 6 it ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 Commissioners stating the EAC wants RCW' s on the federal list and Mr . Burch said that would be an appropriate approach. Responding to Mr. Addison, Mr . Wass de Czege said the larger buffer areas will be maintained with existing vegetation and as many trees as possible will be left in the other areas and they will be replanted if trees cannot be left . At Mr. Turrell ' s suggestion, Stipulation #14 was added that parking lot islands and buffer zones will remain in their natural state to the maximum extent possible. Mr . Duane said he was in agreement to this statement but clarified that out- side of Lots 1 , 2 and 3 , all the areas that are depicted on the PUD Master Plan that are presently shown as open space will retain the existing native vegetation or will be enhanced with new native vegetation. SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr. Addison to recommend approval of Petition R-89-17 subject to the staff stipulations indicated below including No. 14. Seconded by Mr. Turrell. 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 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. Page 7 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 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 (giant airplant, wild pine and butterfly orchid) 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 loca- tions, if warranted, shall be identified on the site plan. 9. The preservation area/s shall be delineated by a signed and sealed professional survey on the site plan. 10 . A natural vegetation buffer shall be required around protected wetlands at least ten ( 10) feet wide. 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 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 pre- served, 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. Page 8 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 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" . c . Lake mitigation in the lake designated on conceptual site plan shall include littoral zone plantings of native, aquatic vegetation. 13 . Petition shall be subject to all Collier County Ordinances in effect at commencement of construction. 14. Outside of Lots 1 , 2 and 3, open space areas depicted on the PUD Master Plan will retain existing native vegeta- tion or will be enhanced by additional native vegetation. ***** PETITION NO. R-89-20 FILED BY/FOR: Robert L. Duane of Hole, Montes and Associates, Inc . representing Fredrick R. Pauly, Trustee. REQUESTING: A zoning change from A-2 to PUD "Crestwood" . REPRESENTED BY: Mr . Robert L. Duane COMMENTS: Mr . Duane said this petition refers to a 9 acre project adjacent to the eastern edge of I-75 and Immokalee Road and incorporates a conservation area which he outlined on an aerial photograph. He indicated a wetland that is part of a system shared with the adjoining property. He said the peti- tioner concurs with staff comments to share with the adjoining property immediately to the east . He explained that he met on a number of occasions with those property owners, trying to combine the plans, but he was unable to do that . He said, therefore, the only access to the site has to be along the edge of the wetland area. He said no Subdivision Master Plan has been submitted as part of this petition which typically decides right-of-way. He said he wanted to ensure the minimal amount of right- of-way be depicted on the plan for access to this parcel , whenever the Subdivision Master Plan is brought before the EAC . He said the subdivision requirements require an 84 foot right-of-way with commercial properties. He said he would like to Page 9 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 leave the EAC with some confidence that this is the kind of a plan the petitioner can implement . Mr. Wass de Czege, Environmental Consultant with Southern Biomes, said all the areas around Immokalee Road and I-75 have been greatly depleted as far as wetlands and a good portion of the area is melaleuca. He said the only system that is "hanging on" is the portion in the corner of Immokalee Road and I-75 . He said the only access to the parcel goes through some of the best parts of the wetland. He said there is a culvert that drains the wetlands into the Immokalee Road Canal . He said the road will act as a berm to help retain the water in the system and try to put it into a functional wetland again. Ms. Polen said the retention area would be a lake on this site. She said the road would go through the wetland, since there is no alternative to access the site, and her concern is for mitigation in that area. She said she could not speak for reduction in road widths and that she has addressed the subject to reduce the impact on the wetland in Stipulation #11 . She said possibly there might be a stemwall that reduces the amount of road shoulder erosion into the wetland and helps contain the road system. She said there will be a retention pipe under the road that will help regulate the water in the wetland. She said another pipe is depicted on the water management diagram that would be from the lake to the wetland that would have to be adjusted accordingly as a control structure elevation in Stipulation #10 . She said the main goal for this project would be to preserve the wetland. Mr. Duane requested inclusion of language to encourage the requirement of the least amount of road right-of-way to satisfy transportation manage- ment practices. Mr. Turrell said in the past the EAC has made a stipulation that requests the County staff work together on this project and the adjacent project . Mr. Duane said the petitioner is supportive of anything that can be done to retain the entire system intact . He said the adjacent site is A-2 and they are not in the zoning process or a deve- lopment mode. Page 10 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 1 Mr . Duane said this project is located in the acti- vity center and is proceeding through the zoning process. During the ensuing discussion, Mr . Neale suggested a stipulation be included in the EAC approval that there be consideration to maintaining the integrity of the wetland and pass this along to Water Management and others. Dr . Snyder suggested Stipulation #13 language that the petitioner shall minimize the width of the right-of-way for the access road for maximum preservation of wetlands. Mr . Duane concurred. Mr . Neale suggested Stipulation #14 language that the EAC recommends coordination between DER, South Florida Water Management District and other rele- vant agencies and the petitioner is to attempt to maximize the preservation of contiguous wetlands located on the subject property and the adjacent property. It was the consensus to add Stipulation #15 that would indicate that a 25 ' natural vegetated buffer be retained along the southern boundary of the pro- perty. SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr . Addison to recommend approval of Petition R-89-20 subject to the stipulations indi- cated below. Seconded by Mr . Turrell . Carried 4/0 . 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 species in landscaping) . 3 . Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance 89-53 (removal of exotic species) . Page 11 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 /'\ 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. 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 6 . 3 . 4) 7 . Protected plant species (butterfly orchid and wild pine) 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 identified on the site plan. 8 . The conservation area shall be delineated by a signed and sealed professional survey on the site plan. 9 . A natural vegetation buffer shall be required around protected wetlands at least ten ( 10) feet wide . 10. 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 engineering and Water Management Department . 11 . 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 pre- served, 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. Page 12 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 1 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" . c . Lake mitigation in the lake designated on conceptual site plan shall include littoral zone plantings of native, aquatic vegetation. 12 . Petition shall be subject to all Collier County Ordinances in effect at commencement of construction. 13 . Petitioner shall minimize the width of the right-of-way for the access road for maximum preservation of wetlands. 14. The EAC recommends coordination between DER, South Florida Water Management District , other relevant agen- cies and the petitioner is to attempt to maximize the preservation of contiguous wetlands located on the sub- ject property and the adjacent property. 15 . A minimum of 25 ' natural , vegetated buffer along the southern boundary shall be retained on the property. ***** PETITION NO. ST-89-9 FILED BY/FOR: Jack L. Abney of Anchor Engineering, representing Richard F. Haynes, Jr . REQUESTING: A Special Treatment permit to construct a fish camp and dock REPRESENTED BY: Mr. Mark Pinkney COMMENTS: Mr. Mark Pinkney, of Anchor Engineering, explained that Jack Abney is no longer with Anchor Engineering. He said this is a petition for an ST permit for a fish camp style house to be used as a weekend and vacation home on Little Marco Island. He said, for a couple of years, the petitioner has been trying to resolve conflicting regulations bet- ween the requirements for an ST zone and HRS requirements for approval of a building permit for a house to be used for dwelling purposes. He said the conflicts have been resolved with a compromise that the proposed house would not have a water uti- Page 13 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 lity system. He explained all the water to be used would be provided either from cisterns or from water brought onto the island. He said the propo- sesd sewage disposal system is a modified version using perforated pipe without a gravel drainfield. He said Mr . Haynes agrees to the staff stipula- tions. He said, with regard to gopher tortoises, Mr. Haynes has installed a two foot high chicken wire fence staked around the area where the house is to be constructed, with a narrow portion going to the waterway. He said a section of fence will block off the portion going to the waterway which can be removed temporarily to bring in materials. He said that portion will be closed after materials are in so there is no chance that the tortoises can get into the area while construction is underway. Ms. Polen said a main concern for the EAC is to address the type of construction of the septic tank system, since a septic tank was not originally a part of the fish camp definition. Responding to Mr. Addison, Mr. Pinkney said it was his understanding a 900 gallon septic tank was a requirement of HRS . He said the reason was due to the limited type of disposal field which does not have a gravel bed. He said native sand is being used with filter fabric wrapped pipe embedded in the sand in order to reduce the amount of digging that has to be done and because it is a problem to haul gravel to the site. He said since the type of drainfield has a reduced capacity it would be bene- ficial to have a bigger capacity septic tank to provide more holding. Responding to Mr. Neale, Mr. Pinkney said the pipe is manufactured and sold with a geotechnical synthetic fabric sock designed to not deteriorate in buried conditions, and has been used success- fully in the past . He said the fabric keeps the sand from getting in the pipe. Mr. Neale asked if there was any percolation data on what the area looks like and Mr. Pinkney indi- cated the defined area for the drainfield on a map. He pointed to a cross section of the two pieces of 10" slotted wrapped pipe with a 4" connection pipe. He said normally there are 4" diameter pipes in a drainfield and there will be storage effect in the Page 14 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 � I larger pipe. He said there was a septic system site evaluation normally required by HRS that indi- cated there is sand to the depth of 6 feet which should provide adequate percolation. In response to Dr . Snyder, Mr . Pinkney said in a typical drainfield there is gravel bed area that would be removed. He said with the proposed system a 12" wide section will be dug that should be varied to miss natural vegetation. Ms. Polen said Ms. Andrea Stevens went to the site and she distributed Ms. Stevens ' vegetation listing to the EAC members. She said the western half is more cleared, which is the proposed site for the home. Mr. Neale requested that the EAC include a state- ment in the minutes that while in general the EAC is opposed to the principle of the development of a barrier island, the EAC will approve this petition. SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Dr. Snyder to recommend approval of Petition ST-89-9 subject to stipulations indicated below. Seconded by Mr. Turrell . Carried 2/1 . (Mr. Neale opposed. Mr. Addison abstained) 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 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) . Page 15 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 5 . Only a "Fish-Camp" style of housing shall be permitted on site. 6 . A 900 gallon septic tank and 2-10 inch off-centered X 50 feet slotted, perforated, fabric wrapped pipes buried (without gravel) to a maximum of 16 inches underground shall be the recommended waste disposal system. 7 . A passive power source ( i .e. . portable gasoline genera- tor) shall be used for construction power . The peti- tioner has stated that the gasoline generator will be replaced with solar cells and a battery pack. 8 . Any fresh water on site shall be hand carried or collected by a cistern. 9. The petitioner shall satisfy all regulations concerning dock construction as mandated by Collier County Planning 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. The above-mentioned agencies shall be con- ^ tacted in regards to dock construction because all waters surrounding Little Marco Island have been designated as part of an Aquatic Preserve area, and as Outstanding Florida Waters. 10 . Vegetation removal will be limited to only accommodate the house/dock on pilings. 11 . The petitioner shall consult with and adhere to the guidelines of the Florida Game and Fresh Water Fish Commission concerning the protection of the gopher tor- toise (Gopherus polyphemus) . A gopher tortoise burrow was observed on site. ****RECESS: 10:25 A.M. RECONVENED: 10:35 A.M. **** Following the recess, a lengthy discussion ensued. Mr. Pinkney referred to a letter dated April 18 , 1988 from the Natural Resources Management Office and he read the definition of a Fish Camp from the EAC as follows: a dwelling for human use typically harboring the following characteristics, elevated on pilings, open aired, passive energy use, e.g. wind, solar, etc. , without water utilities such as water, sewer lines or underground septic lines, constructed with little to no Page 16 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 disturbance of surrounding natural occurring biological communities associated with waterfront areas. Ms. Polen said at the EAC meeting on October 18, 1989 Environmental Specialist Barbara Prynoski mentioned, at the request of the County, the petitioner downscaled to 1000 square feet on this project . She said the project has been redesigned to a 1200 square foot home. She said the EAC members ' packets have limited information that did not reflect the 1200 square foot home. Mr. Pinkney gave a chronology of the application with Anchor Engineering submitting Mr. Haynes ' revised drawings on April 21 , 1989 . Mr. Burch said that sub- mission may have been where the 1000 square foot limit originated and would be specific to this project . Ms. Polen said the fish camp definition does not stipu- late the exact amount of square footage but the layout of this house indicates that there is additional room that would, not be necessary for a fish camp type home. Dr. Snyder said the definition that EAC has kept in mind is that anything larger than 1000 square feet is likely n to be more elaborate and require more utilities and create more surface disturbance than the EAC felt appropriate on barrier islands. Mr . Neale stated for the record that the EAC members did not have a full packet on this project and the only information they had was the staff memorandum. Mr. Pinkney said Anchor Engineering was not aware of the discrepancy between 1000 square feet and 1200 square feet and he did not have any information that the owner is aware of it . He said he understood that the EAC wanted to reconsider the vote in light of the facts. He said he was sure Mr. Haynes would rather build a 1000 square foot fish camp house than none at all . He said if the EAC wanted to include stipulations to that effect and have the petitioner submit revised plans to staff, the petitioner would like to move forward on the project. Mr . Addison clarified when the petition first came in Mr . Eric Worsham said the buiding should be 1000 square feet and when the EAC voted on it today it is much larger, to which Ms. Polen concurred. Page 17 • ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 Following continued discussion, Dr . Snyder suggested amending the EAC approval and amend Stipulation No. 5 to read the total footprint of the structure shall not exceed 1000 square feet . MOTION: Made by Mr. Turrell to approve Petition ST-89-9 subject to the stipulations above with Stipulation No. 5 amended as indicated below. Seconded by Dr. Snyder. Carried 2/1 , (Mr. Neale opposed. ) Mr. Addison abstained. AMENDED STIPULATION: 5 . Only a "Fish-Camp" style of housing shall be permitted on site. The total footprint of the structure shall not exceed 1000 square feet . Mr. Neale recommended that staff redraft the Fish Camp definition reflecting the 1000 square footprint rule. ***** ITEM: Addendum - Bald Eagle Ordinance COMMENTS: Mr . Burch requested that the EAC members read the Bald Eagle Ordinance and submit comments of technical review or criteria that is data supported to him by the first week in January. ***** ITEM: Addendum - Interim Manatee Protection Plan COMMENTS: Mr . Burch said by order of the Governor and Cabinet Collier County had to devise an Interim Manatee Protection Plan. He said choices that were given was either a slow speed zone within 300 feet of all shorelines or a 20/30 mile an hour speed restric- tions for all County water, 30 mph being for navi- gation ways and 20 mph for all other County water . He said staff recommended adopting the 20 and 30 mph speed restrictions and this was approved by the Board of County Commissioners on December 19, 1989, with the exempted areas for recreational water sports and the Caxambus Pass area to have stronger • restrictions because manatees are known to inhabit that area. He said this Plan will be sent to Tallahassee later this date to have it there within the timeframe of December 26, 1989. Page 18 ENVIRONMENTAL ADVISORY COUNCIL DECEMBER 20, 1989 Responding to Mr. Turrell , Mr . Burch said there will be an opportunity to extend the area around Caxambus Pass in the Overall Manatee Protection Plan within the next few weeks. He said the Interim Manatee Protection Plan will go into effect in late May, 1990 . Mr. Addison requested staff look into the Red Cockaded Woodpecker issue and Mr . Burch said they are looking into it . ***** ITEM: Amend minutes with November 27, 1989 EAC memorandum to the Board of County Commissioners COMMENTS: Dr. Snyder requested that the above memorandum be included in minutes of this meeting. ***** ITEM: Sharon Kurgis Ginter Resignation COMMENTS: Dr. Snyder said he would like to recognize that it was a pleasure to work with Sharon Kurgis Ginter and wish her well . Mr. Addison suggesting adding Mrs. Ginter ' s com- ments that she feels the EAC review process is necessary for regulating the quality of development in our rapidly growing community. ***** There being no further business, the meeting was adjourned by Order of the Chair. ENVIRONMENTAL ADVISORY COMMITTEE Dr. James Snyder, Chairman Page 19 DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Barbara Burgeson Environmental Specialist I DATE: January 11, 1990 RE: PU-89-20: Ray M. Eilers and P. J. Noe; requesting a provisional use "h" of A-2 for botanical gardens and aviaries Petitioner requests a provisional use for the development of botanical gardens and aviaries on a 5 ± acre parcel. The property is located 660 feet west of Sanctuary Road on the southside of an access road called 2nd Avenue North; near Corkscrew Swamp Sanctuary. A private residence will be located on the southern half of the site. The petitioner proposes to preserve the existing native habitat and to landscape the property with native vegetation. All exotic plants shall be removed from the property prior to the issuance of a certificate of occupancy. Those plants to be removed include the Brazilian pepper (Schinus terebinthifolius) , and Melalueca (Melaleuca spp. ) found on-site. In consideration of the use and proximity of the property to environmentally sensitive areas in Corkscrew the staff recommends approval of petition PU-89-20 subject to the following conditions: 1. Petitioner shall be subject to Ordinance No. 82-2 as amended by Ordinance 89-57 (use of native species in landscaping) . 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 No. 75-21 as amended by Ordinance 89-58 (preservation of native habitat) . -1- 4 . The walking path for the bird gardens shall be natural or pervious materials to retain the natural groundcover characteristics of the area. 5. Petitioner shall obtain and submit documentation of necessary local, state and federal permits. Staff Reports, PU-89-20 ew -2- PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 1/17/1990 Petition: R-89-28: Robert L. Duane, AICP of Hole Montes & Associates, Inc. , representing Fredrick R. Pauly, Trustee; requesting a zoning change from A-2 to PUD. "Brentwood" Considerations: 1. Location/Proposal: The 18 . 6 ± acre tract is located on the southeast corner of the Immokalee Road and I-75 Interchange. It is bounded on the west by undeveloped A-2 zoned land and on the east by Estates (single family, minimum 2 1/4 acre lots) zoned lands. The proposed contemplates development of six tracts. APPROX. TRACT USES ACREAGE INTENSITY one Retail, Office or 1.4 acres 12, 000 sq. ft. Commercial two Commerce & related 12 .4 acres . 35 to .45 three Business Park Uses Bldg. Coverage four per tract. five six Retention Area (lake) 3 . 1 acres Conservation Area 1.2 acres Wetlands 0.5 acres Total 18. 6 acres ± 2 . Site DescriptionJVegetation: A site inspection of the subject property was conducted on December 8, 1989, by Kimberly Polen (Collier County Planning Services) and Barbara Prynoski (Collier County Project Review Services) , accompanied by Geza Wass de Cezege (Southern Biomes, EIS) . All jurisdictional Staff Report R-89-28 EAC Meeting 1-20-90 Page 2 wetlands, 1.8 acres, indicated on the vegetation map have been accepted by U.S. Army corps of engineers. Only the southern wetlands, .48 acres, have been accepted by South Florida Water Management District. The Department of Environmental Regulation delineation has not been indicated. The northernmost portion of the site appears to have been impacted by drainage and fire, which has altered the hydrology and plant community to upland conditions. Dominant vegetation, within the northwestern corner, consists of wax myrtle (Myrica cerifera) canopy with broomsedge (Andropogon spp. ) and other graminoid ground cover. Dominant vegetation, within the northeastern corner, consists of scattered slash pines (Pinus elliotti) and cypress (Taxodium distichum) , clumps of wax myrtle, Brazilian pepper (Schinus terebinthifolius) , saw palmetto (Serenoa repens) , nattle grass (Rhynchelytrum repens) , broomsedge, three-awn (aristida spp. ) , hat pins (Eriocaulon spp. ) and other herbaceous cover. The central to the southern portion of the site was once a cypress or cypress-pine forest which has been altered, burned and regenerated into a melaleuca (Melaleuca spp. ) dominated forest. The canopy of melaleuca appears to have invaded the area, with a few remnant cypress and pine trees remaining. Cabbage palm (Sabal palmetto) , dahoon (Ilex cassine) , wax myrtle, buckthorn (Bumilia spp. ) sedges (Cyperus & Carex spp. ) , rushes (Juncus & Rhynchospora spp. ) , saw grass (Cladium Jamaicensis) , swamp fern (Blechnum serralatum) and other herbaceous cover is also found in this portion. Along the southernmost boundary there are pine-cypress wetlands consisting of a mix of slash pine and cypress trees, clusters of wax myrtle, dahoon, buckthorn, some Brazilian pepper and melalueca, swamp fern, sedges, rushes, saw grass, three-awn, broomsedge, hat pins, and graminoid species. 3 . Comments and Concerns: There are approximately 1.80 acres of jurisdictional wetlands on site of which 1. 3 acres are being proposed for development and .5 acres for preservation; therefore additional mitigation shall be required. This mitigation shall reflect the intent of Collier County Comprehensive Plan objectives 6.2 and 6. 3 and associated policies. Staff Report R-89-28 EAC Meeting 1-20-90 Page 3 Since the wetlands are shared by two land owners, it would be beneficial to the water management plans of both parties to create a single watershed for these wetlands, and divert water into the system from both parcels. Four protected plant species are on the subject site; habenaria orchid (Habinaria spp. ) , marsh fern (Thelypteris palustris) , giant airplant (Tillandsia utriculata) , and airplant (Tillandsia valenzuelana) . These species are listed as protected by the Florida Department of Agriculture. Recommendations: In consideration of the above concerns, staff recommends approval of petition R-89-28 subject to the following conditions: 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) . Staff Report R-89-28 EAC Meeting 1-20-90 Page 4 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 identified on the site plan. 9 . The preservation/conservation area/s 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 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 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 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" . Staff Report R-89-28 EAC Meeting 1-20-90 Page 5 c. Lake mitigation in the lake designated on conceptual site plan shall include littoral zone plantings of native, aquatic vegetation. 13 . Petition shall be subject to all Collier County Ordinances in effect at commencement of construction. PREPARED BY: DATE: /j y© KIMBERLY J. POLEN REVIEWED BY: e�"°`fe <7i!?*'!'``;/ 4 DATE: /4 le KENNETH W. ✓BAGINSKI KJP/ew Staff Reports, R-89-28 PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 1/17/1990 Petition: R-89-6/DRI-89-1/CPA-89-1: Mark Morton of The Halstatt Partnership; requesting a zoning change from A-2 to PUD and Development of Regional Impact approval (Halstatt DRI/PUD) . Considerations: 1. Location/Proposal: The Halstatt DRI is planned as a 1601. 39 acre mixed use residential development and golf course community 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 Gate Parkway. The property is 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. The Halstatt DRI is also transversed by several Florida Power and Light easements along the eastern border, north and south of Golden Gate parkway. Halstatt DRI has an overall development program which proposes the following: PHASE I-III (1989-2010) Single Family Residential (up to 4 units/acre) 830 units/acre Multi-family Residential-low (up to 6 units/acre) 628 units/acre Multi-family Residential-med. (up to 8 units/acre) 675 units/acre Multi-family Residential-high (up to 10 units/acre) 267 units/acre Office - gross floor area 797, 453 sq. ft. Commercial,retail & town center - gross leasable area 649, 638 sq. ft. Hotel 250 rooms Golf Course (18 hole) with club facilities 3 (54 holes) PHASE I - 1990-1995 PHASE II - 1996-2001 PHASE III - 2002-2010 Staff Report R-89-6/DRI-89-1/CPA-89-1 EAC Meeting 1-17-90 Page 2 The partnership anticipates development will occur first in the northeast quadrant, then in the northwest quadrant, and finally in the southeast quadrant. PROPOSED LAND USE SUMMARY Northeast and Southeast Quadrants Acreages Percentages Residential 391.8 ± 31.4 % Commercial/Office 98 . 4 ± 7.9 % Golf Course/Recreation/Park/ROW 577. 1 ± 46. 3 % Conservation/Lake/Water Management 180. 1 ± 14.4 % Sub-total 1, 247.4 ± 100. 0 % Northwest Quadrant Acreages Percentages Residential 122 . 0 ± 34 .5 % Commercial/Office 30. 0 ± 8. 5 % Golf Course/Recreation/Park/ROW 115.4 ± 32 . 6 % Conservation/Lake/Water Management 86. 6 ± 24 . 4 % Sub-total 354 . 0 ± 100. 0 % 2 . Site Description/Vegetation: 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. These wetlands are indicated by the appropriate Florida Land Use, Cover and Forms Classification System designations Map F, Vegetation Map. Acres of Wetlands Approximate Cover Type Acreage 610 - Wetland Forest, Hardwood 1. 3 ± 621 - Cypress Domes or Strands 5.7 ± 624 - Cypress, Pine, Cabbage Palm 1.4 ± 6241 - Cypress, Pine, Cabbage Palm, Exotics 1.8 ± 630 - Wetland Forest, Mixed 19 .7 ± 6301 - Wetland Forested, Mixed with Exotics 53 .7 ± Total = 5. 2% of the total acreage (83 . 6 ±) Staff Report R-89-6/DRI-89-1/CPA-89-1 EAC Meeting 1-17-90 Page 3 Map F contains descriptions of 10 vegetation associations (excluding row Crops, Fallow Crop Lands and Reservoirs) . These associations were identified and delineated through direct field observations and review of current and historical aerial photography. Uplands have been categorized into four (4) vegetation associations. ACRES OF UPLANDS Approximate Cover Type Acreage 411 - Pine Flatwoods 84 . 9 ± 4111 - Pine Flatwoods, With Exotics 563 . 3 ± 422 - Brazilian pepper 22 . 2 ± 422/6301 - Brazilian pepper/Wetland Forest, mixed with Exotics 22 . 1 ± 424 - Melaleuca . 5 ± Total = 43 . 3% of the total acreage (693 . 0 ±) REMAINING ACRES Approximate Cover Type Acreage 163/533 - Extractive Rock Pit/Reservoir 61.7 ± 214 - ROW Crops 388 .4 ± 261 - Fallow Cropland 283 .5 ± 743 - Spoil Areas 14 .4 ± 744 - Fill Areas 4 . 5 ± 814 - Roads & Highways 23 .9 ± 832 - Electrical Power Transmission Lines 45.2 ± 834 - Sewage Treatment 1.8 ± Total = 51. 5 % of the total acreage (823 .4 ±) 3 . Comments and Concerns: Department of Environmental Regulation (DER) , U. S. Army Corps of Engineers (ACOE) , and South Florida Water Management District (SFWMD) jurisdictional boundaries need to be indicated on the Subdivision Master Plan. Approximately 83 . 6 acres of wetlands have been indicated on site of which 28. 0 acres are being proposed for preservation, 28 . 0 acres are being proposed for water management/retention and 27. 6 acres are being impacted. Therefore, additional mitigation shall be required. This Staff Report R-89-6/DRI-89-1/CPA-89-1 EAC Meeting 1-17-90 Page 4 mitigation will reflect the intent of Collier County Comprehensive Plan Objectives 6.2 and 6. 3 and associated policies. Excavation of lakes around cypress wetlands reduces the diversity of the understory vegetation. Support data shall be required that indicates that the cypress domes/strands will remain complete, viable habitats or be enhanced due to the proposed excavation/water management plan (Collier County Comprehensive Plan Policies 6. 2 . 2 and 6.2. 13 . The golf club maintenance center is located adjacent to the headwaters of the Gordon River. Golf course pesticides, fertilizers, and other "maintenance" chemicals will be stored there. 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 the upper reaches of the Gordon River will not be adversely impacted (Collier County Comprehensive Objective 2 .2 and associated policies) . One protected plant species has been identified on site, butterfly orchid (Encyclis tampensis) . This species is listed as protected by Florida Department of Agriculture. Petitioner should identify method used to calculate number of gopher tortoises present on site (Collier County Comprehensive Plan objective 7. 3 . 6) . Florida Game and Fresh Water Fish Commission (FGFWFC) Methodology requires that, for a gopher tortoise survey, burrows be identified as: 1) active, 2) inactive, and 3) abandoned. Active and inactive are added then multiplied by Franz-Auttenberg Factor. This would 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. Recommendations: In consideration of the above concerns, staff recommends approval of petition R-89-6/DRI-89-1/CPA-89-1 subject to the following conditions: 1. Petitioner shall indicate on the Subdivision Master Plan at least a minimum of 25% of the viable naturally functioning native vegetation on site that shall be retained (Collier County Comprehensive Plan Objectives Staff Report R-89-6/DRI-89-1/CPA-89-1 EAC Meeting 1-17-90 Page 5 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) . 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 archaeological or historical site, artifact or other indicator of preservation) . 5. A member of the Southwest Archaeological Society shall accompany the petitioner and a County representative to assess the northwestern wetland area for possible archaeological resources. 6. Petitioner shall obtain all necessary local, state and federal permits. Petitioner shall submit a survey, signed and sealed by a professional surveyor, depicting all wetland jurisdictional areas of the Department of Environmental Regulations (DER) , U. S. Army corps of Engineers (ACOE) , and South Florida Water Management District (SFWMD) . [Chapter 177 Florida Statues] 7. 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) . 8. Petitioner shall be subject to Collier County Comprehensive Plan Policies 7. 3 .4 and 7. 3 .8. 9. 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) . Staff Report R-89-6/DRI-89-1/CPA-89-1 EAC Meeting 1-17-90 Page 6 10. Protected plant species (butterfly orchid) and those which may be observed during each development phase shall be protected from injury or relocated on site. The existing locations as well as the transplantation locations, if warranted, shall be identified on the site clearing plan for each phase of development. 11. Prior to develoment emergency contingency plans shall be required to address potential chemical related accidents, or the golf maintenance center shall be relocated to ensure that the upper reaches of the Gordon River will not adversely be impacted (Collier County Comprehensive Plan Objective 2 . 2 and associated policies) . 12 . Preservation or conservation areas shall be delineated by a signed and sealed professional survey on the construction plans and platted plots. 13 . Buffers around protected wetlands shall comply with South Florida Water Management District and Collier County Environmental Review criteria. 14 . 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 engineering and Water Management Department (Collier County Comprehensive Plan Policies 6.2 . 2 and 6.2 . 13) . 15. Prior to the Site Development Plan submittal, all boundaries of the County jurisdictional wetland areas shall be flagged by the petitioner and field verified by Collier County Environmental Staff. 16. 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 development plan approval. Compensation proposals shall provide reasonable assurance that resource impacts will be offset. Staff Report R-89-6/DRI-89-1/CPA-89-1 EAC Meeting 1-17-90 Page 7 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 responsible 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 establishment of habitat value. Vegetation retained and supplemented shall focus on wildlife value and establishment of native vegetative "communities" . c. Lake mitigation in the lake designated on conceptual site plan shall include littoral zone plantings of native, aquatic vegetation. 17 . Petitioner shall be subject to all 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. PREPARED BY: � DATE: /////y KIMBERLY . POLEN 64; DATE: REVIEWED BY: ! ,��� 404,/4 KENNETH W. BAGINSKI