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EAC Agenda 12/20/1989 ENVIRONMENTAL ADVISORY COUNCIL AGENDA December 20, 1989 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. R-89-30/PU-89-21: Robert L. Duane, AICP of Hole, Montes and Associates, Inc. , representing Anita M. Pittman; requesting a zoning change from MHRP to C-6 and a provisional use "c" of C-6 zoning district for a funeral home (expansion of parking) . 2 . PU-89-13 : Donald A. Pickworth of Asbell, Hains, Doyle and Pickworth P.A. , representing the Fraternal Order of Eagles #4028; requesting a provisional use "d" of E zoning district for Social and Fraternal Organization. V. OLD BUSINESS VI. PUBLIC HEARINGS A. R-89-17: Robert L. Duane, AICP of Hole, Montes & Associates, Inc. , representing William M. Pogue, Davis Boulevard Partners; requesting a zoning change from A-2 to PUD "Neapolitan Park" . B. R-89-20: Robert L. Duane of Hole, Montes and Associates, Inc. , representing Fredrick R. Pauly, Trustee; requesting a zoning change from A-2 to PUD "Crestwood" . C. ST-89-9 : Jack L. Abney of Anchor Engineering representing, Richard F. Haynes Jr. ; requesting a Special Treatment permit to construct a fish camp and dock on the northern end of Lilite Marco Island (Part of Government Lot 5, Section 24, Township 51S, Range 25E) . 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, December 18, 1989, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. Please refer to notice on first floor, Building F, for the location of the E.A.C. meeting. C. Items added after agenda was sent out. D. No action since last Council meeting. E. On January 7, 1987 the E.A.C. adopted a policy that any person addressing the E.A.C. on behalf of any organization must present a letter from said organization acknowledging them as a representative empowered to make policy related comments on that subject. ************************************************************* PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** *********** ********** ************************************************************* MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE : November 15 , 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 KURGIS ABS POLEN X NEALE X PRYNOSKI X SNYDER X BAGINSKI TURRELL X PETTROW LORENZ MINUTES BY: Elinor Skinner and Ellie Hoffman, Deputy Clerks CALLED TO ORDER AT : 8 : 45 A.M. ADJOURNED: 11 : 10 A.M. PRESIDING : Dr . James Snyder, Vice-Chairman ADDENDA TO THE AGENDA: Added by Mr . Neale discussion of EAC position of the review of future peti- tions and the proposed merger of EAC and WMAB. APPROVAL OF MINUTES : October 18 , 1989 Page 1 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 ITEM: MINUTES OF OCTOBER 18, 1989 MEETING MOTION: Made by Mr. Neale to approve the minutes of the meeting of October 18, 1989 with the following change. Seconded by Mr. Turrell. Carried unanimously. 1 . Page 11 , final paragraph in stipulation 10 change "lake ' s" to "lakes '" . ***** PETITION NO. PU-89-12: William C. McAnly REQUESTING: A PUD amendment to Crystal Lake R.V. Resort PUD. COMMENTS: Consensus of EAC members that this petition be administratively approved. ***** PETITION NO. PU-89-17 FILED BY/FOR: John Lee of Hole, Montes & Associates, Inc . , repre- senting Ron Boggess & Joey Moore REQUESTING: A provisional use "b" of Industrial zoning district for a salvage yard. REPRESENTED BY: Mr. John Lee COMMENTS: Mr. Lee explained that the petitioner is proposing to utilize the site on Tamiami Trail as a salvage yard which has been used in the past for dumping of excess concrete. He said the concrete is proposed to be broken up and that the wetlands to the east will be used for water management purposes. He stated that he visited the site with Environmental Specialist Prynoski and she found no problem with the proposal . Environmental Specialist Prynoski stated that the site is altered and that she visited the site on October 12 , 1989, noting it contains exotic vegeta- tion, and much discarded material . She explained that the the major concerns have been the wetlands and they are addressed by stipulations 5 and 6. She said that staff feels the petitioner should have a plan that indicates how he would dispose of gas tanks and this matter is addressed in stipula- tions 7 and 8 . Page 2 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 In response to Mr. Neale, Mr. Lee said that dispo- sal of decontaminates will be addressed when the petition is presented to the Water Management Advisory Board. Mr . Lee said that the petitioner has no problem with staff stipulations. Mr. Lee explained that a concrete crusher pad has been designed that will be depressed in the center . He said that the question of mitigation will be addressed at the time of site review. SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr. Neale to recommend approval of PU-89-17. Seconded by Mr. Turrell. Carried unanimously. 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisi- tion of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases 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 possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . 2 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and pre- serve areas. Following site development, a main- tenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 3 . If , during the course of site clearing, excavation, or other constructional activities, an archaeologi- cal or historical site, artifact , or other indica- Page 3 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 tor is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 4 . Petitioner shall submit site plan indicating wetland jurisdictional lines of at least one of the state and federal permitting agencies prior to Collier County preliminary site development plan approval . All applicable local, state and federal permits shall be obtained prior to final site development plan approval . 5 . The wetlands along the eastern boundary shall be enhanced by exotic vegetation removal and removal of concrete in areas where viable, native wetland vegetation will not be impacted. Water shall be pretreated prior to entrance into the wetlands. 6 . A twenty-five foot vegetated buffer shall be planted around the wetland areas on the eastern boundary as required by South Florida Water Management District . 7 . Petitioner shall submit to the County a plan for proper disposal and monitoring of contaminants. 8 Petitioner shall satisfy concrete fill violation with DER prior to County Final Site Development Plan approval . ***** PETITION NO. R-89-15 FILED BY/FOR: William C. McAnly, P.E. of William C. McAnly & Associates, P.A. , representing George & Sandra Downey REQUESTING: A zoning change from A-2 to PUD "Silver Lakes PUD" . Page 4 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 REPRESENTED BY: Dwight Nadeau of William C . McAnly & Assoc. , Inc. COMMENTS: Mr. Nadeau said the petitioner is requesting rezoning to PUD for a park/travel trailer develop- ment for 585 units on 146 acres. He said that a 9 hole golf course will be included. He explained he visited the site with Ms. Polen and that the peti- tioner has no objection to the stipulations. Ms. Polen stated that she discovered that the federal government has recently acquired property within 1 ,000 feet of the petitioner' s property and she would recommend that the Corps of Engineers or the South Florida Water Management should do a jurisdictional walk of the property due to the high density of about 4 units per acre that is being requested. In response to Dr. Snyder, Mr. Nadeau stated that approximately 3% of the site would be identified as wetland and about 50% would be open space which would be approximately 72 acres including the FPL easement . SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr. Turrell to recommend approval of Petition R-89-15 with an amendment at the beginning of stipulation No. 5 and the stipulations as indicated below. Seconded by Mr. Neale. Carried unanimously. 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisi- tion of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases 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 possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . Page 5 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for al landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval . The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the groundcover shall be native species. At the discretion of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of groundcover. For example, the use of 70% native trees could allow the use of only 50% of native groundcover . This plan shall depict the incorporation of native spe- cies and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, , -N shall be removed during each phase of construction from development areas, open space areas, and pre- serve areas. Following site development , a main- tenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4. If , during the course of site clearing, excavation, or other constructional activities, an archaeologi- cal or historical site, artifact , or other indica- tor is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Page 6 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15 , 1989 5 . The County Planning, Environmental Services, Southwest Florida Water Management District and US Corps of Engineers shall coordinate design of water management of this and adjacent property to mini- mize impact on two properties. Mitigation involving viable, naturally functioning tran- sitional wetlands shall be recognized and approved by Collier County (Collier County Growth Management Plan Sec . 6. 3) , and ACOE and SFWMD. 6 . The constructed lakes shall maintain a littoral zone around the lake with typical native aquatic vegetation relocated from on site and/or propagated by commercial sources . A littoral zone will be designed in accordance with SFWMD and ACOE permit specifications. 7 . All jurisdictional wetlands, preservation areas shall be flagged by the petitioner prior to any construction. These areas shall be field approved by Collier County Planning Services Environmental Review staff . Areas shall not be altered or modified with the exception of exotic vegetation removal , from the natural state unless otherwise stipulated in an approved mitigation plan. 8 . Prior to development activities, wetlands, preser- vation areas, buffer zones, natural vegetation/landscape areas or other area designated protected during the site plan review process shall be clearly marked by suitable barriers or visual markers no closer than six feet from such areas. 9 . The projects plans shall be brought to the atten- tion of Rookery Bay Aquatic Preserve Manager for review. sssss PETITION NO. R-89-18 FILED BY/FOR: Robert L. Duane, of Hole, Montes and Associates, Inc . , representing John J. Nevins, as Bishop of the Diocese of Venice REQUESTING: A zoning change from PUD/RSF-3 to PUD "St . Peters Catholic Church" . REPRESENTED BY: John Lee of Hole, Montes and Associates, Inc . Page 7 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 COMMENTS: Mr. Lee explained the site of this petition is on Rattlesnake Hammock Road and has already been cleared. He said there are a few pine trees on the property and that the site development plan will preserve as many of these trees as possible. Ms. Prynoski said that she requested that the following statement be added to stipulation 1 : "Parking area be re-designed to maximize retention of existing, shall viable native vegetation on site i .e. slash pines on western portion of proposed parking per Ordinance 89-58 . " Mr . Lee agreed with the amended stipulation. SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr. Addison to recommend approval of R-89-18 subject to the stipulations indicated below. Seconded by Mr. Neale. Carried unani- mously. 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisi- tion of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . Parking area shall be re-designed to maxi- mize retention of existing, viable native vegeta- tion on site i .e. slash pines on western portion of proposed parking per Ordinance 89-58. 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval . Page 8 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the discretion of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover. For example, the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat charac- teristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and pre- serve areas. Following site development , a main- tenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Ccmunity Development Division. 4. If , during the course of site clearing, excavation, or other constructional activities, an archaeologi- cal or historical site, artifact, or other indica- tor is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. ***** PETITION NO. R-89-14 Page 9 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15 , 1989 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. "Breezwood" . REPRESENTED BY: Mr . John Lee COMMENTS: Mr . Lee explained this petition refers to a 7-1/2 acre project at the intersection of I-75 and Immokalee Road being proposed to be rezoned to a PUD for commercial uses . He said that the Corps of Engineers and the County have set some jurisdictional lines on 1 . 12 acres of wetlands. He explained that on the adjoining tract to the west some Red Cockaded Woodpecker starter holes and cavity trees have been identified and therefore slightly over 1/2 an acre to the rear of the site has been set aside for a conser- vation area for additional foraging for these birds . Mr . Lee stated that Ms. Polen has visited the site with Robert Duane of Hole, Montes and Associates, Inc . Ms. Polen said that her main concern regarding the ", Red Cockaded Woodpecker has been addressed by the conservation area to be kept in its natural state . A discussion ensued regarding wetlands that extend from the property in this petition to a small area on the adjoining property. Mr . Lee explained that the majority of wetlands will be on the property in this petition. In response to Dr . Snyder, Ms. Polen stated there are 6 . 16 acres designated for the conservation area on the southern portion of the property. He said as many trees as possible will be retained on the site, adding that the site plan has not been developed. Mr . Neale asked if Staff could work together with the petitioners for this property and the adjacent pro- perty to coordinate the two projects and Ms. Prynoski said that staff would have no objections to this suggestion. Mr . Lee said that 0 . 25 acre of the willow island in the center will be left alone and that some dredging will be done for the lake to satisfy the water mana- gement requirements. Page 10 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15 , 1989 In response to Dr. Snyder, Mr. Geza Wass de Cezege, Environmental Consultant of Southern Biomes explained he reviewed this property and the adjacent property and that the majority of the cavity trees for the Red Cockaded Woodpecker are on the adjoining 46 acres. SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr. Neale to recommend approval of R-89-14 sub- ject to stipulations as indicated. Seconded by Mr_. Turrell. Carried unanimously. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisi- tion of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval . The landscape design shall incorporate a minimum of 60% native plants, by number , including trees, shrubs, and ground cover. At least 606 of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover . For example, the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall depict the incorporation of Page 11 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat charac- teristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and pre- serve areas. Following site development, a main- tenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4. If, during the course of site clearing, excavation, or other constructional activities, an archaeologi- cal or historical site, artifact, or other indica- tor is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5 . At least an eighty (80) foot buffer (preservation of . 61+ acres) will be set aside for foraging habi- tat for the red cockaded woodpeckers (RCW) colo- nizing on adjacent tracts of land. This conservation area will be left in its native state as long as the RCW' s are present in the immediate vicinity. Note: Viable foraging habitat within a RCW colony range becomes jurisdictional to Florida Game and Fresh Water Fish Commission and the U.S . Fish and Wildlife Service. 6 . In the retention area, indicated on the master plan, a 0. 25 acre of existing wetland habitat will be set aside for preservation. The wetland will have a natural vegetated littoral zone by utilizing Page 12 • ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 the plant materials from the excavated area of the marsh. 7 . All jurisdictional wetlands, preservation areas shall be flagged by the petitioner prior to any construction. These areas shall be field approved by Collier County Planning Services Environmental Review staff . Areas shall not be altered or modified, with the exception of exotic vegetation removal, from the natural state unless otherwise stipulated in an approved mitigation plan. 8 . Prior to development activities, wetlands, preser- vation areas, buffer zones, natural vegetation/landscape areas or other area designated protected during the site plan review process shall be clearly marked by suitable barriers or visual markers no closer than six feet from such areas. 9. EAC recommends that the Collier County Planning Services, Collier County Environmental Services, Southwest Florida Water Management District and U.S. Army Corps of Engineers coordinate the design of the water management and site plans of this and the adjacent development to minimize impact of the two adjacent developments on the jointly held wetland. ***** ***** Recess: 9:30 A.M. - Reconvened: 9:45 A.M. ***** PETITION NO. R-89-24/PU-89-19 FILED BY/FOR: Mr . Fred N. Thomas, Jr. , Executive Director of Collier County Housing Authority REQUESTING: A zoning change from A-1MH to RSF-4 and a provi- sional use "B" of RSF-4 for group housing for the Farm Worker Village in Immokalee REPRESENTED BY: Mr . Fred N. Thomas COMMENTS: Attorney Bruce Anderson explained that his firm is providing assistance to the Collier County Housing Authority on this project . He stated that Mr. Dick Lewis from Anchor Engineering, Project Engineer, Page 13 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 was present to respond to questions. He stated the petition calls for expansion of Farm Workers village by 50 units. Mr . Fred Thomas, Executive Director of Collier County Housing Authority, explained plans to save all pine trees possible that are over 12 inches. He said that all hardwood trees will be removed and replanted as part of the landscaping, following development . He said there are small oaks that will be used in the landscape pattern. Ms. Polen stated she discussed her request with Mr. Thomas for a buffered zone along SR-29 this date, adding she wanted to include both banks of the canal . Mr. Thomas said he discussed the 80 foot easement requested by the South Florida Water Management District with Mr. Robertson and he has no dif- ficulty with this request . SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr. Turrell to recommend approval of Petition R-89-24/PU-89-19 with the stipulations as indicated below. Seconded by Mr. Neale. Carried unanimously. STIPULATIONS: 1 . Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . 2 . Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all Page 14 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval . The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover. For example, the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat charac- teristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and pre- serve areas. Following site development , a main- tenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 4 . If , during the course of site clearing, excavation, or other constructional activities, an archaeologi- cal or historical site, artifact, or other indica- tor is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5 . ACOE permit shall be obtained and a copy will be forwarded to Collier County Planning Services Page 15 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 Environmental Review Staff (CCPSERS) . If required ACOE mitigation alters the proposed R-89-24, the site plan shall be subject to the review process in effect at that time. 6. All jurisdictional wetlands, preserve/conservation areas shall be flagged by the petitioner prior to any construction. These areas shall be field approved by CCPSERS. Areas shall not be altered or modified, with the exception of exotic vegetation removal , from the natural state unless otherwise stipulated in an approved mitigation plan. 7 . A native, existing vegetated (or native species supplemented) buffer zone shall be provided around the entire site, except in areas where limits of sod abuts property lines, through retention areas, and around roads and culverts. The buffer zone shall be a minimum of sixty (60) feet and increased where feasible. 8 . To provide maximum preservation of trees and wildlife habitat value, existing native vegetation shall be used in landscaping. Slash pines and oaks, indicated on the tree survey, outside the line of construction activities (buildings, paved & park areas) shall be retained. 9. Documentation of approval of the survey (methodology and results) conducted by petitioner ' s agent and/or a letter obtained from the FGFWFC stating if there are any sensitive habitats con- cerning protected animal species. If so required or if during development activities, protected spe- cies are encountered, CCPSERS shall immediately be notified and project designs shall be adjusted, if warranted. ***** PETITION NO. R-89-13/SMP-89-10 FILED BY/FOR: William Payne, P.E. of Hole, Montes & Assoc . , Inc. representing Peninsula Improvement Corporation REQUESTING: A zoning change from A-2 & A-2ST to PUD "Hawks Ridge" . REPRESENTED BY: Mr. Mark Morton Page 16 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 COMMENTS: Mr. Mark Morton, of Peninsula Improvement Corporation, said that technical staff was present to respond to questions members might have. He described the surrounding land use as contained in the staff report . He said there have been two site visits by his company personnel with the County and one visit by County staff alone. He explained that the U.S. Army Corps of Engineers has binding juris- diction on the project and stated that the South Florida Water Management District has given their jurisdictional approval . He described the type of vegetation on the site as pine flatwoods with several isolated wetlands, one in the northwest area being a substantial cypress system. Mr. Morton said the petitioner is in total agreement with the mitigation Ms. Prynsoski has requested. Mr. Morton referred to a small site that may be an archaeological center and said he would go to the area with John Berault to investigate it . Ms. Prynoski explained her primary concern is that her assessment of the wetland line is more landward than South Florida Water Management District indi- cated and that more mitigation will be required than originally planned. She said that stipulation 8 will better address her specific concerns. Mr . Morton reviewed the wording contained in the proposed stipulations contained on the letter dated November 14, 1989 to Ms. Prynoski from Mr. Brian Nelson of Peninsula Improvement Corporation. Ms. Prynoski referred to stipulation 1 and requested the stipulation to read, "Petitioner shall comply with Ordinance 89-17 which includes by reference Ordinance 75-21 as amended by Ordinance 89-58 . " Mr. Morton agreed. Ms. Prynoski referred to stipulation 3 and requested the following language, referring to the exotic removal ordinance; "Petitioner shall comply with Ordinance 89-17 which includes by reference Ordinance 82-37 as amended by Ordinance 89-53" . Mr. Morton referred to stipulation 5 and explained someone had pointed out to him that there is no Page 17 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 timeframe regarding the archaeological resources and Ms. Prynoski said that Mr. Berault said he would be willing to go to the site anytime con- venient for staff and petitioner. She said that she agreed with the stipulation as amended in the previously mentioned letter . Mr. Morton said there were some disagreements on stipulations 6 and 7 . He referred to the amended language of "Petitioner shall obtain all necessary local , state and federal permits" and that there is also wording regarding submitting signed and sealed plans. He described the process used by the Army Corps of Engineers and the South Florida Water Management District regarding designating the area of their jurisdiction and that only one aerial is sent to the petitioner which states the date the representative of the Corps or South Florida Water Management District went to the site and approved the jurisdictional area. He said he could not get an engineering firm to sign and seal this aerial because it is the Corps ' line and not the engi- neering firm's line. Ms. Prynoski said that it is not necessary for a registered engineer to sign and seal the line but a registered land surveyor could do it . Mr. Morton said a registered land surveyor will not sign someone elses identified line. He said that the Army Corps of Engineers has already issued a request for filling the wetlands on the site and that the Water Management District handles that through their review process. Ms. Prynoski said she included this requirement because in construction review this information will be requested. She said she would be comfor- table removing this language because it will be requested in the review process. Mr. Neale asked Mr. Morton if he would be willing to supply to the County a copy of the information he received from the South Florida Water Management District and he indicated that those letters have already been submitted. Mr. Morton said that the PUD ordinance covers all environmental stipulations and includes language that says an appropriate protected species survey Page 18 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15 , 1989 using current methodology of Florida Game and Fresh Water Fish Commission shall be required for deve- lopments greater than 10 acres as part of the County' s EIS Review Process. He said there is wording in the ordinance that the County shall notify the Florida Game and Fresh Water Fish Commission of the existence of any species which staff discovers as a result of that survey and that the County shall consider recommendations of proto- col by them if something is found. He said the petitioner has done a survey and no species were seen and now the petitioner is being required to give documentation and is asking the Florida Game and Fresh Water Fish Commission to sign off on that documentation and do the coordination with the Commission. He said what he has read in the Comprehensive Plan is that the idea is to require the survey to be done and hopes that Staff agrees that competent environmental consultants were used to do the survey. Mr. Tim Durham, of Wilson, Miller, Barton, Soll and Peek, the Environmental Consultant , said his firm used standard methodology required by the Florida Game and Fresh Water Fish Commission and, at this point, he is not aware of any procedure with the Commission for them to approve survey methods. Ms. Prynoski said she would like the petitioner to sub- mit documentation of the survey to Collier County Project Review Staff, adding she wants the documen- tation to include how long the consultant was on the site, what times of day, who was involved in the survey, etc . so she can assess it against methodology approved. Mr. Morton agreed to submit this information to staff . Mr. Neale said wording regarding documentation of the survey performed and the data obtained from that survey will be formulated for stipulation 7 . ***Recess 10:30 A.M. - Reconvened 10:40 A.M. at which time Deputy Clerk Hoffman replaced Recording Secretary Skinner*** Ms. Prynoski stated that she is in agreement with the amended language for Stipulations 9, 10, 11, 12, and 14(a) , as provided in the letter dated November 14, 1989, from Peninsula Improvement Corporation. Page 19 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 With reference to Peninsula' s proposed amended language for Stipulation 14(b) , Ms. Prynoski suggested the addition of the following verbiage: established by the developer, and that said programs to be reviewed and approved by Collier County Project Review Staff. " Mr. Morton advised that he concurs with the addi- tional verbiage as added by Ms. Prynoski. With regard to Peninsula's amended language of Stipulation 14(c) , Ms. Prynoski reported that she concurs. Ms. Prynoski called attention to Stipulation 15, and noted that Peninsula desires to delete the language in its entirety. She noted that she is willing to negotiate on the verbiage, but is not comfortable with deleting this stipulation. A discussion took place relating to various suggested language changes. It was the consensus of the Council, that Stipulation 15 read as follows: "Petitioner shall be subject to all ordi- nances in effect at the time of final approval of the PUD" . MOTION: Made by Mr. Neale to recommend approval of Petition R-89-13/SMP-89-10, subject to the stipulations as noted below. Seconded by Mr. Addison. Carried 4/0. STIPULATIONS: 1 . Petitioner shall comply with Ordinance 89-17 , which includes by reference Ordinance 75-21 as amended by Ordinance 89-58 . 2 . Native species shall be utilized as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval . The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the direction of the County Page 20 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover. For example, the use of 70% native trees could allow the use of only 50% native ground cover . This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat charac- teristics lost on the site during construction or due to past activities. 3 . The Petitioner shall comply with Ordinance 89-17 , which includes by reference Ordinance 82-37, as amended by Ordinance 89-53 . 4. If, during the course of site clearing, excavation, or other constructional activities, an archaeologi- cal or historical site, artifact, or other indica- tor is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5. A member of the Southwest Archaeological Society shall accompany the petitioner and a County repre- sentative to assess the northwest wetland area for possible archaeological resources. 6. Petitioner shall obtain all necessary local, state and federal permits. 7 . Documentation of completion of a survey (methodology and results) conducted according to Florida Game and Fresh Water Fish Commission Standards by Petitioner' s Agent shall be submitted to Collier County Planning Services. In the event active protected species nests or borrows are encountered during development activities, the Collier County Planning Services Environmental Review staff shall be notified immediately and pro- ject designs shall be adjusted, if warranted. Page 21 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15 , 1989 8 . Protected plant species (which include the but- terfly orchid and wild pine) 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 loca- tions, if warranted, shall be identified on the site clearing plan for each phase of development. 9. Preserve or conservation areas shall be delineated by a signed and sealed professional survey on the final plat map. 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 main- tain or improve adequate hydroperiods. The control structure elevation shall be designed to meet the requirements of South Florida Water Management District . 12 . Boundaries of the County jurisdictional wetland areas shall be flagged by the petitioner and field verified by Collier County Environmental Staff prior to construction permits. 13 . Site clearing plan and approvals shall be phased with construction. No clearing shall be allowed in the southwest corner of the property until plans are submitted for the multi-family tract . 14(a) . Quantitative criteria for mitigation shall be based on the results of final field determinations made by the South Florida Water Management District and Collier County Environmental Staff at the time of construction permits. Compensation proposals shall provide reasonable assurance that resource impacts will be offset . Areas of mitigation shall include, but shall not be limited to the northwest wetland, central wetland, lake designated on conceptual site plan, and upland areas such as cul-de-sacs, open space and buffer zones. 14(b) . Mitigation plans proposed in wetlands to be pre- served, restored, enhanced shall include a descrip- tion of area ( location and size) , vegetation proposed to be planted, source of vegetation (transplantation from impacted areas preferred) , Page 22 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 hydrologic regime, exotic vegetation removal, moni- toring and maintenance plan. Monitoring and main- tenance 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 Planning Review Staff . 14(c) . Mitigation proposed in upland areas shall emphasize the retention of existing vegetation and shall focus on establishment of native vegetative "communities. " 15 . 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. *** ITEM: Addendum - Proposed Reorganization/Combination of Review Boards COMMENTS: Mr. Turrell stated that he has spoken with Ms. Kurgis, who has resigned from the EAC. He reported that Ms. Kurgis noted that she does not have a problem with the merger of the Water Management Advisory Board and the EAC, but indicated that she does have a problem with discontinuing the indivi- dual reviews of each project, and will note same in her letter of resignation. Mr. Turrell explained that he believes that it would be a good idea for the Council to send direc- tion to those involved in the merger of the two Boards, and advise that the EAC does not object to merging with the WMAB, but it does desire to con- tinue with the project reviews. Ms. Prynoski indicated that she feels that it would be a good idea for the EAC to formalize their response to the Board of County Commissioners. Mr. Neale concurred that it is vital to maintain reviewing projects that are of a certain size with certain impacts. Mr . Addison stated that there has got to be some discretion with Staff , and if there is a question, the EAC members should be contacted. Page 23 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15, 1989 Dr. Snyder explained that the new combined Board will be involved with the creation of new ordinan- ces, but noted that until the new ordinances are adopted, the same level of review should be main- tained. It was the consensus of the Council that Mr. Neale draft a formal response to the Board of County Commissioners, and provide copy of the draft to the members by the week after Thanksgiving. *** ITEM: Next Meeting to be held on December 20, 1989. COMMENTS: Ms. Prynoski advised that the next EAC meeting will be on December 20, 1989 . There being no further business, the meeting was adjourned by Order of the Chair. ENVIRONMENTAL ADVISORY COMMITTEE Dr. James Snyder, Vice Chairman Page 24 DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Jeff A. Adair 9' a' Environmental Specialist I DATE: December 14, 1989 RE: R-89-30/PU-89-21: Robert L. Duane of Hole, Montes and Associates, Inc. , representing Anita M. Pittman; requesting a zoning change form MHRP to C-6, and a provisional use for the expansion of a parking lot for a funeral home and accessory uses associated with an existing single-family house being converted to storage or administrative space. Petitioner requests a rezone change and a provisional use for a parking lot expansion and activities associated with storage or administrative space on a 0. 5 acre site located on the south side of U. S. 41, directly behind the Pittman Funeral Parlor, between Bayshore Drive and Airport Road. Subject property is bordered on the east by Bamboo Drive, on the south by a residential road, and on the west by a mobile home park. The site has been previously cleared and is presently used as a single family residence. The house will be converted for storage or administrative space. Much of the existing vegetation consists of exotic and ornamental species. Native tree species which exist include several slash pine (Pinus elliottii) and cabbage palm (Sabal palmetto) , one laurel oak (Quercus laurifolia) , and one southern red cedar (Juniperus silicicola) . Since the site has been heavily impacted, staff recommends administrative approval of petition R-89-30/PU-89-21 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 . Shall be subject to County Ordinance No. 82-37 as amended by Ordinance 89-53 (removal of exotic species) . -1- 3 . Shall be subject to County Ordinance No. 89-57 (use of native species in landscaping) . 4 . Native tree species existing within the landscape buffer shall be retained. 5. Native tree species within the proposed development area shall be either retained, transplanted to the landscape buffer, or be replaced in the landscape buffer by the same species of nursery stock having a minimal height of 15 feet. Staff Reports, R-89-30/PU-89-21 ew -2- DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Jeff Adair "' 6' Environmental Specialist I DATE: December 14, 1989 RE: PU-89-13 : Donald A. Pickworth of Asbell, Hains, Doyle and Pickworth P.A. , representing the Fraternal Order of Eagles #4028; requesting a provisional use "d" of E zoning district for Social and Fraternal Organization. Petitioner requests a provisional use for the purpose of constructing a 10, 000 square foot building, with sufficient parking for one hundred (100) cars, to house social and fraternal activities. The 2 .7 acre site is located between Green Boulevard and 15th Ave. S.W. , 660 feet west of CR 951 (S15, T49S, R26E) . Subject property is bordered on the north by 15th Ave. S.W. , on the south by Green Boulevard and on the east and west by vacant lots. The site has been previously cleared, but has remained vacant and has re-colonized with native species. Dominant species include slash pine (Pinus elliottii) , cabbage palm (Sabal palmetto) , saw palmetto (Serenoa repens) , cypress (Taxodium spp. ) , greenbrier (Smilax spp. ) , and muscadine grape (Vitis rodundifolia) . Wax myrtle (Myrica cerifera) , swamp bay (Persea palustrus) , and swamp fern (Blechnum serrulatum) are also present. Since the site has been heavily impacted in the past, staff recommends administrative approval of petition PU-89-13 subject to the following stipulations: 1. The northern portion of the property shall not be developed: this portion is defined as the entire 180 foot width of the property, and from the 15th Ave. S.W. property line south 260 feet. Greenbrier and muscadine grape shall be removed from all native trees within this area in an effort to enhance the health of the remaining habitat. This area may be used for passive recreation or dry retention. -1- 2 . Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance 89-58 (preservation of native habitat) . 3 . Shall be subject to County Ordinance No. 82-37 as amended by Ordinance 89-53 (removal of exotic species) . 4 . Shall be subject to County Ordinance No. 89-57 (use of native species in landscaping) . Staff Reports, PU-89-13 ew -2- PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 12/20/1989 Petition: R-89-17: Robert L. Duane, AICP of Hole, Montes & Associates, Inc. , representing William M. Pogue, Davis Boulevard Partners; requesting a zoning change from A-2 to PUD "Neapolitan Park" . Considerations: 1. Location/Proposal: The 20 ± acre tract is located near the northeast corner of Santa Barbara and Davis Boulevard. It is bounded on the west by commercial zoned land and on the east by undeveloped A-2 zoned lands. The proposed contemplates development of five tracts. Tracts one (1) , two (2) and three (3) that front onto Davis Boulevard are permitted the full range of commercial uses. Tract four (4) is permitted office or motel use only. Tract five (5) is permitted residential land uses. Approx. Tract Use Acreage Intensity One Commercial 1.2 .25 Bldg. Coverage Two Commercial 1.2 .25 Bldg. Coverage Three Commercial 1. 1 .25 Bldg. Coverage Four Office/Motel 6.2 150, 000 Square Feet Five Multi-family Res. 6.9 81 Units Land Use Approximate Area Buildings 2 . 8 acres ± Pavement 7. 8 acres ± Wetlands 1. 5 acres ± Lakes 1. 3 acres ± Open Space 6. 6 acres ± Total 20. 0 acres ± Staff Report R-89-17 EAC Meeting 12/20/89 Page 2 2 . Site Description/Vegetation: A site inspection of the subject property was conducted on December 12, 1989, by Kimberly Polen (Collier County Planning Services) . This generally flat site naturally drains to the large, viable wetland in the northeastern portion of the site. The wetland (16%/site) is a cypress wetland with cypress (Taxodium distichum) and slash pine (Pinus elliotti) of various ages situated along the perimeter. Midstory vegetation is dominated with buttonbush (Cephalanthus sp. ) , wax myrtle (Myrica cerifera) and a few Brazilian pepper (Schinus terebinthifolius) , and ground cover is dominated with swamp fern (Blechnum serrulatum) , saw grass (Cladium lamaicensis) , low panicum (Panicum sp. ) , rushes (Juncus & Rhynchospora sp. ) and St. John's Wort (Hvpericum sp. ) . Two thirds of the area (43%/site) surrounding the cypress wetland is pine-saw palmetto flatwoods composed of graminoid species with slash pine, wax myrtle, saw palmetto (Serenoa repens) , and some melaleuca (Melaleuca sp. ) and Brazilian pepper. The remaining third is pine wet prairie forest and melaleuca invaded area. 3 . 2 acres (16%/site) consists of pine wet prairie forest which is an old cypress slough system dominated with mature pines and a herbaceous understory of saw grass fimbristylis (Fimbristylis sp. ) , low panicum, rushes and sedges (Cypress & Carex sp. ) . 2 . 0 acres (10%/site) consists of areas that have been altered by hydrology and fire. Melaleuca has invaded the area, with a few remnant cypress and pine trees remaining. The south end as well as two other areas (15%/site) consist of pine - cypress forest. This is a cypress forest with scattered slash pines that have grown into the areas due to hydroperiod alterations. Midstory vegetation is open with scattered wax myrtle, Brazilian pepper and buckthorn (Bumilia sp. ) , and ground cover is dominated by graminoid species swamp fern, saw grass, sedges, rushes, low panicum, St. John's wort, and hat pins (Eriocaulon sp. ) . 3 . Comments and Concerns: There are 8. 5 acres of potential Red-Cockaded Woodpecker (RCW) foraging habitat on the site which may require a portion of it to be set aside as RCW preserve. In accordance to Florida Game and Fresh Water Fish Commission (FGFWFC) and U. S. Fish and Staff Report R-89-17 EAC Meeting 12/20/89 Page 3 Wildlife Service (FWS) guidelines and authorization, viable foraging habitat within an RCW colony range becomes jurisdictional to these agencies. Guidelines are set forth for development and management of these habitats. Four protected plant species are on the subject site; giant airplant (tillandsia utriculata) , airplant (Tillandsia valenzuelana) , wild pine (Tillandsia fasciculata) and butterfly orchid (Encyclis tempensis) . These species are listed as protected by the Florida Department of Agriculture. There are 9 .7 acres of viable jurisdictional wetlands on site of which 7 . 2 acres are being proposed for development and 2 . 5 acres for preservation/retention; therefore, additional mitigation shall be required. This mitigation will reflect the intent of Collier County Comprehensive Plan objectives 6.2 and 6. 3 and associated policies. Recommendations: In consideration of the above concerns, staff recommends approval of petition R-89-17 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. Staff Report R-89-17 EAC Meeting 12/20/89 Page 4 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, 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 locations, 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 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. Staff Report R-89-17 EAC Meeting 12/20/89 Page 5 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. PREPARED BY: �,,�-je/Z/ G DATE: � //i/g KIMBER .R POLEN REVIEWED BY: ,.//G if at? ' DATE: /Z��,5 KENNETH W. AGINSKI Staff Reports, R-89-17 ew PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 12/20/1989 Petition: R-89-20: Robert L. Duane of Hole, Montes and Associates, Inc. , representing Fredrick R. Pauly, Trustee; requesting a zoning change from A-2 to PUD "Crestwood" . Considerations: 1. Location/Proposal: The 8. 2 ± acre tract is located on the southeast corner of the Immokalee Road and I-75 interchange. It is bounded on the west by a PUD and on the East by undeveloped A-2 zoned lands. The proposed contemplates development of two tracts. Tract I is 1. 3 acres in area and permits the full range of retail uses. Tract II is 6. 0 acres in area and is limited to non-retail commercial uses. Land Use Approximate Area Buildings 1. 2 acres ± Pavement 2 . 9 acres ± Wetlands 2 .2 acres ± Lake .4 acre ± Open Space 1.5 acres ± Total 8.2 acres ± An Environmental Impact Statement (EIS) waiver was granted for several reasons. First, the area appears to have been impacted in the past (fire and drainage) and has been heavily overgrown with melaleuca (Melaleuca sp) . Secondly, the viable wetland area will be incorporated into the proposed site plan. 2 . Site Description/Vegetation A site inspection of the subject property was conducted on December 8, 1989, by Kimberly Polen (Collier County Staff Report R-89-20 EAC Meeting 12/20/89 Page 2 Planning Services) and Barbara Prynoski (Collier County Project Review Services) , accompanied by Geza Wass de Cezege (Southern Biomes, EIS) . All jurisdictional wetlands, indicated on the vegetation map, have been accepted by U. S. Army Corps of Engineers. Only the northern wetland has been accepted by South Florida water Management District. The Department of Environmental Regulation delineation has not been indicated. The northwestern corner of the site appears to have been impacted by drainage, which has altered the hydrology and plant community to upland conditions. Dominant vegetation consists of scattered slash pine (Pinus elliottii) , scattered cypress (Taxodium distichum) , wax myrtle (Myrica cerifera) , Brazilian pepper (Schinus terebinthifolius) , muscadine grape vine (Vitis rotundifolia) and other graminoid ground cover. The northeastern corner of the site consists of approximately 2 . 1 acres of viable wetlands, which are: 1) willow pond (0. 4A) , 2) a freshwater marsh (0.8A) , 3) a cypress wetland (0. 1A) and 4) a wax myrtle/swamp fern marsh (0. 8A) . The southwestern corner of the site consists of approximately 0. 8 acres of wetlands that contain mostly melaleuca, scattered slash pine and cypress, wax myrtle, Brazilian pepper, saw grass (Cladium jamaicensis) , panic grass (Panicum amarulum) , sedges, and other wetland herbaceous ground cover. The southeastern corner and central portion of the site contains mostly melaleuca, some pine, a few cypress, wax myrtle, wire grass (Aristida stricta) , panic grass, sedges, and other graminoid ground cover. 3 . Comments and Concerns 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. Staff Report R-89-20 EAC Meeting 12/20/89 Page 3 The most logical access to the site would be through the adjoining property, following the path of the existing dirt road. Since the optimum situation is not available road access, to the site, is limited to impacting the most viable jurisdictional wetlands on site; therefore, additional mitigation shall be required. This mitigation will reflect the intent of the Collier County Comprehensive Plan objectives 6.2 and 6. 3 and associated policies. Two protected plant species are on the subject site; butterfly orchid (Encyclis tempensis) and wild pine (Tillandsia fasciculata) . These species are listed as protected by the Florida Department of Agriculture. A naturally vegetated littoral zone (edge) , supplemented by utilizing the plant materials form the excavated area of the marsh, would create an attractive amenity, help restore the hydroperiod, and provide additional retention without the loss of upland space. Recommendations: In consideration of the above concerns, staff recommends approval of petition R-89-20 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. Staff Report R-89-20 EAC Meeting 12/20/89 Page 4 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 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" . PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 12/20/1989 Petition: ST-89-9: Anchor Engineering representing, Richard F. Haynes Jr. ; requesting a Special Treatment permit to build home on Little Marco Island. Part of Gov. Lot 5, Section 24, Township 51S, Range 25E. Considerations: 1. The subject property is a one acre lot located 250 feet north of the Marco River Cruise Club on the northern end of Little Marco Island. The area is zoned as A-2 with an "Special Treatment" (ST) overlay. 2 . The proposed development includes a "Fish Camp" style stilt house to be situated on the west side of the island, 60 feet east of the Little Marco Pass shoreline. The proposed home will be used as a weekend or vacation retreat. In addition, the petitioner is proposing the construction of a 60 foot dock perpendicular to the western shoreline. The dock will not extend beyond existing docks in the area. 3 . Because of conflict with the ST Zoning Ordinance and the section of the Zoning Code and Florida Health and Rehabilitative Services (HRS) regulations involving disposal of wastewater prevents the issuance of building permits. Originally, a chemical treatment system was proposed for waste disposal. Now, a 900 gallon septic tank and 2 - 10" off-centered X 50' slotted, perforated, fabric wrapped pipe buried (without gravel) at a maximum of 16" underground is being proposed for a waste disposal system. HRS requires every home to have an approved water supply connected to an improved disposal system; therefore, the petitioner is willing to comply with what County structural people would consider primitive camps without imposing the design standards of the HRS and the hurricane velocity zone design standards. 4. A portable gasoline generator will be used for construction power, which will eventually be replaced subsequently with solar cells and a battery pack. Staff Report ST-89-9 EAC Meeting 12/20/89 Page 2 5. Any fresh water needed on site will be hand carried or collected by a cistern. 6. All waters surrounding Little Marco Island have been designated as part of an Aquatic Preserve. 7. Little Marco Island and nearby interior barrier islands are included within the Rookery Bay National Estuarine Sanctuary. 8 . According to the petitioner, only enough vegetation will be removed to accommodate the house/dock on pilings. 9. A gopher tortoise burrow has been found on site; therefore, protection measures shall be designed to preserve the endangered species and its habitat. Recommendations: In consideration of the above concerns, staff recommends approval of petition ST-89-9 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. Only a "Fish-Camp" style of housing shall be permitted on site. 1 Staff Report ST-89-9 EAC Meeting 12/20/89 Page 3 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 generator) shall be used for construction power. The petitioner 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 contacted 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 tortoise (Gopherus polyphemus) . A gopher tortoise burrow was observed on site. / /// -/ -r) 7,/ // - PREPARED BY: / , Y'rZ� - Vie" ' DATE: KIMBERLY POLEN REVIEWED BY: 7/1 f'1 11)GG,�I. /- DATE: 7�/�S l KENNETH W.1/ AGINSKI Staff Reports, ST-89-9 ew