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EAC Agenda 10/18/1989 ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 18, 1989 8:45 A.M. I . ROLL CALL II . APPROVAL OF MINUTES III . ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. Petition PU-89-16; Robert and Judith Fowski, requesting a provisional use "g" of C-3 for mixed residential and commercial uses. 2 . PDA-89-9; William R. Vines of Vines and Associates, Inc. , representing Naples Development Group; requesting a PUD amendment to Hawk's Nest (AKA Arbor Trace) . V. OLD BUSINESS VI. PUBLIC HEARINGS A. ST-89-4 ; Gus and Susan Landel, requesting and ST permit to build a home with a dock and elevated boardwalk on property located on the North 200 feet of the South 276. 2 feet of Gov. Lot 9 in Section 24 , Township 51 South, Range 25 East. (Little Marco Island) B. PU-89-15 Robert A. Kersteen of GTE Mobilnet of Tampa Inc. , representing Dixie Sky Corp. ; requesting a provisional use 8. 10b of A-1 for Essential Services (Communication Tower) . C. R-89-16; William R. Vines of Vines and Associates, Inc, representing Sand Kastle construction of Naples, Inc. ; requesting a zoning change form A-2 to PUD "April Circle" . VII . NEW BUSINESS A. Creation of an Environmental Advisory Board 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 October 16, 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. ********** *********** ********** ************************************************************* -2- ., A". r MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: September 20, 1989 TIME: 8 :45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center , Naples, Florida EAC STAFF PRESENT ADDISON * BURCH X KURGIS EXC. PRYNOSKI X NEALE X WEEKS X SNYDER X WORSHAM X TURRELL X MINUTES BY: Annaliese Kraft, Deputy Clerk CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 12: 50 P.M. PRESIDING: Dr . James Snyder , Vice Chairman ADDENDA TO THE AGENDA: Items added by Mr . Burch 1. Bald Eagle Protection 2. Landscape Code Development APPROVAL OF MINUTES: August 18 , 1989 *arrived 9 : 00 A.M. Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA September- 20, 1989 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III . ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. PDA-89-11: William R. Vines, AICP of Vines & Associates, Inc. , representing Mobil Oil Corporation; requesting a PUD Amendment to Quail II. 2 . R-89-21: Robert Duane of Hole, Montes and Associates, Inc. , representing I-75 and Alligator Alley Development Corp. , Inc. ; requesting a zoning change from PUD and C-4 to PUD. {Resubmittal of R-89-2/PDA-89-4 with revisions. } 3 . PU-89-14 : • Mark Lamoureux, P.E.: of M L E, representing William F. & Pearl D. White; requesting a provisional use "i" of C-4 for a Hotel/Motel. V. OLD BUSINESS VI. PUBLIC HEARINGS A. R-89-9 : Dr. Neno J. Spagna of Florida Urban Institute, Inc. , representing Mr. Donald G. Cannon; requesting a zoning change from "E" and PUD to PUD (Randall Blvd. PUD) . B. PDA-89-6: Dr. Neno J. Spagna of Florida Urban Institute, Inc. , representing Domenico and Angela Gadaleta; requesting a PUD amendment to Gadaleta PUD (R-87-31C) . CONTINUED FROM 8-16-89 EAC MEETING. C. R-89-12 : Kris A. Dane; P.E. of Coastal Engineering Consultants Inc. representing Astron Development of Naples, Inc. ; requesting a zoning change from Estates to PUD. (Astron Plaza PUD) D. R-89-8: George L. Varnadoe of Young, van Assenderp, Varnadoe, representing Signature Communities, Inc. ; -requesting a zoning change from "E" to PUD. (Five Lakes PUD) VII. NEW BUSINESS A. Eric Worsham - Fish Camp Definition modifications and language changes. CONTINUED FROM 8-16-89 EAC MEETING. B. Update EAC Standard Stipulations where NRMD is referenced, change to Collier County Planning Services. CONTINUED FROM 8-16-89 EAC MEETING. 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 September 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. -2- 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. ********** *********** ********** ************************************************************* -3- ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 ITEM: Minutes of August 18, 1989 s COMMENTS: Ms. Prynoski indicated that on Page 17, Tropical should be Tropicana and under Comments, second paragraph., should read Keith Edwards visited the site on July 25 , 1989 . On Page 22, Dr. Snyder stated that the second complete sentence "In response to Mr . Worsham etc. " should be stricken. Dr . Snyder noted that on Page 12, Stipulation 6 , sited should be changed to "sighted" the first two times. MOTION: Made by Mr. Neale to approve the minutes of August 18, 1989, as amended. Seconded by Mr. Turrell. Carried 3/0. *** ***Mr. Addison arrived at 9:00 A.M. *** PETITION NO. PDA-89-11 FILED BY/FOR: William R. Vines, AICP of Vines & Associates , Inc. , representing Mobil Oil Corporation REQUESTING: PUD Amendment to Quail II REPRESENTED BY: William R. Vines, AICP of Vines & Associates COMMENTS: Dr . Snyder indicated that there are no objections to this petition being administratively approved and no comments, therefore, Staff will administra- tively approve this item. *** PETITION NO. R-89-21 FILED BY/FOR: Robert Duane of Hole, Montes and Associates, Inc. representing I-75 and Alligator Alley Development Corp. , Inc. REQUESTING: A zoning change from PUD and C-4 to PUD. (Resubmittal of R-89-2/PDA-89-4 with revisions) . REPRESENTED BY: Robert Duane of Hole, Montes & Associates, Inc. Page 2 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 COMMENTS: Dr . Snyder indicated that there are no objections to this petition being administratively approved and no comments, therefore, Staff will administra- tively approve this item. *** PETITION NO. PU-89-14 FILED BY/FOR: Mark Lamoureux, P.E. of M L E, representing William F. and Pearl D. White REQUESTING: Provisional Use "i" of C-4 for a Hotel/Motel REPRESENTED BY: Mark Lamoureux, P.E. of M L E COMMENTS: Dr . Snyder indicated that there are no objections to this petition being administratively approved and no comments, therefore, Staff will administra- tively approve this item. *** PETITION NO. R-89-9 FILED BY/FOR: Dr . Neno J. Spagna of Florida Urban Institute, Inc. representing Mr . Donald G. Cannon REQUESTING: A zoning change from "E" and PUD to PUD (Randall Blvd. PUD) REPRESENTED BY: Dr . Neno J. Spagna of Florida Urban Institute, Inc. COMMENTS: Dr . Spagna, representing the petitioner , indicated that the petitioner owns 5 acres of land zoned for a PUD known as Randall Blvd. Center with a parcel of land immediately to the west of the subject 5 acre PUD, currently zoned "E" Estates and in addition the loca- tion where the Golden Gate Fire District Station No. 2 is located. He explained that the petitioner came originally to have the 5 acres zoned PUD and has had difficulty in developing the 5 acres because of the location of the fire station adja- cent to 2-1/2 acres west and the restrictions regarding sewer treatment, and water retention. He reported that there is not sufficient land to be developed into buildings to justify obtaining financing and he decided to rezone the 2-1/2 acre .-� Page 3 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 parcel between the existing PUD and the fire sta • - tion as a more appropriate use. He indicated that he had been on a field trip with Ms. Prynoski , and there are no objections to Staff ' s stipulations. Ms. Prynoski indicated that a field visit was made August 2, 1989, and the environmental concerns do not revolve around vegetation. She reported that the northern area of the site on Randall Blvd. is primarily graminoid cover and appears to have been cleared in the past. She explained that as you proceed backwards there is scattered slash pine, some cypress and other vegetation listed in the Staff report. She noted that the basic environmen- tal concern is that it rests over the Coral Reef Aquifer , which is a future potable water source, and she contacted a County hydrogeologist who indicated that there are no restrictions or protections, but the strictest stipulations should be made. She explained that the stipulations are included in the former PUD and can be read into the record. She explained that they be should be subject to DER regulation and the most stringent options con- cerning underground storage or containment of oils and gas. She pointed out that many times small commercial centers have gasoline stations . Ms. Prynoski expressed concern that this PUD is not in conformance with the Future Land Use Element of the County nor with the sanitary sewer subelement of the Collier County Growth Management Plan. She indicated that she asked the Project Planner to submit a memo for the EAC which is attached to the Staff report. She noted that Project Planner David Weeks can address the future land use conflicts and he has asked that the approval for this Petition be based on environmental considerations only. Mr . Addison questioned if any comments were received from adjacent landowners relative to the rezone? Mr . Spagna indicated that he had not, but Fire Chief Siebold had comments about the location of the sewage treatment plant, but after finding that the location was a considerable distance from the building, he had no objection to it. Mr . Neale questioned where the drainfield is going? Dr . Spagna responded that the drainfield will be south of the vegetation and there are very few Page 4 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 scattered cypress or tree cover on the parcel . He indicated that the drainfield will be south of the cypress trees. A discussion followed about the cypress trees and the drainfields. Dr . Spagna indicated that if no permitting• agencies object to the cypress trees, the petitioner will probably leave them. In response to Dr . Snyder ' s question concerning water retention, Dr . Spagna explained that it will be dry retention and there will be excavation for fill, simply a place to absorb the rainfall. In response to Dr . Snyder ' s inquiry about the vegeta- tion plan for that area , Dr . Spagna indicated this is a seasonal type of retention area and the petitioner will leave whatever vegetation possible. He explained that Golden Gate Estates drains rapidly in the higher elevations and water retention will not sit there for several days. Dr. Snyder expressed concern about the Estate zoning, the high portion of impervious surface, and the site plan providing for 224 parking spaces, while 201 are required. Dr . Spagna indicated that the petitioner does not need to use the additional parking, but includes it so that the petitioner will �-. not have to come back and go through a PUD for additional parking. He explained that if Staff feels at some future time additional parking is needed, it can be approved without going through the entire process . He commented that the petitioner would do without the additional parking spaces , if necessary. Mr . Neale questioned if Stipulation 2b is acceptable? Dr. Spagna indicated that he would like the petitioner to have the option as to whether uses paver bricks or not, and he proposed leaving grass areas and putting in asphalt, not use the paver bricks. A discussion followed about the location of the project. Project Planner Weeks indicated that the existing approved zone site of 5 acres is not consistent with the Comprehensive Plan because the Future Land Use Element states that the maximum parcel size is to be 2-1/2 acres, and this property will be sub- ject to the Zoning Evaluation Program of the Growth Management Plan. He explained that if at the time of the zoning evaluation the site is found to be inconsistent with the plan and not vested, it will Page 5 i r ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 be subject to a zoning change. He commented that the EAC' s review is for environmental type con- sideration as opposed to land use from the stand- point of zoning. Dr . Spagna commented that County Attorney Cuyler has advised Staff that this project is not in compliance with the Comprehensive Plan, but in Dr . Spagna ' s opinion, Attorney Cuyler does not make the determination, and the petitioner ' s position is that he will leave it up to the Board of County Commissioners. He reported that the petitioner will abide by the law and Staff ' s requirements con- cerning the Future Land Use Element and vested rights. Mr . Addison questioned handling the parking space situation, and Dr . Snyder replied that wording will be added to meet the minimum zoning or planning. MOTION: Made by Mr. Neale to recommend approval of Petition R-89-9 subject to Staff stipulations, and modifying Staff Stipulation 2b to add "The minimum number of parking places required by zoning be the amount proved". Seconded by Mr. Addison. Carried 4/0. 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% Page 6 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 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 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. 4 . If, during the course of site clearing, excava- tion, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified . Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5 . This approval is based on environmental con- siderations only. Future Land Use Compliance, Sanitary Sewer Sub-Element Compliance and ultimate approval of R-89-9 is subject to Planning review. Page 7 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 6 . The stipulations approved at the 4/16/86 EAC meeting will be incorporated. They are as follows: a . If possible, structure should be placed to pre- vent the destruction of existing mature, old slash pines. If necessary, the mature cabbage palm should be relocated and used for landscaping. b. Facilities should be designed to reduce the amount of impervious surface; perhaps an alternative would be extensive use of pavement (paver bricks) . The minimum number of parking spaces required by zoning be the amount approved. c. Fiberglass tanks should be used for underground storage of gasoline; in addition, as outlined in Florida Department Environmental Regulation (FDER) regulations , the most stringent options concerning underground, storage, containment, and moni- toring should be used for the gasoline facilities. d. That the EAC call to the Board of County Commissioners ' (BCC) attention that this faci- lity is within an area designated as a future potable water source and advise that the Commission ensure strict follow-up by the FDER, the Collier County Project Review Section, Building Department, and Water Management Department during the final design, permitting, and construction phase. *** PETITION NO. PDA-89-6 FILED BY/FOR: Dr . Neno Spagna of Florida Urban Institute, for Domenico and Angela Gadaleta REQUESTING: A PUD amendment to Gadaleta PUD (R-87-31C) . REPRESENTED BY: Dr. Neno Spagna of Florida Urban Institute COMMENTS: Dr. Spagna requested that Item No. 8 on the prior report read: "Area to be cleared for driving range will not exceed 250 yards beyond the westerly Page 8 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 portion of the driving tee area" an increase from 200 yards; No. 9 also increased from 200 feet to 250 feet; Item No. 10 - adding the wording: "Unless agreed upon by the Natural Resources Management Department" ; with the same general wording for No. 13 - Unless agreed upon by the Natural Resources Management Department. He indi- cated that No. 7 in the current staff report ties down the term "elevated" , as it is ambiguous. Dr . Snyder indicated that it simply means nothing be put on a poured slab. Dr . Spagna indicated that is satisfactory. Dr . Spagna stated that the petitioner has no problem with Staff ' s recommendations and are willing to comply with all of them. He provided a site plan to the EAC, with a super-imposition of the temporary golf course, the approved PUD, photos of the site and aerial photographs . He explained in detail the superimposition of the golf driving range over the original PUD on the displayed diagram. He explained that the dotted line represents the golf driving range, and the solid line represents the PUD as it was originally approved. He noted that all staff corrections have been made, i.e. reducing the number of parking spaces to stay out of the xeric oak colony, moving the building northward to stay out of the oak cluster and redesigning the entrance to the golf driving range to provide a minimum amount of disturbance to the oak cluster , relocating or retaining the few oak trees in the entrance. He explained in detail on the diagram, the conformance of the design with the PUD. He explained that the County' s latest plan does not include extension of water into the area, and the petitioner would like to use this land on a tem- porary basis. He pointed out and explained the vegetation areas to be retained as preserves on the aerial photographs. Ms . Prynoski questioned that this use of the pro- perty has the highest amount of impact of the pro- ject on the habitat as it requires a great deal of • clearing and grassing or sodding the area in order to be a viable and marketable project. She noted that putting grass or sod will change the PH of the soil and scrub oak habitat needs sterile, acidic type soil, generally lacking nutrients. She explained that sod or grass need nutrients and Page 9 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 neutral PH, which will cause stress, require more watering, that scrub oak is not used to, and will promote species that out-compete scrub oak habitat. She expressed concern about the clearing relating to slash pines and habitats, arid suggested imposing a stipulation that there will be no sodding or grassing of the area. Mr . Neale indicated that the tee area displayed could be put in grass, without causing great impact. Mr. Neale questioned the entryway and parking spaces entering the oak habi- tat and the bare land not restricted to the north being used for the driveway and facilities, rather than impacting on the scrub habitat? Dr . Spagna indicated that if the petitioner can come in on the northern portion, they would. Dr . Spagna indicated that this is a better solution. A discussion followed about the original PUD and paving and parking. Mr . Addison noted that some driving ranges have indoor/outdoor carpeting and Dr. Spagna agreed that it is a good idea. In response to Dr . Snyder , Dr . Spagna indicated that the petitioner is realistic and practical and if he cannot grass, the golf balls will probably be picked up by walking. �-. Dr . Snyder questioned the xeric scrub in the center project being maintained as a conservation area? Dr . Spagna pointed out the area on the displayed diagram, and noted that the petitioner will abide by the PUD if it is a gopher tortoise area . A lengthy discussion followed about the preserve areas, and Dr . Spagna pointed them out. Dr . Snyder questioned where the pine trees will be taken out? He noted that he would not like to see trees removed unnecessarily for the intended use . Dr . Spagna commented that the only guarantee available is that a tree permit is required and the petitioner will work with Staff to determine which trees will be left and which ones can be taken out. Dr . Spagna explained that the buildings at this point in time are located and 7 years from now, the petitioner has no assurance of what the regulations will be. He indicated that the location of the retention areas give some guidance on what trees can be removed. Dr . Snyder questioned thinning out the pine trees in relation to the driving range area? Dr. Spagna stated that golfers can hit balls if the area is not totally cleared, some trees will Page 10 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 be removed, but the petitioner will work with staff to come to a mutually satisfying solution. Dr. Spagna indicated that the petitioner will only clear all of the xeric oak allowed by the tree ordi- nance. A discussion followed about conservation/preservation areas. Dr. Spagna reported that preserve means to essentially leave in pristeen or near pristeen condito: and conservation means protected so that it can maintain its reproductive cycle. Dr . Spagna indicated that the petitioner agrees to the word conservation, but in pre serve, there is weedy stuff to be removed. He explained that the petitioner will leave everything in there that cannot be taken out without a tree clearing permit. Ms - Prynoski stated that a new amendment to the Tree Removal Ordinance 89-58 passed in August of this year, covers all other types of new developments that are not resi- dential. She noted that scrub oak is an important habi- tat in the eyes of the County and is often less than 4 feet high and 4 inches in diameter , and the County wou1,7 view that as important habitat to preserve. She reported that there is good understory associated with. the pine habitat as reported on Page 3 of the staff report. Mr. Turrell suggested going in the preserve area by hand to retrieve the golf balls. He also suggested moving the road out of the xeric scrub on the southeast and preserve all the scrub oak on site. He indicated that the petitioner could move the road to th- north of the xeric scrub area to access the back of th property. Mr . Turrell commented that the clearing of pine trees could be left to Staff. Mr . Neale reported that a requirement that planting no more than what is required for the tee box, and putting green be planted in grass be added. Dr. Spagna indicated that the peti- tioner would revisit that at the time of the PUD and move the road, if possible. Mr. Weeks commented that far as access, it is appropriate if the EAC recommends approval of this, one condition be that the access re _o cation be investigated by Staff. He noted that will provide direction for staff to pursue that on the enti_r• PUD. A discussion followed about relocating the road . Dr. Snyder suggested that Stipulation #9, assuming the access road can be located, indicate that no clearing be allowed within oak clusters. Dr . Spagna indicated that the petitioner would accept it, but may have to come back in, and Dr . Snyder reported Page 11 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 that on Item 13 "unless agreed upon by Collier • County Environmental Planning" would leave a certain amount of flexibility. Dr . Snyder suggested in Item 8 at the area to be cleared, add the phrase any clearing will be restricted to within 250 yards, or something simi- lar . MOTION: Made by Mr. Neale to recommend approval of Petition PDA-89-6 subject to staff stipulations listed on Staff' s report for PUD PDA 89-6, Stipulations 1 through 4 as listed, 5, 6, 7 as listed and Stipulation 8 to be changed to read: ',Any_ clearing which is otherwise approved under this recommendation will be permitted in no case further than 250 yards past the western most limit of the driving tee area; No. 9 to be modified to substitute 250 for 200 yards and modify last sen- tence to say: "No transplanting will be permitted from the xeric scrub areas nor any clearing per- mitted within those scrub areas for purposes of this amendment; 10, 11, 12 remains as listed, No. 13 adds the language ',Unless agreed upon by Collier County Environmental Services Staff", 14, 15, as is, 16 add after absolute minimum, "Subject to approval ofof er County Environmental Services", and No. 17 "No grass or sod may be planted in the area other than in the 20 foot wide driving tee area outside of the xeric scrub limit and in the area denoted as putting green on the proposed amendment", No. 18 to read: Collier County Environmental Services Staff to investigate with Planning Services the relocation of the access road to a point north of the outer limit of the xeric scrub as denominated on the amendment. Seconded by Mr. Turrell. Carried 4/0. 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 Page 12 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 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 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 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. 4 . If, during the course of site clearing, excava- tion, or other constructional activities , an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to Page 13 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5 . In accordance with 7. 3 .5 of the Conservation Element of the Growth Management Plan, any gopher tortoise burrows found shall remain where they are, or if applicable, tortoises will be relocated to a suitable habitat as determined by Florida Game & Freshwater Fish Commission. 6 . Parking areas will be reduced to 30 spaces. Parking areas will be limerock, paver bricks or grass, rather than asphalt. 7. The office/maintenance building will be elevated construction to prevent a "permanent" footprint. This stipulation is subject to approval by Development Services Department (Planning Services Section) . 8 . Any clearing which is otherwise approved under this recommendation will be permitted in no case further �-. than 250 yards past the western most limit of the driving tee area . 9 . Scrub oak clusters will remain within the 250 yards. No transplanting will be permitted from the xeric scrub areas nor any clearing permitted within those scrub areas for purposes of this Amendment. 10 . Conservation area (central xeric scrub community) shall be maintained as a conservation area. 11. All protected areas will be fenced during clearing development activities. 12. Protected epiphytes, of in impacted area, will be protected and/or transplanted to non-impact areas on site. 13 . All areas designated as protected, i.e. scrub oak habitat, buffer areas, or any other protected area designated under the Gadeleta PUD will not be altered, unless agreed upon by Collier County Environmental Services Staff. Page 14 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 14 . Department of Environmental Regulation and U. S. • Corps of Engineers shall be consulted by the petitioner prior to site development concerning jurisdictional wetlands. 15. Fifty foot buffer of native vegetation along north and south property lines will be provided. 16 . Removal of slash pine and saw palmetto will be kept to an absolute minimum, subject to approval of Collier County Environmental Services sufficient to allow golf ball in-flight visibility for the custo- mers of the driving range. 17. No grass or sod may be planted in the are other than in the 20 foot wide driving tee area outside of the xeric scrub limit and in the area denoted as putting green on the proposed Amendment. 18 . Collier County Environmental Services Staff to investigate with Planning services the relocation of the access road to a point north of the outer limit of the xeric scrub as denominated on the amend- ment. *** ***Recess: 10 : 10 A.M. Reconvened 10 : 20 A.M.*** PETITION NO. R-89-12 FILED BY/FOR: Kris Dane, Coastal Engineering Consultants repre- senting Astron Development of Naples, Inc. REQUESTING: A zoning change from Estates to PUD- Astron Plaza REPRESENTED BY: Kris Dane, Coastal Engineering Consultants COMMENTS: Jim Davis of Coastal Engineering Consultants, repre- senting the petitioner, pointed out the parcel on the • displayed map and its boundaries. He stated that the subject property is within the Pine Ridge I-75 Activity Center at the corner of Pine Ridge Road and Oaks Blvd. He noted that the petitioner agrees tc all stipulations and the drainage will have to be slightly modified to keep the swale out of the 30 foot landscape buffer to the south. Ms. Prynoski reported that she made a site visit with Sue Davis, from Coastal Engineering on August 24 , 1989 . She Page 15 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 noted that she has no problems with the site. She explained that the site is basically upland and there is a possible wetland in the northeast sec- tion, but there are just a few scattered cypress. She indicated the vegetation is. in her report and the saw palmetto clusters were the more important aspects . Mr . Addison questioned the use of the palmetto clusters in the landscaping? Ms. Prynoski indi- cated that they will be incorporated in the buffer zone, but in the northern part of the site there were a number of nicely defined saw palmetto clusters that stood out. She suggested that they be incorporated into parking lot islands or the landscaping with the slash pine, or perhaps put another native tree to complement the cluster . MOTION: Made by Mr. Turrell to approve Petition R-89-12 with Staff stipulations. Seconded by Mr. Neale. Carried 4/0. 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 60% of the trees , 60% of the shrubs, and 60% of the ground cover shall be Page 16 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 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 70o native trees could allow the use of only 50o native ground cover . This 'plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat 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 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. 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 . Retention of existing native vegetation in the green space areas and landscaping. Specifically, saw palmetto clusters shall be utilized in landscaping. 6 . Native vegetation, specifically cabbage palms, wax myrtle, dahoon holly that cannot be retained shall be incorporated into open space or landscaping by transplanting. Page 17 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 .-. 7. The proposed thirty (30) foot native species vege- • tative buffer along the entire southern boundary shall extend to the southeast corner and taper off along the east, southeast boundary. 8 . The proposed thirty (30) foot native species vege- tative buffer shall be retained, enhanced and main- tained. Any areas of vegetation within the buffer zone lost to the proposed drainage swale shall be compensated for by increasing the buffer zone area 1: 1. 9 . Protected and/or threatened plant species in the construction area/clearing will be transplanted on site. These species include the wild pine, golden polypody and any other protected species noted during subsequent surveys. 10 . If intensity of use decreases, additional viable, native vegetation shall be retained or incorporated into the landscape plan. *** PETITION NO. R-89-8 FILED BY/FOR: George L. Varnadoe of Young, van Assenderp, Varnadoe, representing Signature Communities, Inc. REQUESTING: A zoning change from E to PUD (Five Lakes PUD) REPRESENTED BY: Alan Reynolds, Wilson, Miller , Barton, Soll & Peek, Inc. COMMENTS: Alan Reynolds, of Wilson, Miller , Barton, Soll & Peek, Inc. , representing Signature Communities, Inc _ indicatedthat this is a PUD known as Five Lakes, located on the southwest corner of Davis Blvd. and County Barn Road, Section 8 , Township 50S, Range 26E. He indicated that the current zoning is Estates A-2 and the request is for rezoning to PUD to provide for entry level affordable housing. He noted that there will be 592 units, 10-1/2 units per acre , th. characteristic of the site is vegetated with no prior clearing or alteration. He explained that the site is moderately to severely impacted by past activi- ties such as ditches and roads. He reported that there is substantial exotic vegetation infestation; it is a pine flatwoods with wetland areas on the Page 18 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 site that come under the jurisdiction of the Corps �t of Engineers. He noted that site visits with DER and the Corps have been conducted, and DER has no jurisdiction, but the Corps claims jurisdiction over 8 . 9 acres of the site and that determination has been formalized. He explained that the majority of the wetlands on the site are characterized by moderately to severely impacted by over drainage and exotic vegetation, infestation of the upland areas of the site are typical, there are 11 dif- ferent classifications of subvegetation shown on the map provided with the EIS. He reported that the intent of this project is affordable housing and has a moderately high density of 10-1/2 units per acre, which is consistent with the Comprehen- sive Plan. He noted that the petitioner has comments about specific wording of Staff stipulations, but is in general agreement with the Staff report. Ms. Prynoski displayed maps and stated that she made a site visit on August 31 with biologist, Craig Schmittler of Wilson, Miller, Barton, Soll & Peek, Inc. She reported that some of the problems with the project is that more densities are allowed because it is an affordable housing project. She noted that the engineer who originally designed the plan left Wilson, Miller , Barton, Soll & Peek, Inc. and their people are unfamiliar with the plan. She noted that the biologist did not know where the buildings were, but had done the vegetation mapping. She explained that there are wetlands on the site as designated by the displayed plan, but the jurisdictional lines as determined by SFWMD were not available. She asked how the recreation area will be utilized as it may add to open or green space? She noted that discussions revolved around the Corps ' jurisdiction, permitting agencies and the kind of mit- gation involved. She stated that the Project Planner has questions relating to the parking. She asked if 10 foot buffer area, the minimum requirement, could hF extended? She noted that density issues are super- imposed on the project site. She asked in exchange fo - habitat value, if they use lakes, that a 30% of the perimeter 3 of the lower lakes be littoral zone planting. She noted this was agreed upon. She indi- cated that the stipulations received from Mr . Reynolds (copy provided to Clerk to the Board and appended here- to) before this meeting combining some of her stipula- tions, tipulations, but their rewording has changed the intention agreed upon. Page 19 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 Mr . Addison questioned if this project will be • redesigned? Mr . Reynolds indicated that there is on- going discussion with the Planning Staff regarding the way that the petitioner has laid out the circulation of the project. He explained that, in order to econo- mize and provide for less impervious area on the site, some of the circulation driveways will serve as parking courts for the individual buildings, a customary practice in rental projects. He noted that this allows reduction of 50% of road infrastructure and paving to serve the same number of units. He indicated that Planning Staff has concern regarding the dimensions and the safety aspects of that configuration. He noted that at this time Staff and the petitioner do not agree 100% on whether or not any modifications will be made to the plan to address this issue. He explained that he does not know if redesigning the parking areas is relevant to what is being discussed today. Mr . Addison noted that the petitioner will not have to come before the EAC for that issue and Mr . Reynolds con- curred. Mr . Addison questioned the size of the retention lakes. Mr. Reynolds indicated that the amount of lake shown on the site, according to the fill and SFWMD need, is the minimal necessary for the petitioner to successfully design and permit this project, for both retention and fill requirements . He reported that this petition has been reviewed and approved by the WMAB for the water management design. Mr . Reynolds indicated that he would address the Petitioner ' s concerns about the stipulations. He noted that SFWMD has not been on site to establish their jurisdiction and the petitioner will bring in t�,e SFWMD when the petitioner is ready to submit for per- mitting. He emphasized that SFWMD' s jurisdiction on th site with respect to isolated wetlands will be either similar or less than the Army Corps of Engineers . He explained that recreational area uses for an entry level affordable rental housing project pro- vide for active recreational amenities. He reported that the 10 foot buffer can be increased in some areas, but the petitioner would like to keep the number flexible. He noted that the use of lit- toral zones for mitigation will be decided in con- junction with SFWMD and the Corps of Engineers . He stated that SFWMD has extensive rules pertaining tc Page 20 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 lake banks, mitigation, cross sections as referred •S to in Fla . Adm. Code Chapter 40-E-4 setting forth the specifics. He indicated that the petitioner will try to permit for some use of the Corps wetlands of marginal quality on the site. lie explained that in dealing with the Corps, a mitigation plan using lit- toral zones, exotic removal, and revegation will be employed. He indicated that expressing specific percentage of lake bank slope removes flexibility to deal with those agencies at the time of per- mitting. He noted that proper mitigation be established by working with the agency that has jurisdiction and in cooperation with Staff. He pointed out that the 6 to 1 slope recommended by Staff as a littoral zone slope is in conflict with the approved Water Management plan. He explained that on Page 4 , Item 6 of the Staff report regarding the amount of usable open space on the site, Stipulation #6 would require 60% open usable space for the project. He noted that in the Zoning Ordinance, Page 100 under entry level housing pro- visions, this project is exempted from the 60% open space requirement. He indicated that Petitioner has 50% usable open space. He provided suggested language to consolidate Stipulations 7, 8 , 9 , 10 , 11, 12 and 13 providing for the same intent, but deferring it to the appropriate time and agency. In response to Dr. Snyder, Mr . Reynolds indicated that a 6 to 1 slope is objectionable because that slope will provide for a greater shelf and in this particular area, there are significant fluctuations in the water table. He explained that a wet season water table of 8 . 5 has fluctuated as much as 4 feet , becoming an incredible maintenance problem to sup- port and maintain aquatic habitat, when 9 to 10 months out of the year it may be standing there dry. He pointed out it is also objectionable because in putting together an affordable housing project, the costs and numbers must work out. He emphasized that the difference between a 4 to 1 slope and a 6 to 1 slope represents a significant amount of fill that would have to be imported to the site. A discussion followed about the amount of fill necessary and the desirable type of lit- toral zones. Mr . Neale questioned if Stipulation #10 were left as it is and added language to say "Unless required by other agencies with superior jurisdiction" would be acceptable? Ms. Prynoski Page 21 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 .--. concurred. A lengthy discussion followed about the • definition of superior jurisdiction. Ms . Prynoski stated that if the petitioner is going to use an area for fill or water management, some habitat value should be given to it. Mr . Reynolds noted that the petitioner wants to retain flexibility to deal with the numerous agencies including Collier County, before they come up with the opti- mum solution. Mr . Neale commented that a lot has been given up because it is an affordable housing project, but the EAC' s role is not to give the petitioner carte blanche to negotiate with the rest of the agencies. Mr . Reynolds concurred, but emphasized that this project is designed to the same standards as a non entry level affordable housing project. He emphasized that with respect to water management and all other issues, the petitioner is not asking for relief from established stan- dards; this project complies with all applicable standards, ordinances and guidelines on the books in Collier County. He explained that the nego- tiation being discussed is beyond what the ordinance requires. He emphasized that he is in agreement with Staff ' s intent, but the petitioner is suggesting language modification that clarifies the agencies and the process dealing with them pro- viding the flexibility Petitioner needs to work its way through the permitting process . Mr . Reynolds stated that under a provision in the Zoning Ordinance, called entry level housing, Collier County sets a cap for the maximum size of the unit that can be built and restricts it to ren- tal only. He noted that the unit can range from 400 to 1,100 square feet and the rental range is determined by the market value of the reduced size of the unit. He reported that Collier County is working on establishing an Affordable Housing Ordinance, and there has been some discussion about imposing cost values to affordable housing. In response to Dr . Snyder , Mr . Reynolds explained that the buffered open space will be along the perimeter of the project and some internal areas adjacent to the buildings and parking areas. He emphasized that the 10 foot buffer is minimal, and the petitioner hopes to have 50 feet or more in some parts of the site. He explained that native vege- Page 22 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 tation and supplemental plantings with removal of exotics is planned to achieve the buffering charac- teristics. Mr . Reynolds explained that the sodded areas fall under residential, i .e. areas that will have to be elevated adjacent to. the buildings. Mr . Neale suggested that Staff Stipulation #6 be left as it is but add "Unless the affordable housing exemption in the Collier County Zoning Ordinance is approved by CCPC and the Board of County Commissioners. Mr. Reynolds pointed out that Staff is under the impression that Ordinance 89-42 applies to this project, but the ordinance does not apply and the recommendation is inappropriate. Mr . Addison suggesting dropping the reference to the ordinance. A lengthy discussion followed about the ordinance and its requirements . Mr . Weeks explained that the Zoning Ordinance does specifically state that the multi-family entry level housing project is excluded from the require- ments of usable open space. He stated that the more recently adopted ordinance states that for all zoning districts, 60% of open space is required, and that causes a conflict between the ordinances . He explained that the EAC can recommend 60% or greater and it will then be up to the CCPC and the Board of County Commissioners. Mr . Reynolds asked that the Board and Staff state for the record what the intention is of increasing the open space beyond that which this project has provided, if not to comply with the Ordinance. Dr . Snyder answered that it is to provide adequate open space. Mr . Reynolds emphasized that this project has provided more than adequate open space and to make affor- dable housing work in Collier County, the same standards cannot be held as a high end project, i .e. Pelican Bay. Mr. Reynolds asked the EAC to sympathize and maintain the balance between environmental concerns and the concerns of pro- viding affordable housing. Dr . Snyder commented that the argument for affordable housing is best left to the CCPC and the Board of County Commissioners. He reported that this is a recom- mendation from an environmental perspective. A lengthy discussion followed about the language in Mr . Reynolds' stipulations. Mr . Neale emphasized that his preference is sticking with Staff ' s stipu- lations with certain modifications to meet some of Page 23 ♦ P ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 the petitioner ' s objections. Mr . Neale suggested the only 2 modifications that are agreed upon are in Stipulation #6, changing the language to read: Petitioner shall devote at least 60% of the gross area to usable open space unless the affordable housing exemption in the Collier County Zoning Ordinance is approved by the Board of County Commissioners. Mr . Neale indicated that in Stipulation #10, "Lake creation shall be subject to the following, unless otherwise required by agen- cies with superior jurisdiction: and the 3 points in there. He emphasized that these are the only 2 changes required. Mr . Reynolds asked that specific language changes be discussed point by point. He reported that Stipulation #7 - jurisdictional areas the petitioner receives permits to develop and are not protected do not need to be flagged; that would have to be modified to reflect that. Mr. Neale pointed out that the language in the final sentence takes care of that. A discussion followed about jurisdic- tional areas. Mr . Neale suggested striking jurisdictional and put "Wetlands protected under the approved mitigation plan" . Mr . Reynolds con- curred. Mr . Reynolds questioned barriers and visual markers no closer than 6 feet? Ms. Prynoski replied that is to protect the root systems, and was used in the last EAC meeting. Mr . Reynolds noted that No. 9 duplicates one of EAC ' s standard stipulations. Ms. Prynoski indi- cated that on the site visit, she viewed saw palmetto , which is valuable vegetation to be preserved. Dr. Snyder stated that this encourages the reten- tion of certain non tree vegetation. Mr . Reynolds questioned No. 11 and noted that the second sentence is virtually impossible to accomplish on this site. He noted that when a canal adjacent to the project is a foot lower than the existing ground, it is difficult to restore a historic hydroperiod. Dr. Neale suggested saying "designed to attempt to maintain" . Mr. Reynolds and Dr . Snyder concurred. Mr . Reynolds questioned Stipulation #12 and a 20 foot buffer around wetlands, lakes, conservation Page 24 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 lands and any other area designated as protected • during site plan review? He stated that the amount of buffer required around wetlands is set forth in the mitigation plan and determined with that agency; with respect to lakes and SFWMD isolated wetlands, there are specific criteria as to the buffering, a variable number determined during the permitting process. He emphasized that putting a 20 foot buffer around any designated protected area may double its size in some cases. He suggested that language be modified to establish the buffer that is required during permitting by the appropriate agency. A lengthy discussion followed about buffers and wetlands. Mr . Burch indicated the stipulation should specify that no impervious surfaces shall be put within 20 feet of the lake area. He noted that the concerns should be identified and stated as part of the sti- pulation. Mr . Reynolds emphasized that if the sti- pulation is mandatory, it will be unworkable. He suggested making a recommendation that the EAC would like to see where feasible. A lengthy discussion followed about review processes and county law. Mr . Reynolds indicated that this sti- pulation is unenforcable because there is no defi- nition of the buffer and questioned if the definition impervious surface means that the petitioner will be unable to put a bike path near the lake or a paved walkway adjacent to a wetland area? Mr . Weeks commented that specifying a type of buffer would be helpful, i .e. noise, visual, landscape, distance etc. He stated that he agreed with Mr . Reynolds and it would be appropriate to explain what the intent is to create flexibility and help Staff to understand the objective. Ms. Prynoski concurred and explained that as a wetland scientist from the northeast, the use of a buffer was an area not impacted and natural vegetation was left there. She noted that she did not think of bike paths, she was thinking of structures . Mr . Neale suggested a 20 foot landscape native vegeta- tion buffer unless a different distance is required by agencies with superior jurisdiction. He suggested adding a sentence saying "This stipulation is intended to provide an environmentally sensitive buffer between protected areas and buildings, impervious services , and development. Mr. Reynolds stated that to provide that Page 25 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 kind of buffer around excavated lakes and "any other • area designated as protected during site plan review" will not work. A lengthy discussion followed about the buffer . It was the consensus of all parties that it be changed to read a 20 foot setback for buildings, parking lots, and roads will be pro- vided, the rest stays as it is and "buffer" be stricken. Mr . Reynolds asked that in Stipulation #13 , the last part of his Stipulation #8 be used. He suggested that substituting "This information will be pro- vided in the permits and copies of permits provided to Staff to show this information and represented on the site development plan for the project. Eric Worsham, Project Review Services, explained that a conceptual bubble diagram is required on a preliminary site development plan and a survey, if necessary, on a final is required. Mr. Worsham indicated that the site development plan ordinance requires the preliminary site development plan be conceptual and the final detailed, implying it is to engineering standards. He noted if there is any question, a survey is required. Mr . Reynolds suggested it read: "All Army Corps of Engineer and SFWMD jurisdictional wetlands shall be represented on the site plan in accordance with the sits development plan ordinance" . A lengthy discussion followed about site plans and ordinances. MOTION: Made by Mr. Neale to recommend approval of Petition R-89-8 subject to the Staff Stipulations 1 through 5, 6 to read: ',Petitioner shall devote at least 60% of the gross area to usable open space unless the affordable housing exemption is approved by the Board of County Commissioners in its project review". Stipulation 7 to read: ',All wetlands preserve conservation areas pro- tected under the approved mitigation plan shall be flagged by the Petitioner prior to construction" and rest of the Stipulation to read as in Staff report. Sti•ulation 8, 9, remain as in Staff resort, Sti•ulation 10 to be modified to read: "Lake creation shall be sub- ject to the following, unless otherwise required by_ agencies with superior jurisdiction: a, b and c as in Staff recommendation. Stipulation 11 to read: Sentence 2 to read: "Wetlands desi.nated to be •rotected in approved mitigation plan shall be preserved, restored and maintained" and in the next sentence add "to attempt to maintain historic hydroperiods", Stipulation 12 to read: a 20 foot setback for buildings, parking lots, Page 26 0 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 roads will be provided with the rest as is, strike • buffer, Stipulation 13 to read: All Army Corps of Engineer and SFWMD jurisdictional wetlands shall be represented on a survey, prepared, signed and sealed by a professional land surveyor based on ribbon lines located by a biolo ist and approved by appropriate agency staff, said jurisdictional lines shall be indi- cated on the site development plan for the project and Sti•ulation 14 to remain as on Staff' s resort. Seconded by Mr. Addison. Carried 4/0. 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 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 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 habi- tat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from deve- Page 27 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 .---� lopment areas, open space areas, and preserve areas. Following site development, a maintenance 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. 4 . If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is disco- vered, all development at that location shall be imme- diately 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 con- sultant 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 native, existing vegetated (or native species supple- mented) buffer zone shall be provided around the entire site. The buffer zone shall be a minimum of ten feet and increased where feasible. 6 . Petitioner shall devote at least sixty percent (60%) of the gross area to usable open space unless affordable housing exemption is approved by the Board of County Commissioners in its project review. 7 . All wetlands, preserve/conservation areas protected under the approved mitigation plan shall be flagged by the Petitioner prior to the construction. These areas shall be field approved by Collier County 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, conservation areas, buffer zones, natural vegetation/landscape areas or any other area designated protected during the site plan review process shall be clearly indicated by suitable barriers or visual markers no closer than six feet from such areas . Page 28 • ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 9 . To provide maximum preservation of trees and wildlife habitat value, existing native vegetation shall be used in landscaping. Existing clusters of trees and/or shrubs and saw palmettos shall be used to the maximum extent possible as landscape islands in areas where they are prevalent and within the buffer zone. 10 . Lake creation shall be subject to the following, unless otherwise required by agencies with superior jurisdiction: a. The three larger constructed lakes shall maintain a littoral zone with typical native aquatic vegeta- tion. Littoral zones will cover 30% of each lake. b. Littoral zones shall be 6 : 1 slope to maximize wildlife habitat value. c. No chemicals shall be used as a vegetation control method . 11 . State and Federal jurisdictional wetland permits shall be obtained. Wetlands designated to be protected in approved mitigation plan shall be preserved, restored and maintained. Detailed water management plans designed to attempt to maintain historic hydroperiods in the aforementioned wetlands shall be submitted for approval to Collier County Staff. 12. A twenty foot setback for buildings, parking lots, roads will be provided around preserve/conservation land, wetlands, lakes and any other area designated as pro- tected during site plan review. 13 . All ACOE, SFWMD jurisdictional wetlands shall be repre- sented on a survey, prepared, signed and sealed by a professional land surveyor based on ribbon lines located by a biologist and approved by appropriate agency staff . Said jurisdictional lines shall be indicated on the site development plan for the project. 14 . Protected epiphytes in areas of construction activities, specifically the butterfly orchid and wild pine shall be transplanted to a protected area on site. COMMENTS: Mr. Reynolds noted for the record Petitioner disagrees with Stipulation 10 (c) . that prohibits Petitioner from using any chemicals. Page 29 • ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 *** *****Recess: 11:50 P.M. Reconvened 12 :00 Noon***** ITEM: FISH CAMP REPORT COMMENTS: Eric Worsham stated the situation still exists at the 2 or 3 barrier islands with an "ST" zoning overlay that prevents the issuance of building per- mits because of a conflict with the ST Zoning Ordinance and that section of the Zoning Code and Fla . Health and Rehabilitative Services regulations involving disposal of wastewater . He indicated that attempts to resolve at meetings with HRS have not been successful. He noted that there are building permits now pending on this decision with more to be submitted in the near future. Mr . Worsham indicated that Jack Abney of Anchor Engineering has a building permit pending for a year for one of his clients and will familiarize the EAC with some of the problems in the permitting process. Mr. Abney explained that in order to get approval to build a stilt house with no major improvements to the site except for a boat dock, for his client on Little Marco Island, HRS requires every home to have an approved water supply con- nected to an improved disposal system. He indi- cated that his client does not want to pay anyone to design an on-site gray water disposal system, because he has spent a great deal of money already. He indicated that his client is caught between the wheels of government. He explained that there are wastewater disposal systems that can be designed to have a low impact on a barrier island. Mr . Abney indicated that the interpretation of the Fish Camp House standards is more restrictive than it needs to be. A lengthy discussion followed about pollution effects and properly designed on-site disposals. Dr . Snyder suggested that the EAC and Staff study information on the effect of septic systems as a potential pollution source and address the overall disturbance and construction on barrier islands at a later date. Mr. Abney indicated that the data is not available. Dr . Snyder commented that the size limit of the structure will have to be considered. Page 30 i ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20 , 1989 r., A lengthy discussion followed about chemical toilets and wastewater discharge. Dr . Snyder suggested that reconsideration of underground sewer lines or septic tanks might be considered. Mr . Worsham emphasized that if there is a definition controlling the "ST" development permits that only permits construction of structures that coincide with HRS ' s definition of primitive camps, and what the County structural people would consider primi- tive camps without imposing the design standards of the HRS and the hurricane velocity zone design standards, all the conflicts would be eliminated. A discussion followed about the definition of a primitive camp. Ms . Prynoski introduced Kimberly Polland, a new Environmental Specialist. ADDENDA: ITEM: BALD EAGLES COMMENTS: Mr . Burch reported that protection for Collier County' s bald eagle population is being proposed, and protective measures in ordinance form. He stated that he outlined a possible procedure for development of this ordinance and protection for comments and concerns by the EAC. (Memorandum not provided to Clerk to the Board) . He noted that the protection will be included within the existing "ST" habitat protection zoning overlay, so that areas affected by eagle nests and pertinent to future bald eagle nests will receive "ST" review. He point=s out the existing known nest trees on the displayed map and explained how the areas will be mapped with "ST" overlay. Dr . Snyder commented that this seems to be a good approach, but adopting the federal guidelines wherein 750 or 1, 000 feet or a mile is mentioned, seems a bit drastic. Mr . Burch explained that the federal guidelines are not hard and fast rules, and the advantage is that this would be a local ordi0ance and not subject to agreement through each Development Order . He emphasized that the County would not have to defer to Fish and Wildlife Service, of the Department of the Interior . Dr . Snyder suggested designating "ST" zoning for red cockaded woodpecker habitats. Mr. Burch indicated that an ordinance will be developed for protection Page 31 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 of that species and the same procedure will be followed for that, as well as for Manatee and other species. He noted that restrictions are difficult to impose on single-family lots. Mr . Neale pointed out that Marco Island is almost. all single family homes that are impacted and allowances will have to be made for those homes. A lengthy discussion followed about the effects on single-family resi- dential homes. *** ITEM: LANDSCAPING CODE DEVELOPMENT COMMENTS: Mr . Burch indicated a draft of a proposed landscape code for the County is being prepared and asked for feedback from the EAC development. He noted that a public workshop will be held before the public hearing when feedback is received. A discussion followed about guidelines and percentages for native species in landscape and xericscapes. Mr . Burch indicated that a required percentage may be appropriate to be incorporated into the landscape code. A discussion followed about the required percentages. Page 32 ENVIRONMENTAL ADVISORY COUNCIL SEPTEMBER 20, 1989 *** There being no further business, the meeting was adjourned by Order of the Chair. ENVIRONMENTAL ADVISORY COUNCIL Dr. James Snyder, Acting Chairman Page 33 DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Kimberly Polen Environmental Specialist I DATE: October 11, 1989 RE: PDA-89-9; William R. Vines of Vines and Associates, Inc. , representing Naples Development Group; requesting a PUD amendment to Hawk's Nest (AKA Arbor Trace) . The purpose of the PUD document amendment is to modify the approved Hawk's Nest Master Plan and PUD document in the following ways: 1. Recommended changes in story structure (living area) , not in actual building footprints, have been proposed. 2 . Reduction in the number of dwelling units from 232 to 219, resulting in a lower maximum gross density with less impact on the natural resources. 3 . A common facility to provide residents with dining, social, recreational and project administrative services (adult congregate living facilities) will be added. Since there has not been any change to the previously approved master plan with respect to basic configuration of buildings, access drives, lake, preserved wetlands, or preserved natural upland space, the modifications can occur. Considering the above, Staff Administratively approves petition PDA-89-9 subject to the following four standard 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 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% native groundcover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance 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 archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper -2- 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. (No.s 1,3,4 Adopted by EAC on 4/1/87) (No. 2 Adopted by EAC on 12/7/88) Staff Report, PDA-89-9 ew -3- PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/18/1989 Petition: ST-89-4; Gus and Susan Landel, requesting an ST permit to build a home with a dock and elevated boardwalk on property located on the North 200 feet of the South 276.2 feet of Gov. Lot 9 in Section 24, Township 51 South, Range 25 East. (Little Marco Island) Considerations: 1. Location/Proposal: The subject property is located on Little Marco Island. The lot is approximately 200 feet wide x 730 feet long. The parcel is zoned A-2 ST. The petitioners propose to build a fishing cabin, approximately 1000 square feet (s.f. ) , an elevated boardwalk and dock on the western side of Little Marco Island. 2 . A site visit was conducted on August 25, 1989 by Michael Kirby, Eric Worsham and Barbara Prynoski of Collier County Development Services Department. 3 . Site Description/Vegetation: The site is vacant, access is by boat from the west (Little Marco Pass) . Sea grass beds are present. Vegetation on site is characteristic of a xeric tropical hammock as one moves west to east. Vegetation is as follows: Cabbage palm (Sabal palmetto) , jamaican dogwood (Piscidia piscipula) , wild coffee (Psychotria undata) , myrsine (Myrsine punctata) , sea grape (Coccoloba uvifera) , coco plum (Chrysobalanus coco) , guava (Psidium guajava) , strangler fig (Ficus aurea) and several species of graminoids. Also evident were shoe string fern (Vittaria lineata) and golden polypody (Phlebodium auredum) , protected epiphytes by Florida Department of Agriculture (FDA) . Staff Report ST-89-4 EAC Meeting 10-18-89 Page 2 The area where the fishing camp is proposed has been cleared by the petitioner. This is a violation of Collier County Ordinance and is being handled by Collier County Compliance Services. Inspection of remaining stumps supports the contention made by the Landels that the vegetation cut was primarily Brazilian pepper (Shinus terebinthifolius) . Also cut were a few individuals of sea grape and coco plum. The Landels will re-vegetate with native plants approved by Collier County. On site, in the area of clearing (proposed house site) , are seven gopher tortoise holes. It is presumed most are active and 6 or less gopher tortoises use the site. The Landels have expressed their intention to protect and accommodate the turtles. 4 . Proposed home design includes: a) Two pods connected by a porch. One pod will be the living/dining area and the other pod will contain two bedrooms. A third pod will contain the bathroom. b) Total living area is approximately 627 s. f. The porch is approximately 343 s. f. c) House will include a kitchen with sink, bathroom with sink and shower. 5 . The house will be elevated by pilings. 6. Water source will be a cistern constructed on the roof or by means of hand carrying onto site. 7 . Energy source will be passive; solar paneling. 8 . Black and gray water will be disposed of and treated by the proposed septic tank on site. The subject property has the necessary elevation and open area to install the septic tank and drainfield without fill and excess clearing. Any native vegetation removed to install drainfield will be replaced. Septic system size shall be determined by Collier County. Concerns: Current "fish camp" definition adopted by the EAC is inconsistent with the State's Health Rehabilitative Services — (HRS) Code which requires a septic system. No fill and minimal clearing is proposed for ST-89-4 . The Landels have -2- Staff Report ST-89-4 EAC Meeting 10-18-89 Page 3 expressed environmental sensitivity and the desire to construct their camp in a manner to minimize impacts on the environment. They have downscaled the residence size and will not cut any trees to construct their home. They are in a position where they cannot build on their lot because of the conflict between EAC and HRS's restrictions relating to disposal of waste products. Recommendations: Staff recommends approval of ST-89-4 subject to the following 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 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% native groundcover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. -3- Staff Report ST-89-4 EAC Meeting 10-18-89 Page 4 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 preserve areas. Following site development, a maintenance 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 archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. (No. s 1, 3,4 Adopted by EAC on 4/1/87) (No. 2 Adopted by EAC on 12/7/88) 5. Protected epiphytes in areas of construction activities, specifically the shoestring fern and golden polypody shall be transplanted to a protected area on site. 6. The fish-camp house shall be a dwelling for human use, elevated on pilings, utilizing passive energy sources. 7 . All freshwater needed on site shall be hand carried or collected by a cistern. 8 . Septic system and drain field installation shall require no fill and minimal disturbance to vegetation. Any native vegetation removed or injured shall be replaced in kind on a 1: 1 basis. -4- Staff Report ST-89-4 EAC Meeting 10-18-89 Page 5 9 . The petitioners shall consult with and adhere to the guidelines of the Florida Game and Freshwater Fish Commission concerning the protection of the gopher tortoises (Gopherus Polyphemus) on site. The protection plan shall be submitted to Collier County Planning Services (Environmental Review) (CCPSER) for review. 10 Petitioner shall satisfy all regulations concerning dock construction as mandated by Collier County, the Florida State Department of Natural Resources (DNR) , the Florida State Department of Environmental Regulation (DER) , and the U.S. Army Corps of Engineers (USACE) . In addition, the length of the proposed dock shall not extend beyond any existing docks in the vicinity. The above-mentioned agencies shall be consulted and all necessary permits obtained 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. • PREPARED BY: DATE: � " c/ /0 ; j� BarbaraPrynoski REVIEWED BY: ,� deal., "DATE: 0 / Kenneth W. 9rginski -5- PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/18/1989 Petition: PU-89-15 Robert A. Kersteen of GTE Mobilnet of Tampa Inc. , representing Dixie Sky Corp. ; requesting a provisional use 8. 10b of A-1 for Essential Services (Communication Tower) . Considerations: 1. Location/Proposed Uses: The subject property is within the Area of Critical State Concern Overlay, zoned A-1. It is located 1. 25 miles south of I-75, approximately 885 feet west of the S.R. 29 right-of-way. The site is 10. 47 acres, located in Section 7 . Surrounding land use is as follows: undeveloped to the west and south; Lee County Electric Cooperative easement and S.R. 29 right-of-way to the east; and a vacation/weekend cabin to the north. While not abutting subject property, the Fakahatchee Strand State Preserve is also to the west. Petitioner proposes to install a cellular radio transmitter/receiver system. The system consists of a 12 foot x 30 foot manufactured building and a 285 foot antenna support structure on which a 14 foot stick antenna will be mounted. No guy wires are associated with this structure. A 30 foot wide ingress/egress road is proposed. Petitioner has discussed the possibility of decreasing the width of the road. Traffic on this road will be twice per month for maintenance and monitoring purposes. Four percent (4%) of the site, including road, is proposed to be utilized. The remaining 96 percent will remain in its natural state "in perpetuity" as offered by the petitioner. 2 . Site Description/Vegetation/Wildlife: A site visit was conducted on September 21, 1989 by Sam Saadeh, Kimberly Polen and Barbara Prynoski of Collier County Planning Services accompanied by Robert Kersteen and Doyle Sims of GTE Mobilnet Incorporated. Staff Report PU-89-15 EAC Meeting 10-18-89 Page 2 The site is a wet prairie. Soil was saturated on 9-21-89 . Vegetation consists of maidencane (Panicum hemitomom) , saw grass (Cladium lamaicense) , rush (Juncus sp. ) , swamp lily (Crinum americanum) , saltbush (Baccharis halimifolia) , musky mint (Hyptis alata) and occasional willow (Salix caroliniana) and Brazilian pepper (Shinus terebinthifolius) . Small cabbage palms (Sabal palmetto) are scattered on the site. Wildlife observed: Turkey vulture (Cathartes aura) 3 . Concerns: The site appears to have no upland area(s) . Therefore, wetland impacts, jurisdictional determinations and mitigation must be addressed. An additional concern is wildlife. This area is within the habitat range of the Florida Panther as well as may provide habitat and foraging area for birds, either migratory or resident. Staff has requested that the petitioner contact all the state and federal environmental jurisdictional agencies as well as the Department of Natural Resources (DNR) and Florida Game and Freshwater Fish Commission (FGFFC) . In addition, Staff has contacted Corkscrew Swamp Sanctuary (Paul Hinchcliff) , Big Cypress National Preserve (Debra Jansen) , National Audubon Wildlife Officer Ted Below, and FGFFC (Kim Dryden) in regards to wildlife concerns. Wading birds and migratory birds were the primary concern. The project's size and use does not appear to pose a threat to the panther. Kim Dryden, FGFFC, states that she feels an agreement can be worked out with GTE and will not oppose the project. Her main concern is wading birds. Debra Jansen, Biologist at Big Cypress National Preserve, is concerned about the effect of another tower on migratory birds. Ms. Jansen has requested, and the petitioner has agreed to, a monitoring program. Paul Hinchcliff and Ted Below expressed no concerns and related that they have no knowledge of this area being a bird migration route. Recommendations: In consideration of the above report and concerns, staff recommends approval of PU-89-15 subject to the following stipulations: Staff Report PU-89-15 EAC Meeting 10-18-89 Page 3 1. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance 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. Adopted by EAC on 4-1-87 . 2 . If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Adopted by EAC on 4-1-87. 3 . Petitioner shall obtain all applicable local, state and federal permits prior to County final site plan approval. 4 . Petitioner shall consult with and adhere to guidelines of the Florida Game and Freshwater Fish Commission. 5 . An "impact on migratory birds" monitoring program shall be agreed upon between Big Cypress National Preserve and petitioner. 6. Proposed structures shall be elevated by pilings. 7 . Road construction design shall be designed to maintain or enhance existing hydroperiods. 8 . Ninety-six percent of the subject site shall be designated as a preservation area unless otherwise required by state or federal mitigation plan(s) . PREPARED BY: 411-et76-- /,- -Y'X/'- DATE: Barbara Prynoski REVIEWED BY: / I & o6/1jl DATE: ll��T///f Kenneth W. (aginski PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/18/1989 Petition: R-89-16; William R. Vines of Vines and Associates, Inc, representing Sand Kastle construction of Naples, Inc. ; requesting a zoning change form A-2 to PUD "April Circle" . Considerations: 1. Location/Proposal: The 9 . 347 acre tract is bounded on the north by Immokalee Road, on the west by future Livingston road, and on the east and south by undeveloped A-2 zoned lands. The property is zoned agriculture (A-2) , proposed to be rezoned to PUD for multi-family entry level rental housing. The planned 120 dwelling units constitute a gross project density of 12 . 84 units per acre. Proposed land uses in the PUD include the following: Lake 0. 80 acres ± Buildings 1. 25 acres ± Pavement 2 . 00 acres ± Open Space 3 . 25 acres ± Temporary Sewage Treatment Plant (Drain Field) 0. 85 acres ± Right-of-way (dedicated to the County) 1. 20 acres ± Total 9 . 35 acres ± The cypress and mulberry hammock areas indicated on the vegetation map (Wetland Jurisdictional Map) will be preserved. Sixty percent (60%) of the 3 .4 acre pine flatwoods area will be cleared. The maidencane marsh will be cleared and converted to lake. The altered non-jurisdictional wetland areas will be cleared and appropriate native vegetation installed subsequent to development. Approximately forty percent (40%) of the gross project area will, upon completion of development, be vegetated with existing native plants and with installed landscaping in those areas where native vegetation is absent. — Staff Report R-89-16 EAC Meeting 10-18-89 Page 2 2 . Site Description/Vegetation/Wildlife: A site inspection of the subject property was conducted on October 4 , 1989, by Kimberly Polen (Collier County Planning Services) , accompanied by Geza Wass De Cezege (Southern Biomes, EIS) . The environmental impact statement (EIS) and Wetland Jurisdictional Map indicate the vegetative communities on site. Wetlands on this site comprise 2 . 9 acres of Army Corps of Engineers (ACOE) jurisdictional wetlands. South Florida Water Management District (SFWMD) jurisdictional lines have not been submitted to date. The ACOE jurisdictional wetlands consist of four communities (maidencane marsh, flatwoods/cypress, saltbush/swamp fern, and saltbush/Brazilian pepper) . The northern half of the site is primarily upland. Upland vegetation on site consists of a dense to open slash pine (Pinus elliottii var. densa) canopy with an understory/shrub layer consisting of Cabbage palm (Sabal — palmetto) , saw palmetto (Serenoa repens) , wax myrtle (Myrica cerifera) , dahoon holly (Ilex cassine) and Rusty Lyonia (Lyonia ferruginia) . Groundcover consists primarily of graminoids, muscadine grape vine (Vitis rotundifolia) , greenbriar (Smilax laurifolia) , and pine needles. From the southwestern corner of the northern half to the northeastern corner of the southern half this area contains remnants of wetlands, such as swamp fern (Blechnum serrulatum) , saw grass (Cladium jamaicensis) , rush (Juncus sp. ) , button bush (Cephalanthus occidentalis) , saltbush (Baccharis halmifolia) , poison ivy (Toxicodendron radicans) , cabbage palm and muscadine grape vine. The western half of the site's center is a maidencane marsh wetland, that consists of common ragweed (Ambrosia artemisiifolia) , maidencane (Panicum hemitomon) , matchheads (Lippia nadiflora) swamp fern, rush (Juncus sp. ) , willow (Salix Caroliniana) , and Cezar weed (Urena lobata) . In the center of the southern half of the site there are two unique areas. The first (north half) consists of red _ mulberry (Morus rubra) , wild coffee (Psychotria nervosa) , _ Staff Report R-89-16 EAC Meeting 10-18-89 Page 3 Brazilian pepper (Schinus terebinthifolius) , poison ivy and swamp fern. The second (south half) a cypress wetland consists of cypress (Tasodium distichum) , slash pine, cabbage palms, Brazilian pepper, and wax myrtle. The area surrounding the two unique areas contains remnants of wetlands, such as of muscadine grape vine, swamp fern, button bush, saw palmetto, Brazilian pepper, cabbage palm and slash pine. The southern boundary of the site a wetland consists of saltbush, swamp fern, muscadine grape vine, saw palmetto, slash pine and Brazilian pepper. The following wildlife species were observed (0) or heard (H) : Mourning Dove (Zenaida Macroura ) 0 Cicada (Suborder Homoptera) H 3 . Staff Comments and/or Concerns: — a. Petitioner is allowed greater density due to its being an affordable housing proposal. b. SFWMD jurisdictional boundaries need to be indicated on the site plan. Mitigation per ACOE, and SFWMD, where applicable, needs to be addressed. c. The mulberry hammock contains broken shell remnants which indicates a possible indian midden. This area is not intended to be developed and if any archaeological organization desires to undertake an exploratory dig, access to the hammock will be provided. Recommendations: In consideration of the above concerns, staff recommends approval of R-89-16 subject to the following conditions: 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 Staff Report R-89-16 EAC Meeting 10-18-89 Page 4 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 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% native groundcover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance 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 archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to Staff Report R-89-16 EAC Meeting 10-18-89 Page 5 any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. (No.s 1,3,4 Adopted by EAC on 4/1/87) (No. 2 Adopted by EAC on 12/7/88) 5. A native, existing vegetated (or native species supplemented) buffer zone shall be provided around the entire site. The buffer zone shall be a minimum of ten (10) feet and increased where feasible. 6. 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 other wise stipulated in an approved mitigation plan. 7 . Prior to development activities, wetlands, preservation 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. 8 . To provide maximum preservation of trees and wildlife habitat value, existing native vegetation shall be used in landscaping. Existing clusters of trees and/or shrubs shall be used to the maximum extent possible as landscape islands in areas where they are prevalent and within the buffer zone. 9 . Lake creation shall be subject to the following: a. No chemicals shall be used as a vegetation control method. b. Control of aquatic vegetation shall be done manually, as required, to provide and enhance long term community diversity of native species and ensure against more opportunistic species out competing desirable ones. Staff Report R-89-16 EAC Meeting 10-18-89 Page 6 c. The constructed lake 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 Water Management District and U.S. Army Corps of Engineers permit specifications. 10. Within the area between the mulberry hammock and the southeastern lake's edge an additional sawgrass littoral preservation area shall be established by preserving and maintaining native habitat. 11. Department of Environmental Regulation and (ACOE) shall be consulted by the petitioner prior to site development concerning jurisdictional wetlands. 12 . If intensity of use decreases, additional viable, native vegetation shall be retained or incorporated into the landscape plan. PREPARED BY: ' �j -/4 DATE: /Ci" a/ Kimberly- Polen REVIEWED BY: � // DATE: //l0 Kenneth W. :aginski DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: David Weeks • Project Planner DATE: September 14 , 1989 RE: Petition R-89-21: Robert Duane of Hole, Montes and Associates, Inc. , representing I-75 and Alligator Alley Development Corp. , Inc. ; requesting a zoning change from PUD and C-4 to PUD. The subject property is located at the northwest corner of the intersection of Davis Boulevard (SR-84) and CR-951 with the I-75 off-ramp as the northern project boundary. This site was previously reviewed by the EAC as petition R-89-2 , PDA-89-4 , and SMP-89-2 . The Rezone and PDA petitions were denied by the Board of County Commissioners and withdrawn by applicant, respectively. The subject petition is virtually identical to the previous companion petitions and the PUD document contains the same stipulations as recommended by the EAC for the previous petitions. Therefore, staff recommends the EAC grant authority to staff to administratively approve this petition. DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Barbara N. Prynoski N() Environmental Specialist I DATE: September 14 , 1989 RE: Petition R-89-21: Robert Duane of Hole, Montes and Associates, Inc. , representing I-75 and Alligator Alley Development Corp. , Inc. ; requesting a zoning change from PUD and C-4 to PUD. Based on the attached memo (9/14/89) from David Weeks, Project Planner, and the review of the EAC April 19, 1989 minutes and approval of R-89-2 , Staff administratively approved R-89-21 subject to the stipulations approved by the EAC on April 19, 1989 . A copy of the approved stipulations from the EAC minutes of April 19 , 1989 are attached. ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Neil Dorrill, County Manager FROM: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division DATE: August 28, 1989 SUBJECT: Creation of an Environmental Advisory Board INTRODUCTION AND PURPOSE The existing Water Management Advisory Board (WMAB) and Environmental Advisory Council (EAC) functions include policy and program development and land development project review with most of Boards' time involved with the review of land development projects. As the County has adopted more specific rules and criteria for issuing permits and development orders and has acquired more professional staff to review applications, there is less need for advisory Boards to duplicate administrative reviews. Additionally, the Growth Management Plan requires the County to develop many conservation and water management programs that will require much more work to address many controversial policy issues. The purpose of this report is to evaluate the functions of the existing environmental advisory boards and to recommend a change in their responsibilities to better meet the changing conditions and needs of Collier County. HISTORY AND PRESENT MAKE-UP OF BOARDS The existing (WMAB) consists of five (5) members which generally represent the population of Collier County. No specific experience requirements are necessary or a prerequisite for application but consideration is given to applicants who have experience in the areas of civil engineering, water resources management, land development, environmental science, hydrology/geology and related fields. The enabling authority for the WMAB is founded in Ordinance 74-50. The function, power and duties of the WMAB include: A. Act in advisory capacity to the Board of County Commissioners in all matters dealing with the regulation, control, management, use or exploitation of all water resources within Collier County; -1- B. Review land development, water resources and excavation projects in order to evaluate their potential impact on the water resources of Collier County; C. Identify, study, evaluate, and provide recommendations to the Board of County Commissioners on programs necessary for the conservation, management and protection of the water resources of Collier County. The EAC does not have a formal enabling ordinance. A proposed ordinance for the EAC states that the four of the five members will have local expertise distributed among biology, ecology, hydrology/geology, environmental science, and marine/estuarine science, and one member shall be a lay person. The EAC shall act in an advisory capacity to the Board of County Commissioners in all matters dealing with the regulation, control, management, use or exploitation of all natural resources in Collier County. Additional responsibilities include reviewing land development and water resource projects and identifying, studying, evaluating, and providing recommendations to the BCC on programs necessary for the conservation, management and protection of the natural resources and environmental quality of Collier County. The EIS Ordinance identifies the EAC as an appeals Board for the anyone aggrieved by staff decisions for approval of Environmental Impact Statements. NEED FOR AN ENVIRONMENTAL POLICY ADVISORY BOARD Objective 1. 1 of the Growth Management Plan's Conservation and Coastal Management Element requires the County to develop and implement a comprehensive environmental management and conservation program. This program requires the development of numerous regulatory, management and planning programs. In regard to regulatory programs, for example, land development standards must be adopted to protect the following native habitats: o Intertidal, Coastal and Xeric scrub habitats - August 1, 1990 o Marine, Freshwater, Transitional zone wetlands and Hardwood Hammock - August 1, 1991 o Pine, Flatwoods and Dry Prairie Habitats - August 1, 1992 Furthermore, guidelines and standards to protect the following wildlife species will be addressed: o Bald Eagle o Manatee o Gopher Tortoise o Red-Cockaded Woodpecker o Panther. To complement our regulatory programs, various management strategies are envisioned. Implementing the Natural Resource Protection Area concept will require a variety of programs other -2- than land development regulations. Indeed, Policy 1. 3 . 1 of the _, CCE provides various guidelines be followed that will need input from an advisory board. Selected guidelines include: o Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; o A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; o A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases) . Other options should include, but not be limited to, tax incentives and transfer of development rights. A number of planning studies are also envisioned. These include: o Coastal Barrier Management Plan o Estuarine Management Plan o Watershed Management Plans An environmental advisory board is needed to help develop technical requirements, explore policy issues and solicit public input as the above programs are being developed by staff. Indeed, the Growth Management Plan requires that a technical advisory committee be established to advise and assist the County in the activities involved in the development and implementation of the comprehensive environmental conservation and management program. Such a committee must have sufficient technical expertise and be unencumbered by other activities to ensure that the functions of policy analysis, program development and rule making can occur in a timely fashion. RECOMMENDATIONS Given the need of an environmental advisory committee to focus its attention on planning and rule-making, it is recommended that such a committee be responsible for recommending policy direction, program planning, and rule development. By not reviewing land development petitions, the committee could be more effective developing the environmental protection program as outlined in the Growth Management Plan. Since water management directly affects other natural resources, there is also a benefit to consolidate the program areas of the WMAB and EAC. Furthermore, the Water Pollution Control Ordinance -3- authorizes the creation of an advisory board for pollution control activities. A single board would have the advantage of "seeing the big picture" of environmental management and protection. It is therefore recommended that the EAC and WMAB be consolidated into a single environmental advisory board to assist staff in developing regulatory guidelines and standards, management plans and programs, and major policy initiatives. Duties and Responsibilities The purpose of an environmental advisory board is to study, evaluate and recommend necessary policy programs and rules to ensure the appropriate use, conservation, management and protection of the County's natural resources. Specific duties and responsibilities include: o assist the Board in the development of overall programs to protect and manage all of Collier County's natural resources. o establish goals and objectives for the County's environmental conservation and management programs o act in an advisory capacity to the Board of County Commissioners in all matters dealing with the regulation, control, management, use or exploitation of all water resources within Collier County. o identify, study, evaluate, and provide recommendations to the Board of County Commissioners on programs necessary for the conservation, management and protection of the water resources of Collier County. o assist the Board in developing and revising as appropriate local rules and regulations addressing the County's natural resources. o assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. Composition/membership A seven member board should consist of members who have technical expertise and of members representing the general public who do not have specific expertise. Five (5) members should have local expertise distributed among the following disciplines: Biology (Botany or Zoology) , Ecology, Hydrology/Geology, Environmental Science (i.e. pollution, biology, chemistry, air and water quality) , Engineering (Florida registered, with experience in civil engineering) , and Marine/Estuarine Science. Two (2) members should be lay people who do not have specific technical expertise. -4- Membership should also represent the following interests: o Engineering (1) o Agriculture (1) o Conservation groups (2) o General public (2) o Business (1) Transition The Growth Management Plan requires that a technical advisory committee be created by August 1, 1989 . Staff has been using the EAC to receive input on environmental land development regulations. This arrangement should be an interim measure, however. Consolidating the EAC and WMAB will require a period to phase these boards out of land development review functions. Additionally, members of each board would serve on the newly created advisory board. Upon completion of the terms of the existing members the new environmental advisory board will assume its final composition of seven members. IMPLEMENTATION STRATEGY Creating an Environmental Advisory Board will require three major activities: * Board authorization to proceed with concept * Ordinance development with input from EAC and WMAB * Board approval of ordinance. Initiating this concept should occur as soon as possible. The new advisory board should be in place by the end of calendar year 1989 . WDL:pc c: Ron McLemore, Assistant County Manager Frank Brutt, Community Development Administrator Environmental Services File -5-