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EAC Agenda 09/20/1989 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- WILSON • MILLER • BARTON • SOLI.8.PEEK,INC. RECOMMENDED MODIFICATIONS TO EAC STIPULATIONS FOR FIVE LAKES PUD Petition R89-8 The following shall replace the language of the stipulations numbered 7 , 8 , 9 , 10 , 11 , 12 , and 13 contained in the staff report for the EAC meeting of September 20th, 1989 . Stipulation 7 Applicable local , state and federal jurisdictional wetland permit procedures shall be followed by the applicant prior to commencement of construction. Wetlands designated to be protected by appropriate agencies shall be preserved, restored, and maintained in accordance with permit mitigation requirements . - All jurisdictional wetlands shall be flagged by the petitioner prior to any construction. Preserve areas shall not be altered or modified with the exception of exotic vegetation removal or other enhancements as specified in applicable permits . Prior to development activities , wetland preserves and designated upland buffer areas to be protected shall be clearly indicated and fenced by suitable barriers or visual markers . These barriers shall be field approved by Collier County staff . Stipulation 8 Lake and water management areas shall be subject to applicable local , state and federal ordinances and permitting requirements . Issues that shall be addressed through the permitting process include creation of littoral zones if required, bank slopes, and required maintenance/buffer areas to be provided around preservation lands and water management facilities . Any chemical management for vegetation control in water management lakes shall be conducted by a licensed aquatic control company and shall be in accordance with federal label instructions . All Army Corp of Engineer and South Florida Water Management District jurisdictional wetlands shall be represented 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. Submitted by: Alan Reynolds , AICP Wilson, Miller , Barton, Soll & Peek , Inc . September 20 , 1989 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: August 18 , 1989 TIME: 8 :45 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center , Naples, Florida EAC STAFF PRESENT ADDISON ABS. BURCH X KURGIS X WEEKS X NEALE X PRYNOSKI X SNYDER X WORSHAM X TURRELL ABS. MINUTES BY: Annaliese Kraft, Deputy Clerk CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 1: 15 P.M. PRESIDING: Sharon Kurgis, Chairman ADDENDA TO THE AGENDA: 1) Status of proposed Landscape Code 2) Intercontinental Shelf Leasing and RECEIVED AUG 2 4 1989 PLANNING SERVICES Page 1 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 Oil Development in Gulf APPROVAL OF MINUTES: Mr. Neale moved, seconded by Dr. Snyder ane. carried unanimously that the minutes of Jul- 19, 1989 be approved with the following charcT on Page 9, second to last paragraph: "does not think that" be changed to '"questioned whether". PETITION NO. R-89-10/PU-89-9 FILED BY/FOR: Salvatore C. Scuderi , Attorney of Scuderi & Childs , representing Romano Ciocca and Laura Ciocca REQUESTING: A zoning change from RO to RSF-2 and a provisional use "a" of the residential single-family zoning district for a multiple docking area. (South end of Barfield Drive, Marco Island) REPRESENTED BY: Salvatore C. Scuderi , Attorney of Scuderi & Childs COMMENTS: Attorney Scuderi stated that the Petitioner owns a 3 plus tract acre of land on Marco Island origi- nally owned by Deltona with plans for a marina on the property and Petitioner wants to change the zoning to residential . Attorney Scuderi indicated that the Petitioner has no problem with Staff ' s stipulations . Ms. Prynoski stated that a site visit was made by herself and Keith Edwards on July 25 , 1989 . She noted that the property is 3 . 5 acres irregularly shaped and shows evidence of being disturbed in the past by either clearing property or an old spoil mound area caused by dredging of the nearby canals . She reported that the vegetation is primarily suc- cessional disturbance species, groundsel, wing sumac and dog fennel and noted that there are no trees. She reported that an existing seawall adja- cent to the property has the same kind of vegeta- tion and some Brazilian pepper . She noted that a scanning in the canal showed that the water in the canal showed no existing seagrass beds, but because the water was murky a stipulation was added to pro- vide that a better review of the canal system be made to ascertain if any seagrass beds are in it. Page 2 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 She indicated that Staff recommends approval sub- ject to 3 of the standard stipulations , but because this is being developed into single family, the common area should have landscaping requirements . Planner Weeks suggested making the stipulation applicable to the docking area . Ms. Prynoski indicated that at the end of the last sentence of Stipulation #4 after plat add, "or site development plan, whichever is applicable. " Mr . Weeks com- mented that will close any loopholes regarding whichever happens first, the platting of the pro- perty or the construction of the dock. MOTION: Made by Dr. Snyder, that Petition R-89-IO/PU-89-9 be approved subject to the stipulations indicated below. Seconded by Mr. Neale. Carried unanimously. I. Native species shall be utilized, as described below, in the site landscaping plan for the common area. 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 incor- - porate 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 o;~ 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 incor- poration of native species and their mix with othe'_ 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. 2 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction. from development areas, open space areas, and pre- serve areas. Following site development, a main- tenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and Page 3 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 subject to approval by the Natural Resources Management Department and the Community Development Division. 3 . If, during the course of site clearing, excavation, or other constructional activities, an archaeologi- cal or historical site, artifact, or other indica- tor is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 4. A thorough survey looking for seagrass beds in the surrounding waters shall be completed prior to approval of the final plat. Any seagrass beds found shall be surveyed and noted on all subsequent site plans and the information provided to Project Review Services during review of the final plat, or site development plan, whichever is applicable, PETITION NO. R-89-11/SMP-89-15 FILED BY/FOR: Shrewsbury Associates REQUESTING: A zoning change from A-2 to PUD (Casa Del Sol) and Subdivision Master Plan Approval . (Located at C.R. 951, 3/4 miles north of Rattlesnake Hammock Rd. ) REPRESENTED BY: Glenn E. Caudill of Anchor Engineering COMMENTS: Mr . Bill Byle, a botanist with Environmental Service Unlimited, displayed an aerial photo and a number of diagrams. He pointed out the 240 acre site on the photo, its boundaries and elevations . He stated that vegetation mapping and jurisdic- tional studies was done with the various agencies . He pointed out the areas of predominantly pine flatwood, solid pine palmetto islands, hydric pine flatwoods, scrubby pine cypress wet prairie, 5 low Page 4 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 pockets of sites on wetlands, a low pocket of buttonbush, cypress, willow tree, translating out to 9 acres of submerged wetlands and 179 acres of transitional wetlands on the site. He reported that all of the transitional wetlands are heavily invaded with exotics, mostly melaleuca ranging from 10 to 100 percent. He explained that some places have pine cypress and wet prairie. He pointed out 51 acres of uplands and stated that the Corps of Engineers and South Florida Water Management District claim jurisdiction over all submerged and transitional wetlands. He noted that the Corps and SFWMD declared the level of exotic invasion so great in those areas , mitigation was not expected. He indicated that there are 50 acres of viable upland plant community on site with 9 acres of submerged wetlands that are heavily invaded. Mr . Byle pointed out the wetlands, uplands, and acreage in the site plan. He noted on Page 9 of the EIS the 18 hole golf course comprised of 30 acres of playing area , the 614 proposed single- family residential units, either manufactured or single family, 37 acres of lakes with littoral zoned areas. Mr . Byle displayed a number of diagrams and charts showing the areas dredged and filled, low wetlands with cypress sprinkled throughout, and the lakes. He indicated that the total site is 240 acres; with 189 jurisdictional wetlands, and 75 functional wetlands and he pointed out the wetlands that will be preserved, restored and maintained. Ms. Prynoski questioned discussing the revised EIS Staff received yesterday. She noted that the major change was data on Page 9 affecting Staff ' s numbers , and stated that on Page 19 on the rear lot, the 15 foot buffer proposed for the rear portions of each lot was lost due to design criteria . She stated that the buffer zone would have to be filled and re- planted. She indicated the following changes: First paragraph, Page 2 would read transitional wetlands being 179 . 5 acres; 4th paragraph, 3rd line total mitigation acreage required by ACOE and SFWMD is 41. 6 acres and add SFWMD requires mitigation acreage of 51 . 5 acres, the last sentence in the paragraph change 72 acres to 27. 6 acres. �-. Page 5 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 Page 3 , first sentence change 47 . 0 acres to 51 . 1, second sentence cross out or 15. 8 acres by Collier County' s definition and change is to are. ( ii) changed to plat at least 5 . 2 acres, change 4 to 2 acres in the next sentence, ( iii) create 37 acres of lakes; ( iv) first sentence, maintain 23 . 7 acres of transitional wetlands. Next paragraph, first sentence this totals 71. 1 acres rather than 72. 2 , next sentence, change 9 to 9 . 5 acres. A lengthy discussion followed and changes were made in the stipulations. Ms . Prynoski indicated that jurisdictional agencies had been to the site in June and July. She reported that Staff had one difference in opinion; the line could be pulled out farther in the sub- merged wetlands and she stipulated that the wetlands be surveyed in the field and reviewed at the time of the actual site plan development with Staff. She pointed out that Staff disagreed with classifying the hydric pine flatwoods as uplands in the northeast corner because Cypress and Sawgrass were seen in the area, but if it is described as ESU says on all strata upland species , Staff will agree that it is upland. She noted that good upland is identified and mapped out and the western half is primarily impacted by melaleuca . She stated that in the submerged wetlands, the water mark is at the 1 to 1/2 foot line but in the mela- leuca areas it is at ground level. Ms. Prynoski reported that the area has been impacted due to road constructions and canals and the mitigation plan should be detailed in their explanation of the monitoring system. She empha- sized that Staff recommends that an ecologist or environmental scientist trained in mitigation monitor the program for a period of 5 years and meet with County Staff and update Staff regarding the success of the system on site. In response to Ms. Kurgis ' inquiry about the changes from the last EIS to the new EIS , Ms. Prynoski reported that some acreage was lost, the ratio of littoral to the wetland hammock in the lake margin area could be altered, losing the 15 foot buffer in the backyards would be subject to the 75 percent native vegetation, upland in this Page 6 1 J i ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 case, but stipulations could be placed on the buffer . Dr . Snyder questioned the lake aqua range required for water management? Eric Worsham, Environmental Specialist II , responded that Petitioner does not have an existing outfall for their water requiring a ditch or canal connecting the property boun- daries. He reported that it is being designed for zero discharge to retain the water and the aqua range is a solution to clearing additional area for a driving range. He indicated that the golf ball retrieval will be designed according to SFWMD' s requirements. Mr . Byle explained in detail mapping of the site according to the SFWMD classification cover system. He reported that no protected species such as red cockaded woodpeckers were found. He noted that zero discharge is to restore the hydro- periods of the water levels on the site. He empha- sized that all water on the site will ultimately end up in the wetlands . He discussed the fact that mitigation was described in detail and an intense effort will be made to restore the plant community. .-� He noted that exotics will be removed and replaced with native plants and water will be directed into the wetlands. He explained that the lake main- tenance easement required by the SFWMD does not allow more hydric hammocks around the lake littoral zones. Dr . Snyder requested a description of the hammock mitigation. Mr . Byle replied that tree type materials will be planted throughout the littoral zone, such as cypress, willow, maple trees, and other vegetation such as dahoon holly, creating a cross section of vegetation. He noted that this has been done on a 6 acre restoration in The Timbers in County. In response to Ms. Prynoski , Mr . Byle stated that the Petitioner will plant as much as the permitting agencies allow, because of the mitigation credits and the improved appearance of the project. Mr . Neale questioned why the buffer zones were eli- minated? Mr . Glenn Caudill of Anchor Engineering explained that the 15 foot buffer zone was taken out of the EIS because it was stated to be an undisturbed 15 foot buffer zone. He noted that the only difference is that fill will be added to the Page 7 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 area to accomplish overland flow from the lot to the lake. He pointed out the area on the displayed map. Mr . Neale asked if the Petitioner would be willing to go with the 15 foot buffer , filled and replanted with natural vegetation? Mr . Caudill responded that is what the Petitioner is proposing to do. A discussion followed about the berms around the lakes. Dr . Snyder pointed out that many subdivisions have dry retention. Mr . Caudill explained that to have a marketable product, 15 feet in the rear yard as a play area is desirable rather than a wet standing area . Mr . Neale questioned the rear yard between the buffer zone and the house? Mr . Caudill responded that ideally Petitioner would like to have 20 to 25 feet from the rear portion of the house to the property line. Mr . Neale questioned if the buffer zone is planted in a natural state as part of the backyard, not a common area, if it can only be controlled through deed restrictions? Mr . Caudill concurred. A discussion followed about developing wetlands. Dr . Snyder questioned the 2 foot rim around the lake above mean high water? Mr . Caudill explained that water has to be contained in the lake. He pointed out that most of the site will have to be raised and will require 2 to 2-1/2 feet of fill . In response to Dr . Snyder , he noted that the lots are 100 feet deep, 60 feet by 100 feet. A discussion followed about drainage. Dr . Snyder emphasized that he would feel more comfortable if there were a more detailed description of how the buffer will be created. Mr . Byle explained that all the yard areas will be 75 percent native landscaping with some trees, and noted that the yards back up to the buffer around the project. Ms. Rae Ann Scholey of Environmental Services stated that on Page 19, General Conditions for Residential Lots, specific coverage requirements are included. She emphasized that there will be specific tree clusters, with percentages of native landscaping and tree canopies. Mr . Snyder indi- cated that there has to be something more than per- centages in relation to trees. A discussion followed about tree planting. Mr . Byle suggested putting in "30 percent for new lot area" . Ms. Scholey noted that new lot areas impacted by fill will have a minimum tree canopy of 30 percent. Page 8 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 A lengthy discussion followed about buffers and lot lines followed by a display and explanation of maps and diagrams at the conference table. *****Recess: 10:35 A.M. 10:50 A.M. ***** David Weeks, Planner , stated that the Subdivision Master Plan and/or PUD documents be revised to indicate the cross section discussed go from the lake area to the preserve and to the lot itself . He explained that the Zoning Ordinance specifically states that the County is not responsible for enforcing deed restrictions, and it will be up to the Homeowner ' s Association to pursue and enforce restrictions to maintain the preserve area. He pointed out that on similar projects, the area is designated as a conservation or preservation ease- ment, and at the time the plat is recorded there is a notation that references the PUD document by ordinance number . He indicated that puts the prospective property owner on notice that there are restrictions, even though he owns the lot. He explained that having an easement designated on the plat will show up both on the survey and when they come in for their single-family building permit, �-. assuring that the actual preserve areas will be preserved. Mr . Caudill stated that Petitioner agrees with Planner Weeks and would show it on the plat. Mr . Weeks suggested revising the Subdivision Master Plan also to reflect that. Mr . Neale pointed out that if the easement is designated on the plat and the homeowners violates it, his title insurance is invalid. Mr . Weeks commented that the percentage of created preserve or landscaped area cannot be insured and if it is placed in the deed restrictions or the homeowner ' s covenant, it is beyond the County' s control as to whether or not it is enforced. In response to Dr . Snyder , Mr . Caudill replied that when the lakes are constructed, the buffer will be cleared of melaleuca and sloped and planted and be an amenity that comes with the lot. Dr . Snyder questioned how large the trees planted would be to give the ground surface area a canopy of 30 per- cent? He pointed out that mature trees are needed to have 30 percent coverage and questioned if there might be a way to tie this in with the specs used Page 9 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 in landscaping? Mr . Byle pointed out on the displayed diagram the preserve areas and how they would be done in accordance with The Corps of Engineers and the SFWMD. He emphasized that the Agreement requires mitigation as part of the specific conditions and the Petitioner proposed in the permit a 5 year monitoring program of all restored wetlands. A discussion followed about the 30 percent tree canopy coverage. Mr . Byle pointed out that on Sanibel Island the tree is required to be a certain size when installed. Ms. Prynoski noted that in the Landscaping Code, Section 8 . 30 gives minimum size dimensions for trees . A discussion followed about the landscaping code. Mr . Byle suggested that with a 30 percent tree canopy on site, additional trees should not be required, but the trees should be a certain height and d.b.h. when installed, and the canopy coverage will be achieved within a time period, i .e. Sanibel Island requires 5 years. Ms . Kurgis suggested rear lot areas impacted by fill should reach a minimum tree canopy of 30 percent within 5 years. In response to Mr . Neale, Mr . Caudill pointed out ^ on the diagram the golf course and lakes going in in Phase 1, including half lots, all the lakes and golf course of Basin 1. Mr . Caudill indicated that within 5 years the project should be built out. Mr . Caudill responded that the 5 year monitoring period will not end as the second phase is started . A lengthy discussion followed about stipulation changes. The explanations, changes , comments , etc- from members of the audience are inaudible. MOTION: Made by Mr. Neale to recommend approval of Petition R-89-11 SMP-89-15 sub'ect to the followin• sti•ulations. Seconded by Ms. Burgs. Carried unanimously. 1. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be sub- mitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be Page 10 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 submitted in phases to coincide with the develop- ment schedule. The site clearing plan shall clearly depict how the final site layout incor- porates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2 . All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and pre- serve areas. Following site development, a main- tenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Division. 3 . If, during the course of site clearing, excavation, or other constructional activities, an archaeologi- cal or historical site, artifact, or other indica- tor is discovered, all development at that location. shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 4 . ACOE AND SFWMD permits shall be obtained and copies will be forwarded to Collier County Project Review Services (CCPRS) . If required ACOE and/or SFWMD mitigation alters the proposed SMP-89-15, the site plan shall be subject to the review process in effect at that time. 5. Documentation of approval of the survey (methodology and results) conducted by petitioner° s agent shall be obtained from the Florida Game and Fresh Water Fish Commission in regards to the pre- sence and distribution of protected animal species- If so required or if during development activities Page 11 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 protected species are encountered, CCPRS shall immediately be notified and project designs shall be adjusted if warranted. 6. Protected plant species listed as sited in the revised EIS and those sited during development activities shall be protected from injury or relo- cated on site, preferably to preserve or landscaping areas. 7 . All preserve areas as designated on the Master Play shall be flagged by the petitioner prior to any construction in the abutting area, and habitat pre- serve boundaries shall be subject to the review and approval of the Collier County Project Review Services (Environmental Review Staff) . The wetland. and/or upland preservation areas shall be deeded to and under the control of the Homeowners associatior. or management company to be maintained in its natural state for as long as the development exists. No upland or wetland preservation areas or zones shall be altered or modified from the natural state. 8. Prior to any development activities near wetland or upland preserves, buffer zones, cluster tree islands, landscaping, wetland restoration or creation, or any other unique area designated so by the environmental consultant, shall be clearly marked with wooden or other suitable barriers no closer than six feet from such area. 9. Seventy-five percent (75%) native/xericscape landscaping shall be required for all residential areas and ninety percent (90%) for all common areas. Landscape restrictions and guidelines shall_ be incorporated into policies and/or deed restric- tions. 10. All competitive exotic vegetation shall be mechani- cally removed in areas isolated from native trees and shrubs, and manually removed or treated with ap. approved herbicide and left standing in areas where native trees or shrubs could be damaged by the removal operation. Annual monitoring and main- tenance shall be conducted by a qualified restora- tion ecologist. Monitoring and maintenance plan shall be part of final site plan. No chemical spray treatment shall be used since young plants Page 12 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 are easily pulled out by hand. Monitoring report to be submitted with annual PUD report. 11. There shall be no disposal of law or garden resi- dues in any of the wetland or upland preservation areas or buffer zones. This restriction will be incorporated into policies and/or deed restric- tions. 12 . Residential units shall be subject to the following guidelines that shall be incorporated into policies, deed restrictions and incorporated into the plat as an easement. a. Units shall maintain a 15 foot natural buffer alone_ the rear lot. b. If the buffer zone has a native tree canopy less than 30%, it must be planted to reach the 30% leve?_ within 5 years, the lot owner may plant additional native trees and/or shrubs as long as it does not compete with or damage any of the existing vegeta- tion. c. The buffer zone understory of grasses, hedges and weeds may be selectively cut or mowed once a year during the months of December, January or February, with the mower blade set at least four inches off the ground. d. Exotic vegetation shall be removed and annually controlled to prevent it from out-competing and displacing native plants. e. Areas that are impacted by fill, beyond the 12 feet perimeter yard area, the yard area including the buffer shall be re-vegetated to a minimum tree canopy of 30% within 5 years with native and/or_ non-competitive ornamental species such that a minimum of 75% of the canopy consists of native species. f. To provide maximum wildlife habitat, clusters of trees and/or shrubs and palmettos (i.e. slash pine with palmetto and/or wax myrtle growing around their bases) on lots where the canopy is less than 30%, shall be treated as landscape islands and shall be limited to the occasional raking or remo- val of debris from the understory as a fire preven- tion measure. Page 13 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 13 . The wet prairies shall be cut with a rotary-blade chopper (bush-hog) once every two years, alter- nating, so only half of an area is cut each year. 14. Lake creation shall be subject to the following: a. 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 com- peting desirable ones. b. No chemicals shall be used as a vegetation control method. c. In lakes where species such as cattails begin to out-compete other emergent plants, mechanical har- vesting of no more than 75% shall be employed as long as it does not alter the littoral zone con- figuration and the area is re-vegetated with more desirable species. d. Constructed lakes shall maintain a littoral zone around the lake with typical native aquatic vegeta- tion reloated from on site and/or propagated by commercial sources. Lake littoral zones will be designed in accordance with Water Management District and U.S. Army Corps of Engineers permit specifications. e. At least 5.2 acres of native herbaceous aquatic plants and 2 acres of native wetland hammock trees and shrubs shall be planted in the littoral zones and lake margins up to the rear lot line except for easements required by South Florida Water Management District for maintenance purposes. f. Revise the Subdivision Master Plan and PUD Master Plan to include a typical cross section indicating and identifying the lake water' s edge, the bank slope, the water management maintenance easement and the buffer area on the rear of the single family lots, all to be done prior to the CCPC hearing. 15. Functional submerged wetlands and wetland preserve/conservation areas, as identified jointly by the project ecologists and ecologists from the County, Corps of Engineers and the South Florida Page 14 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 Water Management District shall be preserved, restored and maintained. Detailed water management plans designed to maintain historic hydroperiods i_P. all wetland areas aforementioned shall be submitter' for environmental approval by Collier County Project Review Services prior to construction plan approval . 16. 23.7 acres of transitional wetlands shall be prese7%^ or restored. 17 . 9 . 5 acres of uplands, as designated, shall be preserved. 18. Golf course fairways and community property shall be subject to: a. Areas of native vegetation shall but cut no more than twice a year with a rotary chopper (bush-hog) set 6 inches off the ground, during the months bet- ween August and February. b. No fertilizers or chemicals shall be applied to arc native vegetation except for planted trees and shrubs to help promote root development and stem growth. c. Natural tree and shrub clusters shall be protected from cutting as they provide diversity and cover for wildlife. d. If treated wastewater effluent becomes available from existing or future wastewater treatment plants, an agreement shall be made to use such effluent for irrigation of the golf course. 19. The proposed 5 year wetland water level and revege- tation monitoring program will be submitted to the CCPRS and SFWMD for approval five years after the completion of the development phases. 20 . A 20 foot buffer will be provided around preserve/conservation area land, wetlands, pro- tected uplands, or other areas designated under the plan to be protected, subject to water management district specifications for buffers. Lakes will be an exception to this buffer zone and subject to buffer zone requirements of SFWMD, Page 15 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 21. Prior to final site construction approval, all conservation and preserve areas and all ACOE, SFWMD jurisdictional wetlands shall be represented on the site plan by a survey prepared, signed and sealed by a professional land surveyor. Prior to construction, areas subject to alteration shall be flagged by the petitioner, the alignments/configu- rations to be subject to the review and approval of Collier County Project Review Services. 22 . Designate on the plat as conservation easement those areas of existing native vegetation to be preserved and the 15 foot buffer of native vegeta- tion to be preserved as noted on the PUD Master Plan and/or identified in the EAC Staff report. These areas also would be identified on the revises, Subdivision Master Plan and PUD Master Plan prior to the CCPC hearing. The easements shall not be dedicated to Collier County. 23 . Place a notation on the final plat indicating that sod alteration, development, maintenance etc. within conservation easements is restricted by the provisions of the Casa Del Sol PUD Ordinance 89- (whatever the number will be) . 24. Provide setback distances from the conservation easement within the development standard portions of the PUD document. 25. For all of the stipulations above, mutual agreements must be reached between Collier County Project Review Services and personnel of Casa Del Sol. If mutual agreements cannot be reached, the matter will be brought before the Environmental Advisory Council or whatever County environmental review board is in power at the time of disputes; this governing entity will act as an arbitrator for disputes. If arbitration is futile,. the matters will be brought before the Board of County Commissioners (BCC) , to BCC to act as the final arbitrator. *** PETITION NO. R-89-7 FILED BY/FOR: Dr . Neno J. Spagna , of Florida Urban Institute for Garrett F.X. Beyrent and Teryl Beyrent. Page 16 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 REQUESTING: A zoning change from Estates to PUD (Tropical Interchange Plaza . (1/4 mile west of I-75 on north side of Pine Ridge Road) REPRESENTED BY: Dr . Neno J. Spagna , of Florida Urban Institute COMMENTS: Dr . Spagna , representing the Petitioner stated that Staff has outlined the project which consists of 4 . 4 acres of land at Pine Ridge Road and I-75 . He reported that a 126 room motel , filling station and restaurant are planned for the subject pro- perty. He indicated that the environmental quality of the property has been eliminated within recent years . Ms. Prynoski stated that she and Keith Edwards visited the site on July 25 , 1989 , Staff has no environmental concerns and recommends approval with the standard EAC stipulations . MOTION, Made by Mr. Neale to recommend approval of Petition R-89-7subject to the stipulations indicated below. Seconded by Ms. Kurgis. Carried unanimously. 1. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be sub- mitted 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 develop- ment schedule. The site clearing plan shall clearly depict how the final site layout incor- porates 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% Page 17 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16, 1989 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, excavation, or other constructional activities, an archaeologi- cal or historical site, artifact, or other indica- tor is discovered, all development at that location. shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. PETITION NO. PDA-89-6 FILED BY/FOR: Dr . Neno Spagna of Florida Urban Institute, Inc. , representing Domenico and Angela Gadaleta Page 18 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 REQUESTING: A PUD amendment to Gadaleta PUD (R-87-31C) (West side of Old U. S. 41 just south of Lee County line) REPRESENTED BY: Dr . Neno Spagna of Florida Urban Institute, Inc. COMMENTS: Dr . Spagna, representing the Petitioner, explained that in December a rezone of property on U. S. 41, south of the Lee County line was requested and approved by the Board of County Commissioners. He reported that at that time there was a possibility of water being available at that site, but at present the waterline now ends at Landmark Estates and has not been extended. He stated that it could be seven years before there is water on the pro- perty. He indicated that the Petitioner is now asking to have the original PUD amended and be permitted to put a golf driving range on the the subject property until the water gets there, or a period of seven years. He noted that, after the seven years, the Petitioner will complete all the requirements of the original PUD. He stated that he had reviewed Staff ' s report and the recommen- dations are agreeable, but several points need to be discussed. Dr . Spagna pointed out that in Item No. 8 , where Petitioner would like the 200 yards for a driving range be extended to 250 yards . He indicated that in Item No. 10, conservation area shall be main- tained as a conservation area, he would like to add "unless agreed upon by the NRMD" , so that Petitioner has some flexibility in the wording. He stated that in Item No. 13 , he would like to add "unless agreed upon by the NRMD. *****Recess: 12 :05 P.M. 12 : 15 P.M. ***** Ms. Prynoski stated that she had made a site visit with Dr . Spagna on August 2, 1989 . She noted that the area of impact is within the 25 foot setback from Old U. S. 41, and there will be a 50 foot buffer zone at the protected north/south wetland area and no impact to the west back portion of the site. She indicated that the area has two good upland habitats; one upland pine with a relatively open canopy of slash pines with a good understory layer of saw palmetto, rusty lyonia, galberry and other related species; the other habitat is xeric Page 19 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 scrub. She reported that these habitats merge at a certain point and are good oak habitats. She stated that they consisted of scrub oaks with rose- mary, saw palmetto, rusty lyonia, species of epiphites, gopher apple, graminoids, prickly pear cactus and an abandoned gopher tortoise burrow. She explained that there is good scrub oak habitat which is quickly vanishing in Collier County, and the fact that this is temporary and may last for 7 years, Staff would like a minimal amount of disturbance to that area. She reported concern about the impervious area. She indicated that extending the 200 yards would not be a problem, but expressed concern about how much vegetation, i .e. the scrub oak habitat, should be removed. She noted that she does not agree that anything in the PUD should be altered in terms of the area designated as a conservation area on site. She pointed out that if the project is approved, transplanting of the xeric oak, heeling in and transplanting back will have to be done. Ms. Kurgis stated that she did not see a vegetation map, and she would like to see some of the stipula- tions in the original PUD. After a lengthy discussion, it was the consensus of the Board that this matter be continued to the next meeting when the original PUD is available. ITEM: NEW BUSINESS - FISH CAMP DEFINITION COMMENTS: Eric Worsham, Environmental Specialist, reported the Fish Camp review process consists of the EAC Fish Camp definition with stipulations. He noted that if the stipulations are complied with, he approves it and it is then forwarded to the Health and Rehabilitative Services who require a septic tank. He explained that the residences constructed in the past 2 years on Little Marco and Keewayden Island have had septic tanks installed; contrary to the definition of a fish camp. He stated that he met with Mike Moore of HRS and requested that the HRS not approve any more building permits for "ST" areas with septic tanks and lateral fields. He indicated that he was seeking some sort of compro- mise. He reported that Mr . Moore informed him that any permanent structure with electrical utili- ties requires a septic tank and lateral field, if Page 20 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 both black and gray water are generated, gray water being showers etc. Mr . Worsham explained that if no gray water is generated, HRS codes allow a chemical or an organic composing toilet, and as a temporary compromise, he is now requiring all drawings submitted for "ST" areas show no plumbing in the plans and a statement that no plumbing is required. He emphasized that this is an interim measure. He reported that Coastal Engineering obtained a DNR variance for several lots on Keewayden Island and that they have filed various proposals for building elaborate houses on these which do not fall within the Fish Camp definition. He stated that Coastal Engineering will make a pre- sentation at a future EAC meeting. He indicated that Coastal Engineering wishes to put in large structure, 2,500 to 3 ,500 square feet and still meet the Fish Camp definition and HRS con- siderations. Mr . Worsham reported that there should be a limita- tion on the size of structures allowed to be built on barrier islands, similar to what the Zoning Code requires for a hunting camp, i .e. 550 square feet. He explained that most structures built on Little Marco and Keewayden Island have been in the 1, 000 to 1, 200 square feet range for the last couple of years . He indicated that in the past 6 months, 2,500 square feet has been the average. He pointed out that he has not approved any of the building permits pending a decision on this matter . He explained that these structures are stilted, many contain passive energy sources such as solar collectors, but are quite large and would require a lot of clearing, septic tanks, alteration to the site. He emphasized that the lots are only 100 feet wide and although these structures may only be 800 or 900 feet in depth, they would make a signi- ficant development. He reported that the issue of gray water must be addressed, because septic tanks and lateral fields have to be accepted by the County unless gray water is prohibited. He suggested the issue of size be considered because land values are increasing rapidly, encouraging the size of the structures to increase. James Burch, Chief Environmental Specialist, noted that two projects were taken to the Governor and the Cabinet for approval, one was less than 20 Page 21 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 units and the other was almost entirely in the City of Naples with a small amount in Collier County jurisdiction. He reported that he did not know the details. In response to Mr . Worsham, Mr . Burch replied that none of the structures are in County jurisdiction unless there are less than 20 . Mr . Worsham pointed out that in the near future, 20 or more building permits will be presented to him for structures larger than what has historically been built there and extensive fill will be required to get over the 10-year flood plain. In response to Mr . Neale, Mr . Worsham explained that there is a hurricane velocity zone building standard review process which is a structural consideration, even though the EAC definition also requests that to prevent filling. He indicated that even without that stipulation from the EAC, there would still be stilt houses. He reported that the filling is for the processing of the waste. He pointed out that a Fish Camp is a tem- porary use structure and noted that in the plans he has seen recently, the HRS is not willing to con- sider temporary structures or temporary use struc- tures because they are too elaborate. He explained .-� that the construction costs are $150 , 000 and very permanent, even if not used on a daily basis, and the HRS views them as permanent structures . He pointed out that temporary residences inhabited part of the year encompass a great deal of Collier County. Dr . Snyder questioned how the County can get around the gray water question? Mr . Worsham replied that in order to meet the HRS requirements , people are not expected to take showers. Ms . Kurgis stated that water can be carried on and off. Mr . Worsham indicated that cisterns are allowed as long as the water is not piped into a system. He noted that the only way around that is a temporary structure for a temporary gathering of people in a remote location with no electrical utilities. In response to Dr . Snyder , Mr . Worsham pointed out that genera- tors or solar collectors produce electricity, adding the additional requirement of an organic composing toilet. He explained that gray water will require a septic tank and lateral field. A discussion followed about septic systems on Keewayden. Page 22 ' ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 In response to Dr . Snyder , Mr . Worsham replied that an evaluation of the "ST" zoning overlay applying to Barrier Islands is needed. Ms. Kurgis questioned if revising the Fish Camp definition would be a solution? Dr . Snyder and Mr . Neale indicated that it is not wise to put septic systems on barrier islands. Dr . Snyder pointed out that HRS requires a septic system if people want to take showers while the County says they cannot put a septic system in. Mr . Worsham indicated that he has suggested outside showers similar to ones between the beach and gulf residences allowing the water to go where it goes. He pointed out that if electricity is provided, a treatment system for the gray water must also be provided. A discussion followed about gray water and a solution. Mr . Neale and Ms. Kurgis indicated that they would like to hear Coastal Engineering ' s presentation next month. In response to Ms. Kurgis, Mr . Worsham indicated that plans have not been prepared and will not be until the EAC provides some guidance. It was the consensus of the Board, that this matter be continued for a month. ITEM: ADDENDA - LANDSCAPE CODE Mr . Burch stated that he has the proposed Landscape Code developed by the Landscape Code Committee for review, and he will mail a schedule of activities to the EAC. ITEM: ADDENDA - OUTERCONTINENTAL SHELF LEASING AND POSSIBILITY OF PETROLEUM DEVELOPMENT IN THE GULF Mr . Burch reported that requests for information and comment were received from the Governor ' s Office and The Minerals Management Service regarding the preparation of an EIS. He stated that the EIS will be done by The Minerals Management Service and information and comments will go to the Department of the Interior through the Governor ' s office. He pointed out that he had prepared a letter signed by the Chairman of the Board of County Commissioners opposing offshore drilling, together with a general idea of the habi- tats in the coastal systems in Collier County, as well as a Resolution adopted by the Board of County Page 23 ENVIRONMENTAL ADVISORY COUNCIL AUGUST 16 , 1989 Commissioners opposing petroleum development. He stated that a copy of the Conservation & Coastal Management Element of the Growth Management Plan as a source of information on Collier County' s coastal. system and a synopsis of the goals, objectives and pertinent policy will be mailed to the Department of the Interior . He stated the projected uses and population growths of the coastal region and how they affect the economy of the area and the ramifi- cations of a petroleum disaster offshore is being prepared by the Planning Department. He noted that other issues in the EIS for consideration are wind and air currents, petroleum contamination, spill potential, problems specific to mangrove systems and stated that he is receptive to any suggestions for consideration. He emphasized that he wanted the EAC to be aware of this interac- tion with the Governor ' s Office and the response to the Federal Government. He indicated that the EAC may feel it is appropriate to draft a letter or resolution to the Department of Interior and the Presidential Task Force reflecting their position. A discussion followed about preparation of the letter . Mr . Burch indicated that he will provide material to the EAC. ***** There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COUNCIL Sharon Kurgis, Chairman Page 24 DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Barbara N. Prynoski P Environmental Specialist I - , , DATE: September 14 , 1989 RE: Petition PDA-89-11; William R. Vines, AICP of Vines and Associates, Inc. , representing Mobil Oil Corporation; requesting a PUD Amendment to Quail II. The purpose t6 the PUD document amendment is to insert language which will clarify the commercial services which may be incorporated in a permitted gasoline service station. No change of use or intensification of use is proposed. The Mobile Site Development Plan has been approved, with the exception of that portion of the plan indicting car wash. Upon approval of PUD language amendment, the building permit can include car wash. Considering the above, Staff administratively approves petition PDA-89-11 subject to the following stipulation: 1. Petitioner shall obtain all necessary local and state permits for the disposal of gray water. DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Barbara N. Prynoski b Environmental Specialist I DATE: September 14, 1989 RE: 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. Petitioner requests approval for a ten (10) unit motel addition, zoning district C-4 . The subject property is a 1. 38 acre parcel (200' x 300' ) located at 11238 East Tamiami Trail, on the west side of U. S. 41, between Raintree and Cypress Lanes. The petitioner had previously applied for the identical provisional use and received approval (Reference Petition No. PU-86-30C and Resolution No. 87-25) . Petitioner allowed 87-85 to expire. According to Natural Resources Management Department Staff report for 02/04/87 EAC meeting, the area had been previously cleared, leveled and graded and is vegetated by weeds and grasses. Staff administratively approves PU-89-14 subject to EAC Standard Stipulations 2-4 as follows: 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 Staff Report PU-89-14 EAC Meeting 9-20-89 Page 2 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 any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. -2- PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 9/20/1989 Petition: 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. ) Considerations: 1. Proposed Uses/Location: The petitioner proposes to rezone (R-89-9) a 2 .5 acre "E" parcel and a 5. 15 acre PUD parcel to PUD (Randall Blvd. ) . The PUD would be amended to include the 2 .5 acre site. It is the petitioner's intent to develop the site into a small shopping center, 50, 250 square feet of gross floor area along with its accessory uses, sewage treatment facility, streets, off-street parking, loading/unloading, water retention areas and landscaping. R-89-9 is not in conformance with the Future Land Use Element or the Sanitary Sewer Sub-Element of the Collier County Growth Management Plan. The Environmental Advisory Council minutes, April 16, 1986, indicate that the PUD (Randall Blvd. ) rests on the eastern extension of the Coral Reef Aquifer, an important freshwater resource. The property is located South and adjacent to the northern "bend" of Immokalee Road and Randall Blvd. The proposed rezone property is located on the south side of Randall Blvd. between the Big Corkscrew Island Fire and Rescue Station and the Randall Blvd. PUD, adjacent to the south. The subject properties are vacant. Land elevation of (R-89-9) "E" site is 12 ' M/L. (Source: Dr. Neno J. Spagna) . 2 . Site Description/Vegetation/Wildlife: A site visit was conducted on August 2 , 1989 by Barbara Prynoski of Collier County Planning Services (CCPS) accompanied by Dr. Neno J. Spagna. Staff Report R-89-9 EAC Meeting 9/20/89 Page 2 The existing Randall Blvd. PUD site appears to have been selectively cleared in the past. The northern ± 200 yards of the site is primarily graminoids, dog fennel (Eupatorium capillifolium) , Pluchea odorata and a few slash pine (Pinus elliottii) saplings. Two hundred feet in, progressing to the rear, southern boundary vegetation consists of scattered slash pine, occasional cypress (Taxodium distichum) and cabbage palms (Sabal palmetto) , graminoids, snake root (Zigadenus glaberrimus) . The parcel of land requested for rezoning is similar in vegetation composition, but contains a few more individuals of bald cypress in the southwest corner along with occasional saw palmetto (Serenoa repens) , muscadine grape vine (Vitis rotundifolia) , swamp fern (Blechnum serrulatum) , and saw grass (Cladium lamaicense) . According to the R-86-3C Environmental Report, John Beriault, president of the Southwest Florida Archaeological Society, the area is of no known historical significance. Wildlife observed (0) or heard (H) is as follows: Mourning Dove (Zenaida macroura) (0) Common Nighthawk (Chordeiles minor) (0) Cicadas (Suborder Homoptera) (H) Recommendations: Concerns are related to conformance with Collier County's Future Land Use Element and the Coral Reef Aquifer. Considering the above, staff recommends approval of R-89-9 with the following stipulations: 1. This approval is based on environmental considerations only. Future Land Use Compliance, Sanitary Sewer Sub-Element Compliance and ultimate approval of R-89-9 is subject to Planning review. 2 . The stipulations approved at the 4/16/86 EAC meeting will be incorporated. They are as follows: a. If possible, structures should be placed to prevent the destruction of existing mature, old slash pines. If necessary, the mature cabbage palm should be relocated and used for landscaping. Staff Report R-89-9 EAC Meeting 9/20/89 Page 3 b. Facilities should be designed to reduce the amount of impervious surface; perhaps an alternative would be extensive use of pavement (paver) bricks. 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 monitoring should be used for the gasoline facilities. d. That the EAC call to the Board of County Commis- sioners' (BCC) attention that this facility 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. 3-6 Standard Stipulations 1, 3 , and 4 as adopted by the EAC on 4/1/87 and Standard Stipulation 2 as adopted on 12/7/88 . (See attached page. ) PREPARED BY: 4��- y(t- ,,tyk DATE: c..t-eip)le�t-G�.-►.. /4 / y BARBARA PlONOSKI REVIEWED BY: � 5/� KEN B GINSKI REVISED WORDING FOR STANDARD EAC STIPULATIONS (No.s 1,3,4 Adopted by EAC on 4/1/87) (No. 2 Adopted by EAC on 12/7/88) 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 lust 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 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 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. MEMORANDUM TO: Barbara Prynoski Environmental Specialist I FROM: Philip J. Scheff Project Planner DATE: September 11, 1989 RE: Petition R-89-9, Randall Boulevard Center With regards to your inquiry, this petition has been found to be inconsistent with both the Future Land Use Element and the Sanitary Sewer Sub-Element of the Collier County Growth Management Plan. Future Land Use Element Commercial development is allowed in the Estates District -- provided certain criteria are met. Petition R-89-9 is inconsistent with the criteria in two respects. 1. Criterion: The project is 2 . 5 acres or less in size. Petition R-89-9 : The proposed request would add 2 . 5 acres of commercial to 5. 15 acres of presently existing commercial. 2 . Criterion: The project is no closer than 5 miles from the nearest developed commercial area, zoned commercial area or designated Activity Center (measured by radial distance) . Petition R-89-9 : The proposed request is within 4 miles of the nearest zoned (and developed) commercial area. Sanitary Sewer Sub-Element Refer to attached memorandum dated August 30, 1989 , from Ken Cuyler to John Madajewski. PS89-172 MEMORANDUMil a ..� I nJlG v 1 11 f --J- ::::: DATE: August 30, 1989 )*'1 TO: John F. Madajewski, Project Review Services Manager FROM: Kenneth B. Cuyler, County Attorney RE: Randall Boulevard Center P.U.D. Project This memorandum is in response to your question regarding a proposed rezone which would expand a currently zoned commercial parcel located on Immokalee Road near Randall Boulevard and whether such proposed rezone is in compliance with the Sanitary Sewer Sub-Element of the County's Growth Management Plan. This memorandum assumes the following facts: 1. There is a currently zoned commercial parcel for which the developer intends to provide sewer service through a private package plant. 2 . The developer has voluntarily filed a P.U.D. amendment petition to rezone additional property for the same or similar Luses adjacent to the existing zoned but undeveloped parcel. i 3 . The developer intends to increase the size of the private package plant in order to serve the additional parcel if it is rezoned and developed. 4 . The existing zoned parcel and the proposed adjacent parcel are located outside of the Designated Urban Area of the Growt& Management Plan. The specific question you have presented is whether the goals, objectives and policies of the Sanitary Sewer Sub-Element of the Public Facili 'es Element of the Collier County Growth Management Plan allow o prohibit the expansion of the private package plant at a locati outside of the Designated Urban Area. The folio ing policies of the Sanitary Sewer Sub-Element are relevant to your question and, in fact, provide the answer to your question: rF Policy 1. 1.4 : Permit development of package sewage treatment plant systems only within the Designated Urban Area of this Plan, and individual septic tank systems within the County only when connection to an existing central system is not readily accessible to render service. (Emphasis added) - _ � `.. Objective 1.5: The County will discourage urban sprawl and encourage public and private sector sanitary sewer service suppliers to maximize the use of existing facilities through the development order approval process by implementing the following policies. Policy 1.5. 1: Discourage urban sprawl by permitting public and private sector central sanitary sewer systems only in the Designated Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban area as of the date of adoption of this Plan. (Emphasis added) To summarize, since the proposed rezone is for a parcel of property outside of the Designated Urban Area of the Future Land Use Element of the Comprehensive Plan and in an area where the County has no legal commitment to provide facilities or service as of the adoption of the Comprehensive Plan, the County is not authorized to approve the additional rezone of land to be served by the expanded private package plant. My opinion is that the approval of either a new private package plant or the approval of additional land uses which necessitate the expansion of a private package plant outside the Urban area would result in non-compli- ance with the Growth Management Plan. If you need any additional information or want to discuss this matter in more detail, please contact my office. K$C-- vek KBC/kn • y_ r C PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 9/20/1989 Continued from EAC Meeting 8-16-89 Petition: 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) . Considerations: 1. Location/Proposal Subject property is located on the west side of Old U. S. 41, just south of the Lee County Line. The approximately 17. 28 acre site is undeveloped. Zoning to the north is PUD (Spanish Wells) , to the east is Industrial, to the south is A-2 and to the west is RMF-6. The petitioner is requesting temporary use of subject site for a golf driving range for a minimum of seven years or until the county utilities system is able to provide potable water to the property. Amendments proposed to Petition R-87-31C, adopted by the Board of County Commissioners as Ordinance 88-50 on May 24, 1989 are as follows: a. Addition of Section 3 . 5. 1 Temporary Use For A Driving Range; b. Upon termination of the golf driving range use, Section 3 . 5. 1 will terminate and petitioner agrees to develop the subject property in accordance with the stipulations of the PUD; c. The addition of the golf driving range, snack shop, golf equipment sales area; d. The improvements shall consist of 40' X 60' (more or less) office/maintenance building, a putting green, a practice green/sand trap, seventy (70) paved off-street parking spaces, a 25' X 40' paved loading/unloading area, driving golf range related facilities, along with a temporary road and approved well and septic system to serve the facility; Staff Report PDA-89-6 EAC Meeting 9/20/89 Page 2 e. The petitioner shall provide a fifty (50) foot buffer of the native vegetation along the north and south property lines; f. All xeric oak, (Quercus sp. ) exceeding a 4" diameter breast height and wax myrtle (Myrica cerifera) will be retained in place, or, if their removal is required for the development of the golf driving range, they will be moved to another location on the site, "healed in" and preserved until such time as they can be permanently re-planted as part of the required landscaping of the property as approved in petition R-87-31C; g. The preserve areas shown on the site plan will be retained in their existing condition; h. The removal of slash pine (Pinus elliottii) and saw palmetto (Serenoa repens) will be kept to an absolute minimum, sufficient to allow golf ball in-flight visibility for the customers using the driving range. 2 . Site Description/Vegetation/Wildlife The northern boundary line runs along a drainage area for the Spanish Wells PUD. Vegetation along this boundary consists primarily of wetland species along the channel edge, i.e. cattails (Typha latifolia) and swamp fern (Blechnum serrulatum) . The petitioner has proposed a 50 foot buffer to be retained in natural vegetation along this boundary. vegetation within this buffer primarily consists of an open canopy of slash pine (Pinus elliottii var. densa) and an understory of saw palmetto (Serenoa repens) , rusty lyonia (Lyonia ferruginia) , scattered cabbage palms (Sabal palmetto) , occasional prickly pear (Opunta humifusa) , rosemary (Ceratiola ericoides) and dahoon holly (Ilex cassine) . Continuing along the northern boundary, plant species change to a wetland community of willow (Salix caroliniana) , button bush (Cephalanthus occidentalis) , swamp fern, saw grass (Cladium lamaicensis) and black needle grass (Juncus roemerianus) . Occasional exotics, Brazilian pepper (Schinus terebinthifolius) and melaleuca (Melaleuca auiquenervia) become evident as one approaches the Florida Power and Light (FPL) easement. The western boundary has an FPL easement and a wetland plant community. PDA-89-6 does not propose any work in this area. No work is proposed beyond (west of) the 300 yards indicated on the site plan. Staff Report PDA-89-6 EAC Meeting 9/20/89 Page 3 The southern and eastern boundaries of the site consist of the vegetation typical of the interior of the site, the area(s) of proposed impact. The area of proposed impact lies within the 25' setback from Old U.S. 41 (East) , the two 50 foot buffers (north and south borders) , and the 300 yard limit shown on the site plan. Most of the subject property in this area supports two habitats, that do not form distinct boundaries, but rather change from one to another throughout most of the site. The first of these habitats is upland pine habitat. The relatively open canopy consists of slash pines. Understory/shrub layer is dominated by saw palmetto (often dense) and rusty lyonia. Other species present in few numbers include gallberry (Ilex glabra) , prickly pear, wax myrtle (Myrica cerifera) , penny royal (Piloblephis rigida) , gopher apple (Licania michauxii) and blueberry (Vaccinium sp. ) . Pine needles, graminoids, vines and open sandy areas dominate the groundcover. The second of these habitats is a xeric oak habitat. Scrub oaks (Quercus sp. ) , rosemary, saw palmetto, rusty lyonia occur in this area. Several species of epiphytes, including Tillandsia fasciculata and T. setacea are associated with many of the oaks. Both species are listed as protected species by the Florida Department of Agriculture (FDA) . Groundcover consists of gopher apple, pine needles, graminoids, and prickly pear cactus. An abandoned gopher tortoise burrow is located on site, per Dr. Spagna. We were unable to locate the burrow on August 2 , 1989. Wildlife observed (0) or Heard (H) on august 2 , 1989 is as follows: American Swallow-tailed Kite (Cyanocitta cristata) (0) Blue Jay (Elanoides forticatus) (0) Skink (unknown species) (0) Cicada (Suborder Homoptera) (H) 3 . Concerns: The area is proposed to be altered temporarily (possible seven years) . The site represents good examples of scrub oak habitat, a habitat rapidly disappearing in Collier County. Staff Report PDA-89-6 EAC Meeting 9/20/89 Page 4 One scrub oak area is designated as a preserve area (see site plan) . Staff feels additional changes in the site plan would decrease the plan's "permanent" impact on the environment. Permanent structures and/or alterations should be minimized so that those areas not developed under the approved PUD can regain their natural habitat characteristics in a minimal amount of time. The petitioner has indicated a sensitivity to potential environmental impacts and a willingness to discuss the following stipulations with Domenico and Angela Gadaleta. Recommendations: In consideration of the above concerns, staff recommends approval of PDA-89-6 subject to the following conditions: 1-4 Standard stipulations 1, 3 , and 4 as adopted by EAC on 4/1/87 and standard stipulation 2 as adopted on 12/7/88. (See attached page) . 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 spaces 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 . Area to be cleared for driving range area will not exceed 200 yards beyond (westerly) of the "Driving Tee Area" . 9 . Scrub oak clusters will remain within the 200 yards. A percentage, determined by Planning Services Environmental Review Staff and the petitioner, may be transplanted (and maintained) to another area on site for possible future re-planting. 10. Conservation area (central xeric scrub community) shall be maintained as a conservation area. Staff Report PDA-89-6 EAC Meeting 9/20/89 Page 5 11. All protected areas will be fenced during clearing development activities. 12 . Protected epiphytes, if 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. 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, sufficient to allow golf ball in-flight visibility for the customers of the driving range. PREPARED BY: rioic d ,u4k, DATE: �'�7/611 ' BARBARA 'RYNOSKI REVIEWED BY: �i & DATE: OM KEN :AGINSKI FORM 6 PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 9/20/1989 Petition: 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. Considerations: 1. Location/Proposed Uses The subject property is within the Pine Ridge/I-75 Activity Center (Collier County Growth Management Plan) at the corner of Pine Ridge Road and Oaks Blvd. The site is 7 . 6 ± acres (400± ft.x 850± ft. ) located in Section 17, Township 49 South, Range 26 East, Collier County, Florida. The site is bordered by Pine Ridge Road to the north, Oaks Boulevard to the east, 10th Ave. SW to the south and the D-2 Canal adjacent to I-75 to the west. Elevations range from approximately 11. 0 feet N.G.V.D. to 12 . 0 feet N.G.V.D. Existing drainage is the D-2 Canal (Source: Coastal Engineering) . Petitioner proposes segmenting the 7 . 6± acres into five parcels. One parcel will initially be utilized for an interim wastewater treatment plant until County sewage collection becomes available. Projected uses for the other four parcels are: office, interchange/commercial, commercial/fast food and hotel/motel. A dry retention area is proposed in the western portion of the site and a drainage swale is proposed along the southern boundary, within the proposed thirty foot landscape buffer. 2 . Site Description/Vegetation/Wildlife A site visit was conducted on August 24, 1989 by Joseph Delate and Barbara Prynoski of Collier County Planning Services accompanied by Susan Davis of Coastal Engineering Consultants, Inc. The site is primarily upland. Only the northeast corner contains the remnants of a wetland area. The northeast corner is dominated by slash pines, (Pinus elliottii, var densa) , having an understory of occasional cypress (Taxodium distichum) , dahoon holly (Ilex cassine) , Staff Report R-89-12 EAC Meeting 9-20-89 Page 2 saw palmetto (Serenoa repens) , muscadine grape vine (Vitis rotundifolia) , poison ivy (Toxicodendron radicans) , and graminoids. Lichen lines were at ground level. Upland vegetation on site consists of a dense to open slash pine canopy with an understory/shrub layer consisting of cabbage palm (Sabal palmetto) , saw palmetto, dahoon holly, wax myrtle (Myrica cerifera) , rusty lyonia (Lyonia ferruginea) , winged sumac (Rhus copallina) , and strangler fig (Ficus aurea) . Groundcover consists primarily of graminoids, muscadine grape vine, greenbriar (Smilax laurifolia) , poison ivy, and pine needles. Brazilian pepper (Schinus terebinthifolius) was noted in the northeast corner and along the canal border. The site is not heavily impacted by exotic vegetation. Golden polypody (Phlebodium aureum) and wild pine (Tillandsia fasciculata) occur on site. Both are listed as protected species by the Florida Department of Agriculture (FDA) . Many stumps, including cypress stumps were observed on site possibly indicating limited logging or selective clearing in the past. The southern boundary, where a thirty (30) foot landscape buffer is proposed (as one moves from the southwest to the southeast) changes from an area with an open canopy with cabbage palm, saw palmetto, rusty lyonia, and muscadine grape vines, to an area with a slash pine canopy, saw palmetto, wax myrtle, muscadine grape vines, and graminoids with occasional dahoon holly and buckthorn (Bumelia rectinata) . Staff feels that the saw palmetto clusters are important to retain and incorporate in the proposed landscaping. The following wildlife species were observed (0) or heard (H) : Mourning dove (Zenaida macroura) H Blue Jay (Cyanocitta cristata) 0 Cicada (Suborder Homoptera) H Recommendations: Considering the above, staff recommends approval of R-89-12 subject to the following stipulations: 1. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the Staff Report R-89-12 EAC Meeting 9-20-89 Page 3 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 Staff Report R-89-12 EAC Meeting 9-20-89 Page 4 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. 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. 7 . The proposed thirty (30) foot native species vegetative 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 vegetative buffer shall be retained, enhanced and maintained. 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 area 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. PREPARED BY: 4f et.— / e_e d DATE: , ..,d,L� ,ti`/,e r BAR: ' r.' P OSKI REVIEWED BY: jr (--( DATE: KEN B.GINSKI PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 9/20/1989 Petition: 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) Considerations: 1. Location/Proposal The subject property is located on the southwest corner of the intersection of Davis Boulevard and County Barn Road (Section 8, Township 50S, Range 26E Collier County, FL) . The site is located within one quarter mile of an Urban Activity center. The petitioner proposes a residential, affordable rental housing development consisting of 592 units built in four phases. Uses also include circulation and parking, recreation, five lakes, right-of-way, buffer/open space, conservation areas. 2 . Site Description/Vegetation A site visit was conducted on August 31, 1989 by Barbara Prynoski of Collier County Planning Services accompanied by Craig Schmittler, Biologist of Wilson, Miller, Barton, Soll & Peek, Inc. The Environmental Impact Statement (EIS) and Exhibit D indicate the vegetative communities on site. Wetlands on this site comprise 8.9 acres of Army Corps of Engineering (ACOE) jurisdictional wetlands. South Florida Water Management District (SFWMD) jurisdictional lines have not been submitted to date. The ACOE jurisdictional wetlands consist of slash pine (Pinus elliottii var. densa) , flatwoods/cypress (Taxodium distichum) with graminoids, rushes (Juncus sp. ) , saw grass (Cladium jamaicense) understory, slash pine/cypress mixed forest, cypress areas with varying degrees of Melaleuca (Melaleuca quinquinervia) and sawgrass understory, and wet prairie. Staff Report R-89-8 EAC Meeting 9-20-89 Page 2 The northern section of the property along Davis Boulevard supports a slash pine, melaleuca, cypress area becoming more vegetated by cypress as one moves toward the northeast corner. The cypress area abuts a wet prairie area that changes to a dense saw palmetto (Serenoa repens) area. As one proceeds in a southerly direction, large areas of pine flatwoods with a saw palmetto understory are evident, changing to mixed slash pine/cypress forest and to cypress with saw grass understory along the southwest boundary. The canopy is primarily dominated by slash pine. Saw palmetto clusters are common. The western border of the site, to give the reviewer an idea of what vegetation would be in the 10 foot buffer begins (most northern point on western boundary) with slash pines, wax myrtle (Myrica cerifera) , muscadine grape vine (Vitis munsoniana) , dog fennel (Eupatorium capillifolium) , occasional sabal palm (Sabal palmetto) , changes to an open slash pine canopy with occasional melaleuca, with a sedge (Carex spp. ) , pine needle understory. As one proceeds southerly, there are saw palmetto clusters, changing to slash pine, saw palmetto, to slash pines with and an understory of dahoon holly (Ilex cassine) , wax myrtle (Myrica cerifera) , saw palmetto, and saltbush (Baccharis halimifolia) . As one approaches the southwest corner, cypress is evident. The slash pines average six inches ± dbh. Some Brazilian pepper (Schinus terebinthifolius) has impacted the site. Wild pine (Tillandsia fasciculata) and butterfly orchid exist on site. These species are protected by Florida Department of Agriculture. 3 . Staff Comments and/or Concerns (a) Petitioner is allowed greater density due to its being an affordable housing proposal. (b) County Barn Road is proposed to become four lanes. Davis Boulevard is proposed to become six lanes in the area of this site. (c) Planning concerns may necessitate changes to the plan which may decrease the amount of impervious area. (d) Buffer zone of ten feet does not represent significant habitat area. The petitioner is willing to increase green space areas if the final plan is designed to decrease the site footprint. Staff Report R-89-8 EAC Meeting 9-20-89 Page 3 (e) SFWMD jurisdictional boundaries need to be indicated on the site plan. Mitigation per ACOE, and SFWMD, where applicable, needs to be addressed. Recommendations: Considering the above, staff recommends approval of R-89-12 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 . 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. Staff Report R-89-8 EAC Meeting 9-20-89 Page 4 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 . 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 feet and increased where feasible. 6. Petitioner shall devote at least sixty percent (60%) of the gross area to usable open space per Collier County Ordinance 89-42 . 7 . All jurisdictional wetlands, preserve/conservation areas shall be flagged by the petitioner prior to any 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. Staff Report R-89-8 EAC Meeting 9-20-89 Page 5 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: a. The three larger constructed lakes shall maintain a littoral zone with typical native aquatic vegetation. 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. Protected wetlands shall be preserved, restored and maintained. Detailed water management plans designed to maintain historic hydroperiods in the aforementioned wetlands shall be submitted for approval to Collier County Staff. 12 . A twenty (20) foot buffer will be provided around preserve/conservation land, wetlands, lakes and any other area designated as protected during site plan review. 13 . All ACOE, SFWMD jurisdictional wetlands shall be represented on the site plan by a survey prepared, signed and sealed by a professional land surveyor. 14 . Protected epiphytes in areas of construction activities, specifically the butterfly orchid and wild pine shall be transplanted to a protected area on site. PREPARED BY: //Ct. L<)Zt x. DATE: J-ztie-,, c v A.1? /JI 7 BARBARA PPNOSKI REVIEWED BY: ,'�� v DATE: 04" KENNETH 1F GINSKI ~=� MEMORANDUM TO: James Burch Keith Edwards Earlene Weber Ray Smith EAC Members FROM: Andrea Stevensk DATE: January 24, 1989 RE: Environmental Review of Petitions On Monday (January 23, 1989) , I met with Ray Smith in an effort to coordinate the petition review (rezones, provisional uses, etc . ) procedure of the Environmental Resources Management (ERM) sub-section. In the past , the Court Plaza ERM Staff has summarized their petition comments in a memo directed to the Planning Staff. These comments typically address concerns regarding sewage treatment plant operation, wellfields, excavation depths, surface water runoff, etc . Such comments have rarely been reviewed by the Environmental Advisory Council (EAC) . _~=~ Ray Smith oversees the review of petitions by the Court Plaza Staff. We have agreed that it would be appropriate for the EAC to have the opportunity to review the environmental concerns of Ray ' s group . Therefore, from this time onward , Ray will be sending a copy of his comments ( in the form of a memo , probably to Ken Baginski ) to our office within th[ge weeks from the date which he receives the petition materials. This memo could then be attached to the ERM Staff Reports prepared for the EAC. Ray should be contacted regarding fast-tracked petitions which may require a shorter processing time . Upon receipt of Ray ' s comments in this office, Staff should make sure that the memo is filed with the appropriate petition.