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EAC Agenda 05/16/1990 ENVIRONMENTAL ADVISORY COUNCIL AGENDA May 16, 1990 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL V. OLD BUSINESS A. Environmental Staff requests the EAC Members endorse and approve an "Official" definition for "Fish Camp" . This definition will be used in an amendment to the definitions section of the Collier County Zoning Code (Ordinance No. 82-2) . VI. PUBLIC HEARINGS A. PU-90-7 : Russell Shreeve of Collier County Government Housing and Urban Improvement, representing Collier County Board of County Commissioners; requesting a provisional use "b" of I zoning district for a recycling facility. B. PU-90-8: Robert L. Duane of Hole, Montes, and Associates, Inc. , representing the Loyal Order of Moose; requesting a provisional use "n" of A-2 for a social and fraternal organization. C. PU-90-10: H & D Communications, Limited Partnership; requesting a provisional use Section 8 . 10 of RMF-6 zoning district for a communications tower. D. PU-89-24 : Dr. Neno J. Spagna of Florida Urban Institute, Inc. , representing Golden Gate Moose Lodge 1654, Inc. ; requesting a provisional use 3 (d) of "E" estates zoning for a lodge facility. E. PU-90-9 : Dr. Neno J. Spagna of Florida Urban Institute, Inc. , representing the Assembly of God, Inc. (Church of the Living God) ; requesting a provisional use "a" of RMF-6 for a church. F. R-90-10: George L. Varnadoe, Esquire of Young, van Assenderp, Varnadoe and Benton, P. A. , representing The OHIP Partnership; requesting a zoning change form "E" estates and RSF-3 to PUD, "North Naples Medical PUD" . G. R-90-6: Carl F. Reich of Smally, Wellford and Nalven, Inc. , representing James L. Williams and Diane Williams; requesting a zoning change from A-2MH to PUD, "Arrowhead. " H. R-89-29 : Robert L. Duane of Hole, Montes, and Associates, Inc. , representing Associates of Livingston Road, Ltd. ; requesting a zoning change from A-2 and A-2 "ST" to PUD for development of a mixed use project, "Livingston Road Country Club" . I. R-89-34 : William C. McAnly of William C. McAnly and Associates, P. A. representing John N. Brugger as Trustee; requesting a zoning change from A-2 to PUD, "Wilshire Lakes. " J. R-90-4 : Robert L. Duane of Hole, Montes and Associates, Inc. , representing John E. Price Jr. ; requesting a zoning change from A-1MH ACSC/ST to PUD, "Price PUD" . VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify PLANNING SERVICES (Environmental Review) (643-8470) no later than 5 P.M. on Monday, May 14, 1990, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. Please refer to notice on first floor, Building F, for the location of the E.A.C. meeting. -2- C. Items added after agenda was sent out. D. No action since last Council meeting. E. On January 7, 1987 the E.A.C. adopted a policy that any person addressing the E.A.C. on behalf of any organization must present a letter from said organization acknowledging them as a representative empowered to make policy related comments on that subject. ************************************************************* PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** *********** ********** ************************************************************* -3- NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: The Environmental Advisory Council FROM: James N. Burch; Chief Environmental Specialist DATE: 12-Jul-1990 Thu SUBJECT: April 18, 1990, EAC Minutes After reading the minutes of the meeting of the Collier County Environmental Advisory Council (EAC) , of April 18, 1990, I submit for the record, clarification of a statement contained in the minutes. The Addendum item "Manatee Protection Proposal Update" (pages 16, 17, EAC Minutes, April 18, 1990; attached) contains the following statement: "He feels that high traffic areas should be restricted, but large expanses in 10, 000 Islands should be open and uncontrolled" . The context of the minutes seems to credit me with this statement. Our office (including myself) has not advocated uncontrolled boat speeds in the 10, 000 Islands area. I do not recall making this statement during the April 18, 1990, EAC Meeting, or any other time. JB/tt/001527 ;�. rnrin ; • U 19bu JUL 13 Project Review Serwioe ENVIRONMENTAL ADVISORY COUNCILAPRIL 18 , 1990 • wishes to rezone the area to industrial and market it in order to attract more industrto the Immokalee area. Mr. George Archibald developed water management calculations, he said. Mr . Jeff Adair added that the land is basically agricultural land with a canal bor- dering the western section, but more information is needed from Polycycle regarding the amount and quality of discharge from the recycling processes of plastic . Mr. Adair said there are no environmental concerns involved in simply rezoning. Mr . Bellows said there is fencing around the entire site. Mr . Bellows noted that there is no actual recycling occurring on this site, but it is a cleaning process prior to shipping elsewhere for further recycling. Mr . Addison said staff must be certain no toxic materials are entering the groundwaters from this discharge of the washing process . Mr. Bellows explained that permitted uses in the future will undergo analysis before granting per- mits. Mr . Neale requested that staff from the coun- ty' s recycling efforts attend next month' s meeting to discuss this issue. *** ADDENDA: Manatee Protection Proposal Update Mr . James Burch from Planning Services appeared before the Council to present current information on the Proposal . One matter of concern, Mr . Turrell com- mented, is the 20 mile speed limit for Manatee protec- tion. He requested information on this aspect . Mr . Burch said the State ' s proposed legislation requiring a state-wide 20 mile speed limit for boats has failed badly. The State ' s Department of Natural Resources' intent, he said, has been to take a recommended speed limit and include in the legislative bill a county- specific speed limit of 20 MPH in County water, 30 MPH in marked navigation channels. Mr . Addison says such a speed limit may restrict boaters from going to some areas of shallow water, but by the same token, to pro- tect the manatee population, they may have to idle through shallow areas. He added that boaters can take this into consideration by working with tidal changes. Mr . Turrell said some objections must be expected. Mr . Burch reported that no objections have been received from the Boaters Association. He said that probably it will result in a State regulation specific to Collier County. He feels that high traffic areas should be restricted, but large expanses in 10 , 000 Page 16 r ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 :a' ".'Y ;;1‘17 Islands should be open and uncontrolled. Mr . Neale believes that businesses that rent boats should have a mandatory educational briefing or place a governor on the speed of such boats. Mr . Burch noted that staff will prepare a first draft of an ordinance in a short time, but he expects there will be legislation on this subject from the State by this summer . The County draft ordinance will identify areas prior to that time, he said. Mr . Turrell agreed with that concept , as did Mr . Neale, saying that Collier County has more rural waterways to be exempted from speed limits . *** ADDENDA: Fish Camp Definition Mr . Eric Worsham discussed a proposed Fish Camp defi- nition with the Council , proposing that the standards should be reduced below the historical standards . He said it should define a strictly temporary use, flimsy structures that would blow away in storms, no plumbing, septic facilities, electric wiring, etc . J Mr . Addison was in agreement with that concept, stating that the United States Government disapproves of building on barrier islands . He suggested Mr . Worsham look at the Coastal Barrier Resources Act . Mr . Turrell suggested that the State mandate a posi- tion and base County restrictions or definitions on that . There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COMMITTEE Dave Addison 440 Page 17 MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: April 18 , 1990 TIME: 9: 00 A.M. PLACE: 3rd Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC STAFF PRESENT ADDISON X ADAIR X 77A-17 WORSHAM X LLANO Exc . POLEN X SNYDER Exc . SCHEFF X TURRELL X BURCH X MINUTES BY: Harriet Beech, Deputy Clerk CALLED TO ORDER AT: 9 : 00 A.M. ADJOURNED: 11 : 30 A.M. PRESIDING: Mr . Addison ADDENDA TO THE AGENDA: Rezone Immokalee Industrial Park; Manatee Protection Proposal Update. APPROVAL OF MINUTES: None ***** PETITION NO. PU-90-4 FILED BY/FOR: Dr . Neno J. Spagna of Florida Urban Institute Inc . , representing the Mayflower United Church of Christ . REQUESTING: A provisional use "C" of A-2 for a church. REPRESENTED BY: Dr . Neno J. Spagna, Florida Urban Institute COMMENTS: Dr . Spagna said he is requesting a change in wording in Recommendation #2 to eliminate "4 acres" and have it read "northern portion of the property. " Mr . Jeffrey Adair, Environmental Specialist , said the 4 acres is a boundary to prevent encroachment into the preserve. If development occurs outside the parking Page 1 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 area now, there might be encroachment into the preserve later when expanding, he noted Dr . Spagna agreed to keep the wording as it is. Dr . Spagna raised a question on Recommendations 3 and 4 regarding the necessity for a survey for red-cockaded wood- peckers. Mr . Adair said he is willing to waive the survey if the Florida Game and Fresh Water Fish Commission (FGFWFC) submits a letter certifying there are no red-cockaded woodpeckers on the site. There were no speakers. MOTION: Made by Mr. Neale to recommend approval with modifica- tions to wording in Recommendations 3 and 4. Seconded by Mr. Addison. Carried 3/0. STIPULATIONS: 1 . No clearing of any kind shall be permissible out- side the development envelope needed for the construc- tion of the 142 seat church, its 80 parking spaces, and installation of associated roads and utilities. Approval of this petition shall grant to the peti- tioner the right to construct the church building as set forth generally on the conceptual site plan. The construction of additional or future building(s) and additional clearing (other than validly permitted accessory maintenance or storage facilities) is pro- hibited unless and until considered and approved by the Board of County Commissioners in a separate Provisional Use hearing. 2 . The northern four (4) acre portion of the property shall not be developed and shall be dedicated as a preserve. This preserve may be used for passive recreation such as nature trails. Boardwalks are not permissible . 3 . A red-cockaded woodpecker (RCW) survey shall be submitted concurrent with site development plan (SDP) submittal for County review. The survey shall follow the criteria set forth in the "Wildlife Methodology Guidelines" published by the FGFWFC . If the FGFWFC submits a letter certifying there are no red-cockaded woodpeckers on site, the requirements for a survey will be waived. 4 . A letter verifying that a representative of the FGFWFC has inspected the site shall also be submitted to the County Project Review Services staff prior to Page 2 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18, 1990 SDP approval should the FGFWFC deem a site visit necessary. If the FGFWFC submits a letter certifying there are no red-cockaded woodpeckers on site, the requirement will be waived. 5 . In the event protected species are encountered during development activities by the Collier County Project Review Services, Environmental Review Staff, development design may be adjusted if warranted (Collier County Comprehensive Plan Policy 7 . 3 . 4) . 6 . Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 7 . Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No . 89-58 (Preservation of Native Habitat and Tree Removal Permit) . 8 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 9 . Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Project Review Services, Environmental Staff . *** PETITION NO. R-90-1 FILED BY/FOR: John Barber and Steve Ball of Agnoli , Barber & Brundage Inc . , representing George Werner . REQUESTING: A zoning change from A-2 to PUD, "Richland PUD. " REPRESENTED BY: Steve Ball , Agnoli , Barber & Brundage Inc . COMMENTS: Mr . Ball reviewed the proposal , stating the 150 acre tract is located on the southwestern corner of the SR 846 (Immokalee Road) and SR 951 intersection, con- sisting of approximately 130 gross acres of residen- tial development with about twenty acres of commercial development . He added that it would incorporate 16 . 4 acres into lakes and open space. Mr. Ball and the petitioner request complete removal of language in stipulation 8 regarding jurisdiction of state and federal agencies and regulations therefrom, and to Page 3 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 place a time limit in stipulation 3B of three years for preserving the red cockaded woodpecker nesting site, stating that if the birds have not returned to the site in that time, then development can proceed in that area. Mr . Ball further stated that the state and federal agencies have no regulations governing habitat for endangered species, only jurisdiction in governing the protection of the species themselves. Mr . Ball said their only function concerning habitat is advi- sory in nature, advising that the petitioner has made changes to the project which include removing multifa- mily development from the nesting area, removing the lake site from that area, and has redesigned the pro- ject to have only single family, one-story homes in the southeastern quarter of the development . This, Mr . Ball continued, will provide a lower impact , lower scale development . He said the developer will preserve 6 acres to present opportunity for wood- peckers to return to the site, but does request the 3 year time limit . He said the developer will preserve the nesting trees even if the site is developed after the 3 year time limit , also preserving all trees 8 inches in diameter or larger . On the south end of the preserve, Mr . Ball noted, the developer requests to add a buffer that would provide for single family homes . Staff ' s request for an additional 200 foot buffer, he said, would essentially expand the preser- vation area and would create very long lots. He also requested opportunity for tree removal permits in the southeast corner of the property. Ms. Polen said that staff based the stipulations on Comprehensive Plan requirement for 25 percent of con- tiguous natural vegetation to be retained on the site, which is a design standard. She continued, staff recommended different ways to create this native habi- tat utilizing guidelines provided by the FGFWFC . Ms. Polen noted that eleven acres of wetland preservation is the maximum amount that must be maintained and subtracting that eleven acres from 25 percent , leaves substantial acreage to work with. Therefore, she feels the red-cockaded woodpecker nesting area to be top priority and that 6 acres and a 200 foot radius around the cluster of nesting trees including the fourth cavity is necessary. Mr. Ball commented that the rear yards of homesites should be considered part of that 200 foot buffer zone, because stipulation language is actually adding 200 feet radius to the preservation area. Page 4 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18, 1990 Ms. Polen added that one-story homes will not block birds from moving from tree to tree. She said Future expansion of amenities to homesites will be judged on a case by case basis. She said the contiguous area is very important , for if the birds return, they will need vegetation protection around the trees. Mr . Neale asked who decides if the red-cockaded wood- peckers have returned. Mr. Ball said the developer would do a professional Environmental Analysis. Mr. Turrell said he feels that staff has backed away from the strictest interpretation of recommendations and Ms. Polen agreed that was so. Ms. Polen says staff is only requiring the petitioner to maintain a 25 foot naturally contiguous vegetation in the area, but the petitioner must recognize these cavity trees as part of the 25 percent . Mr . Addison remarked that the ordinance requires the petitioner to preserve 25 per- cent naturally occurring vegetation on this develop- ment site and the nesting area is a logical place to include that 25 percent . Mr . Neale asked about the possibility of having a 20 foot setback from the yard boundaries in case of future expansion of the building areas. Ms. Polen said staff preferred a 100 foot buffer. Mr . Ball said he could agree with a 50 foot buffer• . Ms. Polen explained that staff is mandated to follow FGFWFC advice. Mr . Neale suggested adding new wording in stipulation 8 that "if state or federal agencies become jurisdictional during the approval process, the petitioner must then comply with these regulations. " There were no speakers. MOTION: Made by Mr. Neale to recommend approval of Petition R-90-1 with changes as previously stated in Stipulation 3 and Stipulation 8. Seconded by Mr. Addison. Carried 3/0. STIPULATIONS: 1 . All stipulations and approvals herein refer to the revised 3/20/90 Richland PUD Master Plan. 2 . Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . Page 5 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 3 . Petitioner shall be subject to Collier County Comprehensive Plan Objectives 6 . 4. 6 and 6 . 4 . 7, Ordinance No. 82-2 as amended by Ordinance No. 89-49, and Ordinance No. 75-21 as amended by Ordinance No. 89-58 . The 25% of naturally functioning vegetation to be retained on site shall include the following: a. eleven ( 1 ) acres of wetland preservation; b. six (6) acres of upland preservation, specifi- cally, within a two hundred (200) foot radius around the cluster of three red-cockaded wood- pecker cavity trees that includes a fourth cavity tree and a great horned owl nest ; c . three (3) acres of one-story/single family 20-foot rear yard buffers, specifically, with a one- hundred ( 100) foot radius around the fourth cavity tree; d. remaining acres of tree preservation shall include all eight (8) inch and greater diameter at breast height trees outside of the approved footprints of buildings and infrastructure. 4 . Boundaries of the County jurisdictional wetland/upland preservation areas shall be flagged by the petitioner and field verified by Collier County Environmental Staff prior to any subsequent site plan approvals. 5 . Site clearing approvals shall be phased with construc- tion. All single family home sites shall be required to submit a site clearing plan and obtain a building permit prior to tree removal . 6 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 7 . Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12 . 1 . 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 8 . In accordance to Florida Game and Fresh Water Fish Commission (FGFWFC) and U. S . Fish and Wildlife Service (USFWS) guidelines and authorization, should viable foraging habitat within a red-cockaded range become jurisdictional to these agencies during the approval Page 6 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 process and development, the Petitioner• must comply state a_1 Fera: regulations applicable to habitat . Guidelines are set forth for development and management of these habitats (Collier County Comprehensive Plan, Policy 7 . 3 . 4) . *** PETITION NO. R-89-35 FILED BY/FOR: George L. Varnadoe of Young, Van Assenderp, Varnadoe and Benton, P.A. , representing Germain Properties of Columbus Inc . REQUESTING: A zoning change from A-2 and C-4 to PUD and Preliminary Site Development Plan approval , "Germain Auto Facility. " REPRESENTED BY: Bruce Anderson of Young, Van Assenderp, Varnadoe and Benton P.A. COMMENTS: Mr . Anderson explained that the property is approxima- tely 13 acres on the west side of U. S . 41 (Tamiami Trail North) approximately five hundred (500) feet south of Wiggins Pass Road. He said the proposed building structures include two automobile dealerships, one used car sales building, a body shop and a showroom. He mentioned that proposed water, sanitary sewer, and storm water management facilities will be owned, operated and maintained by the owner . Mr . Anderson pointed out that the requirement to pre- serve 25% of natural vegetation stated in the Comprehensive Plan and Native Vegetation Ordinance is not applicable to non-residential projects. He said the developer is requesting percentages of a minimum of 15 percent and a maximum of 25 percent . The other change requested is in Stipulation 2 .C . , Mr . Anderson noted, to relocate the clump of laurel oaks to the 50 foot boundary discussed in paragraph B. Ms. Kimberly Polen pointed out that the clump of laurel oaks actually falls within the planned parking area and is located 99 feet west of Highway U.S . 41 . Staff agrees with petitioner ' s proposal to relocate the trees, Ms. Polen said. Mr . Addison suggested changing Stipulation 2 .C . to read "The clump of laurel oaks on the eastern boundary Page 7 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 shall be relocated to the 50 foot buffer open space in the area at the rear of the property at the option of the petitioner. " Ms. Polen agreed with this. Ms. Polen suggested language to replace the last sentence of paragraph 1 of Stipulation 2 as follows: "The appropriate contiguous area of naturally functioning vegetation to be retained shall include the following: " Mr . Anderson agreed that would be a viable substitute for the 25% requirement . Ms. Polen then requested consideration of an addi- tional Stipulation 10 to read "Petitioner shall obtain and submit documentation from the United States Fish and Wildlife Service prior to removal of exotic vege- tation species from within the primary bald eagle pre- servation zone. " Mr . Anderson indicated concurrence. MOTION: Made by Mr. Neale to recommend approval of Petition R-89-35 with stipulations including modified Stipulation 2 and addition of new Stipulation 10 as previously stated. Seconded by Mr. Turrell. Carried 3/0. STIPULATIONS: 1 . Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 2 . Petitioner shall comply with Collier County Comprehensive Policy 6 . 4 . 7 , Ordinance No. 82-2 as amended by Ordinance No. 89-49, and Ordinance 75-21 as amended by Ordinance No. 89-58 . The appropriate con- tiguous area of naturally functioning vegetation to be retained shall include the following: a. 1 . 9 acres of bald eagle preserve area in the southwest corner of the site; b. at least a 50 foot wide naturally vegetated buffer along the western boundary of the site shall be retained and enhanced with native plantings after the Water Management berm and/or wall is established; c . at the option of the petitioner, the clump of laurel oaks may be removed from the parking lot area to the 50 foot buffer zone; and Page 8 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 d. existing native vegetation outside the line of construction shall be incorporated into the landscaping plan. 3 . Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12 . 1 . 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 4 . Prior to Preliminary Site Development Plan approval , mitigation shall be required for any approved wetland impacts. If wetland impacts are approved the peti- tioner must submit a mitigation plan, reflecting a 2 . 5 : 1 area ratio, that must be approved by Collier County Project Review Services Environmental Staff (Collier County Comprehensive Plan Policy 6. 2 . 10) . 5 . All heavy equipment operation and other activities necessitating excessive noise shall be restricted to the non-nesting season (May 15 through October 1 ) . 6 . All lighting shall be positioned/shielded in such a way that no light illuminates the bald eagle preserve and buffer zone. 7 . Pursuant to Collier County Growth Management Plan Goal 7, objective 7 . 3, Policies 7 . 3 . 4 and 7 . 3 . 5 , the peti- tioner shall retain gopher tortoises on site or shall relocate them according to Florida Game and Fresh Water Fish Commission (FGFWFC) protocol after con- tacting and receiving approval from the FGFWFC. 8 . In the event protected species nests or burrows are encountered during development activities, by Collier County Environmental Staff, and project design may be adjusted if warranted (Collier County Comprehensive Plan Policy 7 . 3 . 4) . 9 . Petitioner shall obtain and submit documentation of all necessary local , state and federal permits. 10 . Petitioner shall obtain and submit documentation from United States Fish and Wildlife Service before removal of exotic vegetation species within the primary bald eagle preservation zone. *** PETITION NO. R-89-22/PU-89-18 Page 9 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 FILED BY/FOR: Michael Dombrowski of Coastal Engineering Consultants Inc . , representing Tempustech Inc . REQUESTING: A zoning change from A-2 to RO and a provi- sional use "b, m, and n" of RO for marina, boat ramp, restaurant, clubs and private yacht club. REPRESENTED BY: Michael Dombrowski of Coastal Engineering Consultants, Inc . COMMENTS: Mr. Dombrowski explained that Development is for construction of a sixty (60) dry slip marina with twenty-six (26) wet slips, boat ramp, restaurant and yacht club on a 2 . 41 acre parcel . He said the pro- perty is located on Bonita Beach Road, bounded by Hickory Bay; on the east by property zones commercial (C-4) ; and on the north by Bonita Beach Road, and is in proximity to Wiggins Pass and Fish Trap Bay (Lee County) . He noted that exotic species vegetation has been removed during the past five years. He con- tinued, the shoreline is fringed by red, black, and white mangroves, covering 90 percent of the shoreline. He stated there are few seagrass beds, but there are n sparse turtle grasses. Mr . Dombrowski said the change is requested to allow additional structures. He men- tioned that endangered species are not found in the area nor is the habitat necessary to support such spe- cies and the area is not designated as a critical manatee habitat . The project meets boat storage requirements, he con- tinued, no dredge and fill will occur, and there will be no coastal structures because mangroves are pro- tecting the water ' s edge. He said that the developers have no problems with stipulations as written by staff . Mr . Addison asked if flyover observations indicate manatees are in area waters. Mr. Dombrowski said there are migratory patterns as manatees pass enroute to Estero Bay, but sightings are sporadic and there is no habitat at this site for the animals. He noted that no grasses are in this particular area. Mr . Addison suggested that grasses might proliferate in the summer months and the survey was done in April of 1989. Mr . Addison then asked about riprapping and Mr . Dombrowski indicated that the mangroves are pro- Page 10 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18, 1990 /*N tecting the coastline now so there is no need for riprapping. Ms. Polen said staff recommends no har- dening structures at the shoreline. Mr . Dombrowski said there will be no dredging needed for this pro- ject . Mr. Turrell asked if the state DER will cover water permits. Ms. Polen said Stipulation 9 covers water quality requirements because the County must uphold state standards. MOTION: Made by Mr. Turrell to recommend approval of Petition R-89-22/PU-89-18 with staff stipulations. Seconded by Mr. Neale. Carried unanimously. STIPULATIONS: 1 . Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 2 . Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . 3 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 4. Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12 . 1 . 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 5 . In the event protected species nests or burrows are encountered by Collier County Project Review Services Environmental Staff during the site plan review and/or approval , design may be adjusted if warranted (Collier County Comprehensive Plan Policy 7 . 3 . 4) . 6 . Prior to the final Site Development Plan approval meeting for project infrastructure, the petitioner shall obtain and submit to Project Review Services, documentation of all required local , state and federal permits. 7 . Petitioner shall retain naturally vegetated buffer zones which extend at least five (5) feet landward from the mangrove edges (Collier County Comprehensive Plan, Objective 6. 2 and associated policies) . n Page 11 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18, 1990 8 . Pursuant to the Growth Management Plan, Goal 7, objec- tive 7 . 2 , Policies 7 . 2 . 1 , 7 . 2 . 2 and 7 . 2 . 3 and Policy 11 . 1 . 5 , petitioner shall be subject to the Manatee Protection Plan in effect at the time of Preliminary Site Development Plan (SDP) approval . 9 . Pursuant to the Growth Management Plan, Goal 2 ; Objective 2 . 2 , Policy 2 . 2 . 4 ; Objective 2 . 3 , Policies 2 . 3 . 1 and 2 . 3 . 6, petitioner shall be subject to a water quality and sediment monitoring program by the Department of Environmental Regulation and Collier County. Water quality shall be evaluated using State water quality standards ( 403 . 061 F. S . ; F.A.C . 17-3 . 051 , 17-3 . 061 , 17-3 . 111 , and 17 . 3 . 121 ) . 10 . No net loss of viable wetlands shall occur due to shoreline hardening structures (e.g. , rip-rap, seawalls, groins, etc . ) shall be allowed (Collier County Comprehensive Plan, Objective 6 . 2 and asso- ciated policies) . 11 . The petitioner shall satisfy all regulations con- cerning dock (wet slip) construction as mandated by Collier County Project Review Services, the Florida State Department of Natural Resources (DNR) , the Florida State Department of Environmental Regulation (DER) , and the U. S . Army Corps of Engineers (ACOE) . *** PETITION NO. PDA-89-17 FILED BY/FOR: William R. Vines, AICP of Vines and Associates, Inc . , representing Naples Associates, an Ohio Corporation. REQUESTING: A PUD Amendment to Heron Lakes. REPRESENTED BY: William R. Vines, AICP of Vines and Associates. COMMENTS: Mr . Vines explained that the 101 . 52 acre site is bounded on the south by I-75 and on the north by the Golden Gate Canal , and is accessible via Recreation Lane, which extends from Santa Barbara Boulevard. He said the Heron Lake PUD was originally filed as rezone petition R-18-12C and was approved on September 6, 1983 as Ordinance No. 83-47 . However, he noted, deve- lopment was delayed, but will be initiated in the near Page 12 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 future. He said it has been decided to reduce the project density to bring it into compliance with the Growth Management Plan. Mr. Vines said that staff recommendations include a number of stipulations, but Mr . Vines proposes some modifications in which Staff agrees. Ms. Kimberly Polen, Environmental Specialist, spoke to a clump of laurel oaks which must be preserved, even if they are sited in a backyard of a residence. Mr. Vines said that when the permit applications are sub- mitted for those sites, the oaks will be pinpointed for preservation. If some oaks are found to be within building sites, Ms. Polen said, the stipulations will not preclude a provision to relocate such few oak trees. Ms. Polen said that this second plan has eliminated some park areas, but offers vegetation buffers around the lake and plantings and buffers around the entire development . Two wide drainage canals have been eli- minated, Mr . Vines said, in order that oaks will not be endangered. Ms. Polen noted that the original Stipulation 2 .b. required buffer zones. Mr . Vines proposes that native trees and shrubs be preserved within a 20 foot ease- ment adjacent to property lines. Mr . Vines assured the Council members that no vegetation will be removed except in approved building pads and installation corridors . Ms. Polen recommends that these oaks be set aside as a small preserve not to be encroached upon even if they fall within or outside the buffer on the western boun- dary. She recommended to change Stipulation 2 .b. from the 30 foot wide buffer to a 20 foot easement . She also suggested a Stipulation 2 .g. be added that the contiguous oaks along the western boundary adjacent to the park property shall be preserved. Then, she recommended changing Stipulation B to indicate a 20 foot wide naturally vegetated buffer easement extending the entire length of the northern property boundary and outside of any other existing or proposed easements. There were no speakers. Page 13 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18, 1990 MOTION: Made by Mr. Turrell to recommend approval of PDA-89-17 with staff stipulations as amended. Seconded by Mr. Neale. Carried unanimously. STIPULATIONS: 1 . Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 2 . Petitioner shall be subject to Collier County Comprehensive Plan Objectives 6. 4. 6 and 6. 4 . 7, Ordinance No. 82-2 as amended by Ordinance No. 89-49, and Ordinance No. 75-21 as amended by Ordinance No. 89-58 . The 25 percent of naturally functioning vege- tation to be retained on site shall include the following: a. Two acres of the 2 . 86 acre recreational commons tract shall remain as a contiguous naturally vege- tated preserve easement, including the entire oak hammock area. b. The petitioner shall provide at least a twenty ( 20) foot wide naturally vegetated buffer ease- ment, extending the entire length of the northern property boundary and outside of any other existing or proposed easements. c. The petitioner shall provide at least a twenty ( 20) foot wide buffer along the eastern, western and southern boundaries. The buffer shall have at least a twenty (20) foot width of naturally retained vegetation and shall be enhanced after the water management berm has been established. If a wall is to be constructed it shall only be situated and approved by Collier County Environmental Staff on top of the water management berm. d. . 75 acres shall be retained and enhanced as a platted five (5) foot naturally vegetated buffer easement , excluding all utilities, on each side and outside of all the street right-of-ways. e. 1 . 4 acres of native wetland vegetation shall be planted around the lake. f . The remaining 18 . 2 acres shall be retained through n maximum tree preservation within the entire pro- Page 14 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 perty, specifically, all eight (8) inch and greater diameter at breast height trees shall be preserved outside of the approved footprints of buildings and infrastructure. g. The contiguous clump of oaks along the western boundary adjacent to park property shall be pre- served. 3 . Boundaries of the upland preservation areas shall be flagged by the petitioner and field verified by Collier County Environmental Staff prior to construc- tion permits. 4 . Site clearing approvals shall be phased with construc- tion. All single family home-sites shall be required to submit a site clearing plan and obtain a building permit prior to tree removal . 5 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 6 . Petitioner shall be subject to the Collier County n Comprehensive Plan Policy 12 . 1 . 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 7 . In accordance to Florida Game and Fresh Water Fish Commission (FGFWFC) and U.S. Fish and Wildlife Service (USFWS) guidelines and authorization, viable foraging habitat within a red-cockaded range becomes jurisdic- tional to these agencies. Guidelines are set forth for development and management of these habitats (Collier County Comprehensive Plan, Policy 7 . 3 . 4) . *** ADDENDA: Rezoning of 60 Acres in Northwest Corner of Proposed Immokalee Industrial Park Mr . Ray Bellows, Planning Services, appeared before the Council to discuss the planned rezoning of a 60 acre parcel in the Immokalee Industrial Park. He explained the parcel was inadvertently left out of the development at the time it was approved, and staff wishes to include it , but Staff will continue the pro- visional use until they receive more information from Polycycle recycling project . He said the County Page 15 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18 , 1990 wishes to rezone the area to industrial and market it in order to attract more industry to the Immokalee area. Mr. George Archibald developed water management calculations, he said. Mr . Jeff Adair added that the land is basically agricultural land with a canal bor- dering the western section, but more information is needed from Polycycle regarding the amount and quality of discharge from the recycling processes of plastic. Mr. Adair said there are no environmental concerns involved in simply rezoning. Mr . Bellows said there is fencing around the entire site. Mr . Bellows noted that there is no actual recycling occurring on this site, but it is a cleaning process prior to shipping elsewhere for further recycling. Mr . Addison said staff must be certain no toxic materials are entering the groundwaters from this discharge of the washing process. Mr . Bellows explained that permitted uses in the future will undergo analysis before granting per- mits. Mr . Neale requested that staff from the coun- ty' s recycling efforts attend next month' s meeting to discuss this issue. *** ADDENDA: Manatee Protection Proposal Update Mr . James Burch from Planning Services appeared before the Council to present current information on the Proposal . One matter of concern, Mr . Turrell com- mented, is the 20 mile speed limit for Manatee protec- tion. He requested information on this aspect . Mr . Burch said the State ' s proposed legislation requiring a state-wide 20 mile speed limit for boats has failed badly. The State ' s Department of Natural Resources ' intent, he said, has been to take a recommended speed limit and include in the legislative bill a county- specific speed limit of 20 MPH in County water, 30 MPH in marked navigation channels. Mr . Addison says such a speed limit may restrict boaters from going to some areas of shallow water, but by the same token, to pro- tect the manatee population, they may have to idle through shallow areas. He added that boaters can take this into consideration by working with tidal changes. Mr. Turrell said some objections must be expected. Mr. Burch reported that no objections have been received from the Boaters Association. He said that probably it will result in a State regulation specific to Collier County. He feels that high traffic areas should be restricted, but large expanses in 10,000 Page 16 ENVIRONMENTAL ADVISORY COUNCIL APRIL 18, 1990 Islands should be open and uncontrolled. Mr. Neale believes that businesses that rent boats should have a mandatory educational briefing or place a governor on the speed of such boats. Mr. Burch noted that staff will prepare a first draft of an ordinance in a short time, but he expects there will be legislation on this subject from the State by this summer . The County draft ordinance will identify areas prior to that time, he said. Mr . Turrell agreed with that concept , as did Mr . Neale, saying that Collier County has more rural waterways to be exempted from speed limits. *** ADDENDA: Fish Camp Definition Mr . Eric Worsham discussed a proposed Fish Camp defi- nition with the Council , proposing that the standards should be reduced below the historical standards. He said it should define a strictly temporary use, flimsy structures that would blow away in storms, no plumbing, septic facilities, electric wiring, etc. Mr. Addison was in agreement with that concept, stating that the United States Government disapproves of building on barrier islands . He suggested Mr. Worsham look at the Coastal Barrier Resources Act . Mr. Turrell suggested that the State mandate a posi- tion and base County restrictions or definitions on that . There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COMMITTEE Dave Addison Page 17 PROJECT REVIEW SERVICES (Environmental Review) FOR EAC MEETING 5/16/1990 Environmental Staff requests the EAC Members endorse and approve an "Official" definition for "Fish Camp" . This definition will be used in an amendment to the definitions section of the Collier County Zoning Code (Ordinance No. 82-2) . The proposed definition is as follows. PROPOSED "OFFICIAL" DEFINITION FOR "FISH-CAMP" Fish-camp - a temporary use chickee hut style structure, typically harboring the following characteristics: elevated on pilings, open-aired, without utilities such as water, sewer, and electric lines or septic tanks, constructed with little to no disturbance of surrounding biological communities, associated with waterfront areas, with a maximum construction footprint of one thousand (1000) square feet and one (1) associated access dock. All waste collection facilities must be designed for a temporary gathering only, e.g. . a portable toilet with wastes removed for proper disposal. PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/16/1990 Petition: PU-90-7 : Russell Shreeve of Collier County Government Housing and Urban Improvement, representing Collier County board of County commissioners; requesting a provisional use "b" of the Industrial zoning district for a recycling facility. Considerations: Petitioner requests a provisional use for development of a plastics recycling facility on a fifteen (15) acres site located in the northwest corner of the proposed Immokalee Industrial Park, north of the Immokalee airport. The site is currently bounded on the north and east by land zoned A-1MH, on the south by land zoned I, and on the west by the old Seaboard Coastline Railroad. The site has been completely cleared for agricultural use and presently remains zoned as A-1MH. Petition R-90-15 requests a rezone to industrial for this area and shall be presented to the Board of County Commissioners (BCC) on May 15, 1990. Recommendations: Recycling of plastic wastes are to the benefit of the environment, reducing the quantities to be disposed of and therefore the quantities to be produced. Project Review Services staff recommends approval of Petition PU-90-7 based upon approval by the BCC of the appropriate zoning and the following stipulations: 1. All wastes generated from the cleaning and processing of the plastics which are classified as hazardous by the Florida Department of Environmental Regulation (FDER) or United States Environmental Protection Agency (USEPA) shall be properly disposed of at an USEPA approved hazardous waste disposal facility. Types and quantities of waste reported to these two agencies shall be copied to Collier County Pollution Control Department. 2 . All materials or wastes which are stored or handled on site shall be contained within a curbed impervious surface which shall provide a volume equal to 110 percent of the permitted liquid fraction and covered to prevent any possibility of leaching due to precipitation. Staff Report PU-90-7 EAC Meeting 5/16/90 Page 2 3 . The site shall be required to retain a 500 year 3 day storm event with zero discharge permitted due to the nature of the hazardous wastes associated with project. All retention must be dry, no excavations shall be allowed unless completely bermed and isolated from all site drainage pathways. 4 . All FDER and USEPA permits shall be presented to Collier County Project Review Services prior to building permit approval. 5. Quarterly groundwater, soil and air sampling shall be required for pesticides, herbicides and metals if required by FDER, the USEPA or the Collier County Environmental Services Division. If required, monitoring shall begin at the time of issuance of certificates of occupancy (CO) for the first structure and shall continue for the life of the facility. If required by the County Environmental Services Division, prior to CO for the first structure the applicant must post a bond in an amount to be established by the Division Administrator to cover potential clean up activities which shall be refunded after a period of ten (10) years if no releases of hazardous materials are detected by the USEPA, FDER or the Collier County soil and groundwater monitoring program. 6. All air emissions from plastic processing shall be properly scrubbed to meet USEPA and FDER standards and sampled quarterly for the parameters discussed in stipulation number five. 7 . If required, the soil, groundwater and air monitoring plan must be submitted and approved at the time of site development review. 8. Protected species surveys may be required at the time of site development plan review if indicated by Collier County Project Review environmental staff site inspections. �y / PREPARED BY: 2-c �C�'L- ('..,C(2 >7(DATE: ; ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST If REVIEWED BY: ''+ ,/la‘ DATE: JOH F. MADAJEWSKI, P. E. PROJECT REVIEW SERVICES MANAGER staff report, PU-90-7 ew cc: William Lorenz, Environmental Services Administrator PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/16/1990 Petition: PU-90-8 : Robert L. Duane of Hole, Montes, and Associates, Inc. , representing the Loyal Order of Moose; requesting a provisional use "n" of A-2 for a social and fraternal organization. Considerations: 1. Location/Proposal The subject property is a ± six (6) acre tract located approximately 1320 feet west of Airport Road, situated between the proposed Vanderbilt Beach Road on the north and Tennis Court Lane on the south. The site shall consist of a 7, 500 square foot restaurant/office building. The site shall also contain a patio and picnic area, a softball/volleyball field, parking and dry detention facilities. 2 . Site Description/Vegetation Almost all the site has been cleared for agricultural purposes, primarily row crops. The land has stood fallow for the past several years, which has allowed Brazilian pepper (Schinus terebinthifolius) , wax myrtle (Myrica cerifera) , saltbush (Baccharis halimifolia) and coastal plains willow (Salix caroliniana) to establish in the swales. Along the northern end of the site (Vanderbilt Beach Road right-of-way) there are several slash pine (Pinus elliottii) averaging > 8-10 inches diameter at breast height (dbh) with an understory of scattered saw palmetto (Serenoa repens) , wax myrtle, wire grass (Aristida spp. ) and broomsedge (Andropogon virginicus) . 3 . Comments and Concerns Existing pine trees on site should be incorporated into the site plan as required by Ordinance No. 75-21 as amended by Ordinance No. 89-58 and Ordinance No. 82-2 as amended by Ordinance No. 89-51. Recommendations: Considering the above, staff recommends the approval of Petition PU-90-8 subject to the following stipulations: 1. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . Staff Report PU-90-8 EAC Meeting 5/16/1990 Page 2 2 . Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 and Ordinance No. 82-2 as amended by Ordinance No. 89-51. The naturally functioning vegetation to be retained on site shall include the following: a. The existing pines, located at the northern end of the property, shall be retained; and b. The centrally located pine on the southern half of the property shall be retained. 3 . Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12 . 1. 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 4. Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 5. In the event protected species nests or burrows are encountered during development activities, by Collier County Environmental Review Staff, and project design may be adjusted if warranted. PREPARED BY: X?1Z/S��,1 i1 DATE: 5/19,* KIMBERL � POLEN ENVIRONMENTAL SPECIALIST II REVIEWED BY: � .� DATE: .5-4/40 ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST c17 ,t� /r ^«��t,/ REVIEWED BY: ' t..„ DATE: OM f e f'c.; JOHN F. MADAJEWSKI, P. E. PROJECT REVIEW SERVICES MANAGER staff reports, PU-90-8 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/16/1990 I. Name of Petitioner/Project H & D Communications, Limited Partnership/Communications tower, Petition No. PU-90-10 II. Location: The project is located in the northeast 1/4 of the northwest 1/4 of the northeast 1/4 of Section 17, township 50 South, Range 26 East, bounded on the south side by Whitaker Road and on the east side by a private driveway. III. Project Description: The petitioner is requesting a provisional use Section 8 . 10 of RMF-6 zoning district to construct a communication tower. The proposed tower would be 393 feet tall with three guy wires. A proposed one story building (12 feet x 20 feet) would be constructed south of the tower. Currently a 313 foot tower and guy wires exists on-site with a one story building 12 feet by 20 feet. The areas for proposed new construction have been cleared for placement of the new tower and guy wires therefore there should be no additional impact to the site. The property is heavily forested with slash pine which make up approximately seventy-five percent (75%) or greater of the canopy on site. Scattered cypress trees dahoon holly and saw palmetto were observed on-site. Many cypress stumps were observed along with older trees which indicates that in previous years this area may have been a healthy wetland. IV. Recommendations The staff does not believe the addition of a second tower and building will negatively affect the site. Therefore staff recommends approval of petition PU-90-10 subject to the following stipulations: 1. Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . Staff Report PU-90-10 EAC Meeting 5/16/1990 Page 2 2 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 3 . Petitioner shall replant ninety (90) nursery grown cypress trees in area denuded after exotics are removed, as mitigation for the tree removal violation incurred. Collier County Environmental Staff shall be contacted to inspect the trees immediately after planting. The trees will be re-inspected 6 months to one year later (the time period must include one rainy season) to verify the required eighty percent (80%) survivability. 4. A ten thousand dollar ($10, 000. 00) performance bond, to insure completion of the required mitigation shall be secured prior to the issuance of a building permit. The bond will be released once the survivability has been verified. PREPARED BY: '7.,1'1 7k4a 0091 DATE: BARBARA S. BURGESON ENVIRONMENTAL SPECIALIST I SS REVIEWED BY: EC DATE: 8/90 ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: ` çt4'IkL DATE: 34//9D JOHN F. MADAJEWSKI, P. E. PROJECT REVIEW SERVICES MANAGER staff report, PU-90-10 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/16/1990 Petition: PU-89-24 : Dr. Neno J. Spagna of Florida Urban Institute, Inc. , representing Golden Gate Moose Lodge 1654, Inc. ; requesting a provisional use 3 (d) of "E" estates zoning for a lodge facility. Considerations: Petitioner requests a provisional use for the purpose of constructing a 6, 000 square foot club facility consisting of a social hall/bar area, office space, meeting rooms, and a kitchen with support facilities such as roads, off-street parking, and water retention area on a 2 . 65 acre site. Subject property is located in the southeast quadrant of the intersection of Golden Gate Blvd. and 13th Street S. W. The site is bounded on the south by Golden Gate Fire Station #2; on the east by undeveloped property zoned for provisional use (PU) ; on the north by Golden Gate Blvd. ; and on the west by 13th Street S. W. The entire site has previously been cleared and presently constitutes a recovering wetland. Most of the native trees have apparently been retained: cabbage palms (Sabal palmetto) border the western and southern property lines, and are also scattered within the site; five cypress (Taxodium spp. ) are grouped together in the southwest corner of the property. Ground cover includes swamp fern (Blechnum serrulatum) , cordgrass (Spartina bakeri) , saw-grass (Cladium lamaicense) , beak-rush (Rhynchospora spp. ) , and catbrier (Smilax spp. ) . Recommendations: Since the site has been heavily impacted, Staff recommends approval of Petition PU-89-24 subject to the following stipulations: 1. Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of native habitat and tree removal permit) . Staff Report PU-89-24 EAC Meeting 5/16/1990 Page 2 2 . Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance No. 89-53 (removal of exotic species) . 3 . Petitioner shall be subject to Ordinance No. 89-57 (use of native species in landscaping) . 4 . Petitioner shall retain or transplant on site a minimum of fifty-six (56) cabbage palms, as well as the five (5) cypress located in the southwest corner of the property. 5. Mitigation shall constitute the planting of a minimum of one hundred thirty (130) nursery grown native wetland tree species in an area designated as "preserve/storm water retention area" . A mitigation plan shall be submitted upon submittal of the site development plan. Site development plan approval shall be contingent upon approval of the mitigation plan. i PREPARED BY: � ' -'y1 DATE: �q q0 ''},;t3-EF,'FREY A. ADAIR ENVIRONMENTAL SPECIALIST I REVIEWED BY: 2LM , W DATE: 515'./9.° ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST '1 (;41 REVIEWED BY: `J ( '' `, €4 DATE: * / 041) r) JOHN' F. MADAJEWSKI, P. E. f PROJECT REVIEW SERVICES MANAGER Staff Reports, PU-89-24 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/16/1990 Petition: PU-90-9: Dr. Neno J. Spagna of Florida Urban Institute, Inc. , representing the Assembly of God, Inc. (Church of the Living God) ; requesting a provisional use "a" of RMF-6 for a church. Considerations: Petitioner requests a provisional use for the purpose of constructing a one hundred (100) seat church with sufficient parking for a maximum of fifty-five (55) cars on the 1. 9 acre site. The subject property is located in the southeastern quadrant of the intersection of Eustis Avenue and South 5th Street in Immokalee and is bounded on the south by land developed as RMF-6 and PU, on the east by Booker Blvd. , on the west by South 5th Street, and on the north by Eustis Avenue. The site has been previously cleared, but includes scattered cabbage palm (Sabal palmetto) , slash pine (Pinus elliottii) , and laurel oak (Quercus laurifolia) in the canopy and such species as Caesar weed (Urena lobata) , dog-fennel (Eupatorium capillifolium) , and Fakahatchee grass (Tripsacum dactylodies) as ground cover. Golden polypody (Phleboduim aureum) , listed as threatened by the Florida Department of Agriculture and Consumer Services was found on several of the cabbage palms on-site. Recommendations: Since the conceptual site plan indicates little disturbance to the canopy species on-site, staff recommends approval of petition PU-90-9 subject to the following stipulations: 1. Clearing of native tree species outside the development envelope is not permissible. 2 . The area outside the development envelope shall be designated as a preserve on the site plan. 3 . The ground cover of the preserve area may be kept trimmed, with native landscaping permissible. Passive recreation such as picnic areas shall also be allowed. Staff Report PU-90-9 EAC Meeting 5/16/90 Page 2 4 . All cabbage palms and laurel oaks within the development envelope shall be transplanted to the preserve area. 5. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 6. Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . 7 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . PREPARED BY: f /. _ ,. ,_� DATE: L y/f0 eq rey A. Adair Environmental Specialist I REVIEWED BY: DATE: .//7V/F10 Eric Worsham Chief Environmental Specialist 11 ii K C i 4 ' 0' REVIEWED BY: / DATE: 21/2-6110 PJhnjeF. MevkryiPces EManager PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/16/1990 Petition: R-90-10: George L. Varnadoe, Esquire of Young, van Assenderp, Varnadoe and Benton, P. A. , representing The OHIP Partnership; requesting a zoning change form "E" estates and RSF-3 to PUD, "North Naples Medical PUD" . Considerations: Petitioner requests a zoning change for development of medical office buildings and recreation areas on a 18.7 acre site located immediately east of the North Collier Health Center on the north side of Immokalee Road. The subject property is bounded on the west by land zoned PUD, bounded on the north and east by the Cocohatchee River, and on the south by Immokalee Road. Much of the site has previously been cleared, although large slash pines (Pinus elliottii) , laurel oak (Ouercus laurifolia) , and cabbage palms (Sabal palmetto) are scattered throughout the site and dense in areas. Wetlands fringe the Cocohatchee River and its tributary which bisects the property, spreading into larger expanses of wetlands at the northern tip of the site and in an area at the south-central portion of the site. A mixed hardwood/cabbage palm hammock is adjacent to the northern wetland. Recommendations: Areas of particular environmental sensitivity and concern have been located on site and the proposed development impacts and appropriate mitigative actions acknowledged. Staff therefore recommends approval of petition R-90-10 subject to the following stipulations: 1. Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . 2 . Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan Goal 6, Objective 6. 2 , Policies 6.2 . 2, 6. 2 . 7, 6. 2 . 9, 6. 2 . 13 , 6. 2 . 14 , and Objective 6.4, Policies 6. 4 . 6 and 6.4 .7 , there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands. With the exception of one road crossing and boardwalks there shall be no permanent development in areas designated "passive Park" . All impacts to wetlands shall be mitigated at a ratio of no less than three to one (3 : 1) . 3 . A mitigation plan for the entire site shall be submitted to Project Review Services for review upon submittal of the first site development plan. Final site development Staff Report R-90-10 EAC Meeting 5/16/1990 Page 2 plan approval shall be contingent upon approval of the mitigation plan. 4 . The northern 0.7 acre wetland shall be retained as a "preserve" . No development or passive recreation of any kind is permitted in preserve areas. Preserve areas shall retain the existing natural canopy, understory, and groundcover vegetation, and shall be maintained free of exotic species in perpetuity. 5. Areas designated as "passive park" areas shall allow nature trails, picnic areas, and educational displays. All native trees of four inch diameter at breast height (4" dbh) or greater shall be retained. A single boardwalk through the hammock area is permitted, though its width shall be limited to three (3) feet, and no canopy trees shall be removed for its construction. 6. Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 7. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 8 . Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Project Review Services, Environmental Staff. 9. All "preserves" and "passive park" areas shall be identified by a survey and preserved on the plat document by easement or tract, dedicated to Collier County with no responsibility for maintenance. Protective covenants pursuant to Florida Statutes shall appear on the cover of the plat contained within the dedication or general notes. 0 /PREPARED BY: -/l • � , �� DATE: f Vq6 JFE42EY A. ADAIR ENVIRONMENTAL SPECIALIST I REVIEWED BY: t(21044-1._-DATE: 64 70 RIC WORSHAM CHI F ENVIRONMENTAL SPECIALIST REVIEWED BY: J 71:314 ATE: ...6(15/c6 JOHN F. MADAJE KI, P. E. PROJECT REVIEW SERVICES MANAGER PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/16/1990 Petition: R-90-6: Carl F. Reich of Smally, Wellford and Nalven, Inc. , representing James L. Williams and Diane Williams; requesting a zoning change from A-2MH to PUD, "Arrowhead. " Considerations: Petitioner requests a rezone change for development of a mixed use project consisting of single and multi-family residential, a mobile home park, commercial use, and recreational areas on a 307 acre site located off of Lake Trafford Road in Immokalee. The subject property is bounded on the east by land zoned A-2 and MHSD, on the south by land zoned A-1MH, on the west by land zoned A-2 , and on the north by Lake Trafford Road. Much of the site has been previously cleared for agricultural use. In general, areas which have not been cleared are dominated by cypress (Taxodium spp. ) , or consist of a mixed canopy of live and laurel oak (Quercus virginiana and Q. laurifolia) respectively, and red maple (Acer rubrum) . Stands of guava (Psiduim guajava) are also common. Understory species are absent throughout most of the site because of livestock activity. The two pickerelweed (Pontederia spp. ) ponds within the pasture lands are heavily grazed. A mature American alligator (Alligator mississippiensis) and at least a dozen young were seen at a cattle water hole. The American alligator is listed as a species of special concern by the Florida Game and Fresh Water Fish Commission (FGFWFC) . Recommendations: Areas of particular environmental sensitivity and concern have been located on site and the proposed development impacts and appropriate mitigative actions acknowledged. Staff therefore recommends approval of petition R-90-6 subject to the following stipulations: 1. Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . __ Staff Report R-90-6 EAC Meeting 5/16/1990 Page 2 2 . Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan Goal 6, Objective 6. 2, Policies 6. 2 .2 , 6. 2 .7, 6. 2 . 9, 6.2 . 13, 6. 2 . 14 , and Objective 6.4, Policies 6. 4 . 6 and 6.4 . 7, there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands. A minimum of 12 .25 acres shall be designated as wetland "preserves" with additional lands designated as "natural buffers/open space" tallying a minimum amount of 60 acres (this does not include lake areas) . 3 . A minimum of 11. 3 acres of mitigation shall be provided. A mitigation plan for the entire project shall be submitted upon the first site development submittal, with final site development plan approval contingent upon the mitigation scheme being approved by Project Review Services. 4 . Preserve areas shall retain the existing natural canopy, understory, and groundcover vegetation, and shall be maintained free of exotic species in perpetuity. Development and passive recreation of any kind is prohibited in the wetland preserve areas. 5. Natural buffer/open space areas are permitted to have passive recreation such as nature trails and picnic areas. However, development of any kind is prohibited. All native trees of four (4) inch or greater diameter at breast height (dbh) shall be retained with maintenance of the ground cover and understory permitted. The "natural buffer/open space" area (s) are defined as being all areas not designated "preserve" , and which are not within the development envelope indicated on the conceptual master plan. 6. Pursuant to collier County Growth Management Plan, Policy 7. 3 .4, evidence shall be submitted to Project Review Services documenting the FGFWFC's role in the live relocation of the American alligators located on site. This documentation must be submitted prior to approval of the first site development plan. 7 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 8 . Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . Staff Report R-90-6 EAC Meeting 5/16/1990 Page 3 9. Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Project Review Services, Environmental Staff. 10. All "preserves" and "natural buffer/open space" areas shall be identified by a survey and preserved on the plat document by easement or tract, dedicated to Collier County with no responsibility for maintenance. Protective covenants pursuant to Florida Statutes shall appear on the cover of the plat contained within the dedication or general notes. PREPARED BY: Agy/gall:,„ DATE: S/g/qo FREY A. ADAIR ENVIRONMENTAL SPECIALIST I REVIEWED BY: �. A/ DATE: (5-'/g /?o ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: DATE: Sig ?b JOHN F. MADAJEWSKI PROJECT REVIEW SERVICES MANAGER staff reports, R-90-6 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/16/1990 Petition: R-89-29: Robert L. Duane of Hole, Montes, and Associates, Inc. , representing Associates of Livingston Road, Ltd. ; requesting a zoning change from A-2 and A-2 "ST" to PUD for development of a mixed use project, "Livingston Road Country Club" . Considerations: Petitioner wishes to re-examine stipulation No. 2 as conditioned by Project Review Services staff, and presented before the EAC as an administrative approval on February 12 , 1990. The proposed project remains the same except for the commercial use, which is no longer proposed. Concerns for plant and animal species of special concern remain, as does the retention of viable habitat. (See attached staff report of 2/12/1990. ) The petitioner apparently believes that by preserving seventy-five (75) acres of the four hundred eighty-two (482) acres site (approximately 15. 6% of the site) reasonable use of the land is being denied. Staff contends that seventy-five (75) acres is the minimal acreage to be preserved, and that Project review Services has been extremely flexible in allowing the petitioner to distribute forty-three (43) of the seventy-five (75) acres in areas the petitioner believes appropriate. Leniency was also granted in regard to wetland impacts and mitigation. Thirty-seven and one-half (37.5) acres of wetland is proposed to be impacted for lake excavation, golf course use, and residential development. Goal 6, Objective 6. 2 , Policy 6 . 2 . 10 of the Growth Management Plan (GMP) provides the County with wetland mitigation guidelines as established by the South Florida Water Management District (SFWMD) . In accordance with these guidelines a 1. 5: 1 mitigation ratio applies, therefore establishing that fifty-six and one quarter (56. 25) acres must be provided for proposed impacts. Approximately twenty-eight (27 . 6) acres of wetlands are to be preserved (i.e. no development impact proposed) . Therefore, a grand total of approximately eighty-four (83 . 9) acres of wetland preserves and mitigation should actually be required. Because of the contiguousness of the proposed preserves Project Review Services has demonstrated design flexibility in requiring only seventy-five (75) acres be preserved, much of which is not designated on the master plan to allow further design flexibility. Staff Report R-89-29 EAC Meeting 5/16/1990 Page 2 Recommendations: Staff recommends denial of any revision(s) to petition R-89-29 as presented to the EAC on February 12 , 1990. These stipulations are: 1. Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of native habitat and tree removal permit) . 2) Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan goal 6, objective 6. 2 , policies 6. 2 . 2 , 6. 2 . 7, 6. 2 . 9, 6. 2 . 13 , 6.2 . 14 , and objective 6. 4, policies 6. 4 . 6 and 6.4 .7, there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands. Seventy-five (75) acres, the equivalent of twenty-five percent (25%) of the existing natural habitat on site (i.e. disturbed and agricultural land uses not included) , shall be retained. Thirty-two (32) acres of the total seventy-five (75) acres shall be designated as preserve areas. Distribution of the remaining forty-three (43) 141P) acres shall be determined during\ site development plaa - (SDP) review. i4t1,t;+r,N :wAdTrwt. ?oh, a iw r'K. 4 3) Preserve areas shall retain the existing natural canopy, understory, and groundcover vegetation, and shall be maintained free of exotic species in perpetuity. 4) Passive recreation is prohibited in the wetland preserve areas unless otherwise determined during site development plan (SDP) review. 5) Pursuant to Collier County Growth Management Plan goal 7, objective 7 . 3, policies 7 . 3 . 4 and 7 . 3 . 5, the petitioner shall retain big cypress fox squirrels and and any found gopher tortoises on site, or shall relocate them according to Florida Game and Fresh Water Fish Commission (FGFWFC) protocol after contacting and receiving approval from the FGFWFC. 6) All plant species of special concern not within the preserve areas and within the construction footprint shall be transplanted on site to preserve areas of suitable habitat. — Staff Report R-89-29 EAC Meeting 5/16/90 Page 3 7) Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance Na. 89-53 (removal of exotic species) . 8) Petitioner shall be subject to Ordinance No. 89-57 (use of native species in landscaping) . 9) Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Planning Services, Environmental Review Staff. 10) The 16. 1 acre ST area within the subject property shall be retained within a preserve area. PREPARED BY: , ' � l t ; 1�- DATE: t /JEFFREY A. ADAIR ENVIRONMENTAL SPECIALIST I REVIEWED BY: e:„t,i tJCi4, 0,„ DATE: LOA) ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: ` ' ' / DATE: JOHN F. MADAJ SKI, P. E. PROJECT REVIEW SERVICES MANAGER Staff Reports, R-89-29 (May 1990 EAC) ew t DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Jeffrey A. Adair 4AA Environmental Specialist I DATE: January 26, 1990 RE: R-89-29: Robert L. Duane of Hole, Montes, and Associates, Inc. , representing Associates of Livingston Road, Ltd. ; requesting a zoning change from A-2 and A-2 "ST" to PUD for development of a mixed use project, "Livingston Road Country Club" . Petitioner requests a zoning change for development of a mixed use project consisting of single and multi-family residential, and commercial land uses, and a golf course with a clubhouse on a 482 acre site located in the northwest quadrant of the intersection of the proposed north/south and east/west Livingston Road extension in North Naples. Subject property is essentially bordered on the east and south by the proposed Livingston Road extensions, and on the north and west by undeveloped agricultural land zoned A-2 . Two sensitive treatment (ST) overlays are located within the subject property. The largest encompasses an area of approximately 16. 1 acres and is dominated by slash pine (Pinus elliottii) , cypress (Taxodium spp. ) , and melaleuca (Melaleuca leucedendra) with a sparse ground cover of swamp fern (Blechnum serrulatum) . The smaller 8.8 acre ST area is dominated by willow (Salix caroliniana) . Pursuant to the Zoning Ordinance of Collier County, Section 9, paragraph 9. 1a and 9. 1f3 (e) , Staff contends the smaller ST area to have lost its unique features associated with ST areas in that "the surrounding land exerts a continuing environmental deterioration (i.e. cleared and ditched farm land in this case) of the ST area. " Disturbed farm and residential land uses account for 181 acres. The majority of the site remains undeveloped and shows no recent signs of clearing. An integrated system of saw palmetto (Serenoa repens) rangeland, pine flatwoods dominated by slash pine and saw palmetto, and wetlands exist. The two Staff Report R-89-29 EAC Meeting 2/12/90 Page 2 major wetland types can be described as slash pine/cypress/ Melaleuca dominated and wet prairie dominated by muhly grass (Muhlenbergia capillaris) and sedges (Cyperus spp. ) with scattered slash pine. The Petitioner has identified seven (7) plant species and one (1) animal species of special concern on site. Plants listed by the Florida Department of Agricultural Consumer Services (FDA) include common wild pine (Tillandsia fasciculata) because of commercial exploration, and the following are threatened: wild pine (unnamed) (T. balbisiana) , wild pine (unnamed) (T. setacea) , aspiduim fern (unnamed) (Thelypteris kunthii) , golden polypody (Phlebodium aureum) , pink pine (Bletia purpurea) , and the butterfly orchid (Encyclia tampensis) . One big cypress fox squirrel (Sciurus niger avicennia) was observed on site and one inactive gopher tortoise (Gopherus polyphemus) burrow was located. Both are listed as under review (UR2) by the United States Fish and wildlife Service. The big cypress fox squirrel is also listed as threatened, and the gopher tortoise as a species of special concern, by the Florida Game and Fresh Water Fish Commission. Areas of particular environmental sensitivity and concern have been located on site and the proposed development impacts and appropriate mitigative actions acknowledged. Staff therefore recommends administrative approval of petition R-89-29 subject to the following stipulations: 1. Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance No. 89-58 (preservation of native habitat and tree removal permit) . 2) Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan goal 6, objective 6.2, policies 6.2 .2, 6.2 .7, 6.2 .9, 6.2. 13 , 6.2.14, and objective 6.4, policies 6.4. 6 and 6.4 .7, there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands. Seventy-five (75) acres, the equivalent of twenty-five percent (25%) of the existing natural habitat on site (i.e. disturbed and agricultural land uses not included) , shall be retained. Thirty-two (32) acres of the total seventy-five (75) acres shall be disignated as preserve areas. Distribution of the remaining forty-three (43) acres shall be determined during site develoment plan (SDP) review. 3) Preserve areas shall retain the existing natural canopy, understory, and groundcover vegetation, and shall be maintained free of exotic species in perpetuity. Staff Report R-89-29 EAC Meeting 2/12/90 Page 3 4) Passive recreation is prohibited in the wetland preserve areas unless otherwise determined during site development plan (SDP) review. 5) Pursuant to Collier County Growth Management Plan goal 7, objective 7. 3, policies 7.3.4 and 7. 3 .5, the petitioner shall retain big cypress fox squirrels and and any found gopher tortoises on site, or shall relocate them according to Florida Game and Fresh Water Fish Commission (FGFWFC) protocol after contacting and receiving approval from the FGFWFC. 6) All plant species of special concern not within the preserve areas and within the construction footprint shall be transplanted on site to preserve areas of suitable habitat. 7) Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance No. 89-53 (removal of exotic species) . 8) Petitioner shall be subject to Ordinance No. 89-57 (use of native species in landscaping) . 9) Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Planning Services, Environmental Review Staff. 10) The 16. 1 acre ST area within the subject property shall be retained within a preserve area. Staff Reports, R-89-29 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/16/1990 Petition: R-89-34 : William C. McAnly of William C. McAnly and Associates, P.A. representing John N. Brugger As Trustee; requesting a zoning change from A-2 to PUD, "Wilshire Lakes. " Considerations: Petitioner requests a zoning change for development of a mixed use project consisting of single and multi-family residential dwellings and recreational facilities on a 214 acre site. The subject property is located in the northeast quadrant of the geometric intersection of Vanderbilt Beach Road and Interstate 75, and is bounded on the north and west by land zoned A-2 with some current farming activity on the west, and bounded on the east by Interstate 75, and on the south by Vanderbilt Beach Road. The majority of the site consists of a slash pine (Pinus elliottii) canopy intermixed with smaller cypress (Taxodium spp. ) and melaleuca (Melaleuca leucedendra) in areas. A relatively pure stand of cypress exists at the north end of the site. Understory and groundcover species range from saw palmetto (Serenoa repens) to a variety of wetland graminoids and ferns. Recommendations: Areas of particular environmental sensitivity and concern have been located on site and the proposed development impacts and appropriate mitigative actions acknowledged. Staff therefore recommends approval of Petition No. R-89-34 subject to the following stipulations: 1. Petitioner shall be subject to Ordinance No. 75-21, as amended by Ordinance No. 89-58 (preservation of native habitat and tree removal permit) . 2 . Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan, Goal 6, Objective 6. 2 , Policies 6. 2 . 2 , 6. 3 . 7 , 6. 2 . 9, 6.2 . 13 , 6. 2 . 14, and Objective 6. 5, net loss of viable naturally functioning fresh water wetlands. Approximately fifty-one (50. 8) acres, the equivalent of twenty-five percent (25%) of the existing natural habitat on site (i.e. disturbed and agricultural land uses not included) , shall be retained. Twenty-one (21) acres of the total 50.8 acres shall be designated as preserve areas. Distribution of the remaining 29 .8 acres shall be determined during site development plan (SDP) review and may require reduction of lake areas. Staff Report R-89-34 EAC Meeting 5/16/1990 Page 2 3 . "Preserve" areas shall retain the existing natural canopy, understory, and groundcover vegetation, and shall be maintained free of exotic species in perpetuity. Passive recreation is prohibited in the wetland preserve areas. 4 . "Natural buffer" areas shall be defined as all areas not designated as "preserve" , and which are not within the development envelope. Nature trails, picnic area, and educational displays are permissible in these areas. These areas may be credited as serving as buffers around lake areas and preserves. 5. A minimum of 4 .4 acres of mitigation shall be provided. A mitigation plan for the entire project shall be submitted upon the first SDP submittal, with final SDP approval contingent upon the mitigation scheme being approved by Project Review Services. 6. Petitioner shall be subject to Ordinance No. 82-37, as amended by Ordinance No. 89-53 (removal of exotic species) . 7 . Petitioner shall be subject to Ordinance No. 89-57 (use of native species in landscaping) . 8 . Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact Collier County Planning Services, Environmental Review Staff. 9. All "preserves" and "natural buffer" areas shall be identified by a survey and preserved on the plat document by easement or tract, dedicated to Collier County with no responsibility for maintenance. Protective covenants pursuant to Florida Statutes shall appear on the cover of the plat contained within the dedication or general notes. PREPARED BY: ,!j/ ('I DATE: _S-/S r 90 /JEFFREY A. ADAIR ENVIRONMENTAL SPECIALIST I REVIEWED BY: __c,v_. A DATE: �B147D ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: c01, DATE: $(;i) JOHA F. MAD JEWSKI, P. E. PROJECT REVIEW SERVICES MANAGER PLANNING SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 5/16/1990 Petition: R-90-4 : Robert L. Duane of Hole, Montes and Associates, Inc. , representing John E. Price Jr. ; requesting a zoning change from A-1MH ACSC/ST to PUD, "Price PUD" . Considerations: Petitioner requests a zoning change for development of 1.8 acres of a 18 acre site for a convenience food store, delicatessen, and automobile service station. Project site is contained in the Area of Critical State Concern (ACSC) and Special Treatment (ST) overlay, and is located in the northeast quadrant of the CR 858 (Oil Well Road) /SR 29 intersection. Subject property is bounded on the north and east by property zoned for agricultural use with accessory residences (A-1MH) , on the south by CR 858, and on the west by SR 29 . The site has been altered significantly by water management practices, previous clearing, and livestock. The west side of the site is bounded by a large canal which runs adjacent to SR 29, and areas in the southern and western portions of the site have been cleared in the past. Much of the understory throughout the site is absent, probably because of livestock grazing/browsing. The area proposed for development consists of scattered cabbage palms (Sabal palmetto) and slash pine (Pinus elliottii) . Understory species include muscadine grape (Vitis rotundifolia) and Caesar-weed (Urena lobata) . A line of large live oak (Quercus virginiana) and dense cabbage palm skirt the northern edge of the proposed development. The remainder of the site consists of a central pasture and a unique pop ash (Fraxinus caroliniana) /cypress (Taxodium spp. ) dominated wetland to the north, the understory being absent. The Florida Game and Fresh Water Fish Commission (FGFWFC) and the United States Fish and Wildlife Service (USFWS) have both expressed concerns with regard to the location of the proposed development. Project Review Services environmental staff concurs with these concerns as outlined below: a) A high intensity commercial use located in a wildlife corridor of the Florida panther (Felis concolor coryi) , listed as endangered by both the FGFWFC and USFWS. Staff Report R-90-4 EAC meeting 5/16/1990 Page 2 b) Precedent for land use intensification on lands historically designated for agriculture, and therefore the cumulative effects and which might lead to urban development in the future. To aid the Department of Natural Resources' (DNR) Land Acquisition Program, which encompasses lands within the ACSC, Project Review Services has utilized Goal 6, Objective 6.2, Policy 6. 2 . 10 of the Growth Management Plan (GMP) to deed pristine wetlands and valuable wildlife habitat within the ACSC over to the State in an effort to appropriately mitigate wetland loses incurred in other areas of the County. Development within the ACSC will negate the positive character of this procedure as well as bolster land value so as to make such mitigation an uneconomic alternative to on-site mitigation. Recommendations: The proposed development is located in an area of particular -- environmental sensitivity. These wildlife and land use concerns cannot be addressed by alternative site designs, mitigation, or wildlife relocation. Staff therefore recommends denial of petition R-90-4 . PREPARED BY: 2 ;`( I 11 DATE: s)4/q(_ J FFIEY A. ADAIR ENVIRONMENTAL SPECIALIST I REVIEWED BY: W DATE: (5 k ho ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST k � REVIEWED BY: i24144 y j/ GDATE6-16.(9' JOHN F. MADAJE SKI, P. E. PROJECT REVIEW. SERVICES MANAGER staff report, R-90-4 ew