EAC Agenda 08/15/1990 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
August 15, 1990
8:45 A.M.
I. ROLL CALL
II. APPROVAL OF MINUTES
III. ADDENDA
IV. STAFF REPORT
A. PROPOSED ADMINISTRATIVE APPROVAL
1. PDA-90-7 : Robert L. Duane AICP of Hole,
Montes and Associates, Inc. , representing The
Vineyards Development Corp. (U.S. Home Corp. ) ;
requesting a PUD amendment to the "Vineyards
PUD" to modify internal road alignment and
layout of the golf course.
2 . PDA-90-9 : John D. Lee of Hole, Montes and
Associates, Inc. , representing Life Care
Communities of America, Ltd. d/b/a Bentley
Village; requesting a PUD Amendment to "The
Retreat at Naples PUD" to allow an employee
child care facility.
V. OLD BUSINESS
A. Proposed Manatee Protection Stipulations
B. Request from Dr. Neno Spagna to rehear Petition
PDA-89-6 (Gadeleta) .
VI. PUBLIC HEARINGS
A. ST-90-2 : Dale Beatty, representing Jean Ferrone
and William Van Arsdale; requesting an ST permit
to construct a single family residence on Key
Island, (South 100 ft. of N 2100 ft. of Government
Lot 3 , S14 , T51S, R25E) .
B. R-90-18: Robert L. Duane, AICP of Hole, Montes
and Associates, Inc. , representing Francis D.
Hussey; requesting a zoning change from C-4 to
PUD, "Meadow Brook Estates" .
C. R-89-19: Robert L. Duane, AICP of Hole, Montes
and Associates, Inc. , representing Walter T.
Donovan; requesting a zoning change from A-2 to
PUD "Donovan Center" .
EAC Agenda
August 15, 1990
Page 2
VII. NEW BUSINESS
VIII. DISCUSSION OF ADDENDA
IX. ADJOURNMENT
X. WORKSHOP
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NOTES:
A. Notify PROJECT REVIEW SERVICES (Environmental Staff)
(643-8470) no later than 5 P.M. on Monday August 13,
1990, if you cannot attend this meeting or if you have
conflict and thus will abstain from voting on a
particular petition.
B. Please refer to notice on first floor, Building F, for
the location of the E.A.C. meeting.
C. Items added after agenda was sent out.
D. No action since last Council meeting.
E. On January 7, 1987 the E.A.C. adopted a policy that any
person addressing the E.A.C. on behalf of any
organization must present a letter from said organization
acknowledging them as a representative empowered to make
policy related comments on that subject.
*************************************************************
PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND
THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
********** *********** **********
*************************************************************
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 8/15/1990
Petition: PDA-90-7: Robert L. Duane AICP of Hole, Montes
and Associates, Inc. , representing The Vineyards
Development Corp. (U. S. Home Corp. ) ; requesting a
PUD amendment to the "Vineyards PUD" to modify
internal road alignment and layout of the golf
course.
Considerations:
The applicant proposes to amend The Vineyards PUD Ordinances
85-15, 86-63 , and 87-44 to allow adjustments of the road
alignment in the western 555 acre parcel lying west of I-75,
in part of S6, T49S, R26E and part of Sl, T49S, R26E, Collier
County, Florida. The parcel is an old agricultural field and
does not pose any major environmental problems.
Recommendations:
Staff recommends administrative approval of Petition PDA-90-7
subject to the following stipulations:
1. The applicant shall be subject to all environmental
ordinances in effect at the time of development order
approvals unless specifically exempted or modified by
this PUD document.
2 . PUD approval does not absolve the applicant from
supplying necessary information as required for
subsequent site plan approval (i.e. wildlife surveys,
etc. ) .
PREPARED BY: ----t f/L, DATE: k/ 'J C
Eric D. Worsham
Chief Environmental Specialist
-4W s
REVIEWED BY: y -' 1' . .2,0' DATE:
i �L
hn F. Madajewski, P. E.
oject Review Services Manager
Staff Reports, PDA-90-7, ew
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 8/15/1990
Petition: PDA-90-9 : John D. Lee of Hole, Montes and
Associates, Inc. , representing Life Care
Communities of America, Ltd. d/b/a Bentley
Village; requesting a PUD Amendment to "The
Retreat at Naples PUD" to allow an employee child
care facility.
Considerations:
Petitioner proposes a PUD document language amendment, with
no changes to the PUD Master Plan. The language change would
allow child care facilities as an accessory use within Tract
D, Bentley Village. The child care facility will be for
employee use only and will be within an existing medical
center complex.
Tract D land use regulations are addressed in Section three
of the attached package.
Recommendations:
Staff recommends, given there is no change in footprint,
administrative approval of Petition PDA-90-9 subject to the
following stipulation:
1. Petitioner shall be subject to all environmental
ordinances in effect at the time of development order
approval unless specifically exempted or modified by
Ordinance 86-27 and Ordinance 82-97 (PUD document) .
2 . PUD approval does not absolve the applicant from
supplying necessary information as required for
subsequent site plan approval (i.e. wildlife surveys,
etc. ) .
PREPARED BY: `_)a 1I, 7 7 7 k.,DATE: �i�- f /9 6�°
BARBARA N. PRYNOSKI O
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: C.-c-tc_ A) 0,,, , t,- DATE: g1/4
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
!
REVIEWED BY: cl DATE: gf�tc.
MADAJEWSKI, P. E.
( OHNF.
'ROJECT REVIEW SERVICES MANAGER
DEVELOPMENT SERVICES DEPARTMENT
PROJECT REVIEW SERVICES SECTION
MEMORANDUM
TO: Environmental Advisory Council (EAC) Members
FROM: Barbara Prynoski
Environmental Specialist II
Project Review Services
DATE: August 7, 1990
RE: Suggested Manatee Protection Stipulations
Whereas, the Collier County Growth Management Plan
Conservation and Coastal Management Element Goal (7) states
that "The County shall protect and conserve its fisheries and
wildlife" and Objective 7.2 states "By January 1, 1990, West
Indian Manatee deaths shall not exceed the 5-year average of
1983 through 1987 of 11 deaths. ", an average that Collier
County has exceeded, Staff requests that the following
stipulations be incorporated into all commercial and
multi-family development orders related to boat docks and
marinas in areas designated by the U. S. Fish and Wildlife
Services as critical manatee habitat. These stipulations
will act as interim measures until such time as the County
develops and implements a Manatee Protection Plan.
1. Petitioner shall instruct the contractor(s) and all other
personnel associated with construction of the facility of
the presence of manatees and the following: (a)
manatees are protected under the Endangered Species Act
of 1973 and the Marine Mammal Protection Act of 1972 and
that there are civil and criminal penalties for harming,
harassing or killing manatees; (b) any collision with a
manatee shall be reported immediately to the manatee
"hot-line" (1-800-342-1821) and to the U. S. Fish and
Wildlife Service, Jacksonville Endangered Species Field
Station (904-791-2580) .
2 . All vessels associated with the project construction will
operate at "no-wake" speeds at all times while in water
where the draft of the vessel provides less than a three
foot clearance from the bottom and that vessels will
follow routes of deep water to the extent possible.
3 . Petitioner shall install and maintain at least one
manatee awareness sign at a prominent location within the
facility.
EAC Members
Manatee Protection
Page 2
4 . Petitioner shall install and maintain a permanent
educational display at a prominent location at the
facility to increase boater awareness of the presence of
manatees. Said display will, at minimum, address: how
to minimize the threat of boat related injury to
manatees; provide information on boat speed zones in the
area; and post the manatee "hot-line" number
(1-800-342-1821) .
5. Educational literature on the manatee and its habitat
shall be available to users of the facility. Literature
shall be prominently displayed.
6. If turbidity screens are used, petitioner shall ensure
that their use will not trap or isolate manatees in any
area of the marine basin.
7. Manatee protection plan shall be reviewed and approved by
Florida Department of Natural Resources, Marine Mammal
Research Section, St. Petersburg, Florida prior to
Collier County final site plan approval and/or issuance
of building permits.
BNP/ew90-301
cc: EAC Binder
Eric Worsham, Chief Environmental Specialist
Chrono File
DEVELOPMENT SERVICES DEPARTMENT
PROJECT REVIEW SERVICES SECTION
MEMORANDUM
TO: Environmental Advisory Council (EAC) Members
FROM: Barbara Burgeson
Environmental Specialist I
Project Review Services
DATE: August 7, 1990
RE: Request to rehear an approved provisional use
Project Review Services has received a request to rehear the
Gadeleta Provisional Use which was originally presented to
the EAC on September 20, 1989 and has received final approval
by Project Review Services.
Enclosed is a copy of the EAC minutes for Petition No.
PDA-89-6 along with appropriate sections of Ordinance 89-84
referenced in the request submitted by Mr. Neno Spagna. A
copy of the approved site plan is also enclosed showing the
site as approved by Collier County Project Review Services.
The staff supports the original decision and intent of the
EAC but is requesting that the petitioner have the
opportunity to present his concerns. Staff is not certain
that the EAC has full authority to change previously approved
preserve areas or criteria. However, if the EAC should
decide to overturn their original decision Project Review
Services would request a legal determination from the County
attorney's office.
BSB/ew90-300
cc: EAC Binder
Eric Worsham, Chief Environmental Specialist 5.,
Chrono File
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CE FORM tlB• 10-86 , o.
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 8/15/1990
Petition: ST-90-2 : Dale Beatty, representing Jean Ferrone
and William Van Arsdale; requesting an ST permit
to construct a single family residence on Key
Island, (South 100 ft. of N 2100 ft. of Government
Lot 3 , S14, T51S, R25E) .
Considerations:
The applicant proposes to construct a "fish camp" type
structure on the intercostal waterway (eastern) side of Key
Island. The subject property is one hundred (100) feet wide
and extends from the Gulf of Mexico to the Intercostal
Waterway; legal description South 100 feet of North 2100 feet
of Government lot 3 , S14, T51S, R25E, Collier County,
Florida. The areas of proposed construction is devoid of
native vegetation and was previously vegetated with
Australian pine. The applicant agrees to build a structure
consistent with the EAC approved "Fish Camp" definition as
indicated below:
"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.
The proposed construction shall not require a Collier County
Coastal Construction Setback Line variance or a Department of
Natural Resources Coastal Construction Control Line permit.
Recommendations:
Staff recommends approval of Petition ST-90-2 subject to the
following stipulations.
1. The entire construction area and all construction access
areas shall be enclosed by Florida Game and Freshwater
Fish Commission approved gopher tortoise fencing prior to
the commencement of construction.
Staff Report ST-90-2
EAC Meeting 8/15/90
Page 2
2 . All gopher tortoises located within the enclosed
construction areas shall be relocated outside the
enclosure by a licensed biological consultant or an
approved gopher tortoise relocation permit prior to
issuance of building permits.
3 . Only exotic vegetation may be removed to facilitate
proposed or future construction activities.
4 . Any future boat dock proposals must adhere to all Collier
County and Florida Department of Natural Resources
manatee protection requirements and guidelines.
PREPARED BY: (A (g,s.h.--DATE: ' A-0
Eric D. Worsham
Chief Environmental Specialist
/11/7/?
REVIEWED BY: (4)/11/,,Itli , -,,,, t+ 141 DATE:
ohn P. Madaj ewski, P. E.
`Project Revicjw Services Manager
Staff Reports, ST-90-2 , ew
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 8/15/1990
Petition: R-90-18: Robert L. Duane, AICP of Hole, Montes
and Associates, Inc. , representing Francis D.
Hussey; requesting a zoning change from C-4 to
PUD, "Meadow Brook Estates" .
Considerations:
The site is situated on the westerly side of Old Route U.S. 41,
approximately 0. 3 miles north of ' the intersection of U. S. 41
and Old U. S. 41, S10, T48S, R25E. Subject site is a 39.8 acre
parcel, 1375 feet by 1750 feet and is currently vacant.
Existing land elevation ranges from 9. 4 to 11. 8 .
Mixed use development is proposed; multi-family (544 units) ,
commercial (5 acres) and preservation/open space. Preservation
acreage proposed consists of 9 . 2 acres of wetlands running
north/south (central to western portion of site) and 5. 35 acres
of uplands. Upland preservation areas include 13 gopher
tortoise burrows. Total preserve acreage equals 14 . 55 acres or
37% of the site. Wet retention (lake) is proposed for 3 .25
acres of the site. Discharge is proposed to the wetland
preserve area. Collier County Project Review Services surface
water management Engineers consider the major wetland preserve
to be the main drainage for the area to the north.
Reader is referred to the 3/28/90 Environmental Impact Study
(Southern Biomes, EIS) pages 1-3 for a vegetation inventory as
well as to the Vegetation Map submitted separately (dated
2/2/90) . Note that the site contains 17. 5 acres of
jurisdictional wetlands. Proposed wetland impacts relate to
the northeast 7. 15 acre area consisting of (643) , wet prairie
and (643c) cypress wet prairie.
On site are two protected species (see EIS, pp. 9-10) .
gopher tortoise (Gopherus polyphemus)
scrub blazing star (Liatris ohlingerae)
Both species will be retained on site in their present
location(s) as they are situated in the proposed "preserve"
upland acreage.
Recommendations:
Petitioner proposes to retain 37% of the site to satisfy native
species retention requirements as required by Collier County
Ordinance 89-49 and as mitigation for proposed impacts to
jurisdictional wetlands in the north, north/east corner of the
site. Collier County accepts upland mitigation where wildlife
issues are a consideration.
Staff Report R-90-18
EAC Meeting 8/7/90
Page 2
Staff recommends approval of R-90-18 subject to the following
stipulations:
1. Preserve areas, totaling 14 . 55 acres, as indicated on the
conceptual PUD master plan, shall be identified by a survey
and designated and preserved as a conservation tract on the
plat document. Protective covenants pursuant to Florida
Statutes shall appear on the plat cover sheet under the
dedication or general notes section.
2 . Petitioner shall obtain and submit all required federal and
state jurisdictional wetland permits at the
pre-construction meeting.
3 . Plans for any required State and Federal wetland mitigation
shall be submitted to Project Review Services,
Environmental Staff, for review and incorporation into the
final site plan.
4 . A minimum separation distance between protected wetlands
and the proposed lake (wet retention) shall be 200 feet
unless the lake is controlled at the lichen line elevation
of the adjacent wetland preserve and the lake discharges to
the wetland.
5. Gopher tortoises shall be retained on site. If relocation
is proposed, documentation of review and approval of the
site plan by the Florida Game and Fresh Water Fish
Commission shall be provided to Collier County Project
Review Services, Environmental Staff.
6. The applicant shall be subject to all environmental
ordinances in effect at the time of development order
approvals unless specifically exempted or modified by this
PUD document.
7 . PUD approval does not absolve the applicant from supplying
necessary information as required for subsequent site plan
approval (i.e. wildlife surveys, etc. ) .
PREPARED BY: 4.r14, nt.. //•/�i�-c fDATE: &y t Yj / 9 90
BARBARA N. PRYNOSKI
ENVIRONMENTAL SPECI4IST II
ii
REVIEWED BY: , , —,YL
DATE: 0
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
if
L: TN' d
REVIEWED BY: f . DATE: Q, cQ
OHN . MADAJEWSKI, P. E.
PROJECT REVIEW SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 8/15/1990
Petition: R-89-19: Robert L. Duane, AICP of Hole, Montes
and Associates, Inc. , representing Walter T.
Donovan; requesting a zoning change from A-2 to
PUD "Donovan Center" .
Considerations:
Location/Project:
The 46.7 acre tract is located on the southwest quadrant of
the Immokalee Road/I-75 interchange quadrant. This project
proposes ± 26 acres for commercial use and ± 20 acres for
residential use. The total amount of retail or office
development contemplated within the 26 acres of commercial
use is 250, 000 square feet. The total amount of residential
development contemplated within the residential use is 144
residential dwelling units.
Site Description/Vegetation:
Several site visits were conducted by Kimberly Polen (Collier
County Project Review Services - CCPRS) and accompanied by
Geza Wass de Czege (Southern Biomes, EIS) and Robert Duane
(Hole, Montes, and Associates) .
On October 2 , 1989 Barbara Prynoski (CCPRS) was present
during the initial site visit.
On October 24, 1989 Kimberly Dryden, Philip Manor, Lt. John
West (all representing the Florida Game and Fresh Water Fish
Commission - FGFWFC) and Lance Eaddy (U. S. Fish and Wildlife
Service - USFWS) joined the group during the second visit.
During the last week of November 1989 Kimberly Dryden met the
group on site to make a final assessment of the proposal.
After the group arrived everyone was informed by Ms. Dryden
that woodpecker nest cavities had been allegedly removed from
the site.
On December 12 , 1989 staff received a follow-up survey from
Philip Manor, Biologist Scientist II for the Florida Game and
Fresh Water Fish Commission.
On December 16, 1989 the County's Environmental Compliance
Investigator, Fred Riechel, wrote a letter to the property
owner, Water T. Donovan, regarding unpermitted clearing of
red-cockaded woodpecker cavity trees.
Staff Report R-89-19
EAC Meeting 8/15/90
Page 2
Staff has not been notified by FGFWFC, USFWS, and/or County
Compliance Services regarding the resolution of unpermitted
clearing on the Donovan site.
On January 9th and 15th, 1990 the County was notified by
Michael McDonnell, a civil trial lawyer representing Water T.
Donovan, that Mr. Donovan had no idea how the unpermitted
clearing occurred and that Mr. Donovan had requested that the
Sheriff's office be on the lookout for any trespassers upon
his property in the future.
There are 6. 3 acres of wetlands, jurisdictional to the South
Florida Water Management District, and the U. S. Army Corps
of Engineers. The Department of Environmental Regulation has
not claimed jurisdiction on this site.
Eighty (80) percent of the entire site consists of mostly
upland habitats which include: 55% pine-saw palmetto
flatwoods, 20% remnant cypress wet prairie, 15% cypress-pine
forest and 10% melaleuca-cypress-pine forest. The remaining
(20) twenty percent consists of wetland habitats which
include: 75% pine-cypress wetlands, 18% freshwater marsh, 5%
cypress forest and 2% willow pond wetlands.
An active colony of red-cockaded woodpeckers (RCW) was
observed on the property and therefore a RCW survey was
conducted by Geza Wass de Czege, wildlife biologist with
Southern Biomes, EIS.
On the site a clan of three (3) red cockaded woodpeckers have
been identified. One starter hole and three (3) cavity trees
were located on the south 20 acres designated as multi-family
development. Another starter hole was located on the
southwest corner of the commercial site on the edge of an
open saw palmetto prairie. Two cavity trees have been
located on the adjacent property to the east, which is
utilized by the RCW for roosting.
In accordance with Florida Game and Fresh Water Fish
Commission and U. S. Fish and Wildlife Service guidelines and
authorization, viable roosting, nesting, and foraging habitat
within an RCW colony range becomes jurisdictional to these
agencies. Guidelines are set forth for development and
management of these habitats (Policies 7 . 3 .4 and 7. 3 .8 of the
Collier County Comprehensive Plan - Conservation and Coastal
Management Element) .
Staff Report R-89-19
EAC Meeting 8/15/90
Page 3
There are approximately 25 acres of red-cockaded woodpecker
(RCW) habitat on site which shall require a portion of it to
be set aside as RCW preserve. Tree clearing restrictions and
additional slash pine landscaping within the development
shall be required to maintain future RCW foraging habitat.
Preservation of mature pine habitat has been found to be the
most positive conservation measure for maintaining this
species. This preservation can be accomplished by upland
preserves, wooded community open space, and naturally
vegetated buffers.
There are 6. 3 acres of jurisdictional wetlands on site of
which 3 . 9 acres are being proposed for development and 2 .4
acres for preservation; therefore, additional mitigation
shall be required. This mitigation will reflect the intent
of Collier County Comprehensive Plan - Conservation and
Coastal Management Element, Objectives 6.2 an 6. 3 and
associated policies.
Recommendations:
Considering the above, staff recommends approval of petition
R-89-19 subject to the following stipulations:
1. According to Objectives 6. 2 and 6. 3 and associated
policies of the Collier County Comprehensive Plan -
Conservation and Coastal Management Element no net loss
of wetlands shall occur; therefore, the PUD Master Plan
is subject to the following limitations and/or revisions:
A. Petitioner shall be subject to Collier County
Comprehensive Plan - Conservation and Coastal Management
Element Policies 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. At least 25% (11.7
acres) of contiguous native vegetation to be retained on
site shall include the following:
1) 6. 3 acres of wetlands shall be preserved or upland
compensation may be considered for mitigation of
disturbed wetlands. If upland compensation is
approved, it shall be mitigated for at a 3 : 1 ratio by
providing red-cockaded woodpecker habitat preserve
area that includes natural buffers around all starter
holes and nesting cavity trees. These buffer radii
shall be established by the Florida Game and Fresh
Water Fish Commission and the U. S. Fish and Wildlife
Service.
2) All remaining acreage shall include contiguous
foraging habitat and upland preserve.
Staff Report R-89-19
EAC Meeting 8/15/90
Page 4
2 . 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 approval of a subdivision master plan for this
property.
3 . Petitioner must provide documentation of all
jurisdictional wetland delineations from U. S. Corps of
Engineers, South Florida Water Management District, and
Collier County, prior to approval of a subdivision master
plan for this property.
4 . At the time of platting, all preserves, uplands and
wetlands shall be recorded as tracts and provided with
protective covenants which require the areas to be
maintained in their natural (unaltered) state.
5. Protected species surveys shall be required for all
subsequent site development plans submitted to the County
for approval if previous surveys are over two (2) years
old.
6. Prior to approval of a subdivision master plan for this
property, the applicant shall provide evidence that all
alleged tree removal and protected species violations
have been resolved with Collier County Compliance
Services, Florida Game and Freshwater Fish Commission and
the U. S. Fish and Wildlife Service.
7 . The applicant shall be subject to all environmental
ordinances in effect at the time of development order
approvals.
8 . PUD approval does not absolve the applicant from
supplying necessary information required for approval of
development orders required for this project. (i.e.
wildlife surveys, etc. ) .
PREPARED BY: -.�� ,1 DATE: `"�
KIMBERLY 5�����POLEN
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: (C1 -L , �u v� -DATE: $ l' /76
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
Wifill-'4/2'."41;
F
REVIEWED BY: ,.•�-�- -�'° DATE: 1;
JOHN F. MADAJEWSKI, P. E.
PROJECT REVIEW SERVICES MANAGER
Staff Reports, R-89-19,ew