EAC Agenda 09/19/1990 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
September 19, 1990
8:45 A.M.
I. ROLL CALL
II. APPROVAL OF MINUTES
III. ADDENDA
IV. STAFF REPORT
A. PROPOSED ADMINISTRATIVE APPROVAL
1. PU-89-23 : Joe Cucuzza of Bosserman
Engineering, representing Josue Rincon, Pastor
of Bethel Assembly of God Inc. ; requesting a
provisional use "3a" of RMF-6 for church
expansion.
2 . PU-90-15: Steve Ball of Agnoli, Barber &
Brundage, Inc. , representing Collier
Development Corporation; requesting a
provisional use "b" of A-2 zoning for lake
excavation.
3 . PU-90-20: Phil Lee, Trustee, representing
Grace Bible Church; requesting a provisional
use "a" of Estates zoning for a church.
4 . PU-90-21: Ervin Ross, representing East
Naples Baptist Church, Inc. ; requesting a
provisional use "a" of RMF-6 zoning for two
educational buildings to be accessory to a
church.
5. PU-90-16: Bob Fahey of Collier County Solid
Waste Management; requesting a provisional use
"b" of Section 8 . 10 for essential services
(Marco Island Transfer Station) .
6. PU-90-17: Bob Fahey of Collier County Solid
Waste Management; requesting a provisional use
"b" of Section 8 . 10 for a resource recovery
facility (Naples Landfill) .
7. PU-90-18: Bob Fahey of Collier County Solid
Waste Management; requesting a provisional use
"b" of Section 8 . 10 for a resource recovery
facility (Immokalee Landfill) .
8 . PU-90-19 : Bob Fahey of Collier County Solid
Waste Management; requesting a provisional use
"b" of Section 8. 10 for transfer station
(Carnestown Transfer Station) .
9 . PDA-90-8: Barbara Henderson Cawley of
Wilson, Miller, Barton & Peek, Inc. ,
representing Royal Marco Developments;
requesting a PUD language amendment to the
"Hideaway Beach PUD" .
V. OLD BUSINESS
A. Continued discussion of request from Dr. Neno
Spagna to rehear Petition PDA-89-6 (Gadeleta) .
VI. PUBLIC HEARINGS
A. R-88-23 , REVISED: Dr. Neno J. Spagna of Florida
Urban Institute, Inc. , representing Mrs. Joseph S.
Weinfeld and Lester and Mary E. Persky; requesting
a zoning change from A-2 (MH) to PUD for
multi-family entry level housing, "Trafford
Highland Estates" .
B. R-90-28: Kevin Coleman of Cummings & Lockwood,
representing William A. Gebhardt, Executive Vice
President of Security Savings Bank; requesting a
zoning change from C-4 to RMF-16 for multi-family
housing.
C. R-90-23 : George L. Varnadoe of Young, van
Assenderp, Varnadoe & Benton, P.A. , representing
Olde Florida Golf Club of Naples; requesting a
zoning change from A-2MH to Golf Course.
VII . NEW BUSINESS
VIII. DISCUSSION OF ADDENDA
IX. ADJOURNMENT
X. WORKSHOP
A. Bald Eagle Protection Ordinance
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NOTES:
A. Notify PROJECT REVIEW SERVICES (Environmental Staff)
(643-8470) no later than 5 P.M. on Monday September 17,
1990, if you cannot attend this meeting or if you have
conflict and thus will abstain from voting on a
particular petition.
-2-
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.
********** *********** **********
*************************************************************
-3-
DEVELOPMENT SERVICES DEPARTMENT
PROJECT REVIEW SERVICES SECTION
MEMORANDUM
TO: EAC Members
FROM: Barbara S. Burgeson'7S
Environmental Specialist I
DATE: August 31, 1990
EAC Meeting September 19, 1990
RE: Gadaleta Driving Range
As was discussed during the August 15, 1990 EAC meeting,
staff has studied the original staff report and minutes for
R-87-31C and included copies for your review. Staff supports
the intent to protect the central oak habitat in its current
condition as a conservation area; with no clearing allowed
within the field approved boundaries.
The petitioner has supplied a site plan with several proposed
changes, which do not appear to be consistent to the approved
zoning amendment allowing a temporary driving range.
The petitioner would appreciate comments from the EAC.
However, any substantial change may require the petitioner to
re-apply for an amendment to the approved master plan. The
petitioner shall be responsible to coordinate the requirement
for an amendment with the Planning Services Section of the
Development Services Department.
Staff Report, Gadaleta
cc: EAC Binder
Eric D. Worsham, Chief Environmental Specialist (h..
Gadaleta File
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD.COUNCIL,COMMISSION.AUTHORITY.OR COMMITTI
-('urcQ,.(( ____"c" d ci E •A • L .
MAILING ADDRESS THE BOARD,COUNCIL.COMMISSION.AUTHORITY.OR COMMITTEE ON
/ WHICH I SERVE IS A UNIT OF:
3 5 S"F :k CfAAtt.'1Qg,. : CrtY ZCOUNTY '• OTHER LOCAL AGENCY
CITY J C'OUN'TY
NAME OF POLITICAL SUBDIVISION:
At( ES C o(( i
DATE ON WHICH VOIL OCCURRED MY POSITION IS: /
'(13 o ELECTIVE Y APPOINTIVE -
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected boarc
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presente
with a voting conflict of interest under Section 112.3143, Florida Statutes.The requirements of this law are mandatory; althoug
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law
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L _ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.1143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal,or other local public office MUST ABSTAIN from voting on a measure which inure
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In either case, you should disclose the conflict:
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WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordin
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A person holding appointive county, municipal, or other local public office NIUST ABSTAIN from voting on a measure whic
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to th
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A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but mus
disclose the nature of the conflict before making any attempt to influence the decision by oralor written communication, whethe
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICI-
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You should complete and file this form (before making any attempt to influence the decision) with the person responsible fo
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, t ()eke!, t 'dr-r' (( , hereby disclose that on At..., (S , 19_0
(a) A measure came or will come before my agency which (check one) `
inured to my special private gain; or
t/ inured to the special gain of Mt . LI4 Aa (e -f-a._ , by whom I am retainec
(b) The measure before my agency and the nature of my interest in the measure is as follows:
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINC
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 11
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM bB- 10.86r p•
MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL
DATE: July 18 , 1990
TIME: 8 : 45 A.M.
PLACE: 3rd Floor Boardroom, Building "F" , Collier County
Government Center, Naples, Florida
EAC STAFF PRESENT
Addison X Adair X
Neale X Burch X
Snyder X Lord X
Turrell X Lorenz X
Llano Exc. Polen X
Prynoski X
Scheff X
Worsham X
MINUTES BY: Harriet Beech
CALLED TO ORDER AT : 8 : 45 A.M. ADJOURNED: 10 : 50 A.M.
PRESIDING : Dr . James Snyder, Chairman
ADDENDA TO THE AGENDA: Mr . Bill Lorenz will speak on formation of
the Environmental Advisory Board under New Business.
APPROVAL OF MINUTES : No Minutes for approval . Mr . Jim Burch,
Chief Environmental Specialist , pointed out that a statement in
the April 18 , 1990 Minutes (approved by the EAC on May 16) con-
cerning power boat speed limits in high traffic areas was attri-
buted to him and that , in fact , it was made by Mr . Turrell . Mr .
Turrell agreed that was correct . The Minutes of April 18 , 1990
will be corrected.
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18 , 1990
ITEM: PROPOSED ADMINISTRATIVE APPROVAL
PETITION NO. : PDA 90-4
FILED BY/FOR: Asbell , Hains, Doyle and Pickworth, P.A. ,
representing Westinghouse Communities of
Naples, Inc.
REQUESTING: A PUD Language Amendment to Pelican Bay PUD.
REPRESENTED BY: Staff
COMMENTS: Consensus to concur with administrative appro-
val.
*****
PETITION NO. : PU-90-10
FILED BY/FOR: H & D Communications. Limited Partnership.
REQUESTING: A provisional use Section 8 . 10 of RMF-6 zoning
district for a communications tower .
REPRESENTED BY: Staff
COMMENTS: Consensus to concur with administrative
approval .
*****
PETITION NO. : PU-90-11
FILED BY/FOR: Consoer, Townsend and Associates, representing,
Collier County Utilities Division.
REQUESTING: A provisional use "b" of Section 8 . 10 for
water pumping.
REPRESENTED BY: Staff
COMMENTS: Consensus to concur with administrative
approval.
*****
PETITION NO. : R-90-21
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18 , 1990
FILED BY/FOR: Florida Urban Institute, Inc . repre-
senting the Salvation Army.
REQUESTING: A zoning change from RMF-6 and C-5 to PUD
for a Community Service Center .
REPRESENTED BY: Staff
COMMENTS: Consensus to concur with administrative
approval.
*****
PETITION NO. : R-90-19
FILED BY/FOR: Cummings and Lockwood, representing Astron
Development of Naples, Inc .
REQUESTING: A zoning change from Estates to PUD, "Astron
Plaza. "
REPRESENTED BY: Staff
COMMENTS: Consensus to concur with administrative
approval .
*****
PETITION NO. : R-90-24
FILED BY/FOR: Hole, Montes and Associates, Inc. , repre-
senting the Greek Orthodox Church of Naples
and Vicinity.
REQUESTING: A zoning change from A-2 to PUD, "Greek
Orthodox Church of Naples PUD"
REPRESENTED BY: Staff
COMMENTS: Consensus to concur with administrative approval.
*****
ITEM: PUBLIC HEARINGS
PETITION NO. : R-90-11
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18 , 1990
FILED BY/FOR: Hole, of Montes, and Associates, Inc. , repre-
senting Global Investors, Inc .
REQUESTING: A zoning change from RMF-6 and C-3 to RMF-12 .
REPRESENTED BY: John Lee, Hole, Montes and Associates, Inc .
COMMENTS: Mr. Lee said this is a rezone proposed for
Bluebill Avenue which is Immokalee Road west
of U. S . 41 , staff and the petitioner agree on
the stipulations, i .e. , preserving the oak
habitat , and will attempt to preserve the
habitat of the gopher tortoises to eliminate
the need for relocation.
Ms. Kimberly Polen said the majority of growth
on this site consists of scrub oak habitat
with rosemary, prickly pear cactus, wild pine,
blazing star and spike moss. Blazing star is
listed as endangered by the U. S . Fish and
Wildlife Service, and it is protected but left
up to owner of the property to relocate them,
she said. Gopher tortoise areas set aside,
she noted, and there are two large oak pre-
serve areas. Ms. Polen said it is stipulated
that he use rosemary and palmetto clusters in
the landscaped area, and staff is satisfied
with the stipulations. Dr . Snyder said he is
impressed with the amount of scrub habitat to
be retained on the site, and Mr . Addison men-
tioned that the lyetras should be moved by
relocating the bulbs and the time of year is
important for a successful transplant . There
were no speakers.
MOTION: Mr. Neale made a motion to recommend approval
subject to staff stipulations on Petition
R-90-11 , seconded by Mr. Addison and 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
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18 , 1990
Removal Permit) . The Preservation of
vegetation to be retained on site, as
indicated on the revised site plan (3/90) ,
shall include the following:
a. Two xeric-oak scrub preserves that
together comprise at least three
fourths (3/4) of an acre for gopher
tortoise habitat . [Prior to Final
Site Development Plan approval the
preserves shall be flagged by the
Petitioner and field verified by
County Environmental Staff . ]
b. Retention of existing native vegeta-
tion in the green space areas and
landscaping. Specifically, rosemary
and saw palmetto clusters shall be
utilized in landscaping.
c . Oaks with a four (4) inch or greater
diameter at breast height that cannot
be retained shall be incorporated into
open space or landscaping by
transplanting.
d. To minimize the impacts to the zeric-
oak scrub preserves, landscaped buf-
fers or fences shall be placed around
the preserves. Staff recommends the
following landscape plants: sand
pine, sand live oak, myrtle oak,
Chapman' s oak, turkey oak, saw
palmetto, rosemary, rusty lyonia,
stagger bush, hog plum and prickly
pear cactus. Any proposed pedestrian
traffic should be confined to mulched
pathways.
e. Dry retention areas be used for water
management to preserve as much of the
native habitat as possible.
3 . Prior to Final Site Development Plan
approval petitioner must submit documen-
tation of a current Florida Game and Fresh
Water Fish Commission Tortoise Relocation
Permit for on site gopher tortoise reloca-
tion to the designated scrub preserve
areas .
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18, 1990
4. Endangered and/or threatened plant species
in the construction area/clearing area
shall be transplanted to preserve areas
on-site prior to the commencement of
construction. These species include scrub
blazing star and woody vegetation con-
taining protected epiphytes.
5 . Petitioner shall be subject to the Collier
County Growth Management Plan -
Conservation and Coastal Management
Element Policy 12 . 1 . 3 (Discovery of an
Archaeological site or historical site,
artifact or other indicator of
preservation) .
PETITION NO. : R-90-17
FILED BY/FOR: Hole, Montes & Associates, Inc. , representing
John J. Nevins as Bishop of the Diocese of
Venice, a Corporation Sole.
REQUESTING: A zoning change from A-2 to PUD for church
facilities, "St . John the Evangelist Catholic
Church. "
REPRESENTED BY: John Lee, of Hole, Montes & Associates, Inc .
COMMENTS: Mr . Lee said this is a 14 acre tract adjacent
to North Naples Elementary School , west of
U.S . 41 on Bluebill Avenue. He said this tract
is unique in having large Quercus oak areas
which will be set aside for preserve areas, he
is in agreement with the stipulations set
forth. At the time of the Site Development
Plan a relocation plan for the gopher tor-
toises will be addressed, he noted. Mr . Lee
said the majority of the parking will be grass
parking to maintain some habitat for the tor-
toises, the retention area will be located to
the north, adjacent to the oak preserve areas
for a contiguous zone of undeveloped property.
Mr. Lee noted that to the west is the Naples
Memorial Gardens Cemetery, a large open space
area between this property and the school
yard.
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18 , 1990
Mr. Addison asked about the dip in the pre-
serve areas, why is that there? Mr . Lee said
that will be a playground area. Mr . Neale
asked about the plans for a school and Mr . Lee
explained they have included that use in the
PUD and it will be located in an existing
facility as contemplated on the master plan.
Mr . Neale asked about the parking on grass and
Mr . Lee said the areas near the chapel and
church will be paved, being used on a daily
basis, but the parking areas adjacent to the
school yard will be grass also. Mr. Neale
asked if staff would prefer to see pavers
there and Mr . Adair said it is not a problem
for staff . Dr. Snyder said that brick or
paver surfacing is almost as impervious as
concrete or blacktop. Mr. Adair stated staff
has no changes to the recommendations, basi-
cally staff approves of the project as con-
ditioned. There were no speakers.
MOTION: Mr. Neale moved, seconded by Mr. Turrell and
carried unanimously, to recommend approval of
Petition R-90-17, subject to staff stipulations.
STIPULATIONS:
1 . A minimum of 4 . 1 acres of zeric preserve
shall be designated and buffered from
adjacent buildings via a fence and/or a
native landscape hedge. Preserve areas
adjacent to the northern water retention
area will not require such a buffer,
although such native landscaping is
permissible.
2 . Pursuant to Goal 6, Objective 6 . 2 ,
Policies 6 . 2 . 2 , 6 . 2 . 7 , 6 . 2 . 9, 6. 2 . 13 and
6 . 2 . 14 of the Collier County Growth
Management Plan, Conservation and Coastal
Management Element, there shall be no
unacceptable net loss of viable naturally
functioning fresh water wetlands. In
accordance with these policies a minimum
of 0 . 9 acre of wetland mitigation shall be
performed within the two water retention
areas via the creation of littoral shelves
and the planting of appropriate wetland
species.
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18, 1990
3 . A wetland mitigation plan shall be sub-
mitted to Project Review Services and
reviewed, modified if necessary, and
approved prior to approval of the final
site development plant (SDP) and landscape
plan. The mitigation plan shall be
detailed in plan view and cross section on
the landscape plan. Installment of the
mitigation shall be completed prior to
issuance of the certificate of occupancy.
4. Language for the "General Development
Requirements" within the planned unit
development (PUD) document for "Retention
and Preserve Areas and Uses" shall read as
follows: Nature trails and picnic areas
are permissible subsequent to mulching the
area of intended use. No permanent struc-
ture of any type is permitted.
5 . Only the required amount of parking shall
be permitted for final site development
plan approval .
6 . A gopher tortoise retainment and/or relo-
cation plan approved by the Florida Game
and Fresh Water Fish Commission shall be
in-hand at the pre-construction meeting.
PETITION NO. : R-90-22
FILED BY/FOR: Killen Group, representing Dev-Tech
Corporation, A Florida Corporation.
REQUESTING: A zoning change from A-2 to C-4 .
REPRESENTED BY: Thomas Killen of the Killen Group.
COMMENTS: Mr. Killen, Architect, said the petition is to
correct a problem in zoning; the owner assumed
the entire tract of land was zoned C-4 and
they have since discovered that one piece of
the property is still zoned A-2 . They believe
an attorney or an engineer may have made an
error in the past , he said. The petitioner
intends to build a small office building on
the site, and there is a wooded section in
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18 , 1990
which, after the contractor has staked out the
site, the trees to be saved or moved will be
flagged, he noted. Mr. Killen explained that
the property has to be rezoned C-4 in total
in order for construction to begin.
Mr . Adair said staff had no concerns, that the
gopher tortoise site will be addressed in the
Site Development Plan and the petitioner will
be required to use scrub oaks and native spe-
cies in landscaping. Staff recommends appro-
val subject to staff stipulations. There were
no speakers .
MOTION: Mr. Addison moved, seconded by Mr. Neale and
carried unanimously, to recommend approval of
Petition R-90-22 subject to staff
stipulations.
STIPULATIONS:
1 . Parking in addition to the number of spa-
ces required by the Zoning Ordinance shall
not be permitted.
2 . Upon submittal of the site development
plan (SDP) a gopher tortoise survey shall
be completed according to the FGFWFC
"Wildlife Methodology Guidelines" , as well
as a retainment or relocation plan.
3 . All oaks greater than five (5) feet in
height shall be flagged and indicated on
the SDP. These oaks shall be either
retained or relocated on site to be cre-
dited towards required project
landscaping. Applicant shall use a tem-
porary irrigation system to enhance the
probability of survival for those
transplanted. It may be necessary to
purchase additional scrub oaks to complete
required project landscaping.
4 . Petitioner shall comply with Ordinance
Nos. 75-21 and 82-37 , and their amend-
ments, which address the tree removal per-
mit and the removal of exotic species
respectively.
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18, 1990
*****
PETITION NO. : PU-90-13
FILED BY/FOR: Asbell , Hains, Doyle & Pickworth, P.A. , repre-
senting Island Marina, Inc .
REQUESTING: A provisional use "b" of RT zoning for a
marina.
REPRESENTED BY: Donald A. Pickworth, of Asbell , Hains, Doyle &
Pickworth, P.A.
COMMENTS: Mr. Pickworth said the request is for a provi-
sional use for a marina with 80 boat slips, no
repair facilities, no fueling, no retail
sales, simply consisting of 80 slips available
to the public on a first come, first serve
basis with a very small snack bar and locker
storage area to serve the people who will
lease the slips. He explained the project had
been reviewed by the Planning Commission in
1988 as a companion item to a variance; the
County Commission turned down the variance,
and the petitioner never pursued the matter
further until recently. The project site is
commonly known as Shelter Island, he said, and
it is a disturbed site, having been a spoils
deposit area when Vanderbilt Beach Drive was
constructed. Mr. Pickworth said the project
has received Corps of Engineers and DER per-
mits and the staff of the Department of
Natural Resources has recommended the approval
by the Governor and Cabinet of a submerged
land lease. Before that can move forward, he
noted, local approval is necessary, and this
site meets the Comprehensive Plan criteria in
virtually all respects -- it is for public
use, the site is suitable and is an already
disturbed location. Mr. Pickworth added that
staff stipulations are agreed to by the peti-
tioner .
Dr . Snyder asked if all former stipulations
are included in this update and Mr. Adair said
a thorough job has been done in addressing
water quality, the site has been seawalled for
many years and protected species concerns have
been met . Mr. Turrell asked about dredging
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18 , 1990
for water depth and Mr. Adair said the chan-
nels are actually very deep with sharp drop-
offs.
Mr . Neale mentioned that some of the language
may have to be changed to conform with newer
phraseology and terminology and Mr . Adair said
since the ordinances are free-standing, staff
have not been addressing them in the paper-
work. He added that the language addresses
more species than manatees, and references
allude to no speed zones, no wake zones, etc .
Dr. Snyder mentioned that all points are
covered in this petition. He pointed out that
stipulations 1 , 2 , and 3 are boiler-plate
language, and Mr . Adair said that Stipulation
1 says all aspects of the previous plan will
be addressed, but are not limited to those.
Mr . Pickworth said that water quality must be
monitored using State standards, and that
petitioner and consultants have no problems
with the stipulations and water quality
requirements. There were no speakers.
MOTION: Mr. Neale moved, seconded by Mr. Turrell and
carried unanimously, to recommend approval of
Petition PU-90-13 subject to staff stipulations.
STIPULATIONS:
1 . 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 monitoring program and sediment
analysis plan which meets the requirements
of the FDER and which shall require
Collier County approval . All conditions
addressed and agreed to at the 8/17/88 EAC
meeting shall be implemented in any revi-
sion of the original water quality plan
documented by Keith Edwards on 8/12/88 in
a report directed to, and approved by the
EAC, and also approved by the Collier
County Planning Commission (CCPC) on
10/6/88 . Water quality shall be evaluated
using State water quality standards
(403 . 061 , F. S. ; 17-3 . 051 , 17-3 . 061 ,
17-3 . 11 , and 17-3 . 121 ) .
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ENVIRONMENTAL ADVISORY COUNCIL JULY 18, 1990
2 . Pursuant to the Growth Management Plan,
Goal 7, Objective 7 . 2 , Policies 7 . 2 . 1 ,
7 . 2 . 2 and 7 . 2 . 3 and Policy 11 . 1 . 5, peti-
tioner shall be subject to the Manatee
Protection Plan adopted by the County at
the time of final site development plan
(SDP) review. Petitioner shall also
adhere to the stipulation agreed to at the
8/17/88 EAC meeting and the 10/6/88 CCPC
meeting addressing protected species such
as the West Indian manatee and American
bald eagle. To further protect manatees a
no wake/idle speed zone shall be
established around the project site and
out to the Gulf of Mexico (reference FDER
permit 111000635) .
3 . Petitioner shall be subject to Ordinance
Nos. 82-37, as amended, and 89-57, which
address the removal of exotic species and
landscaping requirements respectively.
4 . Petitioner shall secure all necessary
State and Federal permits prior to the
commencement of construction.
*****
PETITION NO. : R-90-13/PU-90-06
FILED BY/FOR: Highway Pavers, Inc .
REQUESTING: A zoning change from A-1MH to A-2 and a provi-
sional use "b" of A-2 for earth mining.
REPRESENTED BY: Thomas E. Kuck, of Highway Pavers, Inc.
COMMENTS: Mr. Kuck said this provisional use zoning
change is for 190 acre site for an earth
mining activity. He said the petitioner has
no problems with the stipulations and recom-
mendations. Mr . Snyder asked if this was near
the Corkscrew swamp and Mr . Kuck said it was
1% miles west of the county fairground site on
43rd Avenue.
Mr. Adair commented that the petitioner has
addressed staff concerns regarding what will
Page 12
ENVIRONMENTAL ADVISORY COUNCIL JULY 18, 1990
happen after excavation is discontinued and
they will deed the land over for preservation
to another entity, such as offering option to
purchase to Audubon. Mr . Addison suggested
changing one stipulation to read the property
should be offered on an option to purchase one
year prior to a year after completion. Mr.
Adair mentioned that the residual will be
available for purchase by Big Cypress Basin if
they wish. The language in Stipulation 6 was
addressed to read that the invitation to
purchase shall be granted not less than one
year prior to excavation completion, and shall
not be for less than 180 days after completion
of the excavation. Mr . Kuck assured the board
that there will be no blasting on this
project .
MOTION: Mr. Neale moved, seconded by Mr. Turrell and
carried unanimously to recommend approval of
Petition R-90-13/PU-90-06 subject to staff stipula-
tions and with amended Stipulation *6 as noted
above.
STIPULATIONS:
1 . The berm and ditch system to be
constructed around the excavation prior to
mining shall be removed and returned to
natural grade upon "completion" of the
project . "Completion" shall be defined as
the termination of mining for any period
of six months or longer .
2 . Water quality monitoring shall begin six
(6) months prior to the removal of the
berm and ditch barrier surrounding the
excavation. Monitoring shall be done
monthly and shall include, but not be
limited to, pH, conductivity/salinity,
hardness, and chlorides. The monitoring
plan shall be reviewed, modified if
necessary, and approved by Project Review
Services prior to issuance of the excava-
tion permit . Monitoring data shall be
submitted monthly to Project Review
Services. At least two wells shall be
drilled as control sites for the water
quality monitoring. Should water quality
Page 13
ENVIRONMENTAL ADVISORY COUNCIL JULY 18 , 1990
within the excavation indicate deteriora-
tion, the excavation bond money shall be
held and the berm and ditch system remain
in place until water quality within the
quarry have been restored to ambient
conditions.
3 . The existing berm and ditch which runs in
a east-west direction along the northern
edge of the proposed excavation shall be
brought to natural grade prior to excava-
tion. The excavation permit shall not be
issued until this has been completed. A
tree survey shall be submitted to Project
Review Services indicating native trees of
twelve ( 12) inch diameter at breast height
(dbh) , or larger, along this berm and ditch
system. These trees are to be preserved
during the grading operation, unless
removal of the trees is deemed necessary
and is approved by Project Review
Services.
4. The petitioner shall submit a mitigation
plan for the excavation and the restora-
tion of all berms and ditches to graded to
natural elevation. These plans shall be
reviewed, modified if necessary, and
approved by Project Review Services prior
to issuance of the excavation permit .
Emphasis shall be placed on the creation
of fifty to one hundred foot (50 ' - 100 ' )
littoral shelves and the creation of
shallow ponds within these shelves to as
to concentrate fish as a food source for
wading birds and other wildlife.
Mitigation efforts shall be phased to
progress with the excavation. Mitigation
success shall be guaranteed by the holding
of excavation bond money.
5 . No blasting or dewatering is permitted
during the life of the excavation.
6. A minimum of fifty (50) acres of land
designated as "preserve" shall be deeded
to either the National Audubon Society or
the Department of Natural Resources
Page 14
ENVIRONMENTAL ADVISORY COUNCIL JULY 18, 1990
[Conservation and Recreation Lands (CARL)
Program] no later than one year after
"completion" of excavation, as "completion
is defined in Stipulation 1 . hereof . The
agency to whom the "preserve" area is
deeded shall be given an invitation to
purchase the remainder of the property by
the applicant . Said invitation to
purchase shall be granted not less than
one year prior to excavation completion,
but in no event later than one year after
completion of excavation; and the time
period for accepting the invitation and
entering into a contract shall not be
less than 120 days, and the invitation
shall provide that closing shall not occur
prior to the completion of excavation.
7 . An exotic removal plan for the preserve areas
shall be submitted and reviewed, modified
if necessary, and approved prior to
issuance of the excavation permit .
Removal of exotic species shall be per-
formed over the entire property, shall be
continued throughout the duration of the
project, and shall be monitored and con-
tinued up until the preserve areas are
deeded to either the National Audubon
Society or the CARL program (reference
Collier County Ordinance No. 82-37 as
amended by Ordinance No. 89-53 , removal
or exotic species) . Excavation bond
moneys will be held to guarantee that the
project property remains free of exotic
species up until the preserve areas are
deeded to the National Audubon Society or
the CARL program.
ITEM: NEW BUSINESS - Interim Policy for protection
of manatee until such time as a manatee pro-
tection plan is adopted by the Board of County
Commissioners.
COMMENTS: Barbara Prynoski , Project Review Services,
explained that the county has not met one of
the primary objectives of the Comprehensive
Plan, Objective 7 . 2 , which states that by
January 1 , 1990, manatee deaths shall not
exceed a five year average of eleven manatee
Page 15
ENVIRONMENTAL ADVISORY COUNCIL JULY 18, 1990
deaths annually. Ms. Prynoski said that Mr .
Burch is here because he has been working on a
protection plan and has the historical
perspective. She pointed out that in 1989
there were 19 manatee deaths in Collier County
and between January and October there were 17
deaths, seven of which were boat-related. In
1988, she said there were 13 deaths, 5 were
boat or barge-related. Ms. Prynoski noted
that manatees are slow reproducers and their
number are numbered at only 1 ,000 to 1 , 500 in
the entire state, and is asking for direction
if the county should adopt the interim state
policy of one power boat slip per 100 linear
shoreline feet as part of the permitting pro-
cedure. The state has asked that county agen-
cies adopt this interim policy in their local
review procedures, she noted.
She commented that staff suggests developing
standard stipulations for review of boat docks
and boat slip restrictions, speed restrictions
to be posted at docks and marinas, that per-
manent educational displays be established at
44, marinas and slips, and all petitioners to
develop precautions to be taken during
construction to educate workers, post the
telephone number to call if a manatee is
injured and so forth. These items, she con-
tinued, can be administrative procedures under
the Comprehensive Plan 7. 2 . 3 which says, "In
order to protect manatees, marinas shall be
discouraged and designated critical habitat
unless other protective measures are
provided. "
Ms. Prynoski said the U.S. Fish and Wildlife
Service defines critical manatee habitat in
Collier County as "all territorial waters
adjacent to the coastal islands and all con-
nected bays, rivers, estuaries near Naples
south to include areas as far south as Monroe
County, exclusive of manmade structures not
necessary for the survival of the species. "
She added that all seagrass beds have been
identified and mapped in the county, and are
important foraging areas for manatees .
Page 16
ENVIRONMENTAL ADVISORY COUNCIL JULY 18 , 1990
Ms. Prynoski said it is suggested to adopt
the DNR policy as an interim county policy,
and that this applies to five boat slips or
more so it will not affect private homesites.
Mr . John Madajewski said that staff needs
good, clear guidelines to apply protection
standards in growth management. Mr . Neale
asked if the state policy applied to dry
slips, wet slips, or both?
Mr. Jim Burch said he felt the state guideline
can be interpreted as either dry or wet . Mr.
Neale said this language is ambiguous and Mr .
Turrell mentioned that a situation with a con-
dominium complex with 300 people and only 3
boat slips can result in major problems. He
said that no counties in the state of Florida
have adopted it due to the ambiguity of
language which tends to keep marinas from
being constructed, and may conflict with
riparian rights of the private homeowner .
Mr . Neale said how does one define a power
boat slip, it would seem if there exists a
boat slip, then any kind of boat can be moored
there. Ms. Prynoski said perhaps the EAC can
suggest alternative protective measures
because the DNR says their policy need not be
adopted per se, but requests that the focus be
kept . Mr . Turrell said that speed zones for
boaters make sense and Mr. Neale said that the
educational process by marinas for boat slip
users is a good direction.
Mr . Turrell said that one boat per 100 feet
limitation will crush the whole plan due to
the public objections and possible litigation,
that educational directions are preferred
along with speed zones to protect the manatee.
Mr. Burch explained that the interim plan has
been approved by the Governor and Cabinet on
June 16 of this year, and the plan was passed
by Board resolution to limit boat speeds
throughout the county. Staff is currently
putting together a more comprehensive plan, to
include setting up Marina criteria, restric-
tive areas for boating in manatee habitats,
Page 17
ENVIRONMENTAL ADVISORY COUNCIL JULY 18, 1990
and staff should have a draft within a few
weeks. Future information on seagrass beds
can be obtained through remote imagery pro-
cesses for about 100 miles offshore and that
will be most helpful in developing parameters.
Mr . Turrell remarked that around the state
people are marking seagrass beds with educa-
tional signs and he is aware that every appli-
cation filed with the DNR is studied for
manatee protection; there are flyovers of
habitat and the county staff should not inter-
fere with that process. Mr. Madajewski said
staff wants to work with the state in order to
develop a standard stipulation language to
assure protection in the process.
Mr. Neale proposed that staff propose a stan-
dard language prior to the next EAC meeting so
that the Council can review and vote on it .
Mr . Turrell said that Indian River has the
best manatee protection plan and he suggested
that staff contact them for information, also
the Department of Marine Resources is a good
source.
Mr. Madajewski said the state ' s idea is to
reduce density in order to reduce boat-related
deaths of the mammals. Mr . Turrell said the
bottom line is how many boats will be allowed
in manatee habitat areas. Mr. Madajewski
acknowledged the direction from the Council
and said staff will follow through on the
suggestions received.
ITEM: UPDATE ON FORMATION OF THE ENVIRONMENTAL
ADVISORY BOARD
Mr. Bill Lorenz, Environmental Services
Administrator, discussed the latest draft
under review by the County Attorney' s office
this week. He said the draft incorporates the
comments received from the Board of County
Commissioners in March of this year when the
Board gave direction to incorporate respon-
sibilities and the scope of abilities to hear
project reviews on an appeal basis. Mr.
Lorenz explained further that if staff and the
applicant were in agreement on stipulations
Page 18
ENVIRONMENTAL ADVISORY COUNCIL JULY 18 , 1990
v-�
and recommendations, then the Environmental
Advisory Board will not hear that project ; it
will proceed through the Collier County
Planning Commission and thence to the Board
of County Commissioners. However, he con-
tinued, if staff and the applicant are not in
agreement on an environmental matter, then the
Environmental Advisory Board will have the
responsibility to hear the environmental
aspect of the petition, and give recommen-
dations to the CCPC and the Board.
Mr. Madajewski said staff took the initiative
on this matter, discussed the concept with
engineers and the public and determined that
if the staff and applicant agree, the matter
will become a consent agenda item. Now, he
said, the Board is functioning as a board of
appeals and they need a forum in which to air
disputes.
Mr . Lorenz explained that the primary purpose
of the EAB will be to discuss policies, rules
and protection plans in detail and give direc-
tion to staff to create management plans and
ordinances, as well as serve as an appeal
board. He said that this proposed ordinance
will repeal Ordinance 74-50, Section 1 ( 1 . 05)
and amends Ordinance 77-66 in Section 10.
Mr. Lorenz said that staff is recommending the
board consist of seven members that have
expertise in environmental areas, ranging from
air quality, water management , solid waste,
wildlife protection and others. He noted that
terms will be staggered, and staff is recom-
mending the board meet once a month for land
use reviews, and then develop management
plans, regulations and guidelines, perhaps at
another meeting time. He concluded that the
new board can begin in October.
Mr . Turrell said that there should not be an
undue burden placed on staff to agree with the
petitioner and Mr. Madajewski said there is
not an undue burden, that staff administers
ordinances established by the county and
building a good relationship with petitioners
is a maturity factor for staff in this work.
Page 19
ENVIRONMENTAL ADVISORY COUNCIL JULY 18, 1990
To have such a board, he added, is a plus for
staff , the board will receive input from staff
and help create guidelines to ensure proper
administration of the ordinances. He added
that he has heard from staff nothing but
praise for the idea of resolving issues in an
open forum. Conversely, he noted that the EAB
can deal with situations where staff may not
be properly applying the rules and regula-
tions.
Mr. Turrell asked how one combines two boards
into one seven-member board, and Mr. Lorenz
said the two boards will be dissolved and any
citizen may apply to be on the EAB, staff will
also submit suggestions and the Board of
County Commissioners will appoint the members.
Mr . Neale commented that land projects by
nature are unique and sometimes cannot be
fitted into the ordinance as printed, but
boards like the Environmental Advisory Council
have served to clarify such situations and
allow for different interpretations. Mr.
Addison said that projects have come before
this Council and left better projects due to
the review by the Council members, and he
feels the county is losing something by
appointing a new board. He added that the
Florida environment is unique and new staff
coming in from northern areas need guidance in
order to avoid making serious mistakes.
Mr. Eric Worsham suggested placing this on the
EAC ' s agenda next month to address specific
things to be considered by the new board such
as mitigation requirements, so that staff can
obtain official EAC input in this matter, such
as a list of things that should be reviewed,
and suggested definitions. Mr. Turrell com-
mented that if a petition does not require EIS
and there is no controversy, then it will not
come before the EAB and more time can be
devoted to policy.
Mr . Lorenz said the issue is if the new board
will review land development petitions; at
this point , Mr. Lorenz has direction from the
BCC and the next step is to bring this to a
Page 20
ENVIRONMENTAL ADVISORY COUNCIL JULY 18, 1990
public hearing. Mr. Turrell asked staff to
make an extra effort to let the EAC members
and outside organizations be aware of this,
that EAC members should be individually
notified rather than reading about it in the
newspaper, so that they can specifically alert
organizations having an interest in the
matter .
Mr. Worsham said that the County Attorney' s
office asked him to state that all references
to the Comprehensive Plan in the draft
Ordinance were from the Coastal Zone
Management Element .
*****
There being no further business, the meeting was adjourned by
order of the Chair.
ENVIRONMENTAL ADVISORY COUNCIL
Dr . James Snyder, Chairman
Page 21
MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL
DATE: August 15 , 1990
TIME: 8 : 45 A.M .
PLACE: Third Floor Boardroom, Building "F" , Collier County
Government Center, Naples , Florida
EAC PRESENT STAFF PRESENT
DAVID ADDISON JOHN MADAJOWSKI
PATRICK NEALE ERIC WORSHAM
JAMES SNYDER KIMBERLY POLEN
TODD TURRELL, BARBARA BURGESON
BARBARA PRYNOSKI
MINUTES BY: Sabrina C . Cheaney-Farrell , Court Reporter
CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 12 : 30 P.M.
PRESIDING: Dr. James Snyder, Chairman
ADDENDA TO THE AGENDA: None .
APPROVAL OF MINUTES : No previous minutes presented.
Page 1
ENVIRONMENTAL_ADVISORY COUNCIL AUGUST 25 , 1990
PETITION NO: PDA-90-7
REQUESTING: A PUD amendment to the "Vineyards PUD" to modify
internal road alignment and layout of the golf
course .
COMMENTS : To be approved administratively.
*****
PETITION NO: PDA-90-9
REQUESTING: A PUD Amendment to "The Retreat at Naples PUD" to
allow and employee child care facility.
COMMENTS : To be approved administratively.
*****
ITEM: PROPOSED MANATEE PROTECTION STIPULATIONS
COMMENTS : Mr. Neale wondered about putting a little more
emphasis on the post construction segment and also
suggested making Sections 3 , 4 and 5 more
specific .
*****
REHEARING ON PETITION NO: PDA-89-6
FILEDBY/FOR: Gadeleta
REPRESENTED BY: Dr . Neno Spagna
COMMENTS : Environmental Specialist Prynoski stated that this
particular Petition was previously assigned to
EAC and was approved by the CCPC and the Board.
Ms . Prynoski stated that work had begun on the
project and there are matters that were not
addressed during the FDP process . She stated that
the Staff had read through the old EAC reports ,
PUD and PDA and that the Staff supports the
original EAC decision and intent on the Gadeleta
PUD.
Page 2
ENVIRONMENTAL ADVISORY COUNCIL AUGUST 15 , 1990
Dr. Spagna reviewed development of the project
starting in 1986 when the Board approved a
Petition for the Gadeletas to build approximately
100 apartment units on the property. In 1988
there were approximately ten more acres of land
added to the original property. The Petitioner
then. came back in a second time and had this ten
acres added to the original property.
The Gadeleta' s agreed that they would not commence
construction on the property- until such time as
the County provided water, possibly in a year.
After speaking with the County Utilities people ,
it then became obvious that water would not be
provided within a foreseeable span of time .
The Gadeleta' s then returned before the Board of
County Commissioners and requested to use the
property temporarily as a golf driving range .
When the Agreement for the temporary golf driving
range was prepared and signed, it included a lot
of the stipulations that also pertained to the
development of the property in the condominiums .
One of the stipulations in particular was that at
such time as a. temporary golf driving range
ceased to be used , and it reverted back to
development for condominiums , we would live up to
all of the conditions which we had agreed to when
we received permission for the condominiums .
Mr . Spagna prepared a letter for the EAC setting
forth the conflicts in the Agreement which was
entered into . There are conflicts regarding the
removal of vegetation.
The vegetation at present would obstruct the view
of the golf ball in flight . Dr. Spagna feels that
this vegetation needs to be removed within reason.
Scrub oaks larger than four inch diameter would
not be removed . Grasses would not be removed.
Mr. Gadeleta wants to selectively remove the scrub
oaks , soft palmettos , and slash pines in the area.
Mr . Gadeleta is perfectly willing to move the
vegetation to some other location on the site per
Staff ' s recommendation.
Page 3
ENVIRONMENTAL ADVISORY COUNCIL AUGUST 15 , 1990
Dr. Spagna wants to work with Staff to develop
this property. Dr . Spagna wants to preserve as
much as possible , but be allowed to use the golf
driving range as it was intended.
Mr . Neale would like to hear Staff ' s
recommendation on what is a permitted removal of
scrub oak in this location. This is the third
time we have revisited this topic . I thought we
had an agreement the second time we saw this
subject . I would like to hear some feedback from
Staff on where we stand .
Ms . Burgeson stated that the Gadeleta' s were
permitted to remove scrub oak less than four
inches outside of the two preserve areas . The
oaks four inches and greater were surveyed out on
the site and preserved. The habitat in those two
preserve areas , according to the PUD, is to remain
in its current condition and not to be cleared.
Mr. Neale stated that the language is clear,
"Unless agreed upon by Collier County
Environmental Staff" . They didn' t agree . That
means you cannot remove the scrub oak. To me ,
that kind of ends the discussion.
Mr . Paulich shows the Board some photographs taken
from the tee area going out into the driving
zones . The Board ' s language states , "That will
allow in flight visibility. " Mr. Paulich states
that from the photographs you can see that you are
driving into woods . Mr. Paulich also discusses
the safety factor of allowing the trees to remain
in their present location.
Dr. Spagna reiterates his request to sit down with
Staff and work out an agreement regarding the
vegetation.
Ms . Burgeson brings to the Board ' s attention
Stipulations 9 and 10 from the original EAC
meeting .
The Board, Staff , and Dr. Spagna review the site
plans . Mr. Neale states that there are some
inconsistencies regarding the preserve areas .
Page 4
ENVIRONMENTAL ADVISORY COUNCIL __._. AUGUST 15 , 1990
Mr. Neale states that he would hate to see this
matter continued again, but it would be best for
the project .
Mr . Worsham states that to remove the trees ,
procedurally , you would need an amended SDP since
the original site development plan had the tree
survey incorporated in it . They would have to
amend it and resubmit it . The number of trees
that they wanted to remove would have to be
deleted. They would have to propose replanting
elsewhere or whatever mitigative measures . And it
would also require a red-caucaded-woodpecker
survey .
Mr . Addison stated that the Board cannot overturn
the Ordinance and that there would have to be a
legal opinion of the County as to whether or not
we can overturn the commission.
Dr . Snyder states that the issue will be tabled.
Dr•. Spagna states that he will continue to work
with Staff and hopefully one day this will be
resolved .
*****
ITEM: PUBLIC HEARINGS .
PETITION NO: ST-90-2
FILED BYLFOR: Dale Beatty, representing Jean Ferrone and William
Van Arsdale .
REQUESTING: An ST permit to construct a single family
residence on Key Island.
REPRESENTED BY: Dale Beatty.
COMMENTS : Mr . Beatty stated that this was for a fish-camp
house to be located 150 to 200 feet from the
inland waterway. The house has an inside
dimension of 992 and a half square feet of usable
space , not including interior walls with a large
porch around it to be cantilevered.
Page 5
•
ENVIRONMENTAL ADVISORY COUNCIL AUGUST 15 , 1990
Mr . Beatty further stated that all of the exotics
have been cleared from the site . He also plans to
reseed the areas where the Australian pines were
located . No hardwoods have been removed. He
plans to keep all clearing to a minimum as he is
conservation minded .
Mr . Worsham stated that the operative fish-camp
definition that the applicant has agreed to does
not include the use of a septic tank. Mr. Worsham
is still working with HRS regarding the site
development .
Mr. Worsham also added that the exotic removal be
tied to the CO of the structure which is a policy
they are trying to adopt and that the bare areas
be reseeded.
Mr. Beatty stated that he had no problem with
reseeding the area, but that they be allowed to do
it at the beginning of the rainey season. This
was confirmed by Mr. Worsham but warned that there
may be a bond involved .
Staff and the Board discussed the cantilevering
porch. Mr . Mada,iewski stated that if additional
clearing outside of the 1 , 000 square foot envelope
is required for the porch, then the porch should
not be considered .
STIPULATIONS :
1 . All exotics shall be removed prior to issuance of
certificate of occupancy and the bare areas shall
be reseeded with native coastal scrub plants .
Suitable species will be provided by County
Staff .
2 . If the certificate of occupancy is required prior
to the appropriate planting season, Petitioner
will provide security to assure compliance .
3 . Prior to issuance of certificate occupancy, all
exotic plants per the County Ordinance shall be
removed .
Page 6
ENVIRONMENTAL ADVISORY COUNCIL AUGUST 15 , 1990
MOTION: Made by Mr. Neale to approve ST-90-2 with the
recommended Staff stipulations plus the additional
stipulations as proposed. Seconded by Mr. Snyder.
Carried unanimously.
*****
PETITION NO: R-89-19
FILED _ BY/FOR: 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" .
REPRESENTED BY: Mr . Robert L. Duane , AICP of Hole , Montes and
Associates , Inc .
COMMENTS : Mr . Duane stated that they are generally in II
agreement with the recommendations set forth in
the Staff recommendations . The site is a 46 acre
project located on the south side of Immokalee
Road . Mr. Duane further described the landscape
of the site .
Mr . Duane stated that they are opposed to
platting all the preserve areas on the plat and to
provide in effect restrictive covenants that
govern the future use or preservation of those
tracts . We have indicated on our PUD master plan
that those are preserve areas that we recognize
when we come in with out site development plan,
that that site development plan has to be
consistent with the PUD master plan. He feels
that that meets the intent of the ordinance .
Mr . Geza Wass de Czege gave a brief overview of
the landscape and species of the site .
Ms . Polen stated that there are 80 percent uplands
and 20 percent wetlands on the site . The South
Florida Water Management District and the U. S .
Army Corps of Engineers were out on the site , and
6 . 3 acres of wetlands were identified on the site .
She also gave a brief history of the project .
Ms . Polen also stated that Staff believes that the
preservation of mature pine habitat has been found
n to be the most positive conservation measure for
maintaining the species . Therefore , we are
Page / 7
ENVIRONMENTAL ADVISORY COUNCIL AUGUST 15 , 1990
allowing the Petitioner to mitigate for upland
compensation. There is some extra to be accounted
for. And what we ' re recommending is trying to
preserve the red-caucaded-woodpecker upland
habitat by platting those areas out .
Mr . Duane suggested that the wording for Number 4
be changed to , "At the time of site plan approval
all preserves , uplands , and wetlands shall so be
indicated on the final site development plan in
accordance with the approved master plan. "
Mr . Duane further stated that it was their intent
to more than exceed the 25 percent requirement
which is the preservation of native preservation.
And that they can more than meet the three to one
mitigation requirement of preservation of uplands .
But to record all those at the plat prior to doing
detailed site planning , I don' t believe that ' s the
intent of the ordinance .
Mr . Neale stated that the Board would like to see
some sort of recordation on the plat issue . I
don' t think the Staff will be unreasonable on
that . We want to make sure the areas are
established as opposed to being an SDP which can
be easily amended at any time .
Dr . Snyder made some comments regarding the red-
caucaded-woodpecker habitat .
Mr . Addison inquired about the cutting down of
cavity trees .
Mr. Wass de Czege stated that that issue was still
under investigation .
Mr . Mada.jewski stated that the zoning and
enforcement are two separate issues . The zoning
only allows them a use and intensity. We have
worded it so that there will be no development
order approvals for the project until the legal
issues are taken care of .
Mr . Duane stated that the burden was on them to
come back and do more detailed studies , to invite
the Fish and Game Commission to develop a
/1 management plan for the property that all the
interested parties can agree on. From that point
Page 8
ENVIRONMENTAL ADVISORY COUNCIL AUGUST 15 , 1990
we can then file a preliminary subdivision plan.
Then we go to the platting process , we identify
the preserve areas , then we may apply for site
development approval .
MOTION: Made by Mr. Neale to approve subject to the Staff
recommended stipulations . Seconded by Dr. Snyder.
Carried unanimously.
*****
PETITION NO: R-90-18
FILEDBY/_FOR: Robert L . Duane , AICP of Hole, Montes and
Associates , Inc . , representing Francis D. Hussey.
REQUESTIN._G: A zoning change from C-4 to PUD, "Meadow Brook
Estates" .
REPRESENTED BY : Mr . Robert L . Duane , AICP of Hole , Montes and
----------------------
Associates , Inc .
COMMENTS : Mr . Duane stated that he was in agreement with the
recommendations of Staff .
Mr . Duane gave a brief history of the site . He
stated that they wanted to preserve the site and
the endangered species on the site . There are a
number of preserve areas on the site .
Mr . Wass de Czege gave a brief description of the
landscape and species located on the site .
Ms . Prynoski stated that she agreed with the
description Mr . Wass de Czege gave .
MOTI.ON: Made by Mr. Turrell that the Board recommend
approval of this Petition with Staff' s
stipulations as designated. Seconded by Mr.
Addison. Carried unanimously.
*****
Page 9
e\
ENVIRONMENTAL ADVISORY COUNCIL AUGUST 15 , 1990
There being no further business , the meeting was
adjourned by Order of the Chair.
ENVIRONMENTAL ADVISORY COMMITTEE
Dr. James Snyder, Chairman
Page 10
—
DEVELOPMENT SERVICES DEPARTMENT
PROJECT REVIEW SERVICES SECTION
MEMORANDUM
TO: EAC Members
FROM: Eric D. Worsham I P LA-)
Chief Environmental Specialist
DATE: September 7, 1990
RE: Addenda to EAC Meeting 9/19/90 Agenda
Please add petition PDA-90-6 to the 9/19/90 EAC agenda as a
proposed administrative approval. The petition was received
for review after the September agenda packets were prepared.
This petition appears to have no environmental issues
associated with it.
EDW/ew90-335
cc: EAC Binder
Chrono File
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: PDA-90-6: William R. Vines, AICP of Vines &
Associates, Inc. , representing Longshore Lake
Foundation, Inc. ; requesting a PUD Amendment to
Longshore Lake PUD.
Considerations:
Petitioner proposes a PUD amendment to modify the required
sidewalk installation pattern to decrease the number of
sidewalks.
Environmental staff has no objections to PDA-90-6 as
proposed.
Recommendations:
Staff recommends administrative approval of petition
PDA-90-6.
PREPARED BY: 7 t a 14 �� , n ?c, DATE: 9/6/9C
BARBARA N. PRYNOSKI
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: &'....A.ji(,U TE: ? A /?o
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
c
REVIEWED BY: DATE: / �' . I / /6
JOHN F. MADAJEWSKI, P.E.
PROJECT REVIEW SERVICES AGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: PU-89-23 : Joe Cucuzza of Bosserman Engineering,
representing Josue Rincon, Pastor of Bethel
Assembly of God Inc. ; requesting a provisional use
"3a" of RMF-6 for church expansion.
Considerations:
The site is situated in Section 4, Township 47 South, Range
29 East on the south side of West Main Street, approximately
450 feet west of White Way, Immokalee, Florida. Elevation is
30. 6. The lot is a 4. 79 acre rectangular parcel. To the
north is West Main Street, to the east and south are
disturbed pine woods and to the west is pasture.
Petitioner proposes a provisional use for a church. The site
was reviewed and approved with stipulations by the
Environmental Advisory Council on 8/5/87 (PU-87-15C) . The
petition was approved by the Board of County Commissioners.
The site plan has been revised. Parking has been reduced
from 228 spaces to 162 spaces much of which will be grass and
no future expansion is shown on the current site plan (as was
shown on the old) .
A description of the vegetation on the site is provided in
the text of the EAC Natural Resources Management Department
8/5/87 staff report (attachment) . The current tree survey
submitted by the petitioner indicated large dbh (up to 20"
dbh) pines with occasional oaks.
The most significant environmental features are the mature
slash pines and the occasional oaks.
Recommendations:
Staff recommends administrative approval of petition PU-89-23
subject to the following stipulations:
1. Petitioner shall retain all native trees not in the
construction envelope. Existing trees shall be used in
landscaping, especially in area(s) of grassed parking.
All oak trees in the line of construction shall be
transplanted on site, if field adjustments cannot
preserve the trees in their current locations.
2 . The petitioner shall be subject to all environmental
ordinances in effect at the time of development order
approvals.
Staff Report PU-89-23
EAC Meeting 9/19/90
Page 2
3 . Provisional use approval shall not absolve the applicant
from supplying necessary information as required for
subsequent site plan approval (i.e. protected species
surveys, etc. ) .
PREPARED BY: • , ,DATE:
BARBARA N. PRYNOSKI
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: 7 .�• '�- i DATE: '� �-
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: ,L4 . ' •' ,r I DATE: S(3///b
,JOHN F. iji,AJEWSKI, P.E.
PROJECT RE'IEW SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/18/1990
Petition: PU-90-15: Steve Ball of Agnoli, Barber and
Brundage, Inc. , representing Collier Development
Corporation; requesting a provisional use "b" of
A-2 zoning for lake excavation.
Considerations:
The site is located in Section 22, Township 48 South, Range
25 East, approximately 600 feet north of S. R. 846 and 500
feet east of U. S. 41 from the point of intersection.
Provisional use for a lake excavation on A-2 zoned property
is proposed. The proposed commercial lake excavation area is
on property that is part of the Collier Tract 22 DRI. The
Collier Development Corporation may request approval without
DRI considerations, providing that Preliminary Development
Approval (PDA) which includes the excavation proposed in
PU-90-15 as stipulated, is obtained from Department of
Community Affairs (DCA) .
The proposed water management lake is an extension of an
existing lake in the Sand Ridge PUD. The PU-90-15 site plan
indicates the lake excavation outside the boundaries of the
Sand Ridge Shopping Center PUD. The boundaries of the Sand
Ridge Shopping Center PUD have been expanded, thereby
situating the lake partially within its boundaries. Reader is
referred to packet; site map (7-18-90) and vegetation map
(7-18-90) . The purpose of the lake is to provide required
additional off-site storage for the Sand Ridge Shopping
Center PUD presently under site plan review.
Two inactive gopher tortoise (Gopherus polyphemus) , a
protected species, burrows were located in the area of the
proposed lake excavation.
Recommendations:
Staff recommends approval of petition PU-90-15 subject to the
following stipulations:
1. Petitioner shall submit a mitigation plan for the impacts
to the wetland vegetation surrounding and within the
existing lake. Plans shall be reviewed, modified if
necessary, and approved by Project Review Services
Environmental Staff, prior to the issuance of an
excavation permit. Mitigation shall be at a ratio of 1. 5
to 1. Emphasis shall be on the creation of littoral
shelves with side slopes 6: 1 or greater side slopes.
Staff Report PU-90-15
EAC Meeting 9/19/90
Page 2
2 . Prior to the issuance of an excavation permit, petitioner
shall submit written documentation from Florida Game and
Freshwater Fish Commission that the wildlife survey, in
the proposed excavation area, is accepted and approved.
3 . Preliminary Development Agreement, which includes the
excavation proposed in PU-90-15 as stipulated, shall be
obtained from the Department of Community Affairs prior
to issuance of an excavation permit.
4. Excavation bonds shall be held for a period of at least
one (1) year after installation of mitigative plantings
to insure survivorship of eighty percent (80%) or greater
coverage.
5. No excavation permits shall be issued until revised plans
incorporating the approved Environmental Advisory
Council(EAC) stipulations for PU-90-15 are received and
approved by Collier County Project Review Services.
PREPARED BY: ) i< - /1, ` p c k<;:_ DATE:
BARBARA 'N.' PRYNOSKI
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: r,,V,,„ , , R ; .,,, ,DATE: 9/519O
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: *. i o DATE: 9 Ng'v
+ OHN F. MADA a SKI, P.E.
•ROJECT REVI SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: PU-90-20: Phil Lee, Trustee, representing Grace
Bible Church; requesting a provisional use "a" of
Estates zoning for a church.
Considerations:
The petitioner is requesting a provisional use to incorporate
an adjacent parcel of land and an existing structure; to be
used as a rectory for the church. The house and property
would be included in the overall church property; increasing
the total acreage to 7 . 27± acres.
The subject property has already been developed and the
petitioner has no plans for further development. There will
be no additional impact to the property and all exotics
on-site will be removed, which includes Brazilian pepper
(Schinus terebinthifolius) and Melaleuca (Melaleuca Spp. ) .
Recommendations:
In consideration of the proposed use and the fact that no
environmental concerns exist due to the proposal of no
further impact on the site, Staff recommends an
administrative approval of petition PU-90-20 subject to the
following conditions:
1. The applicant shall be subject to all environmental
ordinances in effect at the time of development order
approvals.
2 . Provisional use approval does not absolve the applicant
from supplying necessary information as required for
subsequent site plan approval (i.e. wildlife surveys,
etc. ) .
3 . Any future proposed expansions into the undeveloped
(naturally vegetated) portions of this parcel shall
require a separate provisional use approval.
PREPARED BY: % !,), Jt,1_ A i DATE: 7,/i9/9400BARBARA S. BURGESONfih
ENVIRONMENTAL SPECIALIST I
REVIEWED BY: � ) ATE: 8 /2 9AO
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: ,, j. . / DATE: 6'49 790
JOHN F. MA. JEWSKI, P.E.
PROJECT REVIEW SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: PU-90-21: Ervin Ross, representing East Naples
Baptist Church, Inc. ; requesting a provisional use
"a" of RMF-6 zoning for two educational buildings
to be accessory to a church.
Considerations:
The petitioner is requesting a provisional use of two
buildings as educational facilities and accessory structures
to the existing, adjacent church. There are two existing
structures on the property and the petitioner does not
propose further development or removal of existing
vegetation. There will not be any additional environmental
impacts to the site from this proposed provisional use.
Recommendations:
In consideration of the proposed use and the fact that no
environmental concerns exist due to the proposal of no
further impact on the site, Staff recommends administrative
approval of petition PU-90-21 subject to the following
stipulations:
1. The applicant shall be subject to all environmental
ordinances in effect at the time of development order
approvals.
2 . Provisional use approval does not absolve the applicant
from supplying necessary information as required for
subsequent site plan approval (i.e. wildlife surveys,
etc. ) .
3 . Any future proposed expansions into the undeveloped
(naturally vegetated) portions of this parcel shall
require a separate provisional use approval.
PREPARED BY: 1 /J. 4.4 aa-) DATE: d131/9 j
BARBARA S. B GESON
ENVIRONMENTAL SPECIALIST I
REVIEWED BY: ;,`�, 0... -7/14.4.--___ DATE: ,/' i /Q
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
i 1 . .
REVIEWED BY: ,) ' DATE: S4//fd
JOHN F. MADAJI'SKI, P.E.
i'ROJECT REVIE SERVICES MANAGER
DEVELOPMENT SERVICES DEPARTMENT
PROJECT REVIEW SERVICES SECTION
MEMORANDUM
TO: Bob Fahey, Director
Collier County Solid f7aste Department
FROM: Eric D. Worsham
Chief Environmental Specialist
DATE: September 6, 1990
RE: Environmental Advisory Council Meeting for 9/19/90
PU-90-16, Naples Landfill
PU-90-17, Marco Island Transfer Station
PU-90-18, Immokalee Landfill
PU-90-19, Carnestown Transfer Station
This is to advise that the above-referenced petitions will be
heard by the Environmental Advisory Council on Wednesday,
September 19, 1990, at 8:45 a.m. , in building "F" of the
Collier County Government Center, Naples, Florida.
I strongly urge you to attend because in the past the Council
asked that the hearing be continued when petitioners were not
present to answer relevant questions.
If you have any questions pertaining to the above, please
feel free to contact me at 643-8470.
EDW/ew-September EAC, notification letters
Enclosures EAC Agenda
Staff Reports
cc: Petition Files
Chrono File
DEVELOPMENT SERVICES DEPARTMENT
PROJECT REVIEW SERVICES SECTION
MEMORANDUM
TO: EAC Members
FROM: Eric D. Worsham
Chief Environmental Specialist
DATE: September 12 , 1990
RE: Petitions PU-90-17 & PU-90-16
The titles of the referenced petitions were reversed on the
staff reports and the agenda. Staff is sorry for the mix-up.
To clarify the situation, a revised agenda and staff reports
are being forwarded to you.
If you have any questions, please contact me at 643-8470.
EDW/ew90-339
Enclosures
cc: EAC Binder
Chrono File
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: PU-90-16: Bob Fahey of Collier County Solid
Waste Management; requesting a provisional use "b"
of Section 8 . 10 for essential services (Marco
Island Transfer Station) .
Considerations:
The County currently operates a refuse transfer station which
is located approximately one quarter (1/4) mile north of the
intersection of Elkcam Circle and Collier Blvd. adjacent to
the Marco Island water treatment plant. The entire site has
been previously cleared and contains a single large building.
The applicant is requesting to continue waste transfer
activities as they have been previously conducted on this
site.
Recommendations:
In consideration of the merits of this proposal, staff
recommends administrative approval of petition PU-90-16
subject to the following stipulations:
1. Any future proposed expansion of the facility shall
require a separate and additional "provisional Use"
approval.
2 . The petitioner shall, within one (1) year of the approval
of this petition, remove all prohibited exotic plant
species on the site and landscape the property to comply
with the landscape requirements of current zoning code.
PREPARED BY: L Ii • I/L1`d J,ne w- DATE: q/i i fo
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
s etREVIEWED BY: _ ' I . DATE: / /t' fv
OHN F. MADAJE'i' KI, P.E.
'ROJECT REVIEW SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: PU-90-17: Bob Fahey of Collier County Solid
Waste Management; requesting a provisional use "b"
of Section 8 . 10 for a resource recovery facility
(Naples Landfill) .
Considerations:
The petitioner is requesting a provisional use to have a
resource recovery facility located at the Naples Landfill.
The Naples Landfill has previously been cleared with the
exception of the cypress preserve areas near the south
boundary. The resource recovery activities requested in this
provisional use will not require removal of any trees and
will have no additional environmental impacts beyond the
existing landfill activities. The process associated with
the facility will take place in the proximity of the waste
cell being utilized at any given time.
The attached definitions were supplied by petitioner.
Recommendations:
In consideration of the necessity and required status of this
provisional use, and the fact there will be no additional
environmental impacts on the site, staff recommends
administrative approval of petition PU-90-17 subject to the
following stipulation:
1. Any future proposed expansion of the facility shall
require a separate and additional "provisional Use"
approval.
PREPARED BY: /� Z1�,czlcL d 6„44 -11DATE:
BARBARA S. BURGESON
ENVIRONMENTAL SPECIALIST I
r
REVIEWED BY: c(I..c_ 'D, 00.,0- DATE• 7/i/70
ERIC D. WORSHAM .
CHIEF ENVIRONMENTAL SPECIALIST
I /
REVIEWED BY: „A val. , DATE: ,//2-///d
11 OHN . MADA ij WSKI, P.E.
ROJECT REVI . SERVICES MANAGER
NEW DEFINITIONS
1. Transfer Station: A place for the reclaiming of
recycable materials by collecting, selling, receiving,
sorting, bailing and otherwise preparing these materials
for transfer or sale to a Resource Recovery Facility.
This activity does not include the reclaiming of any
scrap, salvage, second-hand building materials or other
construction site waste, junk automobiles, or
second-hand automotive parts.
2 . Resource Recovery Facility: A place where the materials
reclaimed at a Transfer Station, and in addition scrap,
salvage, second-hand building materials and other
construction site waste, are processed by cleaning,
shredding, chipping, griding, milling, crushing or other
similar processes to create the raw materials used by
industry for the production of a finished product.
These facilities may include the activities of a
Transfer Station. This activity does not include the
retail sale of processed materials such as occurs in
junk yards.
3 . Recycling: The recovery of useful materials from the
waste stream and re-introducing them into the production
stream via a three stage process of 1) reclaiming
materials; 2) processing reclaimed materials; and 3)
manufacturing products using reclaimed and processed
materials.
TRANSFER STATION DEFINITIONS
and
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: PU-90-18: Bob Fahey of Collier County Solid Waste
Management; requesting a provisional use "b" of
Section 8. 10 for a resource recovery facility
(Immokalee Landfill) .
Considerations:
The applicant proposes a Resource Recovery Facility which is
defined in the August 20, 1990 memorandum included in the
enclosed packet. The site is an existing landfill site
devoid of trees.
The Resource Recovery Facility is a consequence of the
mandatory recycling required by the Florida Department of
Environmental Regulation.
Recommendations:
Staff recommends administrative approval of petition PU-90-18
subject to the following stipulation.
1. Any future proposed expansion of the facility shall
require a separate and additional "provisional Use"
approval.
PREPARED BY: - a ,c�.
-��_ 1/7 ' ,///Se.,.(-DATE: .�' 4 :.JOU, (_1
BARBARA N. PRYNOSKI v
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: - DATE: s/f /70
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
1 ' r % / '
REVIEWED BY: I VI DATE: P/ jiha
OHN F. MADAJ i'SKI, P.E.
'ROJECT REVIE7 SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: PU-90-19: Bob Fahey of Collier County Solid
Waste Management; requesting a provisional use "b"
of Section 8 . 10 for transfer station (Carnestown
Transfer Station) .
Considerations:
The County currently operates a refuse transfer station which
is located approximately 3200 feet west of the intersection
of highways S. R. 29 and U. S. 41 near Carnestown, Collier
County, Florida. The portions of the site proposed for
future operations have been previously cleared and currently
contain one large building. The petitioner is requesting to
continue waste transfer activities as they have been
previously conducted on this site.
Recommendations:
In consideration of the merits of this proposal, staff
recommends administrative approval of petition PU-90-19
subject to the following stipulations:
1. Any future proposed expansion of the facility shall
require a separate and additional "provisional Use"
approval.
2 . The petitioner shall, within one (1) year of the approval
of this petition, remove all prohibited exotic plant
species on the site and landscape the property to comply
with the landscape requirements of the current zoning
code.
PREPARED BY: (�,1 ,_ ;, jCr,vyy tt,,,.,,,,DATE: g/3/ /70
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: 1 VI ' ' )( 'ATE: 73//9o
OHN . MADAJ ti-K I, P.E.
PROJECT REVIEW SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: PDA-90-8: Barbara Henderson Cawley of Wilson,
Miller, Barton & Peek, Inc. , representing Royal
Marco Developments; requesting a PUD language
amendment to the "Hideaway Beach PUD" .
Considerations:
The applicant is requesting an amendment to the Hideaway
Beach PUD to allow construction of duplexes within an area
previously designated for seven story structures. The
construction footprint of the duplexes would cover
approximately 3 .51 acres a reduction of 0. 68 acres from the
4 . 19 acre high-rise construction footprint.
Recommendations:
In consideration of the reduced construction footprint and
limited scope of this revision, staff recommends
administrative approval subject to the following
stipulations:
1. Applicant shall be subject to all the environmental
standards of ordinance 76-30, 80-81, 89-29 and any other
previous amendments to the PUD document.
2 . Approval of this amendment shall not absolve the
applicant from supplying necessary information as
required for subsequent site plan approval (i.e. wildlife
surveys, etc. ) .
PREPARED BY: z K vL / /?c,
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: lir 7Lj , /
, ' i.DATE: et3 j if0
4 •HN F. MADAJr SKI, P.E.
'ROJECT REVIE SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: R-88-23 , REVISED: Dr. Neno J. Spagna of Florida
Urban Institute, Inc. , representing Mrs. Joseph S.
Weinfeld and Lester and Mary E. Persky; requesting
a zoning change from A-2 (MH) to PUD for
multi-family entry level housing, "Trafford
Highland Estates" .
Considerations:
The site is situated on the northeast corner of the Lake
Trafford Road and Carson Road intersection. The subject site
is a 38 . 4 acre parcel, 1289 . 78 feet x 1298 . 7 feet, situated
in Section 32 , Township 46 South, Range 29 East, currently
vacant.
Multi-family affordable housing is proposed. This petition
had previously been reviewed and approved by the
Environmental Advisory Council on December 7, 1988 (see
attached minutes) . Petition R-88-23 was continued by the
— Board of County Commissioners on November 28, 1989 due to the
discovery of the Florida Scrub Jay (Aphelocoma coerulescens
coerulescens) , a species listed as threatened by Florida Game
and Freshwater Fish Commission (FGFWFC) and U. S. Fish and
Wildlife Service, on site by Kimberly Dryden, Biologist III,
of FGFWFC. Other protected species on site include gopher
tortoises (Gopherus polyphemus) and red cockaded woodpeckers
(Picoides borealis) . Gary Beardsley, biological consultant
of Tropical Environmental Consultants, observed two
red-cockaded woodpeckers (RCW) on site but no RCW cavity
trees were observed. Vegetative cover is delineated on the
PUD Conceptual Master Plan.
Petitioner is addressing the scrub jay/gopher tortoise issues
by preservation of an 11. 45 acre tract, labeled Parcel 6 on
the PUD Master Plan.
Recommendations:
Staff recommends approval of petition R-88-23 with the
following stipulations:
1. Parcel 6, being 11. 45 acres, running along the northern
portion of the property and occupying a portion of the
northeast quadrant as indicated on the Conceptual PUD
Master Plan, shall be identified by survey and designated
and preserved as a conservation easement or tract on the
Staff Report R-88-23 Revised
EAC Meeting 9/19/90
Page 2
plat document with protective covenants pursuant to
chapter 704 . 06 of the Florida Statutes. Parcel 6 may be
dedicated to a governmental agency for enforcement, a
non-profit entity for maintenance or to Collier County
for enforcement with no responsibility for maintenance.
2 . In the event platting is not required, Parcel 6 shall be
preserved as a separate recorded easement and indicated
as such on all future adjacent site plans submitted for
approval.
3 . A FGFWFC approved scrub jay management plan shall be
submitted to Collier County Project Review Services,
Environmental Staff, prior to final subdivision and/or
site development plan approval, as required by County
ordinance.
4 . Scrub oaks in areas outside of Parcel 6, in areas having
a FLUCCS code 4390 or 4391 shall be retained in place or
relocated to Parcel 6 and/or other open areas on site.
5. Scrub oak relocation into Parcel 6 shall be in such a
manner as to maintain the habitat for scrub jays.
6. Petitioner shall indicate locations of gopher tortoise
(Gopherus polyphemus) burrows, active and inactive, on
preliminary site plan submittal. Gopher tortoises shall
be retained on site. If relocation is proposed, it shall
be to on-site preserve areas and with documentation of
review and approval by the FGFWFC shall be provided to
Collier County Project Review Services, Environmental
Staff.
7. Petitioner shall submit documentation that he/she has
addressed the red cockaded woodpecker issue to the
satisfaction of the FGFWFC prior to final subdivision
and/or site development plan approval, as required by
County ordinance.
8. 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.
Staff Report R-88-23 Revised
EAC Meeting 9/19/90
Page 3
9. PUD approval does not absolve the applicant from
supplying necessary information as required for
subsequent subdivision and/or site plan approval (i.e.
wildlife surveys, etc. ) .
PREPARED BY: 8 ) <,�/lt4i„ DATE: ?/o/t/
BARBARA N. PRYNOSKI
ENVIRONMENTAL SPECIALIST II
REVIEWED BY: (tib DATE: 9 /w
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: I i - DATE: //,5-190
►'
OHN F. MADAI WSKI, P.E.
'PROJECT REVIEW SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: R-90-28: Kevin Coleman of Cummings & Lockwood,
representing William A. Gebhardt, Executive Vice
President of Security Savings Bank; requesting a
zoning change from C-4 to RMF-16 for multi-family
housing.
Considerations:
The site is situated on the south side of Bonita Beach Road,
approximately 0.85 miles west of the intersection of
Vanderbilt Drive and Bonita Beach Road. To the south, east
and west is Little Hickory Bay. Situated in Section 5,
Township 48 South, Range 25 East, the site is approximately
(records indicate different acreage) 2 . 9 acres and has a
special treatment (ST) overlay over a portion of the site
(see backup up material) . The ST overlay includes a . 4 acre
mangrove fringe. Other than the mangrove fringe, the site
has been cleared. A description of the vegetative species is
addressed in the environmental consultant's report (Southern
Biomes, EIS, July 18, 1990) . Discharge from the site will be
to Little Hickory Bay, a State Outstanding Water Body
(source: Hole, Montes & Associates, Inc. ) .
Two buildings containing forty-three (43) condominium units
are proposed, with associated parking, drives, recreation
area, and a storm water retention area.
Recommendations:
Staff recommends approval of petition R-90-28 subject to the
following stipulations:
1. Mangrove fringe shall be surveyed prior to final site
plan approval and designated as a conservation easement.
Protective covenants shall be according to Florida
Statute 704 . 06 (Conservation easements; creation;
acquisition; enforcement) . Final site plan shall
indicate mangrove fringe as a "Conservation Easement" and
indicate under "Notes" on site plan that the referenced
conservation easement is recorded in the Public Records
of Collier County.
2 . Mangrove area shall be protected from impacts during the
construction process. Petitioner shall submit
"protection plan" with preliminary site plan submittal.
Staff Report R-90-28
EAC Meeting 9/19/90
Page 2
3 . The location of the water management spillway shall be
determined during the Collier County site plan review
process. Spillway placement shall avoid impacts to
mangroves.
4 . The petitioner shall be subject to all environmental
ordinances in effect at the time of development order
approvals.
5. Rezone approval shall not absolve the applicant from
supplying necessary information as required for
subsequent site plan approval.
PREPARED BY: , DATE: < /`, 1C!
BARBARA N. PRYNOSKI
ENVIRONMENTAL SPECIALIST II
�2, � DATE: 1 /364.0
REVIEWED BY: cr.�vy
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: ,�/ V� / / / YDATE: g/.3/�JD
JOHN . MADT4 WSKI, P.E.
'ROJECT REVI ' SERVICES MANAGER
PROJECT REVIEW SERVICES
(Environmental Review)
STAFF REPORT
FOR EAC MEETING 9/19/1990
Petition: R-90-23 : George L. Varnadoe of Young, van
Assenderp, Varnadoe & Benton, P.A. , representing
Olde Florida Golf Club of Naples; requesting a
zoning change from A-2MH to Golf Course.
Considerations:
The proposed Olde Florida Golf Club contains 552 . 0 acres to
be rezoned from A-2MH Rural/Agricultural District to Golf
Course District (GC) . The proposed project is located
approximately two miles east of SR 951 and one mile south of
CR 846 (Immokalee Road) . Abutting properties are zoned A-2 ,
A-2MH and Estates, as indicated on the Topographic Aerial.
The Cypress Canal, which is part of the Golden Gate Canal
System, flows along the southern boundary of the subject
property.
This proposed development will consist of two private 18-hole
golf courses, club site, driving range, maintenance and
utilities facilities and a lake system designed within the
golf course for visual aesthetics and water management
purposes.
The location of the Olde Florida Golf Club is within the
Agricultural/Rural Designation which is outlined in the
Future Land Use Element of the Growth Management Plan and as
such cannot currently be rezoned for high density residential
development. Approximately forty-two percent (42%) of the
site consists of wetlands connected to the bird rookery
strand and which have been determined to be jurisdictional to
Collier County and the South Florida Water Management
District, (Attachment) . The applicant has not submitted a
specific site plan for approval but intends to design the
project around the aforementioned jurisdictional wetlands.
On August 2, 1990 a site visit of the subject property was
conducted by Kimberly Polen (Collier County Project Review
Services) accompanied by Tim Durham and Collins McKay
(Wilson, Miller, Barton & Peek, Inc. ) .
Approximately forty-two percent (42%) of the site or 233
acres contains County Jurisdictional Wetlands. There are
approximately ± 110 acres of cypress wetlands and ± 123 acres
of cypress/pine/cabbage palm wetlands. The remaining
fifty-eight percent (58%) of the site (±319 acres) contains
mostly upland habitats.
Staff Report R-90-23
EAC Meeting 9/19/90
Page 2
Recommendations:
In consideration of the facts that 1) no residential
development will be associated with this project and
therefore the project will not require development of road
systems, stormwater management facilities or utilities to the
standards required to support residential development and 2)
that the applicant intends to design the project around the
sites jurisdictional wetlands, staff recommends approval of
petition R-90-23 subject to the following stipulations:
1. The applicant shall be subject to all environmental
ordinances in effect at the time of development order
approvals.
2 . Rezone approval does not absolve the applicant from
supplying necessary information as required for
subsequent site plan approval (i.e. wildlife surveys,
etc. ) .
3 . The applicant shall supply all wildlife surveys and
information required by the Florida Game and Freshwater
Fish Commission (FGFWFC) prior to submission and approval
of the project's subdivision master plan and/or site
development plan.
4. Design of the golf course layout and associated structure
and infrastructure shall be adjusted to comply with the
requirements of the FGFWFC and which results from the
submittals required in stipulation #3 .
5. Design of the golf course layout and associated
structures and infrastructure shall not impact the
jurisdictional wetlands indicated in attachment #1 unless
all other non-impacting designs would prohibit
development of the minimum allowable use of the zoning
district or render the project unpermitable by local,
state or federal agencies.
6. Lake placement shall not impact the jurisdictional
wetlands indicated by attachment #1 unless the lake or
lakes are required by the South Florida Water Management
District to meet the minimium stormwater management
requirements of the current proposed impervius area and
cannot be located out of the wetlands for the reasons
indicated in stipulation #5.
Staff Report R-90-23
EAC Meeting 9/19/90
Page 3
7. All mitigation for impacted wetlands shall comply with
the ratios and requirements of appendix 7 of the South
Florida Water Management District rules and may consist
of wetland creation, upland compensation for wildlife
etc. , but in no case may mitigation be less than a 1: 1
area ratio.
8. Mitigation areas shall be designated as preserve areas on
all subsequent site plans and shall be recorded on the
plat and/or conservation easements as per the uses and
limitations of chapter 704 . 06 of the Florida Statutes.
9. Jurisdictional wetlands as indicted on attachment #1 and
modified by the approved subdivision master plan and/or
site development plan shall be created as preserve
easements or tracts subject to the uses and limitations
of chapter 704 . 06 of the Florida Statutes.
10. In the event the project does not require platting, all
jurisdictional wetlands shall be recorded as separate
easements in favor of Collier County with no
responsibility for maintenance and subject to the uses
and limitations of chapter 704 . 06 of the Florida
Statutes. The easements shall be indicated on all future
site plans as "preservation areas" with a note indicating
where the separate easements have been recorded.
11. Golf course maintenance facilities or any other areas
used for storage of hazardous materials shall be covered
and designed to contain one hundred ten percent (110%) of
the stored volume on an impervious surface.
PREPARED BY: ( f%t C y., DATE: 57 0
KIMBERLY J POLEN
ENVIRONMENTAL SPECIALIST II
/-5-1/40REVIEWED BY: Lj, t&J DATE: �j
ERIC D. WORSHAM
CHIEF ENVIRONMENTAL SPECIALIST
REVIEWED BY: /. DATE: Vg/f6
e
OHN F. MADAiEWSKI, P.E.
i'ROJECT REVI `W SERVICES MANAGER
1
PUBLIC WORKSHOP NOTICE
THE ENVIRONMENTAL ADVISORY COUNCIL (EAC) MEETING OF
SEPTEMBER 19, 1990, IS SCHEDULED TO BEGIN AT 8:45 A.M. , IN THE
COMMISSION MEETING CHAMBERS, ON THE 3RD FLOOR OF BUILDING F,
COUNTY GOVERNMENT CENTER. THE ESTIMATED TIME FOR THE PUBLIC
WORKSHOP ON THE BALD EAGLE PROTECTION ORDINANCE, AND AMENDMENT TO
ORDINANCE 75-21, IS 10: 00 A.M. , AS SEVERAL DEVELOPMENT PETITIONS
ARE SCHEDULED TO BE HEARD BY THE EAC BEFORE THE WORKSHOP.
EXECUTIVE SUMMARY
ENVIRONMENTAL SERVICES DIVISION REQUESTING AN AMENDMENT TO
ORDINANCE 75-21, THE TREE REMOVAL ORDINANCE, AMENDING SECTION
TWO, SUBSECTION ONE, PURPOSE AND INTENT, AND SUBSECTION SEVEN,
EXCEPTIONS, BY REQUIRING A TREE REMOVAL PERMIT FOR REMOVAL OF
TREES WITHIN "E-ST" AREAS.
OBJECTIVE: The purpose of this land development regulation is to
amend County Ordinance 75-21, The Tree Removal Ordinance, to
require a permit to remove trees from any property within an area
zoned "E-ST" , for protection of the County's bald eagle
population.
GROWTH MANAGEMENT IMPACTS: The proposed ordinance supports
Objective 7 . 3 , and supporting policies of the Conservation and
Coastal Management Element of the Growth Management Plan.
FISCAL IMPACT: Implementation of the proposed ordinance will
enhance net environmental benefit to the citizens of Collier
County. The cost of preparing and implementing this ordinance
will be considered as standard departmental operating costs.
RECOMMENDATION: Environmental Services Division, Natural
Resources Department recommends that the Environmental Advisory
Council recommend approval of the proposed ordinance and forward
this approval to the Board of County Commissioners.
PREPARED BY: 'IrA---N rDATE: 7`9/ii)Jes N. Burch, Chief Environmental Specialist
Natura A Resources,( Department
//42
REVIEWED BY: //((((( ( DATE: , L' �'.`
Stuart L. Santos, Ph.D. , Natural Resources Director
Natural Resources Department
ORDINANCE 90-
- AN ORDINANCE AMENDING ORDINANCE 75-21, AS
AMENDED, THE TREE REMOVAL ORDINANCE, BY
AMENDING SECTION TWO: SUBSECTION ONE,
SUBSECTION FOUR, PARAGRAPH C, AND SUBSECTION
SEVEN, PARAGRAPHS B, C, F, G, H, I.
EXCEPTIONS; BY PROVIDING FOR THE PRESERVATION
OF TREES IMPORTANT TO BALD EAGLE HABITAT IN
E-ST ZONES; BY PROVIDING CRITERIA FOR TREE
REMOVAL IN E-ST ZONES; BY PROVIDING FOR
CONFLICT AND SEVERABILITY; BY PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County, Florida, by Ordinance No. 89-05 has adopted a
comprehensive Growth Management Plan pursuant to Florida Statute
Chapter 161.3161; and
WHEREAS, Policy 7.3.3 in the Conservation and Coastal
Management Plan requires the preparation of management guidelines
for protected species, including the Southern Bald Eagle; and
WHEREAS, the Bald Eagle, (Haliaeetus leucocephalus) is the
symbol of the United States of America; and
WHEREAS, the Bald Eagle is listed as "Endangered" by the
United States Fish and Wildlife Service, and "Threatened" by the
Florida Game and Fresh Water Fish Commission; and
WHEREAS, the loss of suitable habitat is primarily
responsible for the overall decline in the North American Bald
Eagle Population; and
WHEREAS, Collier County now has a significant breeding
population of Bald Eagles; and
WHEREAS, many existing and potential sites for nesting of
Bald Eagles in Collier County are in areas that will be, or may
be, areas of residential or commercial development; and
WHEREAS, Habitat areas that are necessary for the survival
of the Bald Eagle are also natural resource areas that benefit
the residents and visitors of Collier County; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida, by Ordinance 90- , has adopted development standards
applicable to the E-ST overlay for Bald Eagle protection.
Words struek-through are deleted; words underlined are added.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The following phrases be added to Ordinance 75-21, as
amended, the Tree Removal Ordinance, Section Two:
Subsection 1. Purpose and Intent: The purpose of this
Ordinance is to protect trees within Collier County, to
assist in the control of flooding, soil erosion, dust, heat,
air pollution, and noise, to preserve important habitat for
the Bald Eagle, and to maintain property, esthetic, and
health values within Collier County.
Subsection 4. Permit Procedure:
C. Criteria for Removal of Protected Trees:
(6) To comply with other Codes including zoning,
subdivision regulations, health provisions, and other
environmental ordinances, including, but not limited
to, site specific requirements for land clearing in
areas zoned E-ST as outlined in Ordinance 82-2, The
County Zoning Code, and Ordinance 90- , The Bald
Eagle Protection Ordinance.
Subsection 7. Exceptions:
B. No permit shall be required for the removal of
protected trees on a parcel of land zoned for single
family residential use or being used as a legal
non-conforming single family residence where the
following conditions are applicable, unless said parcel
is within an E-ST zone for Bald Eagle protection:
1. The residence or proposed residence is located '
on a lot within a recorded subdivision or on a
parcel of land not more than 2-1/4 acres in area;
2. In the case of a lot upon which a residence is
already constructed, such removal is being done
by the owner-occupant of the residence, or the
renter or lessee with the owner's permission;
Words struck-threugh are deleted; words underlined are added.
3. In the case of a lot upon which a residence
has not been constructed, such removal is done
pursuant to, and after the issuance of, a
building permit for the construction of a
residence upon the lot or parcel.
C. No permit shall be required for the removal of
protected trees other than a specimen tree on a parcel
of land zoned for or being used for bona fide
agricultural purposes to include wood pulping and the
transplanting trees for landscaping, unless said parcel
is within an E-ST zone for Bald Eagle protection.
F. No permit or notice shall be required for the removal
of protected trees which have been destroyed, or damaged
beyond saving unless said trees are within an E-ST zone
for Bald Eagle protection, or which are a hazard as the
result of an Act of God and constitute an immediate
peril to life and property;
G. No permit shall be required for the removal of
protected trees other than a specimen tree by a
Communication Utility, Electrical Utility or Federal,
State, or County agency, Engineer or Surveyor, working
under a contract with such Federal, State, or County
agency, where such tree removal is done as a maintenance
or governmental function of such agency, unless said
trees are within an E-ST zone for Bald Eagle protection.
H. No permit shall be required for the removal of a
protected tree other than a specimen tree by a Florida
Registered Engineer or Florida Licensed Land Surveyor in
the performance of his duties, provided such removal is
for individual trees, unless said trees are within an
E-ST zone for Bald Eagle protection.
I. Removal of Dead Trees: A permit shall not be required
for the removal of dead trees, unless said trees are
within an E-ST zone for Bald Eagle protection, however,
Words struek-through are deleted; words underlined are added.
the prior approval of the Bireeter Community Development
Services Administrator or designee shall be obtained.
SECTION TWO: Conflict and Severability
In the event that this Ordinance conflicts with any other
Ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION THREE: Effective Date:
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary State.
ATTEST: BOARD OF COUNTY COMMISSIONERS
JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA
�•\ BY:
MAX A. HASSE, CHAIRMAN
Approved as to form and
legal sufficiency
COUNTY ATTORNEY
Words strnek-through are deleted; words underlined are added.
EXECUTIVE SUMMARY
ENVIRONMENTAL SERVICES DIVISION REQUESTING AN AMENDMENT TO THE
COLLIER COUNTY ZONING CODE, ORDINANCE 82-2, AMENDING SECTION 9. 1
"ST - SPECIAL TREATMENT OVERLAY DISTRICT" BY PROVIDING FOR A
DESIGNATION TO BE KNOWN AS BALD EAGLE PROTECTION - SPECIAL
TREATMENT (E-ST) ZONING OVERLAY, PROVIDING DEVELOPMENT STANDARDS
AND GUIDELINES, AND IDENTIFYING THOSE AREAS ON THE OFFICIAL
ZONING ATLAS.
OBJECTIVE:
The purpose of this land development regulation is to amend the
zoning ordinance to provide a Special Treatment (ST) zoning
overlay designation and consideration for the County's bald eagle
nest sites and important surrounding lands.
GROWTH MANAGEMENT IMPACTS:
The proposed ordinance supports Objective 7 . 3 , and supporting
policies, of the Conservation and Coastal Management Element of
the County Growth Management Plan.
FISCAL IMPACT:
Implementation of the proposed ordinance will enhance net
environmental benefit to the citizens of Collier County. The
cost of preparing and implementing this ordinance will be
considered as standard departmental operating costs.
RECOMMENDATIONS:
Environmental Services Division, Natural Resources Department
recommends that the Environmental Advisory Council review the
proposed ordinance, offer comment as appropriate, conduct a
public workshop to receive comment on the proposed ordinance, and
make a recommendation to the Board of County Commissioners,
concerning the proposed ordinance.
PREPARED BY: DATE:
James N. Burch, Chief Environmental Specialist
Natural Resour es Department
REVIEWED BY: DATE:
Stuart L. Santos, Ph.D. , Natural Resources Director
Natural Resources Department
DRAFT
August 15, 1990
ORDINANCE 90-
AN ORDINANCE AMENDING ORDINANCE NO. 82-2, THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY; BY AMENDING
SECTION 9.1 "ST" SPECIAL TREATMENT OVERLAY
DISTRICT; BY PROVIDING ORTHOGRAPHIC CORRECTION TO
SPECIES NAMES; PROVIDING FOR AN AREA OF
ENVIRONMENTAL CONCERN FOR AREAS SURROUNDING BALD
EAGLE NESTS (E-ST) ; BY AMENDING THE ZONING ATLAS
TO IDENTIFY THE E-ST OVERLAY; BY PROVIDING
DEVELOPMENT STANDARDS APPLICABLE TO THE E-ST
OVERLAY; PROVIDING FOR VARIANCE PROCEDURE;
PROVIDING FOR PENALTY; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County, Florida, by Ordinance No. 89-05 has adopted a
comprehensive Growth Management Plan pursuant to Florida Statute
Chapter 161.3161; and
WHEREAS, Policy 7.3.3 in the Conservation and Coastal
Management Plan requires the preparation of management guidelines
for protected species, including the Southern Bald Eagle; and
WHEREAS, the Bald Eagle, (Haliaeetus leucocephalus) is the
symbol of the United States of America; and
WHEREAS, the Bald Eagle is listed as "Endangered" by the
United States Fish and Wildlife Service, and "Threatened" by the
Florida Game and Fresh Water Fish Commission; and
WHEREAS, the loss of suitable habitat is primarily
responsible for the overall decline in the North American Bald
Eagle Population; and
WHEREAS, Collier County now has a significant breeding
population of Bald Eagles; and
WHEREAS, many existing and potential sites for nesting of
Bald Eagles in Collier County are in areas that will be, or may
be, areas of residential or commercial development; and
WHEREAS, Habitat areas that are necessary for the survival
of the Bald Eagle are also natural resource areas that benefit
the residents and visitors of Collier County;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
tTh Words struck-through are deleted; words underlined are added.
Note: [] = Editorial comments/not intended for final copy
-1-
DRAFT
August 15, 1990
SECTION ONE: PURPOSE, SCOPE, AND SHORT TITLE:
1. The purpose of this Ordinance is to protect Collier
County's indigenous Bald Eagle population, by
protecting the habitats that are necessary for the
•
Bald Eagle's survival, from various activities
that are associated with land development.
2. This Ordinance shall be referred to as the "Bald
Eagle Protection Ordinance".
SECTION TWO:
DEFINITIONS
Abandoned: means a nest, nest site, or nest tree, that has not
been used by bald eagles for the previous five-year period.
Active: means a nest, nest site, or nest tree, that is currently
being used by, or that has been used by bald eagles at any time
within the previous five year period.
Development: means the act, process, or result of placing
buildings and/or structures on a lot or parcel of land or
clearing and/or filling of land [per Growth Management Plan
Definition] .
Known and documented: means listed by local, State, or federal
agency or qualified biologist (i.e. environmental consultant) .
Natural: A condition whereby a segment of the environment has not
been altered by man-made activities.
Nest: means a structural mass of sticks, twigs, leaves, mosses,
and/or other materials which is being occupied or has been
occupied by the bald eagle for the hatching and rearing of young.
For the purposes of this document, this definition shall be
limited to "active" nests only (See definition of "active") .
Words strttek-through are deleted; words underlined are added.
Note: [] = Editorial comments/not intended for final copy
-2-
DRAFT
August 15, 1990
Nest Site: means a site that is attractive and suitable to bald
eagles for nesting purposes, including the nest tree and
surrounding habitat. For the purposes of this document, this
definition shall be limited to "active" nest sites only.
Nest Tree: means a tree that contains or has contained a bald
eagle nest. For the purposes of this document, this shall include
"active" nest trees only.
Nesting Season: means the period of time between October 1 and
May 15 of each year.
Primary Management Zone: means the area within a 1500 foot radius
of a nest site.
Secondary Management Zone: means the area between the outer
boundary of the Primary Management Zone and a one statute mile
radius of a nest site.
Shoreline: An imaginary boundary adjacent to an existing
waterbody, defined by the mean high water line in beach or marsh
areas, or the waterward dripline of mangrove trees on mangrove
forest shorelines.
USFWS Guidelines: means the U.S. Fish and Wildlife Service
"Habitat Management Guidelines for the Bald Eagle in the
Southeast Region", Third Revision, Jan. 1987.
Visual Buffer: means a buffer around a man-made structure
consisting of natural vegetation and situated so that human
activity around the structure is effectively hidden from view of
the bald eagle nest.
/-*• Words Struck-through are deleted; words underlined are added.
Note: [] = Editorial comments/not intended for final copy
-3-
DRAFT
August 15, 1990
SECTION THREE: UNLAWFUL TO KILL, MOLEST, INJURE, OR POSSESS
BALD EAGLES:
It shall be illegal for any person, business, corporation,
political entity, or other organization, to kill, molest, injure,
/ take, possess, possess any part of, or otherwise harm, or cause
harm to, either directly or indirectly, any Bald Eagle, its eggs,
its nest, or its nest tree, as outlined in the Federal Bald Eagle
Protection Act (16 U.S.C. 668-668d) , and the regulations derived
there from (50CFR22) , the Endangered Species Act of 1973 (16
U.S.C. 1531, Sec.9) , and the State of Florida Wildlife Code
(Florida Administrative Code, Chapter 39, and Rule 39-27.002(2)) .
SECTION FOUR: EAGLE NEST PROTECTION
To protect and preserve the Bald Eagle, and to maintain or
increase the Bald Eagle population in Collier County, it is
necessary and appropriate to protect the individual animal, its
nest, nesting areas, roosts, feeding areas, and other areas
necessary for its existence.
SECTION FIVE: GENERAL REQUIREMENTS FOR LAND DEVELOPMENT:
The property owner, development corporation, political
entity, builder, or other representative or agent responsible, in
part, or in total, for development of property shall be
responsible to follow minimum standards as set forth in
subsequent sections of this ordinance.
SECTION SIX: STATE AND FEDERAL REGULATIONS
The property owner, development corporation, political
entity, builder, or other representative or agent responsible, in
part, or in total, for development of property is advised to be
aware of the U.S. Fish and Wildlife Service's "Habitat Management
Guidelines for the Bald Eagle in the Southeast Region", Third
Revision, January, 1987, and to appropriately incorporate
elements of these guidelines as considerations in development
design; this publication is recognized as "guidelines" with no
requirement for their adoption. Such persons or entities are also
advised to be aware of Federal and State regulations as applied
/.."\ Words strnek-threugh are deleted; words underlined are added.
Note: [] = Editorial comments/not intended for final copy
-4-
DRAFT
15,
to Bald Eagles and their nests, as outlined in Sectionst Three of90
this Ordinance, and any other regulations relevant to Bald Eagles
and their nests. Such persons or entities shall be responsible to
comply with standards as presented in subsequent sections of this
ordinance.
SECTION SEVEN: DESIGNATION OF "E-ST" LAND
Appropriate areas for protection surrounding the nest tree of
all Bald Eagles known to exist within the limits of Collier
County shall be indicated on the Official Zoning Atlas Map of
Collier County, with an "E-ST" zoning designation. This E-ST
zoning shall be defined as an area surrounding each Bald Eagle
nest tree with a radius of at least one statue mile (USFWS
Guidelines). Properties or parts of properties that exist within
this area shall be subject to review with consideration for
Southern Bald Eagles inhabiting the area, their nests, nest
trees, roosts, feeding areas, and other aspects of their natural
functions, as outlined in this Code. Areas of "E-ST" zoning on
the Official Zoning Atlas Map of Collier County shall be subject
to amendment by resolution of the Board of County Commissioners.
A review of "E-ST" areas shall be made at least annually, based
on current information from the Florida Game and Freshwater Fish
Commission's Annual Southern Bald Eagle Nesting Survey. Revisions
to these "E-ST" areas shall be based on officially documented
establishment of new nests, or the abandonment for more than five
(5) consecutive years of nest sites.
SECTION EIGHT: AMENDING ORDINANCE 82-2, SECTION 9, SPECIAL
REGULATIONS, 9.1 SPECIAL TREATMENT OVERLAY DISTRICT
Ordinance 82-2, The County Zoning Code, Section 9, Special
Regulations, 9.1b shall be amended as follows:
SECTION 9: SPECIAL REGULATIONS:
9.1 "ST" Special Treatment Overlay District--Special
Regulations for Areas of Environmental Sensitivity, Lands
and Structures of Historical and/or Archaeological
Significance, end the Big Cypress Area of Critical State
Words struck-through are deleted; words underlined are added.
Note: () = Editorial comments/not intended for final copy
-5-
DRAFT
August 15, 1990
Concern, and Bald Eagle habitat as regulated by County
Ordinance 90- , the Bald Eagle Protection Ordinance.
a. Intent and Purpose: Within Collier County there are
certain areas, which because of their unique assemblages of
flora and/or fauna, their aesthetic appeal, historical or
archaeological significance or their contribution to their
own and adjacent ecosystems, make them worthy of special
regulations. Such regulations are directed toward the
conservation, protection, and preservation of ecological,
commercial, and recreational values for the greatest benefit
to the people of Collier County. Such areas include, but are
not necessarily limited to mangrove and fresh water swamps,
barrier islands, coastal beaches, estuaries, cypress domes,
protected species' habitats, natural drainage ways, aquifer
recharge areas and lands and structures of historical and
archaeological significance.
The purpose of this overlay district regulation is to
assure the maintenance of these environmental and cultural
resources and to encourage the preservation of the intricate
ecological relationships within the systems and at the same
time permit those types of developments which will hold
changes to levels determined acceptable by the Board of
County Commissioners after public hearing.
b. "ST" as a Zoning Overlay District; Designation of "P-
ST" Lands, Designation of "ACSC-ST" Lands, Designation of
"E-ST" Lands:
1) An overlay zoning classification to be known as the
"ST" Special Treatment Overlay District, and to be designated.
on the Official Zoning Atlas by the symbol "ST" together with
the symbol of the basic zoning district which it overlays, is
hereby established. This overlay district classification
will be used for those lands of environmental sensitivity and
historical and archaeological significance where the
essential ecological or cultural value of the land is not
Words strnek-thretigh are deleted; words underlined are added.
Note: [] = Editorial comments/not intended for final copy
-6-
DRAFT
August 15, 1990
adequately protected under the basic zoning district
regulations established by ordinance.
The placement or removal of this overlay zoning district
shall be governed by the procedure for amending the zoning
ordinance and the zoning atlas as prescribed in Section 14 of
this Ordinance.
2) For purposes of identifying land from which the
residential development rights have been transferred, such
lands shall be designated on the Official Zoning Atlas by
affixing the letter "P" for preservation to the symbol "ST",
thusly "P-ST" together with the symbol of the basic zoning
district which it overlays. Such designation shall be placed
on the land after the Board of County Commissioners has
accepted the deed and/or guarantee to said property.
3) In accordance with Section 380.05, Florida Statutes
and Chapter 73-131 Laws of Florida, the Administration
Commission instituted regulations for the Big Cypress area of
Critical State Concern (ACSC) . The purpose of these
regulations is to conserve and protect the natural,
environmental and economic resources of the Big Cypress Area.
Furthermore, these regulations are to provide a land and
water management system that will preserve water quality,
provide for the optimum utilization of the limited water
resources of the area, facilitate orderly and well-planned
development, and protect the health, safety and welfare of
the residents of the State. chapter 27F-3 of the Florida
Administrative Code established criteria for site alteration,
drainage, transportation, facilities, and structure
installation. These regulations are implemented through this
Zoning Ordinance as set forth below in Subsection C.2. An
overlay zoning classification to be known as Area of Critical
State Concern/Sensitive Treatment Overlay shall be designated
on the Official Zoning Atlas with symbol ACSC-ST.
Words atrnek-through are deleted; words underlined are added.
Note: [] = Editorial comments/not intended for final copy
-7-
DRAFT
August 15, 1990
4) For purposes of identifying lands of environmental
concern as habitat important to the survival of the Bald
Eagle, such lands shall be designated on the official zoning
atlas, and identified with the abbreviation "E-ST". The
function of this zoning overlay is to protect all known nest
sites of the Bald Eagle in Collier County, and to
appropriately protect, conserve, and manage lands surrounding
these nest sites that may be important to the survival and
prosperity of this species. "E-ST" designations shall be
assigned to an area surrounding each known Bald Eagle nest in
the County for a radius of one statute mile. Development of
properties or parts of properties within this designation
shall be subject to the provisions of this section.
c.4} Uses Permitted on Land Designated "ST":
11 Land designated "ST" shall be used only for the
permitted principal use, the permitted accessory use, and/or
the permitted provisional use under the basic zoning
classification of such land.
-e72) Development standards and Regulations for ACSC-ST:
All Development Orders issued within the ACSC - ST area shall
comply with Chapter 27F-3, Florida Administrative Code,
"Boundary and Regulations for the Big Cypress Area of
Critical State Concern" as set forth below:
(a) Site Alteration
(1) Site alteration shall be limited to 10% of the total
site size, and installation of non-permeable surfaces shall
not exceed 50% of any such area. However, a minimum of 2,500
square feet may be altered on any permitted site.
(2) Except for roads, any non-permeable surface greater
than 20,000 square feet shall provide for release of surface
run off, collected or uncollected, in a manner approximating
the natural surface water flow regime of the area.
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(3) Soils exposed during site alteration shall be
stabilized and retention ponds or performance equivalent
structures or systems maintained in order to retain run off
and siltation on the construction site. Restoration of
vegetation to site alteration areas shall be substantially
completed within 180 days following completion of a
development. Revegetation shall be accomplished with
pre-existing species or other suitable species except that
undesirable exotic species (see list below) shall not be
replanted or propagated.
Australian Pine - easuarina eguisetifelia
Casuarina spp.
Bishopwood - Bisehefia-j,aveniea Bischofia iavanica,
Brazilian Pepper (holly) - 8hinus terebinthfelids
Schinus terebinthifolius
Castor Bean - Rieintts eemmtinis Ricinus, communis
Common Papaya - eariea papaya Carica papaya
Common Snakeplant - 5ansev#era Trifaseiata Sansevieria
hvacinthoides,
Day Jessamine - eestrum Biurnum Cestrum diurnum
Hunters Robe - Raphidephera aurea Raphidophora aurea
Melaleuca (cajeput) - Meiaietea leueadendra
Melaleuca quinquenervia
Queensland Umbrella Tree - Sehefflera aetinephylla
Schefflera actinophvlla
Trailing Wedelia - Wedeiia trilebata Wedelia trilobata
(4) No mangrove trees or salt marsh grasses shall be
destroyed or otherwise altered. Plants specifically
protected by this regulation include:
Red Mangrove - Rhiaephera Mangle Rhizophora mangle
Black Mangrove - Avieennia germinans Avicennia qerminans
White Mangrove - Baquneniaria raeentesa Laguncularia
racemosa
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Needlerush - Janeus reemerianus Juncus roemerianus
Salt Cordgrasses - 6--patens-67-eynesare4des--67
spark#nae,--6prartina-aiternifiera; Spartina alterniflora,
S. bakeri, S. patens, S. spartinae,
Seashore Saltgrass - Bistiehiis spieata Distichlis
spicata
(5) Fill areas and related dredge or borrow ponds shall
be aligned substantially in the direction of local surface
water flows and shall be separated from other fill areas and
ponds by unaltered areas of vegetation of comparable size.
Dredge or borrow ponds shall provide for the release of storm
waters as sheet flow from their downstream end into unaltered
areas of vegetation. Access roads to and between fill areas
shall provide for the passage of water in a manner
approximating the natural flow regime and designed to
accommodate the 50 year storm. Fill areas, and related ponds
shall not substantially retain or divert the total flow in or
to a slough or strand or significantly impeded tidal action
in any portion of the estuarine zone.
(6) Man-made lakes, ponds, or other containment works
shall be constructed with a maximum slope of 30 degrees to a
depth of six feet of water. Whenever mineral extraction is
completed in new quarrying lakes, shoreline sloping,
revegetation and disposal of spoils or tailings shall be
completed before abandonment. Existing quarrying lakes are
exempt from this provision, except that whenever any person
carries out an activity defined in Section 380.04, Florida
Statutes, as development or applies for a development permit
as defined in Section 380.031, Florida Statutes, to develop
any existing quarrying lake area, these regulations shall
apply.
(7) Finger canals shall not be constructed in the ACSC -
ST Area.
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(8) This rule shall not apply to site alterations
undertaken in connection with the agricultural use of land or
for the conversion of land to agricultural use.
3) DEVELOPMENT OF "E-ST" LANDS: Development of properties with
"E-ST" designation shall be subject to guidelines and criteria as
established in this Ordinance.
a) Bald Eagle Nesting Season Limitations, Nesting
season for the Bald Eagle Will be considered as the period of
time between October 1 and May 15 each year [USFWS Guidelines])
however, documentation of nesting activity in any time of the
Year shall be considered as nesting. Activities including, but
not limited to, land clearing, grubbing, vegetation removal,
hydromulchinq, construction, excavation. blasting, paving, or
other such land alteration shall not take place during Bald Eagle
nesting or nesting season, within the Primary Management Zone.
b) Height of Structures and Possible Visual Disturbances.
Man-made structures within the Primary Management Zone shall not
exceed one story or the height of the surrounding tree canopy, A
visual buffer shall be provided to block line-of-sight
disturbance to the eagle nest (Stalmaster and Newman, 1978] .
Purpose and Function: Line-of-sight buffers will be provided to
create a visual screen between bald eagle nests and activities
that are associated with development. These buffers will be
developed and maintained to effectively obscure visibility of
human activities between the buffer and development activities •
that may otherwise be clearly seen from a bald eagle nest.
Composition: The order of preference for structural or otherwise
composition of line-of-sight buffers is:
1. Maintain existing trees and shrubs in place.
2. Plant native trees and shrubs.
3. Plant non-native trees that are not specifically
identified as problem exotic species and prohibited by_
law.
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4. Construct a structural screen, such as a wall or
fence.
Location and Standards for Line-of-Sight buffers and Development
Activities:
1. For structural development
Line-of-Sight buffers to visually obscure activities
associated with proposed development structures shall
be developed and maintained to conform, at a minimum,
with the following standards:
a. Line-of-sight buffers will be located no closer
than ten feet from the proposed development structure,
measured from the limit of the buffer area closest to
the proposed structure.
b. suffers that are composed of trees or shrubs will
be a minimum of ten feet wide.
c. Line-of-sight buffers will effectively visually
obscure human activities for a distance of at least
ten feet from the buffer (toward the proposed
structure) , to a minimum height of six feet above
graded around level on which the adjacent structure is
located. The line-of-sight buffer may necessarily vary
in height, relative to its distance from the bald
eagle nest, to effectively obscure human activities to
a minimum height of six feet above graded ground
level.
d. Line-of-sight buffers will be eighty percent (80%1
opaque within twelve months after installation, and
will be maintained at least 80% opaque as long as the
bald eagle nest tree remains active.
e. If the above conditions cannot be met, then the
proposed structure shall be relocated to accommodate
an appropriate line-of-sight buffer. If relocation of
the proposed structure is not possible due to existing
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zoning or environmental regulations, then a
line-of-sight buffer shall be developed and maintained
no farther from the structure than:
1. one-half the distance between the proposed
structure and the nest tree, OR,
2. one-half the distance between the proposed
structure and the applicable building setback
line closest to the structure;
whichever is closest to the proposed structure shall
apply.
The line-of-sight buffer in these cases will be a
minimum of twelve feet in height measured from ground
level on which the structure is proposed.
2. For other development activities:
Line-of-sight buffers to visually obscure activities
associated with development shall be developed and
maintained to conform, at a minimum, with the
following standards:
a. Line-of-sight bufferswill be located no closer
than twelve feet from the proposed development
activity measured from the limit of the buffer area
``?. closest to the proposed activity
b. Buffers that are composed of trees or shrubs will
be a minimum of ten feet wide.
c. Line-of-sight buffers will effectively visually
obscure human activities for a distance of at least
twelve feet from the buffer (toward the proposed
activity) , to a minimum height of six feet above
graded ground level on which the adjacent activity is
located. The line-of-sight buffer may necessarily vary
in height, relative to its distance from the bald
eagle nest, to effectively obscure human activities to
a minimum height of six feet above graded ground
level.
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d. Line-of-sight buffers will be eighty percent (80%)
opaque within twelve months after installation, and
will be maintained at least 80% opaque as long as the
bald eagle nest tree remains active.
e. If the above conditions cannot be met, then the
proposed activity should be relocated to accommodate
an appropriate line-of-sight buffer. If relocation of
the proposed activity is not possible due to existing
zoning or environmental regulations, then a
line-of-sight buffer must be developed and maintained
no farther from the activity than:
1. one-half the distance between the proposed
activity and the nest tree, OR,
2. one-half the distance between the proposed
activity and the applicable building setback line
closest to the proposed activity;
whichever is closest to the proposed activity shall
apply.
The line-of-sight buffer in these cases will be a
minimum of twelve feet in height measured from ground
level on which the activity is proposed.
c) Boating. Operation of power boats, including
let skis, shall be limited to idle speed within 1200 feet of a
Bald Eagle nest or known and documented Bald Eagle feeding area
(Knight 1984) .
d) Discovery of a Bald Eagle Nest. If a Bald Eagle •
nest is discovered by any person during any phase of site
development, and if any part of the development is within a one
statute mile radius of that Bald Eagle nest, all development
activity within the one statute mile radius shall immediately
cease, and the Community Development Services Administrator
notified. Development activity shall be suspended for a
sufficient length of time to allow the Community Development
1
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Services Administrator or designee to assess the nest and
surrounding area. This assessment will be used in a
determination, by the Community Development Services
Administrator or designee, of the appropriate course of action
regarding both proposed development activity and measures for the
protection of the Bald Eagle nest site and surrounding habitat,
The Community Development Administrator or designee shall respond
to any such notification in a timely and efficient manner to
provide minimal interruption to development activities,
el Requirement to Obtain a Tree Removal Permit,
Removal of any trees, as defined by'County Ordinance, from anv
property or any part of a property within the Primary Management
Zone surrounding a Bald Eagle nest tree, shall be done only after
the issue of a County Tree Removal Permit, or other permit or
permits required by the County for property development,
regardless of the zoning of the property. Site specific
requirements to permit land clearing in the Primary Management
Zone will be based, in part or in total, on criteria and
standards outlined in this Ordinance, and Ordinance 90- , the
Bald Eagle Protection Ordinance,
f) Criteria for Removal of Trees within E-ST Zoned
Property
The Community Development Services Administrator or designee
shall approve an application to remove protected trees in an E-ST
zoned area according to the following criteria:
1. Criteria listed in Ordinance 75-21, as
amended, the Tree Removal Ordinance.
2, Criteria listed in Ordinance 90-_, the Bald •
Eagle Protection Ordinance.
3. The trees do not contain active Bald Eagle
nests.
4. The trees are not documented as being used
as roosts by Bald Eagles.
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5. The trees are not part of visual buffers
between development activities and Bald
Eagle nests.
6. The trees are in areas that require
clearing to comply with health, safety, or
welfare requirements of Federal. State. or
local legislation.
g) General Criteria for Activities Near Bald Eagle
Nests. Activities proposed for areas that may affect Bald
Eagles should be planned to produce the least possible
disturbance to these birds. Development or other property
alterations shall take place as far as possible away from the
Bald Eagle nest site, or sited in a way that will cause the least
possible disturbance to the eagles; specific determinations for
siting of development activities shall be evaluated by the
Community Development Services Administrator, or designee,
through tree removal permitting or other development order
Process, Activities that produce noise or noise disturbance as
defined by County Ordinance 90-17 will not be permitted within
the "E-ST" area. Fixed-wing or helicopter aircraft shall not take
off or land within 1000' horizontal distance, or operate within
500' vertical distance from a Bald Eagle nest. Alteration of
areas on and waterward of natural shorelines by human development
activities such as, but not limited to, dredging, filling,
bulkheading, or vegetation removal, within an E-ST zone, shall be
prohibited.
SECTION NINE: VARIANCES
A. A written petition requesting a variance from the
established ordinance restrictions shall be filed with the Board
of County Commissioners. The petition shall set forth:
1. A description of the petitioner's property;
2. A description of the established E-ST zone;
3. A description of the restriction which the
petitioner wishes to be varied;
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4. The grounds upon which the petitioner relies for
the granting of the variance;
B. The Board of County Commissioners shall, within sixty (60)
days of the filing of the petition, hold a public hearing thereon
upon due public notice.
C. Due public notice shall mean at least fifteen (15) days
notice of the time and place of such hearing published one time
in a newspaper of general circulation in the area.
D. The Board of County Commissioners shall notify the
petitioner in writing of its decision within fifteen (15) days of
the public hearing.
E. Any person aggrieved by a decision of the Board of County
Commissioners granting or denying a variance may apply to the
Circuit Court of the Circuit in which the property is located for
judicial relief within thirty (30) days after rendition of the
decision by the Board of County Commissioners. Review in the
Circuit Court shall be by petition for writ of certiorari and
shall be governed by the Florida Appellate Rules.
SECTION TEN; PENALTY
Any person violating any provision of this Ordinance shall
upon conviction be punished according to law. Each act of
harming a Bald Eagle shall be a separate offense. In addition to
or in lieu of the penalties provided by general law for violation
of Ordinances, the Board of County Commissioners may bring
injunctive action to enjoin the harm of Bald Eagles in violation
of this Ordinance.
SECTION ELEVEN: AREAS EMBRACED
All territory within the legal boundaries of Collier County,
Florida, including all incorporated and unincorporated areas
shall be embraced by the provisions of this section, unless
specifically deleted or superseded by municipal ordinance. For
Bald Eagles nesting outside of the area embraced by the
provisions of this ordinance, but with management zones, as
f
r
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described by the U.S. Fish and Wildlife Services, in "Habitat
Management Guidelines for the Bald Eagle in the Southeast", that
extend into Collier County, the area of those management zones
within Collier County will be embraced by the provisions of this
Ordinance.
SECTION TWELVE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable laws, the more
restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion. Compliance with
this Ordinance will not be considered as substitution for permits
or compliance with any other local, State, or Federal
legislation.
SECTION THIRTEEN: EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
DATE: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: BY:
JAMES C. GILES, CLERK MAX A. HASSE, CHAIRMAN
Approved as to form and
legal sufficiency:
Kenneth B. Cuyler,
County Attorney
I
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-18-
Collier Resources Company y
The Collier Company I;T2T17111
Petroleum & Minerals Division 44s..104/
305 Fifth Avenue South, Suite 202
^Naples, Florida 33940 SEP 14 1990
Telephone (813) 262-0900 NATURAL RESOURCES
Telefax (813) 262-7378September 14, 1990
MANAGEMENT
Mr. James N. Burch, Chief Environmental Specialist
Natural Resources Department
Collier County Government Complex
3301 E. Tamiami Trail
Building "G"
Naples, Fl. 33962
Re: EAC Meeting - Septemer 19, 1990
Dear Jim:
I received your letter dated August 30, 1990 including the latest drafts of the proposed Bald
Eagle Ordinance, Tree Removal Ordinance amendment, and EAC meeting announcement.
I have prepared Collier Resources' comments on the Bald Eagle Ordinance for submission to
the EAC. Unfortunately, scheduling circumstances preclude the attendance of a Collier Resources
representative at the EAC meeting on the 19th. Therefore, I am forwarding Collier Resources'
comments directly to you so that they may be included in the official written record of the EAC
meeting.
Thank you very much for your attention to this matter.
Very cor7allyx,
Brian H. MacKe e
P.S. For your convenience I have enclosed an envelope containing Collier Resources' comments
should you fmd it necessary to mail them to the chairman of the EAC. Thanks.
BHM/slm
cc: Bill Lorenz
Stuart Stantos, Ph.D.
Collicr Resources Company
'1 he Collier Company
Petroleum & Minerals Division
305 Fifth Avenue South, Suite 202
'Naples, Florida 33940
Telephone (813) 262-0900
Telefax (813) 262-7378 September 14, 1990
Mr. James N. Burch, Chief Environmental Specialist
Natural Resources Department
Collier County Government Complex
3301 East Tamiami Trail
Building "G"
Naples, Fl. 33962
Dear Jim,
Enclosed for your consideration are comments on the August 15, 1990 draft of the County's
proposed"Bald Eagle Protection Ordinance" (ordinance) as it relates to the interests of Collier Resources
Company.
By way of introduction, Collier Resources Company (Collier) is jointly owned by both Barron
Collier Company and Collier Enterprises and serves as the operating entity responsible for the
management of all mineral and petroleum assets owned by the parent companies. Mineral and
petroleum assets currently managed by Collier underlie the bulk of the surface landmass of Collier
County as well as smaller portions of Hendry and Lee counties. Petroleum operations have successfully
taken place on Collier holdings throughout the Big Cypress Swamp Watershed Area since 1943.
It is in the capacity of mineral estate manager that Collier takes great interest in the proposed
ordinance. First, it should be known that Collier takes no issue with the concept of conserving and
protecting the endangered Southern Bald Eagle population so that its successful re-propagation may
continue unabated. In addition to being a national symbol, the Southern Bald Eagle provides a valuable
natural resource to the County and Collier agrees that all practical efforts should be made to promote
its natural resource value.
Collier's concern with the ordinance stems from the potential liability to which the County may
expose itself through the adoption and enforcement of certain ordinance provisions relating to the
discovery of an eagle nest during any phase of development (Section Eight: Amending Ordinance 82-
2, Section 9, Special Regulations, 9.1 Special Treatment Overlay District - Discovery of a Bald Eagle
Nest, pg.14, ordinance). Collier's concern revolves around what appears to be open-ended language.
In particular, there is no language defining a specific process, including reasonable time limits, by which
a suspension of development activity is to be resolved. Further, the ordinance makes no provision for
compensable financial damages suffered by the private property owner which may result from downtime
spent resolving a given situation. Finally, the draft provides no particular options for the resolution
of the problem itself. What if the Community Development Administrator determines that the situation
can not be resolved? The provisions in this section of the ordinance, as written, may discourage the
reporting of nest discoveries rather than encourage it as intended. A scenario like this could ultimately
serve to harm the Bald Eagle population and not protect it.
Letter to Mr. James N. Burch - Collier County
September 14, 1990
Page 2
It is Collier's position that either - a) the ordinance be changed so that development may
continue under controlled conditions while the situation is resolved; or b) develop, in the ordinance,
a specific process including definite, reasonable time limits within which the situation surrounding a
suspension must be resolved by the Community Development Administrator or the development is
allowed to proceed without restriction.
In closing, thank you for the opportunity to comment on this important ordinance. If Collier
can be of any assistance please do not hesitate to call.
Very cor . y ours,
rian H. MacKenzi
BHM/slm