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EAC Agenda 10/31/1990 DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: EAC Members Project Review Services Environmental Staff FROM: Earlene M. Weber Secretary I DATE: September 21, 1990 RE: October EAC Meeting The regular October EAC meeting will be held on October 31, 1990 at the normal time of 8 : 45 a.m. The meeting will be in the 3rd floor board room as usual. This change was due to the fact that there would not be a quorum for October 17, 1990. Please plan to attend. ew90-347 cc: Chrono File Darlene Grucz, County Manager' Office Louise Chesonis, Clerk to the Board Cecelia Martin, Planning Services Section David Pettrow, Development Services Director Frank Brutt, Community Development Services Administrator ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 31, 1990 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. R-90-29: William R. Vines, AICP of Vines and Associates, Inc. , representing Quail Creek Country Club, Inc. ; requesting a zoning change from Golf Course (GC) to RSF-2 . 2 . R-90-33 : Shelly O'Steen of Dimension One Associates, Inc. , representing Summer Glen of Immokalee, Ltd. ; requesting a zoning change from A-2 MH to PUD, "Summer Glen of Immokalee" 3 . PU-90-23 : Terrance L. Kepple of Bruce Green and Associates, Inc. , representing Deltona Utilities, Inc. ; requesting a provisional use "b" of 8 . 10 for water treatment, storage and pumping. 4. PU-90-25: David S. Wilkison, P. E. , representing Immokalee Auto Sales, Inc. ; requesting a provisional use "g" of C-4 zoning district for used car sales. EAC October 31, 1990. 5. PDA-90-10: John D. Lee of Hole, Montes and Associates, Inc. , representing Carl M. Fernstrom, Trustee; requesting a PUD Amendment to "Plantation PUD" to allow Child Care Facilities. 6. PDA-90-5: William R. Vines, AICP of Vines and Associates, Inc. , representing Tollgate Commercial Center, A Florida General Partnership; requesting a PUD Amendment to Tollgate Commercial Center PUD. V. OLD BUSINESS VI. PUBLIC HEARINGS A. R-90-9: Kris A. Dane, P.E. of Coastal Engineering Consultants, Inc. , representing The Founders Corporation, Inc. ; requesting a zoning change from A-2 and A-2ST to PUD "Arete" . C. R-90-30: James A. Davis of Coastal Engineering Consultants, Inc. , representing Tempustech, Inc. ; requesting a zoning change from A-2 to RSF-5, residential single family housing. B. R-90-12 : Q. Grady Minor of Q. Grady Minor and Associates, P. A. , representing Jack and Mary Freedman; requesting a zoning change from MHRP to PUD, "Leawood Lake IV" . VII. NEW BUSINESS VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify PROJECT REVIEW SERVICES (Environmental Staff) (643-8470) no later than 5 P.M. on Monday October 29, 1990, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. Please refer to notice on first floor, Building F, for the location of the E.A.C. meeting. C. Items added after agenda was sent out. D. No action since last Council meeting. E. On January 7, 1987 the E.A.C. adopted a policy that any person addressing the E.A.C. on behalf of any organization must present a letter from said organization acknowledging them as a representative empowered to make policy related comments on that subject. ************************************************************* PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** *********** ********** ************************************************************* MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: September 19 , 1990 TIME: 8 : 45 A.M. PLACE: Third Floor Boardroom, Building "F" , Collier County Government Center, Naples, Florida EAC PRESENT STAFF PRESENT DAVID ADDISON BARBARA BURGESON PATRICK NEALE JOHN MADAJEWSKI JAMES SNYDER KIMBERLY POLEN BARBARA PRYNOSKI PHILIP SCHEFF ERIC WORSHAM MINUTES BY: Sabrina C. Cheaney-Farrell , Court Reporter CALLED TO ORDER AT: 8 : 45 A.M. ADJOURNED: 12 : 30 P.M. PRESIDING: I)r. James Snyder, Chairman ADDENDA TO THE AGENDA: None. APPROVAL OF MINUTES : July 18 , 1990 , and August 15 , 1990 . Approved. {'rtt;� 1 1 /9 ENVIRONMENTAL ADVISORY COUNCIL _ " + , 1990 ***** ITEM: Approval of Minutes. COMMENTS : Mr. Neale made a correction to the August Minutes stating that they should read "saw" palmettos instead of "soft" palmettos . MOTION: Made by Mr. Neale to approve the July and August Minutes . Seconded by Mr. Addison. Motion carries 3/0 . ***** PETITION NO: PU-90-6 REQUESTING: A PUD Amendment to Longshore Lake PUD. COMMENTS : To be approved administratively. ***** PETITION NO: PU-89-23 REQUESTING: A provisional use "3a" of RMF-6 for church expansion. COMMENTS : To be approved administratively. ***** PETITION NO: PU-90-15 REQUESTING: A provisional use "b" of A-2 zoning for lake excavation. COMMENTS: To be placed for public hearin.; . ***** PETITION NO: PU-90-20 REQUESTING: A provisional use " .L" of 1t at os ::tonin:: for a church. COMMENTS : To be approved admin istrat_. i veI y . ***** Page 2 ENVIRONMENTAL ADVISORY COUNCIL ___ -A4CV8T 15 , 1990 — 4-fre • / 91 ,99 � PETITION NO: PU-90-21 REQUESTING: A provisional use "a" of RMF-6 zoning for two educational buildings to be accessory to a church. COMMENTS: To be approved administratively. - ***** PETITION NO: PU-90-16 REQUESTING: A provisional use "b" of Section 8 . 10 for a resource recovery facility ( Marco Island Transfer Station ) . COMMENTS : To be approved administratively. ***** PETITION NO: PU-90-17 REQUESTING: A provisional use "b" of Section 8 . 10 for PaIN, essential services ( Naples Landfill ) . COMMENTS : To be approved administratively. ***** PETITION NO: PU-90-18 REQUESTING: A provisional use "b" of Section 8 . 10 for a resource recovery facility ( Immokalee Landfill ) . COMMENTS : To be approved administratively . ***** ENVIRONMENTAL ADVISORY COUNCIL AUGUST 15i1990 .Arr6. /9, i9p- PETITION NO: PU-90-19 REQUESTING: A provisional use "b" of Section 8 . 10 for transfer station ( Carnestown Transfer Station) . COMMENTS : To be approved administratively. ***** PETITION NO: PDA-90-8 REQUESTING: A PUD language amendment to the "Hideaway Beach PUD" . COMMENTS: To be approved administratively. ***** ITEM: PUBLIC HEARINGS PETITION NO : PU-90-15 FILED BY/FOR: Steve Ball of Agnoli , Barber & Brundage , Inc . 0114, REPRESENTING: Collier Development Corporation. REQUESTING: A provisional use "b" of A-2 zoning for lake excavation. REPRESENTED BY: Steve Ball . COMMENTS : Mr. Ball stated that after reviewing the Staff Report , he agrees with the findings except for two conditions, Numbers 1 and 4 . Mr. Ball stated that the mitigation issue is addressed through the design of the proposed lake and that they are proposing a 1 to 1 ratio . Mr. Ball demonstrated on the site plan the changes that would be made and that they area they are mitigating is equivalent to a I to i hut the design of the remainder of the .Lake is adequate to address that . The lake had to be expanded to adequately provide Cor water management . Ms . Barbara Pr� nosk.i stated that she lett /p� comfortable with the changes that had been made . ENVIRONMENTAL ADVISORY COUNCIL A 'GUST_15 , .1.990 Mr. Ball then stated his disagreement regarding excavation bonds being held for a period of one year after installation of mitigative plantings to insure survivorship of 80 percent or greater coverage . Mr. Worsham stated that this is not an additional bond to the bond that was previously put up, it is the same bond, and that it will be a condition of the excavation permits . Ms . Prynoski discussed mulching and various other ways of mitigating the lake' s edge . Mr. Ball reiterated his objection to the placing of a bond and answered inquiries of the Board. Mr. Madajewski informed the Board that at the time that the request of the excavation bond for return • would be made , that the developer would provide a cost estimate based on the actual area that may need to be restored, and then a bond placed with /'*N the County based on that estimate . Mr. Ball stated that this would be agreeable with him. Ms . Prynoski suggested making Provisions 1 and 4 more clear. Mr. Snyder stated that they would leave Stipulation Number 4 as is which would involve increasing the 1 . 6 literal zones by 50 percent as shown on the lake mitigation exhibit . Mr. Neale drafted a Stipulation -1 as follows : At the time of release of the excavation bonds , the Petitioner shall provide a cost estimate for the mitigation plantings . Upon agreement on the value with staff , the Petitioner shall then exch.. age a mitigation bond for the agreed value for the excavation bond. The mitigation bond shall be held for a period of one year after the date of the exchange lnd shall be to insure 80 percent coverage of the mitigation area at the end of I ht> /1 t'<ie ENVIRONMENTAL ADVISORY COUNCIL : ___AUGUST_15 , 1.990 year. Staff shall make the determination as to the 80 percent survivorship not more than 30 days from the conclusion of the year and shall provide Petitioner with the cost to vegetate , if any, and the County shall draw on the bond to that amount . MOTION: Made by Mr. Neale to approve PU-90-15 with Staff' s Stipulations and Stipulation 4 as amended. Seconded by Mr. Addison. Motion carried 3/0. ***** PETITION NO: R-88-23 FILED BY/FOR: 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" . REPRESENTED BY: Dr. Neno J. Spagna. COMMENTS: Dr. Neno J. Spagna stated that they had been working with Staff and the Florida Game and Freshwater Fish Commission, and that they had resolved all but one issue , the Number One recommendation of Staff. Dr. Spagna stated that they had tried everything to work this out. They offered the property to the County who agreed to take the property, but not assume any responsibility for it . He went to the Florida Game and Freshwater Fish Commission. They are not interested in the property either . They are willing to give the property away to solve this problem with Parcel 6 and the Scrub Jays. His client will assume the responsibility of protecting it and preserving it for the benefit of the birds on the property but object to Staff ' s recommendation Number 1 . Ms . Prynoski stated that she had been taking with Dr. Spagna trying to resolve this and feet uncomfortable with the proposal in the packet due to the Scrub Jay habitat . The parcel al.: o has Pnv:c 6 1 � ENVIRONMENTAL ADVISORY COUNCIL _ , 90 gopher tortoises . Ms . Prynoski asked for a conversation easement dedicated to the County without the responsibility for maintenance . Ms . Prynoski also stated that she had conversations with the Conservancy and that at this time they could not accept - the parcel but feels that other agencies may be receptive . Dr. Spagna reiterated that his client is very concerned about protecting the bird' s natural habitat and that they had redesigned the project , given up 11 . 45 acres of property for their benefit , and cut off all access to the property externally to keep the area isolated and protected. He further stated that they are willing to go a final step and place a conservation easement on the parcel as required by 704 . 06 but he needs to know who will accept responsibility for it . Ms . Prynoski stated that the County would be willing to accept the parcel , but did not want the responsibility for maintenance which is the County' s standard policy. Ms . Prynoski suggested that they - dedicate it to an association who would accept responsibility for the maintenance as stipulated in the state requirements and the PUD. Dr. Spagna commented that he didn' t see any problem with placing a conservation easement on the parcel , having the property owner retain ownership, and also accept responsibility for maintaining the parcel . Mr. Neale stated that it sounded as though the parties were in agreement , and that they could modify Stipulation Number 1 . leaving the first sentence exactly as it is , but word it so that, Parcel 6 may be dedicated to a governmental agency for enforcement , a non-profit entity for maintenance or to the property owners ' association, or developer, or to Collier County for enforcement with no responsibility for maintenance . Ms . Prynoski suggested that i he word "rnt i ty" be added to account for the property owner, developer , or an association. P!t e 7 /""N ENVIRONMENTAL ADVISORY COUNCIL , __.__ AUQUST , 1 , 19.90 •Mr. Neale changed the Stipulation to read "Parcel 6 may be dedicated to a governmental agency for enforcement , a non-profit entity for maintenance , or to the property owner, or to Collier County for enforcement with no responsibility for maintenance . Parcel 6 to be maintained in accordance with applicable county ordinances and state statutes . " Dr. Spagna felt there needed to be some additional clarification in regards the subdivision regulations. He had some questions about the dividing of parcels and felt that Parcel 6 should not be recorded as a sale because it would effect the subdivision of the property. Mr. Neale suggested that it be recorded as an easement to the whole PUD and not defined as a • separate parcel . It would be defined as an easement to the property. d"1 Dr. Spagna agreed with that suggestion. He further stated that it should be passed on to future owners as well . Mr. Madajewski stated that based on the PUD master plan, six individual parcels are denoted , and a creation of a right-of-way would be a subdivision master plan. He further stated that the next step would be subdivision master plan. Mr. Madajewski further commented that if the developer creates a project and develops the parcels himself or sells them to someone else , they have already met the test of subdivision by the creation of the right-of-way. The definition - complies that if you break the property into three or more parcels or any division of the property it' a right-of-way is created for access which this master plan indicates . Dr. Spagna stated that this would not apply because in the PUD documents they did indicate that they did not want a subdivision master plan approval �t this time . Pa:;e Yi ENVIRONMENTAL ADVISORY COUNCIL A UST 15 , 1990 Mr. Madajewski stated that they did not have to do it at this time , but the next step in the future would be a subdivision master plan. Dr. Spagna agreed, but stated that it would not apply until after they sold off one parcel of the property. Mr. Madajewski stated that they cannot request a waiver from the planning process and must go through the subdivision master planning process . Dr. Spagna discussed with the Board members and Staff the location of the site . Mr. Neale stated that this 11 . 45 acres is to be defined on the plat map after field verification and dedicated as a conversation easement as • described before . Mr. Worsham elaborated on that point and all of the parties were in agreement . He further commented about the requirements for three negative surveys as required in the PUD documents before application can be made to vacate the easement . Mr. Neale rewrote Stipulation one so that the first sentence would remain as written. And sentence two to read the conservation easement , instead of Parcel 6 , may be dedicated to a governmental agency for enforcement , a non-profit entity for maintenance, or to the property owners and successive property owners , or to Collier County for enforcement with no responsibility for maintenance . The easement shall be maintained according to the applicable ordinances and statutes at all times . Any vacation of this easement shall be subject to a no objection letter from Florida Game and Freshwater Fish Commission . He further stated that throughout the remainder of the stipulation "Parcel 0" would be replaced by " the conservation easement:" . All the interested parties agreed . iJla`4 e 9 • ENVIRONMENTAL ADVISORY COUNCIL 1-s,_ 1990 MOTION: Made by Mr. Neale to recommend approval of PU-R-88-23 subject to the Staff stipulations as amended. Seconded by Mr. Addison. Motion carried 3/0 . • ***** ( Whereupon, a brief recess was taken. ) ***** PETITION NO: R-90-28 FILED BY/FOR: 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 . REPRESENTED BY: Kevin Coleman. COMMENTS: Mr. Coleman gave a brief overview of the project . He stated in regards to Staff ' s Stipulation 1 , that they would prefer to have that area zoned as a special treatment area to cut down on attorneys fees , and eliminate the need to prepare a conservation easement . Ms. Prynoski sfated that she was in agreement with this. The mangrove fringe is presently covered under an ST zoning and she suggested it remain in effect . And that the mangrove fringe sill still be surveyed prior to final site plan approval . All the parties agreed to the proposed changes . MOTION: Made by Mr. Neale to recommend approval of R-90-29 with Staff' s stipulations as amended. Seconded by Mr. Addison. Motion carried 3/0 . ***** PETITION NO: R-90-23 FILED_BY/FOR: George L. Varnadoe of Young , van •1ssenderp , Varnadoe & Benton. l'.we 10 ENVIRONMENTAL ADVISORY COUNCIL _Jiro:55 , 1990 REPRESENTING: Olde Florida Golf Club of Naples . REQUESTING: A zoning change from A-2MH to Golf Course . REPRESENTED BY: Alan Reynolds . COMMENTS: Mr. Reynolds gave a brief history and description of the property including an overview of the vegetation map which was submitted with their application. Mr. Reynolds commented that this request is a little bit different than the type you normally consider in that it is not a planned unit development but rather a conventional zoning application. So, as such, the consideration before you today is with respect to the appropriateness of a land use under a golf course • district . Mr. Reynolds further stated that in conversations with Staff , it had been determined that a site plan and site development plan review was not required or appropriate at this point in time . And as such you do not have a site plan before you that we are reviewing for the type of detailed environmental stipulations that you otherwise normally consider. Ms . Polen agreed with the statements made by Mr. Reynolds and reviewed with the Board the statements contained in the Staff report . She further commented that they would require a wildlife survey. There was some discussion regarding Staff ' s Stipulation 1 and Mr. Neale suggested that it be changed to say the environmental advisory counsel or it ' s successor body in case they do go through the EAC-WMAD merger and come out with the new EAB that they retain that ,jurisdiction. Staff and Mr. Reynolds agreed with Mr. Neale ' s suggestion . MOTION : Made by Mr. Neale to approve R-90-23 for rezoning only from. A-2MH to Golf Course subject to the following language : • Ht.:4e 1 ENVIRONMENTAL ADVISORY COUNCIL __ In consideration of the facts that , one , no residential development will be associated with this project and, therefore , the project will not require development of road systems , storm water management facilities , or utilities to the standards required to support residential development . And, two , applicant intends to design the project around the site ' s jurisdictional wetlands . Staff recommends approval of R-90-23 subject to the following stipulations : One , this project is recommended for rezoning only. And rezoning does not absolve the applicant from complying with all environmental ordinances in effect at the time of site plan approval or from supplying necessary information as required for site plan approval , i . e . , wildlife surveys , et cetera. In the event of disagreement between • applicant and project review staff as to environmental stipulations , the Environmental Advisory Council or its successor body shall make recommendations to the Board of County Commissioners as part of the site plan approval process . Two, as part of the County' s continuing environmental review through the EIS process , a survey of species of special status shall be accomplished pursuant to Policy 7 . 3 . 6 of the conservation and coastal management elements of the growth management plan of Collier County. Seconded by Mr. Addison. Motion carried 3/0 . ***** PETITION NO: R-87-31C FILEDBY/FOR: Dr. Neno J . Spagna of Florida Urban int. i t_ate . REPRESENTING: Domenico and Angela grade Leta. REQUESTING: A zoning change from _1-2 and RMF-4i Lo DUD . REPRESENTED BY: Dr. 'veno J . Spagna . COMMENTS : `1s . Durgeson .il ated i hot the beL i t iono • had submi t.ted :1 ptan which is someLhing Liffey hoped : o sohnii L hack Lo the ('onaLy as on :n ncimen' o t he ba e ENVIRONMENTAL ADVISORY COUNCIL A CUiST16, 1990 approved plan. Decisions that are made here today are not going to be decision that will make any changes to the approved plan. I think Petitioner is just looking for comments . Ms. Burgeson further commented that if Petitioners decided to make any 'changes to the approved plan it will have to come back to the Staff a$ amendment to the approved plan. So it would have to be formally resubmitted. It would then come back before the EAS . Dr. Spagna stated that they didn' t have a problem with having a re-review of the site development plan permit . And felt since there were not a lot of changes to be made that it would be able to go through the process rather quickly. Ms . Burgeson pointed out some vegetation on the • site plan to the Board. Dr. Spagna stated that the driving tee had been moved, that they agreed to retain the scrub oak, they moved the putting green, and will follow recommendations made by staff regarding the oak trees . They feel some of the pine trees should be removed. They will not touch the preserve area. Ms . Burgeson had some question as to what Dr. Spagna was referring to as the preserve area. She further pointed out on the site plan map and aerial map showing that the preserve area should be shaped like an elbow. The staff report also comments on the necessity for that scrub oak area to be field verified. There were further discussions including comments regarding the traversing of the road through the scrub oak habitat . A ten-inch DBH was recommended instead of the standard four- inch DBH is because of the potential for wildlife in such areas . Dr. Spagna a.:'ain reiterated his concerns and frustrations regard1ag this site . The Board commented that they never really felt that a golf driving can e as .a proper use for this property in the f i'rst place . i'ra e 13 1 4 1 ENVIRONMENTAL_..ADVISORY_COUNCIL -_ R/`T" " ' _.;< -- -- --- � : , _1.990 Staff, the Board, and Dr. Spagna had a lengthy discussion while reviewing the site plan and tree survey regarding the locations of various trees . The Board reiterated their concerns about clearing in the preserve area. Mr. Addison commented that maybe the best way to do it is to rework this site and develop a plan that fits . Mr. Neale concurred with Mr. Addison and felt it would be better to completely start over again with new Staff approvals and work with the Gadaletas to get a plan that will work. Mr. Gadaleta voiced his concerns over starting over. He felt that even more time and money would be lost since the site is now 90 percent complete . • Mr. Worsham tried to calm Mr. Gadaleta and assured him that Staff would work with him the best:. that they could. He further stated that they would have to submit a revised site development plan. Mr. Neale commented that he felt there was room for negotiation and that a pre-application meeting between Dr . Spagna and Staff would be most helpful . Dr. Spagna and Staff agreed. ***** There being no further business , the meeting was adjourned by Order of the Chair. ENVIRONMENTAL ADVISORY COMMITTEE Dr. James Snyder , Chairman I'-t e 11 PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/31/1990 Petition: R-90-29 : William R. Vines, AICP of Vines and Associates, Inc. , representing Quail Creek Country Club, Inc. ; requesting a zoning change from Golf Course (GC) to RSF-2 . Considerations: Petitioner seeks to rezone three (3) small parcels that will be joined to adjacent homesites, slightly enlarging them. The number of lots or developed area of the golf course will not change by this proposal. The total proposed rezoned area occupies . 2286 acres. A site visit was made by William R. Vines, AICP, of Vines & Associates, and Barbara N. Prynoski, Collier County Environmental Specialist II on September 12 , 1990. The three (3) areas are, in general, grassed and landscaped. The parcel on Pond Apple Drive has a line of young pines that the petitioner feels can be retained. Recommendations: In consideration of the limited environmental impacts proposed by this project, staff recommends administrative approval of petition R-90-29 subject to the following stipulations: 1. A separate tree removal permit shall be required if any future clearing of trees is proposed. 2 . The petitioner shall be subject to all environmental ordinances in effect at the time of development order approvals. PREPARED BY: DATE: BARBARA N. PRYNOSKI ENVIRONMENTAL SPECIALIST II REVIEWED BY: D DATE: /4/00 ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: / I � , 1 DATE: /0/cl i OHN F. MADA i WSKI, P.E. PROJECT REVIE SERVICES MANAGER STAFF REPORTS, R-90-29,ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/31/1990 Petition: R-90-33 : Shelly O'Steen of Dimension One Associates, Inc. , representing Summer Glen of Immokalee, Ltd. ; requesting a zoning change from A-2 MH to PUD, "Summer Glen of Immokalee" Considerations: Petitioner proposes development of ± 7. 5 acres of property in Township 46 South, Range 29 East, Section 32 as an affordable housing Planned Unit Development. The property is west of Palm Avenue on the South side of Lake Trafford Road, approximately one mile west of the intersection of Lake Trafford Road and State Road 29, in Immokalee. The site has a trailer on it. Vegetative cover is dominated by disturbance herbaceous species and grasses, with occasional Melaleuca and wax myrtle (Myrica cerifera) . Recommendations: In consideration of the limited environmental impacts proposed by this project, staff recommends administrative approval of petition R-90-33 with 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. ) . PREPARED BY: ,_ DATE: Barbara N. a'rynoski Environmental Specialist II REVIEWED BY: &,;c__ ""). /(/ DATE: /0/? I?o ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST L REVIEWED BY: , ,� / , . DATE: /o/9/go JOHN F. MADAJ. KI, P.E. �'ROJECT REVIEW SERVICES MANAGER Staff Reports, R-90-33 , ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/31/1990 Petition: PU-90-23 : Terrance L. Kepple of Bruce Green and Associates, Inc. , representing Deltona Utilities, Inc. ; requesting a provisional use "b" of 8 . 10 for water treatment, storage and pumping. Considerations: Subject property is on Marco Island located at Marco Beach Unit 25, Tract G. Surrounding properties are zoned RSF-4 on the east, west, and south property lines. The north property line abuts RSF-4 zoning, an existing Lee Electric Cooperative sub-station, and a county park zoned RO. Deltona utilities proposes the construction of a reverse osmosis water treatment plant and associated accessory structures on an undeveloped portion of a site which is currently occupied by three water storage tanks. The proposed plant will produce about four million gallons per day of potable water. The site is primarily vegetated with Australian Pines. Recommendations: In consideration of the limited environmental impacts of this proposal, staff recommends administrative approval of Petition PU-90-23 subject to the following stipulations: 1. All applicable Federal, State and Local permits shall be obtained and presented for inspection at the pre-construction meeting. 2 . All exotic vegetation shall be removed from the site, per Ordinance No. 82-37 as amended. The exotics shall be replaced with appropriate south Florida native species where required for landscaping and/or buffering. PREPARED BY: ��N DATE: /0.6. '14 F D REISCHL ENVIRONMENTAL SPECIALIST I REVIEWED BY: Z..-71 1 I • VlJ414.44D ATE: JO/9%-e ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: Lfiiii,, ° 4 7. DATE: P /To — JOHN . MAD 4I EWSKI, P.E. 'ROJECT REV EW SERVICES MANAGER Staff Reports, PU-90-23 , ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/31/1990 Petition: PU-90-25: David S. Wilkison, P. E. , representing Immokalee Auto Sales, Inc. ; requesting a provisional use "g" of C-4 zoning district for used car sales. Considerations: Petitioner proposes a used car sales facility on a 0.49 acre, C-4 zoned parcel. The parcel is located one hundred (100) feet west of the intersection of Charlotte Street and New Market Road in Immokalee, Florida. The site has an existing frame storage building and existing pavement area. Previous land use was an outdoor Go-Kart Racing Track with associated parking and buildings. No trees are on site. Recommendations: Staff recommends administrative approval of petition PU-90-25 with 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. ) . PREPARED BY: S"--(A.10--e__ Ay"LDATE:s /0//1/90 /BARBARA N. PRYNOSKI ENVIRONMENTAL SPECIALIST II c l /U,,11 REVIEWED BY: I__ DATE: /70 ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST � / REVIEWED BY: ' ��l DATE: /a//L/9D I OHN F. MAD EWSKI, P.E. •ROJECT REV W SERVICES MANAGER Staff Reports, PU-90-25, ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/31/1990 Petition: PDA-90-10: John D. Lee of Hole, Montes and Associates, Inc. , representing Carl M. Fernstrom, Trustee; requesting a PUD Amendment to "Plantation PUD" to allow Child Care Facilities. Considerations: Petitioner proposes an amendment to the Plantation PUD, Ordinance No. 89-13 to add the following language under 4. 03- Permitted Principal Uses and Structures. 4 . 03,a,5: "Child Care Facilities within the Recreational Tract as shown on the PUD master plan, with development standards as set forth in the zoning ordinance for Collier County. " Environmental staff has no objections to petition PDA-90-10 as proposed. Recommendations: In consideration that no additional horizontal construction is proposed, Staff recommends administrative approval of -- petition PDA-90-10 subject to the following stipulations: 1. This amendment does not alter or delete previously adopted environmental standards of the Plantation PUD, Ordinance No. 89-13 . 2 . The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. . 3 . This amendment approval does not absolve the applicant from supplying necessary information as required for subsequent site plan approval (i.e. wildlife surveys, etc. ) . PREPARED BY: hczi a Az. a�:yv DATE: ,� ' �> BARBARA S. BtRGESON ENVIRONMENTAL SPECIALIST I REVIEWED BY: E ' DATE:4-.6e'IC-. 64.18L /O/Ib A6 ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: �'. DATE: /b/I6 /ft) JOHN F. MAJEWSKI, P.E. PROJECT REV EW SERVICES MANAGER PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/31/1990 Petition: PDA-90-5: William R. Vines, AICP of Vines and Associates, Inc. , representing Tollgate Commercial Center, A Florida General Partnership; requesting a PUD amendment to Tollgate Commercial Center PUD. Considerations: The subject property is located on the southeastern corner of I-75 and SR 951, bounded on the south by SR 84 . It was approved as a PUD in 1984 and amended on June 12, 1990 for the purpose of adding 9. 17 acres of former DOT right-of way to the Tollgate Commerce Center. The amendment included a Transportation Services required stipulation in the PUD document that limits only two points of access to Davis Boulevard. This proposed amendment requests that the stipulation be changed to allow flexibility in locations and numbers of access points to Davis Boulevard. The project site lies within the Belle Meade/Henderson Creek Watershed of the Rookery Bay Aquatic Preserve. The natural drainage of the site is in a sheet flow to the south-southwest across the site. Ground elevations within the project site range from 9 . 7 to 11.8 feet above mean sea level. This season's high water elevation appeared to reach its maximum at approximately 10. 5 feet above mean sea level. The soil types on the site include arzell fine sand (approximately 70%) , keri fine sand (approximately 15%) and pompano fine sand (approximately 15%) . All of the following vegetative categories listed on the Tollgate Commercial Center Vegetation Map (Map F) are considered County jurisdictional wetlands except pineland (Al) , transitional zone/pine and cypress (A2) , saw palmetto/rusty lyonia (B/D) , and transitional zone cypress where areas contain more than fifty percent (50%) pine. Recommendations: Staff recommends administrative approval of petition PDA-90-5 with the following stipulations: 1. The applicant shall be subject to all environmental — ordinances in effect at the time of development order approvals. Staff Report PDA-90-5 EAC Meeting 10/31/90 Page 2 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 . According to the Objectives 6.2 and 6. 3 and associated policies of the Collier County Comprehensive Plan - Conservation and Coastal Management Element no net loss of wetlands shall occur; therefore, the PUD Master Plan is subject to the following: a. The natural flow way and natural retention areas as indicated on the Tollgate Commercial Center Master Development Plan (Map H) shall be created as preserve tracts or conservation easements subject to the uses and limitations of Chapter 704. 06 of the Florida Statutes. b. Future proposed access points shall not encroach upon the preservation tracts or conservation easements referenced in this document. PREPARED BY: --/- 1.V,4 DATE: / /.00KIMBERLY POLEN ENVIRONMENTAL SPECIALIST II REVIEWED BY: 2:41), DATE: /0/7/70 ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST 1 ' l / /I/974) REVIEWED BY: � / DATE: `� 0 JOHN F. MAD EWSKI, P.E. PROJECT REV EW SERVICES MANAGER DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: EAC Members Ron Nino, Planning Services FROM: Kimberly J. Polen 2Y'` Environmental Specialist II DATE: October 25, 1990 RE: R-90-9, Arete - Revised Stipulations 1. All stipulations and approval refer to the revised 10-24-90 Arete PUD Master Plan, subject to any and all revisions resulting from the following stipulations: A. The applicant shall be subject to all environmental ordinances in effect at the time of any final development order approvals. B. Rezone approval does not absolve the applicant from supplying necessary information as required for subsequent site plan approval (i.e. wildlife surveys, etc. ) . C. In order to avoid unnecessary duplication of effort and continue coordination and cooperation with private, regional, state and federal agencies and organizations, the applicant shall supply all permits, wildlife surveys, jurisdictionals, waivers and information required by the U. S. Army Corps of Engineers (ACOE) , South Florida Water Management District (SFWMD) , and Florida Game and Fresh Water Fish Commission (FGFWFC) prior to approval of any final development order (SDP or construction plans and plat) . D. Design of the golf course layout, buildings and associated structures, and infrastructure shall be adjusted to comply with the requirements of the ACOE, SFWMD, and FGFWFC. E. The entire site including mitigation areas, except for any approved areas designated for residential (maximum 24 units) , road right-of-way, and golf course (including clubhouse, maintenance areas, and lakes) shall be recorded on the plat as a conservation easement subject to the uses and limitations of Chapter 704 . 06 of the Florida Statutes. Page 2 EAC Members R-90-9, Arete - Revised Stipulations F. Petitioner shall be subject to Collier County Comprehensive Plan - Conservation and Coastal Management Element Policies 6.4 . 6 and 6. 4. 7, Ordinance No. 82-2 as amended by Ordinance No. 89-49, and Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat) . G. Minimum separation distance between protected wetlands and marsh/lake excavations shall be two hundred (200) feet, unless the marsh/lake areas are controlled at or above the lichen line/watermark elevation of the adjacent wetlands. 2 . Golf course maintenance facilities or any other areas used for storage of hazardous materials shall be covered and designed to contain a minimum of one hundred ten percent (110%) of the stored volume on an impervious surface. KJP/ew90-383 cc: Eric D. Worsham, Chief Environmental Specialist R-90-9 File PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/31/1990 Petition: R-90-9: Kris A. Dane, P.E. of Coastal Engineering Consultants, Inc. , representing The Founders Corporation, Inc. ; requesting a zoning change from A-2 and A-2ST to PUD "Arete" . Considerations: The applicant is considering a zoning change from A-2 and A-2ST District to PUD. The ± 240 acre site is located along the west side of C.R. 951 and approximately 5.5 miles north of the C.R. 951 and U. S. 41 intersection. It is bordered on the north, west and south by undeveloped property and on the east by C.R. 951. The applicant proposes to construct a low density (0. 5 D.V. /gross AC. ) golf course/resort community. The project site lies within the watershed of the Rookery Bay Aquatic Preserve. The natural drainage of the site is in a sheet flow to the southwest across the site. Ground elevations within the project site range from 9. 0 to 11. 0 feet above mean sea level. This season's high water elevation appeared to reach its maximum at approximately 10. 5 feet above mean sea level. The soil types on the site include Arzell fine sand (approximately 50%) , Cypress swamp (approximately 25%) , Broward fine sand (approximately 10%) , Keri fine sand (approximately 10%) , and Charlotte fine sand (approximately 5%) . 0 Most of the site contains wetland areas which consists of pine flatwoods with hydric conditions, cypress, cypress/pine/cabbage palm, two willow heads surrounded by Brazilian pepper and cabbage palm. All of the FLUCCS code numbers and categories listed on the Vegetative Key May and Topographic Survey (7-5-90) are considered County jurisdictional wetlands except 321- palmetto prairies and 411- pine flatwoods where areas contain more than fifty percent (50%) pine. The uplands on this site represent important habitat for wildlife species. Protected species such as the red-cockaded woodpecker, eastern indigo snake, and red rat snake have been observed on this site. Staff Report R-90-9 EAC Meeting 10/31/90 Page 2 Recommendations: Staff recommends approval of petition R-90-9 subject to the following stipulations. 1. The applicant shall be subject to all environmental ordinances in effect at the time of any final 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 Florida Game and Fresh Water Fish Commission (FGFWFC) prior to submission and approval of the project's subdivision master plan (SMP) to the Collier County Planning Commission. 4 . Design of the golf course layout, buildings and associated structures, and infrastructure shall be adjusted to comply with the requirements of the FGFWFC and the results of the submittals required in stipulation #3 . 5. The applicant must submit a revised subdivision master plan (SMP) prior to review of SMP-90-21 by the Collier County Planning Commission and the Board of County Commissioners which indicates all of the site's cypress/pine/cabbage palm wetlands, cypress wetlands and cabbage palm wetland as preserve areas (These wetlands have been identified on the Vegetative Key Map and Topographic Survey as Community Numbers. They are the following: cypress/pine/cabbage = 3A,53 ; cypress = 3 , 11, 13, 16, 17, 18, 19, 20, 21, 24, 25, 28, 29, 31, 34, 44, 45, 52 , 60; and cabbage palm = 63 . ) . 6. Petitioner shall be subject to Collier County Comprehensive Plan - Conservation and Coastal Management Element Policies 6.4. 6 and 6. 4 .7, Ordinance No. 82-2 as amended by Ordinance No. 89-49, and Ordinance No. 75-21 as amended by Ordinance No. 89-58. The twenty-five percent (25%) of naturally functioning vegetation to be retained on site shall include the following: __ a. at least thirty-five (35) acres of wetland preservation; b. at least ten (10) acres of buffer zones around all preserved wetlands; Staff Report R-90-9 EAC Meeting 10/31/90 Page 3 c. at least fifteen (15) acres of palmetto prairies as designated by the applicant, to be preserved for red-cockaded woodpecker foraging habitat. 7. The applicant must retain buffer zones around all preserved wetlands. These buffer zones shall extend at least fifteen feet landward from the edge of the wetland in all places and average twenty-five feet from the landward edge of the wetland. 8. If the South Florida Water Management District (SFWMD) expands the area of wetlands to be preserved and/or controls the water elevations higher than 9.7, the final construction documents must be consistent with the District's determinations before they can be approved by Project Review Services. 9 . Design of the golf course layout, buildings and associated structures, and infrastructure shall be re-designed around all wetland preserves as defined in stipulation # 5. 10. Any proposed adverse impacts to the site's willow head wetlands, Brazilian pepper wetlands and pine flatwoods wetland areas as delineated by SFWMD and Collier County shall be accepted only if no feasible alternative exists. If adverse impacts to said wetlands are unavoidable, compensatory measures (mitigation, including but not limited to marsh creation and upland wildlife habitat compensation) shall be required to offset wetland losses. In no case shall mitigation be accepted for less than a 1: 1 area ratio. 11. Mitigation areas shall be designated as preserve areas on the amended subdivision master plan, if required, and shall be recorded on the plat as preserve tracts and/or conservation easements as per the uses and limitations of Chapter 704 . 06 of the Florida Statutes. 12 . All wetlands as defined in stipulation # 5 and any other wetlands to be preserved by this zoning petition shall be illustrated on the final subdivision master plan and shall be created as preserve tracts and/or conservation easements subject to the uses and limitations of Chapter 704 . 06 of the Florida Statutes. 13 . Minimum separation distance between protected wetlands and marsh/lake excavations shall be two hundred (200) feet, unless the marsh/lake areas are controlled at a minimum elevation of 9.7 feet. Staff Report R-90-9 EAC Meeting 10/31/90 Page 4 14 . 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. 15. All previous stipulations (1-14) shall apply to all subsequent site development plan submittals regardless of whether a subdivision master plan review is required. PREPARED BY: x,,t4iAt DATE: / � 7 KIMBERLYPOLEN ENVIROkIMENTAL SPECIALIST II REVIEWED BY: �wc_ T), DATE: JO // !e) ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: , il' L /1 ��ATE: fd(// /t 4 •HN F. MADAJ j' SKI, P.E. •ROJECT REVIE7 SERVICES MANAGER PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/31/1990 Petition: R-90-30: • James A. Davis of Coastal Engineering Consultants, Inc. , representing Tempustech, Inc. ; requesting a zoning change from A-2 to RSF-5, residential single family housing. Considerations: This petition was previously heard and reviewed by the EAC on March 21, 1990. A copy of the staff report and the EAC 3/21/90 minutes are attached. The petitioner is requesting a zoning change from A-2 to RSF-5 rather than RMF-6 as previously proposed. The subject property has an ST zoning overlay. Originally, the project site was part of the mangrove marsh system in Little Hickory Bay. The reader is referred to an environmental assessment (dated 10/4/89) by Susan Davis, Biologist for Coastal Engineering, which describes the project site. Major concerns are the mangrove fringe along the shoreline and the protected epiphyte golden polypody (Phelebodium aureum) growing on the cabbage palms (Sabal palmetto) . Recommendations: Staff recommends approval of petition R-90-30 subject to the following stipulations: 1. Mangrove fringe shall be surveyed prior to final site plan approval and designated as a conservation easement with protective convenants pursuant to Florida Statute 704 . 06. 2 . Mangrove fringe shall be protected from impacts during the construction process. Petitioner shall submit protection plan with preliminary site plan submittal. 3 . The location of any water management features shall avoid impacts to mangroves. 4 . Prior to the pre-construction meeting petitioner shall obtain and submit documentation of all necessary local, state and federal permits. Staff Report R-90-30 EAC Meeting 10/31/90 Page 2 5. Petitioner shall retain naturally vegetated buffer zones which extend at least fifteen feet landward from the edge of the wetland in all places and average twenty-five (25) feet from the landward edge of the wetland. 6. No net loss of viable wetlands shall occur due to shoreline hardening structures (e.g. , rip-rap, seawalls, etc. ) . 7 . Any future proposed boat docks shall be subject to Collier County Project Review Services environmental review, and must be consistent with the Environmental Advisory Council manatee protection guidelines and require approval by the Department of Natural Resources Institute of Marine Mammal Research, St. Petersburg, Florida. 8. All cabbage palms and associated protected epiphytes shall be retained or transplanted on site. 9. The petitioner shall be subject to all environmental ordinances in effect at the time of development order approvals. 10. 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: ( rz 7{,c_ // ••/"e .r��fl:,_ DATE: at._&/t_, BARBARA N. RKI ENVIRONMENTAL SPECIALIST II REVIEWED BY: '...4.-__ :1)- c - . "A-DATE: /0 b0 ERIC D. WORS CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: 1, A • ,,Alw , '24. ' DATE: /D//b 9U OH F. MA'�•'JEWSKI P.E. PROJECT RE 7EW SERVICES MANAGER STAFF REPORTS, R-90-30 ew ENVIRONMENTAL ADVISORY COUNCIL MARCH 21 , 1990 10. Quantitative criteria for mitigation shall be based on the results of final field deter- minations made by the South Florida Water Management District and Collier County Environmental Staff at the time of construction plans and plat and/or Site Development Plan approval . Compensation proposals shall provide reasonable assurance that resource impacts will be offset . a. Mitigation plans proposed in wetlands to be preserved, restored, enhanced shall include a statement indicating why no other reasonable options to impacting jurisdictional wetlands are available, a description of area ( location and size) , vegetation proposed to be planted, source of vegetation (transplantation from impacted areas preferred) , hydrologic regime, exotic vegetation removal , monitoring and maintenance plan. b. Mitigation proposed in upland areas shall emphasize establishment of habitat value. Vegetation retained and supplemented shall focus on wildlife value and establishment of native vegetative "communities" . 11 . Petition shall be subject to all Collier County Ordinances in effect at commencement of construction. sss PETITION NO. R-89-32 FILED BY/FOR: Michael R. Dombrowski of Coastal Engineering Consultants, Inc . representing Tempustech, Inc . REQUESTING: A zoning change from A-2 to RMF-6 REPRESENTED BY: Michael R. Dombrowski COMMENTS: Mr. Dombrowski summed up the request by saying that the site proposal is for 10 units on exten- sively altered land. He said wetland species will not be removed and all stipulations pro- posed by Ms. Polen are agreed to except stipula- tion 9 regarding future docks, and their length not exceeding other existing docks in the vici- - nity. Page 8 ENVIRONMENTAL ADVISORY COUNCIL MARCH 21 , 1990 He noted that the builder is not proposing to build docks, however, he does anticipate that upon the sale of the unit the landowners will provide docks if they desire, and those docks will meet county, state, and federal regulations when they are constructed. Ms . Polen responded that she is comfortable leaving this stipulation out because as owners permitted to build their docks, all requirements will be met . SPEAKERS FOR PETITION SPEAKERS AGAINST PETITION None None MOTION: Made by Mr. Terrell to recommend approval of R-89-32 with stipulations as recommended by staff, amending stipulation 9 by removing the last sentence which reads, " In addition, the length of the dock shall not extend beyond any existing docks in the vicinity. Seconded by Mr. Neale. Carried 4/0. (Dr. Snyder absent. ) STIPULATIONS: 1 . Petitioner shall comply with Ordinance No . 82-2 as amended by Ordinance No. 89-57 (Use of native Species in Landscaping) . 2 . Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No . 89-58 (Preservation of Native Habitat and Tree Removal Permit) . 3 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No . 89-53 (Removal of Exotic Species) . 4 . Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12 . 1 . 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 5 . In the event protected species nests or burrows are encountered during development activities, the Collier County Project Review Services, Environmental Review Staff shall be notified immediately and project design may be adjusted if warranted (Collier County Comprehensive Plan Policy 7 . 3 . 4) . Page 9 ENVIRONMENTAL ADVISORY COUNCIL MARCH 21 , 1990 6. Prior to the preconstruction meeting petitioner shall obtain and submit documentation of all necessary local , state and federal permits. 7 . Petitioner shall retain naturally vegetated buffer zones which extend at least fifteen feet landward from the edge of the wetland in all places and average twenty-five (25) feet from the landward edge of the wetland (Collier County Comprehensive plan, Objective 6. 2 and associated policies) . 8 . No net loss of viable wetland shall occur due to shoreline hardening structures (e .g. , rip-rap, seawalls, groins, etc. ) shall be allowed (Collier County Comprehensive Plan, Objective 6 . 2 and associated policies) . 9 . If any future docks are desired, petitioner shall satisfy all regulations concerning dock construction as mandated by Collier county Project Review Services, the Florida State Department of Natural Resources (DNR) , the Florida State Department of Environmental Regulation (DER) , and the U. S . Army Corps of Engineers (ACOE) . PETITION NO. R-89-22/PU-89-18 FILED BY/FOR: Kris A. Dane, P.E. of Coastal Engineering, Inc. representing Tempustech, Inc . REQUESTING: Zoning change from A-2 to RO and a provisional use "b, m, and n" of RO for marina, boat ramp, restaurant , clubs and private yacht club. REPRESENTED BY: Michael R. Dombrowski COMMENTS: Ms. Polen indicated she has received a letter from Mr . Dombrowski on March 20, 1990, requesting the petition be postponed from March 21 , 1990, until the April 18 , 1990, meeting in order to have ample time to address some of the marina issues and resolve any potential impacts . She recommends that the entire staff report be dropped, up to the recommendations, because the recommendations represent the best management of the project . Ms. Polen further indicated that the project could be revisited in April , or they Page 10 PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 3/21/1990 Petition: R-89-32 : Michael R. Dombrowski of Coastal Engineering Consultants, Inc. , representing Tempustech, Inc. ; requesting a zoning change from A-2 to RMF-6. Considerations: The petitioner is requesting a rezone of a 1.73 ± acre parcel along Bonita Beach Road from A-2 Agriculture Zoning District to RMF-6 Residential Multi-Family District. The allowable base density is three (3) dwelling units/acre in this area and is increased three (3) dwelling units/acre by applying the provision of residential infill for a total of six (6) dwelling units/acre. Bonita Beach Road bounds the subject property to the north, and on the other three sides are bordering on the waters of Barefoot Bay. The entrance of Lely Barefoot is approximately 350 feet to the west. The site has been previously cleared. There are several cabbage palms (Sabal palmetto) , red mangrove (Rhizophora mangle) , white mangrove (Laguncularia racemosa) , black mangrove (Avicennia germinans) , seagrape (Cocoloba uvifera) , sea ox-eye daisy (Borrichia frutescens) , and Australian pine (Casuarina sp. ) on site. Recommendations: Considering the above, staff recommends approval of petition R-89-32 subject to the following stipulations. 1. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 2 . Petitioner shall comply with. Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . 3 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . Staff Report R-89-32 EAC Meeting 3-21-90 Page 2 4 . Petitioner shall be subject to the Collier County _ Comprehensive Plan Policy 12.1. 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 5. In the event protected species nests or burrows are encountered during development activities, the Collier County Project Review Services, Environmental Review Staff shall be notified immediately and project design may be adjusted if warranted (Collier County Comprehensive Plan Policy 7. 3 .4) . 6. Prior to the preconstruction meeting petitioner shall obtain and submit documentation of all necessary local, state and federal permits. 7. Petitioner shall retain naturally vegetated buffer zones which extend at least fifteen feet landward from the edge of the wetland in all places and average twenty-five (25) feet from the landward edge of the wetland (Collier County Comprehensive Plan, Objective 6.2 and associated policies) . 8. No net loss of viable wetlands shall occur due to shoreline hardening structures (e.g. , rip-rap, seawalls, groins, etc. ) shall be allowed (Collier County Comprehensive Plan, Objective 6.2 and associated policies) . 9. If any future docks are desired, petitioner shall satisfy all regulations concerning dock construction as mandated by Collier County Project Review Services, the Florida State Department of Natural Resources (DNR) , the Florida State Department of Environmental Regulation (DER) , and the U. S. Army Corps of Engineers (ACOE) . Z-1T-Gi�iti.Zi ;�d ^ , G i v- -the----length of the dock shall not extend beyond any -existing docks in the vicinity. EMI c , r? ,, i o tJ. PREPARED BY: A AV / Aitif, 2L_ DATE: 7'' Kimber -1 . Polen Environmental Specialist I REVIEWED BY: -- / ..01A41-,, DATE: ;3. 1� q Eric Worsham Environmental Specialist II REVIEWED BY: ,, . � DATE: 31/143 /‘ 11 John . Mad.jewski Project Rev'ew Services Manager PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 10/31/1990 Petition: R-90-12 : Q. Grady Minor of Q. Grady Minor and Associates, P. A. , representing Jack and Mary Freedman; requesting a zoning change from MHRP to PUD, "Leawood Lake IV" . Considerations: Petitioner requests a zoning change from MHRP to PUD, "Leawood Lake IV" . The property is bounded to the east by commercial property and a mobile home park. The properties to the west and south are currently zoned PUD; the land to the south is under development. The property is currently undeveloped. The general vegetative communities on site are palmetto prairie, pine flatwood and pine/cabbage palm/cypress forest. During two site visits, gopher tortoise eggs were observed on site by the palmetto prairie near the north end of the property. The petitioner has addressed the wildlife concern by delineating two preservation areas where the eggs were observed. These preserves are located in the palmetto prairie areas adjacent to pine/cabbage palm/cypress areas and may encompass a small portion of the latter. Recommendations: Areas of particular environmental concern have been delineated on-site and the petitioner has acknowledged and addressed these concerns. Staff recommends approval of petition R-90-12 subject to the following recommendations: 1. The applicant shall be subject to all environmental ordinances in effect at the time of all final 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, jurisdictional wetland information and appropriate mitigation) . 3 . 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. Staff Report R-90-12 EAC Meeting 10/31/90 Page 2 4 . Preservation and mitigation areas shall be designated as preservation tracts and/or conservation easements on all subsequent site plans and shall be recorded on the plat subject to the uses and limitations of Chapter 704 . 06 of the Florida Statutes. 5. Preservation areas located approximately 150 feet south of Radio Road along the eastern boundary, and approximately 500 feet south of Radio Road along the western boundary and totaling no less than 1. 4 acres in area, shall be field verified and approved by Collier County Project Review Environmental Staff. These areas shall retain the existing natural canopy, understory and groundcover vegetation and shall be maintained free of exotics in perpetuity. PREPARED BY: f` � rc, - '` ,, ,: /:/'z DATE: /0//J / / BARBARA S. BURGESON ENVIRONMENTAL SPECIALIST I .3L. ,__,,, REVIEWED BY: I>, {ALA," DATE: JO /J4!90 ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST w REVIEWED BY: / 4% DATE: ` °�6 /1� JOHN F. MA►1 JEWSKI, P.E. PROJECT RE = EW SERVICES MANAGER • eel ao• �- o _ O 0 z - - Li 17' - .i Ik1 aC.. ,- ..-- alrNW® NW O,,,,_ _ 0 Y to x j W C I•\ ,0-- 1, i ; it G II• \ ' i 11 3} r • m .IW I 'RI alIi: _N H IY 1h 1� MoQ m i ,,a i, E17-, _ W i Y A 9� 1a _ - a p _ li ' ° ° • __W��t - w¢ 4t I �,.t Fill:S - I 1,a 1 . . r.iiirl, s ,r IIIAI r ?IIIAI O :Il as°'. 't lid. • ti 11 A Q W ` • W ` t ig.,, ,, 11/1 2 'J }t Ig,N N Yu a (E)_ , nq1ll Yll1lll W ,,, o it,lir 111 • 412g /f6.-4 rrann nr \ PRESS RELEASE O C T O 1990 L ' U FOR IMMEDIATE RELEASE Project Review Services OCTOBER 3 , 1990 The Collier County Board of Commissioners is seeking applications for positions on the Environmental Advisory Council. Two resignations have resulted in open positions on the Environmental Advisory Council. The Board is accepting resumes from applicants with knowledge and interest in the areas of biology, hydology and geology. The terms are for two years and will expire on December 31, 1992 . The purpose of this Council is to review development projects and make recommendations to the Board of County Commissioners concerning the environmental impact on Collier County. The Council collects biological hydrological and geological facts in order to properly advise the Board on planning and zoning for the preservation of the environment. Members of the advisory committees must be residents and electors of Collier County. Residents interested in applying for the advisory committee positions are requested to submit a letter and brief resume to the attention of Mrs. Sue Filson, Administrative Assistant, Board of County Commissioners, 3301 Tamiami Trail East, Naples, Florida 33962 . The deadline for acceptance of resumes is October 19, 1990. # # # 'ono% 1r 0 �� 11990 0 1310 15th St . S .W. Naples, FL 33964 September 25, 1990 Ifven geNiceS project Re" Max Hasse, Chairman Collier County Board of Commissioners County Government Center Naples, FL 33962 Dear Mr . Hasse : This letter is to advise you that I am resigning my position on the Environmental Advisory Council effective November 1, 1990 . I have enjoyed the opportunity to volunteer my services to the citizens of Collier County for the past few years, but feel I must now redirect my energies elsewhere . It has been a pleasure to work with the other members of the Council and with the County staff . Sincerely, , ames R. Snyder, Chairman Environmental Advisory Council cc: EAC members Development Services Department Natural Resource Department