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EAC Agenda 02/04/1987 ATTACHMENT B : Original Bretonne Park PUD Staff Report (R-86-12C/DRI-86-2C) NATURAL RESOURCES MANAGEMENT DEPARTMENT (NRMD) STAFF REPORT FOR EAC MEETING 02/04/87 Petition: R-86-12C/DRI-86-2C; William R. Vines, Vines & Assoc. , Inc. , representing the National Trust Company of Naples, Florida; requesting a zoning change from A-2 to PUD (and DRI approval) (Bretonne Park) . Considerations Petition R-86-12C/DRI-86-2C requests the rezone of 333.48 acres of land from an A-2 to PUD classification (1380 units, mixed single and multi-family residential with some commercial) . The parcel is located about 0.5 miles west of Santa Barbara Boulevard and is bordered to the north and south by Radio Road and Davis Boulevard, respectively. The parcel is surround by housing developments (under construction) and undeveloped lands that are slated or proposed for additional housing and some commercial development. Currently undisturbed surrounding lands are predominantly pine flatwoods and/or cypress wetlands. On July 9, 1986, a site visit was conducted by personnel of the Natural Resources Management Department (NRMD: Dr. Brandt Henningsen) and members of the Environmental Advisory Council (EAC: Dr. Mark Benedict, Ted Below, Raymond Link) ; the site visit was coordinated with and by Mr. William Vines (Vines and Associates, Incorporated, Naples, Florida) . A second site visit was conducted on December 19, 1986, by Dr. Henningsen and Mr. James Burch (NRMD) with the assistance of the Staff Report EAC Meeting 02/04/87 Page 2 project's environmental consultants, Mr. Kevin Erwin and Robert Tighe (Consulting Ecologist, Incorporated, Ft. Myers, Florida) . Due to the intensive land use and housing densities proposed for the parcel, the project has been classified as a Development of Regional Impact (DRI) ; therefore, backup materials discussing this project are quite voluminous. In addition to summary remarks contained in this report, the reader is referred to the following reports for additional information: Application for Development Approval (ADA) , First and Second Sufficiency Responses, review and recommendations by the Southwest Florida Regional Planning Council (SFRPC) , Impact Assessment Report of the South Florida Water Management District (SFWMD) , summary comments from the Department of Community Affairs (DCA) and the Florida Department of Transportation (DOT) . NRMD staff opinion is that the ADA and subsequent sufficiency responses are adequate to satisfy County ordinance 77-66 requiring the filing of an Environmental Impact Statement prior to rezoning. Over 86% (287. 12 acres) of the site is dominated by slash pine (Pinus elliottii var. densa) flatwoods with either grass or saw palmetto understories. Pine seedlings and saplings are abundant throughout the parcel, with the majority of mature pines being 20-45 years in age (5-11" DBH) . Some cypress (Taxodium distichum, 3-6" DBH) are scattered throughout the parcel. According to Mr. Kevin Erwin, the parcel previously has been logged for both slash pine and cypress. Staff Report EAC Meeting 02/04/87 Page 3 (Melaleuca quinquinervia) has invaded much of the parcel and some pine flatwood areas are heavily infested with the exotic; melaleuca seedlings and saplings are abundant throughout the parcel. About 10% of the parcel (32.2 acres) is dominated by islands of saw palmetto (Serenoa repens) . A small hardwood hammock (0.8 acres) is located near the eastern property line in the northeastern quadrant of the parcel. Hammock plants include oak (Quercus spp.) , wax myrtle (Myrica cerifera) , red bay (Persea borbonia) , sabal palm (Sabal palmetto) , and various understory plant species (e.g. , poison ivy, rusty lyonia, ink berry, etc.) . Including a shallow borrow pit area in the central, northern reaches of the parcel, wetland areas are restricted to only 13.4 acres or 4% of the site. Seasonal ponds and cypress areas are found in the northeastern, southeastern, and southwestern quadrants of the parcel. Wetland areas have been impacted by altered hydroperiods and fire damage. Excluding insects, a total of 132 animal species were observed or expected on site. Of these species, 15 species (see ADA, Table 18.D.1) are considered endangered, threatened, rare, or of special concern. Of these 15 species, six were observed on site, with five typically found in/near wetland areas. The remaining species (American kestrel [Falco sparverius]) is associated with open areas and open pine flatwoods. Although not observed, the parcel may harbor the protected red-cockaded Staff Report EAC Meeting 02/04/87 Page 4 woodpecker (Picoides borealis) , as nesting pairs are known from nearby pine flatwoods (source: Debra Jansen, Florida Game and Fresh Water Fish Commission, Naples' office) . Concerning plants, of special concern is the cigar orchid (Cyrtopodium punctatum) , a species listed as endangered by the Florida Department of Agriculture and Consumer Service (FDA) ; cigar orchids were found at one site in western, central reaches of a pine flatwoods, and it is unknown if additional specimens are on site. Other protected plants found on site include (as listed in the "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida, September 2, 1986, Florida Game and Fresh Water Commission) : creeping orchid (Habenaria repens) , and the epiphytic butterfly orchid (Encyclia tampensis) , twisted airplant (Tillandsia flexuosa) , and golden polypody fern (Phlebodium aureum) . An archaeological survey by consultants indicates the parcel harbors no archaelogical significance. Similar opinions have been expressed by Mr. John Beriault (president, Southwest Florida Archaeological Society) . The petitioner should be commended for his proposals of interesting, novel, and environmentally astute means of saving contiguous habitats. Other than the preservation of all wetland areas and the oak hammock area, the petitioner proposes to preserve 60 acres of pine flatwood. The preservation of upland communities is a reasonably rare proposal and Staff Report EAC Meeting 02/04/87 Page 5 indicates the petitioner's knowledge and appreciation of the upland ecosystem. Other than a small park in the northern central reaches of the parcel, the majority of the 60 acre preserve will be located centrally and south-centrally. In total, 70.28 acres or 21. 1% of the site is destined to be preserved and enhanced (i.e. , through removal of exotic plants throughout the parcel and the channeling of storm water runoff into wetland areas) . The developer's intent of retaining more than one-fifth of the parcel's natural features (the majority being upland habitat) is applauded, and NRMD hopes that similar land treatments will be followed for other proposed land developments. Preservation of upland habitats is critically important for our local ecosystems to function properly, and this proposed development has offered to make valuable contributions to helping insure the success of various biological communities of the area. As related to aquatic communities, creation of littoral shelf areas along lake shorelines could provide additional wetland habitat. The petitioner is urged to conduct a program to reduce or prevent the growth of cattails (Typha latifolia) in the littoral shelf zone. As one means to this goal, the petitioner is urged to vegetate at least portions of the littoral shelf zone with native species of aquatic plants (NRMD would be pleased to provide literature and/or suggested species) . Lastly, and as stated by the petitioner in the ADA (first and second Sufficiency Reports) , any protected plant species found on site can be relocated to preserve/greenbelt areas if they would otherwise be destroyed due to development. Staff Report EAC Meeting 02/04/87 Page 6 Recommendations After consideration of the materials and points listed above, NRMD recommends approval of petition R-86-12C/DRI-86-2C with the following stipulations: 1-4. Standard stipulations 1-4. 5. Littoral zones along lake margins should be at a side slope ratio of no less than 4: 1 out to a depth of three feet from mean low water levels. 6. Water management designs should promote storm water runoff being channelled to and retained within wetland preserves. 7. Petitioner will be subject to Ordinance 75-21 (or the tree/ vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. 8. Under the threat of destruction due to development, all protected plant species must be transplanted in undisturbed, preserve areas or areas subject to the approval of NRMD. Plants will be recognized as protected if listed in the "Official Lists of Endangered and Potentially Endangered Fauna and Flora of Florida" (compiled by the Florida Game and Fresh Water Fish Commission) or any other County, state, or federal lists that are officially Staff Report EAC Meeting 02/04/87 Page 7 recognized for the protection of plant and/or animal species. Plant species to be transplanted include but are not limited to the following: creeping orchid (Habenaria repens) , butterfly orchid (Encydia tampensis) , twisted air plant (Tillandsia flexuosa) , golden polypody fern (Phlebodium aureum) . All transplantings must be performed by qualified personnel subject to approval by NRMD. 9. All specimens of the endangered cigar orchid (Cyrtopodium punctatum) must be removed and transplanted in areas subject to the approval of NRMD. All transplanting must be by qualified personnel subject to approval by NRMD. 10. All four wetland areas shall be preserved, as well as the oak hammock area found along the northern boundary of the northeastern wetland preserve. Prior to any development of surrounding lands, the preserves shall be flagged; flagging boundaries shall be verified by NRMD. 11. The northern park and central/south-central natural open space/park areas shall be preserved and used only for passive recreation, including uses such as nature trails and/or a limited number of picnic tables/benches. Any clearing of understory vegetation and/or placement of any structures (e.g. , trails, picnic facilities, etc.) must be reviewed and subject to approval by NRMD. Staff Report EAC Meeting 02/04/87 Page 8 Prior to any development of surrounding lands, the park/open space preserve boundaries shall be flagged; flagging boundaries shall be verified by NRMD. 12. A survey shall be conducted to verify the presence or absence of the red-cockaded woodpecker (Picoides borealis) . If woodpeckers are found nesting within the parcel, the petitioner shall allow sufficient habitat to satisfy nesting requirements, and the petitioner shall satisfy all County, state (Florida Game and Fresh Water Fish Commission) and federal (U.S. Fish and Wildlife Service) stipulations concerning the woodpecker or any other protected plant/ animal species on site at the time of permitting. 13. The petitioner should investigate a program to reduce or prevent the growth of cattails (Typha latifolia) in the littoral shelf zone of lakes to be constructed within the project. Petitioner should consider vegetating at least portions of littoral shelf zone with native species of aquatic plants (NRMD would be pleased to provide pertinent literature and/or suggested species) . 14. For all of the stipulations above, mutual agreements must be reached between NRMD and personnel of the Bretonne Park development. If mutual agreements cannot be reached, the matter will be brought before the EAC or whatever County environmental review board is in power at the time of disputes; this governing entity will act as an Staff Report EAC Meeting 02/04/87 Page 9 arbitrator for disputes. If arbitration is futile, the matter will be brought before the Board of County Commissioners (BCC), the BCC to act as the final arbitrator. Prepared by 4��� ,,4E x;-91 y% Date: Y��2 Reviewed by: I ce2,.--�'J iA r.C, Date: y/ 1 ? N540 ATTACHMENT C: EAC Minutes , February 4, 1987 ENVIRONMENTAL-ADVISORY-COUNCIL FEBRUARY 4,- 1987--_ — _ PETITION ,R-86-12C/DRI-86-2C; VINES & ASSOCIATES, INC. , REQUESTING; A ZONING CHANGE' FROM A-2 VO PUD AND DRI APPROVAL (BRETONNE PARR)- .Rt -:RECOMMENDED FOR APPROVAL -SUBJECT TO STIPULATIONS •- • Mr. William Vines, Vines & Associates, Inc. , stated that Stipulation #11 of the Staff Report requires the property open space to be preserved with only passive recreation allowed. He T advised that the plan for that area contains some recreation facilities, however, specific location of those facilities will be subject to ultimate site plan approval. - - Assistant Natural Resources Management Director Henningsen stated that the petitioner ' s proposal of preserving over 21% of total acreage and leaving it intact is commendable, since 60 acres is upland pine flatwoods which is very rarely left in tact. He advised that the only disagreements were on Stipulation _ #11. He stated he is concerned that the area will turn into ten- nis courts, shuffleboard courts, etc. Dr . Henningsen said that if a clubhouse is to be added, NRMD would prefer to see it placed at the north end of the northernmost lake on an isolated three to five acre parcel. In answer to Mr. Link, Mr . Vines stated that the question of exact recreational facilities cannot be answered at this stage of development. He said it is impossible to tell, at this time, what age mix will be in the development, and this is tied directly to what type of recreational facilities are needed. Mr . Vines added that the area -will probably be deeded to the - — homeowners association and they will have to come back to NRMD. In response to Dr . Benedict, Mr . Vines stated that the wetland which interfaces with Berkshire Lakes is part of the - water- management plan, however under the rules, it cannot be counted as storage, but it will store the water . He stated that - the reason given was that the area is not entirely on their pro- - perty, and cannot be counted as storage. Mr. Vines advised that the southern wetland will probably be removed because the County wants a large easement in that area for drainage for the District 6 Plan. He said the easement is to be 80 ' to 100 ' and it will . encompass the southern wetland. — Mr. Below moved, seconded by Dr. Benedict and carried unani • - mously, that Petition R-86-12C/DRI-86-2C, William Vines, Vines & Associatesr Inc. ,_ requesting a zoning change from A-2 to PUD and DRI approval, Bretonne Park, be recommended for approval with the following stipulations: 1. A site clearing plan shall be submitted to the Natural Resources a tment and- the Community_ ,Development Division for their review and approval prior to any substan- tial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing 4 plan shall clearly depict how the final site layout incor- porates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 4, 1987 2 . Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other spe- cies, if any. The goal of site landscaping shall be the re- creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3. All exotic plants, as defined in the County Code, shall be :)I removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of control techniques and inspection intervals, shall be filed with and approved by the Natural frResources Management Department and the Community Development Division. 4. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all deve- lopment at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5. Littoral zones along lake margins should be at a side slope ratio of no less than 4 : 1 out to a depth of three feet from mean low water levels. 6. Water management designs should promote storm water runoff being channeled to and retained within wetland preserves. 7 . Petitioner will be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal per- mit prior to any land clearing. 8. Under the threat of destruction due to development, all pro- tected plant species must be transplanted in undisturbed, preserve areas or areas subject to the approval of NRMD. Plants will be recognized as protected if listed in the "Official Lists of Endangered and Potentially Endangered Fauna and Flora of Floridan (compiled by the Florida Game and Fresh Water Fish Commission) or any other County, state, or federal lists that are officially recognized for the protection of plant and/or animal species. Plant species to be transplanted include but are not limited to the following: creeping orchid (Habenaria repens) , butterfly orchid (Encydia tampensis) , twisted air plant (Tillandsia flexuosa) , golden poilypody fern (Phlebodium aureum) . All transplantings must be performed by qualified personnel subject to approval by NRMD. 6 ENVIRONMENTAL ADVISORY COUNCIL FEBRUARY 4, 1987 9. All specimens of the endangered cigar orchid (Cyrtopodium punctatum) must be removed and transplanted in areas subject to the approval of NRMD. All transplanting must be by qualified personnel subject to approval of NRMD. 10. All four wetland areas shall be preserved, as well as the oak 1 hammock area found along the northern boundary of the northeastern wetland preserve. Prior to any development of surrounding lands, the preserves shall be flagged; flagging boundaries shall be verified by NRMD. 11. Any recreational facilities shall be located in the northern park ' area at the north end of the northernmost lake, leaving the balance of that area undisturbed. Any clearing of understory vegetation and/or placement of any structures must be reviewed and subject to approval by NRMD. Prior to any development of surrounding lands, the park/open space pre- serve boundaries shall be flagged; flagging boundaries shall be verified by NRMD. 12 . A survey shall be conducted to verify the presence or absence of the red-cockaded woodpecker (Picoides borealis) . If wood- peckers are found nesting with the parcel, the petitioner shall allow sufficient habitat to satisfy nesting require- ments, and the petitioner shall satisfy all County, state (Florida Game and Fresh Water Fish Commission) and federal (U.S. Fish and Wildlife Service) stipulations concerning the woodpecker or any other protected plant/animal species on site at the time of permitting. 13. The petitioner should investigate a program to reduce or pre- vent the growth of cattails (Typha latifolia) in the littoral shelf zone of lakes to be constructed within the project. Petitioner should consider vegetating at least portions of -littoral shelf zone with native species of aquatic plants (NRMD would be pleased to provide pertinent literature and/or - suggested species) . 14. For all of the stipulations above mutual agreements must be reached between NRMD and personnel of the Bretonne Park deve- lopment. If mutual agreements cannot-be reached, the matter will be brought before the EAC or whatever County environmen- tal review board is in power at the time of disputes; this governing entity will act as an arbitrator for disputes. If arbitration is futile, the matter will be brought before the Board of County Commissioners (BCC) , the BCC to act as the final arbitrator. 1 ATTACHMENT D: Water and Sediment Quality Monitoring Parameters . a COLLIER COUNTY GOVERNMENT COMPLEX NATURAL RESOURCES MANAGEMENT DEPARTMENT (774-8454) May 25, 1988 Kevin L. Erwin Consulting Ecologist , Inc . 2077 Bayside Parkway Fort Myers , Florida 33901 RE: Bretonne Park PUD Amendment (PDA-88-5C) Dear Kevin: The following is a listing of the parameters which should be included in the water quality and sediment quality monitoring schedule for the Bretonne Park PUD: Water quality parameters (measured on a monthly or bi-monthly basis) : temperature , pH, salinity, dissolved oxygen, total phosphorus, total orthophosphate, nitrate, nitrite, Kjeldahl nitrogen, total dissolved solids, biological oxygen demand , and pesticides commonly applied to golf courses and lawns. Sediment quality parameters (measured on an annual basis ) : metals in the sediments are the primary concern here. Mac • Hatcher of the Collier County Environmental Science and Pollution Control Department has suggested cadmium, mercury , chromium, and arsenic . I agree with your suggestion that three lakes be monitored . One should be chosen from each of the three areas you mentioned ( the north , the middle, and the south end of the property) . This water and sediment quality monitoring agreement has been included as a stipulation in the NRMD staff report for the PUD Amendment petition, which I have enclosed . If you have any further questions regarding the monitoring requirements or the staff report stipulations, do not hesitate to call . The petition has been scheduled for the June 1 , 1988 EAC meeting (8:45 am, HCC Boardroom) . Sincerely, aIlLCCr.&,--&Z L -Y1,O-/ Andrea Syevens • Natural 'Resources Technician cc : EAC members Al Reynolds 3301 TAMIAMI TRAIL EAST NAPLES, FLORIDA 33962-4977 813-774-8999