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EAC Agenda 01/07/2008 ENVIRONMENTAL ADVISORY COUNCIL AGENDA (Revised Dec. 28, 2007) Monday, January 7, 2008 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")—Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of November 7, 2006 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development PUDZ-2006-AR-9143 Standing Oaks RPUD Section 31, Township 48 South, Range 26 East B. Plat and Construction Plans PPL-2006-AR-9975 Mockingbird Crossing Section 36, Township 48 South, Range 26 East VII. New Business LDC amendment for Special Cycle 2008-1a (Florida Rock Industries, Inc.) I. Old Business A. Update members on projects II. Subcommittee Reports III. Staff Comments A. Ethics: Conflict of Interest—Jeff Wright B. Reminder—Check with staff before amending agenda and vote is needed to amend agenda C. RLSA presentation in November is 3-4 hours. Schedule a full day at a regular meeting or have a special session? IV. Council Member Comments A. Water Use- Richard Miller V. Public Comments VI. Adjournment ******************************************************************* Council Members: Please notify Summer Araque, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on January 2, 2008 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (530-6290). General Public: Any 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Florida Rock Industries, Inc. Private Petition AUTHOR: Doug Lewis and Bruce Anderson in Consultation with County Staff. DEPARTMENT: Transportation Division. AMENDMENT CYCLE: 2008 Special Cycle la LDC PAGE: LDC1:5-6 LDC SECTION(S): 1.04.04 Reduction of Required Site Design Requirements CHANGE: Add that reduction of minimum size, dimension or area of existing yards, lots or parcels is prohibited except where a portion thereof is being acquired for a present or planned public use and/or purpose by the County or another governmental entity or by a private party under an agreement with the County or other governmental entity. This exception already exists in LDC for acquisitions and condemnation by government or dedication to government. The amendment merely adds that the exception also applies where a private party is acting on behalf of government. The amendment also provides that such reduction shall not effect the eligibility of the lot or parcel to sever Transfer of Development Rights (TDR) Credits where the reduction occurs as a result of acquisition for a present or planned public use and/or purpose by the County or another governmental entity or by a private party under an agreement with the County or another governmental entity. REASON: To encourage property owners to sell for purposes of public right of way, their lands for the southern and western portions of the Wilson Boulevard Extension depicted in the North Belle Meade Overlay of the Growth Management Plan. The purpose is to leave owners of Rural Fringe Sending Lands in the same legal position after an acquisition, of their lot or parcel for a public use and/or purpose, as the lands were prior to the acquisition. FISCAL & OPERATIONAL IMPACTS: This will significantly reduce the costs of acquisition of rights of way for a public use and/or purpose within Rural Fringe Sending Lands, because the County will only be paying for the land not for severance damages for TDRs that could no longer be severed from such lots or parcels because of the reduction in size as a result of the acquisition by or on behalf of the County. RELATED CODES OR REGULATIONS: Subsection 2.03.07 D. 4. Transfer of Development Rights (TDR). GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: December 20, 2007 Amend the LDC as follows: 1 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\NAPLES-#543514-v1- LDC_Amendment_Req uest_122007.DOC Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term 1.04.04 Reduction of Required Site Design Requirements A. No part of a required yard, required open space, required off-street parking space, or required off-street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other, structure, or use, except where specific provision is made in this LDC. B. Minimum standards; nonconformities created by public acquisition. 1. All lots or yards created after the effective date of this Code [Feb. 14, 2006] must comply with the requirements then established by this Code. 2. No lot, even though it may consist of one or more abutting lots of record, or yard, existing at the effective date of this Code [Feb. 14, 2006] or lawfully existing on the effective date [Feb. 14, 2006] of applicable amendments to this Code shall thereafter be reduced in its degree of compliance, including its size, dimension, or area, below the minimum requirements then set forth in this Code, except by reason of a portion thereof being acquired for present or planned public use and/or purpose by Collier County or another governmental entity or by a private party under an agreement with Collier County or another governmental entity in any manner, including dedication, condemnation, purchase, and the like. a. Required yards on improved lots , lot area, lot coverage on improved lots, and lot dimensions rendered nonconforming or more legally nonconforming as a result of being acquired for publis-u-se, by Collier County or another governmental entity or by a private party under an agreement with Collier County or another governmental entity may be reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase, or similar method of acquisition for public use, but shall not result in a front yard of less than ten feet (10') in depth. Accordingly, the resulting degree of nonconformity of the area and dimensions of a lot and the required yards with this Code's then current requirements will be deemed lawful unless or until the remaining lot or yard is recreated, typically by re-development, re-plat or lot re-combination, at which time such lots and yards must comply with the requirements then established by this Code. Further, no conforming lot otherwise qualifying for a lot split or lot line adjustment pursuant to Section 10.02.02. B.8; 10.02.02, B.12, 1.04.04 or 9.03.03.A 5 may be denied such approval solely on the grounds that the resulting lot or lots would be less than the required minimum area for such lot(s) in the applicable zoning district as a result of acquisition, from Feb. 14, 2006. b. Other existing site related legal nonconformities, including those rendered more nonconforming as a result of acquisition for public use by Collier County or another governmental entity or by a private party under an agreement with Collier County or another 2 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\NAPLES-#543514-v1- LDC_Amendment_Request_122007.DOC Text underlined is new text to be added. Text strikethrough is cufrent text to be deleted. Bold text indicates a defined term governmental entity and which pertain to this Code's or other county code requirements, such as, but not limited to, stormwater management, landscaping or buffers, preserves, on- or off-site parking, architectural design standards, etc., will be deemed legally nonconforming , and all such resulting nonconformities may be allowed to remain so nonconforming , unless or until the remaining lot or yard is subsequently re-created or re- developed, at which time such site related nonconformities and development must comply with the then existing requirements of this Code. c. In those circumstances where acquisition by Collier County or another governmental entity or by a private party under an agreement with Collier County or another governmental entity of a portion of a lot or yard would result in one or more nonconformities that would require approval of a development order or permit in order to implement the terms of the acquisition, i.e., in order to cure or remedy the effect of an acquisition, (e.g., an SDP or building permit required to relocate a prior existing building ), the County manager, or designee, is authorized to approve such development order or permit so long as any prior existing legal nonconformity of the type set forth in b. above would not be increased. d. A legal non-conforming lot or parcel of less than five (5) acres that was in existence as of June 22, 1999 which is reduced in size or rendered more non-conforming as a result of a portion thereof being acquired by Collier County or another governmental entity or by a private party under an agreement with Collier County or another governmental entity, may be legally reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase or similar method of acquisition by Collier County or another governmental entity or by a private party under an agreement with Collier County or another governmental entity and the resulting lot(s) or parcel(s) not acquired by Collier County or another governmental entity or by a private party under an agreement with Collier County or another governmental entity shall be deemed a legally non-confirming lot or parcel of less than five (5) acres entitled to severance of base and bonus TDR credits at a rate of 1 TDR credit per legal non-conforming lot or parcel pursuant to Section 2.03.07 D. 4. of the LDC. A lot or parcel five (5) acres or larger which is reduced in size as a result of a portion thereof being acquired by Collier County or another governmental entity or by a private party under an agreement with Collier County or another governmental entity, may be legally reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase or similar method of acquisition by Collier County or another governmental entity or by a private party under an agreement with Collier County or another governmental entity and the number of base and bonus TDR 3 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\NAPLES-#543514-v1- LDC_Amendment_Req uest_122007.DOC Text underlined is new text to be added. Text strikethrough is current text to be deleted. Bold text indicates a defined term credits generated from such resulting lot(s) or parcel(s) not acquired by Collier County or another governmental entity or by a private party under an agreement with Collier County or another governmental entity shall be calculated pursuant to Section 2.03.07 D. 4. of the LDC based on the lot or parcel acreage which existed prior to the dedication, condemnation, purchase or similar method of acquisition. 3. This section may be applied to those acquisitions occurring prior to the adoption of this ordinance so long as the purchase or dedication of the property has not closed, or the condemnation proceeding relating to the property acquired has not reached final disposition. C. Other than provided for immediately above, required off-street parking shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this LDC. 4 C:\Documents and Settings\mendicino_c\Local Settings\Temporary Internet Files\OLK5F\NAPLES-#543514-v1- LDC_Amendment_Req uest_122007.DOC ENVIRONMENTAL ADVISORY COUNCIL AGENDA Monday, January 7, 2008 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")—Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of November 7, 2006 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development PUDZ-2006-AR-9143 Standing Oaks RPUD Section 31, Township 48 South, Range 26 East B. Plat and Construction Plans PPL-2006-AR-9975 Mockingbird Crossing Section 36, Township 48 South, Range 26 East VII. New Business I. Old Business A. Update members on projects II. Subcommittee Reports III. Staff Comments A. Ethics: Conflict of Interest—Jeff Wright B. Reminder—Check with staff before amending agenda and vote is needed to amend agenda C. RLSA presentation in November is 3-4 hours. Schedule a full day at a regular meeting or have a special session? IV. Council Member Comments A. Water Use— Richard Miller V. Public Comments VI. Adjournment Council Members: Please notify Summer Araque, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on January 2, 2008 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (530-6290). General Public: Any 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. November 7, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, November 7, 2007 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at North Naples Regional Park Exhibit Hall with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon (excused) Lee Horn Roger Jacobsen David Bishof Nick Penniman Michael V. Sorrell Dr. Llew Williams Richard Miller OTHERS PRESENT: Jeff Wright, Assistant County Attorney Stan Chrzanowski, PE, Planning Review Summer Araque, Senior Environmentalist Susan Mason, Principal Environmental Spec. Bill Lorenz, Director of Environmental Services Melissa Zone, Principal Planner David Weeks, Sr. Planner Ray Smith, Pollution Control Dept. Barry Williams, Director of Parks and Recreation Murdo Smith, Parks and Recreation Chris D'Arco, Environmental Services Nick Casalanguida, Transportation Planning Director Mac Hatcher, Engineering & Environmental Serv. ENVIRONMENTAL ADVISORY COUNCIL AGENDA Wednesday, November 7, 2007 9:00 A.M. Large Conference Room at the Exhibit Hall within North Naples Regional Park Call to Order II. Roll Call Iii. Approval of Agenda IV. Approval of October 3,2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Conceptual Site Plan CSP-2007-AR-12443 "Temporary ATV Park" Section 6, Township 45 South, Range 30 East B. Planned Unit Development PUDZ-2006-AR-10171 "Brandon RPUD" Section 13, Township 48 South, Range 25 East C. Commercial Planned Unit Development CPUD-2005-AR-9127 "Myrtle Woods CPUD" Section 29,Township 50 South, Range 26 East D. CPSP-2005-14,Comprehensive Plan amendment petition requesting amendments to the Future Land Use Map and map series to re-designate Rural Fringe Mixed Use District Sending Lands to either Receiving Lands or Neutral Lands, for twenty properties comprising +283 acres. [Coordinator: David Weeks,AICP, GMP Planning Manager]Adoption Hearing E. CPSP-2005-15, Comprehensive Plan amendment petition requesting amendment to the Transportation Element to add new policies providing for Thoroughfare Corridor Protection Plans. [Coordinator: Nick Casalanguida, Transportation Planning Director] Adoption Hearing F. CPSP-2005-16,Comprehensive Plan amendment petition requesting amendments to the Future Land Use Map series map titled Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs Map.[Coordinator: David Weeks, AICP, GMP Planning Manager]Adoption Hearing VII. New Business A. Pesticide/herbicide testing In ground water and Sodium in GGE wells—Ray Smith, Rob Ward, and Rhonda Watkins of Pollution Control B. Recommendation to the BCC on Watershed Basin Priorities—Mac Hatcher of Environmental Services Department VIII. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments 1 A. Address and e-mail address—Can we give to Rookery Bay? B. Redundant stipulations—The CCPC is requesting to not require redundant stipulations or items in the PUD documents. XI. Council Member Comments XII. Public Comments XIII. Adjournment ******************************************************************* Council Members: Please notify Summer Araque, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on Thursday, November 1,2007 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (530-6290). General Public: Any 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 proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. 2 November 7,2007 I. Call to Order The meeting was called to order at 9:01 A.M. by Chairman Hughes. II. Roll Call Roll Call was taken and a quorum was established. III. Approval of Agenda Mr. Penniman moved to approve the agenda noting a requested time certain for Item VII. E. at 1 pm. Second by Mr. Jacobsen. Carried unanimously 8-0. IV. Approval of October 3, 2007 meeting minutes Mr. Jacobsen moved to approve the October 3, 2007 meeting minutes. Second by Mr. Horn. Carried unanimously 8-0. V. Upcoming Environmental Advisory Council Absences Dr. Williams will not be present for the February meeting. VI. Land Use Petitions A. Conceptual Site Plan CSP-2007-AR-12443 Temporary ATV Park Section 6, Township 45 South,Range 30 East A memo from Council member Hushon subject "Comments on the Proposed ATV Park dated 10/31/07 was entered into the record (see attached). Mr. Penniman disclosed that he had conversations with Nancy Payton of Florida Wildlife Federation, Brad Cornell of the Collier County Audubon Society and Nicole Ryan of Conservancy of Southwest Florida. The presenters were sworn in. Richard Woodruff of Wilson Miller introduced the Petition representing Collier County Parks and Recreation Department and the Big Cypress Water Basin for the application for a temporary ATV park on lands owned by Alico, Inc. He noted he also represents Alico, Inc. in various land issues; however Alico has no interest in this issue other than the owner and lessee. The parcel is 160 acres in size and located in the north portion of the County. Barry Williams, Collier County Director of Parks and Recreation provided a brief history of the proposal. On 10/08/2003 the Southwest Management District for the District agreed to convey a parcel of land to the County for an ATV site in exchange for lands taken for the Everglades restoration project. On 1/10/07 the Board of County Commissioners and Southwest Florida Water Management District reached agreement on the Conveyance of a 640 acres parcel to be this 2 • November 7, 2007 site. A 160-acre temporary site parcel is proposed for lease until completion of construction of the permanent ATV Park. This leased parcel is the Petition in front of the Council today. The Petition is for a Temporary Use Permit. Barry Williams (P&R) stated the dredging occurring at Lake Trafford has been delayed due to drought conditions and will not be completed for some time. Upon completion of the dredging, the material from Lake Trafford is to be placed on the permanent site with a waiting period of 18-24 months for the material to dry before construction may initiate. Mr. Sorrell asked if Mr. Williams was aware of the high copper content of the material in Lake Trafford. Barry Williams (P&R) stated that the permanent site would be addressed at a later date. Mr. Penniman asked if there was any archeological review of the dredging of the Lake Trafford site. Barry Williams (P&R) stated that the permanent site would be addressed at a later date. Mr. Jacobsen noted that issues with the permanent site could have a bearing on the temporary use duration. Richard Woodruff stated that this is a one-term lease and will not be renewed due to Stewardship issues with this property. The overall duration of the lease, with extensions is from 5/10/2007 through 5/10/2010. The next step will be application for additional permit approvals. He also provided an overview of the project noting the following: • The site is 160 acres but the area of riding use is much smaller due to environmental constraints • There are no permanent structures proposed • The parking area will be grass with no improvements (culverts,paving, etc.) • A helicopter pad consisting of a mowed area is proposed • Restrooms will be via port-a-johns • Hour of operation are 2 weekends monthly, Friday, Saturday, or National Holiday from SAM to 5PM • The trail area will be cordoned off by hay bales and silt fences • Permits will be required as well as educational courses for riders • On-site Rangers will patrol the site with any violations resulting in permit revocation and ejection from the site In regards to listed species identification he noted: • A watering station or previous dipping station for Caracara • This area will be cordoned off and soil samples by the County will be taken and these results will determine if the site will be restricted permanently • A full Environmental Impact Statement has not been prepared • A primary protection zone has been established of a radius 985 feet; a secondary zone of 2300 feet may be required by Fish and Wildlife 3 November 7, 2007 The Petitioner is requesting an approval based on the requirement of a primary zone only, if a secondary zone is required the Petition will be withdrawn. Murdo Smith of the Parks and Recreation Department presented the Management plan and stated at the time the plan was prepared the concern of the Caracara nest was not identified. He noted the following: • Rider reservations will be required and obtained at Exhibit Hall • Hours 8am to 5pm 2 weekends a month • 50 vehicles is the maximum allowed at one time • Helicopter Airlift service is proposed • Factory installed exhausts will be required, was well as protective head gear and clothing • ATV are prohibited from wetland areas with a maximum speed of 25 mph Mr. Horn asked if there was a Management Plan for Black Bear or Florida Panther. Tom Trettis, Ecologist of Wilson Miller stated that Fish and Wildlife had determined no impacts to the Panther. There is a possibility of Black Bear activity; however no Management plans were requested. Barry Williams (P&R) noted that South Florida Water Management District received a letter from US Fish and Wildlife regarding the Caracara issue. Susan Mason noted that at meetings Management Plans were recommended for any listed species on site. Mr.Jacobsen requested clarification on the requested activity of the Council, vote versus an opinion. Mr. Wright, Assistant County Attorney recommended a motion of approval or denial of the temporary use permit with or without stipulations. Dr. Williams asked if an Environmental Impact Statement(EIS) is required. Assistant County Attorney Jeff Wright stated that his understanding that if an issue would have a substantial impact on Environmental Quality than an EIS is required. Susan Mason,Principal Environmental Specialist,noted this is a unique situation and it was determined by the County that at this level an EIS is not required. When the Conditional Use application is submitted,it will be required. Bill Lorenz,Director of Environmental Services concurred this was a unique situation and through all reviews, it was determined that no EIS would be required based on the US Fish and Wildlife assessment that no listed species were impacted. This determination was made before the Caracara area was identified. Richard Woodruff stated that Fish and Wildlife will make the final determination of species impact. 4 November 7, 2007 Mr. Miller noted that a Temporary Use Permit is usually a duration of 14 days; this Petition is for at least one year and was concerned with setting a precedent in this process. Mr. Bishof asked if the site will be restored upon termination of the lease and if so, should a bond be required to ensure completion Richard Woodruff stated the lease requires the site to be returned to its pre-lease condition. This would be an easy process based on the type of disturbances proposed and the landowner can assist in the restoration. The landowner would be acceptable to the County providing a bond. He also stated the perimeter of the property is encompassed by fencing. Mr. Sorrell asked the protection status of the Caracara. Speakers Nancy Payton of the Florida Wildlife Federation among the points noted the following: • In response to Mr. Sorrell's question,the Caracara is a listed species • There is not enough information for the Council to make a responsible decision • There are Caracara and Florida Panther issues • There is no biological opinion from Fish and Wildlife • There is no Habitat Conservation Plan which is a long process • No special consideration should be given to the Collier County or South Florida Water Management District • The Collier County Comprehensive Plan directs incompatible uses away from listed species. This is an incompatible use. She recommends continuance or a denial of the petition as presented. Nicole Ryan,Conservancy of Southwest Florida among the points noted the following: • The petition does not constitute a temporary use • A full EIS should be required • A lack of a Management Plan for Black Bear,Florida Panther, etc. • A private developer would not qualify for approval as presented She recommends denial of the petition as presented. Chairman Hughes cited the lack of information presented and proposed the Petitioner request a continuance. Richard Woodruff stated he did not want to request a Continuance and requested a decision at this point. Barry Williams (P&R) stated that he is working under the direction of the Board of County Commissioners and understands the uniqueness of the proposal and the area will be restored to its pre-lease condition. In general private developer projects do not propose developing a parcel,then returning it to its previous 5 November 7, 2007 condition. He is not seeking special treatment by the Council and requested a continuance to address the issues herein. Mr. Jacobsen noted the plan is well thought out, but does not have the adequate information to make a decision at this point. Mr. Jacobsen moved to continue the Petition to the next meeting. Second by Mr. Horn. Carried unanimously 8-0. Break: 10:20 A.M. Re-convene: 10:27 A.M. B. Planned Unit Development PUDZ-2006-AR-10171 "Brandon RPUD" Section 13, Township 48 South, Range 25 East The presenters were sworn in. Mr.Jacobsen disclosed that he had walked the site. Mr. Miller disclosed that he resides at Strand, easterly of the project. Patrick White, Attorney from Porter Wright Morris and Arthur representing Eastbourne Bonita, LLC provided a brief overview of the project noting a Continuance from the last agenda to address a staff concern. The request is to rezone approximately 51.1 acres from Agriculture (A) and Special Treatment Overlay zone to Residential Planned Unit Development. A Master Concept Plan has been provided with the application which shows the location of Livingston road and Della Rossa proposal to the West, Agricultural zone land and Royal Palm Academy to the South; FPL easements to the East. The request is for the maximum density of 204 residential units or 3.99 units per acre. Patrick White qualified Kendra Willet of Johnson Engineering as an expert witness in the area of Wildlife issues. Kendra Willet provided a power point presentation for the proposal. She noted the following: • Approximately 40 acres of the site are wetland, • Approximately 7 acres are proposed as preserve • Drainage water will enter the preserve following treatment • A protective species survey in May of 2006 indicated no presence of protective species; 3 areas were found for potential of leaf nest for the Big Cypress Fox Squirrel • A Management Plan has been provided for the Fox Squirrel • The application is consistent with the Growth Management Plan and LDC • The applicant has agreed with the Recommendations in the Staff Report that a note be added before the project is reviewed by the Collier County Planning Commission: 6 November 7, 2007 a. "Remaining Preserve Area is defined at the "time of the next" development order.... b. the end of the note "shall be located adjacent and contiguous to the preserve shown on the site master plan Mr. Penniman asked why the drainage flows to the Southwest. Chris Hagen of Johnson Engineering stated the drainage is based on existing conditions created by previous construction in the area. He reviewed the Lidar Map noting the project is draining into a restricted discharge basin and overall will provide for minimal offsite discharge and will not affect the receiving area. The detailed information will be presented at the Site Development Plan level. Mr. Bishof noted the wetland elevations were based on adjacent site data and asked if an existing and proposed on site hydrology analysis was conducted to determine the elevations. Chris Hagen stated that detailed studies on site had not been completed. The project is in the conceptual stages and established elevations are based on previous information established in the area. Mr. Bishof also asked why the seasonal high, established as wetland for the site is elevation 11.7', 1 foot below the existing grade of 12.7', yet the site is characterized as wetland. Chris Hagen stated that the site is in transition to upland and if undisturbed within 10 years the site would be an upland community. This is due to the fact existing developments have altered the historic flows into the site. Stan Chrzanowski, PE, Planning Review stated that the difference in the database for the elevations could be causing confusion. The proposed conceptual plan is based on NGVD elevations for the Water Management District as opposed to NAVD Lidar elevations. NGVD elevation base is approximately 1 foot higher than the NAVD. Mr. Bishof noted no matter which database is utilized for the conceptual plan (and it is not indicated), the natural hydrology that exists on this site, not adjacent sites (which may or not be accurate)needs to be utilized in planning; not elevations based on previous developments. The elevations as provided will effectively drain the wetland groundwater as opposed to re-hydrating it and the issue needs to be addressed. Chris Hagen agreed with Mr. Chrzanowski's comment that the confusion is caused by the elevations and that 1.3' added to the existing 11.7' elevation shown on the conceptual plan will provide an established wetland elevation of 13.0' hydrating the wetland. Mr. Bishof requested Mr. Hagen review the conceptual plan. After reviewing the conceptual plan, Mr. Hagen agreed the data shown is incorrect and he needs to look at revising the elevation data on the plan. Mr. Bishof stated with the revised elevation data, it is still a concern on how the hydrology of the site will be impacted with the proposed project. 7 November 7, 2007 Mr. Miller asked what the proposed residential uses would consist of in terms of single family units vs. multi family units, accessory structures, building heights, etc. Laura Spurgeon of Johnson Engineering stated that the exact design standards have not been proposed at this point,but the uses will be the maximum allowed under the Land Development Code standards; single-family 35 feet maximum height or multi family 50-foot maximum height. Melissa Zone, Collier County Principal Planner noted that the issues today are environmental and the size and height of structures proposed would be addressed at the Planning Commission hearings. Chairman Hughes stated that these issues could be considered environmental issues. Chairman Hughes requested Mr. Chrzanowski address the drainage issues associated with the project. Stan Chrzanowski noted that the Livingston Road construction affected the pre existing drainage patterns in the area and the drainage considerations proposed in the conceptual plan are on the right track A question was asked if the presenters had taken into account the Staff Report item V.C.2 noting the Master Plan is being required to show a pedestrian connection for a future pedestrian interconnection between Brandon PUD and developments in the west. It was also noted these items are important as the proposed or required infrastructure could affect Stormwater flows. Patrick White stated after discussing this issue with Planning and Transportation Staff, it is not applicable and the details will be addressed in the Planning Commission hearings. Dr. Williams requested clarification of section VI.A. Paragraph 4 of the Staff Report addressing the stormwater management system. Chris Hagen stated that the intent of the on-site Stormwater design is to have all the stormwater enter the lakes for treatment and direct only treated water into the wetland preserve. Mr. Bishof stated there are many water quality issues with this site and areas off site that may be adversely affected. The level of detail provided at this point does not fully address these issues. Chris Hagen agreed that these items need to be addressed and that level of detail will be provided at the next review stage for the County and South Florida Water Management District. These jurisdictions heavily regulate these issues to ensure water quality. Mr. Penniman noted the large amount of impervious surface areas proposed for the project. Chris Hagen noted that the project proposes Code deviations for required sidewalks in some areas and would aid in the quality of the water falling on 8 November 7, 2007 impervious areas as the quality of water draining from roofs and buildings is of a higher quality than roads and sidewalks. Patrick White stated he appreciated the level of detailed questions and assured the Council that these detailed issues will be provided at the Site Development Plan level and addressed by those various Agencies and requested a recommendation of approval for the Petition. Melissa Zone stated that Staff does not support the request for the sidewalk deviations requested. Mr. Miller expressed concern over the lack of specificity of the building design characteristics and noted this could have an impact on the character of the neighborhood. Laura Spurgeon re-iterated that the structure design will be in accordance with the Land Development Code standards with the maximum intensity allowed. She noted that the project is 2-3 years away from completion and the level of detail requested is not available. Mr. Horn expressed concern of the lack of general building footprints. Bill Lorenz stated that the Petition review should focus on the environmental impacts and some of the questions require more detail than required at this level. Mr. Penniman moved to deny the Petition on the basis of the fact this is 78 percent existing wetland and intense development of such uncertain specifications being put on here is probably not the appropriate way to develop this kind of land. In addition has huge questions over Mr. Bishofs concerns regarding the wetlands. Second by Mr. Jacobsen Patrick White stated the Petition meets the threshold of what they were to demonstrate to the Council, and is inappropriate to go afield and raise inquiries that they don't have the answers for at this time. He stated if they have concerns over the process they should change the process. The project meets the requirements for approval and the Committee has asked for a level of detail they are not required to provide. He asked for a reconsideration of the motion. Mr. Bishof asked if the Petition would come back before the Council at a future date with more detailed information. Summer Araque noted that it would not come back to the Council, if approved it will be forwarded to the Planning Commission for the Site Development Plan Process. Motion carried 7-1. Chairman Hughes voted no. C. Commercial Planned Unit Development CPUD-2005AR-9127 "Myrtle Woods CPUD" 9 November 7, 2007 Section 29, Township 50 South,Range 26 East The presenters were sworn in. Dwight Nadeu, Planning Manager for RWA, Inc. representing the applicant provided a brief overview of the property indicating it is a 7.0+1- acre property located at the intersection of US 41 and Myrtle Lane and proposed for rezone from PUD and C-4 to CPUD. • The use will be solely for commercial use, maximum of 61,000 sq. ft. • The site is primarily pioneering vegetation and there is a small wetland on the property which Staff has accepted as the required preserve area • An endangered species survey indicated a Gopher Tortoise residing in a more upland area of the project. Ray Ashton, County Gopher Tortoise expert, was contacted for an opinion if the Gopher Tortoise could reside long term in the 1 acre preserve. Mr. Ashton indicated it could reside in this location but after more investigation Staff determined this was not a viable option and that the Gopher Tortoise should be relocated off site. The applicant has agreed to re-locate the tortoise • Local traffic on Myrtle Lane will be re-routed through the development area • The project is instrumental in the Lely Area Stormwater Improvement Project by assisting in correcting the regional drainage patterns • A groundwater recharge and well site has been provided in the Southeast corner of the project for distribution throughout the County. An easement for the area will be provided to the County • A neighborhood information meeting was conducted Mr. Penniman left the meeting at 11:42A.M. Mr. Miller asked if the re-routing of Myrtle Lane traffic is via a right-of-way or an easement. Dwight Nadeau responded it is a dedicated easement with a traffic separator from the development. Dr. Williams if the sanitary sewer area has been subject to periods of historic flooding. Dwight Nadeau responded that he has no record of flooding; the lift stations are property of Collier County and would have to contact the Utilities Division. The stormwater drainage design will ensure adequate removal of stormwater to the existing and proposed infrastructure. Mr. Bishof asked if the re-location site for the Gopher Tortoise has been determined. Jason Hunt, of Passerella&Assoc.,Inc. stated the site has not been determined. Chris D'Arco, of Environmental Services stated Staff recommends approval of the re-zone with the following conditions: 10 November 7, 2007 • An FWCC relocation permit shall be obtained for relocation of one Gopher Tortoise found on site prior to commencement of any construction activities and a copy shall be forwarded to Environmental Services Staff and a report provided to the Staff • Provide a report to the Environmental Services staff on the results of the relocation of the gopher tortoise within thirty days of relocation. Provide the number of burrows excavated, the number of tortoises relocated, and the final relocation site • A copy of the results of the SFWMD jurisdictional determination shall be forwarded to the County Staff upon its issuance Dr. Williams moved to accept to the Petition subject to the given the stipulation subjects of the Gopher Tortoise removal. Second by Mr. Jacobsen. Motion carried unanimously7--0. Break: 12:02AM Reconvene: 1:00PM E. CPSP-2005-16,Comprehensive Plan amendment petition requesting amendment to the Transportation Element to add new policies providing for Thoroughfare Corridor Protection Plans Nick Casalanguida, Transportation Planning Director presented the "CSP-2005- 15 Environmental Staff Report Meeting 11/7/07" for Thoroughfare and Protection Plans and reviewed the proposed changes. Dr. Williams noted that language on page#1,Policy 3.5 Introduction should contain the language, "consistent with State Comprehensive Plan". Mr. Miller noted the document should utilize consistent wording in rights-of- ways,right of way, etc. Mr. Jacobsen moved to approve the Petition. Second by Mr. Williams. Carried unanimously 7-0. D. CPSP-2005-14, Comprehensive Plan amendment petition requesting amendments to the Future Land Use Map and map series to re-designate Rural Fringe Mixed Use District Sending Land to either Receiving Lands or Neutral Lands for twenty properties comprising 283 +1- acres. David Weeks, Planning Manager presented "CSP-2005-14 Environmental Advisory Council Staff report meeting of 11/7/07" for re-designated Rural Fringe Mixed Use Districts and reviewed the proposed changes. He requested a motion to approve the staff recommendation in the re-designation of the parcels as follows: • parcels 1,2,91,92 from sending lands to receiving lands • 36-41, 95 from sending lands to neutral lands 11 November 7, 2007 • 96 from sending lands to neutral lands with the exception of the southeasterly 3.7 +1- acres He further requested that parcels 3-10 remain as sending lands and not be re- designated. Mr. Penniman returned at 1:18PM Speakers Nancy Payton of the Florida Wildlife Federation submitted a letter to the Council supporting the Staff recommendations and parcels 3-10 remain as sending lands. Mr. Jacobsen moved to accept the proposal by Mr. Weeks with his caveats. Second by Mr. Horn. Carried unanimously 8-0. F. CPSP-2005-16, Comprehensive Plan amendment petition requesting amendments to the Future Land Use Map series map titled Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs Map. David Weeks, Planning Manager presented to the Council "CSP-2005-16 Environmental Advisory Council Staff Report of meeting 11/07/07". He also provided an overview of the well field protection zone maps with regulatory requirements within this area. These maps contain zones of control. A technical report prepared by the Pollution Control Report was the basis for the designations. These maps are available at a larger scale on the zoning maps. Chairman Hughes asked Ray Smith of the Pollution Control Department to review any perceived threats to the groundwater quality within the County. Ray Smith of the Pollution Control Department reviewed the procedure utilized in developing the maps which included contacting the Utility Companies and incorporating their existing sources and demands into the maps. The land uses for potential pollution sources are either prohibited or monitored annually(gas stations, hazardous waste generators, etc.) to make sure the materials are handled appropriately. These do not include generic commercial or residential uses. He noted the well fields are deep and protected in most cases from general uses by a confining layer of soil. Chairman Hughes asked whether excavations or mining are regulated to the extent necessary to protect the groundwater resources. Ray Smith noted that Collier County and the Federal Government regulate mining activities to ensure protection of water quality. Chairman Hughes suggested excavation permits be required in these protection zones. Bill Lorenz, Director of Environmental Services noted that excavations are not allowed to penetrate below the confining layer. The Groundwater Protection Ordinance does address excavations in these zones. 12 November 7, 2007 Chairman Hughes moved to accept the presentation with the caveat the Planning Commission consider additional regulation pertinent to excavation permits the first two zones from the wellhead. Second by Mr.Horn. Carried unanimously 8-0. VII. New Business A. Pesticide/herbicide testing in ground water and Sodium in GGE wells—Ray Smith,Rob Ward and Rhonda Watkins of Pollution Control Continued B. Recommendation to the BCC on Watershed Basin Priorities-Mac Hatcher of Environmental Services Department Break: 1:48PM Re-convene 2:04PM Mac Hatcher of Engineering and Environmental Services Department presented the "Watershed Management Plans Prioritization Discussion for EAC Recommendations" to the Council. The Council viewed a Power Presentation on the Priorities. Mr. Miller asked how the information will be utilized. Mr. Hatcher stated it will be utilized in Growth Management Planning and help define goals for watershed management. Bill Lorenz, Director of Environmental Services, noted that 2006 Evaluation and Appraisal Report Growth Management Plan (GMP)required prioritization of Watershed Management Plans to be completed by January 2008 with the Watershed Management Plans to be completed by 2010 and address 4 elements: • Water Quality • Flood Control • Natural Systems (wetlands, listed species) • Water Supply Mr. Penniman moved to recommend to the Board of County Commissioners the thoughtful, constructive and timely analysis by the Environmental Service's Department recommendation on prioritization of the Watersheds of Collier County. Second by Mr. Jacobsen. Carried unanimously 8-0. VIII. Old Business A. Update members on projects Susan Mason noted the Board of County Commissioners denied the Fawzy Application. IX. Subcommittee Reports 13 November 7, 2007 None X. Staff Comments A. Susan Mason asked if Council members would like to establish Collier County e- mail addresses for Council business. All members were in approval with the exception of Mr. Sorrell due to technical issues. The Council determined that the addresses could be forwarded to Rookery Bay Reserve as requested. B. Redundant stipulations—The CCPC is requesting to not require redundant stipulations or items in the PUD documents. Susan Mason noted the Planning Commission's request to eliminate redundant information (i.e. LDC requirements) in their motions. XI. Council Member Comments Mr. Penniman requested clarification on Chairman Hughes "no"vote on item VIB, Brandon RPUD. Chairman Hughes responded that the"no" vote was based on arguments heard that were not in the Environmental Advisory Council's purveyance. In his opinion, an argument such as building design specifications are acceptable if it is truly an environmental concern, not a building design consideration regulated by another body. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 2:50 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 14 Item V. A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF January 7, 2008 I. NAME OF PETITIONER/PROJECT Petition No.: PUD Rezone, PUDZ-2006-AR-9143 Petition Name: Standing Oaks RPUD Applicant/Developer: Standing Oaks, L.L.C. Engineering Consultant: Dwight Nadeau, RWA, Inc. Environmental Consultant: Passarella& Associates II. LOCATION The subject X41.1 acre property is located adjacent to the east side of I-75, west of Oakes Boulevard and north of Vanderbilt Beach Road. Direct vehicular access to the site is proposed via Standing Oaks Lane and Shady Oaks Lane which connect to Oakes Boulevard. The subject property is located in Section 31, Township 48, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES The proposed Planned Unit Development (PUD) is bordered by Malibu Lakes MPUD to the north, Estates zoning to the east, Agriculture zoning to the south, and I-75 right-of-way to the west. ZONING DESCRIPTION North: Malibu Lakes MPUD Residential and commercial development East: Estates A canal and some residential development and vacant lots South: Agriculture Vacant West: Wilshire Lakes PUD Interstate Highway 75 and residential development EAC Meeting Page 2 of 8 IV. PROJECT DESCRIPTION The Standing Oaks RPUD shall be a residential development consisting of any of the following: detached single-family residences, attached single-family villas, attached townhouses, and multi-family residences. The amenities include structures and areas to provide social and recreational space such as lakes, and natural and landscaped open spaces. It is anticipated that the project will have a single clubhouse tract that will be developed with a clubhouse and outdoor recreational improvements including swimming pools, tennis courts, a playground, and potentially a basketball court and a volleyball court. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element: The subject RPUD site is located within the "Urban Designation,Urban Residential Subdistrict"on the Future Land Use Map (FLUM) of the Future Land Use Element(FLUE) of the Growth Management Plan(GMP). Relevant to this petition, the "Urban Designation, Urban Residential Subdistrict" permits residential developments (variety of unit types) at a base density not exceeding four(4)residential dwelling units per gross acre as well as recreation and open space uses. The Standing Oaks PUD proposes to develop a maximum of 164 residential dwelling units on a 41.1+/-acre site, which is equivalent to four (4) dwelling units per gross acre. This proposed density is consistent with the four (4)unit per gross acre base density limit contained within the "Urban Residential Subdistrict"of the FLUE. The proposed Standing Oaks PUD residential development includes detached single family dwellings, attached single family villas and/or townhouses, and/or other multi-family residences, a lake, recreation area and preserve areas. These proposed uses of the site are consistent with the "Urban Residential Subdistrict" of the FLUE. In summary, the proposed use of the site for the proposed Standing Oaks PUD is consistent with the FLUE of the GMP. Smart Growth: Standing Oaks PUD proposal is consistent with Objective 7, Smart Growth. Policy 7.1: In view of the fact that the site does not front on a collector or arterial street, this policy does not apply. Policy 7.2: This PUD includes the construction of an on site internal loop street with sidewalks on both sides to provide good internal vehicular and pedestrian access within the site. EAC Meeting Page 3 of 8 Policy 7.3: Upon review of Section 2.5 D of the PUD document, it is clear that the developer proposes the construction of either a 10-foot shared use path or 5- foot sidewalks on Shady Oaks Lane and Standing Oaks Lane to connect with the Oakes Boulevard right-of-way or any sidewalk lying on the west side of Oakes Boulevard, thus providing for a walk able community for the future residents of Standing Oaks PUD. Policy 7.4: Standing Oaks PUD, as proposed, does comply with this policy by providing a blend of densities, common open spaces, civic facilities, and a range of housing types and prices. In summary, this RPUD is consistent with and in furtherance of Objective 7 of the FLUE entitled, "Smart Growth". Transportation Concurrency: This RPUD is not located within a Transportation Concurrency Management Area of Transportation Concurrency Exception Area. CONCLUSION Based upon the above analysis, staff concludes that the proposed rezone and PUD may be deemed consistent with the FLUE of the GMP. B. Conservation & Coastal Management Element Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states, "All canals,rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that, policy 2.2.2 states, "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge)to the estuarine system." This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing a wet detention area to provide water quality retention and peak flow attenuation during storm events prior to discharging into the I-75 (D-2) Canal. The Project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation and Coastal Management Element for the following reasons: • The native vegetation requirement has been fully satisfied per Section 6.1.1 in the PUD. EAC Meeting Page 4 of 8 • In accordance with Policy 6.1.1(4) areas that were known to be utilized by listed species were designated as preserve areas. • In accordance with Policy 6.1.4, habitat management will continue in perpetuity. The preserve area shall remain free of Category I invasive exotic plants, as defined by the EPPC. • In accordance with Policy 6.1.7(3) littoral shelves in the wet detention areas will be provided. • The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. • The requirement for Policy 6.2.1 will be met upon acceptance of the SFWMD Environmental Resource Permit (ERP) application. • The requirements of Policy 6.2.4 will be met once the SFWMD ERP application has been approved. The application was submitted with no wetland impacts shown. • In accordance with Policy 7.1.2, a listed species survey was conducted on the property in accordance with Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. One gopher tortoise burrow was observed and will be retained within the Preserve. • In accordance with Policy 11.1.2, correspondence with the Florida Department of State Division of Historical Resources (DHR) has been received. VI. MAJOR ISSUES A. Stormwater Management Standing Oaks is a 41.1 acre project that sits on the west bank of the I-75 (D-2) Canal and on the east side of I-75 about a half mile north of Vanderbilt Beach Road. The project sits entirely within the I-75 Canal Basin and the Drainage Atlas of Collier County shows discharge to the east into the I-75 Canal which flows south to the main Golden Gate Canal. The petitioner does not propose to route runoff through any uplands or wetlands, so the water management aspects of this project are, technically, exempt from • EAC Meeting Page 5 of 8 review by the Environmental Advisory Council because this project will be reviewed by the South Florida Water Management District. Section 8.06.03.0.2. of the Collier County Land Development Code states, "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged into Preserves as allowed in Section 3.05.07." Instead of achieving water quality in grassed swales and dry retention / detention areas, the petitioner proposes hard piping that conveys stormwater runoff directly from the roads into the lakes. This is an acceptable means of achieving water quality. The main discharge elevation in the control structure must be set above the control elevation of the lake (the Wet Season Water Table) high enough to detain the proper amount of water in the lake prior to discharge. In this case that amount of water will be 1.5 inches of runoff (minimum) from the developed portion of the site. The volume of the lake, which is a function of both the area and the depth, achieves the desired residence time The points of discharge into the lake should be as far as possible from the point of discharge from the lake and the configuration should promote mixing. B. Environmental 1. Site Description The 41.11 acre site consists of 25.83 acres of Pine, Disturbed(0-24%Exotics) and 3.63 acres of Pine, Disturbed (25-49% Exotics). Brazilian pepper and melaleuca were the exotic species observed in the native habitats. The other areas were cleared and include single-family residences, a reptile farm, the maintenance garage, and improved roads. There are no potential South Florida Water Management District (SFWMD) or U.S. Army Corps of Engineers (COE) jurisdictional wetlands. A total of 3.6± acres of potential SFWMD "other surface waters" (OSW) were identified on the Project site. 2. Wetlands No potential SFWMD/Collier County jurisdictional wetlands were identified on- site. Approximately 3.60 acres of potential SFWMD OSWs were identified within the Project limits. The OSWs consists primarily of inter-connected, man- made Ponds (FLUCFCS Code 520) that are associated with existing residences. An ERP application has been submitted to the SFWMD and a verified wetland determination has been conducted on-site. EAC Meeting Page 6 of 8 3. Preservation Requirements Permit research in the County records revealed approximately 4.97 acres of lands that were disturbed or cleared with proper authorization. Additionally, it was determined that approximately 1.93 acres of lands may have been disturbed for installation of accessory structures associated with the prior permitted agricultural land use that County Environmental staff has determined to require after-the-fact vegetation removal fees. The total of those disturbed lands is 6.9± acres of vegetation that were cleared from the Project site. The remaining acreage on the property (34.21± acres) was used to calculate the native vegetation retention requirement. The applicant's proposed preservation of 8.57± acres of native vegetation meets the 8.55± acre (i.e., 25 percent of 34.21± acres) requirement. Staff coordinated with the applicant on the preserve selection and has found the 8.57± acre preserve to be in compliance with the native preservation requirements of the LDC. The 8.57± acre preserve will have approximately 0.70 acre of re- created native habitat. 4. Listed Species Listed plant and wildlife species surveys were conducted by the environmental consultant on November 17, 2005 and March 16, 2007, with an updated survey conducted on October 12, 2007. The results of the most recent survey found one active gopher tortoise burrow on-site. The burrow was identified in the Pine, Disturbed (25-49% Exotics) habitat, adjacent to the north property boundary. The burrow will be preserved in place in the 8.57± acre preserve. The upland preserve is contiguous with the gopher tortoise preserve on the Tarpon Bay development located immediately north. No state or federal listed plant species were observed during the surveys. VII. RECOMMENDATIONS Staff recommends approval of Standing Oaks RPUD. • Item V. B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF January 7, 2008 I. NAME OF PETITIONER/PROJECT Petition No.: PPL-2006-AR-9975 Petition Name: Mockingbird Crossing Subdivision Construction Plans Applicant/Developer: Caloosa Development, LLC. Engineering Consultant: Q. Grady Minor&Associates, PA Environmental Consultant: Passarella&Associates, Inc. II. LOCATION The Mockingbird Crossing project totals 110.90± acres and is located in Section 36, Township 48 South, Range 26 East, Collier County. Parcels of land located north of Vanderbilt Beach Road extension and east of Collier Boulevard. III. DESCRIPTION OF SURROUNDING PROPERTIES The parcel lies to the east of Massey Avenue and is approximately one-half mile north of Vanderbilt Beach Road. The site is generally bordered on the west by Massey Avenue and the Vanderbilt Country Club; on the north by Calusa Pines; on the east by Golf Club of the Everglades; and on the south by partially developed single-family, conventionally zoned property. ZONING DESCRIPTION N - Rural Agricultural Calusa Pines S - Rural Agricultural Single-family homes E - Rural Agricultural Golf Course W - Rural Agricultural, Planned Unit Development, Vanderbilt Country Club IV. PROJECT DESCRIPTION The proposed Project is for Construction Plans & Plat for 110 Single Family lots on 110 acres single-family residential community. The concept plan was designed EAC Meeting Page 7 of 8 PREPARED BY: fr/ _ 13 bet 07 STAN CHRZAN S 'SKI, P.E. DATE ENGINEERING 41 VIEW MANAGER ENGINEERING SERVICES DEPARTMENT kV/051 7 • MER A UE DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT LaoL a� \B07 NANCY G LA i ICP DATE PRINCIPAL ANN ' DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 8 of 8 REVIEWED BY: k_kb,V0- /� aV A / 2--p-r7 BARBARA S. BURGESON DATE PRINCIPAL ENVIRONMENTA PECIALIST ENVIRONMENTAL SERVICES DEPARTMENT Z-ig 07 SI LIAM D. LORE Z, Jr., E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR 2-1 (g/0 - JEFF W T DAT ASSISTA COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: .1111. 1 /e/07 J• 'H K. SCHMITT D TE O► MUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES MINISTRATOR �. '.i y 1 .4 Y i l 1 k =�" I 11 l NIIIIsl-.67 '1. -":::1,-----.14I17= yd — r.t__,r_ ...., , 7- 4 low 1(11! IF 0.,„ - ,. i , 4 I '* * 0 ' • 41 1 ° '' ' -''- k , . 4 ir 1 AM* . - i. A " * �► , ,it to 4k 1 ; I' I ill t 4A, , ''' , jai:,,I • t it ilk let 4, 1 I I \ , . t 0 (:40E' - 3' b-: f . a 440 s [(wow- ,,,'14,,,,Aft ti of i A ill 111 \ Ly" I e t� ..�,. 4 , r .. t • A t II* 4. „,.#1(..„,..\ N. . , 0 li r 1 1P f t ;- i af 'w t �l_ > IIAu �hlf si►i�! ..RU��i t 1 . lapArm • iE{fa.r�1�1t1MDfl1ii lr61 s111111{1il{{ts }, �ilA{1�► �At b1{li�flt" {Aitli{t{I{A1 `tt yor ' ; Legend SIR" `, I �I �. '- 1 1-� �II�- tipw LIDAR `--ate ati1'ititl`Milan, :, .� � � 44<VALUE> `��=—,v► ti11N�11iaN11 i: ! ?... 12.6 13itoyy I ,` � - , 4 Ea 12 1- 1'_5 m i u sZ un{aih , •�'CI 541" (4‘ I.5 .14 y {$#{Up' F ` IliVit - _1 10.1-10 _ 0.' =1.-1 ,41,,. iliU"31!!' i , �_..... ........ .441,511.4. + � s w :J L x y f r . ti. 71 kfh�8.6-9 0 1 1 - ` - _.....- .rl .. ,, _ \ .,� _.--� a e 8.1 8.5 n I i = '�i _ � € i�-10-8 3 " v.w -. ar Item V. B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF January 7, 2008 I. NAME OF PETITIONER/PROJECT Petition No.: PPL-2006-AR-9975 Petition Name: Mockingbird Crossing Subdivision Construction Plans Applicant/Developer: Caloosa Development, LLC. Engineering Consultant: Q. Grady Minor&Associates, PA Environmental Consultant: Passarella&Associates, Inc. II. LOCATION The Mockingbird Crossing project totals 110.90± acres and is located in Section 36, Township 48 South, Range 26 East, Collier County. Parcels of land located north of Vanderbilt Beach Road extension and east of Collier Boulevard. III. DESCRIPTION OF SURROUNDING PROPERTIES The parcel lies to the east of Massey Avenue and is approximately one-half mile north of Vanderbilt Beach Road. The site is generally bordered on the west by Massey Avenue and the Vanderbilt Country Club; on the north by Calusa Pines; on the east by Golf Club of the Everglades; and on the south by partially developed single-family, conventionally zoned property. ZONING DESCRIPTION N- Rural Agricultural Calusa Pines S - Rural Agricultural Single-family homes E - Rural Agricultural Golf Course W - Rural Agricultural, Planned Unit Development, Vanderbilt Country Club IV. PROJECT DESCRIPTION The proposed Project is for Construction Plans & Plat for 110 Single Family lots on 110 acres single-family residential community. The concept plan was designed EAC Meeting Page 2 of 12 to develop a single-family residential community while maintaining continuity of preserves with off-site parcels and providing a development buffer to an adjacent eagle nest. The Project is entirely within the Rural Fringe Mixed-Use District Receiving Lands. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element COMPREHENSIVE PLANNING COMMENTS: The proposed development is located in the Agricultural/Rural Designation, Rural Fringe Mixed Use District (RFMU), Receiving Lands, as depicted on Collier County's Future Land Use Map (FLUM). The preliminary subdivision plat for the subject property was reviewed and comments were provided on March 13, 2006 as PSP-2006-AR-9105. That preliminary plat had not been approved and has subsequently been withdrawn. The Collier County Future Land Use Element (FLUE) and Land Development Code (LDC) contain specific requirements applicable to new development within Receiving Lands. Certain requirements pertain to residential development. Please note that in the following review, FLUE provisions are shown in bold type, while staff analysis and commentary is given in italic type, as follows: Receiving Lands: 1. Maximum Density: The base residential density allowable for designated Receiving Lands is one (1) unit per five (5) gross acres (0.2 dwelling units per acre). The maximum density achievable in Receiving Lands through the TDR process is one (1) dwelling unit per acre. This maximum density is exclusive of the Density Blending provisions. Dwelling units may only be transferred into Receiving Lands in whole unit increments (fractional transfers are prohibited). Once the maximum density is achieved through the use of TDR Credits, additional density may be achieved as follows: a) A density bonus of no more than 10% of the maximum density per acre shall be allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. b) A density bonus of no more than 10% of the maximum density per acre shall be allowed as provided in Policy 6.2.5 (6) (b) of the CCME. EAC Meeting Page 3of12 The proposed 110 residential lots for all phases of development cover approximately 110.95 acres- a density of one unit per acre. As this density is above the base density of 1 unit per 5 gross acres, the project requires the utilization of TDR credits. Maximum density and TDR utilization are determined at the project level. Maximum density: There are 110.95 acres in the Mockingbird Crossing property, which would allow a maximum density of 110 dwelling units with participation in the TDR program. This information, illustrated another way: Maximum Number of Dwelling Units — 110 Units located in Mockingbird Crossing — 110 Remaining Subtotal = 0 TDR utilization: The development rights for 22 dwelling units underlie this project as "base density" entitlements. The 110 development rights needed for pending development will derive from 22 base density entitlements and 88 transferred Sending Lands development rights. This information, illustrated another way: Total No. of Base Density Entitlements 22 Entitlements Utilized in Mockingbird Crossing — 22 Base Entitlements Remaining = 0 Dwelling Units to be located in Mockingbird Crossing 110 TDRs Needed = 88 (derived from severances) For this phase of the PPL, the petitioner must submit completed TDR Transfer and Redemption Applications for 44 of the 88 TDRs required for this project. Density blending provisions do not apply to the subject property. 2. Clustering: Where the transfer of development rights is employed to increase residential density within Receiving Lands, such residential development shall be clustered in accordance with the following provisions: a) Consistent with the provisions of the Potable Water and Sanitary Sewer Sub-elements of this Plan, central water and sewer shall be extended to the project. Where County sewer or water services may not be available concurrent with development in Receiving Lands, interim private water and sewer facilities may be approved. The petitioner has provided information which indicates the availability of public utilities. EAC Meeting Page 4 of 12 b) The maximum lot size allowable for a single-family detached dwelling unit is one acre. The lot acreage figures comply with this provision. c) The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. The subdivision plat has been revised in accordance with direction provided by the Environmental Services Department. 3. Minimum Project Size: The minimum project size required in order to receive transferred dwelling units is 40 contiguous acres. Mockingbird Crossing is a project on + 110.95 acres and meets the minimum size requirement. 4. Emergency Preparedness: a) In order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane Map for Collier County. Impacts on evacuation routes, if any, must be considered as well. Applicants for new residential or mixed use developments proposed for Receiving Lands shall work with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. The Petitioner has provided the Emergency Preparedness Plan developed for this site. b) Applicants for new developments proposed for Receiving Lands shall work with the Florida Division of Forestry, Collier County Emergency Management staff, and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and EAC Meeting Page 5 of 12 buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands. The Division of Forestry has assessed the wildfire risk for the project and approves a Wildfire Prevention and Mitigation Plan. Petitioner has provided a copy of that Plan. 5. Permitted Uses: Uses within Receiving Lands are limited to the following: (Note:Staff has only assessed uses applicable to this project.) a) Single-family residential dwelling units... Mockingbird Crossing is consistent with this provision. 7. Open Space and Native Vegetation Preservation Requirements: a) Usable Open Space: Within Receiving Lands projects greater than 40 acres in size shall provide a minimum of 70% usable open space. Usable Open Space includes active or passive recreation areas such as parks, playgrounds, golf courses, waterways, lakes, nature trails, and other similar open spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native vegetation and lawn, yard and landscape areas. Open water beyond the perimeter of the site, street right- of-way, except where dedicated or donated for public uses, driveways, off- street parking and loading areas, shall not be counted towards required Usable Open Space. [Emphasis added] Provisions from the Land Development Code (LDC) are included here for clarification and direction. Open space, usable: Active or passive recreation areas such as playgrounds, tennis courts, golf courses, beach frontage, waterways, lagoons, floodplains, nature trails and other similar open spaces. Usable open space areas shall also include those portions of areas set aside for preservation of native vegetation or landscaped areas, which are accessible to and usable by residents of the development, or the general public. Open water area beyond the perimeter of the site, street rights-of-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. [Definitions] The Land Use Schedule on page 3 of 23 of the petitioner's PPL materials indicates that 83.16 acres is provided as usable open space, including the 18.4 acres found in homeowners lots' lawns and yards. This acreage is 74.9% of the total acreage and is consistent with this FLUE provision. EAC Meeting Page 6 of 12 b) Native Vegetation Preservation: Native vegetation shall be preserved as set forth in CCME Policy 6.1.2. The Petitioner has demonstrated compliance with this provision. CONCLUSION: Based on the above analysis, staff concludes that the plat for Mockingbird Crossing may be deemed consistent with the Future Land Use Element of the Growth Management Plan. B. Conservation & Coastal Management Element Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states, "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards." To accomplish that,policy 2.2.2 states, "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge)to the estuarine system." This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention area(s), lake(s) and a wetland(s)to provide water quality retention and peak flow attenuation during storm events. The Project as proposed is consistent with the Policies and Objectives in Goals 6 and 7 of the Conservation and Coastal Management Element of the GMP, for the following reasons: • Per Policy 6.1.2.a., a minimum of 40 percent of the native vegetation present, not to exceed 25 percent of the total site area, shall be preserved. Twenty-six percent of the Project site or 28.76± acres of native vegetation are proposed for preservation. • Per Policy 6.1.2.(3), areas that fulfill the native vegetation retention standards will be set aside as separate tracts and protected by a permanent conservation easement to prohibit further development. • A preserve area management plan was submitted in accordance with Policy 6.1.2(6). • Prohibited invasive exotic vegetation will be removed from the development in accordance with Policy 6.1.4. EAC Meeting Page 7 of 12 • Wet detention ponds have a littoral shelf with an area equal to 30 percent of the ponds' surface area measured at the control elevation and will be planted with native aquatic vegetation in accordance with Policy 6.1.7(3). • A wetland jurisdictional determination has been conducted on the Project site by the SFWMD in accordance with Policy 6.2.1. • Per Policy 6.2.5. (1) a.,the acreage requirements of Policy 6.1.2 of this element shall be met by preserving wetlands with the highest wetland functionality scores. Wetlands having a Wetland Rapid Assessment Procedure (WRAP) score of at least 0.65 or a Uniform Wetland Mitigation Assessment Methodology(UMAM) score of 0.7 shall be preserved on-site. During permitting with the SFWMD, it was determined that this Project does not require a WRAP or UMAM assessment because there were no impacts to wetlands for which the SFWMD requires mitigation. All wetland impacts were to isolated wetlands under 0.5 acre in size. • A minimum 25-foot vegetated upland buffer will be provided for preserved wetlands in accordance with Policy 6.2.5(5). • Per Policy 6.2.5. (6), mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland functions. The enhancement and preservation of 7.34± acres of wetlands on-site will provide mitigation for direct impacts to 0.72± acre of wetlands. Functional assessment scores demonstrating no net loss are included in this EIS. • Wildlife surveys have been conducted on the property. Wildlife habitat management plans for listed species are provided. Development will be directed away from listed species habitat in accordance with Policy 7.1.2. • Per Policy 7.1.2. (2)(a),management plans shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. The preserve area and listed species management plan is attached as Exhibit 13 of the EIS. • More than 40 percent of native habitats on the Project site will be retained and set aside as preserve areas with conservation easements prohibiting further development in accordance with Policy 6.2.6. Selection of preservation areas is consistent with the criteria listed in Policy 6.1.2(4). Highest quality wetlands and areas known to be utilized by listed species will be preserved. • The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. • Wetlands with the highest quality and functionality will be preserved in accordance with Policy 6.2.5. Mitigation for impacts to wetlands will result in no net loss of wetland functions in accordance with Policy 6.2.5(6). • In accordance with Policy 11.1.2, an archaeological survey was conducted and is included as Exhibit 14. r EAC Meeting Page 8 of 12 VI. MAJOR ISSUES A. Stormwater Management Section 8.06.03.0.2. of the Collier County Land Development Code states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District(SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged into Preserves as allowed in Section 3.05.07. Mockingbird Crossings received SFWMD surface water management permit# 11-02603 on 12 April 2007. The receiving body is listed on the permit as "Cypress Canal via Massey Street Roadside Swale and on-site & offsite wetlands" Mockingbird Lakes is a Plans and Plat review, not a rezone. The construction plans are complete, have been submitted, and are presently undergoing review. This entire site sits within the Cypress Canal Basin. The allowable discharge rate for projects within the basin is 0.15 cfs per acre. The basin discharges toward the south to the cypress canal. From the EIS: "The water management system is a standard design employing wet and dry retention/detention areas to provide for water quality treatment and peak flow attenuation. The water management system will consist of six interconnected lakes which receive runoff from the Project's closed drainage system. Discharge through a water control structure will be to the existing off-site drainage ditch located in the Massey Street easement and also to the wetlands in the northeastern area of the Project. This discharge will only occur after all water quality treatment is attained within the lakes. That water quality is 150 percent of one inch of treatment over the entire Project area. A 1.5 inch rain event, if the lake levels are at control, will trigger treated runoff to be discharged to the wetland preserve. During a typical rain event in the summer months, a slow stream of water will be conveyed to the wetland area by way of a 6 inch orifice discharge. This limited discharge will provide hydration but not over-inundation of the wetland area. Discharge will be limited to the rate of 0.10 cfs/acre, (staff note...the allowable rate for this basin is 0.15 cfs per acre)as permitted in Calusa Pines to the north. Drainage will include off-site runoff from future Woodcrest and Tree Farm Road 60 foot right-of-way easements to the north. The site is bounded to the north by Calusa Pines Golf Club and to the east by Golf Club of Everglades. These projects have their own water management system with drainage directed away from this site. Stormwater from undeveloped property to the northeast will be allowed to be conveyed along this Project's preserve areas along the east side of the site. To the south, undeveloped and residential property will utilize natural and historical drainage patterns to drain away from this site. The average site elevation EAC Meeting Page 9 of 12 varies between 13.4 and 14.0 feet NGVD. Wet season water table as determined by the SFWMD is 13.0 feet NGVD. Dry season water table varies and is estimated at 8.0 feet NGVD. A SFWMD water management permit has been issued for the Project(Exhibit 12). B. Environmental 1. Site Description The 110.90 acre site consists of 78.53 acres of Drained and Disturbed Pine- Cypress and 7.46 acres of Pine and Pine Flatwoods, both with various percentages of exotic vegetation. The site has 2.28 acres of Melaleuca. The remaining acreage consists of a Tree Nursery, Horse Farm, Forested Rangeland, Ditch, Disturbed Land,Berm, and Road. 2. Wetlands The site contains 8.06 acres of SFWMD jurisdictional wetlands. The construction of the Project will result in wetland impacts to approximately 0.72±acre of on-site wetlands and approximately 1.24± acres of"other surface waters." Impacts will occur to wetland habitats with 25 to 75 percent exotic vegetation. The two areas of wetland habitat proposed to be impacted are small (under 0.50± acre) and isolated. The larger wetland system at the northeast corner of the property is proposed to be enhanced and preserved to provide improved wetland function. A SFWMD permit has been issued on the Project. The SFWMD permit and staff report are attached as Exhibit 12 of the EIS. The UMAM was not used on this project because mitigation is not required for impacts to isolated wetlands under 0.5 acres. Six interconnected lakes which receive runoff from the Project's closed drainage system. Discharge through a water control structure will be to the existing off-site drainage ditch located in the Massey Street easement and also to the wetland in the northeastern area of the Project. This discharge will only occur after all water quality treatment is attained within the lakes. That water quality is 150 percent of one inch of treatment over the entire Project area. A 1.5 inch rain event, if the lake levels are at control, will trigger treated runoff to be discharged to the wetland preserve. During a typical rain event in the summer months, a slow stream of water will be conveyed to the wetland area by way of a 6 inch orifice discharge. This limited discharge will provide hydration but not over-inundation of the wetland area. EAC Meeting Page 10 of 12 3. Preservation Requirements Per Policy 6.1.2.a., a minimum of 40 percent of the native vegetation present, not to exceed 25 percent of the total site area, shall be preserved. Twenty-six percent of the Project site or 28.76± acres of native vegetation are proposed for preservation. 4. Listed Species The on-site preserve includes areas are known to be utilized by listed species including Big Cypress fox squirrel and Florida butterfly orchid. On March 30, 2005 and October 22, 2005, a single Big Cypress fox squirrel was observed in a Pine-Cypress, Drained habitat type near the north side of the property. A bald eagle nest was identified approximately 225 feet north of the northern property boundary during the March 30 and 31, 2005 preliminary site assessment. Prior to this site assessment, this bald eagle nest had not been documented by any agency. The nest has since been assigned as Nest CO-031 by the FFWCC. Please refer to Exhibit 3.9K of the SFWMD permit(Exhibit 12 of the EIS) for the Bald Eagle Management Plan (BEMP) approved by the USFWS. The BEMP states, no buildings/structures shall be constructed within 750 feet of a bald eagle nest. The Project will only include surface water management areas, lakes, detention areas, and landscape buffers within 750 feet of the bald eagle nest. Project activities that will be constructed within 750 feet on the bald eagle nests will be constructed during the non-nesting season. Please refer to the BEMP for further details. A Florida butterfly orchid was observed in a Pine-Cypress, Drained (FLUCFCS Code 6245) habitat type near the south side of the property (see Exhibit 14). The butterfly orchid is listed as commercially exploited by the Florida Department of Agriculture and Consumer Services. A red-cockaded woodpecker (Picoides borealis) (RCW) non-nesting season foraging survey was conducted for 14 consecutive days from October 15 through 28, 2005 and from June 1 through 14, 2006. No red-cockaded woodpeckers were heard or observed. Additional observations of Florida butterfly orchid were made on June 1, 2006. VII. RECOMMENDATIONS Staff recommends approval of Mockingbird Crossing Subdivision Construction Plans with the following stipulation: 1. For this phase of the PPL, the petitioner must submit completed TDR Transfer and Redemption Applications for 44 of the 88 TDRs required for this project. Density blending provisions do not apply to the subject property. EAC Meeting Page 11 of 12 PREPARED BY: �l ri le be 07 STAN CHRZ/ OWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT I /9/ig/7 MER ARAQ DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT -c -�- -� 12 1100 ' ) ASHLEY CASERTA DATE PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 12 of 12 REVIEWED BY: 1/1- ,e44)74 /4- XA-r}e)-1 /2- /g-,0-7 0:ARA S. BU GESON DATE CIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT 1, /Z-/8_c7 L] JAM D. LO Z, Jr., P.E. DATE ENGINEERING& ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR F Vq/ti M' JEFF ' G`T DATE ASSIS , T COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: / /?a? • EPH K. SC MITT ATE IMMUNITY DEVELOPMENT&ENVIRONMENTAL SERVICES ADMINISTRATOR ENT OF U.S.le 1 P�_ - ,y United States Department of the Interior `ISH lc , QP r.� WILDLIFE SERVICE t i11, x° FISH AND WILDLIFE SERVICE rx, '� • South Florida Ecological Services Office ` il! 1`74----.;10--,Rea1339 20 Street n ., Vero Beach, Florida 32960 �' "1 P January 3, 2008 . �- kr 0ib '?Clarence S. Tears, Jr. — t, ' '� ' cl% South Florida Water Management District � Big Cypress Basin C l,*' 2640 Golden Gate Parkway, Suite 205 Y1 QQt Naples, Florida 34105 Service Federal Activity Code: 41420-2007-FA-0388 ►($fes Date Received: October 16, 2007 Applicant: South Florida Water Management District Project: Okaloacoochee Slough Off-road Vehicle Site County: Collier Dear Mr. Tears: The Fish and Wildlife Service (Service) has received your telephone call and an email message on October 16, 2007, which provided updated wildlife survey information for the off-road vehicle (ORV) trail-riding site on approximately 150 acres leased to the South Florida Water Management District (District) by the Alico Land Development Corporation. The proposed trail-riding area is unimproved pasture with seasonal wetlands located on the western edge of Okaloacoochee Slough in the northeastern corner of Section 6, Township 46 South, Range 46 East, Collier County, Florida. The new information provided to the Service by the District indicates that the threatened Audubon's crested caracara (Polyborus plancus audubonii) is actively nesting in the southeast corner of the proposed ORV site and that food scraps and scat have been collected under the nest tree. In evaluating project impacts to the caracara in south Florida, the Service defines a primary zone as 300 meters (985 feet), and a secondary zone as 1,500 meters (4,920 feet) outward from the nest tree. Protection of the primary zone is very important particularly during the nesting season (November to April), and must be maintained in order to provide conditions for successful reproduction. Impacts during the active nesting period can be avoided by timing of activities near the nest site. The information provided to the Service suggests that approximately 40 percent of the primary foraging area for this nest tree falls within the area proposed for ORV trails. The proximity and possible disturbance from the trail riding activities are likely to impact both nesting and foraging within the primary zone which could result in nestlings failing to fledge. TAKE PR I DE® , -! 1NAM ERICA=..,'-r ; Clarence Tears Page 2 Federally listed species are protected under the Endangered Species Act of 1973, as amended (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.). Section 9 of the Act and implementing regulations prohibit the "take" of any endangered or threatened species. Take is defined to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or to attempt to engage in any such conduct. Harm and harass are further defined in the Code of Federal Regulations; harass is defined as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering. Harm is further defined as an act which actually kills or injures wildlife. Therefore, any activity or omission including disruption or modification of habitat occupied by listed species which significantly alters their behavior or creates the likelihood of injury or death may constitute a violation of section 9 of the Act. Under the Act, where there is no Federal nexus (e.g., Federal authorization or permit), a private landowner who wishes to develop land may legally"take" listed species by obtaining an Incidental Take Permit in accordance with section 10(a). In this instance, a permit authorizing incidental take can be issued by the Service provided the applicant develops an approved Habitat Conservation Plan(HCP). An HCP must show (1) that the taking is incidental; (2) that impacts to the species will be held to a minimum and unavoidable impacts mitigated; (3) that there must be adequate funding for the plan; (4) that the taking will not jeopardize the continued existence of the species; and (5) other site specific needs that may develop on a case by case basis. As proposed, the ORV plan would impact the primary zone surrounding a caracara nest. We look forward to working with you at your earliest convenience to help avoid and minimize impacts to listed species and describe in detail the process for obtaining a permit to authorize take of listed species if necessary. Thank you for your cooperation in the effort to conserve fish and wildlife resources. If you have any questions, please contact Todd Hopkins at 772-562-3909, extension 316. Sincer- . fours, lS 2 aul Sou a Field Supervisor South Florida Ecological Services Office cc: Collier County Engineering and Environmental Services,Naples, Florida(William D. Lorenz) Corps, Jacksonville, Florida (Skip Bergmann) FWC, Vero Beach, Florida(Joe Walsh)