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EAC Agenda 03/05/2008 ENVIRONMENTAL ADVISORY COUNCIL AGENDA DAY 1: 9:00 A.M. March 5, 2008 Commission Boardroom W. Harmon Turner Building (Building "F")-Third Floor DAY 2 (carryover): 9:00 A.M. March 6, 2008 Community Development, 2800 N Horseshoe Drive, Room 609/610 Call to Order II. Roll Call III. Approval of Agenda IV. Approval of January 7, 2008 meeting minutes -First Mailing V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Commercial Planned Unit Development No. PUDZ-2006-AR-10875 Tamiami Crossing CPUD Section 3, Township 51 South, Range 26 East B. Conditional Use No. CU-2006-AR-9337 South Grove Lake CU Sections 17 and 18, Township 48 South, Range 29 East C. Excavation Permit No. EXP-2007-AR-11983 South Grove Lake EXP Sections 17 and 18, Township 48 South, Range 29 East D. Plat and Plans PPL-2004-AR-6476 City Gate Commerce Center Phase Two Section 35, Township 49, Range 26 VII. New Business (A-C. shall be heard no later than 9:15 a.m. on March 6) A. 5 year review of the RLSA by the Comprehensive Planning Dept. - Phase I (1-2 hours) First Mailing B. Lake Trafford Ranch (CP-2006-9), Planner: Noah Standridge C. Half Circle L Ranch (CP-2006-10), Planner: Noah Standridge VIII. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments A. RLSA projects to be heard before EAC- Bill Lorenz B. Suggest EAC cite LDC & GMP when giving recommendations for denial C. Attendance— Please be available for the entire day of the meeting 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 Wednesday, February 27, 2008 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (252-6290). 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. ENVIRONMENTAL ADVISORY COUNCIL AGENDA DAY 1: 9:00 A.M. March 5, 2008 Commission Boardroom W. Harmon Turner Building (Building "F")—Third Floor DAY 2 : 9:00 A.M. March 6, 2008 Community Development, 2800 N Horseshoe Drive, Room 609/610 Call to Order II. Roll Call III. Approval of Agenda IV. Approval of January 7, 2008 meeting minutes— First Mailing V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Commercial Planned Unit Development No. PUDZ-2006-AR-10875 — First Mailing Tamiami Crossing CPUD Section 3, Township 51 South, Range 26 East B. Conditional Use No. CU-2006-AR-9337 STAFF REPORT TO ARRIVE UNDER SEPARATE COVER-DUE TO ARRIVE BY FEB. 27 South Grove Lake CU Sections 17 and 18, Township 48 South, Range 29 East C. Excavation Permit No. EXP-2007-AR-11983 South Grove Lake EXP Sections 17 and 18, Township 48 South, Range 29 East D. Plat and Plans PPL-2004-AR-6476 City Gate Commerce Center Phase Two Section 35, Township 49, Range 26 VII. New Business (A-C. shall be heard at 9:00 a.m. on March 6) A. 5 year review of the RLSA by the Comprehensive Planning Dept. Phase I (1-2 hours)—Tom Greenwood First Mailing B. Lake Trafford Ranch (CP-2006-9), Planner: David Weeks C. Half Circle L Ranch (CP-2006-10), Planner: David Weeks VIII. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments A. RLSA projects to be heard before EAC- Bill Lorenz B. Suggest EAC cite LDC & GMP when giving recommendations for denial C. Attendance— Please be available for the entire day of the meeting Xl. 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 Wednesday, February 27, 2008 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (252-6290). 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. January 7, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, January 7, 2008 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 Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon Roger Jacobsen David Bishof Nick Penniman(excused) Michael V. Sorrell Dr. Llew Williams Allison D. Megrath(Alternate) Richard Miller ALSO PRESENT: Jeff Wright - Assistant County Attorney Stan Chrzanowski, PE - Planning Review Summer Araque - Senior Environmentalist Nick Casalanguida - Director, CC Transportation 1 January 7, 2008 I. Call to Order The meeting was called to order by Chairman Hughes at 9:00AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Jacobsen moved to approve the agenda. Second by Mr. Williams. Carried unanimously 9-0. IV. Approval of November 7,2006 meeting minutes Mr. Jacobsen moved to approve the minutes of November 7, 2007 meeting. Second by Mr. Horn. Carried unanimously 9-0. V. Upcoming Environmental Advisory Council Absences Dr. Williams will not be present for the February meeting. VI. Land Use Petitions A. Planned Unit Development PUDZ-2006-AR-9143 Standing Oaks RPUD Section 31, Township 48 South, Range 26 East The presenters were sworn in. Mr. Miller stated that he had visited the site. Bob Mulhere, Senior V.P., RWA, Inc. provided an overview of the Petition noting the subject parcel is 41.1 +/- acres in size and located on the east side of I- 75, west of Oakes Blvd and North of Vanderbilt Beach Road. Access is from Standing Oakes and Shady Oakes Lane. A gopher tortoise burrow was identified on site and is located in the preserve area. There is a large house and outbuildings located on the site which will be removed Mr. Jacobsen noted page 6, item#3 of the Staff report states 4.97 acres of lands were previously disturbed without proper authorization and inquired on the status of this issue. Bob Mulhere stated that the issue has been resolved and the applicant has reached an agreement with the County to re-vegetate a certain amount of area to mitigate the disturbance. He noted the disturbance was created by a prior owner. Question was asked concerning the location of the burrow in which Jason Hunt of Passarella and Associates stated it is approximately 30 yards from the proposed developed area. Chairman Hughes recommended that the applicant provide the Council with a status report on the condition of the Gopher Tortoise as construction is on going. 2 January 7, 2008 Summer Araque, Sr. Environmentalist stated that the Staff recommends approval of the Petition. Dr. Hushon moved to approve the Petition subject with the following stipulation; That the applicant provide a status report to the Council on the condition of the Gopher Tortoise every 6 months for a term of 2 years. Said term to initiate with the commencement of construction. Second by Mr. Miller. Carried unanimously 9-0. B. Plat and Construction Plans PPL-2006-AR-9975 Mockingbird Crossing Section 35, Township 48 South, Range 26 East Dr. Hushon moved to postpone the item to a later portion of agenda. Second by Mr. Jacobsen. Carried unanimously 9-0. The presenters were sworn in. Michael Delate of Q Grady Minor & Associates, PA provided an overview of the Petition stating the project is located north of Vanderbilt Beach Road extension and East of Collier Boulevard. It is for 110 single family lots on 110 +/- acres. Debby Tyson of Passarella and Associates provided an Environmental overview of the project noting the following: • the site contains approximately101 acres of upland and 8 acres of wetlands • A Southwest Florida Water Management District permit has been acquired • A Bald Eagle management plan has been approved by the US Fish and Wildlife Service for a nest located adjacent to the proposal • A Big Cypress Fox squirrel management plan has been approved by the County Dr. Hushon noted the high levels of contaminants found in an area of the site and requested the status of further sampling and cleanup. She further noted the site is in the area of the proposed lake which will require excavation for construction. Michael Delate stated that a remediation plan is being prepared and the State has been notified of the site. The property owner and applicant are committed in moving forward to address the issue. Vanessa Richter, owner representative stated that the owner is aware of the issue and is proceeding with cleanup as necessary. He has received cost estimates for the cleanup, but cannot proceed until a permit is granted. The issue has been reported to the Department of Environmental Protection and all necessary steps will be followed in the cleanup. A discussion occurred whether a permit is required for the "cleanup". 3 January 7, 2008 Stan Chrzanowski, PE, Planning Review noted that for any excavation, a permit may be required. Removal of material off site is considered a commercial excavation and will require a permit. There is an exemption in the Land Development Code for removal of material off site up to 4000 cubic yards if it is for lands in Agricultural use. This parcel could possibly qualify. It was noted that if the cleanup began and exceeded 4000 cubic yards, it would not be advisable to stop for a periodic time while a commercial excavation permit is applied for. The Council recommended the LDC should contain an excavation exemption policy for Environmental cleanups. The Council reviewed the stormwater management elevations and treatment proposal. Summer Araque, Sr. Environmental Specialist stated Staff recommends approval of the project with a stipulation of the Phase III which are the results from the DEP. Jeff Wright, Assistant County Attorney cited a stipulation in the Staff report: "For this phase of the PPL, the Petitioner must submit completed TDR Transfer and Redemption Applications for 44 of the 88 TDR's required for this project. Density blending provisions do not apply to the subject property." He recommended making any approval contingent upon this. Dr. Hush on moved to accept the Petition with the following stipulations: 1. A Closure Certificate from DEP is delivered before actual construction on the site commences and if possible, the County makes a permit exemption for the material removed off site in conjunction with the cleanup. 2. For this phase of the PPL, the Petitioner must submit completed TDR Transfer and Redemption Applications for 44 of the 88 TDR's required for this project. Density blending provisions do not apply to the subject property Second by Mr. Sorrell. Carried unanimously 9-0. VII. New Business LDC amendment for Special Cycle 2008-la (Florida Rock Industries, Inc.) Bruce Anderson of Roetzel and Andress provided an overview of the request noting the amendment is filed by Florida Rock at a request of the Collier County Transportation Department. It provides the following requested changes 1. Extend the existing non-conformance development rights in the Land Development Code for landowners that sell lands to a government agency for 4 January 7, 2008 public uses to similar provisions in the Code for transfers of parcels with Transfers of Development Rights. 2. To extend this allowance to Private Parties acquiring properties on be-half of the County or Governmental entity for Public Use. Dr. Hushon noted that under item#2, the land would ultimately need to be deeded to the County or Government entity and an agreement would be in place before acquisitions are undertaken. Bruce Anderson agreed. Mr. Miller expressed concern over the wording being too broadly based stating it is for lots or land acquired for"public use and/or purpose by the County or another governmental entity." He recommended removing or"another Governmental entity" as well as "and/or purpose." A discussion occurred regarding the specific wording of the proposal and concerns that the proposal could lead to a governmental entity acquiring property for projects or improvements that are not ultimately for the public's use. The Council recommended that the document contain the wording `for ownership" before the wording "by Collier County or other Governmental entity"where necessary in the document. Mr. Miller moved to approve the LDC amendment request subject to the following: That the land acquired be reserved for use by a governmental entity. Second by Mr. Bishof Carried unanimously 9-0. Break 10:27AM Reconvene: 10:45 AM VIII. Old Business A. Update members on projects Summer Araque stated Naples Reserve was approved and Della Rossa was approved with the recommendation with the Stipulation to add 5 acres to the south of the project to preserve more wetlands. Dr. Hushon requested an update on the proposed temporary ATV Park. Summer Araque -Brown was not provided an update by the Department of Parks and Recreation Chairman Hughes recommended that possible lands in control of South Florida Water Management District that are not currently in"restoration"phases be offered for utilization as temporary ATV sites. It was noted that Mr. Penniman is working on the Mission Statements. IX. Sub-Committee Reports 5 January 7, 2008 Dr. Hushon noted the LDC Sub-Committee is meeting on January 10 and 24, 2008. It was recommended that the alternates as well as Council members attempt to attend these meetings. Dr. Hushon noted the Planned Communities proposed under the Rural Lands Stewardship Program are not reviewed by the Environmental Advisory Council. There is one that has been approved (Ava Maria) and 14 additional proposals in the queue. Chairman Hughes moved to require Environmental Advisory Council review of projects proposed under the Rural Lands Stewardship Area program and recommended that the Land Development Code be revised to require Environmental Advisory Council review of these projects. Second by Dr. Hushon. Carried unanimously 9-0. X. Staff Comments A. Ethics: Conflicts of Interest—Jeff Wright Jeff Wright,Assistant County Attorney appeared before the Council to discuss Conflicts of Interest and submitted a form 8B "Memorandum of Voting Conflict for County, Municipal and Other Local Public Officers" for review for the Council. He cited the Collier County Ethics Ordinance which notes that you may not participate in an action where you may create the appearance of an impropriety. The State Statute is more technical which requires the filing of form 8B and recommended he be contacted for a determination of a conflict before filing this form. Chairman Hughes addressed the Environmental Advisory Council recommending a Council member review other jurisdictions regulations and/or ordinances to see how environmental issues such as building heights, aesthetics, etc. are addressed and implemented through adopted regulations and submit this information back to the Environmental Advisory Council for review. B. Reminder— Check with staff before amending agenda and vote is needed to amend agenda The Council noted this request by Staff. Jeff Wright, Assistant County Attorney noted a Scribner's error in the agenda numbering and recommended the Council approve an amended agenda to make the numbering sequential. Dr. Hushon moved to amend the agenda with "Old Business"beginning with number VIII and continuing sequentially from this point. Second by Chairman Hughes. Carried unanimously 9-0. 6 January 7, 2008 C. RSLA presentation in November 3-4 hours. Schedule a full day at a regular meeting or have a special session. The Council determined that the presentation by RSLA should take place at a separate meeting. XI. Council Member Comments Allison Megrath stated this is her first day as an alternate and is a Certified Land Use Planner. It was noted that her background will be useful to the Council. Mr. Sorrell asked how to proceed in changing the Land Development Code to provide for exemptions to allow for the removal of material off-site in environmental cleanups. It was noted that these exemptions should be linked to a Department of Environmental Protection approved cleanup. Mr. Stan Chrzanowski, PE, Planning Review stated that he will contact Joe Schmitt, (Community Development and Environmental Services Administrator) for input on this issue. A. Water Use—Richard Miller Mr. Miller provided an update on a report he is in the process of preparing for the Council on water usage within the County. He has conversed with Clarence Tears of the South Florida Water Management District who noted that his concerns are protecting the surface water and protecting the quality of the aquifer. Mr. Miller's concern is who is ultimately responsible to ensure adequate quantities of water for future use. He intends to meet with the Utilities Division of the County for more input on these issues and will prepare a written report for a future meeting. Chairman Hughes suggested he meet with Representative Burt Saunders for input. He also suggested that the Council begin to identify environmental issues within the County and Region that may be a long term concern to the quality of life within the Region. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 12:01 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL 7 January 7, 2008 Chairman William Hughes These Minutes were approved by the Board/Chairman on , as presented , or as amended 8 Item VI.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 5 & 6, 2008 I. NAME OF PETITIONER/PROJECT: Petition No.: PUDZ-2006-AR-10875 Petition Name: TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) Applicant/Developer: KRG 951 and 41, LLC Engineering Consultant: Q. Grady Minor and Associates, P.A. Environmental Consultant: Boylan Environmental Consultants, Inc. II. LOCATION: The subject property is located in the southeastern quadrant of the Tamiami Trail (US-41) and Collier Boulevard (CR-951) intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N- Commercial Convenience (C-2), General US 41, CVS Pharmacy, Commercial (C-4), Heavy Commercial undeveloped land, and (C-5) and Falling Waters PUD commercial uses S - Artesa Pointe PUD Wal-Mart and single-family residences E - Rural Agricultural (A) Undeveloped State-owned land W - C-4, Residential Single Family(RSF-3) Shell gas station and and Eagle Creek PUD Circle-K, then CR-951 and commercial uses IV. PROJECT DESCRIPTION: EAC Meeting Page 2 of 12 The subject property is presently designated both Mixed Use Activity Center Subdistrict (#18), Urban Coastal Fringe Subdistrict and Henderson Creek Mixed Use Subdistrict on the Future Land Use Map and Map Series of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). A companion item to this CPUD rezone petition has been submitted to the Comprehensive Planning Department for a Small Scale GMP Amendment (CPSS-06-01) to incorporate a 7.3-acre A-zoned parcel, designated Urban Coastal Fringe Subdistrict, into Activity Center #18. If approved, the entire site would be designated Mixed Use Activity Center #18, except for .88 acres along the southern property boundary, which would remain part of the Henderson Creek Mixed Use Subdistrict and is the subject of a second companion item, PUDA-2007-AR-11734. PUDA-2007-AR-11734 (the "Artesa Pointe PUDA"), as stated, proposes to remove 0.88 acres from the Artesa Pointe PUD to incorporate this acreage into the proposed Tamiami Crossing PUD. As the Henderson Creek Subdistrict in which the 0.88 acres is located is limited to a maximum of 325,000 square feet of commercial—and the approved Artesa Pointe PUD already allows the maximum 325,000 square feet of commercial—no commercial development would be eligible for this acreage. Instead, the area would be used to meet parking requirements for the CPUD. Pursuant to LDC Section 2.03.06.C.3, the Commercial Planned Unit Development (CPUD) zoning district is construed to include the entire range of uses permitted in the General Commercial (C-1) through (C-5) zoning districts. The proposed CPUD, if approved, would allow for 235,000 square feet of general commercial and retail uses consistent with these districts. A maximum zoned height of 60 feet would be permitted, with actual height, including appurtenances, to be a maximum of 67 feet. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: As previously stated, the subject property is designated Mixed Use Activity Center Subdistrict, (Activity Center #18) Urban Coastal Fringe Subdistrict, and Henderson Creek Mixed Use Subdistrict of the Future Land Use Element, Future Land Use Map and Map Series. This area includes 18.15± acres of A, Agricultural, C-2 and C-4 zoning. A petition for 7.3± acres of the 25.45± acres currently zoned A, Agricultural, and designated Urban Coastal Fringe Subdistrict, has been submitted to the Comprehensive Planning Department for a Small Scale Growth Management Plan Amendment to incorporate the 7.3± acre parcel into Activity Center #18, making a total of 25.45± acres for a Planned Unit Development, to be known as Tamiami Crossings CPUD. This CPUD rezone is therefore contingent upon approval of that EAC Meeting Page 3of12 GMP amendment. If approved, the entire site would be designated Mixed Use Activity Center, except for the .88 acres that would remain designated Henderson Creek Mixed Use Subdistrict. Artesa Pointe PUD presently comprises all of the Henderson Creek Subdistrict, and is in the process of a PUD amendment to remove .88 acres from its boundaries, to be incorporated into the proposed Tamiami Crossing PUD boundaries. The Henderson Creek Subdistrict is limited to a maximum of 325,000 square feet of commercial. The approved Artesa Pointe PUD allows for a maximum of 325,000 square feet of commercial. Therefore, through incorporating the .88 acres into the proposed Tamiami Crossing PUD, the boundaries remain within the the Henderson Creek Subdistrict, and no commercial building area is eligible to be developed on the .88 acres. The Mixed Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Factors to consider during review of a rezone petition are as follows: "Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except requests for rezoning must meet the requirements for rezoning in the Land Development Code". The project was submitted as a Commercial Planned Unit Development. "The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of Mixed Use Activity Center. " The proposed development is located within Activity Center#18. The area within the proposed PUD is currently vacant, however is zoned C-2, C-4 and A, and is compatible with the surrounding zoning within the Activity Center boundaries. (More specific commercial analysis was submitted with the GMP amendment petition.) The surrounding area within a two mile radius consists of C-2, C-4, PUD, Agricultural and residential uses. "Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses." No market study was submitted with this application. However, the site is presently zoned C-2 and C-4 and A. Further, the PUD document proposes retail, office, professional and business service uses that appear to be compatible with the existing commercial zoning in Activity #18 and a two road-mile area. (More specific commercial analysis was submitted with the GMP amendment petition.) EAC Meeting Page 4 of 12 "Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. " There is a variety of existing land uses within Activity Center#18 and within two radial miles, including commercial, residential single-family, residential multi-family and mixed-use PUDs. "Adequacy of infrastructure capacity, particularly roads. " The project proposes access to US 41 and Collier Boulevard (CR 951). Transportation Planning Department has reviewed this petition for road capacity and has found it sufficient. "Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. " Compatibility is also required by FLUE Policy 5.4. Comprehensive Planning staff defers the compatibility determination to the Department of Zoning and Land Development Review staff as part of their review of this petition in its entirety. 'Natural or man-made constraints." Staff is not aware of any physical constraints to development of this property. "Rezoning criteria identified in the Land Development Code. " This criterion is to be reviewed by Zoning and Land Development Review staff as part of their review of this petition in its entirety. "Conformance with Access Management Plan provisions for Mixed Use Activity Centers contained in the Land Development Code. " Access provisions are included in the PUD Document. Additionally, Transportation Planning staff has reviewed the petition for compliance with access requirements and limitations. "Coordinate traffic flow on-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point location and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. "Detailed traffic review has been performed by the Transportation Planning Department. "Interconnection(s) for pedestrian, bicycles and motor vehicles with existing and future adjacent projects." The project proposes two vehicular and pedestrian interconnects with the Artesa Pointe PUD. "Conformance with architectural design standards as identified in the Land Development Code." The PUD document provides for commercial land uses designed to be harmonious with the adjacent Artesa Pointe PUD and surrounding commercial development by using common architectural themes, quality screening/buffering, and native vegetation, whenever feasible and applying the provisions of the specific section of the LDC that are otherwise applicable. EAC Meeting Page 5 of 12 Policy 5.4: Requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and development standards (building heights, setbacks, landscape buffers, etc.), building mass,building location,traffic generation/attraction, etc. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The conceptual PUD Master Plan indicates two right- in/right-outs and one full access connection between the project and US 41 to the north, which is a principal arterial highway, and one right-in/right-out connection to CR 951 to the west, which is a minor arterial highway. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and to minimize the need for traffic signals. A loop road is not depicted on the conceptual PUD Master Plan and might not be expected given the conceptual master plan layout. However, that Master Plan does depict parking lot aisles and drives that connect to US-41 and Collier Boulevard. Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The conceptual PUD Master Plan allows for two (2) potential vehicular and pedestrian interconnects between the proposed Tamiami Crossings CPUD and Artesia Pointe PUD to the south of the project, but the interconnections themselves should be absolute and expected to be part of the SDPs/PPLs.) Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. Being a CPUD, there are no residential densities; however, the development standards and conditions are consistent with other similar types of commercial planned developments. EAC Meeting Page 6 of 12 CONCLUSION: Based upon the above analysis, staff concludes that the proposed rezone may be found consistent with the Future Land Use Element(FLUE). 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 areas, a lake and a wetlands to provide water quality retention and peak flow attenuation during storm events. Pursuant to Objective 2.4 and Policies 2.4.1, a copy of the Environmental Impact Statement will be provided to staff and the Rookery Bay National Estuarine Research Reserve for their review. The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation& Coastal Management Element, for the following reasons: Greater than fifteen percent (15 %) of the existing native vegetation will be retained on-site and set aside as preserves and be protected by a permanent conservation mechanism to prohibit further development. Selection of preserves, are consistent with the criteria listed in Policy 6.1.1. In accordance with Policies 6.1.1 (6) and 6.1.4, habitat management and exotic vegetation removal/maintenance plans shall be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, as required by Policy 6.2.6. Littoral shelf planting areas within wet detention ponds shall be required at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7 and the LDC. EAC Meeting Page 7 of 12 The requirement for an Environmental Impact Statement(EIS)pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4,the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements (Site Development Plan/Construction Plans). As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are identified in the PUD document and are in accordance with the uses identified in Policy 6.2.5. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation. Wildlife surveys for listed species in accordance with Policy 7.1.2 are included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed species are required at the time of Site Development Plan/Construction Plan submittal. VI. MAJOR ISSUES: 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." Tamiami Crossings has applied for a SFWMD permit to construct and operate a stormwater management system. The application number is 070316-23, and it was applied for on 16 Mar 2007. It has undergone 5 Requests for Additional Information(RAI). This proposed water management system consists of interconnected inlets and detention basins. The first half inch of runoff is directed to dry detention areas for pretreatment. Excess runoff will be routed into wet detention areas. The water quality detention amount will be as per code. Final discharge will be through a control structure to a spreader swale along the property line and then to the US 41 roadside swale system, east to Henderson Creek. EAC Meeting Page 8 of 12 The petitioner estimates the dry season water table at 2.1 ft. NGVD. The on-site wetlands have been incorporated into the runoff treatment chain. Once runoff has received pretreatment, it will be directed to the wetlands for storage. This should help maintain a reasonable hydroperiod in those wetlands. Environmental: Site Description: The project site is undeveloped 25.45 acre parcel forested with Pine Flatwoods, Cypress-Cabbage Palm and Hydric Pine Flatwoods. Also on site are approximately 1.92 acres of previously cleared land. The eastern most portion of the property was historically used for agricultural purposes (row crops). Wetlands: The project site contains approximately 13.68 acres of Collier County jurisdictional wetlands and approximately 11.77 acres of uplands. Wetlands were verified by SFWMD staff on May 11, 2007. Four wetlands occur on site and these are identified on the exhibits included in the EIS. Wetlands on site include Pine- Cypress-Cabbage Palm (FLUCFCS Code 624), Hydric Pine Flatwoods (FLUCFCS Code 625) and a Hydric Utility Easement (FLUCFCS Code 830H). The total percentage of proposed wetland impacts on site is 87 percent, for a total 11.96 acres. Approximately 1.72 acres of wetlands will be preserved on the property. A UMAM analysis of the proposed impacts is included as an attachment in the EIS. Seasonal high water elevations and normal pool elevations within the wetlands on site were determined by locating water marks, moss collars and/or lichen lines on pine trees within the wetlands. Spot elevation at these locations, were 4.91, 4.96 and 4.95 feet NGVD. The approved and permitted control elevation for the project to the south is 4.1 feet NGVD. In combination with the on-site biological indicators and control elevation of the adjacent property, the proposed control elevation for the project site is 4.1 feet NGVD. No improvements to the hydrology of the wetlands on site are proposed. Treated stormwater will be allowed to enter the wetland portion of the preserve as described in this staff report and in the Surface and Ground Water Management section of the EIS. EAC Meeting Page 9 of 12 Preservation Requirements: Approximately 23.53 acres of native vegetation occur on the project site. A portion of the existing native vegetation on site (0.87 acres) has already been accounted for in the adjacent Artesa Pointe PUD and therefore is excluded from the native vegetation requirement calculations for the project site. In accordance with the requirements of the LDC and GMP, 15 percent (3.4 acres) of the native vegetation will be retained on-site. The proposed on site preserve area includes 1.72 acres of Pine-Cypress-Cabbage Palm wetland and 1.77 acres of Pine Flatwoods upland habitat. The proposed preserve is located adjacent to two of the existing preserves within the Artesa Pointe PUD, to the south. Listed Species: A listed species survey was conducted by two environmental scientists from Boyland Environmental Consultants, Inc. on September 30, 2005 and October 27, 2005. FLUCFCS mapping had been conducted on the property prior to this survey. An updated species survey was also performed on February 13, 20, 22 and 23, 2007. During the surveys, particular attention was placed on locating potential fox squirrel nests, red-cockaded woodpecker(RCW) cavity trees, and bald eagle nests within the forested portions of the property. Nearly 100 percent of the property that was considered potential gopher tortoise habitat was surveyed. A list of listed species which could potentially occur on site is included in the Protected Species Survey included in the EIS. No listed wildlife species were found on the property. Several listed plants were identified on site. These consisted of epiphytes including several species of air plant (Tillandsia spp.) and butterfly orchid (Encyclia tampensis). Listed plants that may be impacted because of exotic vegetation removal or development will be relocated into the preserve, where feasible. EAC Meeting Page 10 of 12 VII. RECOMMENDATIONS: Staff recommends approval of Commercial Planned Unit Development No. PUDZ-2006-AR-10875 "Tamiami Crossing CPUD" with the following conditions: Stormwater Management: 1. The treatment system must be designed to treat the first inch and a half of runoff from the site for water quality. This is as per the latest Collier County standards. Environmental: 1. Add the following sentence to Note #2 on the PUD master plan and on the Conceptual Water Management Plan. "A minimum of 3.43 acres of native vegetation shall be retained or provided in accordance with the LDC." 2. Add an "Environmental" subsection to the "Development Commitments" section of the PUD document and include the following condition in the subsection. "An analysis demonstrating that post development pollutant loading will be less than or equal to predevelopment loading in general accordance with the Harvey Harper methodology, shall be completed and submitted for review and approval prior to final site plan/construction plan approval." EAC Meeting Page 11 of 12 PREPARED BY: 6F656S STAN CHRZANO KI, P.E. DATE ENGINEERING ' ` IEW MANAGER ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT V‘/200? STEPHE LENB RGER DATE SENIOR ENVIRONMENTAL SPECIALIST ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT 94"--caU 2/1V/616 JO}ED AVID MOSS,AICP DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 12 of 12 REVIEWED BY: 44: : p.• _BURGESON 5:3-se• 01 ksa^) DATE RR.INCIPAL ENVIRONMENTAL SPECIALIST ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT „oif01 ©C-ag LL • M D. LOREt..„Nik_ , DIRECTOR, DATE ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT ' I /q-/og JEFF . RI HT DATE ASSI • T COUNTY ATTORNEY OFFIC OF THE COLLIER COUNTY ATTORNEY APPROVED BY: f A 970-5-- .EPH K. SCHMITT,ADMINISTRATORi , TE MMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES DIVISION Item VI.B.0 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 5 & 6, 2008 I. NAME OF PETITIONER/PROJECT Petition No.: AR 9337 and AR 11983 Petition Name: South Grove Lake—Conditional Use and South Grove Lake Excavation Permit Applicant/Developer: Barron Collier Partnership, L.L.L.P. Engineering Consultant: Agnoli Barber& Brundage, Inc. Environmental Consultant: Wilson Miller, Inc II. LOCATION The South Grove Lake Earth Mining project totals 158.68± acres and is located along CR-858 (Oil Well Road), east of the CR-846 (Immokalee Road) / CR-858 (Oil Well Road) intersection, in Sections 17 and 18, Township 48 South, Range 29 East, Collier County Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES The property is surrounded on three sides (north, east, and west) by land in Agricultural use, which is likewise owned by the applicant. South of the property, across Oil Well Road, is land also in Agricultural use. (Oil Well Road is proposed to be expanded to four lanes in the near future.) The north and east sides of the property are abutted by the Ave Maria Stewardship Receiving area, which is not proposed for development until after the conclusion of earth mining activities. ZONING DESCRIPTION N - Rural Agriculture row crops/AVE MARIA SRA S - Rural Agriculture row crops/across Oil Well Road E - Rural Agriculture row crops/AVE MARIA SRA W - Rural Agriculture row crops EAC Meeting Page 2 of 11 IV. PROJECT DESCRIPTION The project proposal is a 158.68 acre earth mining operation to allow the following excavation: • Earth mine (proposed west lake of 41.6 acres) • Storm water management lake(proposed east lake of 89.4 acres) Materials removed from site would be used primarily to provide fill material for the Oil Well Road widening project. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element The subject property is designated Agriculture/Rural, RLSA Overlay on the Future Land Use Map. Twenty five (25) acres of the 131.0-acre proposed excavation area is located in a Habitat Stewardship Area(HSA). The remaining 106.0 acres proposed for excavation is located in an"Open" area, which has a Natural Resource Index (NRI) of 1.2 or less. Policy 3.7 of the RLSA Overlay allows earth mining as a conditional use within HSA lands with a NRI of 1.2 or less. The applicant states that the area proposed for earth mining operations has a NRI value of 1.2 or less. Further, the applicant on September 22, 2006, submitted an application for approval of Stewardship Sending Area #9 (2006-AR- 10553) which has been approved. The Comprehensive Planning Department leaves the verification of the NRI values to the Environmental Services Department. Policy 5.3 of the RLSA Overlay limits site clearing and alteration within the HSA to 20% of the property for non-agricultural uses, unless the activity is within an SSA. On February 13, 2007 the Board of County Commissioners approved SSA #9. The west 25 acres of the subject property is located within SSA#9 and within an HSA, and Policy 5.3 permits non-agricultural uses, including excavation to exceed 20% of the subject 25 acres. In summary, this application can be found consistent with the Future Land Use Element of the Growth Management Plan. Policies 3.7 and 5.5 of the RLSA Overlay require an Environmental Impact Statement and additional demonstrations of environment compliance based on specific site conditions. The Comprehensive Planning Department leaves the determination of compliance with these and related LDC provisions with the Environmental Services Department. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality. However, staff would note that in reviewing the appropriateness of the requested uses/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and EAC Meeting Page 3 of 11 surrounding or nearby properties as to allowed use intensities and densities, development standards (setbacks, landscape buffers, etc.), building mass, building location, traffic generation/attraction, etc. The Zoning Staff recommends approval of the Conditional Use (CU) subject to the attached conditions. The CU petition will also be heard by both the Collier County Planning Commission and Board of County Commissioners. CONCLUSION: Based on the above analysis, the proposed conditional use may be found consistent with the Future Land Use Element of the Growth Management Plan. B. Conservation & Coastal Management Element Policy 1.3.2 The majority of the proposed project is designated as "open lands" in the RLSA and thus will not impact any areas identified as Flowway Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs) and Water Retention Areas (WRAs). 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." Policy 2.2.2 Project is consistent with this policy since the stormwater management system is designed to ensure that discharges from the system to off-site lands, including wetlands, will not degrade water quality. Current agricultural practices on the property include the use of throughout pumps, that discharge water from the agricultural fields into ditches and canals that lead into the farm detention area. According to the applicant the proposed project will enhance the timing of this discharge to the farm detention areas and will also improve water quality to the receiving waters. The eastern lake control elevation was established at elevation 20.0 ft NGVD during the SFWMD ERP design and will not adversely impact the hydroperiod of off-site wetlands. The eastern lake will properly attenuate peak flows during storm events and outfall from the eastern lake will help provide needed water with discharge inputs occurring following peak rainfall events during the wet season. Policy 2.2.3 — Chemical spraying for aquatic weed control will be conducted with extreme caution. The use of appropriate biological and mechanical controls in both the canal system and the stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. GOAL 3: The County shall protect the County's groundwater resources to ensure the highest water quality practicable. The western lake will not receive any runoff from developed or agricultural areas. The eastern lake will be used for surface water management. The applicant says that "the proposed project will not require the volume of water demanded by the existing agricultural use, thereby utilization of groundwater resources will be reduced. The current agricultural practices also result in loadings of nutrients and certain pesticides, which will be reduced by the proposed project." EAC Meeting Page 4 of 11 GOAL 4: The County shall conserve, protect and appropriately manage the County's fresh water resources. The proposed land use change will result in a reduction in use of groundwater. Approximately 139 million gallons per year of water use would be eliminated by ceasing agricultural irrigation in the area to be occupied by lakes (based on the modified Blaney- Criddle model used by SFWMD for calculating irrigation water demand and a lake area of 132 acres). In addition, the proposed lakes will enhance storage of water onsite and groundwater recharge. Policy 4.1.1 The proposed project will use as much as possible the existing reporting requirements and computer database of the South Florida Water Management District. Policy 4.1.2 the applicant says that agricultural pumpage will be coordinated with the agricultural community. GOAL 5: The County shall protect, conserve and appropriately use its mineral and soil resources. This project is a direct use of the County's soil resources to provide fill material for proposed County roadway improvement projects. GOAL 6: The County shall identify, protect, conserve and appropriately use its native vegetative communities and wildlife habitat. No native vegetation will be impacted. The project site is used for agricultural citrus and row crops with a low Natural Resource Stewardship Index value of less than 1.2. The only area of native vegetation exists in an isolated wetland. This wetland will be enhanced via exotic and nuisance vegetation eradication. Policy 6.1.4 — Prohibited invasive exotic vegetation shall be removed from all new developments. Prohibited exotic vegetation shall be removed from the site and it shall be maintained free of exotics, in perpetuity in accordance with Collier County Land Development Code 3.05.08. Category 1 invasive exotics identified in the Florida Exotic Pest Plant Council's (EPPC) "List of Invasive Species" will be eradicated and controlled in the proposed on- site preserve, in accordance with LDC 3.05.07H.1.g.ii. Policy 6.1.5 The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing. An aerial dated 1973, showing the majority of the site being in agricultural use is included in the EIS (Exhibit E). A 1978 aerial showing the site as completely cleared is also included in the EIS (Exhibit E-1). 6.1.8 An environmental impact statement is required. An EIS was required due to the size of the property, the projects location in relation to an HSA and due to the presence of listed species. Policy 6.2.8 - Wetlands shall be preserved pursuant to RLSA Overlay policies found in the FLUE. The one isolated wetland that is hydrologically altered by a berm surrounding it shall undergo exotic vegetation and be preserved. The wetland will be protected by a permanent conservation easement dedicated to Collier County. The agricultural berm surrounding the wetland will be removed and a 25 foot upland buffer will be created EAC Meeting Page 5 of 11 surrounding the wetland preserve. According to the applicant the project's stormwater management system will not adversely affect natural seasonal high water elevations of this wetland. GOAL 7: The County shall protect and conserve its fisheries and wildlife. The project will result in the creation of two large freshwater lakes that could provide habitat for American alligator and wading birds. The lakes will also create habitat for fish, turtles, amphibians and potentially certain raptors. The enhancement and exotic eradication of the preserved wetland and created upland buffer will increase its habitat value for wildlife. Species management plans will be established so that proper procedures will be used to ensure the safety of the wildlife. Policy 7.1.1(5) HSAs Listed animal and plant species and their habitat shall also be protected through the establishment of Habitat Stewardship Areas (HSAs) within the RLSA Overlay. The American alligator(s) and the wading birds will have increased habitat area through the creation of two large lakes and Littoral Shelves Planting Areas. Further, the connection of the western lake to the proposed habitat restoration area to the west will provide more habitat interconnectivity. Policy 7.1.3 — For the County's Rural Lands Stewardship Area (RLSA) Overlay, as designated on the Future Land Use Map, listed species shall be protected pursuant to RLSA policies found in the Future Land Use Element. The alligator and wood stork (Mycteria americana) management plans provide a plan for protecting listed species during project construction. The plan proposes converting the row crops located within the HSA area of the conditional use to a lake. Policy 7.1.4 All development shall comply with applicable federal and state permitting requirements regarding listed species protection. The U.S. Army Corps of Engineers Nationwide Permit#200607350 (Attachment D) was issued on January 8, 2007. The eastern lake was approved by SFWMD ERP Permit No. 11-02336-P (EIS Attachment El). The proposed western lake was previously permitted by the SFWMD ERP Permit No. 11-02336-P (EIS Attachment El). The applicant will comply with all applicable ERP requirements regarding listed species protection. Since project is located completely in panther (Felis concolor coryi) primary and secondary zone, the panther (Felis concolor coryi) mitigation plan will be reviewed and must be approved by the USFWS—US Fish and Wildlife Service. GOAL 11: The County shall provide for the Protection, Preservation, and Sensitive Re-use of Historic Resources. No impacts to archaeological or historical resources are anticipated by the construction of the proposed restoration plan. The project is located outside of areas of historical / archaeological probability. Per Policy 11.3 if, during the course of site clearing, an archaeological or historical artifact, or other indicator is discovered, development activities at that specific site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. EAC Meeting Page 6 of 11 The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. 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." The South Grove Lake project is part of Ave Maria and is a modification to South Florida Water Management District ERP 11-02336-P. As with all ongoing excavations, stormwater management in the traditional sense is not an issue with this project. Unless they are dewatering offsite, mining operations are not a source of water quantity concern. They generally dewater into other existing excavations within their own site, if at all. Mines of this size that sort aggregates must be permitted by the Florida Department of Environmental Protection. The only water quality concerns will be from construction vehicle fluid leaks, dust, and sediment transport; which are standard concerns for all construction projects and all of which will be controlled at the site. B. Environmental 1. Site Description The South Grove Lake land use petition is for two simultaneous applications the Conditional Use with the EIS document and the Excavation Permit. The property is 158.68± acres in size and is currently being used as agricultural lands, and has been in agricultural production for decades. The proposed site is currently a bermed agricultural operation, isolated from the surrounding lands as far as sheet flow discharge is concerned. The intent of this project is to construct both an earth mine (West Lake) 42± acres and a storm water management lake (East Lake) 89± acres. The proposed project will be split into two sections, eastern and western lakes, by a proposed road. The site consists of citrus grove and row crops and there is a single isolated wetland 0.41 acre in size that will be enhanced and preserved in the post development condition. The existing wetland is designated as Collier County preserve area and will be surrounded by a re-created 25 foot upland buffer which will be approximately 1.0' above the elevation of the adjacent wetland. EAC Meeting Page 7 of 11 The construction of the eastern lake has been approved by SFWMD ERP Permit No. 11- 02336-P (EIS Attachment El), this lake will provide water quality treatment and stormwater storage for run-off from the existing sod farm located on the northwest corner of Oil Well Road and Camp Keais Road. The lake will also provide water quality treatment and storage for a portion of the run-off from the proposed Oil Well Road widening. There is currently no water quality treatment or storage for the existing Oil Well Road. A portion of the current run-off for Oil Well Road currently enters "untreated" into a ditch that leads to Camp Keias Strand. The western lake is an isolated lake and has been previously approved by SFWMD ERP Permit No. 11-02336-P (Attachment El). This lake as proposed will provide no water quality treatment or storage for development or agricultural areas. The US Army Corps of Engineers Nationwide Permit # 200607350 was issued on January 8, 2007 as shown on EIS document (Attachment D). The Sending and Stewardship Sending Area 9 overlaps the western portion of the project site comprising the proposed western lake. After excavation is complete the mitigation planting plan for SSA 9, as shown on the EIS (Attachment I), will be implemented and the isolation berms will be removed for the western lake. The proposed expansion of Oil Well Road from 2 to 4 lanes crossing the Camp Keais Strand can cause significant impact to large mammals such as panthers (Felis concolor coryi) and black bears (Ursus americanus floridanus). Some of the impacts from the road expansion to listed species might be mitigated by the construction of 4 wildlife crossings in Oil Well Road as shown on the EIS (Exhibit I). 2. Wetlands The majority of the site is cleared agricultural fields used for row and citrus crops. There are 0.41 acres of wetland and 1.67 acres of Other Surface Waters (ditch). The wetland will be enhanced and preserved. 3. Preservation Requirements The existing native vegetation on-site is a 0.41 acre wetland. The minimum preservation requirement for this project is 15% the existing on-site native vegetation, which is 0.06 acre. Since there will be no further impact to the existing native vegetation on-site the project meets the preservation requirement. EAC Meeting Page 8 of 11 4. Listed Species The project plans to minimize impacts to listed species and their associated habitats by taking appropriate protection measures during project construction and operations activities. Following completion of the two proposed lakes the Littoral Shelves Planting Areas will be constructed within these lakes in accordance with criteria set forth in LDC 3.05.10. The Littoral Shelves Planting Areas will provide habitat that can be used for foraging by listed and non listed wading birds. Littoral Shelves Planting Areas are required by the Land Development Code to establish a planted area within an excavated lake serving as a wet detention pond as part of a stormwater management system. The western lake as proposed is an isolated lake and therefore, there is no requirement to create a Littoral Shelf Planting Area. The Littoral Shelf Planting Area for the eastern lake as proposed is current under review. The Camp Keais Strand is within a mile of the project and provides abundant habitat for wading bird species. No nests for wading birds were observed on the project site. Listed wading birds seen foraging on site include the little blue heron (Egretta caerulea). Two American alligators were observed onsite, basking along the banks of the farm ditch. The resulting lakes and associated shoreline can create a net increase of wading bird and alligator habitat. Although U.S. Army Corps of Engineers did not require panther (Felis concolor coryi) compensation under Section 404 Permit the applicant does propose to provide mitigation for impacts to the panther (Felis concolor coryi) habitat. The project site is within the current range of panthers (Felis concolor coryi) and, though primarily agricultural, may be used by panthers (Felis concolor coryi) and panther prey species. The panther (Felis concolor coryi) mitigation plan proposed by the applicant has to be reviewed and approved by the US Fish and Wildlife Service prior to the issuance of the Excavation Permit. Project site is located at Florida black bear (Ursus americanus floridanus) habitat range, agricultural lands such as these is known also to provide suitable habitat for the eastern indigo snake (Drymarchon corais couperi). Black bear (Ursus americanus floridanus) management plan is included in the EIS document (Attachment A2) and eastern indigo snake (Drymarchon corais couperi) protective plan (Attachment A3). According to US Florida Fish and Wildlife Service's database the project site is within the 18.6-mile core foraging area of four historic wood stork (Mycteria americana) colonies. Even if the wood stork (Mycteria americana) has not been observed during the listed species survey a management plan is required and it is included in the EIS (Attachment Al). In addition to the management plans, color photographs of the American alligator (Alligator mississippiensis), wood stork (Mycteria americana), black bear (Ursus americanus floridanus), and Eastern indigo snake (Drymarchon corais couperi) are EAC Meeting Page 9 of 11 included in the EIS. These educational photos will be used, along with the listed species management plans to educate the contractor. The EIS is current under the 5th Review and Collier County Environmental Staff conducted a site visit to the proposed project site on October 16th 2006 from 8:30AM to 1:00PM. It was a sunny day with moderate winds and temperature around 80°F. No listed species were observed during the site visit. A second site visit will be scheduled for the Conservation Easement review. VII. RECOMMENDATIONS Staff recommends approval of South Grove Lake — Conditional Use and Excavation Permit with the following conditions: Stormwater Management: 1. None Environmental: 1. The mitigation plan to compensate panther (Fells concolor corgi) habitat impact by the project proposed by the applicant has to be approved by USFWS—US Fish and Wildlife Service.; 2. The Conservation Easement for the on-site wetland preserve shall be approved prior to the Excavation Permit issuance by Collier County; 3. Littoral Shelf Planting Area final location for eastern lake has to be approved prior to the Excavation Permit issuance. EAC Meeting Page 10 of 11 PREPARED BY: Ai lS FE73 08 STAN CHRZANOWS4 , P.E. DATE ENGINEERING REV `W MANAGER ENGINEERING SERVICES DEPARTMENT tauAkcaio l kOU) / 15 / 0 8 CLAUDIA PIOTROWICZ DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT 6-r w4Y-) Q\t,5k. WILL E BROWN DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 11 of 11 REVIEWED BY: 2/s-ZZVd SUSAN S 6 DATE PRIN' ' • ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT i • iX i// ei LLIAM D. L(05" N , Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR IF ) 7( q/0 g JEFF 0 H DATE ASSIS • T COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: .2-4.W • EPH K. SCHMITT DAT •MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES •MINISTRATOR ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF March 5th, 2008 I. NAME OF PETITIONER/PROJECT: Petition No: Plat and Plans PPL-2004-AR-6476 Petition Name: City Gate Commerce Phase Two-PPL Applicant/Developer: City Gate, LLC Engineering Consultant: Butler Engineering, Inc. Environmental Consultant: Davidson Engineering, Inc. II. LOCATION: The City Gate Commerce Center Phase Two (plat) is located within Section 35, Township 49 South, Range 26 East, Collier County, Florida. The proposed plat is located at the intersection of Collier Boulevard and City Gate Boulevard which is located north of the I-75 and Collier Boulevard intersection, folio number 00298440304. The construction plans and plat submittal are proposing a 95.31 acre phase of an industrial subdivision. III. DESCRIPTION OF SURROUNDING PROPERTIES: The proposed plat is generally bordered on the north by Golden Gate Estates Unit 28, on the south by the White Lake Industrial Park PUD, on the east by a portion of the Citygate PUD that is unplatted and on the west by the City Gate PUD (Phase One plat) and the Collier County Water Treatment Plant. ZONING DESCRIPTION N- Estates Single-family homes S - PUD (White Lake Industrial Park) Industrial E - PUD (Citygate) Unplatted W - PUD (Citygate) Commercial/Industrial Rural Agricultural (PU) Collier County Water Treatment Plant EAC Meeting Page 2 of 11 IV. PROJECT DESCRIPTION: Construction Plans & Plat for 20 industrial lots on 95.31 acres. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: A portion of the subject property is designated Urban Commercial District, Interchange Activity Center Subdistrict (Activity Center #9) — those portions of Lot 1, City Gate Blvd. North, and Lot 11, located at the northwest corner of the plat and lying west of an imaginary northerly extension of the west lot line of Lots 12 thrul8 — and the balance is designated Urban Industrial District, both as depicted on the countywide Future Land Use Map and in the Future Land Use Element of the Growth Management Plan. The Interchange Activity Center designation allows the full array of commercial uses (C-1 thru C-5), and the Industrial designation allows industrial and business park uses as per those respective zoning districts; neither contains specific development standards, minimum lot sizes, or other requirements to be depicted on a plat. The existing City Gate PUD allows commercial and industrial land uses, in the respective areas of the site, consistent with the property's Future Land Use designations. Conservation & Coastal Management Element: This project is consistent with policy 6.1 and 6.2 regarding the selection of preserves. City Gate is an industrial project in the Urban Designated Area and has a native vegetation preservation requirement of 15%. The native vegetation requirements for this project were established through the original DRI process (DRI-DO 88-2). During the Vested Rights Determination process, a required yard plan was established, determining the amount and location of native preservation. The required yard plan specifies that the native vegetation goal amount to be retained in yards is 5.15 acres (EIS Exhibit 10). In the vested development order, native vegetation east of the FPL easement is preserved by minimum parcel sizes of two acres, with minimum yard requirements of fifty feet front and rear, and twenty five feet side, with a maximum of 20% of required yards devoted to parking or vehicular drives. It is also required that at least 30% of each parcel must be devoted to natural and/or installed landscaped areas. The City Gate project fulfills the native preservation requirement amount of 15%. Through the Vested Rights Determination, the placement and configuration of the preserve areas are deemed consistent with current GMP requirements. As required by policy 6.1.4, prohibited invasive exotic vegetation shall be removed and maintained in perpetuity from the City Gate phase two location. EAC Meeting Page 3 of 11 As required by policy 6.1.7, the required yard plan shall be composed of native vegetation. Native vegetation shall also be utilized in landscaped areas. The EIS required by Policy 6.1.8 has been prepared and is supplied as part of the review packet for this submittal. As required by policy 6.2.1 and 6.2.2, the South Florida Water Management District (SFWMD) has conducted a site visit and field verified the wetland jurisdictional boundaries for the City Gate project location. The westernmost FLUCCS 424 wetland (10.39 acres) is proposed for impact in Phase Two. The two other wetlands, FLUCCS 624 (0.69 acres) and FLUCCS 624 (1.32 acres), are located beyond phase two and will not be impacted until these future areas are platted. However, all present and future wetland impacts and their associated mitigation requirements will be fulfilled in the SFWMD's Environmental Resource Permit. Currently, City Gate is in the process of obtaining the required ERP. Approval of the ERP and review by the Collier County Engineering and Environmental Services Department will deem the project consistent with the Growth Management Plan. A site visit conducted by The Army Corps of Engineers (USACE) confirmed the wetlands on site to be isolated. Therefore it was concluded that no USACE jurisdictional wetlands exist on the City Gate property. Regarding policy 6.2.6, the approved required yard plan states that the Master Property Owners Association or Community Development District are responsible for the protection and maintenance of required yards (Required yard Plan, Section VI, Paragraph D). The exact location and extent of required yards will be delineated at the time of Site Development Plan submittal. As required by Policy 7.1.2, a listed species survey was conducted on the property and is contained in the EIS (Exhibit 14). As required by Policy 11.1.2, correspondence was sent to the Florida Department of State Division of Historical Resources (DHR) regarding possible archaeological or historical sites within the project area (EIS Exhibit 27). In a letter dated February 23rd , 2000 the DHR stated that no archaeological sites or historical standing structures are known to exist on the property. VI. MAJOR ISSUES: 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 EAC Meeting Page 4 of 11 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." 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 areas and at-grade "natural" detention areas to provide water quality retention and peak flow attenuation during storm events. The project is bounded by a perimeter berm to contain the 25-year/3-day design storm event and discharge is through a control structure and outfall pipe to the Main Golden Gate Canal. The proposed stormwater treatment facilities are intended to be temporary and subject to change upon the approval of development plans for the future Phase 3 portion of the property. At that time, it is proposed that a final configuration will combine the stormwater management facilities for both Phases 2 and 3. An issue relating to this application is floodplain encroachment and compensating storage in accordance with Objective 2.1 of the Conservation and Coastal Management Element of the Growth Management Plan. The Main Golden Gate Canal has been computer modeled by the Big Cypress Basin staff. Their analysis shows that for the 1-percent annual chance storm event (commonly referred to as the 100-year storm event), the Main Golden Gate Canal will reach a peak stage elevation of 13.2' NGVD. Elevations on the Citygate property range between 10.4' to 11.7' NGVD, based upon information provided by the applicant's engineer. When computing the peak staging of the Main Golden Gate Canal, the Big Cypress Basin staff included overbank flow conditions for approximately one mile beyond the canal limits. The filling of this project will displace a volume of stormwater that can currently be stored on the property. That displaced volume needs to be provided by compensating storage either on the subject property or in close proximity at the same elevation. Without compensating floodplain storage, the peak staging of the Main Golden Gate Canal will be impacted such that other properties could be affected. The South Florida Water Management District has requested the applicant to perform a floodplain compensating storage analysis as a part of their Environmental Resource Permit review and may require compensating storage as part of the SFWMD permit. The applicant is currently evaluating this matter with the District. EAC Meeting Page 5 of 11 Environmental: Site Description: The City Gate Commerce Park phase two constitutes approximately 95.33 ± acres (83.16 ± acres of land east of the 170 foot FPL easement). The entire parcel, including the 12.33 ± acres FPL easement, is 252.67 ± acres. The EIS addresses not only phase two but also the 240 ±acres east of the FPL easement. On site vegetation communities for the entire parcel (as verified by staff on-site) include saw palmetto (27.00 ±Acres), palmetto disturbed (9.99 ± Acres), pine flatwoods (167.68 ±Acres ), brazilian pepper (1.47 ± Acres), Melaleuca monoculture (3.08 ± Acres), hydric Melaleuca monoculture (21.76 ±Acres), live oak (0.67 ±Acres), and pine/cypress/cabbage palms (2.01 ±Acres). Wetlands: As required by policy 6.2.1 and 6.2.2, the South Florida Water Management District (SFWMD) has conducted a site visit and field verified the wetland jurisdictional boundaries for the City Gate project location. The westernmost FLUCCS 424 (hydric Melaleuca monoculture wetland 10.39±Acres ) is proposed for impact in Phase Two. The two other wetlands, FLUCCS 624 E-1 (pine/cypress/cabbage palms 0.69 ±Acres) and FLUCCS 624 E-2 (pine/cypress/cabbage palms 1.32 ±Acres), are located beyond phase two and will not be impacted until these future areas are platted. As per direction from the SFWMD, all present and future wetland impacts and their associated mitigation requirements will be fulfilled in the Environmental Resource Permit currently under review. Approval of the ERP and review by the Collier County Engineering and Environmental Services Department will deem the project consistent with the Growth Management Plan. A site visit conducted by The Army Corps of Engineers (USACE) confirmed the wetlands on site to be isolated. Therefore it was concluded that no USACE jurisdictional wetlands exist on the City Gate property. Preservation Requirements: This project is consistent with policy 6.1 and 6.2 regarding the selection of preserves. City Gate is an industrial project in the Urban Designated Area and has a native vegetation preservation requirement of 15%. The native vegetation requirements for this project were established through the original DRI process (DRI-DO 88-2). In November 2005, a required yard plan determining the amount and location of native preservation was established through the Vested Rights Determination. The required yard plan specified that the native vegetation goal amount to be retained in yards was 5.15 acres. In the vested Development Order, native vegetation east of the FPL easement is preserved by minimum parcel sizes of two acres, with minimum yard EAC Meeting Page 6 of 11 requirements of fifty feet front and rear, and twenty five feet side, with a maximum of 20% of required yards devoted to parking or vehicular drives. It is also required that at least 30% of each parcel must be devoted to natural and/or installed landscaped areas. The City Gate project fulfills the native preservation requirement amount of 15%. According to the Vested Rights Determination, the maintenance responsibility of all required yards shall be the Master Property Owners or the Community Development District. The Association or District shall have the authority to enforce violations, by lien or tax assessment, and to secure compliance of damaged or destroyed native vegetation within the required yards. The Association or District shall have the authority and responsibility to install replacement native vegetation on a required yard for violation of this plan. Through the Vested Rights Determination, placement and configuration of the preserve areas are deemed consistent with current GMP requirements (EIS Exhibit 10). Listed Species: Habitat Conservation Plan (HCP) The City Gate HCP document details the management plan and mitigation activities for the Red-Cockaded Woodpecker (RCW) (Picoides borealis) and the Florida Panther (Felis concolor coryi). The HCP is currently awaiting publication in the federal registry. Red-Cockaded Woodpecker (RCW) (Picoides borealis) RCW's have been observed on the property since 1987 and have also been observed by staff while conducting a site visit in 2008. During a survey conducted in 2007, a resident pair of RCW's was present and that pair produced two fledglings, a male and a female. The male sub-adult was translocated to one of the six mitigation clusters in the Picayune Strand State Forest (PSSF) with a female from the Orlando area. A translocation permit (# WX07586) was obtained from the State of Florida. An Incidental Take Permit (ITP) shall be obtained for the translocation of future juvenile RCW's produced by the resident adult RCW pair each year for three years during the fall. Assuming a maximum of two fledglings per year, the total would not exceed six birds during that time period. The resident breeding pair will then be transferred to the PSSF after three years. All RCW mitigation work began in 2004, prior to obtaining the ITP, as per the direction from the technical agencies. Further mitigation activities for the take of RCW habitat are outlined in the EIS on pages 48-53 as well as in the Habitat Conservation Plan in section 2.5.1 and 5.0. Florida Panther (Felis concolor coryi) Although the Florida panther has not been observed on site, this property is in an area designated as primary panther habitat by the USFWS. Included as part of the mitigation activity for the take of primary panther habitat, a study has been funded to • EAC Meeting Page 7 of 11 evaluate and identify priority highways within Collier County where installation of wildlife crossings may be needed. A proposed mitigation activity for the Florida panther includes the construction of a wildlife crossing fence within a section of CR 846 east of Immokalee, Florida, where vehicle related mortalities have been increasing. Big Cypress Fox Squirrel (Sciurus niger avicennia) A single big cypress fox squirrel was observed on site at the margin of the central Melaleuca area. As part of the BCFS management plan, the required yards (required preserve areas) shall be maintained in such a manner as to ensure nearly 0% of exotic coverage. The limits of the required yards will be flagged in the field prior to construction activities on each specific lot in order to prevent accidental encroachment into these areas. Immediately prior to construction, each lot to be developed will be resurveyed for BCFS nests. If any nests are observed, buffers of 125 feet will be maintained around each nest tree until they are found to be either abandoned or inactive as confirmed by a qualified biologist. Gopher Tortoise(Gopherus polyphemus) A gopher tortoise survey conducted in August of 2007, has estimated the gopher tortoise population on site to be approximately between five to eight individuals. Management of the gopher tortoise population will be through offsite relocation to two parcels totaling approximately eighteen acres that are in-holdings in the northern Picayune Strand State Forest (PSSF). A gopher tortoise relocation permit (Permit # WR07635) has been obtained from the Florida Fish and Wildlife Conservation Commission (FWCC) on December 7th, 2007. Wild Pine (Tillandsia fasciculate) and the Florida Butterfly Orchid (Encyclia tampensis) Both species of plants were found on site. Prior to clearing, the site will be re- surveyed for these listed plants and any individuals that can be reached will be relocated to the required yard preserve areas on the property. VII. RECOMMENDATIONS: Staff recommends approval of Plat and Plans No: PPL-2004-AR-6476 "City Gate Commerce Phase Two"with the following stipulations: Stormwater Management: No stipulations. EAC Meeting Page 8 of 11 Environmental: 1) Section III 1.C. of the Required Yard Plan: Within sixty days of the issuance of a clearing permit for the right of way to be platted, the aerial and maps for plat submittals identifying native trees within the yards will be ground truthed and a revised ("ground truthed") aerial and FLUCFCS map must be submitted. The FLUCFCS map shall delineate the native tree species as well as the percentage utilized within an area and the range of diameter-breast-height (DBH) sizes. Additionally, an aerial (with a scale of no more the 1:300) identifying native trees having a DBH of 8" or more located within the Required Yards will be submitted. 2) Receipt of the approved Environmental Resource Permit from the South Florida Water Management District. A copy of the permit shall be forwarded to Environmental Services for review. Upon submittal, if the ERP is different from this plat, then a resubmittal shall be required. 3) A copy of the approved Offsite Relocation Permit for the cover loss to RCW and Florida Panther habitat. 4)Final approval of the Habitat Conservation Plan. 5) Please provide a report to the Environmental Services staff on the results of the relocation of the gopher tortoise within thirty days of relocation. Please provide in the report the number of burrows excavated, the number of tortoises relocated, and the final relocation site. EAC Meeting Page 9 of 10 PREPARED BY: 2-2r-o9 ROBERT WILEY, . . DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT 2- a y- (Dg CHRIS D'ARCO DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT CRAIG DAVIS DAT PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW EAC Meeting Page 10 of 10 REVIEWED BY: . aNtI U-- c-)--,,28-- 4gi BARBARA S. BURGESOr DATE PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT I I' AP/ f/ - tice. oZ•2�6-o8 ILLIAM D. LO' NZ, Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR ii Jeff _• t DA I h ASSIS NT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: t EPH K. SCHMITT DA E •MMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES ADMINISTRATOR Dear EAC Members, Thank you for reviewing the Rural Lands Stewardship Phase I Technical Review. I would like to extend an invitation to meet with any of you to answer any questions or go over any issues that you may have before the March 5, 6 meeting. I will be available for phone calls or face to face meetings the week of February 25th Your participation in the review of this important county program is greatly appreciated. Sincerely, Noah Standridge noahstandridge@colliergov.net 252.4258 office 777.7145 cell I r, V ` ' %� 4>4 In 2002 the Collier County Rural Lands Stewardship Area(RLSA) was adopted into the County's growth management initiatives. Nowhere in Florida or the nation had this type of landmark planning initiative taken place, and the implementation and outcome were uncertain. Over the past three months, the Rural Lands Stewardship Area Review Committee has had the opportunity to assess the achievements of the program during its first five years in operation. The learning curve was steep, and a great deal of committee time and energy was spent on becoming reacquainted with the complex mechanics of the program. I am glad to say the committee was successful in absorbing the details of the program and evaluating the status to date. The report before you, provides a quantitative synopsis of how far along the program has come in protecting environmentally valuable lands and establishing communities in the far eastern lands of the county. This Phase I Technical Review is the first step in a comprehensive review of the program. It lays the foundation to evaluate how the objectives and policies have resulted in reaching the goals of the RLSA. The Committee has worked very well together, and on Feb 5t", voted unanimously to forward the Phase I Technical Review to the Environmental Advisory Council, the Collier County Planning Commission, the Board of County Commissioners, and the Department of Community Affairs. Ron Hamel, Chairman Rural Lands Stewardship Review Committee RURAL LANDS STEWARDSHIP AREA FIVE-YEAR REVIEW PHASE I — TECHNICAL REVIEW This Phase I - Technical Review is a requirement of the Collier County Growth Management Plan (GMP FLUE RLSA 1.22). The review is intended to provide an a ssessment of activity that has occurred within the Rura I Lands Stewardship Area(RLSA)over the past five years, 2003- 2008. It is the role of the committee to assist in determining whether the activity presented in the review supports or does not support the goals of the Collier County RLSA, which is to: protect agricultural activities and to prevent the premature conversion of agricultural land to non-agricultural uses direct incompatible uses away from wetlands and upland habitat enable the conversion of rural land to other uses in appropriate locations discourage urban sprawl and to encourage development that utili zes creative land use planning techniques The Phase I review is intended to focus on the specific item s detailed in Policy 1.22 (see below.) An evaluation of the RLSA Group 1-5 policies will occur during the Phase II of the review process. The information presented in this report represents the current status of the RLSA program. The intention of the program is to encourage the designation of Stewardship Sending Areas (SSA) that private landowners voluntarily limit land-uses on through a Stewardship Easement in exchange for Stewardship Credits that can be u sed to entitle Stewardship Receiving Areas (SRA). GMP FLUE 1.22: The RLSA Overlay was designed to be a long-term strategic plan with a planning horizon Year of 2025. Many of the tools, techniques and strategies of the Overlay are new, innovative, incentive based, an d have yet to be tested in actual im plementation. A comprehensive review of the Overlay shall be pre pared for and reviewed by Collier County and the Department of Community Affairs upon the five-year anniversary of the adoption o f the Stewardship District in the LDC. The purpose of the review shall be to assess the participation in and effectiveness of the RLSA program in meeting the Goal, Objective and Policies set forth herein. 1. The amount and location of land designated as FSAs, HSAs, WRAs and other SS As. 2. The amount and location of land designated as SRAs. 3. The number of Stewardship Credits generated, assigned or held for future use. 4. A comparison of the am ount, location and type of Agriculture that existed at the tim e of a Study and time of review. 5. The amount, location and type of land converted to non-agricultural use with and without participation in the Stewardship Credit System since its adoption. 6. The extent and use of funding provided by Collier County and other sources Local, State, Federal and private revenues described in Policy 1.18. 7. The amount, location and type of restoration through participation in the Stewardship Credit System since its adoption. 8. The potential for use of Credits in urban areas. The RLSA program was created through a collaborative community based planning process involving county residents,area property owners,and representatives of community and governmental organizations under the direction of a citizen oversight committee.The creation of the program was driven by data and evaluated by the committee and public over the course of 33 meetings. For more information on the sources of data used and analysis methods,see the Rural Lands Study Stage I and the Report and Recommendations of the Collier County Rural Lands Assessment Area Oversight Committee.Both are available through Collier County Government.http://www.colliergov.net/Index.aspx?page=2300 2 Definitions (LDC 4.08.01): ACSC. Area of Critical State Concern Agricultural Group 1 Uses (4.08.06 B4). Generally higher intensity agricultura I uses including: row crops, citrus, nurseries, and related support uses. Agricultural Group 2 Uses (4.08.06 B4). Generally lower intensity agricultural uses including: pasture, forestry, hunting cabins, cultural and recreational facili ties, and related support uses. Early Entry Bonus Credits (FLUE RLSA Policy 1.21). The bonus shall be in the form of an additional one Stewardship Credit per acre of land designated as a HSA located outside of the ACSC and one-half Stewardship Credit per acre of land designated a s HSA located inside the ACSC. The early entry bonus shall b e available for five years from the effective date of the adoption of the Stewardship Credit Sys tem in the LDC. Fallow. Farmland that is not currently being farmed but has been in the past and could be in the future. FSA - Flow way Stewardship Area. Privately owned lands delineated on the RLSA Overlay Map, which primarily include privately owned wetlands that are located within the Cam p Keais Strand and Okaloacooche e Slough. FSAs form the primary wetland flow way systems in the RLSA District. Future Land Use Map (FLUE). Two maps of Collier County are provided as exhibit 1 (2007 GMP FLUE RLSA submap) and exhibit 5 (2002 FLUE). HSA- Habitat Stewardship Area. Privately owned lands delineated on the RLSA Overlay Map, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat with natural characteristics, thus forming a continuum of landscape that can augment habitat values. Land Use Layer. Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix. Layers are removed in order from higher to lower intensity and include: Residential Land Uses, General Conditional Uses, Earth Mining and Processing Uses, Recreational Us es, Agriculture - Group 1, Agriculture— Support Uses, Agriculture - Group 2. Land Use Matrix (Matrix). The tabulation of the permitted and conditional land uses within the Baseline Standards set forth in Section 4.08.06 B.4., with each Land Use Layer displayed as a single column. Natural Resource Index(Index). A measurement system that establishes the relative natural resource value of each acre of land by objectively measuring six different characteristics of land and assigning an index factor based on each characteristic. The sum of these six factors is the Index value for the land. The six characteristics measured are: Stewardship Overlay Delineation, Proximity to Sending Area (HSA, FSA, WRA), Listed Species Habitat, S oils/Surface Water, Restoration Potential, and Lan d Use/Land Cover. Open Lands. Areas outside the ACS C or HSA, FSA, or WRA with Natural Resource Index values less than 1.2. 3 Restoration Zone. Privately owned lands delineated on the RLSA Overlay Map that are located within 500 feet of an FSA, but are not otherwise included in an HSA or WRA. R1. (GMP RLSA Policy 3.1). Lands are designated by the property owner for restoration activities. The actual implementation of restoration improvements is not required for the owner to receive credits. R2. Lands are designated and undertaken by the landowner for restoration activities. Credits are assigned but not available for transfer until the restoration activities have met applicable success criteria. SRA - Stewardship Receiving Area. A designated area within the RLSA District that has been approved for the development of a Hamlet, Village, Town or CRD and that requires the consumption of Stewardship Credits. SSA- Stewardship Sending Area. A designated area within the RLSA District that has been approved for the generation of Stewardship Credits in exchange for the elimination of one or more Land Use Layers. Stewardship Credit(Credit). A transferable unit of measure generated by an SSA and consumed by an SRA. Eight credits are transferred to an SRA in exchange for the development of one acre of land as provided in Section 4.08.06 B. Stewardship Credit System. A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural development. The greater the value of the natural resources being preserved and the higher the degree of preservation, the greater the number of credits that can be generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. WRA -Water Retention Area. Privately owned lands delin eated on the RLSA Overlay Map, that have been permitted by the SFWMD to function as agricultural water retention areas and that provide surface water quality and other natural resource value. 4 1. Identify the amount of land designated as Flow way Stewardship Areas (FSA), Habitat Stewardship Areas (HSA), Water Retention Areas (WRA), and other* Stewardship Sending Areas (SSA). *Other SSA lands include Open designated lands Attached Map 1 shows an overview of the entire Rural Land Stewardship Area (RLSA) with lands designated as FSA, HSA, WRA and Open. Table 1-A provides a summary of the acreage of each designation and the acres that have been protected through Stewardship Sending Areas since the RLSA program inception (5-yrs). The 5-yr percentage column shows that of all lands within the RLSA designations, a total of thirteen percent have been protected to date within a SSA. Thirty percent of all FSA and HSA designated land has been protected to date. The acreages in this report have been rounded to the nearest acre, except in Table 1D where exact acreages are reported to the one-hundredth of an acre. Table 1-A Summary of RLSA Designations within Sending Areas Approved RLSA Total RLSA Designation Acres SSA Acres Approved 5-yr Percentage FSA 31,100 9,206 30% HSA 40,000 12,283 31% WRA 18,200 44 0.2% Open 93,100 2,593 3% Total 182,400 i 24,126 13% Source: Recorded SSA Easement Agreements Note- Acreages listed in this report have been rounded to the nearest acre, except in Table 1D where exact acreages are reported to the one-hundredth of an acre. Margin of error may be +/- 1%. Table 1-B Summary of RLSA Designations within Sending Areas Pending RLSA ITotal Acres SSA Acres Pending5- r Percentage Designation y FSA 31,100 10,619 34% HSA 40,000 17,703 44% WRA 18,200 3,034 17% Open 93,100 474 < 1%- Total 182,400 1 31,830 17%1 Source: SSAs under review and property owners 5 Table 1-C Summary of RLSA Designations within Sending Areas Approved & Pending RLSA I SSA Acres Approved & Designation Total Acres Pending 5-yr Percentage FSA 31,100 _ 19,825 64% HSA 40,000 29,986 75% WRA 18,200 3,078 17% Open 93,100 3,067 3% Total 182,400 55,956 31% Source: Recorded SSA Easement Agreements, SSAs under review, and property owners A series of maps have been prepared to illustrate the location of the protected lands and their designations. • Map 1A illustrates the 19,825 acres of FSA within SSAs approved and pending; • Map 1B illustrates the 29,986 acres of HSA within SSAs approved and pending; • Map 10 illustrates the 3,078 acres of WRA within SSAs approved and pending; • Map 1D illustrates the 3,067 acres of Open, including 500-foot restoration buffer zones, within SSAs approved and pending; and • Map 1E illustrates all 55,956 acres of all lands within SSAs approved and pending. Note-all map acreages are rounded to the nearest acre, margin of error +/-1%. To provide further information on the approved and pending Stewardship Sending Areas, Tablet-D provides detailed information for each SSA including acreage designation type and land uses remaining as set forth in each recorded SSA easement agreement that has been approved by the county. Each SSA is subject to a perpetual restrictive easement (Stewardship Easement) that runs with the land. The Stewardship Easements are required to be in favor of Collier County and one of the following: Florida Department of Environmental Protection (DEP), Florida Department of Agriculture and Consumer Services, SFWMD, or a recognized statewide land trust. The Stewardship Easement sets forth the land uses that have been eliminated and which the SSA property is prohibited from utilizing. The Stewardship Easement also sets forth the land uses that remain on the SSA property, the specific land management measures that must be undertaken, and the party responsible for implementing those measures. Table 1-D shows Ag-1, which includes agricultural uses remain, including: row crops, citrus, specialty farms, horticulture, plant nurseries, improved pastures for grazing, and similar activities, including agricultural support uses. Ag-2 includes these agricultural activities remain, including: unimproved pastures for grazing and ranching, forestry, and similar uses and related support uses. In summary, the SSAs approved have protected 23,422.4 acres of agriculture use. All other more intensive uses not otherwise indicated have bee n removed from the land. 6 Table 1-D Each SSA Approved & Pending Acreage Type and Land Use Levels Remaining SSA# Acreage Acres Ag-1 Ag-2 Other Total Acres Type SSA 1 FSA 146.58 146.58 146.58 SSA 2 FSA 653.65 HSA 50.49 704.14 704.14 SSA 3 FSA 509 1,078.64 2,116.91 3,195.54 HSA 2,686 SSA 3a HSA 248.9 220.6 n/a* SSA 4 FSA 198.18 654.01 585.91 1,239.92 HSA 1,041.74 FSA 196.0 SSA 5 HSA 1,629.8 1,852.3 1,852.3 Open 26.5 SSA 5a FSA 1.7 651.3 HSA 649.6 Conservation n/a * SSA 6 FSA 4,926.2 2,712.7 7,198.4 9,911.1 HSA 4,984.9 FSA 399.6 SSA 7 HSA 486.5 985.4 985.4 Open 99.3 FSA 1,619.9 SSA 8 HSA 1,247.9 815.0 4,484.5 5,299.5 Open 2,432.0 Open 34.2 SSA 9 FSA 556.5 50.1 WRA 43.5 739.3 Earth Mining 789.4 HSA 155.2 Total Approved 24,123.88 5,260.35 19,034.04 701.40 24,123.88 FSA 0 SSA 10** HSA 5,854 Application 5,861 Submitted WRA 1 Open 6 FSA 1,191 SSA 11** HSA 2,212 Application 3,700 Submitted WRA 198 Open 99 FSA 1,788 SSA 12** HSA 2,933 4,791 Pre-app meeting held WRA 0 Open 70 FSA 4,232 SSA 13** HSA 1,313 Pre-app meeting held WRA 1,616 7,430 Open 269 7 SSA# Acreage Acres Ag— 1 Ag-2 Other Total Acres Type SSA 14** FSA 1,048 Application HSA 663 Submitted WRA 1 1.713 Open 0 FSA 2,196 SSA 15** HSA 1,827 Pre-app meeting held WRA 1,209 5,259 Open 27 FSA 164 SSA 16** HSA 2,901 Pre-app meeting held WRA 9 3.077 Open 3 Total Pending 31,830 n/a** n/a** n/a** 31,830 Total 55,953.88 55,953.88 Approved+Pending Source: Recorded SSA Easement Agreements, Collier County SSA Land Characteristics Summary, SSAs under review, and property owners SSAs 3A& 5A are amended applications to include restoration areas. Acreage is already included in 3& 5. ""SSAs 10, 11, 12, 13, 14, 15, & 16 have yet to be approved by the county and data is included where available as informational only. The FSA and HSA overlays were designed to incentivize protection of the major regional flowways within the RLSA and the large landscape-scale mosaic of native habitats and agricultural lands adjacent to the FSAs. These lands provide major hydrological and ecological linkages within the region. As depicted on Map 1E, of the 31,100 acres designated as FSA, 19,825 acres of FSA (64% of total FSA) are protected via approved and pending SSA designations. Approved and pending SSAs also account for 29,986 acres of HSA overlay areas (75% of total HSA). Map 1F illustrates the existing and pending SSA lands protect from intensive development a large extent of lands targeted for public acquisition by Florida Forever and its predecessor programs. SSAs 1, 2, 6, 7, 9, 13, 14, and 15 protect the vast majority of Corkscrew Regional Ecosystem Watershed (CREW) lands within the RLSA, which were first delineated in the 1970's. SSAs 8 and 11 protect lands within the Collier County portion of the Devil's Garden Florida Forever project. Additionally, SSAs 3, 4, and 5 were designated specifically to protect an important landscape linkage for the Florida panther across CR 846, which has a high incidence of panther-vehicle interactions. These designated SSAs will allow for the eventual establishment of fenced wildlife crossings. SSAs 6, 10, and 12 comprise 20,000 acres along the southern portion of the RLSA, protecting high-quality panther habitats that are directly adjacent to the Florida Panther National Wildlife Refuge (FPNWR) and Big Cypress National Preserve (BCNP). 8 2. The amount and location of land designated as Stewardship Receiving Areas (SRA). As shown in Table 2-A, the Town of Ave Marie SRA approved by the county in 2002 contains 5,027 acres. Over 1,000 of the total acres are public benefit uses, including Ave Maria University. The proposed Town of Big Cypress is anticipated to be the second SRA proposed in the Collier RLSA. The pre-application and DRI information list the town as 2,798 acres. The SRA application is expected to be filed in the sum mer of 2008. Table 2-A SRA Acreage SRA Designation Acres Public Benefit Uses (Acres) Town of Ave Maria SRA 4,000 1,027 Town of Big Cypress SRA* 2,798 pending Total 6,798 1,027 *proposed The attached Map 2 shows the location of the existing Town of Ave Maria SRA and the proposed location of the Town of Big Cypress. 3. The number of Stewardship Credits generated, assigned or held for future use. Stewardship Credits (Credits) are created from any lands within the RLSA District from which one or more Land Use Layers are removed and are designated as an SSA. All privately owned lands within the RLSA are a candidate for designation as a SSA, however, lands having high ecological vale, such as lands within an FSA or HSA, generate more credits per acre than the "Open" designated lands. Stewardship Credits can only be generated through the approval of Stewardship Sending Areas using the methodology for the calculation of Credits. The methodology includes: 1) The Natural Resource Index Value of the land being designated as a SSA; and 2) The number of land use layers being eliminated. There are also additional incentive Credits to encourage the voluntary designation of SSAs within the RLSA District; such as early entry bonus Credits, slough/strand index upgrade (buffer area Credits), and restoration (R1 and R-2) Credits. Eight Credits are required for each acre of land included in a SRA, except for open space in excess of the required thirty-five percent as described in Policy 4.10 or for land that is designated fora public benefit use described in Policy 4.19. A. STEWARDSHIP CREDITS ASSIGNED As of December, 2007, there have been a total of 9 SSAs that have been approved; totaling 24,126 acres. As shown in Table 3-A these 9 SSAs have been assigned a total of 59,451.49 Stewardship Credits including Early Entry, R-1 and R-2 Credits. However, the R-2 Credits that have been assigned are not available for utilization and transfer until the restoration work has been successfully completed. 9 Table 3-A Stewardship Credit Summary SSA# Acres Total Credits Assigned R-2 Credits 1 146.58 263.6 0 2 704.14 1,268.1 0 3 3,195.54 4,675.3 0 3A* 0 606.6 0 4 1,239.92 1,676.7 0 5 1,852.3 2,938.3 0 5A* 0 1,504.9 0 6 9,911.1 25,525.1 4,286.4 7 985.4 5,870.1 1,835.9 8 5,299.5 7,876.1 299.6 9 789.4 7,246.6 2,765.5 TOTAL 24,123.88 59,451.49 9,187.4 Source: Recorded SSA Easement Agreements *SSAs 3A&5A are amended applications to designate restoration areas. Acreage is already included in SSAs 3&5. B. STEWARDSHIP CREDITS ASSIGNED OR HELD FOR FUTURE USE As of December 11, 2007, the Town of Ave Maria (4,000 ac) is the only approved Stewardship Receiving Area (SRA) within the RLSA. The Town of Ave Maria utilized 28,658.4 Stewardship Credits gener ated from SSAs 1 through 6 (See Table 3-B). Table 3-B Summary of Credits Transferred and Utilized for the Town of Ave Maria Credits Credits Held for SSA# Acres Total Credits Transferred and Assigned Utilized for Town Future Use (includes of Ave Maria R-2) 1 146.58 263.6 263.6 0 2 704.14 1,268.1 1,268.1 0 3* 3,195.54 4,675.2 4,675.3 0 4 1,239.92 1,676.7 1,676.7 0 5* 1,852.3 2,938.3 2,938.3 0 6 9,911.1 25,525.1 17,836.5 7,688.6 Source: Collier County data included in the Rural Land Stewardship Sending Area (SSA) Land Characteristics Summary and Recorded SSA Easement Agreements. *SSAs 3A and 5A post dated the approval of Ave Maria SRA, therefore no Credits were transferred and utilized for Ave Maria. SSAs 6, 7, 8, and 9 have been approved and contain a total of 16,985.4 acres (See Table 3-C). The total Credits assigned to these SSAs are 46,517.9. Of this total, 9,187.4 are R-2 Credits and are not available for utilization and transfer until the restoration work has been successfully completed. There are 28,681.4 total assigned Credits held for future use, including unused and R-2 Credits. 10 Table 3-C Summary of Approved Credits Held for Future Use SSA# Acres Total Credits R-2 Credits Credits Currently Assigned and Assigned Available for not Utilized Utilization 3A 0 606.6 0 606.6_ 5A 0 1,504.9 0 1,504.9 6 9,911.1 7,688.6 4,286.4 3,402.2 7 985.4 5,870.1 1,835.9 4,034.2 8 5,299.5 7,876.1 299.6 7,576.5 9 789.4 7,246.6 2,765.5 4,481.1 TOTAL 16,985.4 30,792.9 9,187.4 21,605.5 Source: Collier County data included in the Rural Land Stewardship Sending Area (SSA) Land Characteristics Summary and Recorded SSA Easement Agreements Map 3 shows the location of each SSA and the associated Credits assigned to each. 4. A comparison of the amount, location and type of Agriculture that existed at the time of study and time of review. Maps 4, 4A and 4B illustrate a comparison between the type of Agriculture that existed in 2002, and the agriculture uses that exist in 2007. As shown on the maps there has been some change in the agricultural land cover and Ave Maria now exists in place of the agriculture land cover that existed there in 2002 (Map 4C). Table 4-A below summarizes the type of agricultural uses in 2002 compared to the type of agriculture uses in 2007. Additionally, conversions in agricultural land use within and without the RLSA program are shown. The agricultura I land cover categories include all FLUCCS 200- level codes, and the FLUCCS 310, 329, and 330 rangeland codes. Free-range cattle grazing within naturally vegetated communities accounts for approximately 65,000 acres, but are not included in the 2002 or 2007 data. It should be noted that of the 65,000 free-range cattle grazing acres, the approved SS As have protected 15,690 acres of this agriculture use. Table 4-A below summarizes agricultural uses in 2002 compared to the uses 2007 and shows the relative percentage change of each. Table 4-A 2002/2007 Agricultural Type Comparison 2002 With Without New 2007 Agricultural Type ACRES RLSA RLSA Ag ACRES CHANGE Citrus 39,468 38,233 -3.13% Fallow 7,974 8,799 10.35% Pasture/Rangeland 17,863 16,129 -9.71% Row Crop 27,542 25,035 -9.10% Specialty 1,651 1,201 -27.26% TOTAL 94,498 -5,058 -480 +427 89,397±.01% -5.40% Sources: 2002 and 2007 RLSA land cover/land use GIS data, RLSA Property Owners, and aerial photo interpretation. 11 Table 4-B 2002 Ave Maria Agricultural Uses 2002 Agricultural Type ACRES Citrus 839 Fallow 177 Natural Wetlands and Uplands (Non Ag) 572 Pasture/Rangeland 429 Row Crop 2,562 Specialty 449 TOTAL 5,027± 5. The amount, location and type of land converted to non-agricultural use with, and without participation in the Stewardship Credit System since its adoption. Conversion of Agricultural lands using the RLSA program- Approximately 5,058 acres of land has been converted from agriculture to non-agriculture uses since 2002. As shown on Table 5-A, Ave Maria accounts for 4,455 acres, conservation uses within an SSA accounts for 553 acres, and 50 acres was converted to mining. Map 4 illustrates the location of all Ag to Non-Ag land use conversions. Conversion of Agricultural lands without using the RLSA program- A total of 480 acres of land within the RLSA have been approved for conversion from agricultural usage without using the RLSA program. Two areas totaling 233 acres received Conditional Use approval from Collier County to convert from agricultural use to earth mining and recreational activities. Land was purchased by Collier County and converted to conservation containing 237 acres of agriculture. Two conditional use excavations are pending and total 1,126.65 acres. In addition, there is 427 acres of new agriculture. Table 5-A 2007 Land Converted to Non-agricultural Use Without With RLSA RLSA Ag Land Conversion Program Program Conditional Use for earth mining -210 Conditional Use for recreation -33 Starnes Property Conservation (not entirely zoned ag) -237 Ave Maria -4,455 SSA Conservation -553 SSA mining -50 TOTAL ACRES -480 -5,058 New Agriculture +427 Sources: Conditional Use Approvals CU-02-AR-3537. CU-01-AR1225, Ave Maria Stewardship Receiving Area Resolution, SSA 3A and 5A, SSA 9 and Collier County Property Appraiser Map 4 illustrates the location of all Ag to Non-Ag land use conversions. 12 6. The extent and use of funding provided by Collier County and other sources of Local, State, Federal and private revenues described in Policy 1.18. A total of 15 acres have been purchased in the RLSA by the South Florida Water Management District (unknown amount). Conservation Collier purchased 367.7 acres. The total purchase price of the property was $5.3 million, with a $300,000 contribution from the Corkscrew Regional Ecosystem Watershed (CREW)Trust. 7. The amount, location and type of restoration through participation in the Stewardship Credit System since its adoption. Table 7-A documents the amount, location, and type of proposed restoration activities within approved SSAs. To date, restoration activities have been initiated on SS As 6, 8, and 9. Two types of restoration credits are available within the RLSA program. Restoration 1 (R1) lands are designated by the property owner for restoration activities. The actual implementation of restoration improvements is not required for the owner to receive (R1) credits (GMP RLSA Policy 3.11). Restoration 2 (R2) lands are designated and undertaken by the landowner for restoration activities. Credits are assigned but not available for transfer until the restoration activities have met applicable success criteria. To the extent restoration is designated and is to be undertaken by the landowner, a Restoration Program is attached to the Stewardship Easement as an exhibit. The Restoration Program details the required restoration improvements, success criteria, and the additional land management measures required after restoration occurs. The proposed restoration activities often require lengthy timeframes for the detailed restoration design, data collection (e.g., water table data), obtaining of state and federal permits for restoration, and/or multiple years of actual restoration work to achieve success criteria. The types of restoration listed in Table7-A are described below: Flowway: Restoration in areas that have been impeded or constricted by past activities resulting in a functional increase in the Camp Keais or Okaloacochee flowways. May also include areas where additional land is needed to enhance wildlife corridors. Wading birds: Includes hydrologic restoration, and or exotic removal within drained areas or excavation of shallow marsh in farm fields planted with native aquatic plants within fora ging distance of a rookery. Other Listed species: Restoration, exotic removal, and or management of pasture areas to support prairie species such as caracara, burrowing owls, and sand hill cranes. Could include restoration or creation of habitat for any listed species documented to occur within the RLSA. Large mammal corridor: Restoration or creation of"preferred" habitat adjacent to or connecting with existing occupied habitat. See Map 3A for the location of all area s designated for restoration. 13 Table 7-A Amount and Types of Restoration in SSAs Location Restoration Type Acres SSA 3A Wading Bird (R1) 248.9 SSA 5A Wading Bird (R1) 651.3 Flow way(R1, R2) 575.0 SSA 6 Other Listed Species (R1, R2) 619.2 Wading Bird (R1, R2) 24.8 Large Mammal Corridor(R1, R2) 331.9 SSA 7 Other Listed Species (R1, R2) 75.7 Wading Bird (R1, R2) 51.4_ SSA 8 Wading Bird (R1, R2) 74.9 Flow way (R1, R2) 571.5 SSA 9 Large Mammal Corridor (R1, R2) 61.0 Wading Bird (R1, R2) 58.9 TOTAL 3344.5 Total RI acres = 900± Total R2 acres = 2444.5± Source: SSA applications 8. The potential for use of Credits in urban areas. The RLSA Program as adopted does not allow for the use of Credits outside of the RLSA Overlay Area, nor is there any existing method to use such Credits in the Urban designation of the Collier County Growth Management Plan (GMP). Such a change would require thorough analysis and an amendment to the GMP and RLSA Overlay Area Goals, Objectives and Policies. IIIIIIII MENDRY COUNTY '= �-L}7 �, +� CLL ,• "10,S.` f lfL' Sly, 1 rjj . 1,'%,�]v l 0 4 i \ N , 10, 11011,4 L . 41 , 11111. r sr AM1 Ma ilk '� si" hee OKALEE �' 51 1k t, L:-:,'::..:r"f- iti, III! likrir AGSC 4' IiiI' iiiiit4 OkalooroocheeSlorgh a LMMOKdLEE RD ` � fn A E=1 Ill n A 1 111a ti EJ)111 ;P...' , a * A WRA itc, ,WRA il ot ler ■((((( + f OIL WELL RD 'ii. OIL WELL RD 1 ' 11Will 111111ePiliril[pill SIP ,-,-..t gar4 G7�7 GOLDEN GATE BLVD Cr- Diiiiii 111111 I 4 LEGLND 1 i, O Rural Land Stewardship Area Boundary Area of Critical State Concern 75 ®500-Foot Restoration Zone •Flowway Stewardship Area -Habitat Stewardship Area O Open Stewardship Area cJ---`Permitted Water Retention Area a a ;-Z RLSA OVERLAY : MAP 1 N Miles COLLIER RLSA : FIVE YEAR REVIEW \ t NAki': ‘'. 9 o o H ` l f e 0.1 0 cc 4k\k V lot' A 411 1 '117 41,, 7 SIA r r .‹,. 01,—..t. .\ ';,-'-',AC.: aloacoachee Slough I I •f srewmesnip Arm ;, O%Vkif :7.- J) (FSA) co co 4 U ' C s N o t, ,A, ' L , �� m �� /t OIL WELL RD W i 11 O C i Will 'N GOLDEN GATE BLVD 4 4 m N (,1 ' � A.'roved mr SSA Flowa Acres , r� 147 SSA2 _ 654 ,l SSA 3 509t ` SSA 4 198 SSA 5 196 Ill SSA 6 4,926 SSA 7 400 SSA 8 1,620 SSA 9 557 Subtotal 9,206- Pending SSA SSA 10 0 LEGEND SSA 11 1,191 SSA 12 1,788 SSA 13 4,232[ ®SSA-Approved With Flowway SSA 14 1,048' CZ SSA-Pending Wth Flowway SSA 15 2,196 ORural Land Stewardship Area Boundary SSA 1t 164 Flowway Subtotal _ 10,619 • Total Acres 19,825; Margin of error+/-1%due to rounding o —� FLOWWAY OVERVIEW : MAP 1A N Miles COLLIER RLSA : FIVE YEAR REVIEW SR ez k1_ �l `. o o /� '.. P A grol atiF iii " 74 WV" gm # ik ' -1,... __44, , i I il it P`1-N I,. ' al.* \ , OPPy . 1 ,.. N Mn. Q`::/ III: m OIL WELL RD W O J \ r7 \ W t ' I; 1 . ' M117) GOLDEV GATE BLVD a y 1 1 " ;j,— ,A Approved SSA Habitat Acres lif , ` SSA1 1 SSA 2 51 0 SSA 3 2,686 • SSA 4 1,042 II SSA 5 1,630 f SSA 6 4,985 SSA 7 487 11 SSA 8 1,248 f 75 SSA 9 155 Subtotal 12,283 Pending SSA LEGEND SSA 10 I 5,854 SSA11 I 2,212 SSA 12 2,933 ®SSA-Approved With Habitat SSA 13 1,313 !`` SSA-pending With Habitat SSA 14 663 ED Rural Land Stewardship Area Boundary SSA 15 1,827' SSA 16 2,901 _Habitat Stewardship Area Subtotal 17,703 (Total Acres 1 29,986 [Margin of error+/-1%due to rounding o 11-12 HABITAT OVERVIEW : MAP 1B N Miles COLLIER RLSA : FIVE YEAR REVIEW �#--*Jt SRBZdJ byb1V7 • V V�vG `� i o I %, g co \-\,,- Silk,. cc _ f SKS siti� I \ + IMMOKALEE 7,4 CR 84 t. i MM `w Q -. . ,'O EE RD r} 2 a:i7"..: -1, -a _..1_,6„,,___Is, Ct N L. ;012 w /---\ cp ii_..\-L - a. c2, Q iz m �� OIL WELL RD �� — to IL C ` 1_ ct II'. )1t-'—‘—' y- am „,_ tc4 ---,<5-. , WAS S-- GOLDEN GATE BLVD c,,T1 MS Ny Approved SSA Water Retention Acres ' SSA 1 0 SSA 2 — 0 SSA3 0 SSA 4 0 SSA 5 0 SSA6 0 SSA 7 0 SSA 8 0 I Ts SSA 9 _ 44 Subtotal 44 Pending SSA SSA 10 1 LEGEND SSA 11 198 SSA 12 _ 0 ��SSA-Approved With Water Retention SSA 13 1616 SSA 14 1 SSA-Pending With Water Retention SSA 15 �Rural Land Stewardship Area Boundary .--- 1209 1 SSA 16 9 0 Water Retention Stewardship Area Subtotal - 3,034 Total Acres j 3,078 1 Margin of error+/-1%due to rounding a o 1--1 1 WATER RETENTION OVERVIEW : MAP 1C N Miles COLLIER RLSA : FIVE YEAR REVIEW SR 8.2 1 1, i N'LlioN: 1141911111114Sk cl W ] f/li 'F.//2r 0 fI V Y cc ,,4144 ,�,� � 11199r • IMMOKALEE CR 84 i '416 moo \ 1194 4---- MM I ., IMMOKALEE RD � m ul \ I ' '.F E 0 0, Q No rLu LA ,_, , _ ,, , _,_ >, , ,,_.,____, ,_, ro OIL WELL RD {{ coct '''N , ilib.,1\i,‘:s_ W \:;:61,..k.\‘ ---..\\\%\\ r E GOLDEN GATE BLVD 7 IIM9 N y Approved SSA Open Land and 500 Ft Restoration Zone Acres SSA 1 0 SSA2 0 SSA3 0 SSA4 0 SSA 5 27 4, SSA6 0 175 -i SSA 7 99. SSA 8 _ 2,432 SSA 9 34 Subtotal 2,593 LEGEND Pending SSA _ SSA 106 SSA 11 ... 99 SSA-Approved With Open Land SSA 12 — I 70 SSA-Pending With Open Land SSA 13 269 ORural Land Stewardship Area Boundary SSA 14 - 0 500-Foot Restoration Zone SSA 15 271 .Open Open Land Designation SSA 16 3 Subtotal 474 Total Acres 3,067 Margin of error+/-1%due to rounding o ii OPEN LAND OVERVIEW : MAP 1D N Miles COLLIER RLSA : FIVE YEAR REVIEW Mil 'llikil_ A4 )`,, ' CC Ll Y _ .Lr SSA a AO U et ` SSA 7 �'``` All �/ a SSA i6" r / 5 Aioridt I' I ORALEE , t7514 6A 14 IMMOKALEERD "� T.� h � , ,f 0 J 1 6 r-\ E) 1 ( a o. /SzKli r C ti___-- -' cQi SSA/ _ l/r �,-�. NI 00 OlL WELL ROI W F G —i l CDCCW ¢j atm I� iil v GOLDE GATE BLVD r—1r / ab SSA 6 QAI . // co -f Approved SSA Flowway Acres Habitat Acres I Water Retention Acres' Ypen Land'j Cres Total Acres i SSA 1 147 0 0 0 147 5 +2 654 51 0 0 704 'SSA 3 509 2,686 0 0 3,196 175 SSA4 198 1,042 0 0_ 1,240 SSA 5 196 1,630 0 27 _ 1,852 SSA6 4,926 4,985 0 _ 0 9,911 SSA 7 _ 400 487. --- 0' 99 985 LEGEND SSA 8 1,620 1,248 - 0 _ 2,432 5.300 SSA 9 557 155 44 34 789 Subtotal 9,206 12,283 44 2,593 24,126 CD SSA-Approved Pending SSA SSA 10 - 0 5854 i _-- SSA-Pending6 5,861 CD SSA 11 1 191 2212 198 99 3,699 Rural Land Stewardship Area Boundary SSA 12 1.788 2933 0 70 4791 SSA 13 4,232 1313 1616 269 7,430 4111 Flowway Stewardship Area SSA 14 1,048 663 1 1 1,714 •Habitat Stewardship Area - SSA 15 2,19616] 1827 1209 27 5259 Open Stewardship Area SSA 16 164 2901 9 3 3,076 CD Water Retention Stewardship Area Subtotal 10,619 17,703, 3,0744', 474 31,830 Total Acres 19,825, 2%986 a whole acre.Margin 3,967 5%956 - noferrormaybe+/-1%. Note:Acres In this table have been rounded to \ o --II LAND DESIGNATION OVERVIEW : MAP lE N Miles COLLIER RLSA : FIVE YEAR REVIEW 11 111 Millt3 \\N \ § f 1i\ i"il •` '. i/ ; OKALEE T NAhli\V-kiiii) lir Wiry A 6 P Niki tha S%1 `'�, IMMO ,,. `, h co U . L ' R \y i a0. 1 0 1 IIICa OIL WELL RD Lj , ik GOLDE GATE BLVD N r 1 l 75 • rcrn' o ._.___.I SSA-Approved SSA-Pending _ ORural Land Stewardship Area Boundary', MID Existing Public Lands -Florida Forever Targeted Lands rThi--1 CONSERVATION LANDS OVERVIEW: MAP 1F 0 0.s 1.6 N Miles COLLIER RLSA : FIVE YEAR REVIEW HENDRY COUNTY COLLIER COUNTY X*,t, , 85f IJ U W Mr , `` lieV1 IIOKALEE CR 346 ii N? /) J IMMOKALEE RD 1 1 P. Tome aontlin CY _....,‘„_. 1'1 LThOILWRLLRD I OIL WELL RD II TIMIS'? GOLDEN GATE BLVD k L i Big Cmres' Florida Panther .-„ National Present National(Wildlife Refuge 1 ®, — SRA-Approved I SRA-Proposed (ID Rural Land Stewardship Area Boundary)Existing Public Lands E-1 2 SRA LOCATIONS : MAP 2 N Miles COLLIER RLSA : FIVE YEAR REVIEW NDRY COUNT) , ,., iLL O i-� r�4. 0 ti ( t; _i I I-- SSA 8 o 7,876.1 Credits �l 7 SSA 7 "�� SSA 5 C: 5,870.1 Creditsirm ....._ 4443.2 Credits ti c.; lil IMMOKALEE c j SSA3 5,281.9 Credits SSA 4 ,,r, 4, 4. I 1,676.7 Credits SSA_2_— /) ' _ `1,268.1 Credits IMMOx1LEE RD ti z1 J F..1 `h.� SSA 1 1 a rL7 1 263.6 Credits i.' SSA 9 ii 7,246.6 Credits OIL BELL RD OIL WELL RD / `. SSA 6 25,525.1 Credits I GOLDEN GATE BLVD LEGENDvi\ I riami 1 Li Q Approved SSA ORural Land Stewardship Area Boundary L J ;-Flowway Stewardship Area •Habitat Stewardship Area CD Open Stewardship Area L_\`Permitted Water Retention Area a 2 SSA CREDIT ASSIGNMENTS : MAP 3 N Miles COLLIER RLSA : FIVE YEAR REVIEW bENDRY COUNTY :::, CDLLI,i RtGOFBNYY (4> MSA S1t1,-, SSA 8 .r.t„ f,37.6 Rest§eatipaAcres 'estoration Acres IS/ l r �i • t ‘T, �i f .__ , SSA'16 4 4 �, , SSA 7 I `. , II ,;;,459 Restoration Acres 1 L. J 651.3 Restooto n Acres / Lake 't IMMOKALEE FL .. ��V:LI1� L lirr.d SSA3 SSA 1 2iI8.9 Restoration Acres 11 ./i� 653.2 Restos on Ac SSA4 ISSA 14 ) ',,'%LILTLOKaLEE'RD SSA 15 ' i EL---1 SSA 2 ah, SSA 1 1 _ILI, ;_, - __ a —� t___,,, i. ., /. SSA 9 l L 691.4 Restoration Acres i i .._2i 5 �r 1 i /�'�l OIL WELL RD t OIL WELL RD i----, f /V S5A 1t1 , .. SSA 11 ,x1,46 . tir res 77 J ' J.. $ Ull. ,,, .or i 1 r ,/ �, s „A % A cocnENWrEELro y\ \ 4 ssA 1 2,182.9 Restorai, ...,,,..:- 7, 442:31 SSA 6 + 1,219 Restoration Acres L E G E N D ,amielim milli C)Approved SSA Pending SSA SSA Restoration Rural Land Stewardship Area Boundary Flowway Stewardship Area Habitat Stewardship Area Open Stewardship Area Permitted Water Retention Area 2 SSA RESTORATION ACRES : MAP 3A N Miles COLLIER RLSA : FIVE YEAR REVIEW 7•6111111161111 g -4 ✓ 9 <xJ qtr itSi I■-! l y: ` Lr-J-: L;, . n .,-: m o 1 V - ) ; y ,,, s ez* .i {yti lkik, U ! ° (4!. o IJcpC.yfib} t c, .,,,v.... v . , '\ ii\v r1 t- n om .,k � - K .}.+\ r ii ti' 4,r ! 1 s I .r '' F✓tr`' I 4 +.__ \ r', ° ksJ p^r,' YItY s0 ,�� '- rit '',-,,,,,,,v /,, ..u. :,, L �Iis `� 0 F.- 'n ! L5� C�•�r:` S �4 i` �`_ "J� t 7'.F l.f ' mfr: -A i _ 4 ti�. 1 -to ,�.', P ( l �i a �11a�' • 'f'�r/�'�.y � • ` 7� ,P.e, 'pn Aia • a• --0 'Y lJ P__},4 �1 r i �V =`1�r.y�„p G-) c 1 b '^�M �' �y,�o 9 ' U�I`'„ ,,.` • .r ��mss~ t•-^l�'jAt �S, L .. d a ��. `.AOl2'4`,� f ,;... Lie c„, i. • 4 A -2 11 t -.. f : �a r, ,,jr''.-*- I r— o T, .� _ II\9 r4 , „ ,., E, iy_,, , „,-..4,..,,„,-..4,..,,ie. a - w r'r ice;' 1. d , c u N V$ t r� I 1 E; -i: Y— O t , ILI— —'1 -t•du Imo_— I u.• tir t. rte. 't•U s �4 -°•-'.., r., ri.- ---i f ,-, �, ®b .oma. d`t f � �.f�f _ i'� �r]� .,•\:11' tf�� d�` �41 .. ."e.(-/ �ol 0�..6 `J�r �a? c �Oeim j� 7.�l1 dt IS'''___ ' fIaCA ^ AO. r L- �3 Owl - rk. r ;nr (! Yt• l o.Y `(2 A ? R c 7'aSC,It�'h'��-” Gr;, G `� e !. r ,� : !I / �r �-y 1, �- .. _ ' kt r �ll��'Y rt tG�.r Yi—`J,: `� y �y...�._,••• , i l' r — f� '-1411 ea,. � Z: -0t.)i LEGEND R I � Land Use Change ', b _. -Ag to Conservation,Approved '" _ Intensify,Approved - Rural Land Stewardship Area Boundary — "— (_- Existing Public Lands r' Ag Type Change s No Change o 2 LAND USE CONVERSION : MAP 4 N Miles COLLIER RLSA : FIVE YEAR REVIEW wa 1 � a d d` 9a s r a - ,. t.; 7 1 '4, i j w ! J si--,..0i � ..-"Jillit-I 7 -° W is , , • .r "fl i A xt, irk4.-- r — 0a TT a :uI. - {` ,..S . IF ; � -,-.. -'-.. L1 r � •" , k,". _. IN . --. - - Ilk RP f +��" 1..4', at '"'w %¢ \. X1li1 y. '13§s • 'N e i —� I kW*•- k.I.-z':i' G .. -. l t 11111F . v�ji r• I Pi .r_ t 4a n1-$ .!"4+.'—."._' *"i: I I:'(� I N I) z l��rr•�,.•x•`rQ • ,- ,�•Ort ,e O Rural Land Stewardship Area Boundary � •'''+^""-i' - i • -Existing Public Lands µ 1q t `Citrus -lit"4"-- .--t. T Fallow _, Nat.Uplands&Wetlands Pasture Row Crops Specialty JI 1-7 1 1 2002 LANDUSE : MAP 4A 0 1 2 N Miles COLLIER RLSA : FIVE YEAR REVIEW Ria <. r a l',41 1�_, Wu C c i' a'p a fes. p. i . S r i r._ L 1141 it J , r t Li id ,,,so- '11. p ,,...,...:41•,. .'' f., 0 .„n Ilt 41- l 4. , 4frip k'4.f '' , il a • *.- -'y 5F 4 a �-2, f "-"ic .V_ Y LaL 9i .4.,0,,,, , 4 f q 11111 r 1111 I L__- LEGEND Rural Land Stewardship Area Boundary 1 - Existing Public Lands Citrus Fallow Nat.Upland;Wetlands Pasture;Rangeland Row Crop Specialty .) Ag to Non Ag I•Conservation,Approved 4110 Intensify,Approved 0 r ' 2007 LANDUSE : MAP 4B N Mi COLLIER RLSA : FIVE YEAR REVIEW 2002 Land Use Acres F , t#1 Citrus 839 ,,,,„....r.,-..„2 : k µ' ,. _ � I *I I Fallow 177r - JI _' III Nat. Uplands & Wetlands 572 T - -,,I i 1111101Pasture & Rangeland 429 #` `x'°# , Row Crop 2,562 : " 4,�h; �� 'irp ;lil -„--,;,,,,7, Specialt ,,.. 449 '.K,ilee- r.... xl(•I�il''`" III_I{__!Ili I { Total 5 027 ,r� fi, ,< _ it i .41 j lea kx fl it t!IiiHii. t7-.)-'-'''......'''''t'.'4j. tu. t '` < Iii 11 4 1 I '1[011 , • ,y� ;.i.::° :� /. I illi qi,i rii_i 1 i Y fiF,�.. ,�' - 11 pl iail] I X 3 , !1;•lilt II I '' 0-..,,(1.1... .::: 7 7,0.$r'r: a; r �IiN'I In i lM �Yw a Ng ( tI ! li, ay , iHili x p - I'',i- 1I fIll { i i I,irY y ' 4, � till I „ 1 I, , I[ � qy litiffifoll. ,. _,,,,,,,v,o.„..;:.,::,,,,r:..A. •r:,>";.”'4.,1'4"' ','F,:.--, A C * I I {! fn :94 40,9 +f�. r 4.r 1 — t j , li ' )il.v lie, le f1 ' �'' lIfI� ��1�113,t.11,1 k ' a ., , ED Ave Maria DRI `� C y-4 r a i$ Citrus • ,"x " — {�l c Fallow ` n Nat.Uplands&Wetlands q wed } .,4"4P , 1' , -.:,... Pasture 9 I I IF . '3 Ia ' I �IINIi� Row Crops Specialty s II 1------i AVE MARIA 2002 LAND USE : MAP 4C 0 1.000 2,000 N Feet COLLIER RLSA : FIVE YEAR REVIEW R 25 E 6 26 E R 27 E 1 R 28 E I R 29 E R 30 E I R 31 E I 6 32 E 1 R 33 E R 34 E .HENDRY COUNTY OVERLAYS_ URBAN DESIGNATION COMMERCIAL IMMO, SPECIAL FEATURESr . FUTURE LAND USE MAP �_ „RUM R=DEx,u=DxD,m�r STRICT ■; ` r n Bosrorz! ® INCORPORATED AREAS 2 *INTERCHANGE°"ilx�<io xreq O,®IB,a,D! , p a . 0--DEN=T.OAR. ■ ax REAS a ExxREI N,ENTAE CONCERN w ac, _._COAs!, HIGH HAZARD ARE, 2— Collier County Florida _ URBAN COASTAL�RIxDE saBDrs,xP! �� INNO AEEE ■UR r .[ cA EUBo lkrOr u'A IN AREA of cR ncaE STATE CONCERN H BUSINESS ISTRICT PORT OFFICE ARID INF9L COMMERCIAL SUBDISTRICT • / ——rao, t, _ SUBDISTRICTOOD VILLAGE Coara HU!WC RESEARCHxANROArSUBDxOEcar PA.Sl�rsrmc! ®N II Dv AREAS ,RE, — SUMS K eR1WTRYL DISTRICT r PUOONEGHBORH RPA TRA STRICT DI ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 5, 2008 I. NAME OF PETITIONER/PROJECT: Petition No.: CP-2006-9 Petition Name: Lake Trafford Ranch Agent: Mr. Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, FL, 34110 Applicant/ Owner: Lake Trafford Ranch, L.L.L.P 6301 Shirley Street Naples, FL 34109 II. LOCATION: The subject property contains 191.8 acres more or less and is located just to the west of Lake Trafford. The property lies within the Corkscrew Planning Community in Section 33, Township 46 South, Range 28 East. The subject property is located within what is commonly known as the Lake Trafford Ranch (aka Pepper Ranch). (See Attachment "A") III. REQUESTED ACTION: The subject property is designated Agricultural/Rural, Agricultural/Rural Mixed Use District, on the countywide Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP), and is within the Rural Lands Stewardship Area (RLSA) Overlay. More specifically, it is designated "Open Lands" on the Stewardship Overlay Map, part of the FLUM map series. This petition seeks to amend the Stewardship Overlay Map to re-designate 191.8 acres from Open Lands to Habitat Stewardship Area (HSA); and, to make text changes to: 1) make correlating adjustments to the HSA acreage figure in RLSA Policy 3.2, and, 2) increase the number of Stewardship Credits allowed by the early entry bonus in RLSA Policy 1.21. The propped text gk1ange , shgy�+r) in $ rike-i:hrou9h/unce!iine format, are as follows: EAC Meeting 3/5/08 1 V.OVERLAYS AND SPECIAL FEATURES D.RURAL LANDS STEWARDSHIP AREA OVERLAY GROUP 1—GENERAL PURPOSE AND STRUCTURE OF THE COLLIER COUNTY RURAL LANDS STEWARDSHIP AREA OVERLAY POLICY 1.21 (FLUE PAGE 102) The incentive based Stewardship Credit System relies on the projected demand for Credits as the primary basis for permanent protection of flowways, habitats and water retention areas. The County recognizes that there may be a lack of significant demand for Credits in the early years of implementation, and also recognizes that a public benefit would be realized by the early designation of SSAs. To address this issue and to promote the protection of natural resources, implementation of the Overlay will include an early entry bonus to encourage the voluntary establishment of SSAs within the RSLA. The bonus shall be in the form of an additional one Stewardship Credit per acre of land designated as a HSA located outside of the ACSC and one-half Stewardship Credit per acre of land designated as HSA located inside the ACSC. The early entry bonus shall be available for five years from the effective date of the adoption of the Stewardship Credit System in the LDC. The early designation of SSAs, and resulting protection of flowways, habitats, and water retention areas does not require the establishment of SSAs or otherwise require the early use of Credits, and Credits generated under the early entry bonus may be used after the termination of the bonus period. The maximum number of Credits that can be generated under the bonus is 27,000 27,192 Credits, and such Credits shall not be transferred into or used within the ACSC. GROUP 3—POLICIES TO PROTECT WATER QUALITY AND QUANTITY AND MAINTAIN THE NATURAL WATER REGIME,AS WELL AS LISTED ANIMAL AND PLANT SPECIES AND THEIR HABITATS BY DIRECTING INCOMPATIBLE USES AWAY FROM WETLANDS AND UPLAND HABITAT THROUGH THE ESTABLISHMENT OF FLOW WAY STEWARDSHIP AREAS,HABITAT STEWARDSHIP AREAS,AND WATER RETENTION AREAS,WHERE LANDS ARE VOLUNTARILY INCLUDED IN THE RURAL LANDS STEWARDSHIP AREA PROGRAM. POLICY 3.2(FLUE PAGE 104) Listed animal and plant species and their habitats shall be protected through the establishment of Habitat Stewardship Areas (HSAs), as SSAs within the RLSA Overlay. HSAs are delineated on the Overlay Map and contain approximately 40,000 40,192 acres. HSAs are privately owned agricultural areas, which include both areas with natural characteristics that make them EAC Meeting 3/5/08 2 suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat to help form a continuum of landscape that can augment habitat values. The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of credits, resulting in the elimination of incompatible uses and the establishment of protection measures described in Group 1 Policies. Not all lands within the delineated HSAs are comparable in terms of their habitat value; therefore the index shall be used to differentiate higher value form lower value lands for the purpose of Overlay implementation. Analysis of the Index Map Series shows that HSA lands score within a range of 0.6 to 2.2. There are approximately 13,800 acres of cleared agricultural fields located in HSAs. The average index score of HSA designated lands is 1.3, however,the average index score of the naturally vegetated areas with HSAs is 1.5. IV. BACKGROUND and PROJECT DESCRIPTION: On December 24, 1997, the Florida Department of Community Affairs (DCA) issued its Notice and Statement of Intent to find Collier County's Growth Management Plan amendments adopted pursuant to the 1996 EAR (Evaluation and Appraisal Report) not "in compliance". Subsequently, an Administrative Law Hearing was held in Collier County, and the Administrative Law Judge issued a Recommended Order that sided with DCA. On June 22, 1999, the state of Florida Administrative Commission (Governor and Cabinet) issued Final Order No. AC-99- 002, which directed Collier County to conduct a Rural and Agricultural Area Assessment (the "Assessment") to collect appropriate data, gather public input and develop amendments to the Growth Management Plan. Major issues to be addressed by the Assessment included: protecting wetlands, wildlife and their habitats; protecting prime or unique agricultural lands from the premature conversion to other uses; and, assessing the growth potential of the Area by assessing the potential conversion of these rural lands to other uses, in appropriate locations. All of this was to occur while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilized creative land use planning techniques; such techniques could include, but not be limited to, public and private schools, urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions, and mixed-use development. The final order allowed Collier County to conduct the Assessment in phases, which the County did; a separate citizen advisory committee was established for each respective area — the Rural Fringe Area and the Eastern Lands Area, also known as the "Immokalee Area Study" (and sometimes referred to as the "Rural Lands Area"). The final order, as amended, required that the County adopt GMP Amendments for the Rural Lands Area resulting from the assessment by November 1, 2002. The BCC-appointed Rural Lands Assessment Area Oversight Committee conducted the assessment for the Immokalee Study Area over a three year period and, as a result of their findings, 3 EAC Meeting 3/5/08 the Rural Lands Stewardship Area (RLSA) Overlay, a voluntary, incentive-based land development and conservation program, was adopted into the GMP on October 22, 2002 and into the Land Development Code (LDC) on June 26, 2003. The RLSA comprises over 195,000 acres in northeastern Collier County. RLSA Program: The goals of the Collier County RLSA are to: - protect agricultural activities and to prevent the premature conversion of agricultural land to non-agricultural uses - direct incompatible uses away from wetlands and upland habitat - enable the conversion of rural land to other uses in appropriate locations - discourage urban sprawl and to encourage development that utilizes creative land use planning techniques The intent of the program is to direct development away from sensitive natural areas to areas that have already been impacted, such as farm fields. The program accomplishes the above goals by incentivizing land owners within the RLSA to voluntarily place both environmentally valuable natural areas and contiguous agricultural properties in Stewardship Sending Areas (SSA). An SSA has a perpetual Stewardship Easement, running with the land, limiting land uses. In exchange for a reduction in land uses (removing one or more land use layers, in succession), coupled with the environmental value of the property, the land owner receives Stewardship Credits. Credits can be used to develop Stewardship Receiving Areas (SRA) — towns, villages, hamlets, compact rural developments - in appropriate areas. There are three types of Stewardship Sending Areas. Flowway Stewardship Areas (FSA) primarily include privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. Habitat Stewardship Areas (HSA) include natural characteristics which makes them suitable habitat for listed species and also contain approximately 13,800 acres of active and passive agriculture. Water Retention Areas (WRA) are privately owned lands permitted by the South Florida Water Management District to function as agricultural water retention areas that provide surface water quality and other natural resource value. "Open" areas are lands that have relatively lower natural resource values and are suitable for SRA development. Eight Stewardship Credits are required to develop one acre of a SRA. SRAs must be compact, environmentally sensitive in design and provide their own services and infrastructure to residents. The subject amendment consists of a proposal to change the future land use map designation from Open to HSA for the 191.80± acre parcel, and a text change to the Future Land Use Element both to reflect the increase in HSA acreage and to increase the amount of available Early Entry Bonus Credits from 27,000 to 27,192. EAC Meeting 3/5/08 4 V. GROWTH MANAGEMENT PLAN CONSISTENCY: HABITAT STEWARDSHIP AREA DESIGNATION The majority of the property proposed for re-designation is mixed wetland hardwood and pine hammock (FLUCCS 617) habitat. There is a narrow dirt road which crosses the east side of the parcel. This path and another that transects the parcel are identified as likely travel routes for panthers in the Least Cost Pathways to Identify Key Highway Segments for Florida Panther Conservation report presented at the 2005 Mountain Lion Workshop in California. There is also a small area of herbaceous wet prairie/pasture (FLUCCS 643). These characteristics make this property similar to other HSAs. In addition, it is contiguous to currently designated HSA lands and it is located within Primary Panther Habitat according to the MERIT Panther Plan, as well as Primary Bear Habitat, according to the Florida Fish and Wildlife Conservation Commission (FWC). The property is located within lands targeted by the Corkscrew Regional Ecosystem Watershed (CREW) for purchase. The redesignation of this property from Open to HSA, adds an additional incentive for protection. Based upon review of the data submitted within the application, and review of more recently updated listed species information, the proposed RLSA designation change from Open Lands to Habitat Stewardship Area is warranted (see RLSA Policy 3.2 on pages 2 and 3 of this report). However, because the acreage figures in RLSA Policy 3.2 are approximate, staff would recommend the revised acreage also be approximate (40,200 acres of HSA, not 40,192). If the proposed map re-designation and correlating acreage change to Policy 3.2 is adopted, staff notes two other correlating changes will be necessary so as to maintain internal consistency: 1) RLSA Policy 3.2 will need further revision to increase the acreage of cleared agricultural fields from "approximately 13,800 acres" to acres (petitioner to provide this figure to staff); and, 2) the text of Policy 4.2 will have to be amended to show a decrease in potential Open lands from "approximately 74,500 acres" to 74,300 acres. EARLY ENTRY BONUS CREDITS The proposed text amendment seeks to increase the available amount of Early Entry Bonus Credits from 27,000, as provided for in RLSA Policy 1.21, to 27,192 (see RLSA Policy 1.21 on page 2 of this report). Currently, the credits are available until January 30, 2009 (LDC 4.08.06 B.1.a.). A total of 7,718.7 early entry bonus credits have been utilized as of the date of this report, leaving a balance of 19,281.3 available for future approved SSAs. The potential additional bonus credits would allow a total of approximately 24 additional acres of SRA to be developed in Open Areas (1 bonus credit per acre X 191.8 acres = 191.8 credits T 8 credits per acre of SRA = 23.98 acres of SRA development). 5 EAC Meeting 3/5/08 Because of the amount of bonus credits available, and the rate of credits assigned (average -1500/year), it is unlikely that the balance of 19,281.3 credits remaining will be utilized by January 30, 2009. The applicant provided no justification for this requested change. Therefore, it is staffs opinion that the bonus credits not be increased. RESTORATION CREDITS In addition to Early Entry Bonus Credits, there is a potential for restoration bonus credits resulting from the designation change. Policy 3.11, stated below, provides an incentive for restoration to occur on appropriate HSA lands that are contiguous to Camp Keais Strand. Four stewardship credits per acre may be generated from lands designated for restoration. Another four credits may be generated if the applicant/landowner actually undertakes restoration activities. The potential increase of available credits is 1,534.4 which can be used for 191.8 acres of SRA development in Open Areas (8 restoration credits per acre X 191.8 acres = 1,534.4 8 credits per acre of SRA = 191.8 acres of SRA). POLICY 3.11 In certain locations there may be the opportunity for flow-way or habitat restoration. Examples include, but are not limited to, locations where flow- ways have been constricted or otherwise impeded by past activities, or where additional land is needed to enhance wildlife corridors. Priority shall be given to restoration within the Camp Keais Strand FSA or contiguous HSAs. Should a property owner be willing to dedicate land for restoration activities within the Camp Keais Strand FSA or contiguous HSAs, four additional Stewardship Credits shall be assigned for each acre of land so dedicated. An additional two Stewardship credits shall be assigned for each acre of land dedicated for restoration activities within other FSAs and HSAs. The actual implementation of restoration improvements is not required for the owner to receive such credits and the costs of restoration shall be borne by the governmental agency or private entity undertaking the restoration. Should an owner also complete restoration improvements, this shall be rewarded with four additional Credits for each acre of restored land upon demonstration that the restoration met applicable success criteria as determined by the permit agency authorizing said restoration. This policy does not preclude other forms of compensation for restoration which may be addressed through public-private partnership agreement such as a developer contribution agreement or stewardship agreement between the parties involved. The specific process for assignment of additional restoration credits shall be included in the Stewardship District of the LDC. EAC Meeting 3/5/08 6 VI. RECOMMENDATIONS: It should be noted that petition CP-2006-10 - for 2,431.8 acres located elsewhere in the RLSA - also seeks an RLSA designation change from Open to HSA, correlating acreage change to RLSA Policy 3.2, and increase in early entry bonus credits in RLSA Policy 1.21. However, each petition should be reviewed on its own merit. Based on the analyses provided within this report, staff recommends that the EAC forward Petition CP-2006-9 to the Collier County Planning Commission and Board of County Commissioners with a recommendation to transmit to the Department of Community Affairs, as follows: 1. Approve map designation change from Open to Habitat Stewardship Area. 2. Approve corresponding increase in HSA acreage in RLSA Policy 3.2 from "approximately 40,000 acres" to "approximately 40,200 acres" (maintain figures rounded to nearest 100 rather than petitioner's more precise figure of 40,192). 3. Approve corresponding increase in cleared agricultural fields' acreage in RLSA Policy 3.2 from "approximately 13,800 acres" to "approximately acres" [petitioner to provide this figure to staff]. This amendment is not included in the petition but is recommended by staff as necessary to maintain internal consistency. 4. Approve corresponding decrease in Open areas acreage from "approximately 74,500 acres" to "approximately 74,300 acres" in RLSA Policy 4.2. This amendment is not included in the petition but is recommended by staff as necessary to maintain internal consistency. 5. NOT approve the increase in early entry bonus credits. VII. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's Office. PREPARED BY: -7/75-A' fah Standridge, Senior Planner Date Comprehensive Planning Department REVIEWED BY: (7t7NA) 1,-L? / David Weeks, AICP, Comprehensive Planning Manager Date Comprehensive Planning Department EAC Meeting 3/5/08 % '6,t4/1/3-0,- -10/"Z-4( ,A "✓ '." t—` 4 I57c d Laura Roys Gibson, '/Senior Environmental Specialist Date Environmental Services Department 4/-2 7 1 q)(,/«/2_1) Susan Mason, Senior Environmental Specialist Date Environmental Services Department ' l' 2-(1&10 gl- Jeff .h l Assistant Count Attorney Date Offic- if the Collier County Attorney APPROVED BY: J•4$1 .h K. Schmitt, Administrator Date C ' munity Development & Environmental Services Division EAC Staff Report CP-2006-9 Lake Trafford Ranch dw G:\ComprehensivelComp.Planning GMP DATA\Comp.Plan Amendments12006 petitions\CP-2006-9 FLUE RLSA Open to HSA Lake Trafford Ranch ns-dw/2-15-08 EAC Meeting 3/5/08 8 ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 5, 2008 I. NAME OF PETITIONER/PROJECT: Petition No.: CP-2006-10 Petition Name: Half Circle L Ranch Agent: Mr. Robert L. Duane Hole Montes, Inc. 950 Encore Way Naples, FL, 34110 Applicant: Timothy G. Hains, Trustee 1395 Panther Lane, Suite 300 Naples, Florida 34109 Owner: Half Circle L Ranch Partnership 2424 Thorp Rd. Immokalee, FL 34142-3401 II. LOCATION: The subject property contains 2,431.8 acres more or less and is located just to the east of Immokalee. The property lies within the Corkscrew Planning Community in Sections 13, 14, 15, 22, 23, 24, 26, 34, Township 46 South, Range 30 East. The subject property is located within what is commonly known as the Half Circle L Ranch. (See Attachment "A") III. REQUESTED ACTION: The subject property is designated Agricultural/Rural, Agricultural/Rural Mixed Use District, on the countywide Future Land Use Map (FLUM) of the Collier County Growth Management Plan (GMP), and is within the Rural Lands Stewardship Area (RLSA) Overlay. More specifically, it is designated "Open Lands" on the Stewardship Overlay Map, part of the map series. This petition seeks to amend the Stewardship Overlay Map to re-designate 2,431.8 acres from Open Lands to Habitat Stewardship Area (HSA); and, to make text changes to: 1) make correlating adjustments to the HSA acreage figure in RLSA Policy 3.2, and, 2) increase the number of Stewardship Credits allowed by the early entry bonus in RLSA Policy EAC Meeting 3/5/08 1 1.21. The proposed text changes, shown in strike-through/underline format, are as follows: D.RURAL LANDS STEWARDSHIP AREA OVERLAY GROUP 1—GENERAL PURPOSE AND STRUCTURE OF THE COLLIER COUNTY RURAL LANDS STEWARDSHIP AREA OVERLAY POLICY 1.21 (FLUE PAGE 102) The incentive based Stewardship Credit System relies on the projected demand for Credits as the primary basis for permanent protection of flowways, habitats and water retention areas. The County recognizes that there may be a lack of significant demand for Credits in the early years of implementation, and also recognizes that a public benefit would be realized by the early designation of SSAs. To address this issue and to promote the protection of natural resources, implementation of the Overlay will include an early entry bonus to encourage the voluntary establishment of SSAs within the RSLA. The bonus shall be in the form of an additional one Stewardship Credit per acre of land designated as a HSA located outside of the ACSC and one-half Stewardship Credit per acre of land designated as HSA located inside the ACSC. The early entry bonus shall be available for five years from the effective date of the adoption of the Stewardship Credit System in the LDC. The early designation of SSAs, and resulting protection of flowways, habitats, and water retention areas does not require the establishment of SSAs or otherwise require the early use of Credits, and Credits generated under the early entry bonus may be used after the termination of the bonus period. The maximum number of Credits that can be generated under the bonus is 27,000 28,215.9 Credits, and such Credits shall not be transferred into or used within the ACSC. GROUP 3—POLICIES TO PROTECT WATER QUALITY AND QUANTITY AND MAINTAIN THE NATURAL WATER REGIME,AS WELL AS LISTED ANIMAL AND PLANT SPECIES AND THEIR HABITATS BY DIRECTING INCOMPATIBLE USES AWAY FROM WETLANDS AND UPLAND HABITAT THROUGH THE ESTABLISHMENT OF FLOW WAY STEWARDSHIP AREAS,HABITAT STEWARDSHIP AREAS,AND WATER RETENTION AREAS,WHERE LANDS ARE VOLUNTARILY INCLUDED IN THE RURAL LANDS STEWARDSHIP AREA PROGRAM. POLICY 3.2(FLUE PAGE 104) Listed animal and plant species and their habitats shall be protected through the establishment of Habitat Stewardship Areas (HSAs), as SSAs within the RLSA Overlay. HSAs are delineated on the Overlay Map and contain approximately 40,000 42,431.8 acres. HSAs are privately owned EAC Meeting 3/5/08 2 agricultural areas, which include both areas with natural characteristics that make them suitable habitat for listed species and areas without these characteristics. These latter areas are included because they are located contiguous to habitat to help form a continuum of landscape that can augment habitat values. The Overlay provides an incentive to permanently protect HSAs by the creation and transfer of credits, resulting in the elimination of incompatible uses and the establishment of protection measures described in Group 1 Policies. Not all lands within the delineated HSAs are comparable in terms of their habitat value; therefore the index shall be used to differentiate higher value form lower value lands for the purpose of Overlay implementation. Analysis of the Index Map Series shows that HSA lands score within a range of 0.6 to 2.2. There are approximately 13,800 acres of cleared agricultural fields located in HSAs. The average index score of HSA designated lands is 1.3, however, the average index score of the naturally vegetated areas with HSAs is 1.5. IV. BACKGROUND and PROJECT DESCRIPTION: On December 24, 1997, the Florida Department of Community Affairs (DCA) issued its Notice and Statement of Intent to find Collier County's Growth Management Plan amendments adopted pursuant to the 1996 EAR (Evaluation and Appraisal Report) not "in compliance". Subsequently, an Administrative Law Hearing was held in Collier County, and the Administrative Law Judge issued a Recommended Order that sided with DCA. On June 22, 1999, the state of Florida Administrative Commission (Governor and Cabinet) issued Final Order No. AC-99- 002, which directed Collier County to conduct a Rural and Agricultural Area Assessment (the "Assessment") to collect appropriate data, gather public input and develop amendments to the Growth Management Plan. Major issues to be addressed by the Assessment included: protecting wetlands, wildlife and their habitats; protecting prime or unique agricultural lands from the premature conversion to other uses; and, assessing the growth potential of the Area by assessing the potential conversion of these rural lands to other uses, in appropriate locations. All of this was to occur while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilized creative land use planning techniques; such techniques could include, but not be limited to, public and private schools, urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions, and mixed-use development. The final order allowed Collier County to conduct the Assessment in phases, which the County did; a separate citizen advisory committee was established for each respective area — the Rural Fringe Area and the Eastern Lands Area, also known as the "Immokalee Area Study" (and sometimes referred to as the "Rural Lands Area"). The final order, as amended, required that the County adopt GMP Amendments for the Rural Lands Area resulting from the assessment by November 1, 2002. The BCC-appointed Rural Lands Assessment Area Oversight Committee conducted the assessment for the EAC Meeting 3/5/08 3 Immokalee Study Area over a three year period and, as a result of their findings, the Rural Lands Stewardship Area (RLSA) Overlay, a voluntary, incentive-based land development and conservation program, was adopted into the GMP on October 22, 2002 and into the Land Development Code (LDC) on June 26, 2003. The RLSA comprises over 195,000 acres in northeastern Collier County. RLSA Program: The goals of the Collier County RLSA are to: - protect agricultural activities and to prevent the premature conversion of agricultural land to non-agricultural uses - direct incompatible uses away from wetlands and upland habitat - enable the conversion of rural land to other uses in appropriate locations - discourage urban sprawl and to encourage development that utilizes creative land use planning techniques The intent of the program is to direct development away from sensitive natural areas to areas that have already been impacted, such as farm fields. The program accomplishes the above goals by incentivizing land owners within the RLSA to voluntarily place both environmentally valuable natural areas and contiguous agricultural properties in Stewardship Sending Areas (SSA). An SSA has a perpetual Stewardship Easement, running with the land, limiting land uses. In exchange for a reduction in land uses (removing one or more land use layers, in succession), coupled with the environmental value of the property, the land owner receives Stewardship Credits. Credits can be used to develop Stewardship Receiving Areas (SRA) — towns, villages, hamlets, compact rural developments - in appropriate areas. There are three types of Stewardship Sending Areas. Flowway Stewardship Areas (FSA) primarily include privately owned wetlands that are located within the Camp Keais Strand and Okaloacoochee Slough. Habitat Stewardship Areas (HSA) include natural characteristics which makes them suitable habitat for listed species and also contain approximately 13,800 acres of active and passive agriculture. Water Retention Areas (WRA) are privately owned lands permitted by the South Florida Water Management District to function as agricultural water retention areas that provide surface water quality and other natural resource value. "Open" areas are lands that have relatively lower natural resource values and are suitable for SRA development. Eight Stewardship Credits are required to develop one acre of a SRA. SRAs must be compact, environmentally sensitive in design and provide their own services and infrastructure to residents. The subject amendment consists of a proposal to change the future land use map designation from Open to HSA for the 2431.80± acre parcel, and a text change to the Future Land Use Element both to reflect the increase in HSA acreage and to EAC Meeting 3/5/08 4 increase the amount of available Early Entry Bonus Credits from 27,000 to 28,215.9. V. GROWTH MANAGEMENT PLAN CONSISTENCY: HABITAT STEWARDSHIP AREA DESIGNATION The property proposed for re-designation is a mix of wetlands, uplands, pasture and fallow crop lands, which is similar to other HSAs. It is contiguous to HSA lands to the north and south and an area identified for restoration is adjacent to the west. Numerous listed species can be expected to utilize the property,.- and it is located within Primary Panther Habitat according to the MERIT Panther Plan as well as Primary Bear Habitat, according to the Florida Fish and Wildlife Conservation Commission (FWC). The property is located entirely within the Area of Critical State Concern (ACSC). Based upon review of the data submitted within the application, the proposed RLSA designation change from Open Lands to Habitat Stewardship Area is warranted (see RLSA Policy 3.2 on pages 2 and 3 of this report). However, because the acreage figures in RLSA Policy 3.2 are approximate, staff would recommend the revised acreage also be approximate (40,200 acres of HSA, not 40,192). It should be noted that this property is located within SSA 6. As such, a Stewardship Easement was placed upon this property limiting it to Agriculture Group 1 (Ag 1 — active ag) and Agriculture Group 2 (Ag 2 — passive ag) uses. If the applicant seeks an amendment to the SSA, an additional land use layer must be removed. This will have the effect of reducing the land uses from acres of Ag 1 to Ag 2 (on those acres) and from acres of Ag 2 to Conservation. Although RLSA policy 1.18 supports additional conservation purchases to augment the program though outside sources, there is one effect of conservation land being created from the RLSA program. One of the primary goals of the RLSA is to support agriculture. Under the Land Development Code 4.08.06 B4 passive forms of agriculture are not permitted on conservation land. The redesignation of this property from Open to HSA, adds additional incentive for further protection. If the proposed map re-designation and correlating acreage change to Policy 3.2 is adopted, staff notes two other correlating changes will be necessary so as to maintain internal consistency: 1) RLSA Policy 3.2 will need further revision to increase the acreage of cleared agricultural fields from "approximately 13,800 acres" to acres (petitioner to provide this figure to staff); and, 2) the text of Policy 4.2 will have to be amended to show a decrease in potential Open lands from "approximately 74,500 acres" to 72,100 acres. 5 EAC Meeting 3/5/08 EARLY ENTRY BONUS CREDITS The proposed text amendment seeks to increase the available amount of Early Entry Bonus Credits from 27,000, as provided for in RLSA Policy 1.21, to 28,215.9 (see RLSA Policy 1.21 on page 2 of this report). Currently, the credits are available until January 30, 2009 (LDC 4.08.06 B.1.a.). A total of 7,718.7 early entry bonus credits have been utilized as of the date of this report, leaving a balance of 19,281.3 available for future approved SSAs. The potential additional bonus credits would allow a total of approximately 152 additional acres of SRA to be developed in Open Areas (1/2 bonus credit per acre X 2431.8 acres = 1,215.9 credits _ 8 credits per acre of SRA = 152 acres of SRA development). Because of the amount of bonus credits available, and the rate of credits assigned (average -1500/year), it is unlikely that the balance of 19,281.3 credits remaining will be utilized by January 30, 2009. The applicant provided no justification for this requested change. Therefore, it is staff's opinion that the bonus credits not be increased. RESTORATION CREDITS In addition to Early Entry Bonus Credits, there is a potential for restoration bonus credits resulting from the designation change. Policy 3.11, stated below, provides an incentive for restoration to occur on appropriate HSA lands that are contiguous to Camp Keais Strand and other FSAs (Okaloacoochee Slough). Two stewardship credits per acre may be generated from lands designated for restoration in other FSAs. Another four credits may be generated if the applicant/landowner actually undertakes restoration activities. The potential increase of available credits is 14,590.80 which can be used for 1,823.85 acres of SRA development in Open Areas (6 restoration credits per acre X 2431.8 acres = 14,590.80 _ 8 credits per acre of SRA = 1,823.85 acres of SRA). POLICY 3.11 In certain locations there may be the opportunity for flow-way or habitat restoration. Examples include, but are not limited to, locations where flow- ways have been constricted or otherwise impeded by past activities, or where additional land is needed to enhance wildlife corridors. Priority shall be given to restoration within the Camp Keais Strand FSA or contiguous HSAs. Should a property owner be willing to dedicate land for restoration activities within the Camp Keais Strand FSA or contiguous HSAs, four additional Stewardship Credits shall be assigned for each acre of land so dedicated. An additional two Stewardship credits shall be assigned for each acre of land dedicated for restoration activities within other FSAs and HSAs. The actual implementation of restoration improvements is not required for the owner to receive such credits and the costs of restoration shall be borne by the governmental agency or private entity undertaking the restoration. EAC Meeting 3/5/08 6 Should an owner also complete restoration improvements,this shall be rewarded with four additional Credits for each acre of restored land upon demonstration that the restoration met applicable success criteria as determined by the permit agency authorizing said restoration. This policy does not preclude other forms of compensation for restoration which may be addressed through public-private partnership agreement such as a developer contribution agreement or stewardship agreement between the parties involved. The specific process for assignment of additional restoration credits shall be included in the Stewardship District of the LDC. VI. RECOMMENDATIONS: It should be noted that petition CP-2006-9 - for 191.8 acres located elsewhere in the RLSA - also seeks an RLSA designation change from Open to HSA, correlating acreage change to RLSA Policy 3.2, and increase in early entry bonus credits in RLSA Policy 1.21. However, each petition should be reviewed on its own merit. Based on the analyses provided within this report, staff recommends that the EAC forward Petition CP-2006-10 to the Collier County Planning Commission and Board of County Commissioners with a recommendation to transmit to the Department of Community Affairs, as follows: 1. Approve map designation change from Open to Habitat Stewardship Area. 2. Approve corresponding increase in HSA acreage in RLSA Policy 3.2 from "approximately 40,000 acres" to "approximately 42,400 acres" (maintain figures rounded to nearest 100 rather than petitioner's more precise figure of 42,431.8). 3. Approve corresponding increase in cleared agricultural fields' acreage in RLSA Policy 3.2 from "approximately 13,800 acres" to "approximately acres" [petitioner to provide this figure to staff]. This amendment is not included in the petition but is recommended by staff as necessary to maintain internal consistency. 4. Approve corresponding decrease in Open areas acreage from "approximately 74,500 acres" to "approximately 72,100 acres" in RLSA Policy 4.2. This amendment is not included in the petition but is recommended by staff as necessary to maintain internal consistency. 5. NOT approve the increase in early entry bonus credits. VII. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's Office. EAC Meeting 3/5/08 PREPARED BY: /7-S'-AT Noah Standridge, Senior Planner Date Comprehensive Planning Department REVIEWED BY: /! David Weeks, AICP, Comprehensive Planning Manager Date Comprehensive Planning Department 7N(tift.i's- * / Laura Roys Gibson, Senior Environmental Specialist Date Environmental Services Department Susan Mason, Senior Environmental Specialist Date Environmental Services Department -/tr-/ Jeff "rig t, Assistant Count Attorney Date Office he Collier County Attorney APPROVED BY: 9od J•s-•h K. Schmitt, Administ ator Dat o munity Development & Environmental Services Division EAC Staff Report CP-2006-10 Half Circle L Ranch G:IComprehensivelComp.Planning GMP DATAIComp.Plan Amendments12006 petitions\CP-2006-10 FLUE RLSA Open to HSA Half Circle L Ranch ns-dw/2-15-08 EAC Meeting 3/5/08 g